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2010-11-23 CC Meeting MinutesMOUND CITY COUNCIL MINUTES NOVEMBER 23, 2010 The City Council for the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 23, 2010, at 7:00 p.m. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, and Heidi Gesch Others present: City Attorney John Dean, City Manager Kandis Hanson, Community Development Director Sarah Smith, Connor Peterson, Patrick Regan, Tom Venema 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 7:11 p.m. 2. Pledge of Allegiance 3. Approve agenda MOTION by Salazar, seconded by Gesch to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda Salazar requested the removal of Item 4G for discussion. MOTION by Hanus, seconded by Salazar to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of the November 9, 2010 regular meeting B. Approve payment of claims in the amount of $648,225.44. C. Approve Pay Request #2 from Wilkus Architects, Inc. in the amount of $27,972.75 for the Pump House Remodeling Project D. Approve Pay Request No. 10 and Final from GMH Asphalt Corp in the amount of $120,764.47 for the 2009 Street, Utility and Lift Station Improvement Projects (PW 09 -01, 09 -02, 09 -04, and 09 -06) E. RESOLUTION NO. 10 -81: RESOLUTION AUTHORIZING APPLICATION TO THE METROPOLITAN COUNCIL FOR A GRANT FROM THE MUNICIPAL INFILTRATION /INFLOW GRANT PROGRAM FOR THE CITY OF MOUND'S 2011 SEWER LINING PROJECT F. RESOLUTION NO. 10 -82: RESOLUTION REQUESTING VARIANCES FROM MINIMUM STATE AID STANDARDS, MINNESOTA DEPARTMENT OF TRANSPORTATION, OFFICE OF STATE AID FOR LOCAL TRANSPORTATION, FOR THE RECONSTRUCTION OF STATE AID ROUTE 145 - 112 -010, 020, 030; RIDGEWOOD ROAD, IDLEWOOD ROAD, HIGHLAND BOULEVARD G. (removed) H. Approve appointment of Kelli Gillispie to the Planning Commission as a citizen member, with term to expire December 31, 2011. Mound City Council Minutes — November 23, 2010 I. Approve temporary sign permit (after the fact) for 2010 annual Mound Tree Lighting Event November 19, 2010 J. RESOLUTION NO. 10 -83: RESOLUTION ADOPTING MOUND HOUSING ACTION PLAN K. RESOULTION NO. 10 -84: RESOLUTION APPROVING AMENDMENT 1 TO RECYCLING GRANT AGREEMENT 4G. Approve Resolution in Support of New State Legislation Providing for Changes in Distribution in Fine Revenue for Aquatic Invasive Species (AIS) Citations Salazar questioned who will be enforcing the state laws and paying for enforcement for the invasive species. Osmek informed him that the LMCD and DNR enforce it and also the Minnetonka Power Squadron volunteers in this effort. MOTION by Salazar, seconded by Gesch to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -86: A RESOLUTION IN SUPPORT OF NEW STATE LEGISLATION PROVIDING FOR CHANGES IN DISTRIBUTION OF FINE REVENUE FOR AQUATIC INVASIVE SPECIES (AIS) CITATIONS 5. Public Hearings A Proposed Amendment to Chapter 129 (Zoning Ordinance) as it relates to recreational vehicles and exterior storage Sarah Smith reviewed the proposed amendments related to exterior storage which include revising the definition of "recreational vehicle" to indicate that a recreational vehicle stored on a trailer shall count as one (1) unit and also reducing the maximum number of allowed storage units from seven to five. Also proposed is the removal of section 129.314(b)(5) related to approval of a conditional use permit for problematic exterior storage conditions. Both of these proposed amendments were approved by the Planning Commission. Osmek questioned if consideration was given to changing the 1,500 square feet number, or a variance if it were on hardcover. Osmek feels that it should read 2,000 sq. ft. Smith suggested that this be carried over to the next meeting to check and see if the Planning Commission did consider this and see what effect this would have on a 6,000 or 10,000 sq. ft. lot. Mayor Hanus opened the public hearing and upon receiving no comment closed the public hearing. Discussion followed regarding issues needing clarification, including the square footage issue, the terms exterior storage, transient storage, setbacks of driveways, primary autos being recreational, and accessory storage use on lots. MOTION by Osmek, seconded by Salazar to table this item for staff to address the numerous issues that were discussed for clarification, and bring back to the Council for consideration. All voted in favor. Motion carried. 1 Mound City Council Minutes — November 23, 2010 B. Proposed Amendment to Chapter 129 (Zoning Ordinance) as it Relates to Definitions — "Lot line, front" Sarah Smith stated that the definition of front lot line has been called into question because in recent cases the application of the code resulted in a designation that did not seem practical given the existing building configuration on the lot. The proposed amendment as recommended would designate the Community Development Director to designate the front lot line for a corner lot if needed. The definition would still first look at designating the lot line with the shortest width on a public street as the front, however, the addition of a provision would allow the Community Development Director to vary that designation to another street if appropriate. This proposed amendment is supported by the Planning Commission. Mayor Hanus opened the public hearing and upon receiving no comment, closed the public hearing. MOTION by Osmek, seconded by Gesch to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 10 -2010: AN ORDINANCE AMENDING CHAPTER 129 OF THE MOUND CITY CODE (ZONING ORDINANCE) AS IT RELATES TO DEFINITIONS 6. Tom Venema, Engineer with American Engineering Testing, Inc. discussing water infiltration at Harbor Wine & Spirits. and next steps Kandis Hanson gave background information on the infiltration of water into the basement of the liquor store. Tom Venema reviewed the areas of immediate concern and what needs to be done to solve the water infiltration problem. John Dean asked what dollar amounts are being looked at for the ground water issue and Venema gave a $10- 20,000 range, with a weeks' work and four or five floor drains and pumps being used. Hanus suggested that an ad -hoc committee be set up to monitor this situation, and that he, Dave Osmek, Kandis Hanson, the architect, and engineer serve on this committee. The committee will report back to the Council on progress of the project. 7. Harold Pellett of the Gillespie Center Mr. Pellett was not present so no action on this item. 8. Presentation by Mound Westonka Entrepreneurship Class — DECA Project on Financial Literacy Connor Peterson and Patrick Regan reviewed their DECA Financial Literacy project and what activities they have been involved with in the community. Mayor Hanus read a resolution declaring December as Financial Awareness Month in the City of Mound MOTION by Osmek, seconded by Gesch to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -85: RESOLUTION DECLARING DECEMBER AS FINANCIAL AWARENESS MONTH IN THE CITY OF MOUND 1 1 Mound City Council Minutes — November 23, 2010 9. Comments and suggestions from citizens present on any item not on the a g enda. None were offered. 10. Information /Miscellaneous A. Comments /reports from Councilmembers /City Manager B. Reports: Financial report —October 2010 C. Minutes: None D. Correspondence: Press release on cities pursuing grant to study area fire services 11. Adjourn MOTION by Osmek, seconded by Salazar to adjourn at 8:23 p.m. All voted in favor. Motion carried. X� Ix X��WT_) Attest: Bonnie Ritter, City Clerk �V Z ��_ Mayor Mark Hanus