2013-02-12 CC Meeting MinutesMOUND CITY COUNCIL MINUTES
FEBRUARY 12, 2013
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, February 12, 2013, at 7:00 p.m. in the council chambers of city hall.
Members present: Mayor Mark Hanus; Councilmembers Kelli Gillispie, Heidi Gesch, and Ray
Salazar
Members absent: Vacant Seat (Dave Osmek)
Others present: City Manager Kandis Hanson, Finance Director /Clerk/Treasurer Catherine
Pausche, City Attorney Melissa Manderschied, Community Development Director Sarah Smith,
Fire Chief Greg Pederson, Mark Wegscheid, Blaze Fugina, Stephanie Bolles, Matt Bolles, T.J.
Brink, Sandy Wing, Bob Boese, Kari Johnson, Stacy Burns, Heidi Wentzel, Bruce Sohns, John
Morast, John Davis, Heidi Davis.
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. Pledge of Allegiance
3. Approve agenda
MOTION by Salazar, seconded by Gesch to approve the agenda. All voted in favor. Motion
carried.
MOTION by Gesch, seconded by Salazar to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 13 -15: RESOLUTION TO APPOINT MARK WEGSCHEID AS
COUNCILMEMBER TO FILL VACANT SEAT.
Kandis Hanson swore in Councilmember
6. Consent agenda
MOTION by Gesch, seconded by Salazar to approve the consent agenda. All voted in favor.
Motion carried.
A. Approve payment of claims in the amount of $307,110.14.
B. Approve minutes: January 22, 2013 regular meeting, January 29, 2013 special
meeting, and February 5, 2013 special meeting.
C. RESOLUTION NO. 13 -16: RESOLUTION RECOMMENDING CONTINUATION OF
CDBG FUNDING OF WESTONKA COMMUNITY ACTION NETWORK (WeCAN)
Mound City Council Minutes — February 12, 2013
D. RESOLUTION NO. 13 -17: RESOLUTION AUTHORIZING GRANT AGREEMENT —
CONSTRUCTION GRANT WITH THE METROPOLITAN COUNCIL, INFLOW /INFILTRATION
GRANT PROGRAM, FOR MOUND SANITARY SEWER REHABILITATION PROJECT
E, Approve Pay Request No. 8 from GMH Asphalt, Corporation, in the amount of $94,453.71 for
work completed on the 2012 Street, Utility, Lift Station and Retaining Wall Improvement Project; City
Project Nos. PW- 12 -01, PW -12 -03 and PW- 12 -04.
F. RESOLUTION NO. 13 -18: RESOLUTION APPOINTING CITY COUNCIL MEMBER
MARK WEGSHEID AS REPRESENTATIVE OF THE CITY COUNCIL TO THE PLANNING
COMMISSION FOR 2013
7. Comments and suggestions from citizens present on any item not on the
agenda.
Community Development Director Smith spoke on behalf of applicant, Tom Penn of Sojourn
Adult Daycare Services, LLC, who is requesting to increase number of clients at facility from 40
to 48. Original CUP approved in 2010, subject to conditions and amended in 2011, to increase
the number of clients. The Planning Commission reviewed the application on January 15, 2013,
and it was recommended for approval subject to conditions. There is an existing parking
agreement with St. John's Lutheran Church for up to 15 spaces, which addresses the parking
deficiency. City Attorney requests that approval be subject to an update of this agreement.
Mayor Hanus asked if real demand is reflective of what the code requires. Smith said demand
was evaluated in 2010 and thought it was close, but it appears more on- street parking is taking
place.
Mayor Hanus opened the public hearing at 7:14. John Davis, 2379 Fairview Lane, property
backs up to Hiddenvale Lane. On- street parking prevents access to his lot, although there is no
driveway to indicate need.
Kan Johnson, an employee representing Sojourn, said Sojourn wishes to be a good neighbor
but do not control the other tenants. After further discussion, Mayor requested that the landlord
come and obtain an updated shared parking agreement, referenced in the CUP, between the
other parties to ensure employees park on the premises and giving the City a vehicle for
enforcement.
Mayor Hanus closed the hearing at 7:55.
MOTION by Salazar, seconded by Gillespie, to table the action until the applicant, landlord, and
upper tenants execute an agreement to have employees park in the on -site parking or at St.
