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2006-10-10^ MOUND CITY COUNCIL MINUTES OCTOBER 10, 2006 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Thursday, October 10, 2006, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise and David Osmek. Others Present: City Attorney John Dean, Acting City Manager Gino Businaro, Public Works Director Carlton Moore, Rita Trapp, Sue Schwalbe, Dan Grady, Cheryl Martin, Chris Morton, Kevin Brandenburg, Dwight Gardstrome, R. Flatten, Tom Casey, Ray Salazar Consent Agenda: All items listed under the Consent Agenda are considered fo 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 Brown, seconded by Osmek to approve the agenda. All voted in favor. Motion carried. 4. Consent Agenda MOTION by Brown, seconded by Beise to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of September 26, 2006. B. Approve payment of claims in the amount of $608,474.33. C. Approve Public Gathering Permits (1) We-Can Sleep Out Benefit at Lost Lake Greenway on Nov. 17tH (2) Lake Minnetonka chamber of Commerce/Mound Businesses for Annual Tree Lighting Ceremony at Lost Lake Greenway. D. Approve Assessment Resolutions (1) RESOLUTION N0.06-113: RESOLUTION ADOPTING ASSESSMENT -LEVY #16691 Mound City Council Minutes -October 10, 2006 (2) RESOLUTION NO. 06-114: RESOLUTION ADOPTING ASSESSMENT FOR IMPROVEMENT OF RICHMOND ROAD AND CERTIFYING IT TO THE COUNTY AUDITOR AT 8% INTEREST E. Approve Payment Requests (1) Pay Estimate #5 from Hardrives, Inc., in the amount of $296,495.45 for the 2006 Street Improvement Project (2) Final Payment Request from Chicago Bridge & Iron in the amount of $43,782.01 for the Chateau Water Tower Project F. Approve Invoices for Payment (1) Sunram Construction in the amount of $9,950.00 for the Retaining Wall at 3144 Drury Lane (2) American Engineering in the amount of $2,129.95 for testing done for 2006 Street Project (3) American Engineering in the amount of $3,175.00 for soil borings at Sinclair Lift Station site G. RESOLUTION NO. 06-115: RESOLUTION APPROVING FIRST AMENDMENT TO COOPERATIVE AGREEMENT WITH HENNEPIN COUNTY FOR TRUE VALUE TRANSIT DISTRICT PARK AND RIDE AND PEDESTRIAN IMPROVEMENTS PROJECT H. Approve quote from Widmer Construction in the amount of $48,212.85 for the 2006 Storm Drainage Improvement Project I. Approve West Metro Drug Task Force Agreement 5. Comments and suggestions from citizens present on any item not on the agenda. -None were offered. 6. Public Hearings A. Planning Case No. 06-27 and 06-28 -Waiver of platting and alley(s) vacation adiacent to 4886 Bartlett Boulevard -Applicant: Chris Morton Rita Trapp of Hoisington Koegler reviewed the application from Chris Morton for waiver of platting and alley vacation approval to subdivide the property located at 4886 Bartlett Boulevard to create four (4) lots. As proposed the lot split will follow the original platted lot lines and include portions of the adjacent 12-foot bituminous alley. She advised the Council that approval of the vacation request will turn back Alley A to Lot 11 and Alley B to Lot 10 under state statute regulations, but are proposed to be transferred to Lot 12 as part of the proposal. The City Attorney has advised that this action is not contrary to the waiver provisions and no variances are being requested as part of the current request. 2 ^ r Mound City Council Minutes -October 10, 2006 Osmek stated that the Planning Commission unanimously approved the request. Brown expressed concern over the alleyway that people had previously used frequently and Trapp informed him that neighbors have been notified of this hearing and there seems to be no concerns at this time. Meisel opened the public hearing. Dan Grady, 2325 Montclair Lane, state he doesn't have a problem with the vacation of the alley and would like to see it straightened out and shifted to the south because according to his stakes, it's about 15 feet off. Carlton Moore stated that the survey didn't go all the way to Montclair and he would talk to the City Attorney about the correct alley placement, but this is a separate item from the case being considered this evening. Chris Morton, 4886 Bartlett Blvd, stated that he intends to build just one house on Lot 11 and 10, but there are plans for one house on Lot 12 and one house on Lot 13. The garage will be demolished early upon completion of the first house. Upon no further comment, Mayor Meisel closed the public hearing. MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION N0.06-116: RESOLUTION TO APPROVE REQUEST FROM CHRIS MORTON FOR WAIVER OF PLATTING APPROVAL FOR PROPERTY LOCATED AT 4886 BARTLETT BOULEVARD TO CREATE FOUR (4) LOTS. PSzZ CASE #06-28. PID #13-117-24-44-0110. MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-117: RESOLUTION TO APPROVE THE VACATION OF ALLEY PORTION(S) ADJACENT TO PROPERTY LOCATED AT 4886 BARTLETT BOULEVARD. P&Z CASE #06-27. PID #13-117-24-44-0110. B. Planning Case No. 06-37 -Amendment to City Code Chapter 350.415 Existing Lots of Record) and City Code Chapter 350.1225 (Shoreland Regulations) Rita Trapp reviewed that the Council is being requested to consider text amendments to City Code 350.415 and 350.1225 to address issues raised by the Minnesota Department of Natural Resources regarding the City's regulations on lot sizes. The Planning Commission has reviewed and approved the proposed changes. 3 Mound City Council Minutes -October 10, 2006 Mayor Meisel opened the public hearing. Tom Casey, 2854 Cambridge Lane, stated that he spent a lot of time going through all the arguments of why this is too dense. The idea that if you are going to adopt this density change, the residents need to see how the final developments are going to look with he great density and height that is not very attractive. He asked the council consider this before moving forward. Heights in Mound might have a skyscraper look and would be oppressive to neighbors and view from the lake as well. Dwight Gardstrome, 2867 Cambridge Lane, state he is concerned over density and height requirements, stating that this devalues all properties and view from the lake as well. Upon no further comment, Mayor Meisel closed the public hearing. MOTION by Osmek, seconded by Brown to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 19-2006: ORDINANCE AMENDING SECTION 350.415 (EXISTING LOTS OF RECORD) AND 350.1225 (ZONING - SHORELAND MANAGEMENT) OF THE MOUND CITY CODE C. Delinquent Sewer and Water Bills Mayor Meisel opened the public hearing and upon hearing no comment, closed the public hearing. MOTION by Brown, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-118: RESOLUTION ADOPTING ASSESSMENT FOR DELINQUENT SEWER AND WATER BILLS AND CERTIFYING TO THE COUNTY AUDITOR AT 8% INTEREST -LEVY #16688. 7. Greenway Trail Extension to Cypress Lane The creation of the Lost Lake Greenway as a public green space and trail corridor from Commerce to Cypress is a component of the Mound Visions Master Plan. Other developments are complete so that the trail can now be finished. MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-119: RESOLUTION AUTHORIZING PREPARATION OF FEASIBILITY REPORT FOR COMPLETION OF IMPROVEMENTS FOR THE GREENWAY TRAIL EXTENSION TO CYPRESS LANE 4 ^ Mound City Council Minutes -October 10, 2006 8. Miscellaneous/Corresaondence A. Comments/reports from Council members B. Reports: Lake Minnetonka Communications Commission Harbor Wine & Spirits: September 2006 C. Correspondence: Gillespie Gazette 9. Adjourn MOTION by Brown, seconded by Osmek to adjourn the meeting. All voted in favor. Motion carried. C~~2 ~~ ~ Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 5