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2014-04-22 CC Meeting MinutesMOUND CITY COUNCIL MINUTES April 22, 2014 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 22, 2014, at 7:00 p.m. in the council chambers of the Centennial Building. Members present: Mayor Mark Hanus; Council members Mark Wegscheid, Heidi Gesch, Kelli Gillispie and Ray Salazar Members absent: None Others present: City Manager Kandis Hanson, Fin Dir /Clerk/Treasurer Catherine Pausche, Community Development Director Sarah Smith, Public Works Director Carlton Moore, Public Works Superintendent Ray Hanson, Community Service Officer Mike Wocken, Dan Faulkner, Rita Trapp, Jay Green, Eric Everson, Katie Wojak, Linda Cordie, Robert Brown, Thomas Stokes, Cathy Bailey, Sandy Korlath, Michael Michalk, Brian Simmons, Patricia Ewer, Phil Velsor, Mary Moon, Carolyn Brooks, Karen Buckholtz, Terry Blount, Peter Meyer 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 Aileaiance 3. Approve agenda The Mayor noted some page revisions on the agenda that were requested by Staff. Hanson requested the addition of item 4H on the Consent Agenda. MOTION by Salazar, seconded Wegscheid, to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda MOTION by Salazar, seconded by Gillispie, to approve the consent agenda as amended. Upon roll call vote all voted in favor. Motion carried. A. Approve payment of claims in the amount of $416,726.22 B. Approve minutes of the: April 8, 2014 regular meeting. April 15, 2014 special meeting workshop C. Approve permits for Our Lady of the Lake Catholic Church — The Blast for Saturday, May 17, 2014 with fees paid. 1. Public Dance /Live Music Permit 2. Banner /Sign Permit Mound City Council Minutes —April 22, 2014 D. Approve permits for 2014 Mound Fire Relief Association Annual Fish Fry for June 7, 2014 with fees waived. 1. Banner /Sign Permit 2. Public Dance /Live Music Permit 3. 1 — 4 day Temporary On -Sale Liquor License E. Approve Public Gathering Permit for Minnetonka Classic Bass Club Fishing Contest at Surfside Beach and Park for Saturday, May 31, 2014, with fee and damage deposit paid. F. Parks & Open Space Commission recommendation on new playscape location. G. Set special meeting workshop for the purpose of receiving a concept plan for an assisted living facility by Trident Development on Tuesday, May 20, 2014 at 7:00 p.m. H. (added) Approve Agreement between the cities of Spring Park and Mound regarding the provision of nuisance enforcement services. 5. Comments and suggestions from citizens present on any item not on the agenda. Bob Brown, 5450 Three Points Boulevard and President of Seahorse Condominium Association, presented two bottles of brown water. He summarized a conversation with City Staff on Friday, April 18, 2014. Brown complained about the lack of notification and that residents have incurred damages to clothing and have had to purchase drinking water. The Mayor said this has become a bigger issue and wider spread than what was expected so he will allow the discussion to go over the three (3) minutes. Carlton Moore stated the two water towers on Evergreen and Chateau are being cleaned and that it has to be done either in the spring or fall. Iron and manganese have built up and have to be flushed to clean it out. Flushing a water tower changes the flow and disturbs the water. Moore stated the water is safe. Moore stated the water tower was shut down when the extent of the problem became apparent, but that it may happen again when the Evergreen tower is shut down. The Mayor asked if the minerals settle in the system again or will it flush out. Moore stated it settles and flushes out through the residences. Brown asked why would you do this over Easter weekend and Moore apologized for not considering that fact. Brown asked why the signs were not posted. Brown asked for a reduction in fees. Mayor Hanus said that the majority of residents were inconvenienced and there are not surplus funds so a rebate would just result in higher rates for all. The Mayor requested that Staff provide notification for future maintenance. Eric Evenson, Administrator of Minnehaha Creek Watershed District, presented the 2013 Year in Review Report that was included in the information section of the packet. Evenson highlighted partnerships that are in place with universities and local and state agencies to do research and conservation projects. Projects included the stabilization of Big Island shoreline and the restoration of the Minnehaha Creek in parts of St. Louis Park and Hopkins. Evenson also acknowledged the contributions Jay Green has made through his role as the LMCD representative for Mound. Evenson discussed efforts to change the regulations /rules that will impact how cities are able to work with property owners on variances and exceptions. Evenson stated the MCWD is looking at partnerships in order to help communities meet their water resource needs and goals and to Mound City Council Minutes — April 22, 2014 determine how they integrate with economic development and parks and open spaces conservation. Carolyn Brooks, Wheels for Meals/WeCAN fundraising event coordinator, announced the event will take place on Saturday, May 17th from 10 am to 1 pm. Brooks stated participants will bike to St. Boni and back and that there will be drawings and a raffle. Brooks said the registration fee is $6, which is the price of one meal, and there is information on how to pledge on -line and at the library/schools. 