2013-05-14 CC Meeting MinutesMOUND CITY COUNCIL MINUTES
MAY 14, 2013
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, May 14, 2013, at 7:00 p.m. in the council chambers of City Hall.
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, Building Inspector Scott Qualle, Earl Zent,
Blaze Fugina, Megan Jones, Chris Remus, Ron Hendley, Keith Anderson, Ellen Lukin, Jim
Byers, Jay Green, Greg Nybeck, Jason Lewis, Laetitia Hughes, Joel Reinitz
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 7:02 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
Mayor Hanus requested the removal of item 4 C. 1 and 4 C. 2 for discussion.
Hanson requested the removal of item 4 E. for discussion.
MOTION by Gesch, seconded by Salazar, to approve the consent agenda less items 4C 1, 4C
2, and 4 E. Upon roll call vote, all voted in favor. Motion carried.
A. Approve payment of claims in the amount of $ 498,387.78.
B. Approve minutes:
1. April 23, 2013 regular meeting
2. April 30, 2013 special meeting — Annual Reports
3. April 30, 2013 special meeting — The Landings on Lost Lake
C. (removed)
D. RESOLUTION NO. 13 -57: RESOLUTION APPROVING CHANGE ORDER NO. 1 FOR
THE 2013 STREET, UTILITY AND RETAINING WALL IMPROVEMENT PROJECT -
SOUTHEAST ISLAND AREA (PW- 13 -01), AND WOODLYN RIDGE (PW- 13 -05)
Mound City Council Minutes — May 14, 2013
E (removed)
F. Approve Pay Request from American Engineering Testing, Inc. in the amount of
$1,750.00 for geotechnical exploration services for the 2013 Lift Station Improvement
Project, City Project No. PW- 13 -03.
G. Approve Pay Request from American Engineering Testing, Inc. in the amount of
$9,200.00 for geotechnical exploration services for the 2013 Street Reconstruction
Project, City Project No. PW- 13 -01.
H. RESOLUTION NO. 13 -58: RESOLUTION OF SPONSORSHIP AS RELATED TO THE
SOUTHWEST TRAILS SNOWMOBILE ASSOCIATION
I. RESOLUTION NO. 13 -59: RESOLUTION CANCELLING 2011 STREET, UTILITY AND
RETAINING WALL IMPROVEMENT PROJECT ASSESSMENT ON CITY OWNED
PARCEL
J. Approve Public Gathering Permit for Minnetonka Classic Bass Club, Annual Minnetonka
Classic Bass Tournament Weigh -In at Surfside Park on Saturday, June 1, 2013, with
fees paid.
K Approve Public Gathering Permit for River Valley Church at Surfside Park on Sunday,
June 2, 2013, with fees paid.
L. RESOLUTION NO. 13 -60: RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT
FOR VERA BROWN FOR PID NO. 23- 117 -24 -32 -0055
M. RESOLUTION NO. 13 -61: RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT
FROM MOUNT OLIVE LUTHERAN CHURCH FOR PID NO. 24-117-24-21-0012
4C. Approve extension of franchisee fee sunset dates.
1. Approve an Ordinance Amending Ordinance No. 08 -2003 Implementing an Electric
Franchise Fee on Northern States Power D /B /A Excel Energy for Providing Electric
Service within the City of Mound.
2. Approve an Ordinance Amending Ordinance No. 05 -2003 Implementing A Gas
Franchise Fee on Centerpoint Energy Minnegasco for Providing Gas Service within
the City of Mound
Mayor Hanus asked for these items to be removed for discussion because he wanted to know
when the deadline to extend the sunset was. Pausche stated 6 months prior to the sunset
dates, which would be June 30, 2013. Hanus said it is likely Mound would receive Local
Government Aid (LGA) from the State of Minnesota in 2013 and 2014 and the City should know
very soon. These franchise fees were implemented when LGA was eliminated mid -year in
2003, and the Mayor would like to see the fees go away if the City once again receives LGA.
