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2009-06-09MOUND CITY COUNCIL MINUTES JUNE 9, 2009 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 9, 2009 at 7:30 p.m. in the council chambers of city hall. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Heidi Gesch and Greg Skinner. Members absent: Councilmember Ray Salazar Others present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Finance Director Catherine Pausche, City Engineers Dan Faulkner and Mark Perry, Parks Superintendent Jim Fackler, Fire Chief Greg Pederson, City Engineering Tech Ray Hanson, Steve McDonald, Amy Lyon, Amanda Schwarze, Rhonda Eurich, Chris Valerius, Rita Pederson, Carole Chivatero, Gordon Chivatero, Daniel Dyer, Ellen Gomoll, Susan Thill, Joe Novak, John & Michelle Olson, Ruth Peterson, Suzanne Doldee, Bruce McKeenan, Patrick Brickley, Dianne Brickley, Marilyn Stillings, Michele Olson Gjerstad, Richard Gjerstad. Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event it will be removed from the Consent Agenda and considered in normal sequence. 1. Call meeting to order Mayor Hanus called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve agenda MOTION by Gesch, seconded by Osmek to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by Osmek, seconded by Gesch to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $235,759.97. B. Approve applications for liquor license renewals, contingent upon receipt of all application forms, fees and certificates of insurance; 1. On -Sale: Al & Alma's Supper Club Corp. The Dailey Group, Inc. (dba Carbone's Pizzeria & Dailey's Pub) 2. 3.2 Off -sale malt: PDQ Stores Speedway SuperAmerica 3. Club License: American Legion Post 398 4. Sunday On -Sale: American Legion Post 398 Al & Alma's Supper Club Corp The Dailey Group, Inc. C. Approve Pay Request No. 2 from Widmer Construction, LLC, in the amount of $76,228.68, for work on the 2008 Drainage Improvement Project Mound City Council Minutes — June 9, 2009 D. RESOLUTION NO. 09 -44: RESOLUTION APPROVING JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT E. Approve public lands permit applications for the following: 1. 1744 Avocet Lane — Bruce McKeenan 2. 4913 Island View Drive — Jay Humphreys 3. 4917 Island View Drive — Bradley J. Skapyak/Matt Skapyak 4. 4743 Island View Drive — Dan Dyer 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Discussion /action on Mound Central Business District (CBD) Parking Program Catherine Pausche reviewed the history of the CBD program and results of the research done. Hanson stated that staff recommends discussing the option of "opting out" of the program with some property owners, analyzing existing parking counts and code requirements, preparing and executing formal leases and /or agreements with involved property owners, designated parking areas should not be used for exterior sales and display, and discussion on assessing the full cost of portion thereof. Hanson stated that she feels that if the property owners could work together the City program wouldn't be needed and she would like to have another run at getting businesses involved. Skinner suggested putting more research into this before a decision is made. MOTION by Osmek, seconded by Skinner to table this item and refer back to staff for further research and recommendation. All voted in favor. Motion carried. 7. 2009 Storm Drain Improvements Dan Faulkner presented the feasibility report on the proposed 2009 storm drainage improvement project in two areas: Commerce Blvd. Treatment Pond, north of Balsam and south of Sherwood; and Overland Lane Rain Garden, east of the Noble /Overland intersection. He stated that the estimated cost for this project is $59,306 and would be funded from the utility fund and not assessed to property owners. Rhonda Urich, 5585 Sherwood, expressed concern with the large trees that will have to be removed, and the maintenance of the stormwater pond. She said what's there now is a slew hole and maintenance is done by a neighbor. Faulker informed her that it usually 10 -20 years before it will need to be cleaned, and the Watershed requires it to be functioning so it will be inspected. Osmek stated that the City is responsible for maintaining a City pond, and wants the engineer to work with the neighbors to assure that additional screening is placed appropriately. Ellen Gomoll, 5508 Breezy Road, requested