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2010-04-13 CC Meeting MinutesMOUND CITY COUNCIL MINUTES APRIL 13, 2010 The City Council for the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 13, 2010, at 7:30 p.m. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, Heidi Gesch, and Greg Skinner. Others present: City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, City Planner Rita Trapp, Public Works Director Carlton Moore, Rick Jostrom, Robert Howell, Jim Jasper, Steve Hewitt, Sue & Mark Jensen, Petra Schwartle, Dan Nepp, Jack Kimball, Kurt Ostrowski, Grace Hewitt, Gretchen Hewitt 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. Open meeting Mayor Hanus called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve agenda MOTION by Osmek, seconded by Salazar to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda Hanus requested the removal of Items D,E, and G. Skinner requested the removal of Items B and K. MOTION by Osmek, seconded by Salazar to approve the consent agenda as amended. All voted in favor. Motion carried. A. Approve minutes of March 23, 2010 B. (removed) C. RESOLUTION NO. 10 -17: RESOLUTION OF MSA STREET REVOCATION D. (removed) E. (removed) F. RESOLUTION NO. 10 -18: RESOLUTION APPROVING A PREMISES PERMIT RENEWAL APPLICATION FOR THE AMERICAN LEGION POST 398 G. (removed) H. Approve final payment to Walker Parking Consultants in the amount of $80,270.00 for Transit Center and Deck I. RESOLUTION NO. 10 -19: RESOLUTION OF SPONSORSHIP AS RELATED TO THE SOUTHWEST TRAILS SNOWMOBILE ASSOCIATION J. Approve appointment of Robert Brose to the Parks and Open Space Commission as recommended K. (removed) Mound City Council Meeting —April 13, 2010 413. Approve payment of claims Skinner asked that this be removed from the consent agenda because of a payment he has in this batch of claims. MOTION by Osmek, seconded by Gesch to approve payment of claims in the amount of $518,215.15. Upon roll call vote, the following voted in favor: Osmek, Salazar, Hanus and Gesch. The following voted against: None. Skinner abstained. 4D. 2010 Seal Coat and Crack Sealing Project Hanus stated the information in the packet says that the funds are available for this project, and asked where the funds are coming from. Moore stated that there is state aid money and money from the seal coat fund. MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -20: RESOLUTION AUTHORIZING THE 2010 SEAL COAT AND CRACK SEALING PROJECT AND DIRECT STAFF TO RECEIVE QUOTES FOR THE PROJECT 4E. Approve Resolution Ordering Preparation of report on Lift Station Replacement Program for 2010 Hanus asked if we have an estimate on cost available and Moore stated that it depends on how many lift stations are done. If we do four, the project will probably be about $1 million. Hanus asked if bonding is the source of funding and Moore stated that it could be paid for by bonding, with support from the utility fund. Salazar asked what the cost of the report would be and Moore answered that it would be $5,000 - $7,000, and the information contained would still apply a year from now if the Council decides not to go ahead with the project. MOTION by Osmek, seconded by Gesch to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -21: RESOLUTION ORDERING PREPARATION OF REPORT ON LIFT STATION REPLACEMENT PROGRAM FOR 2010 4G. Approve expenditure to install dock bumpers on Villa docks Jim Fackler brought forward a recommendation from the Docks and Commons Commission to install dock bumpers on the Villa docks at a cost of $2,996.00, and to be reimbursed for this cost by spreading this amount among the Villa dock holders in 2011. MOTION by Osmek, seconded by Gesch to accept the bid of $2,996.00 for docks bumpers for the Villa docks. All voted in favor. Motion carried. Osmek stated that the Villa dock holders are already paying a hefty fee for use of those docks and that payment for the bumpers should come from the docks fund, not assessed to the owners. We wouldn't charge people on multiples for something like this, and if needed these bumpers should have been part of the initial construction. Mound City Council Meeting —April 13, 2010 MOTION by Osmek, seconded by Gesch to have the $2,996.00 for the dock bumpers come from the docks fund balance. The following voted in favor: Osmek, Hanus, Gesch and Skinner. The following voted against: Salazar. Motion carried. 5. Comments and suanestions from citizens present on any item not on the agenda. None were offered. 6. Swearing in of Robert Brose to the Parks and Open Space Commission Kandis Hanson swore Robert Brose in as a new member of the Parks and Open Space Commission. 7. Planning Commission Recommendations A. Review of request to consider release /sale of city -owned parcels at 3010/3026 Brighton Boulevard Sarah Smith explained that the Planning Commission and city staff recommend to the Council that the subject parcels not be considered for possible release /sale until such time as the future reconstruction of Brighton Boulevards is completed. The request to release these parcels is coming from Rich Jostrom, owner of the property at 3018 Brighton, and Smith stated that other abutting property owners may also have an interest in these parcels. Osmek stated that he agrees that it is possible that the corner lot at 3010 may be needed for future construction, but not 3026. Discussion followed regarding the possible reconfiguration of Brighton in that area and the affect it would have on these lots. Skinner feels that it is premature to release these lots because it is not known what will be needed for improvement of this MSA street. Rich Jostrom stated that he still has an interest in the corner lot, but his main goal is to obtain the 3026 lot, which he has been maintaining for the last 22 years. MOTION by Osmek, seconded by Gesch to direct staff to begin release procedures for the lot at 3026 Brighton Blvd, and consideration will only be given to release this lot to adjacent property owners and they must attach the parcel to their existing parcel. Jim Jasper, 3018 Churchill, stated he abuts the