MOTION by Hanus, seconded by Salazar, to table this matter until the first meeting in June of
2013. All voted in favor. Motion carried.
4E. Approve Resolution Accepting Bid for the 2013 Lift Station Improvement Project
Mound City Council Minutes — May 14, 2013
Hanson stated she requested this item be tabled to a future meeting to allow for more time to
review the bids. Hanson stated there were issues with the low bid that require further review.
MOTION by Gesch, seconded by Salazar, to table item 4E. All voted in favor. Motion carried.
5. Comments and suggestions from citizens present on any item not on the agenda.
None were offered.
6. Planning Commission Recommendation:
A. Public Hearing — Planning Case No. 03 -07
Conditional Use Permit — 6270 Westedge Boulevard
Essential Service Buildings — Metropolitan Council Environmental
Services (MCES) Wastewater Treatment Facility /Site
Applicant Representative — HR Green
Smith presented the MCWD CUP request which includes a complete site redesign with
structures removed completely and /or replaced. Smith described the essential service zoning
requirements and review process and that the CUP is used to make the necessary approvals.
The area is zoned R1 Single Family District but this essential service use is deemed compatible
and consistent per the Comprehensive Plan. Planning Commission reviewed last August and
again on April 16, 2013. Necessary notifications and publications were made. The building
height was discussed and staff suggested the roofs behave as a single roof, but the Planning
Commission recommended denial because they see it as two roofs and therefore too high.
Members of the MCES project team were present. Smith executed the 60 day extension which
is common in land use applications and the materials to be used were put on display.
Mayor Hanus invited the applicant to speak. Chris Remus of MCES gave a summary of project
objectives. Operations requested 16 foot high doors which determined building height as well
as a desire to provide some additional floor space for offices and locker rooms.
Mayor Hanus opened the public hearing at 7:29 pm.
Ron Hendley, 2611 Setter Circle, said that three (3) pine trees were removed this winter and the
building was much more visible. He requests more landscaping be incorporated to shield the
view. The generator in the building and the exhaust is loud and travels down his street. He
requests the exhaust be directed to the wetlands /north side. He asked about interceptor pipe
replacement. Chris Remus stated the pipe will be replaced between the new lift station to Crow
River Bank along the trail.
Joel Reinitz, 2610 Halstead Lane, asked where the driveway is moving to and if the finished
height would go from 15 feet to 35+ feet. He stated MCES are horrible neighbors that leave
piles of brush and debris. Chris Remus stated the driveway will line up to Setter Circle and
clean up will be part of the project. Hanson asked if use of this property will continue to have a
bone yard component and whether screening is being incorporated into the design. Reinitz
asked if the strong smell of sewer gas coming out of the storm sewer is going to be addressed.
Keith Anderson, Project Manager from HR Green, stated the new L38 lift station will have more
modern equipment to manage odors. Storm sewers are a City issue. Hanus asked if any of the
Mound City Council Minutes — May 14, 2013
mains are leaking. Keith Anderson is working on the large sewer pipe replacement, but the pipe
is lower than the storm sewers and they have no knowledge of leakage. Hanus asked Reinitz
about the frequency.
Joel Reinitz stated when the semis come back with sewer back -up debris, they dump at all
hours of the night. The MCES reps were not able to address the operations issue. Chris
Remus was under the understanding vactor truck waste has to be disposed of at St. Paul,
Bloomington or Blue Lake facilities. There is currently no MCES vactor truck at the Mound
facility.
Ron Hendley stated the truck is a City of Mound truck or their subcontractors. Dumping occurs
about once a month overnight. Hanus stated the City will look into it. Hendley asked if the
buildings could be placed further back and put down in lower elevation to help mitigate the
height issue. Hanus was not sure how far back they could go due to proximity to Lake Langdon.
