2002-07-23MOUND CITY COUNCIL MINUTES
JULY 23, 2002
The City Council of the City of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, July 23, 2002, at 6:45 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, City
Engineer John Cameron, City Planner Loren Gordon, Parks Director Jim Fackler;
Tom Stokes, Chuck Alcon, Miles Britz, Greg Fall, John Anderson, Bob Biebe, Jeff
Jesberg, Matt Mizerny, Phil Bowman, Bob & Kathy Goodfellow, Flynn Elder,
Nacole Schutz, Jeff Anderson, Bill Baker, John & Kathy Aquilina, Greg Olson,
Diane Arndt, Wayne Arndt, Ann Eberhart, Bruce & Judy McKeeman, Richard
Strand, Michael Blood, Cheri Blood, Lincoln Smith, Tania Hoven, Mark & Connie
Woytcke, Frank Weiland, Debbie Falle, Sam Teele, Karl Yaeger, Bill Nielsen,
Vicki Weber, Karl & Julie Weisenborn, Dick & Linda Johnson, Joy Foster, Patty &
Art Anthony, Adam Hawkinson, Dan Wombacher, Chris Sankey, Scott Thoma,
Bonnie & Eric Vos, Todd Ehret, Bob Engelhart, Stephen Kakos, Robert & Elsie
Beadle
1. OPEN MEETING
Mayor Meisel opened the meeting at 6:45 p.m.
2. FACILITIES TOUR: PART I - CITY HALL
The Council took a tour of the City Hall, with Jim Fackler pointing out the
deteriorating areas that are in need of repair.
3. PLEDGE OF ALLEGIANCE
Upon return to the Council chambers the Pledge of Allegiance was recited.
4. APPROVE AGENDA, WITH ANY AMENDMENTS
Kandis Hanson requested the removal of 3C from the consent agenda and the
addition of 14A, Setting Special Budget Workshop. Hanus requested adding
item 17A, Shoreline Survey. Hanson also requested that item #17 be moved to
take place at about 8:30 p.m., when defense attorney will be present.
MOTION by Osmek, seconded by Hanus to approve the agenda as amended
above. All voted in favor. Motion carried.
5. CONSENT AGENDA
MOTION by Brown, seconded by Osmek to approve the consent agenda as
amended. Upon roll call vote, all voted in favor. Motion carried.
Mound City Council Minutes - July 23, 2002
A. Approve minutes of July 9, 2002 regular meeting
B. Approve payment of claims in the amount of $301,226.49.
C. (removed)
D. Approve progress payment No. 3 ($2,938.35) to Doboszenski & Sons, for
the Mound Visions 2nd Addition.
E. Approve progress payment No. 2 ($12,118.94)to S.M. Hentges & Sons
for work completed on the Westedge Watermain Improvement.
F. RESOLUTION NO. 02-74: RESOLUTION TO APPROVE A LOT SIZE
VARIANCE, FRONT SETBACK VARIANCE AND A HARDCOVER
VARIANCE FOR A NEW HOUSE TO BE CONSTRUCTED AT 4948
WlLSHIRE BOULEVARD. P & Z CASE #02-23, PID #24-117-24-14-0048
G. Approve a one-day permit to allow 3.2 beer/wine in Mound Bay Park for
Employee Appreciate Day on August 1st.
3C. APPROVE BID DATE FOR 2002 RETAINING WALL PROJECT
MOTION by Brown, seconded by Osmek to set the bid date for the 2002
Retaining Wall Project to September 4, 2002. All voted in favor. Motion carried.
6. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ANY
ITEM NOT ON THE AGENDA
Diane and Wayne Arndt, 4828 Longford Road, approached the Council
expressing concern over a neighbor's placement of a privacy fence. They
informed the Council that the fence cuts out about 35% of their lake view. Sarah
Smith indicated that the subject fence is in compliance with present city code.
The Council gave the directive that the Planning Commission review the fence
ordinance after staff investigates neighboring lake cities' regulations.
Bruce McKeeman, 12744 Avocet Lane, stated how much he and his neighbors
appreciate the City's commons program. He asked if it is allowable to put signs
in neighborhood yards to communicate information to the neighborhood
regarding the Dreamwood Commons. John Dean stated that this doesn't violate
any of the city's requirements and McKeeman will contact Sarah Smith regarding
compliance with the sign ordinance.