6. Mayor Hanus requesting action on a resolution proclaiming "WeCAB Week in Mound" as May 4 -10, 2014. Hanson acknowledged the members of WeCAB in the audience. Hanson stated WeCAB was formed to fill the transportation gap and has been very successful. Mayor Hanus read the resolution in its entirety. Mike Michalk, Pastor of Mount Olive Lutheran Church and President of WeCAB, spoke to thank the City Council, and particularly Kandis Hanson, for their /her efforts. MOTION by Hanus, seconded by Salazar, to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 14 -25: RESOLUTION PROCLAIMING WECAB WEEK IN MOUND MAY 4-10,2014 7. Mayor Hanus requesting action on a resolution authorizing a feasibility study for a Lake Minnetonka Scenic By -way concept. Hanson stated this would be one of 23 by -ways in Minnesota and that scenic by -ways promote economic development and tourism. Hanson stated communities are being asked to adopt the resolution in support of the concept. Hanus said the City is approaching this cautiously, and that there appears to be minimal or no cost and that there are no proposals to change the roads. Gesch asked if there is any cost to the City to do this study. Hanson stated there was no request for funding. Gesch asked if this would be operated at the local, state, or federal level. Hanus stated one of the primary concerns was if there would be any requirements to change the road and it appears there is not. Gesch asked if there would be any restrictions on private property owners. Hanus said it is his understanding that the State designates it as by -way and that the cities can choose to sign and /or market it. Gesch asked if research has been done on eminent domain or other impacts on property owners. Hanson stated she expressed those concerns at the meeting and stated that it can't impact the City's broader goals. Hanus said there are many cities that are hesitant but this is just trying to decide if there is enough interest to even study it. Salazar stated he has concerns about traffic and public safety impacts. Hanson stated the City will need to decide on the subject matter that will be emphasized in Mound and she feels the Historical Society will play a role. Gesch asked about the packet materials and Hanson stated that was just an example of a federal level effort. Gillispie questioned the resolution language, specifically the second paragraph where it was not clear what the City's financial obligation would be. Hanus stated he believes the cities will have a lot of discretion as to what extent they want to participate. Gillispie stated she is okay with the concept at this point but does not want to be obligated to spend any money. Mound City Council Minutes — April 22, 2014 Salazar asked if this could go through without our approval and Hanson stated it may be designated but not marked. Hanson stated there are many examples in the state that can be researched to determine the pros and cons. Hanson suggested anyone is free to call the Chamber of Commerce in existing scenic by -way locations in order to hear the pros and cons for themselves. Hanus said it is not saying `yes' to the concept, just the investigation, and that he had expressed that to Wayzata Mayor Ken Wilcox. Gesch asked if the cities received the same resolution and is concerned about some of the wording. Hanus said that the "Now Therefore..." is the most important part of the resolution and he read the language to confirm it is just approving a study and nothing else. MOTION by Hanus, seconded by Wegscheid, to adopt the following resolution. Discussion ensued. Gillispie asked if language should be added to address any cost implications. Salazar asked if traffic impacts would be studied. Hanus said it could be sent back if it was not. All voted in favor. Motion carried. RESOLUTION NO. 14 -26: RESOLUTION AUTHORIZING A FEASIBILITY STUDY FOR A LAKE MINNETONKA SCENIC BY -WAY CONCEPT 8. Dan Faulkner, Consulting Engineer with Bolton & Menk, requesting discussion /action on the following: Faulkner reviewed the report that was included in the packet. Faulkner stated one bid was received and was over 30% of the estimated cost so Staff is recommending denial. Staff brainstormed to determine the reasons for the high bid and low number of responses. Possible reasons include a changing bid climate with the improvement in the economy, the prevailing wage requirements due to MSA funding, the construction and access challenges of Three Points Boulevard, and the required timeframe. Staff is therefore proposing a two year construction timeline dividing the project between the east and west areas of Three Points. Faulkner stated the single entry off of Commerce Boulevard is the challenge. Faulkner recommended bidding the first part in June for construction to begin after July 4th and to conclude in the fall. Faulkner recommended reducing the area for MSA funding and to bid the utility