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2010-06-08 CC Meeting MinutesMOUND CITY COUNCIL MINUTES JUNE 8, 2010 The City Council for the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 8, 2010, at 7:00 p.m. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, and Heidi Gesch Members absent: Councilmember Greg Skinner Others present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director Carlton Moore, Police Chief Jim Kurtz, Finance Director Catherine Pausche, Detective Dan Niccum, Sergeant Mike Sussman, members of Police Explorer Post, City Engineer Mark Perry, Amanda Schwarze, Ken Perbix, Dawn Abrahamson, Lexi Abrahamson, Dorothy Hansen, Ann & emma Bolte, Paul & Pat Meisel, Chris Carlton, Troy Tasche, Karen & Matt Petersen, Janice Hurd, Cheryl Williams, Lisa Whalen, 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 7:00 p.m. 2. Pledae of Alleaiance 3. Approve agenda Kandis Hanson requested the addition of Item 4H, Temporary sign permit for Farmers Market and More. Osmek requested the addition of Item 9 (renumbering 9 & 10), Discussion on 4807 Longford Road and possible staff directive. MOTION by Osmek, seconded by Salazar to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda Salazar requested the removal of Item 4E for discussion. MOTION by Osmek, seconded by Gesch to approve the consent agenda as amended. All voted in favor. Motion carried. A. Approve minutes of May 25, 2010 meeting B. Approve claims in the amount of $222,139.18 C. RESOLUTION NO. 10 -39: RESOLUTION APPOINTING ABSENTEE BALLOT BOARD D. Approve rip -rap quote for 4857 & 4853 Island View Drive in amount of $11,050.00 E. (removed) F. Approve Pay Request No. 8 from GMH Asphalt Corporation in the amount of $27,798.40 for the 2009 Street, Utility and Lift Station Improvement Project, PW- 09 -01, 09 -02, 09 -04, 09 -06. G. RESOLUTION NO. 10-40: RESOLUTION AMENDING RESOLUTION APPROVING SPECIFIC SIGN PROGRAM FOR COMPREHENSIVE SIGNAGE FOR AUDITORS ROAD H. Approve amendment to temporary sign permit for 2010 Mound Farmers' Market & More Mound City Council — June 8, 2010 4E. Approve Liquor License Renewals Salazar questioned the number of police calls to Dailey's Pub and Carbone's and Chief Kurtz stated that this number is pretty consistent with an establishment of this type and doesn't feel the number of calls is excessive. He stated that if the calls increase, the establishment owner will be notified. MOTION by Gesch, seconded by Salazar to approve the following liquor licenses. All voted in favor. Motion carried: On -sale liquor - Al & Alma's Supper Club Corp., and The Dailey Group, Inc. (dba Dailey's Pub and Carbone's Pizzeria Sunday on -sale liquor - Al & Alma's Supper Club Corp., The Dailey Group, Inc., American Legion Post 398 Club On -Sale Liquor — American Legion Post 398 Off -sale 3.2 Malt Beverages — PDQ Food Stores, Inc., Speedway SuperAmerica 5. Comments and suggestions from citizens present on any item not on the agenda. Chris Carlson, 5551 Spruce Road, asked the Council to consider getting garbage haulers to use smaller trucks so that they won't tear up the city's new streets. He stated that Deephaven had the same problem and got their haulers to use smaller trucks. Hanus stated that they will think about how to handle this and thanked him for his comment. 6. Action on Resolution Recognizina Mound Police Explorer Post for State Championship Police Chief Jim Kurtz stated that the Mound Police Explorer Post recently won three state awards in only their second year as a Post. They placed first in Crime Prevention and White Collar Crime Investigation, and fifth in Crime Scene Search. Members of the Explorers are Amanda Abrahamson, Charlie Bennett, Michelle Loma, Joey Luder, Ryan Stumpf, Ben Wenande and Brandon Wenande. MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10-41: RESOLUTION RECOGNIZING AND CONGRATULATING THE MOUND POLICE EXPLORER POST FOR THEIR STATE CHAMPIONSHIP PERFORMANCE AT THE 2010 POLICE EXPLORER CONFERENCE Mayor Hanus presented the Post with copies of the resolution and congratulated them for their accomplishments. He also recognized their advisors Detectives Dan Niccum and Jami Wittke, Sergeant Mike Sussman, and Officers Ryan Spencer and Paul Hooper. 7. Discussion /action on staff recommendation for 2010 Central Business District (CBD) Parking Program Smith reviewed the recommended changes to the CBD Parking Program. Mound City Council — June 8, 2010 Peter Johnson, owner of 2301 Commerce Blvd., stated he is trying to understand why he should participate because the program hasn't worked to his benefit in the past, and questioned why the city wants to be involved in this. He feels that businesses should be responsible for rectifying their own parking issues. MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10-42: RESOLUTION APPROVING CENTRAL BUSINESS DISTRICT PARKING PROGRAM FOR 2010 John Dean asked if by adopting the resolution, Council wants staff to proceed with preparing the agreements, securing signatures and reporting back on the progress. Council indicated that is the intent. 