7. PUBLIC HEARING
Mound Public Safety Facility - 2415 Wilshire Blvd, Conditional Use Permit and
Variances.
Sarah Smith walked through the highlights and gave the background of the
conditional use permit and variance applications.
Mayor Meisel opened the public hearing at 7:58 p.m. and asked for public
comment. No comment was offered and the public hearing was closed at 7:59
p.m.
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Mound City Council Minutes - July 23, 2002
MOTION by Brown, seconded by Osmek to adopt the following resolution as
amended. All voted in favor. Motion carried.
RESOLUTION NO. 02-75:
RESOLUTION TO APPROVE A CONDITIONAL
USE PERMIT AND VARIANCES FOR THE CITY OF
MOUND TO ALLOW CONSTRUCTION OF A NEW
PUBLIC SAFETY BUILDING WITHIN THE R-1
SINGLE-FAMILY RESIDENTIAL DISTRICT AT 2415
WILSHIRE BOULEVARD. LOTS 9-13, BLOCK 3,
SHIRLEY HLLS UNIT D. PID #24-117-24-21-0034.
P & Z CASE #02-24/02-25.
8. REPORT ON PUBLIC SAFETY BUILDING PROJECT BY AMCON AND
SEH
Miles Britz, of SEH reviewed the site plan changes with the Council and informed
them that the square footage has been reduced from 36,00 to 33,000, and
pointed out some of the features on the add alternate drawings.
Todd Christopherson of Amcon reviewed the budget report for the project. There
was discussion about the misunderstanding regarding the contingency of
$500,000 that the HRA had indicated would be released only upon their
approval. This contingency is now stated on the budget as a line item.
City Attorney Dean indicated that item #17 would now be addressed, as indicated
when discussing the agenda approval.
17. EXECUTIVE SESSION ON MATTER OF LITIGATION BY JOHN M.
ANDERSON~ ET AL1 REGARDING THE DREAMWOOD ADDITION
The Council went into executive session, exercising the client/attorney privilege,
at 8:35 p.m. and returned to regular session at 9:20 p.m.
City Attorney John Dean reported that the Council met with the defense attorney
appointed by the League of Minnesota Cities, and direction was give by Council
to notify the other potential parties that the City would consent to other parties
intervening in the lawsuit. The defense attorney was also directed to file an
answer and defend the complaint, seeking to protect all of the public interests
and claims of the City in the Commons. As far as specific details, the answer will
be filed late this week and will be made available for public inspection as to the
contents of the answer.
9. PLANNING COMMISSION RECOMMENDATION
Case No. 02-11: John & Kathy Aquilina, 3030 Island View Drive, for a variance.
Mayor Meisel noted that a letter was received today from the Aquilinas, officially
withdrawing their request for a variance since the revised deck and stair
remodeling complies with City Code.
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Mound City Council Minutes - July 23, 2002
MOTION by Hanus, seconded by Meisel to accept the applicants' letter of
withdrawal for the variance. Brown expressed concern that if accept the letter it
may be saying that they agree that it already conforms to code. Hanus and
Meisel withdrew the above motion.
MOTION by Hanus, seconded by Brown to accept the applicants' request to
withdraw their variance request. All voted in favor. Motion carried.
A. Board of Appeals - Review & Action Approving Proposed Modifications
Made to Structure:
Loren Gordon reviewed the history of this case and stated that staff has
met with applicant and come to an acceptable means to meet the building
and zoning requirements. Karl Yaeger, attorney for neighbor Greg Fall,
offered dispute with the way the staff interpreted the City Code with
reference to the setbacks. Discussion followed and the Council agreed
with the staff's interpretation.
MOTION by Hanus, seconded by Meisel to adopt the following resolution
as amended. The following voted in favor: Brown, Hanus, Meisel and
Osmek. The following voted against: Meyer. Motion carried.
RESOLUTION NO. 02-76:
RESOLUTION ADOPTING THE STAFF
INTERPRETATION OF ZONING ORDINANCE
SECTION 350.440, SUBD. 3 (B) AND (F)
Meisel asked if the additional fees, consultants and legal, can be added to
this permit fee. Hanson informed her that the fee schedule allows
collection for fees that exceed permit fees. Sarah Smith was directed to
compute the billing time on this case and submit to the Council for their
review.
Mayor Meisel called a recess at 10:26 p.m, and reconvened the meeting at 10:37
p.m.