that if any trees can be spared, to do so. There were enough trees lost when the Indian Knoll Manor parking lot was redone. She also expressed concern over maintenance of the pond. Mound City Council Minutes — June 9, 2009 MOTION by Osmek, seconded by Skinner to adopt the following resolution with the addition of stipulation that adequate screening features be put in place. All voted in favor. Motion carried. RESOLUTION NO. 09-45: RESOLUTION RECEIVING FEASIBILITY REPORT AND ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2009 STORM DRAINAGE IMPROVEMENTS 8. Mound Storm Water Pollution Prevention Plan (SWPP) 2008 Annual Meeting Mark Perry of Bolton & Menk, reviewed the City of Mound's SWPP and explained that this plan outlines how the City will manage storm water to improve overall water quality and that the City is in compliance with the General permit for storm water discharge. Mayor Hanus opened the annual meeting and upon hearing no public comment, closed the meeting. No Council action is required. 9. Approve extension of Agreement for Professional Services with Bolton & Menk, Inc. Mayor Hanus stated that with the additional information provided, he is satisfied and wants to move forward with this agreement. MOTION by Osmek, seconded by Skinner to approve the Agreement for Professional Services for Consulting City Engineer Services with Bolton & Menk, Inc. of Chaska, MN. All voted in favor. Motion carried. 10. Steve McDonald of Abdo, Eick & Meyers, LLP, presenting the 2008 Comprehensive Annual Financial Report and Management Letter Steve McDonald reviewed the management letter and his firm's findings. MOTION by Osmek, seconded by Gesch to acknowledge receipt of the 2008 Comprehensive Annual Financial Report and Management Letter. All voted in favor. Motion carried. 11. Certificate of Achievement for Excellence in Financial Reporting Kan dis Hanson presented Catherine Pausche with the Certificate of Appreciation for Excellence in Financial Reporting for the Comprehensive Annual Financial Report for Fiscal year Ended December 31, 2007. 12. Approve Amendment to Ordinance No. 08 -2003, Implementing an Electric Franchise Fee on Northern States Power d /b /a/ Xcel Energy Catherine Pausche reviewed the impact that the Xcel Energy franchise fee has on the City's budget. Hanus stated that each year he tries to make the continuation of this fee as painful as possible because he doesn't want to extend it. He asked why Pauche's proposing to sunset in 2011 and not 2010. Pausche stated that it's because of the levy limits imposed through 2011. Osmek stated he agreed painfully at the extension to end of 2009, but would rather look at it again next year instead of 2011. Gesch stated she would like to get rid of it completely, but agree that end of 2010 is better than 2011. Mound City Council Minutes — June 9, 2009 MOTION by Osmek, seconded by Gesch to adopt the following ordinance, stating the sunset on December 31, 2010. All voted in favor. Motion carried. ORDINANCE NO. 03 -2009: AN ORDINANCE AMENDING ORDINANCE NO. 08 -2003 IMPLEMENTING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER D /B /A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITH THE CITY OF MOUND 13. Dock Permit request for 4539 Island View Drive Jim Fackler explained that the Docks and Commons Commission discussed a request from Rick Sundberg to install a dock on Devon Commons on a vacant lot he owns at 4539 Island View Drive. The Commission recommended denial of the request based on cit ordinance stating that applicants must be a resident of the City of Mound to apply for a dock. Staff also recommends denial of the request. Ruck Sundberg, applicant, stated he lives in Maple Plain and there is no way he could live on his lot in Mound because there is no house there. He stated he pays $6800 in taxes per year on that lot. He is requesting to put a dock there for one summer. He has a financial stake in Mound and will be building a home soon. MOTION by Skinner, seconded by Osmek to deny the request to place a dock at 4539 Island View Drive based on ordinance regulations. All voted in favor. Motion carried. 