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2004-07-13MOUND CITY COUNCIL MINUTES JULY 13, 2004 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 13, 2004, 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 Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director Carlton Moore, Sherry Therres, Gerald & Rita Borseth, Tom Gray, Tammy Faiola, Mike Specht, Joel Reinitz, Dan AIImaras, John Beise, Annick Pratbernon. Consent Agenda: Ail 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 un/ess 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 Meetinq and Pledc~e of Alle_cliance Mayor Meisel called the meeting to order at 7:30 p.m. followed by the Pledge of Allegiance. 2. Approve Agenda Meisel requested the addition of Item 3L, 2004 Retaining Wall Project Resolution, and requested the removal of Item K, Cooperative Promotion Program. Hanus requested the removal of Item G, Planning Commission Recommendation, and Hanson requested the addition of Item 3M, Moving Council meeting from September 14 (Primary Election) to September 15. Meyer mentioned he would like to put the Gillespie Center budget on the next council agenda. MOTION by Brown, seconded by Hanus to approve the agenda as amended. All voted in favor. Motion carried. 3. Consent Agenda MOTION by Osmek, seconded by Hanus to approve the Consent Agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of June 8, 2004 and June 22, 2004 meetings. B. Approve payment of claims in the amount of $983,633.48. C. Approve Payment Request #7 from Environmental Associates, Inc. in the amount of $66,509.50 for the Greenway Project. D. Approve Payment Request #2 from Valley Paving in the amount of $303,509.14 for the 2004 Street Reconstruction Project Mound City Council Minutes- July 13, 2004 E. Approve Joint Powers Agreement between the Metropolitan Council and the City of Mound for installation, replacement and maintenance of bus stop signage. F. RESOLUTION NO. 04-77: RESOLUTION TO DENY PETITION FROM MIKE GARDNER AND TED METZ TO VACATE AN UNIMPROVED PORTION OF WOODLAND ROAD ADJACENT TO THE PROPERTIES LOCATED AT 1599 BLUEBIRD LANE AND 1601 BLUEBIRD LANE BEWEEN THE WEST EDGE OF THE STREET AND THE EAST EDGE OF THE FORMER COMMONS. P&Z CASE #04-04: PID #13-117-24-12-0128 and #13-117-24-12-0129. G. (removed) H. RESOLUTION NO. 04-78: RESOLUTION ADOPTING FEE SCHEDULE I. RESOLUTION NO. 04-79: RESOLUTION RENAMING PRECINCT 2/4 J. Approve Service Agreement between the City of Mound and Northern Hennepin Mediation Program K. (removed) L. RESOLUTION NO. 04-80: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR RETAINING WALL IMPROVEMENT PROJECT 2004. M. Approve moving regular Council meeting from September 14, 2004 to September 15, 2004 due to Primary Election. 3G. Planninq Commission Recommendation Case #04-07 and 04-13 - Waiver of PlattinqNariance for 5077 Shoreline Drive - Thomas Gray Hanus recommended a change in wording regarding in section 1(i), to: It is the City's intent that hardcover not exceed 30%. He also asked that l(j) be changed to reflect that a private easement shall be prepared for the shared driveway and recorded at Hennepin County which shall be subject to review and approval by the City Engineer and/or City Attorney prior to release of the building permit, not prior to the release of the resolution. MOTION by Hanus, seconded by Brown to adopt the following resolution as amended above. The following vote in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. RESOLUTION NO. 04-81: RESOLUTION TO APPROVE WAIVER OF PLATTING AND VARIANCE REQUEST FROM THOMAS GRAY FOR THE PROPERTY LOCATED AT 5077 SHORELINE DRIVE TO CREATE (2) LOTS. P&Z CASE #04-07 & 04-13. PID #13-117-24-43-0008 3K. Approval of Cooperative Promotion Proqram Meisel expressed that she thinks the concept of this program is very good, but too early, timing-wise. Discussion followed regarding where the funds for this program are generated, and that it may be better to wait until the budget process is underway to budget funds for involvement in this program. 2 Mound City Council Minutes- July 13, 2004 MOTION by Brown, seconded by Osmek to defer action on this item and have it put back on a Council agenda when the City Manager deems appropriate. The following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. 4. Comments & suggestions from citizens present on any item not on the agenda None were offered. 5. Public Hearinqs and Correspondinq Action A. Case #04-12 - Joel Reinitz (Mt. Olive Church representative) - CUPNariance - Memorial Garden at Mt. Olive Church at 5218 Bartlett Blvd. Sarah Smith reviewed the new drawing and changes submitted since the June 22nd meeting. There is screen of arborvitae proposed on three sides of the garden and a raise in elevation of 2'. The use of interment sites was also revised to allow for only burial urns to be used measuring no more than 9x9 inches and shall be buried at depth of 24-30 inches, and in sites 18 inches wide. Mayor Meisel opened the hearing at 8:25 p.m. (hearing continued from June 22nd). Gerald Borseth, 2537 Wilshire Blvd., expressed deep concerns over the location of a memorial garden in his neighborhood. Sherry Therres, 2521 Wilshire Blvd., stated she is against placement of the memorial garden. In her opinion it's a cemetery and she is not comfortable living next to a cemetery. Ritz Borseth, 2537 Wilshire Blvd., also expressed her disapproval of placement of a memorial garden that she will see when looking out of her dining room and kitchen. Mayor Meisel closed the hearing at 8:52 p.m. Osmek commented that the applicant has done a good job in revising the plans for the garden, which addressed some of the concerns of the Council, but he still can't vote for this and has deep concern over this type of use. MOTION by Hanus, seconded by Brown to adopt the following resolution. The following voted in favor: Brown, Hanus, Meisel and Meyer. The following voted against: Osmek. Motion carried. 