10. DIRECTION/ACTION REGARDING 2002 STORM SEWER
IMPROVEMENT BIDS
City Engineer John Cameron presented the bids received for the 2002 Storm
Sewer Improvement Project. It is recommended that Section 7 - Dakota Rail be
pulled from the project until determination is made as to the future of the line.
MOTION by Brown, seconded by Hanus to award the 2002 Storm Sewer
Improvement Project contract to Dave Perkins Contracting of Andover, in the
amount of $299,049. This amount is not including Section 7 - Dakota Rail. All
voted in favor. Motion carried.
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Mound City Council Minutes - July 23, 2002
11. DIRECTION/ACTION REGARDING WELL PROJECT
John Cameron reviewed the proposed location for the new municipal well to
replace Well No. 1 and Well No. 6. Staff's number one choice for a site has been
adjacent to the existing elevated storage tank located in Sorbo Park on
Evergreen Road. Discussion followed regarding alternatives to this location.
MOTION by Brown, seconded by Hanus to authorize contacting the owner of Lot
11 in the presented plan, to determine his willingness to sell, and to authorize up
to $2000 for an appraisal of the lot if the seller is agreeable. All voted in favor.
Motion carried.
12. ACTION ON BALBOA OPTION
John Dean reviewed the option to purchase on Lots 23-28, Kohlers Addition,
from Balboa Center Limited Partnership. He recommends approval of the
extension of the option to September 30, 2002, which includes payment of
$8,500 for the extension. HE also recommended that the Council authorize and
direct STS to proceed with the necessary environmental work to obtain a no
association determination and/or off-site source determination from MPCA.
MOTION by Brown, seconded by Osmek to extend the purchase option and
payment of $8,500, plus pay for preparation of the No Association Determination
Letter from the MPCA with anticipated cost of $5,000 -$10,000, and also obtain
an Off-site Determination Letter from the MPCA with anticipated cost in the range
from $7,000 to $12,000. STS will continue with their environmental assessment.
All voted in favor. Motion carried.
13. PRELIMINARY DEVELOPMENT AGREEMENT WITH MOUND HARBOR
RENAISSANCE~ LLC.
Chuck Alcon presented a preliminary schedule of all phases of the
redevelopment. John Dean reviewed the draft of the subject agreement, with
discussion on proposed revisions.
MOTION by Brown, seconded by Osmek to approve the Preliminary
Development Agreement with Mound Harbor Renaissance, LLC, as amended.
All voted in favor. Motion carried.
14. RESETTING REGULAR MEETING DUE TO ELECTION DAY
MOTION by Hanus, seconded by Brown to reschedule the regular meeting from
September 10, to September 9, 2002, at 7:30 p.m. This is due to the primary
election. All voted in favor. Motion carried.
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Mound City Council Minutes - July 23, 2002
'15. FISHERS OF MEN FISHING TOURNAMENT
Nacole Schutz appeared before the Council to ask them to waive the $300/day
feel for their previously approved public gathering permit for the Fishers of Men
Tournaments to be held August 3 and August 17. It was the consensus of the
Council not to waive these fees.
16. ACTION ON RENAMING MOUND LIQUOR STORE
Joel Krumm, Liquor Store Manager, appeared before the Council with two
suggestions for the name of the new liquor store. They are By the Bay Wines
and Sprits and Harbor Wines and Spirits.
MOTION by Osmek, seconded by Brown to rename the Mound Liquor Store,
Harbor Wines and Spirits. All voted in favor. Motion carried.
17. EXECUTIVE SESSION - MOVED TO BETWEEN ITEM 8 AND 9.
Mayor Meisel left the meeting at 12:34 a.m. and Acting Mayor Hanus presided
over the balance of the meeting.
17A. SHORELINE SURVEY
Hanus received the information asked for regarding funding of the shoreline
survey. It was to be paid from the Dock fund with reimbursement in 2002 or
2003 from the Planning Department for shoreline not part of the dock program.
18. INFORMATION/MISCELLANEOUS
A. LMCC calendar for August
B. Met Council newsletter
C. Report: Mound Ppolice Department- June 2002
D. Hennepin County Community Forum - July 30, 2002
E. Report: Finance Department- June 2002
F. Report: Post Office
G. Report: Redevelopment Project Team
19. ADJOURN
MOTION by Brown, seconded by Osmek to adjourn at 12:35 a.m. All voted in
favor. Motion carried.
Attest: Bonnie Ritter, City Clerk
~layor Pat Meisel '
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