John's Lutheran Church parking lot and not on the street. Motion was withdrawn to allow for
further discussion.
Gesch asked if parking requirements based on use will be reassessed. Smith said she will
revisit to determine if there has been increased use. Hanson stated the goal is to reduce
parking impacts on neighborhood streets.
MOTION by Hanus, seconded by Salazar, to table action and remand issue back to staff until
applicant can produce an agreement between all tenants that requires all employees to park
Mound City Council Minutes — February 12, 2013
within the confines of the property as stated and encourages clients to do so as well, in addition
to updating the shared parking agreement with St. John's Lutheran Church to reflect
amendments to the CUP and other tenants in the building. All voted in favor. Motion carried.
::
Smith introduced a request for a CUP and an amendment to the Mound Marketplace Planned
Development Area (PDA) on behalf of Mound Marketplace, Jubilee Foods and John Royer, Jr.
to allow for outdoor seasonal sales in the parking areas of the site. Four seasonal sales will
take place with the largest being the spring when a greenhouse will be placed on the site. The
parking area is a shared parking area with the Pond Arena. Emergency vehicle area has been
established although one of the access points from Avalon will be blocked temporarily during
the spring sale. Planning Commission reviewed on January 15, 2013 and recommended
approval subject to conditions. Staff recommends approval but suggests higher standard for
fencing materials.
Mayor requested the shared parking agreement be summarized.
Mayor Hanus opened the public hearing at 8:25. Sandy Wing, Early Childhood Program
Coordinator, 6348 Walnut Road, said that the Kid Stuff Sale takes place in the Pond Arena in
the spring which is going on its 18th year and brings 200+ vehicles. Wing requests that
congestion be considered /evaluated on April 1gth and 201h during the event. Stacy Burns, 2121
Commerce /3100 Ridgewood Road, is President of the Westonka Sports Association (owner of
the Pond Arena), stated the board supports the proposal as presented to them.
Bob Boese of Jubiiee Foods spoke of actions to mitigate parking and safety issues during the
Kid Stuff Sale. Police Reserves are used to help manage parking. Volunteers and /or
employees will be requested to park elsewhere.
Mayor asked if parking demands have been assessed with change in use and addition of the
animal hospital and outdoor seasonal sales. Smith stated original analysis considered all
potential uses.
Hanson said staff is researching if underutilized park land adjacent to Jubilee could be sold to
Mound Marketplace to allow space and a permanent structure for the outdoor seasonal sales.
Hanson stated the approvals would be temporary to allow for discussions on possible sale of
land. Hanus asked what makes resolution "temporary." Provision 2a states City reserves right
for future evaluation.
Smith stated Staff recommended CUP instead of administrative approval because the timeline
is extensive, but the Code does not provide for set time - lines. CUPS are perpetual until
amended. Mayor would like City's right to reevaluate be clearly stated. Hanus also requests
specific, directional signage.
Hanus proposed tabling action to come up with a vehicle that allows the temporary use. If it is a
CUP, City must have more authority for enforcement. Hanson suggested something similar to
Farmers' Market. Boese stated merchandise has been ordered and investment has been made
because they assumed at least temporary approval will be given.
Mound City Council Minutes — February 12, 2013
Mayor Hanus closed the hearing at 9:00. The meeting was recessed to change recording
media.
Hanus stated language in City Code regarding CUPS contains global language that an annual
public hearing can be held but the Mayor is unclear what action can be taken and enforced by
the City. Hanus is not clear that the CUP can be revoked. Based on the fact that Jubilee has
been good to work with, and there is an option for an annual review, Hanus stated he is
comfortable enough to move forward.
MOTION by Hanus, seconded by Gillispie, to approve the following resolution, including the
revised handout CUP with the addition of the following language: (new) 2m. Clear directional
signage in both directions is required at all times while any access road is blocked in order to
indicate where to access the shopping center and Pond Arena. All other numbers below the
new 2m are to be renumbered accordingly. All voted in favor. Motion carried.