Jason Lewis, 2600 Setter Circle, shares the concerns expressed. He is also concerned about
bone yard dumping and man -hole dumping. He likes the overall proposal although he sees
some challenges. His preference is L38 before maintenance buildings and why do they need
35 feet high. He prefers privacy fence vs. chain link with Blue Spruce. He is concerned about
timing and duration. He stated that Westedge Blvd is in rough shape and whether this is being
considered in the design.
Laetitia Hughes, 2695 North Saunders Lake Drive, asked what are the changes in activities on
the site and why do the buildings need to be so high. What is the body of water? Wegscheid
said it is just a pond that is not in use. She asked who she can call with questions. She wants
to know if any dangerous products are stored on site. Remus stated the height reflects the
same design as other facilities. Vactor trucks are over 12 feet. Trailers and forklifts can be
quite high. Hughes asked if the large trucks are permitted on the roads.
Hanus stated he read that the materials mentioned a 'regional hub." Hanus asked for specifics
on number of people and traffic that would result. Remus stated there is six staff with 3 — 4
vehicles, one -tons, boom trucks, but nothing too big. Typical day 7:00 a.m. — 3:30 p.m. and
they serve the Lake Minnetonka area. Hanus asked if there would be any changes. Remus
states as demographics change, the facility could accommodate up to a staff of 16. Hanus
asked where they expected the growth to take place since you are already up to the
Metropolitan Urban Service Boundary (MUSA) line.
Hanus commented on the design being more rural farmland and does not seem to fit in a fully -
built suburban community. Hanus sees it as two roofs even if it is just functional /aesthetic and
is not necessary. Hanus has issues with design and increase in activity. Hanus would only
consider it through a variance and is unsure he would vote in favor. Hanus wants more clarity
on clean -up and buffering.
Gesch does not like the height of the building in the neighborhood and going from 6 to 16
employees. Hanus asked if the vehicles have the beepers. Gesch is for cleaning it up but not
sure the plan works.
Salazar pointed out changes in parking and number of employees and stated he does not hear
justification for the building height.
Mound City Council Minutes — May 14, 2013
Gillispie asked for justification for upper roof clear story. Ellen Lukin of Lukin Architecture met
with Staff and studied the elements of design the City is trying to incorporate. It is a metal
building 16 foot doors with 2 feet for tracks and she did the minimum pitch. If they are required
to stay within the maximum 35 feet, there will be nothing decorative. Wegscheid asked if
dormers were considered. Lukin stated they can use sky lights to lower height.
Wegscheid emphasized the privacy fence vs. the chain link fence. Lukin stated 17 trees will be
planted. Hanus stated the Council should consider if the second roof is necessary or if it just
because they want it. Hanus asked if in the foreseeable future, will there be different kinds of
equipment. Remus said similar. Hanus stated whether 16 foot doors were required for all and
Remus stated they are looking for flexibility and uniformity.
Wegscheid asked if other sites were considered. Remus said no. This was originally a city
wastewater treatment plant and a 2007 reconstruction plan targeted this site because of L38.
Hanus said City is trying to ensure it looks like it belongs in the neighborhood and the
operations don't grow beyond reason so it no longer fits in the neighborhood it is in. Salazar
and Wegscheid asked if it has already been outgrown.
Reinitz reiterated they have been a horrible neighbor and the City has been given no guarantee
that things will change for the better, with probable increases to traffic, noise, and employees.
Hughes wants to know if the lift station is a hazard and asked what the advantage is for Mound
to have it here. Hughes asked for a computer generated model of the area to be generated to
see the impact on environment and views.
Salazar asked about the impact on streets. It was discussed whether Westedge was an MSA
street which means it would be built stronger. Jason Lewis is concerned about safety due to the
increase of trail traffic and that a sidewalk should be considered before setbacks are decided
on. He asked what is the existing height of the doors. Remus unsure. Jason Lewis stated
some vehicles stored outside in front of L38 and requirements for indoor storage or screening
should be incorporated.
