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2001-09-25MOUND CITY COUNCIL SEPTEMBER 25, 2001 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 25, 2001, at 7:30 p.m. in the council chambers at 5341 Maywood Road in said City. Councilmembers Present: Mayor Pat Meisel, Councilmembers Bob Brown, Mark Hanus, Klm Anderson and Peter Meyer. Others Present: Acting City Manager, Gino Businaro; City Attorney, John Dean; Acting City Clerk, Bonnie Ritter; Community Development Director, Sarah Smith; City Planner, Loren Gordon; City Engineer, John Cameron; Greg Skinner, Janie Skinner, John Smyth, Frank Weiland, Steve Hudak, Kathy Boese, Frank Boese, Steve Berkey, Gary Motyke, Craig Goodrich, Ken and Sally Custer, Charles Carlson, Jane Carlsen, Martin Carlsen, Suzanne Claywell, Vince Foryster, Shirley Hawks, David Osmek, Richard Hawks, Tom Reese, David Blinderman, E. Maldonado, M. Gilbertson, A. Blackwell, Mary McKinley, Bruce and Patti Dodds, Mike Schulz, Steve Smith, Joan Swenson, Donald Swenson, Steve Swenson, Scott Lagelin, Clint Gables, Carlys Myers, Phyllis Jessen, Deb Grand, Tom Stokes, Peter Johnson, Robert Boese, Lorrie Ham, John Wagman, Keith Weatherby. 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 AND PLEDGE OF ALLEGIANCE Mayor Meisel opened the meeting at 7:30 p.m. and the Pledge of Allegiance was recited. 2. APPROVE AGENDA MOTION by Brown, seconded by Meyer to approve the agenda. All voted in favor. Motion carried. 3. CONSENT AGENDA Mayor Meisel requested that 3C(1) consideration at a later meeting. be removed from the consent agenda for MOTION by Brown, seconded by Hanus to approve the consent agenda as amended. All voted in favor. Motion carried. A. Approve minutes of the September 11, 2001 regular meeting B. Approve payment of claims in the amount of $228,379.79 C. Approve Planning Commission Recommendations 1. (removed) Mound City Council Minutes - September 25, 2001 2. RESOLUTION NO. O1-74: RESOLUTION TO APPROVE A FRONT YARD SETBACK VARIANCE TO CONSTRUCT AN ADDITION ON THE PROPERTY LOCATED AT 5142 WATERBURY ROAD, LOT 11, 15, 16 AND 17, WHIPPLE, P & Z CASE #01-32, PID #25-117-24-21-0047 3. RESOLUTION NO. 01-75: RESOLUTION TO APPROVE A LAKESIDE SETBACK VARIANCE TO CONSTRUCT AN ADDITION FOR THE PROPERTY LOCATED AT 4846 WILSHIRE BLVD., LOT 3, BLOCK 1, SETON, P & Z CASE #01-33, PID #24-117-24-14-0061 4. RESOLUTION NO. 01-76: RESOLUTION TO APPROVE A REAR YARD SETBACK VARIANCE TO CONSTRUCT A DECK FOR THE PROPERTY LOCATED AT 5993 BARTLETT BLVD., P & Z CASE #01- 34, PID #23-117-24-42-0003 5. RESOLUTION NO. 01-77: RESOLUTION TO APPROVE A REAR YARD SETBACK REDUCTION TO ALLOW CONSTRUCTION OF A 8' X 20' ADDITION FOR THE PROPERTY LOCATED AT 3022 BLUFFS DRIVE, P & Z CASE #01-35, PID #22-117-24-44-0023. 6. RESOLUTION NO. 01-78: RESOLUTION TO APPROVE A FRONT YARD SETBACK VARIANCE TO CONSTRUCT A DETACHED 2-CAR BARAGE FOR THE PROEPRTY LOCATED AT 2928 TUXEDO BLVD., P & Z CASE #01-36, PID #19-117-23-31-0077 7. RESOLUTION NO. 01-79: RESOLUTION TO APPROVE A SIDE YARD SETBACK VARIANCE TO CONSTRUCT A GARAGE ADDITION FOR THE PROPERTY LOCATED AT 2548 AVON DRIVE, P & Z CASE #01- 38, PID 24-117-24-11-0003. 4. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA Phyllis Jessen addressed the Council with two requests regarding the proliferation of small signs within the city (construction and real estate). She asked that the Planning Commission look at the Mound sign regulations and see if they need to be revised, and to make citizens aware of the existing regulations. Mayor Meisel informed her that these are good suggestions and the ordinance will be reviewed. 5. PLANNING COMMISSION RECOMMENDATION Case #01-37: Swenson, 4865 Island View Drive - front yard setback/hardcover The Council noted that the code should be reviewed regarding the setback regulation of attached garages vs. detached garages. In this case if the garage were detached it could be 8' from the street, and if attached 20'. MOTION by Hanus, seconded by Brown to have staff prepare a resolution for this case, using an 8' garage setback. This resolution will then be considered at the October 9, 2001 Council meeting. All voted in favor. Motion carried. 