rear of the lot and is concerned over it becoming a storage lot because Jostrom already stores things there. Hanus stated that there are restrictions on exterior storage that will have to be adhered to. Upon vote taken on the above motion, the following voted in favor: Osmek, Salazar and Gesch. The following voted against: Hanus and Skinner. Motion carried. Smith will come back to the Council with a punch list of steps needed to proceed with the release /sale of 3026 Brighton Blvd. B. Discussion /Action on PC Case No 10 -01: Variances for reconstruction of single - family house at 4309 Wilshire Blvd. Applicant: Tea2 Architects - Owners: Mark Jensen /Susan Pennington Rita Trapp reviewed the request for two setback variances to allow for the removal and replacement of the existing home at 4309 Wilshire Blvd. One variance request is to allow the Mound City Council Meeting —April 13, 2010 home to continue to be within the 50 foot setback of Lake Minnetonka's ordinary high water level of 929.4 feet. The second variance is to allow the eaves to encroach into the front and side setback areas. The Planning Commission and staff recommend approval of the OHWL variance and denial for the eave variance. The applicant is requesting an additional 1.5 feet on the south side and 2 feet on the west. The concern of the Planning Commission is stormwater management. MOTION by Osmek, seconded by Salazar directing staff to draft a resolution of approval to allow the home to continue to be within the 50 foot setback of Lake Minnetonka's ordinary high water mark of 929.4 feet. All voted in favor. Motion carried. MOTION by Skinner to direct staff to prepare a resolution denying the variance request for the eaves. This motion died for lack of a second. Dan Nepp and Petra Schwartle, architects for the project, addressed the Council with the argument that denial will result in them having to redesign as it will affect the staircase, as well as a bedroom and bathroom on the second floor. Hanus stated that there are things that can be done with design to bring the eaves into compliance. Discussion continued on design options for the roof and eaves that would comply with city code, and Osmek made a point of order that the Council is not to get into the design of the project, but if there is a practical hardship that warrants a variance. MOTION by Osmek, seconded by Salazar directing staff to draft a resolution of denial to allow eaves to encroach into the front (west) and side (south) setback areas. All voted in favor. Motion carried. 8. Dick Osaood of Lake Minnetonka Asso ciation with Phelps Bay milfoil treatment progress report and fundina request Dick Osgood presented a progress report on the milfoil treatment, stating that the program was initiated in 2008 and is about to provide the third annual treatment for Eurasian watermilfoil control, curlyleaf pondweed control and native plant protection to Phelps Bay. The report included a budget review from 2008 to 2010. Hanus wants to assure that Mound is not subsidizing other cities. An email he received shows that Mound has 30% of the shoreline, Minnetrista has 30% and Shorewood has 40 %, yet Mound's dollar contribution is more than the other two combined. Osgood stated that one difference is that Mound is all public ownership and the other cities include private ownership as well. Hanus requested an accounting by city that shows amount of shoreline compared to money donated. It was noted that the City of Mound has budgeted $10,000 for treatment in 2010, and the Lake Minnetonka Association is requesting $6,000 to $8,000 for 2011. This will be discussed during the 2011 budget cycle. No action taken at this time. 1 Mound City Council Meeting —April 13, 2010 9. Discussion /action reaardina proposed MCWD Rule F revision and authorizing formal comment from the City of Mound Sarah Smith stated that the MCWD released a revised set of proposed new Rule F (shoreline and streamline stabilization) and Rule D (wetland protection) dated March 15, 2010 at a meeting held on March 17, 2010 which are currently out for public comment until April 12, 2010. Staff has submitted a written request to the MCWD requesting that comments from the City of Mound will be allowed to be submitted by April 30, 2010 so as to provide adequate time for staff research and Council discussion related to the proposed new rules. Also included in the council information was a strike -out version of the proposed rule revisions as recommended by the City of Mound. It was the consensus of the Council that Smith is proceeding in the right direction and to continue, and it was noted that the public comment period is still open if residents of Mound wish to express their opinions. The public hearing will be held sometime in June. 10. Set special workshop to discuss the future of the CBD Parking Prouram MOTION by Osmek, seconded by Salazar to set a special workshop on Tuesday, April 26, 2010 at 6:30 p.m. to discuss the future of the CBD Parking Program. All voted in favor. Motion carried. 11. Approve minutes MOTION by Osmek, seconded by Salazar to approve the minutes of March 16, 2010 as amended. All voted in favor. Motion carried. MOTION by Osmek, seconded by Salazar to approve the minutes of March 17, 2010. The following voted in favor: Osmek, Salazar, Hanus and Gesch. The following voted against: none. Skinner abstained from voting because he was not at that meeting. Motion carried. 12. Miscellaneous /Information A. Comments /reports from Councilmembers /City Manager B. Reports: Finance Dept. — March 2010 Harbor Wine & Spirits — March 2010 — Osmek commented that there is a $13,591 increase in sales over the same period in 2009. C. Informational: FY 2011 Federal Appropriation Forms submitted to Sen. Franken 3/5/10 Western Area Fire Training Academy D. Correspondence: Letter from Sojourn Suites LLC providing notification of intent to operate at 5724 Lynwood Blvd. 13. Adjourn MOTION by Osmek, seconded by Salazar to adjourn at 10:05 p.m. All voted in favor. Motion carried. 4 Z6 "!� Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk