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2005-09-13 MOUND CITY COUNCIL MINUTES SEPTEMBER 13, 2005 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 13, 2005, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise and David Osmek. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Finance Director Gino Businaro, Docks and Parks Superintendent Jim Fackler, Deb Grand, Wanda Martens, Pam Myers, Tom Rockvam, Norrine Forrest, Verna Hasse, Cklair Hasse, Mark hanus, Jerry Mader, Cheryl Martin, Benjamin Milbrath, John Ehlers Consent Agenda: All items listed under the Consent Agenda are considered to be routine in nature by fhe Council and will be enacted by a roll call vote. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. Open Meeting Mayor Meisel called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve Agenda Specht requested the removal of D and Osmek requested the removal of A from the Consent Agenda for discussion. MOTION by Osmek, seconded by Specht to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent Agenda MOTION by Osmek, seconded by Specht to approve the items on the consent agenda with the exception of 4A and 4D which were removed. Upon roll call vote, all voted in favor. Motion carried. A. (removed) B. Approve payment of claims in the amount of $1,677,950.46. C. Reschedule meetings: November 8, 2005 meeting from 7:30 p.m. to 8:00 p.m. December 13, 2005 meeting from 7:30 p.m. to 8:00 pm. D. (removed) ~" E. RESOLUTION N0.05-121: RESOLUTION ADOPTING FEE SCHEDULE Mound City Council Meeting -September 13, 2005 F. RESOLUTION NO. 05-122: RESOLUTION AUTHORIZING RECONVEYANCE OF TAX FORFEITED PROPERTY -PID #19-117-23-32-0128. G. Approve Public Lands Permits: 1. Mike/Sara McCue - 4687 Island View Drive for irrigation and stairs on Devon Commons 2. Kirk Bernhagen - 4539 Island View Drive for rip-rap on Devon Commons 3. Steve Bedell - 4957 Island View Drive for rip-rap on Devon Commons H. Approve payment Request No. 4 from Buffalo Bituminous in the amount of $276,125.43 for the 2005 Street Improvement Project. I. RESOLUTION NO. 05-123: RESOLUTION IDENTIFYING THE NEED FOR LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT FUNDING AND AUTHORIZING AN APPLICATION FOR GRANT FUNDS FOR TRANSIT DISTRICT PARKING DECK J. RESOLUTION NO. 05-124: RESOLUTION APPROVING VARIANCES FOR AN EIGHT (8) FOOT SIDE YARD FENCE AND WAIVING SWIMMING POOL FENCING REQUIREMENT FOR NEW HOME AT 1605 BLUEBIRD LANE, MOUND, MINNESOTA. PID #13-117-24-12-0227 K. RESOLUTION NO. 05-125: RESOLUTION APPROVING A PUBLIC LANDS PERMIT TO ALLOW CONSTRUCTION OF A TEMPORARY DRIVEWAY IN RICHMOND ROAD RIGHT OF WAY FOR RANDY GABRELCIK AT 4712 RICHMOND ROAD. PID #19-117-23-32-0137. L. RESOLUTION N0.05-126: RESOLUTION PURSUANT TO MINNESOTA STATE STATUTES SECTION 272.162, SUBD. 3 TO REQUIRE LOCAL APPROVAL OF ALL LAND DIVISIONS WITHIN THE BOUNDARIES OF MOUND PRIOR TO CONVEYANCE. 4A. Approve Minutes MOTION by Brown, seconded by Beise to approve the minutes of the August 23, 2005 regular meeting, the August 30, 2005 special meeting and the September 7, 2005 special meeting. The following voted in favor: Brown, Specht, Beise and Meisel. The following voted against: None. Osmek abstained from voting because he was absent from the August 23rd meeting. Motion carried. 4D. Adopt an Ordinance Amending City Code Chapter 155 as it Relates to the City Council Specht requested that this item be removed from the consent agenda for discussion. Meisel explained that this proposed ordinance would change the regular time for city council meetings to 7:00 p.m., rather than 7:30 p.m. Brown feels that it is easier for citizens to attend if left at 7:30 p.m. Beise and Specht also expressed desire to leave the start time at 7:30 p.m. MOTION by Specht, seconded by Brown to have the start time of regular council meetings remain at 7:30 p.m. All voted in favor. Motion carried. 2 Mound City Council Meeting -September 13, 2005 MOTION by Osmek, seconded by Specht to adopt the following ordinance as amended. All voted in favor. Motion carried. ORDINANCE NO. 16-2005: AN ORDINANCE AMENDING CITY CODE CHAPTER 155 AS IT RELATES TO THE CITY COUNCIL. 