Ron Handley asked about the timeline. Hanus referred to packet and said that site prep started
in February with construction starting in July. The interceptor line will be 2014/2015. Remus
stated County Road 44 is only in preliminary discussion.
Mayor Hanus closed the public hearing at 8:28 p.m.
Hanus stated the options, including approval, denial, or tabling with direction. Salazar
recommended eliminating clear story. Hanus asked about fill and grading to take place. Hanus
asked what the current set -back is to ordinary high water and whether wetland remediation will
be required and Smith stated yes. Hanus said then it would be possible to move it back and
lower. Anderson was unsure how much it could be moved. Salazar asked about burming the
area to act as a shield. Lukin stated the screening was trying to blend it into the natural
landscape. Hanus stated burms eat up usable land but would raise the trees higher.
Wegscheid expressed concerns for the neighborhood. The building design makes him question
what the future might hold and neighborhood impacts. Hanus stated it could be addressed in
the CUP by limiting the number of employees based at the site. Hanus reiterated size of
operation is a concern. Gesch feels it has to be tabled. Hanus agreed and asked for thoughts
on what they should come back with. Hanus suggested removing the upper roof. Salazar
Mound City Council Minutes — May 14, 2013
asked for more beautification and impact. Any amount that can be lowered would be favorable.
Hanus wants any exterior equipment or storage to be buffered from view. Hanus asked about a
generator. Anderson stated new generator will be on the north side. Hanus suggested a sound
barrier wall. Hanus stated to the public that if MCES conforms to the code they have a right to
proceed.
MOTION by Hanus, seconded by Salazar, to table the issue until Staff and Applicant come back
with a modified plan including buffering of exterior storage of equipment and brush, removing
the upper roof, and looking at potentially lowering grade to lower overall height as viewed from
street. All voted in favor. Motion carried.
Q
Zent summarized the remedy for 46 parcels in the Harrison Bay South neighborhood who were
concerned about the increase from their 2011 to 2012 assessment. Fourteen were reviewed,
11 had suggestions for downward valuations using Minnesota Property Tax Refund or to apply
to tax court. Two filed petitions and settlements were achieved. Zent talked about the diversity
of Mound and that the assessors break it down into 114 neighborhoods.
Zent gave an overview of 2013 assessment. Zent forecasted neighborhoods 12 and 13 may be
an issue. There were 130 sales used: 50 Lakeshore, 53 residential /non - lakeshore, 15
condo /townhomes. Starter homes are going up the most. Zent encouraged listeners to focus
on dollar increases, not percent. Sales ranged from $132K - $1.1 M lakeshore, $43K - $300K
non - lakeshore. Zent noted foreclosures and bank mitigated sales decreasing and some
lakeshore values are still declining. Assessors use statistics with the goal of assessed values,
on average, reflecting 95% of the average sales price on equivalent properties. Zent stated one
person attended the open book on May 1 and one other called. This is the check and balance,
but unfortunately residents may not react until they see the tax impact in the fall on their Truth In
Taxation statements.
Jim Byers, Minnetrista resident, Mound business owner, and past president of WRA for 10
years, explained that the Lyons, Jaycees, and American Legion got together to create an adult
softball /baseball complex many years ago. The WRA now accommodates many youth baseball
programs which take up about half the use of the fields. Extra bases and maintenance required
to make the changes. Costs are increasing. Spoke to Minnetrista and committed to talk to
Mound since youth from Mound and Minnetrista use these fields. Often run a deficit of $25K -
$30K. Charitable Gambling Funds now about half their net proceeds. Hanus asked what
amount was requested from Minnetrista. Byers stated $15K from Minnetrista and $10K from
Mound. Hanus asked if businesses contribute. Byers stated they started advertising in fields in
2012. Hanus stated that it will be discussed during the budget process and that the Council will
take it under consideration.