14. Renaissance Fireworks appeal to sell consumer fireworks in the Mound MarketPlace parking lot The council received a letter stating that the representative of Renaissance Fireworks could not attend the meeting but requested that they consider reversing the denial for him to sell consumer fireworks from a tent in the MarketPlace parking lot. It was noted that this application was denied last year, and the applicant reapplied, and received a license for the free standing building at 2125 Commerce Blvd. MOTION by Osmek, seconded by Skinner to deny this application to sell consumer fireworks from the parking lot at Mound MarketPlace based on it not meeting with our current zoning regulations. All voted in favor. Motion carried. Kandis Hanson will also contact PBK Investments (landlord), informing them that if they sign lease agreements like this, they are in jeopardy of losing their conditional use permit. 15. Consideration /action on citizen petition fo removal of Waterside Lane Kandis Hanson reviewed the history of this item, stating that a written petition was not received from citizens wanting Waterside Lane removed, but it is being treated as a verbal petition. John Dean stated that since at least 1957, this street is a dedicated roadway by statutory dedication. Fire Chief Pederson explained that in 2007 the MN State Fire Code was adopted, and Waterside Lane is an existing condition. By closing it, then the new code applies, which Mound City Council Minutes — June 9, 2009 means that Breezy, Spruce and Tonkawood would all then have to be brought up to standards by putting one of three optional turn - arounds at the end of the street. Hanus asked for public comment. Rita Pederson, 1847 Shorewood, stated that eliminating Waterside Lane would reduce pollution and traffic and reduce hardcover by 34 %. Chris Valerius, 5488 Tonkawood, stated that the lady doing a petition in opposition to them was telling lies about what they want, and told people they'd all lose their docks and get charged for trespassing if they were on the commons, etc. Osmek stated that closing Waterside would be taking a good traffic flow and making it dysfunctional. Valerius also commented on the excess speed and Osmek stated that removing a road isn't the answer to a speed problem. Valerius suggested installing stop signs. Hanus asked the audience for a show of hands, and four people raised their hands in support of the removal of Waterside Lane, and 15 raised their hands against. Ron Rheinhart, 5448 Spruce, stated that his wife is the one that supposedly was threatening people with a petition. She didn't tell anyone they'd lose their docks. He stated there's not a lot of speeding in the area and stops signs aren't necessary. He stated that Waterside is used as an artery street by residents and school buses. He disagrees with the proposal to have it removed. Prudy Rheinhart, 5448 Spruce, asked if the Council can give one good reason to close the road and Osmek stated that the people asking to have the road removed think thre are benefits to its removal, but the council's job is to weigh the impact on the neighborhood and to remove Waterside Lane just doesn't work. Tony Strong, 5432 Breezy, stated he's in awe that this is even being considered. Waterside is their main way out due to Breezy being impassable in the winter. Rita Pederson asked if they could have the Commons name corrected and Hanus stated that staff will research the history. MOTION by Osmek, seconded by Gesch to respectfully deny the petition to remove Waterside Lane, and to keep it in the 2009 Street Project as planned. All voted in favor. Motion carried. 16. Approve minutes MOTION by Osmek, seconded by Gesch to approve the minutes of the May 19, 2009 joint Council /Planning Commission meeting. All voted in favor. Motion carried. MOTION by Osmek, seconded by Gesch to approve the minutes of the May 26, 2009 regular meeting. The following voted in favor: Osmek, Hanus and Gesch. The following Mound City Council Minutes — June 9, 2009 voted against: None. Skinner abstained from voting because he was absent from that meeting. Motion carried. 17. Miscellaneous /Correspondence A. Comments /reports from Councilmembers B. Reports: Engineering Projects status — June 2, 2009 Fire Commission Agenda — May 20, 2009 Harbor Wine & Spirits — May 2009 C. Minutes: Planning Commission — May 19, 2009 Docks & Commons Commission - May 21, 2009 18. Adiourn MOTION by Osmek, seconded by Skinner to adjourn at 10:14 p.m. All voted in favor. Motion carried. 9 Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus 1