work separate. Falkner summarized the breakdown of projects and timing presented in the packet. Faulkner stated the Commerce Boulevard force main was removed from the proposal to simplify the package. Hanus asked what the prevailing wage requirement is. Faulkner said it is essentially union wages and smaller contractors don't usually pay those wages. Hanus asked if MSA road standards are meant to handle more traffic or heavier vehicles and Faulkner said both. Faulkner said buses and garbage trucks are the heavier vehicles that use these streets. Hanus asked the impact on MSA funds and whether or not the City would lose funds. Faulkner said there are many items that qualify for state aid and the City would maximize the state aid funding on that portion of the project. The City will pay for the extra depth and width in other areas, but that it will still be built to those standards. Wegscheid asked if Bartlett Boulevard is a MSA street and Faulkner said that it is a County road but that the City owns the utility infrastructure. Gillispie asked why the Commerce Boulevard force main was removed and why was it included in the first place. Faulkner said it was taken out because of the different approach but that it may be added back in depending on the bid results. Wegscheid asked if breaking up the project was designed to attract smaller contractors or more contractors and Faulkner said both. Wegscheid asked what about the Mound City Council Minutes —April 22, 2014 duplication /overlap with separate projects and wouldn't that cut into savings. Faulkner stated the expectation was that the savings would outweigh the duplication /overlap. Hanson said there are other public safety benefits to splitting it up and that the original specifications required the contractor to keep one lane open at all times which drove up costs Hanus clarified Bartlett Boulevard will be a trenchless repair. Gesch asked about data on water main breaks on Bartlett Boulevard and requested that information on the timing and number of breaks be provided before the bid is brought forward for approval. Wegscheid asked what the costs are to redo the plans and specs and Faulkner said there will be some cost but that the vast majority of information is already there. A. Resolution rejecting the bid for the 2014 Street, Utility, and Retaining Wall Improvement Project — Three Points Boulevard MOTION by Salazar, seconded by Wegscheid, to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 14 -27: RESOLUTION REJECTING BID FOR 2014 STREET, UTILITY, AND RETAINING WALL IMPROVEMENT PROJECT —THREE POINTS BOULEVARD B. Resolution ordering preparation of bid documents, and ordering advertisement for bids for the 2104 Street, Utility, and Retaining Wall Improvement Project — East Three Points Boulevard MOTION by Salazar, seconded by Wegscheid, to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 14 -28: RESOLUTION ORDERING PREPARATION OF BID DOCUMENTS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2014 STREET, UTILITY, AND RETAINING WALL IMPROVEMENT PROJET — EAST THREE POINTS BOULEVARD C. Resolution ordering preparation of bid documents and ordering advertisement for bids for the Bartlett Boulevard Watermain Improvement Project, Lost Lake Bridge to Wilshire Boulevard MOTION by Salazar, seconded by Wegscheid, to adopt the following resolution. Gesch asked if it would be bid differently since it is trenchless and Moore stated it would. All voted in favor. Motion carried. RESOLUTION NO. 14 -29: RESOLUTION ORDERING PREPARATION OF BID DOCUMENTS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE BARTLETT BOULEVARD WATERMAIN IMPROVEMENT PROJECT — LOST LAKE BRIDGE TO WILSHIRE BOULEVARD D. Resolution ordering preparation of bid documents and ordering advertisement for bids for the 2014 Street, Utility, and Retaining Wall Improvement Project — West Three Points Boulevard — Utility Improvements Mound City Council Minutes —April 22, 2014 MOTION by Salazar, seconded by Wegscheid, to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 14 -30: RESOLUTION ORDERING PREPARATION OF BID DOCUMENTS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2014 STREET, UTILITY, AND RETAINING WALL IMPROVEMENT PROJECT — WEST THREE POINTS BOULEVARD — UTILITY IMPROVEMENTS E. Resolution ordering preparation of bid documents and ordering advertisement for bids for the 2104 Street, Utility, and Retaining Wall Improvement Project — West Three Points Boulevard — Street and Retaining Wall Improvements MOTION by Salazar, seconded by Wegscheid, to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 14 -31: RESOLUTION ORDERING PREPARATION OF BID DOCUMENTS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2014 STREET, UTILITY, AND RETAINING WALL IMPROVEMENT PROJECT — WEST THREE POINTS BOULEVARD — STREET AND RETAINING WALL IMPROVEMENTS Smith stated at the April 8`h Council meeting, Staff was directed to prepare a resolution denying the appeal. Smith stated additional information was received from the applicant for consideration by the Council. Ms. Sisk asked that if the denial is approved, she requested additional time to remove the alpacas. Staff recommends a six month timeframe to avoid having