5. Comments and suggestions from citizens present on any item not on the agenda. -None were offered. 6. Public Hearings A. Planning Commission Recommendations 1. Case No. 05-06 -Vacation of unimproved Halstead Avenue - 6619 Bartlett Blvd. Sarah Smith reviewed the application from Larry Peterson to vacate unimproved Halstead Lane which is located immediately south of his property located at 6619 Bartlett Blvd. The unimproved ROW abuts PID #22-117-24-43-0029, which is a vacant tax-forfeit parcel that is held by Hennepin County. Smith continued by stating that staff feels that it is premature to vacate this street because of the presence of utilities, and also the impact of the proposed redevelopment of the present manufactured home park that is located on a neighboring parcel, is unknown at this time. Brown expressed that he sees no value for this parcel as a city park because it is not accessible, except by crossing private property. Osmek questioned how the proposed future development of the manufactured home park can be considered when there is no proposal on the table at this time, and they are not an abutting property owner so no portion of the proposed vacation would not affect them. Mayor Meisel opened the public hearing at 7:52 p.m. Larry Peterson, 6619 Bartlett Boulevard, stated he applied for the vacation because if the tax forfeit parcel ever does come up for sale to abutting property owners, he would like to be able to bid on it. By vacating the street, he would acquire the north half of the street, and the south half would go to the tax forfeit property, making him an abutting owner to the tax forfeit parcel. Jerry Mader, 6607 Bartlett, stated that he is a property owner two parcels to the east of Peterson. He agrees that there is no reason not to vacate the street. He has an easement through his property and the same could be carried through the vacated street. -- Tom Casey, 2854 Cambridge Lane, expressed that the standard for this vacation should be the public interest. If the standard is applied to put it on the tax rolls it provides no basis to evaluate if the parcel ought to be in saved and kept for future 3 Mound City Council Minutes -September 13, 2005 decisions, or released now. He feels the discussion should be elevated beyond public interest by being put on the tax rolls, it should be discussed in other ways, also. Mayor Meisel closed the public hearing at 8:03 p.m. MOTION by Osmek, seconded by Brown to approve the vacation of an unimproved portion of Halstead Avenue, as applied for by Larry Peterson. Discussion followed regarding affect on the dock program and value as open space. Beise clarified that not all open space needs to have access to have value. Also, all of the City Departments involved recommended denial, and only the Planning Commission recommended approval. Casey added that there is also value for habitat, open space and the natural features of Mound. If you can't get to it by land it has value as habitat for animals and birds. Another point is the possibility of access to the parcel by boat, which gives value to the citizens of Mound by having a riparian parcel with access to the lake. MOTION by Specht, seconded by Beise to table action on this item until the next regular council meeting, for clarification on if the Peterson's parcel and the tax forfeited parcel to the south, actually touch with the unimproved street being an overplat. The following voted in favor: Specht, Beise and Meisel. The following voted against: Brown and Osmek. Motion carried. 2. Case No. 05-27 -Vacation of unimproved portion of Stratford Road - 4458 Denbigh Road Sarah Smith reviewed the application by Bruce Johnson to vacate a portion of unimproved Stratford Avenue which abuts his property located at 4458 Denbigh Road. This portion of unimproved Stratford Avenue is surrounded on three sides by Johnson's property. Mayor Meisel opened the public hearing at 8:25 p.m. Bruce Johnson, applicant, stated that by granting this vacation, it would remove an encroachment of the house, which was built in 1920. Mayor Meisel closed the hearing at 8:26 p.m. MOTION by Beise, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-127: A RESOLUTION TO APPROVE THE VACATION OF A PORTION OF UNIMPROVED STRATFORD AVENUE ADJACENT TO PROPERTY LOCATED AT 4458 DENBIGH ROAD. PLANNING CASE NO. 05-27. 