9. Jay Green, Mound LMCD Representative discussing:
A. The Minnehaha Creek Watershed District Aquatic Invasive Species (AIS) Program Plan
Amendment.
Mound City Council Minutes — May 14, 2013
Green stated that the MCWD plan focused on prevention, containment and long -term
control /eradication. Green stated prevention and education are most important to Lake
Minnetonka and controlling movement of boats and equipment. MCWD only wants to
work with cities who want to participate. MCWD only focused on zebra mussels, but LMA
doing AIS.
LMCD turned down the LMA to help fund. DNR grant was $100 per acre. Hanus stated
the City supports the program with the thought that public contributions would be
increasingly replaced with private contributions. Hanus would like the LMCD to support it
as well. Green stated for the Phelps Bay five year study, 69% was public funding, of
which, Mound's $43K was 37% of the City funding received. In comparison, St. Alban's
Bay was 18% public money.
Salazar asked what fines generate the $55K. Green stated non - conformance issues like
set backs or number of watercraft and court fines like Boating While Intoxicated. Salazar
asked why so many agencies involved with managing water ways. Hanus stated this is
why he disagrees with MCWD being involved with AIS. Hanus believes the Lake
Minnetonka area subsidizes other areas in the MCWD and is concerned with the fact
MCWD is an unelected body with taxing authority. Hanus stated he feels DNR should be
primary agency but they won't. Hanus likes LMCD local involvement. Green likes LMCD
big picture perspective. Green stated DNR has long term plan for dealing with AIS.
State budget for AIS is $7M one -time, $3.5M ongoing, so they need to cooperate.
MCWD budget is $12.5M.
B. The proposed 2014 LMCD Budget
Hanus referred to the options on page 1290 of the packet. Hanus stated Mound supports
AIS but is not willing to support the levy increase for option 2. Hanus expressed concern
about increase to salaries in comparison to Mound. Hanus asked what LMCD has done
to restrict expenses. Greg Nybeck, LMCD Executive Director, stated the LMCD has
made some changes to benefit coverage, including not offering family coverage funding,
and did freeze wages in 2010. LMCD has 3.6 FTEs, up from 3.5 in 2004. Maximum levy
reduced because of decline in market values. They have eliminated external
bookkeeping contract. Part -time employee does not get benefits. Nybeck stated Judd
Harper and Emily Herman are hourly employees.
Hanus asked if the harvesting budget is staying level. Nybeck stated first year was 1995
for $105K - $110K, and 2014 will be flat at $95K. Amount of acreage fluctuates and is
hard to estimate. A better statistic is the number of truck loads. Hanus stressed to keep
looking out of the box and find ways to do more with less. Nybeck stated option 1 is
similar to 2013 with a 3% levy increase. Option 2 includes $55K for whole bay or large
scale herbicide treatment. A 2% salary increase was assumed in both. Hanus stated he
does not support that. Gillispie asked about office lease space and costs. Nybeck stated
the lease started in September five years ago and the CAM and taxes are adjusted in
December. Gillespie stated $4,000 per month is very high even if it includes utilities.
Council members informed Nybeck that space is available in the existing City Hall.
10. Information /Miscellaneous
Mound City Council Minutes — May 14, 2013
A. Comments /reports from Council Members /City Manager
None were offered.
B. Minutes: Planning commission:
1. April 2, 2013
2. April 16, 2013 Special Meeting
C. Reports: Bolton & Menk — YTD as of 3/31/2013
Harbor Wine & Spirits — April 2013
D. Correspondence:
Letter from Mediacom
Letter from Tom Penn on behalf of Sojourn withdrawing
CUP Amendment request for property at 5200 Maywood Road
Resignation of Michael Wilkus from Parks and Open Space Commission
11. Adjourn
MOTION by Salazar, seconded by Gillispie to adjourn at 9:50 p.m. All voted in favor. Motion
carried.
6
Attest: Catherine Pausche, Clerk
Mayor Mark Hanus