to bring it back to the Council. Smith said that language could be added to the draft resolution to address the timeframe for removal. Hanus noted that on page 824 of the packet, the outcome of the vote was stated backward and the 'three' needs to be `two' and `two' needs to be 'three.' Hanus stated he has concerns about the applicant's request being tied to the sale of the home and that it should be based on a reasonable time to find a home for the animals. Discussion ensued about whether the additional language should be included in the draft resolution or a separate resolution. Hanus said he felt it was better supported and enforceable as one resolution. Gillispie asked what if you oppose one motion but support the other. Hanus said that it is part of the role of the Council to have to decide one way or the other even if they don't agree with everything. Smith said she discussed it with the City Attorney who stated that additional language could be added and Smith feels it is in the City's interest to complete this tonight. Hanus polled the Council and the majority of members felt six months was reasonable. Hanus suggested the following additions under the "Now, Therefore, Be It Resolved" section: 5. The applicant must find a new home for the alpacas within six (6) months from the date of the adoption of this resolution. Mound City Council Minutes —April 22, 2014 6. Following the expiration of the six month period, the City retains full ability to enforce the code. MOTION by Salazar, seconded by Hanus, to adopt the following resolution as amended. The following voted in favor: Salazar, Hanus, and Gesch. The following voted against: Wegscheid. The following abstained: Gillispie. Motion carried. RESOLUTION NO. 14 -32: RESOLUTION DENYING BOARD OF APPEALS ZONING ADJUSTMENT AND APPEAL REQUEST FROM ALLISON SISK REGARDING THE KEEPING OF ALPACAS AT 6221 WESTEDGE BOULEVARD 10. Smith said that at the February 25`n Council meeting, the Council directed Staff to prepare language that prohibits bee keeping and to do research to determine what cities allow chickens and to determine if those cities have encountered any issues as a result. Smith summarized the research and said that some cities require a class to educate potential chicken owners. In addition, Staff did analysis using GIS and determined that even if setbacks were applied, some properties in Mound are big enough to accommodate the keeping of chickens. Smith added that hardcover limits could then be an issue. Trapp described the research and said Staff identified a typical lot, average size house, and setbacks that are common in Mound to see if chicken coops can even be accommodated. Trapp summarized a sample of the GIS analysis that was performed. Trapp stated she did feel language could be developed to create enforceable standards and asked if the Council wanted to consider drafting language. Hanus asked if there was anyone in the audience who wanted to speak on the subject. Tom Stokes and his son Harrison, 4744 Hampton Road, said they have had chickens for years but that he does not recommend allowing roosters. He said fresh eggs have more nutritional benefits and he believes 8 -10 square feet per chicken is recommended. His coop has floor space under 50 square feet but it is multi -level and very automated. His son sells the eggs to neighbors and there is plenty of demand. He does not know of any complaints. Hanus asked what happens when they age and don't lay as many eggs. Stokes said they can lay eggs for up to five (5) years. Stokes said there are different breeds of chickens that are better for urban agriculture. Stokes said it has been a very positive experience and a good learning opportunity for his kids. Stokes invited anyone who would like to do a site visit to his home. Hanus said he did research to try to find any opposing opinions. Hanus stated NBC news reported the number of chickens is exploding and that they get abandoned. A rescue in Minneapolis said they hoped that the fad had peaked. Minneapolis had 1500 permitted chickens with 500 in a rescue. Cities were warned to budget for enforcement and rescue. Hanus stated there is a 50/50 chance a chick will be a rooster so there are frequent enforcement issues if roosters are banned. CBS news stated roosters are typically not allowed because the crowing is a nuisance and 1 in 20 chicks are a rooster. in summary, Hanus said it is growing into an issue in a lot of areas and he is not crazy about the idea. Hanus stated his research recommended permitting and licensing each bird. Mound City Council Minutes —April 22, 2014 Hands complemented the Staff research but said it contains estimates. Hanus said the City of Woodland recently approved chickens but required two (2) acre lots. Hanus said he is aware of 12 cities that allow chickens meaning that three times more don't allow them in the metro area. Stokes pointed out it comes down to the owner because many dogs and cats get abandoned too. Hanus said the City has to deal with all of types of owners and has to anticipate the problems including neighbors not getting along or irresponsible owners. Mound has smaller lots than most cities that allow them. Hanus said