4 Mound City Council Minutes -September 13, 2005 7. Request by Westonka Historical Society and Lake Minnetonka Chamber of Commerce for waiver of fee(s) for permanent sign at 2323 and 2325 Commerce Boulevard Sarah Smith indicated that a sign permit application was received, which does not require City Council action, but they are requesting waiver of the $100 fee, which does require Council action. MOTION by Beise, seconded by Specht to deny the request for waiver of fee for a sign permit at 2323 and 2325 Commerce Blvd. All voted in favor. Motion carried. 8. Vern Brandenberg of WeCAN with amended plan for Gathering Permit for Tree Lighting Ceremony and Sleep-out Benefit Vern Brandenberg presented a revised sketch of the plan for the Tree Lighting Ceremony and Sleep-out Benefit to be held November 17. At the last meeting the City Council approved reducing the Public Gathering Permit fee from $300 to $200. There is now a request to waive the balance of the fee. MOTION by Beise, seconded by Brown to waive the remaining $200 of the Public Gathering Permit fee. The following voted in favor: Brown, Beise and Osmek. The following voted against: Specht and Meisel. Motion carried. ._,. 9. 2006 Budget A. Action on Resolution Approving the 2006 Preliminary Budget and Levy Gino Businaro presented an overview of the preliminary 2006 budget, followed by discussion stressing that this was preliminary and the Council would hold another budget workshop in an attempt to reduce the 2006 budget. MOTION by Beise, seconded by Specht to adopt the following resolution. The following voted in favor: Beise, Specht and Meisel. The following voted against: Brown and Osmek. Motion carried. RESOLUTION NO. 05-128: RESOLUTION APPROVING THE 2006 PRELIMINARY GENERAL FUND BUDGET IN THE AMOUNT OF $4,792,440; SETTING THE PRELIMINARY LLEVY AT $4,256,205; AND APPROVING THE PRELIMINARY OVERALL BUDGET FOR 2006. B. Action on Resolution Approving a Levy not to Exceed $153,720 for the HRA Brown stated that he doesn't think maxing this levy at $153,720 is the thing to do. Osmek stated that he, also would be voting against this as he did at the HRA. MOTION by Beise, seconded by Specht to adopt the following resolution. The following voted in favor: Beise, Specht and Meisel. The following voted against: Brown and '-' Osmek. Motion carried. 5 Mound City Council Minutes -September 13, 2005 RESOLUTION NO. 05-129: RESOLUTION APPROVING A LEVY NOT TO EXCEED $153,720 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF AND FOR THE CITY OF MOUND FOR THE YEAR 2006. 10. Action on Amendments to the Administrative Code MOTION by Brown, seconded by Osmek to accept the amendments to the Administrative Code as presented. All voted in favor. Motion carried. 11. Action on Appeals for Dock Revocations Jim Fackler reviewed the background for the dock revocation appeals before the Council. He stated that the program application, which goes out in January, clearly states the registration and boat-on-site requirements. They are reminded again in a letter in April when they are issued their site. Those in the Slip Program must register their boat by May 15 and have the registered boat physically moored at the slip on June 15. This year on June 15, 25% of the 88 Slip Site holders did not comply. They were sent a courtesy notice reminding them of the compliance regulations, (notice not required under the Code), giving them 14 days to comply, with final inspection to take place on June 29. All but four Slip Holders responded. The Council is being asked to consider two of the appeals this evening. The Docks and Commons Advisory Commission recommended denial of these two appeals. Norrine Forrest Ms. Forrest appeared before the Council at a previous meeting and also this evening. She apologized for not complying with the Code. Her boat lift was in need of repair and due to bad weather, her boat was not put in until June 30. Brown indicated that he did check the Internet for the weather on June 29, and there were thunder storms occurring on that date. Osmek asked if there were receipts for the lift repair and was told there were not because Ms. Forrest's son performed the repair himself. The delay was due to him waiting for parts. MOTION by Specht, seconded by Brown to allow Ms. Forrest to retain her dock rights. She has attended two Council meetings and a Docks and Commons meeting in good faith, regarding her appeal and the weather circumstances on June 29th were beyond her control. All voted in favor. Motion carried. 