8. Public Hearinas A. Planning Commission Recommendation — consider ordinance amending Section 129 of the Mound Code as it relates to the Zoning Ordinance (official map) Sarah Smith stated that the purpose of this hearing is to review a proposed zoning amendment to change the zoning of the Bethel United Methodist Church parcel (portion), located at 2116 Commerce Blvd, from B -1 Commercial to R -3 Residential. The Planning Commission voted five to one in favor of the proposed rezoning. She stated that in 2002/2003 there were zoning changes enacted for consistency with the 2002 Comprehensive Plan, that rezoned this parcel to B -1 from R -1A. The church has requested the zoning be changed back to residential. She noted that changing the zoning to R -3 would be acceptable with the 2030 comp plan just completed. Salazar stated that he was opposed at the Planning Commission level and still is. The parcel faces Commerce and just to the south is a shopping center. The Free Church across the street is also B -1, as is Our Lady of the Lake Church. To him the parcel is commercial. Osmek stated that he doesn't consider the church a business, it has no continuous traffic, parking turnover, and doesn't act like a commercial business. It is on the edge of residentially zoned property and it acts like the House of God, so it's residential. Mayor Hanus opened the public hearing at 8:04 p.m. Karen Peterson, 5507 Spruce, asked that if the property is rezoned residential, will they not have to pay the property taxes on the new street. John Dean stated that they will still be assessed, but as residential, not commercial. Chris Carlson, 5551 Spruce, stated that he cringes when he hears multi- housing and if rezoned would like to see it go to R1. John Dean stated that if rezoned to R3, no residential new development could be made until the comp plan was amended and then all of the density issues would be addressed at that time. Mound City Council — June 8, 2010 Lisa Whalen, representing Bethel Church, stated they don't plan on changing the use of the property. They are not a commercial operation, don't have continual traffic flow or make money. She feels from a planning perspective it makes sense that this parcel be zoned residential. Upon no further public comment, Mayor Hanus closed the public hearing at 8:15 p.m. MOTION by Osmek, seconded by Gesch to pass the following ordinance. The following voted in favor: Osmek, Hanus and Gesch. The following voted against: Salazar. Motion carried. ORDINANCE NO. 03 -2010: AN ORDINANCE AMENDING SECTION 129 OF THE MOUND CITY CODE (ZONING ORDINANCE) AS IT RELATES TO THE OFFICIAL ZONING MAP TO REZONE THE PROPERTY LOCATED AT 2116 COMMERCE BOULEVARD FROM B -1 CENTRAL BUSINESS DISTRICT TO R -3 MULTIPLE FAMILY RESIDENTIAL DISTRICT B 2009 Storm Water Pollution Program (SWPPP) Annual report Mark Perry of Bolton & Menk stated that the SWPPP requires the submittal of an annual report to the MPCA as well as the sponsoring of an annual meeting to allow for public comment on the SWPPP. Public notice was given for tonight's meeting and the SWPPP was made available for public viewing. He reported on stormwater permitting regulations, formalizing site plan and departmental review process, continuing education for employees, continuing education of the public, continued public agency relationships, a high level of public awareness and increased . employee awareness of stormwater issues. Mayor Hanus asked for public comment and received none. No action required. 9. Property located at 4807 Longford Road Osmek stated that in 2003 the home at 4807 Longford Road was destroyed by fire and subsequently in 2006 deemed hazardous and torn down. In 2007 a special assessment was certified to the property for abatement of the hazard and this, plus real estate taxes, haven't been paid since 2006. Also, the property hasn't been maintained since the abatement, and it's being used for unlicensed boat storage. He has been informed of a Minnesota Statute 281.173 that allows the redemption period for a city to go from 5 years to 5 weeks if certain conditions exist. He wants all of the city's money back from the abatement plus all legal fees. John Dean stated that he saw this for the first time this morning and hasn't had a chance to research. Osmek gave directive for staff to research the law as it applies in this case and report back at the next meeting. 10. Information /Miscellaneous A. Comments /reports from Councilmembers /City Manager - Kandis Hanson reported that Three Rivers has agreed to afford $45,000 towards installation of restrooms and water in the restored pumphouse for trail users. Osmek suggested more signage on the trail entry points to direct users to downtown businesses. Hanson stated that Three Rivers is working on standard signage. B. Reports: Three Rivers Park District meeting agenda Public Works Dept. Take -Home Vehicles Engineering Project Status Minnehaha Creek Shoreline & Wetland Rule Summary Mound City Council — June 8, 2010 C. Minutes: Planning Commission: May 2, 2010 Docks & Commons Commission: May 20, 2010 D. Correspondence: Mound Transit Center receives award for Outstanding Planning and Urban Design 11. Adjourn MOTION by Osmek, seconded by Gesch to adjourn at 8:45 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus 1 1 1