you can't connect chickens to dogs. Stokes said a pet is a pet and it is based on the owner. Hanus said a similar argument was made during the discussion on alpacas but the Council has to determine whether to consider it a farm animal or a pet. Hanus believes raising them for eggs makes them a farm animal. Hanus said allowing chickens will drive a lot of changes to the code and that it is a major undertaking, although he does not believe that is a reason not to do it. Salazar said chickens are a farm animal and the decision by the Mound City Council in 1960 to become a City with typical pets and not farm animals should be honored. Salazar said the challenge is where to draw the line and said Staff has already dealt with enforcement issues with farm animals. Gillispie said she has been approached by residents on the subject outside of the Council meetings. The majority of them are not in favor. Hanus said, similar to the alpaca issue, is that chickens are farm animals that make a decent pet. The question is whether you want to allow one or more farm animals. Hanus believes if it is allowed more people would take it up and more issues that we are currently not dealing with will occur. Hanus said permit and licensing issues and correlated costs would need to be covered in the fees. Salazar asked what animal would be proposed next. He quoted an August 2013 Star Tribune article that two alligators where being kept as pets in Washington County, Minnesota. Salazar asked for the City Council to consider the change made in 1960 and that the CSO does not need more enforcement issues. Hanus asked about the list of cities that allow chickens who do not have agricultural zones. He referenced the town of Mayer, Minnesota, who only allows them in the agriculture zones. Hanus said the current code explicitly does not allow chickens. MOTION by Salazar, seconded by Hanus, to direct staff to prepare a zoning and code amendment confirming that chickens are not allowed in the City of Mound. The following voted in favor: Gillispie, Salazar, Hanus, and Gesch. The following voted against: Wegscheid. The following abstained: None. Motion carried. 11. Trapp highlighted the particular parts of the Thrive MMSP 2040 plan that are relevant to Mound. Mound has been classified as suburban and the City will need to update the Comprehensive Plan as to how the City will meet the revised goals. Trapp said the increase in overall density may change from 3 — 5 units per acre to 5 units per acre. Hanus asked how other cities are dealing with this. Some cities are building high density and that Mound does not have enough area. Hanus stated he is concerned that the unelected Met Council has virtual veto authority on city projects. Hanson stated there is a disparity between Mound City Council Minutes — April 22, 2014 demanding dense housing without providing for transportation and jobs and that one requires the other. Trapp said Mound is showing less population but has to grow the total number of households since there are less people per household than in the past. Trapp said planners are trying to challenge the Met Council to look regionally and recognize the difference between communities. Wegscheid asked what the consequence of not meeting the requirements is. Hanus said the Met Council has to approve our Comp Plan and it is a negotiation to get to an agreement. Salazar asked if there are any penalties or fines. Hanson said the City may lose out on livable communities grants that have been a real source of funding in the past and the City should be concerned about maintaining the relationship with Met Council. Trapp said that is why Staff is participating in all initiations to provide feedback. Hanus asked who is our current representative and Hanson said it has not changed. Trapp said this exercise is to give feedback on the overall goals and principals and asked if the City Council is comfortable with the content of her proposed letter and whether or not anything needs to be added. Trapp said the deadline is the end of April. Trapp said the main question is how the average density requirements will be applied. Hanson asked if City Council would like the language strengthened and the Council agreed. Trapp thanked the Council for their support. MOTION by Salazar, seconded by Wegscheid, to direct Staff to strengthen the language of the letter and submit to the Metropolitan Council by the deadline. All voted in favor. Motion carried. 12 Information /Miscellaneous A. Comments /reports from Council members /City Manager: Kandis Hanson stated Staff will participate in 'Developer Day' that will take place on Monday, April 28'I' at Ehlers & Associates. Discussions will center on the Harbor District area in Mound. Mark Hanus gave an update on the TIF bill currently at the legislature and that it will most likely result in three additional years, not five. B. Minutes: C. Reports: MWCD 2013 Year in Review Harbor Wine & Spirits — March 2014 D. Correspondence: Resignation of Todd Peterson from Parks & Open Space Commission 13. Adiourn MOTION by Salazar, seconded by Gesch to adjourn at UW139. ed in favor. Motion carried. Mayor Mark Hanus Attest: Catherine Pausche, Clerk