3 Mound City Council Minutes- July 13, 2004 RESOLUTION NO. 04-82: RESOLUTION APPROVING A CONDITIONAL USE PERMIT AND VARIANCES FOR THE PURPOSE OF A MEMORIAL GARDEN AT MOUNT OLIVE LUTHERAN CHURCH LOCATED AT . 2t8 BARTLETT BOULEVARD, TRACT A & PART OF BLOCK 2, SHIRLEY HILLS UNIT "D", P&Z CASE #04-12, PID #24-117-24-21-0036. B. Review/Adoption of new Floodplain Management Ordinance and Map and Repeal of existing Floodplain Overlay Regulations Sarah Smith informed the Council that according to the DNR and FEMA, the proposed new ordinance and map need to be formally adopted no later than September 2, 2004 for the City to remain in good standing in the federal flood protection program. The Planning Commission unanimously voted to recommend approval of the proposed new ordinance and map. MOTION by Brown, seconded by Hanus to pass the following ordinance and approve accompanying map. All voted in favor. Motion carried. ORDINANCE NO. 06-2004: AN ORDINANCE REPEALING CITY CODE SUBSECTION 300.15 (FLOODPLAIN OVERLAY REGULATIONS) IN ITS ENTIRETY AND ADOPTING A NEW CITY CODE CHAPTER 300.16 (FLOODPLAIN MANAGEMENT ORDINANCE) MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 04-83: RESOLUTION APPROVING SUMMARY PUBLICATION OF ORDINANCE NO. 06-2004. 6. Update on CSAH 15 Project by Dan AIImaras of Hennepin County Dan AIImaras of Hennepin County Public Works appeared before the Council to update them on the CSAH 15 Construction and Realignment Project. Challenges have arose and been met, and the project is still on target for November 15th completion. 7. Review of structure located at 2146 Cedar Lane and applicability with zoninq and buildinq code requirements per City Code 350.505 (Board of Adjustments and Al~l~eals) and I~rOl~osed resolution - continued from June 22nd. Sarah Smith reviewed the history of this item. The former Building Official deemed the structure at 2146 Cedar Lane to be a carport which is subject to the accessory building requirements and ordered that it be removed. Annick Pratbernon, the owner, is requesting that the structure be considered a pergola and therefore allowed to remain. She says she came to the City before constructing it and was told that she didn't need a building permit. After direction by Council at the June 22® meeting, City Staff has determined that the posts of the subject structure are 2' into the Cedar Lane right-of- 4 Mound City Council Minutes -July 13, 2004 way, and the overhang encroaches another 1-2 feet more. Smith stated it is not usual and customary to allow structures in the street right-of-way. The discussion that followed centered around the use of the temporary structure and if it should be deemed a pergola or a carport. John Dean read the definition of a carport from the City Code and views the Council's findings that it is a carport, consistent with the facts and definition as stated in the code. MOTION by Hanus, seconded by Brown to deny the appeal based on the finding that the structure is encroaching on public right-of-way, and that the structure's primary purpose is determined to be that of a carport and doesn't meet the setback requirements for a carport. Meyer feels that the structure should be allowed because applicant was told by City that it was OK. Meisel stated she is against removing the structure, but that it should be moved back out of the right-of-way. The following voted in favor of the motion: Brown, Hanus and Osmek. The following voted against: Meisel and Meyer. Motion carried. Smith will prepare a letter to the property owner conveying the Council's decision. Brown asked Smith if the owner could come to the Council and request a variance for the structure and Dean stated that it is now deemed a carport and she could apply for an after the fact variance. MOTION by Hanus, seconded by Meisel to direct staff to bring the membrane structure ordinance back to the council for review at the earliest practical date. The following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. 8. Review of proposed amendment to City Code Chapter 330 (Subdivision Ordinance) to regulate dock lot parcels for the purpose of providing lake access for nearby properties - continued from June 22nd. Sarah Smith reviewed the proposed changes that resulted from discussion at the June 22® meeting. Discussion followed with regards to the proposed changes including; inserting the notification of property owners within 350', but not using the CUP process, the requirement of a dock parcel license, lake and street front footage requirements, and the consequences if a property owner violates the provisions of the proposed ordinance. MOTION by Osmek, seconded by Brown to table action on this item until the July 27th meeting, so that staff can prepare an ordinance with all of the suggested revisions. The following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. 5 Mound City Council Minutes- July 13, 2004 9. Miscellaneous/Correspondence A. DCAC Minutes- June 17, 2004 B. Harbor Wine & Spirits Report - June 2004 C. Recap of 2004 Spring Clean-up D. LMCD Minutes of May 26, 2004 E. Newsletter: Gillespie Gazette F. LMCD 2005 Budget G. Three Rivers Park District Community Needs Assessment H. MFD Commission Meeting Minutes June 23, 2004 10. Adjourn MOTION by Brown, seconded by Osmek to adjourn at 10:35 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 6