2 Mound City Council Minutes - September 25, 2001 6. COUNCIL PUBLIC RELATIONS A. Resolution Requestin,q Councilmember Resi,qnation MOTION by Hanus, seconded by Brown to adopt the following resolution. The resolution was read aloud by Hanus. Brown also read two letters written by Meyer to the owner of Jubilee Foods. RESOLUTION NO. 0'1-80: RESOLUTION REQUESTING IMMEDIATE RESIGNATION OF COUNClLMEMBER PETER C. MEYER There were comments offered by members of the public as well as the Council regarding the letters written by Meyer in which he threatened to boycott two Mound businesses, and encourage others to do the same. Councilmember Meyer moved to amend the proposed resolution and read the amendment aloud. The makers of the original resolution declined to accept the amendment. Roll call vote was asked for on the above resolution. The following voted in the affirmative: Brown, Hanus and Meisel. The following voted in the negative: Anderson and Meyer. Motion carried. At 9:10 p.m. Mayor Meisel called for a ten minute break. B. Councilmembers' Public Communication (Letters to the Editor) After discussion it was the consensus that all should strive to be responsible in their positions and leave it at that. If the problem arises it may have to be addressed later. 7. FIRST AMENDMENT TO LANGDON BAY SUBDIVISION DEVELOPMENT AGREEMENT City Attomey Dean explained that this amendment will cover the city as far as the special assessments for the Westedge Boulevard improvements. MOTION by Hanus, seconded by Brown to approve the First Amendment to the Development Agreement for Langdon Bay Subdivision. All voted in favor. Motion carried. 8. ACTION AMENDING LANGDON WOODS RESOLUTION AND DEVELOPMENT AGREEMENT Tom Stokes of Brenshell Development approached the Counci! with a request to amend the Langdon Woods Development Agreement with regards to the Erosion Control clause. Rather than have he, the developer; put up the $500/Iot escrow for each lot, he suggested having this amount collected from the builder when the building permit is applied for. 3 Mound City Council .Minutes - September 25, 2001 MOTION by Brown, seconded by Hanus to amend the development agreement to reflect the above. All voted in favor. Motion carried. Mr. Stokes also requested that Resolution No. 01-44, granting final plat and development plan approval for Langdon Woods be amended in respect to the required 40' garage setback. He agrees to having five parking spaces per house and would like flexibility in the setback, but still stay within the standard setback. MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 01-81: RESOLUTION AMENDING RESOLUTION NO. 01-44, A RESOLUTION GRANTING FINAL PLAT AND DEVELOPMENT PLAN APPROVAL FOR A PLANNED DEVELOPMENT AREA BY CONDITIONAL USE PERMIT, FOR LANGDON WOODS RESIDENTIAL DEVELOPMENT, LOCATED AT 5989 AND 5984 CH ESTN UT ROAD, PIDs #14-117-24-43-0006, 14-117-24- 43-0005 and 14-117-24-43-0046, P & Z CASE 9. PHASE II ENVIRONMENTAL SITE ASSESSMENT ON BALBOA SITE City Engineer, John Cameron, presented a proposal from STS Consultants. MOTION by Brown, seconded by Hanus to have the City Engineer obtain quotes for this Phase II Assessment, to be presented at a future meeting. All voted in favor. Motion carried. 10. INTERN PRESENTATIONS Keith Weatherby presented four reports that he completed over the summer. These were on retaining wall ratings, street inventory, storm sewer outlet ratings and structures ratings. The Council expressed their appreciation .for job well done. These reports will be used for future improvement considerations. 11. CSAH 15 WORKSHOP The workshop for CSAH 15 discussions is scheduled for October 22, 2001 at 7:00 p.m. 12. IN FORMATION/MISCELLAN EOUS A. LMCD correspondence B. Financial Reports: August 2001 C. Westonka Healthy Community Collaborative correspondence D. Minnesota chamber of Commerce newsletter E. Article: Public Employers Must Align Pay with Organizational Goals F. Mound Westonka school district correspondence 4 Mound city Council Minutes - September 25, 2001 13. ADJOURNMENT MOTION by Brown, seconded by Hanus to adjourn at 10:47 p.m. All voted in favor. Motion carried: ': . · Attest: Acting City Clerk Mayor Pat Meisel ~ 5