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2003-11-10MOUND CITY COUNCIL MINUTES NOVEMBER 10, 2003 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Monday, November 10, 2003, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mark Hanus, David Osmek and Peter Meyer. Others Present: City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director/Engineering Coordinator Carlton Moore, City Engineer John Cameron, Eric Kangas, Ruth Kangas, Marilyn Stillings, Guy Nowlan, Art Speck, Steve Hall, Cynthia Dufour, Penny Steele Consent Agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roll call vote. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. OPEN MEETING Mayor Meisel called the meeting to order at 7:30 p.m. 2. PLEDGE OF ALLEGIANCE 3. APPROVE AGENDA MOTION by Osmek, seconded by Brown to approve the agenda. All voted in favor. Motion carried. 4. CONSENT AGENDA Osmek requested the removal of item 4D from the consent agenda. MOTION by Brown, seconded by Hanus to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of October 28, 2003 regular meeting and November 6, 2003 special meeting. B. Approve payment of claims in the amount of $434,249.08. C. RESOLUTION NO. 03-95: RESOLUTION TO APPROVE AN OPERATIONS PERMIT FOR CHOICE PLASTICS, INC., TO LOCATE IN THE BALBOA BUSINESS CENTER AND TO REMOVE THE EXTERIOR OVERHEAD DOORS IN THE LOADING DOCK LOCATED AT 5300 SHORELINE DRIVE D. (removed) Mound City Council Minutes - November 10, 2003 Approve payment requests: a. Dave Perkins' Final Payment Request for 2002 Storm Sewer Improvement Project in the amount of $6,201.76. b. Environmental Associates Payment Request No. 2 for the Lost Lake Greenway Project, in the amount of $180,777.78. c. Trait Wells' Payment Request No. 2 for Municipal Well No. 8, in the amount of $38,784.94. d. Valley Paving Inc.'s Payment Request No. 4 for 2003 Street Reconstruction Project, in the amount of $42,854.72. e. Minnetonka Portable Dredging request for the Lost Lake Greenway Project, in the amount of $4,812.50. f. Environmental Associates, inc., request for the Lost Lake Greenway Project, in the amount of $6,480.00. 4D. PLANNING COMMISSION RECOMMENDATION - VARIANCE AT 2050 HARRISON LANE - MARILYN STILLINGS Osmek stated that he requested that this item be removed from the consent agenda because at the Planning Commission this item met significant dissenting vote as to the approval. Discussion followed as to the feasibility of relocating the garage to reduce the variance, and even eliminate the need for a variance. There was argument made regarding the variance due to the layout of the lot. It is located at the corner of Breezy Road and Harrison Lane. The variance is being requested for the Breezy Road side of the property, which from a practical standpoint is a sideyard, but from a legal standpoint is a frontyard. The applicant agrees to a 10' setback rather than the requested 6'. MOTION by Brown, seconded by Hanus to approve the following resolution as amended. Osmek disapproves the approval because he believes that the garage could be relocated 5' away from the house, thus negating the need for any variance. The following voted in favor: Brown, Hanus, Meisel and Meyer. The following voted against: Osmek. Motion carried. RESOLUTION NO. 03-96: RESOLUTION TO APPROVE A FRONT YARD SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A DETACHED GARAGE AT 2050 HARRISON LANE. P&Z CASE #03-43. PID #13-117-24-32-0037. It is suggested that the Planning Commission review the section of the city code that addresses setbacks on corner lots. 5. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ONTHEAGENDA None were offered. Mound City Council Minutes - November 10, 2003 6. UPDATE ON THE WESTLAKE REGION FROM HENNEPIN COUNTY COMMISSIONER PENNY STEELE, WITH QUESTIONS AND COMMENTS FROM THE CITY COUNCIL AND THE PUBLIC Penny Steele appeared before the Council with an update on various projects and programs that Hennepin County is involved in that affect the City of Mound. She discussed the CSAH 15/110 project, Emergency Preparedness, Environmental Services, the Water Patrol, Environmental Health, and the Department of Homeland Security's Capability Assessment. Tim Turnbull, Emergency Preparedness Director, commended the City of Mound on their Emergency Preparedness Program. 7. ACTION ON RESOLUTION AUTHORIZING EXECUTION OF CONSTRUCTION COOPERATIVE AGREEMENT FOR CSAH 15/110. Guy Nowlan of Hennepin County appeared to request approval of the Construction Cooperative Agreement for the CSAH15/110 project. MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 03-97: RESOLUTION AUTHORIZING EXECUTION OF CONSTRUCTION COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR THE NEW ALIGNMENT OF CSAH 15/110 (County Project No. 9417 -Agreement No. PW-45-06-03) 8. ACTION ON RESOLUTION ORDERING PREPARATION OF REPORT ON 2004 STREET RECONSTRUCTION PROJECT John Cameron distributed maps showing the proposed 2004 Street Reconstruction Project. He stated that the preliminary estimated cost for this project is $1.7 million. He stated that the feasibility report will break down specific areas so that parts can be eliminated down the road if determined the project is too large for one year. He will also be meeting with Jim Prosser of Ehlers & Associates within the next week to determine the financial feasibility of the project. MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 03-98: RESOLUTION ORDERING PREPARATION OF REPORT ON 2004 STREET RECONSTRUCTION PROJECT. Mound City Council Minutes- November 10, 2003 9, COMMUNITY DEVELOPMENT DIRECTOR'S REPORT: ADULT USE ESTABLISHMENT ORDINANCE AMENDMENT(S) Sarah Smith informed the Council that adoption of an ordinance providing for the regulation of adult establishments will be coming before them via public hearing at their meeting of November 25. No action is necessary, but the item was included to provide for review prior to the public hearing. 10. ACTION ON RESOLUTION AMENDING FEE SCHEDULE It was noted that the only proposed change to the fee schedule provides for a Quarantine Fee for animal control. MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 03-99: RESOLUTION ADOPTING FEE SCHEDULE 11. ACTION ON PROPOSED AMENDMENTS TO THE ADMINISTRATIVE CODE Hanus requested that future changes to the Administrative Code be discussed prior to adoption in a workshop setting. MOTION by Osmek, seconded by Brown to approve the revised Administrative Code, dated November 10, 2003, as amended. All voted in favor. Motion carried. 12. INFORMATION/MISCELLANEOUS B. C. D. E. F. G. H. I. J. K. L. M. Letter: Grant notice for County 15 realignment Newsletter: Metropolitan Council Newsletter: Gillespie Center Report: Harbor Wine and Spirits Customer response on fees Press release on Medica rebate Newsletter: the Brimeyer Group Update: Outlot Turnover - Village by the Bay Report: Expense report on Longpre building Letter: Chrissy Weber and Georgie Engstrand Hennepin County notice on Winter Hazard Awareness Week Update: Public Safety facility Correspondence: LMCD 13. ADJOURN MOTION by Osmek, seconded by Brown to adjourn the meeting at 9:35 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 4