6 Mound City Council Minutes -September 13, 2005 Denise Malarky Ms. Malarky was not in attendance at tonight's meeting. Brown indicated that if she was concerned about the appeal she should be here. MOTION by Brown, seconded by Osmek to affirm the decision to revoke Denise Malarky's dock permit. Discussion too place regarding the timeline on correspondence on this issue, plus the lack of evidence that her boat was in for repairs, thus not being put in water. MOTION by Osmek, seconded by Beise to table action on this appeal until the next Council meeting, with directive to Jim Fackler to obtain copies of receipts from the Ms. Malarky to document her boat repair. The following voted in favor: Specht, Beise, Osmek and Meisel. The following voted against: Brown. Motion carried. 11. Discussion and Request for directive regarding shoreland overlay regulations and 1994 approval of City's flexibility request. Sarah Smith stated that due to inconsistency between approved shoreland regulations and DNR approvals granted in 1994, the City needs to implement approved DNR standards or submit a flexibility request per direction from DNR staff to allow minimum zoning lot standards as allowed in the R1A and R2 districts. Discussion followed with directive given to staff to request flexibility to continue. 12. Presentation of Andrews Sisters Walk-of-Fame Concept Tom Rockvam, 2670 Commerce Blvd., presented the history of the Andrews Sisters and their connections to Mound. He is requesting that a portion of the new Lost Lake Trail be named in their honor. Pam Myers, representing the Westonka Historical Society, also appeared to request the Council to help communicate the Andrews Sisters' connection to Mound. MOTION by Brown, seconded by Osmek to name the new trail in the Lost Lake District, the Andrews Sisters' Walk of Fame Trail. Meisel feels that there should be a design and concept plan and writing before making a decision, and also maybe this request should go to the Parks and Open Space Commission for their review before action is taken by the Council. Osmek agreed with this and withdrew his second to the motion. Motion died for lack of a second. MOTION by Brown, seconded by Beise to name the trail in the Lost Lake District, the Andrews Sisters' Walk of Fame Trail, with a plan to be submitted to the Parks Commission and City Council. Osmek suggested announcing that the City is actively pursuing this name and invite input from citizens. The following voted in favor of the motion: Brown and Beise. The following voted against: Specht, Osmek and Meisel. Motion fails. 7 Mound City Council Minutes -September 13, 2005 MOTION by Osmek, seconded by Specht to remand the suggestion for the naming of the trail in Lost Lake, to the Andrews Sisters' Walk of Fame Trail and ask the Historical Society to present a concept plan so that proper procedure can be followed. The following voted in favor: Specht, Beise, Osmek and Meisel. The following voted against: Brown. Motion carried. 14. Miscellaneous/Correspondence A. Questions and Comments from Councilmembers -Meisel reminded members of the meeting on September 30, with Peter Bell from the Met Council, also that a budget workshop has been set for October 18, 2005, at 7:00 p.m. B. Correspondence: Westonka Healthy Community Collaborative C. Reports: Liquor Store -August 2005 Finance Department -August 2005 15. Adiourn MOTION by Brown, seconded by Osmek to adjourn the meeting at 10:44 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk ~- Mayor Pat Meisel 8