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2007-03-27MOUND CITY COUNCIL MINUTES MARCH 27, 2007 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Thursday, March 27, 2007, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Mark Hanus; Councilmembers David Osmek, Mike Specht, John Beise and Greg Skinner. Others Present: City Attorney John Dean, Acting City Manager Gino Businaro, Community Development Director Sarah Smith, Parks and Docks Superintendent Jim Fackler, Sr. Accountant Catherine Pausche, Amanda Schwarze, Greg Chrislieb, Mike & Barb Wilkes, Rich Hirstein, Mary Hill Smith, Bruce & Patti Dodds, Connie Meyer, Cheryl Martin, Mayo Rude, Ross Bingham. Consent Agenda: All items listed under the Consent Agenda are considered to be routine in nature by the 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 Hanus called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve agenda Businaro requested the removal of Item 5B from the consent agenda. Specht requested the removal of Item 5A 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. Presentation by Metropolitan Council Sector Representative Marv Hill Smith of $200,000 Interagency Grant for the Transit District Project Mary Hill Smith made a presentation to the City of a check in the amount of $200,000, representing an interagency grant for the transit district project. 5. Consent agenda MOTION by Osmek, seconded by Specht to approve the consent agenda as amended. All voted in favor. Motion carried. A. (removed) B. (removed) Mound City Council Minutes -March 27, 2007 C. Approve Payment Request No. 7 from Magney Construction in the amount of $9,645.35 for the Well #3 Pumphouse project D. Approve Payment Request No. 1 from EBI Drilling, Inc. in the amount of $84,803.65 for the Harrison Bay Watermain Crossing Project E. RESOLUTION NO. 07-33: RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT FOR 4687 ISLAND VIEW DRIVE F. Approve appointment of Pat Meisel to the Parks, Open Space and Docks Advisory Commission G. RESOLUTION NO. 07-34: RESOLUTION APPROVING A VARIANCE FOR THE PROPERTY LOCATED AT 5120 EDGEWATER DRIVE. P&Z CASE #07-03. PID #13-117-24-42-0001 5A. Approve minutes Specht had a correction in wording under Item 9A(3). MOTION by Osmek, seconded by Specht to approve the minutes of the March 6, 2007 special meeting, the March 8, 2007 joint meeting with the POSDAC, and the March 13, 2007 regular meeting. All voted in favor. Motion carried. 56. Approve payment of claims John Dean explained that one item in the claims to be approved is for a city vehicle that will be used by Greg Skinner in his role as Public Works Superintendent, and it has been suggested that he not participate in the discussion or vote on that item. MOTION by Osmek, seconded by Specht to approve payment of the claims in the amount of $391,151.48. Upon roll call vote, the following voted in favor: Osmek, Specht, Beise and Hanus. The following voted against: None. Skinner abstained from voting. Motion carried. 6. Comments and suggestions from any citizens present on any item not on the agenda. None were offered. 7. Public hearings A. PC Case 07-08 -CUP Amendment for fence standards for Mound True Value garden center - 2205 Commerce Blvd. Sarah Smith informed the Council that the CUP amendment request is to use a commercial grade aluminum fencing product in lieu of the approved wrought iron, and reduce the setback to one (1) foot. The reduction in setback request to one (1) foot has been withdrawn by applicant. Council discussion followed regarding the quality and durability of the fencing material, as well as the 2-3 foot setback for the fence that is stated in the original CUP. 2 Mound City Council Minutes -March 27, 2007 Hanus questioned if 2 feet is enough room for snow removal and sidewalk maintenance, and Smith stated it is adequate but not optimal. City staff has reviewed this and stated that 3 feet is best, 1 is not enough, but 2 is manageable. Hanus also expressed concern over signage, and the applicant stated that there would be no signage on the fence or the building, except for a sign on the building that would identify who they are. Smith stated that the signage will be minimized and tasteful and if staff is not comfortable with it, it will be brought to the Council. Hanus also has an issue with the parking situation. He was part of the vote when the crosswalk was removed as well as moving the parking down to the corner of CSAH 15 and Commerce. Now the parking will be pushed behind another commercial operation and for all practical purposes, out of sight from the businesses that it's servicing on the west side of Commerce. Also he has an issue with how last year, the Council and Planning Commission allowed a building where the roof hangs over the property line and sheds snow and water on the paver sidewalk that the public walks on. Smith indicated that this is County right-of-way and Hennepin County has reviewed it and doesn't have an issue with this. She also stated that this will be further scrutinized when the actual building plans come in. Hanus continued by stating that he would not support a CUP with the plan drawn that way. John Dean asked what issue is before the Council tonight, and Smith indicated it is the alternate use to wrought iron. Osmek reminded the Council that Bruce Chamberlain's position is that anything other than wrought iron will not be acceptable. Mayor Hanus opened the public hearing at 8:12 p.m. and upon