2010-08-24 CC Meeting MinutesMOUND CITY COUNCIL MINUTES
AUGUST 24, 2010
The City Council for the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, August 24, 2010, at 7:00 p.m.
Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, and Heidi
Gesch
Others present: City Manager Kandis Hanson, City Clerk Bonnie Ritter, Public Works
Superintendent Jim Fackler, Public Works Director Carlton Moore, Public Works Supervisor Ray
Hanson, Community Development Director Carlton Moore, Finance Director Catherine
Pausche, Police Chief Jim Kurtz, Fire Chief Greg Pederson, City Engineer Dan Faulkner, Becky
Glister, Geoff Michael, Rita Trapp, Pete Willenbring, Vince Forystek, Kelli Gillispie, Amanda
Schwarze, Grant Johnson, Mike Paulsen,
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 Allegiance
3. Approve aaenda
The addition of Item 41, Temporary on -sale liquor license by the Lions Club was requested to
the consent agenda.
MOTION by Osmek, seconded by Salazar, to approve the agenda as amended. All voted in
favor. Motion carried.
4. Consent agenda
MOTION by Osmek, seconded by Salazar to approve the consent agenda. Upon roll call vote,
all voted in favor. Motion carried.
A. Approve minutes: August 11, 2010 regular meeting
B. Approve payment of claims in the amount of $353,496.10.
C. Approve amendment to street lighting contract with WSB & Associates
D. 2009 Street, Utility and Retaining Wall Improvement Project
(1) RESOLUTION NO. 10 -57: RESOLUTION DECLARING COST TO BE
ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ON
2009 STREET, UTILITY AND RETAINING WALL IMPROVEMENT PROJECT
(2) RESOLUTION NO. 10 -58: RESOLUTION FOR HEARING ON PROPOSED
ASSESSMENT FOR 2009 STREET, UTILITY AND RETAINING WALL
IMPROVEMENT PROJECT
E. 2009 Island View Drive /Dorchester Road Street Improvement,
Utilities and Retaining Wall Improvement Project
Mound City Council - August 24, 2010
(1) RESOLUTION NO. 10 -59: RESOLUTION DECLARING COST TO BE
ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ON
2009 ISLAND VIEW DRIVE /DORCHESTER ROAD STREET IMPROVEMENT,
UTILITIES AND RETAINING WALL IMPROVEMENT PROJECT
(2) RESOLUTION NO. 10 -60: RESOLUTION FOR HEARING ON PROPOSED
ASSESSMENT FOR 2009 ISLAND VIEW DRIVE /DORCHESTER ROAD STREET
IMPROVEMENT, UTILITIES AND RETAINING WALL IMPROVEMENT PROJECT
F. RESOLUTION NO. 10 -61: RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT
FOR 1601 PARADISE LANE
G. RESOLUTION NO. 10 -62: RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT
FOR 2146 CARDINAL LANE
H. RESOLUTION NO. 10 -63: RESOLUTION APPROVING THE DECLARATION OF
RESTRICTIONS AND COVENANTS FOR THE SITE - SPECIFIC WETLAND
REPLACEMENT
I. Approve Temporary On -sale Liquor License for Northwest Tonka Lions for 9/13/10 event
at the Gillespie Center.
5. Comments and suggestions from citizens present on any item not on the agenda.
None were offered.
6. Pete Willenbring Engineer from WSB with Minnehaha Creek Watershed District
Update
Pete Willenbring presented an overview of the MCWD wetland protection, erosion control,
floodplain alteration, and shoreline & streambank stabilization rules amendments that were
approved and will be implemented beginning on September 1, 2010. He briefly reviewed what
effects these rule changes will have on the City. Hanus commented that a lot of headway was
made from what was initially proposed.
Councilmember Gesch arrived at this point in the meeting (7:40 p.m.)
7. 2011 Street, Utility and Retaining Wall Improvement Project
Dan Faulkner of Bolton & Menk presented the feasibility report for the proposed 2011 Street,
Utility and Retaining Wall Improvement Project. He noted that Staff is recommending that the
Improvement Hearing be held on October 12, 2010 at 7:00 p.m.
MOTION by Osmek, seconded by Gesch to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 10 -64: RESOLUTION RECEIVING FEASIBILITY REPORT AND
CALLING FOR HEARING ON THE 2011 STREET, UTILITY AND RETAINING WALL
IMPROVEMENT PROJECT
8. Action on HRA Levy Resolution
MOTION by Osmek, seconded by Gesch to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 10 -65: RESOLUTION APPROVING A LEVY NOT TO EXCEED $244,407
FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE
Mound City Council - August 24, 2010
PROVISIONS OF MSA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN
AND FOR THE CITY OF MOUND FOR THE YEAR 2011.
9. Action on Resolution Approving 2011 Preliminary General fund Budoet and Levv
Kandis Hanson reviewed the budget process and Pausche gave a brief overview of the
proposed 2011 budget.
MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 10 -66: RESOLUTION APPROVING THE 2011 PRELIMINARY GENERAL
FUND BUDGET IN THE AMOUNT OF $5,220,379; SETTING THE PRELIMINARY LEVY AT
$5,407,473; AND APPROVING THE PRELIMINARY OVERALL BUDGET FOR 2011
10. Joint meeting with Planning Commission with City Attorney John Dean presenting
the Krummenacher vs. Minnetonka Supreme Court decision and its impact to cities as it
relates to variances
City Attorney John Dean explained the recent Krummenacher vs. Minnetonka decision by the
MN Supreme Court to members of the City Council and Planning Commission. This case
clarified the statutory variance standard and considerably limits a City's ability to grant a
variance as it requires the applicant to demonstrate that the property cannot be put to any
reasonable use unless a variance is granted. By this decision, cities have essentially lost the
ability to permit the expansion of nonconformities through the granting of variances. While the
City is limited in its ability to grant variances, it was noted that MN State Statutes do enable
cities to regulate the expansion of non - conformities by means other than variance.
Details of the Krummenacher case were provided by HKGi Planner Rita Trapp who also
provided a summary of a new ordinance recently adopted by the City of Minnetonka to regulate
expansions. Several examples of what constitutes an expansion were presented and
discussed. Historically, "going up" or "filling in" activities been deemed to be an expansion which
were previously regulated by variance. Staff was given direction to prepare an ordinance
amendment(s) to address the regulation of nonconformities to be brought back to the Planning
Commission and City Council for formal review and consideration.
11. Information /Miscellaneous
A. Comments /reports from Councilmembers /City Manager
B. Reports: Finance — July 2010
C. Minutes: None
D. Correspondence: None
12. Adjourn
Meeting was adjourned at 9:26 p.m.
Attest: Bonnie Ritter, City Clerk
JF
Mayor Mark Hanus
C'