RESOLUTION NO. 13 -36: RESOLUTION GRANTING APPROVAL OF A CONDITIONAL
USE PERMIT TO ALLOW JUBILEE FOODS TO HAVE SEASONAL, OUTDOOR
ACCESSORY RETAIL USE AT 2131 COMMERCE BOULEVARD IN MOUND
MARKETPLACE SHOPPING CENTER, AN EXISTING PLANNED UNIT DEVELOPMENT
9. Stephanie Bolles and TJ Brink, representing proposed Dakota Junction
restaurant.
Stephanie Bolles, 2346 Robin Lane, summarized plans for the small restaurant to cater to
residents and trail users year round by providing locally grown meats and produce. In process
of obtaining permits, it was determined two bathrooms are necessary as well as larger kitchen
facilities than originally planned. T.J. Brink, an investor in the project, requested the City
Council reconsider the number of seats necessary for a liquor license. Research showed
surrounding communities are at 30 and Mound is at 50. Brink said there is no other alternative
to increase capacity since outdoor patio was enclosed.
Mayor Hanus stated he is willing to go to 40 seats and further discussion ensued.
MOTION by Gesch, seconded by Salazar, to direct Staff to prepare an amendment to the
section(s) of the City Code that defines a restaurant with a minimum of 40 seats.
10. Greg Pederson, Fire Chief, with Agreement to Provide Auto Aid Services to
the City of St Bonifacius.
Chief Pederson summarized the issue for all Fire Departments with the declining number of
volunteer fire fighters and stated St. Boni Fire was struggling with daytime coverage in
particular. The agreement will provide for Mound Fire to provide auto aid on 6 event types from
Monday through Friday, lam — 5pm. Currently, Mound Fire provides mutual aid that causes a 5
to 8 minute delay in the call -out. This agreement will improve performance and guarantee a
minimum of one engine company in any event.
Mayor Hanus asked if this means Mound would receive any additional 2% money from the State
of Minnesota and Pederson indicated no.
MOTION by Hanus, Seconded by Gesch /Salazar to approve the Agreement to Provide Auto Aid
Services to the City of St. Bonifacius. All voted in favor. Motion carried.
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Mound City Council Minutes — February 12, 2013
11.
Pausche summarized efforts to reduce operating expenditures in the past and highlighted the
benefits of contracting for utility billing services with OPUS21. Pausche stated OPUS21 was the
only provider to host the software and data which will allow for on -line access by City employees
and residents and reduce demands on City network. Other vendors focus on only the bill
payment and presentment portion of the process. Pausche highlighted the savings that results
from not having to fill a budgeted clerical position in the Finance Department.
MOTION by Salazar, seconded by Gillispie, to adopt the following resolution, as amended. All
voted in favor. Motion carried.
RESOLUTION NO. 13 -19: RESOLUTION TO AUTHORIZE CITY MANAGER TO ENTER
INTO A CONTRACT WITH OPUS 21 TO PROVIDE UTILITY BILLING SERVICES
12.
Mayor Hanus stated LMCD looking for a collective opinion from all area cities on regulating bow
fishing on Lake Minnetonka. There has been a large variation in opinions and City Codes. The
LMCD requested the response to three questions: (1) The City Ordinance does ban weapons,
specifically bows and arrows within City limits (2) The Council consensus was that state law is
sufficient (3) The Council requests that the LMCD create a map that designates those areas of
Lake Minnetonka that meet the requirements of state law.
Hanus state local government can make things more restrictive, not less restrictive. The
problem is do city limits extend into the water and that is difficult to manage. That is why the
LMCD wants one policy. The water is the Hennepin County Sherriff's jurisdiction and the City is
not in a position to enforce ordinances.
13. Information /Miscellaneous
A. Comments /reports from Councilmembers /City Manager
Hanson announced the Customer Appreciation Wine Sale taking place at Harbor Wine
and Spirits now through March 2nd, 2013. Salazar announced a second Community
Drug Forum taking place at the Gillespie Center on February 21, 2013 from 6:30 to
8:OOpm.
B. Minutes:
C. Reports: Harbor Wine & Spirits — Jan 2013
D. Correspondence:
8. Adjourn
MOTION by Gesch, seconded by Gillispie to adjourn at 10:54 p.m. All voted in favor. Motion
carried.
Mayor Mark Hanus
Attest: Catherine Pausche, Clerk