hearing no further comment, closed the public hearing at 8:13 p.m. MOTION by Specht, seconded by Skinner to approve the CUP amendment as requested and adopt the resolution presented. Hanus offered two friendly amendments; (1) that no signage be permitted without Council approval and that no signage be permitted on the fence; and (2) that the applicant sign a document holding the city harmless for normal snow clearance and maintenance if the fence is inadvertently damaged during normal Public Works operations. (The applicant stated that there will be no signage put on the fence.) The amendment was not accepted by Skinner. MOTION by Osmek, seconded by Hanus to make a formal amendment to the above motion to require the applicant to sign a hold harmless agreement for normal standard Public Works activities that take place in and around that area. 3 Mound City Council Minutes -March 27, 2007 Bruce Dodds stated that he will not sign such a hold harmless agreement. The following voted in favor of the amendment: Osmek and Hanus. The following voted against: Specht, Beise and Skinner. Motion fails. Vote on the original motion by Specht and seconded by Skinner, being to approve the CUP amendment as requested, adding the restriction that no signage will be allowed on the fence, and adopt the resolution as amended. The following voted in favor: Specht, Beise and Skinner. The following voted against: Osmek and Hanus. Motion carried. RESOLUTION NO. 07-35: RESOLUTION APPROVING CONDITIONAL USE PERMIT AMENDMENT FROM RAY MAR PROPERTIES, INC. REGARDING FENCE MATERIALS ASSOCIATED WITH THE OUTDOOR SEASONAL GARDEN CENTER AND RELATED SITE IMPROVEMENTS TO BE CONSTRUCTED ON THE "CORNER LOT" LOCATED NORTH OF MOUND TRUE VALUE HARDWARE, 2250 COMMERCE BOULEVARD, IN THE TRANSIT DISTRICT LOCATED IN DOWNTOWN MOUND. PC CASE #07-08. B. Amendment to Zoning Ordinance -regulations to allow drive-thru service in Pedestrian District by conditional use and establishing performance standards Smith reviewed the request by the City to amend Subsection 350.651, Subd. 3, to add drive-thru services for Class I, II, and III restaurants in the Pedestrian District by conditional use. Currently Class I, II, and III restaurants (excluding drive-thru) are permitted uses. Mayor Hanus opened the public hearing at 8:40 p.m., and upon hearing no comment closed the hearing at 8:41 p.m. MOTION by Osmek, seconded by Specht to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 05-2007: AN ORDINANCE AMENDING SUBSECTION 350.651, SUBD.3 OF THE MOUND CITY CODE AS IT RELATES TO THE ZONING ORDINANCE 8. Excelsior Commons Dock Saacing Fackler explained that there is a dock spacing issue on Excelsior Commons involving two parties, Greg Christlieb and Dick & Connie Meyer. The Parks, Open Space and Docks Advisory Commission reviewed the issue, being that Christlieb intends to install a boat canopy and moor their boat on the left side of their dock, which was a change from previous years. Residents Dick & Connie Meyer's dock is to the left of the Christlieb's dock and they had concerns about this change restricting access to their dock site. Both parties addressed the Council. 4 Mound City Council Minutes -March 27, 2007 The POSDAC could not arrive at a solution that was satisfactory to the parties involved, thus three options are being presented to the Council for their consideration. Option One presented states: If one of the non-abutting dock sites, 8975/Bingham or 8945/Fatness, become available the site would be removed from the Dock Location Map. This will allow additional space to be distributed between new established sites 9022/Meyer/Abutter, 8944/Vacant Lot/Abutter, and 8951/Non-Abutter. Dock site 9065/Christlieb would remain a shoreline measured 30 lineal feet and improve water side access. MOTION by Specht, seconded by Osmek to go with Option One as stated above, adding that when one of the non-abutting sites on the northeast corner are not renewed, Option One will be established and all sites will be adjusted accordingly. This gives Christliebs the ability to put up their canopy with their dock in its current position. Until Option One is implemented, the Meyers may leave their dock in its current position or move it within their use zone. Meyers realize if they keep their dock in its current position their right side will not be usable. All voted in favor. Motion carried. 8A. Contract for Recyclina Services Businaro stated that Veolia Environmental Services decided not to accept the form of agreement as previously approved by the Council. Veolia is requesting the addition of language stating that the rates shall be increased annually on the anniversary date of the contract to reflect 100% of the points change in the CPI (Consumer Price Index), and also added a provision for a fuel surcharge. The Council previously approved a contract contingent that the terms of said contract would remain fixed over the life of the five-year contract. Hanus asked legal counsel what the Council can act on tonight, and if Allied Waste, who is present, makes a proposal, can the Council act on it? John Dean assumed that because the city did requests for proposals, the competitive bidding process wasn't required in this type of contract. There is an exception for refuse hauling contracts which means that you can use the competitive bidding process, but can use other mechanisms as well. The RFP says you need to have at least two quotes, so if there are two quotes in front of the Council tonight, they are in a position where they can act on that. Given that, Hanus asked to hear from Allied Waste. Richard Hirstein of Allied Waste asked the Council to reconsider their decision to award the contract to Veolia. Businaro distributed a quote received early in the day from Alllied, being: (1) two-sort, $2.99 per home/month; (2) single-sort, $3.99 per home/month. They do business right now in Mound, collecting garbage. 5 Mound City Council Minutes -March 27, 2007 Osmek asked if the two-sort for $2.99 was weekly and if the present containers can be used and Hirstein stated yes, but another option is to have the materials put in the same tubs, without sorting, for $2.99/month with weekly pick-up. It was brought to the Council's attention that if the City wants to continue using the same bins they currently use, more would have to be purchased at $5.00 each. He continued to say that $3.99 is every other week service, with a covered cart ($1.00 charge for the cart) They would do single sort for the five years. Skinner stated that you get what you pay for, and he prefers to go with the proven company and likes the single sort with bin, collecting twice/month. Beise liked the single sort, covered bin with collection every other week. Hirstein stated that a 60-gallon container would be given to everyone and if they don't have space for it, it can be replaced with a 30-gallon one, but everyone would use their existing containers for the first few weeks until new ones can be distributed. If the City chooses to go with the single sort with carts, he will order them Monday morning and have in 3-4 weeks. They'll mail out information brochures and have info on their website as well. $3.99 is the monthly charge for pick-up every other week with the cart provided by them. Mayo Rude of Veolia stated he wanted to clarify a few things; (1) they are proposing to do exactly the same thing. They have the equipment, the drivers, and are fully invested into making this happen, (2) They provided a lower price than Allied because they are just entering the market and that's why the CPI language is included. Veolia is also offering revenue sharing which would equal about $3000/year. Allied doesn't have to include that because their price is more in the first place. The fuel surcharge is if fuel is $3.00/gallon or higher. Hanus asked him what base starting costs they are offering for single stream and Rude answered $2.80 flat after the first year. After the first year you'll see an a CPI increase and a fuel surcharge if the fuel price reaches $3.00/gallon or more. Catherine Pausche presented the Council with a spreadsheet showing the current contract, along with Veolia and Allied's proposed costs. Osmek stated he likes the weekly service, particularly in the summer time. Residents are used to weekly service, and he prefers the single sort using our existing containers. Hanus asked if he wanted to increase the fee to residents to fund it, and Osmek stated that the monthly fee to residents on the water bills should be charged to reflect the increase. 1 6 Mound City Council Minutes -March 27, 2007 MOTION by Osmek, seconded by Skinner to rescind the action of January 23, 2007 selecting Veolia Environmental Services to perform recycling in the City based on inability to negotiate understood terms, and authorize the City Manager to enter into a contract with Allied Waste Services for single sort weekly service at $2.99/month using existing containers, with contract term length of 57 months, and with Allied providing a contact form by the end of the week. Skinner removed his second to the above motion, stating that he still prefers every other week collection with large bins. He would go with every week, but prefers the larger containers. Above motion died for lack of a second. Hirstein stated that they will put into the contract that it can be changed to single sort with the big bin at any time. John Dean stated that if the process is changed the Council would have to take action on that in the future. MOTION by Specht, seconded by Beise to accept the changes to the contract submitted on January 23, 2007 by Veolia Environmental Services and authorize the City Manager to enter into a contract with them. Specht stated that he's made this motion because of the revenue sharing and better bottom line with Veolia. The following voted in favor: Specht and Beise. The following voted against: Osmek, Hanus and Skinner. Motion fails. MOTION by Osmek, seconded by Skinner to contract with Allied Waste Services for the weekly, single sort at $2.99/month for 57 months, with the option to go to a larger collection bin in the future, to authorize the City Manager to enter into a contract with Allied by the end of the week, and to rescind the action of January 23, 2007 with Veolia because of issues raised during contract negotiations. The following voted in favor: Osmek, Hanus, Beise and Skinner. The following voted against: Specht. Motion carried. 9. Miscellaneous/Corresondence A. Comments/reports from Councilmembers: None were offered B. Reports: POSDAC minutes - 2/8/07 and 3/8/07 Transit Center Preliminary Timeline PBIVstaff meeting agenda -March 12, 2007 C. Correspondence: None 7 7 1 1 Mound City Council Minutes -March 27, 2007 10. Adiourn MOTION by Osmek, seconded by Specht to adjourn at 10:55 p.m. Alt voted in favor. Motion carried. ;~ j .. /Attest: Bonnie Ritter, City Clerk 7~ ~--- Mayor Mark Hanus 8