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2002-09-24MOUND CITY COUNCIL MINUTES SEPTEMBER 24, 2002 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 24, 2002, 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, City Planner Loren Gordon, City Engineer John Cameron, Sharon Cook, Steffan Madsen, Danene Provencher, Mark Reckinger, Kelly Johnson, Frank Weiland, Ann Eberhart, Karl Weisenhorn, Todd Christopherson, Mike Hagen, John Hubler, Steve Bedeu, Gregg Towley, Chuck Carlson, Katie Hoff, Mark Hagen, Paul Meisel, Dave Peterson, Jim Turner, Gary Simmons 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 roil carl 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 opened the meeting at 7:30 p.m. 2. PLEDGE OF ALLEGIANCE 3. APPROVE AGENDA MOTION by Brown, seconded by Hanus to approve the agenda. All voted in favor. Motion carried. 4. CONSENT AGENDA MOTION by Brown, seconded by Osmek to approve the consent agenda. vote taken, all voted in favor. Motion carried. Upon roll call A. Approve Minutes of September 3rd special meeting, September 5th special meeting and September 9th regular meeting. B. Approve Payment of Claims in the amount of $374,365.93. C. RESOLUTION NO. 02-91: RESOLUTION TO APPROVE FRONT YARD SETBACK VARIANCES TO REBUILD THE EXISTING 1-STORY RAMBLER WITH TUCK UNDER GARAGE FOR THE PROPERTY LOCATED AT 2586 AVON DRIVE - P&Z CASE #02-31. D. RESOLUTION NO. 02-92: RESOLUTION TO APPROVE FRONT AND SIDE YARD SETBACK VARIANCES FOR THE CONSTRUCTION OF A DETACHED Mound City Council Minutes - September 24, 2002 GARAGE AT 4841 ISLAND VIEW DRIVE, LOTS 1 & 2, BLOCK 14, DEVON, HENNEPIN COUNTY, MINNESOTA. P&Z CASE #02-32. E. Approve Payment Request #1 to Buffalo Bituminous for work on Westedge Boulevard Street Improvement in the amount of $43,606.10. 5. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA None were offered. 6. PUBLIC HEARING - CASE #02-34 - MAHOGANY BAY, CUP AMENDMENT Sarah Smith reviewed the request from Mahogany Bay for a conditional use permit amendment to extend the timeframe for paving of the parking lot. The original CUP was approved in 2000 and amended in 2001 to extend the timeframe for completion of paving to October 1,2002. The applicant is moving forward with the required survey work, proposed paving plan, and further defining the county and city right of ways along Commerce. The City Engineer feels that if the applicant keeps working on the process they should have no trouble completing paving by the time specified in the proposed resolution. Mayor Meisel opened the public hearing at 7:47 p.m. and upon no comments being heard, closed the hearing at 7:48 p.m. MOTION by Brown, seconded by Hanus to adopt the following resolution was amended. All voted in favor. Motion carried. RESOLUTION NO. 02-93: RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT AMENDMENT WHICH ALLOWS OPERATION OF MAHOGANY BAY AT 2642 COMMERCE BOULEVARD, P & Z CASE #02-34, PID #22-112-21-14-0008 7. ACTION ON REQUEST BY GILLESPIE CENTER TO WAIVE CHARGES Mayor Meisel stated she will abstain from voting on this issue because she is on the Foundation Board. MOTION by Brown, seconded by Osmek to waive the $6891.39 in fees that the Gillespie Center for land use planning costs incurred during the development of the center. Those voting in favor: Brown, Hanus, Osmek and Meyer. Those voting against: None. Mayor Meisel abstained from voting. Motion carried. 8. TODD CHRISTOPHERSON OF AMCON ON PUBLIC SAFETY FACILITY Christopherson updated the Council on bid results, product schedule and how design is progressing. On September 4th, bids were opened for the first six contracts. He recommends rejecting bids 2-6 based on the decision to delay the project until March. He recommends accepting Bid 1 for the demolition because the Iow bidder has verified that they will hold the bid price until March 1. 2 Mound City Council Minutes - September 24, 2002 The plan is to complete the new plans and specs by November 5th and issue bids as one package, to open on December 4th. They will be brought to the Council at their first meeting in December. MOTION by Hanus, seconded by Brown to award C01 to Mac Steininger at a bid price of $37,200. All voted in favor. Motion carried. MOTION by Hanus, seconded by Osmek to reject C02-06 from bid package 1, to rebid this package November 5. All voted in favor. Motion carried. 9. PLANNING COMMISSION RECOMMENDATIONS A. Case #02-16/36 - Kelly & Veronica Johnson - 2331 Driftwood Lane - Minor Subdivision, Hardcover Variance Loren Gordon reviewed the application for a minor subdivision to receive a portion of property from the adjacent property at 4815 Bartlett Blvd. This adjustment will allow the applicants to include the gravel drive area that is located almost wholly within their property. MOTION by Osmek, seconded by Brown to adopt the following resolution as amended. All voted in favor. Motion carried. RESOLUTION NO. 02-94: RESOLUTION APPROVING A MINOR SUBDIVISION AND HARDCOVER VARIANCE FOR THE PROPERTY LOCATED AT 2331 DRIFTWOOD LANE. P&Z CASE #02-16 AND 02-36. B. Case #02-30/33 - Steve Bedell/Charles & Alice MacNamara - 5925 Ridqewood Road - Waiver of Plattinq, Variance. Sarah Smith reviewed the request for waiver of platting, submitted in order to create a new "buildable" parcel on the west side. The applicants are also requesting a variance to recognize an existing non-conforming setback of $.5 feet on the east side oalong the unimproved public parkway. MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 02-95: RESOLUTION TO APPROVE REQUEST FROM STEVE AND LYNN BEDELL AND CHARLES AND ALICE MACNAMARA FOR WAIVER OF PLATTING AND VARIANCE APPROVAL TO SUBDIVIDE LOTS 1 AND 2, BLOCK 6, THE HIGHLANDS, HENNEPIN COUNTY, MINNESOTA INTO TWO (2) LOTS. P&Z CASE #02-30 AND #02-33. PID #23-117-24-43-0039. 3 Mound City Council Minutes - September 24, 2002 10. REQUEST FROM TIM BECKER AND DALE AND LORELL BECKER TO REZONE LOTS 5-8, BLOCK 4~ REPLAT OF HARRISON SHORES FROM R-1 TO 4- lA. MOTION by Hanus, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 02-96: RESOLUTION TO DENY THE REQUEST FROM TIM BECKER AND DALE AND LORELL BECKER TO REZONE LOTS 5-8, BLOCK 4, REPLAT OF HARRISON SHORES, HENNEPIN COUNTY, MINNESOTA FROM R-1 SINGLE FAMILY RESIDENTIAL TO R-lA SINGLE FAMILY RESIDENTIAL. P&Z CASE #02-16, PID #13-117-24-22-0046 - 0050 - 0051 AND 0052. 11. PROPOSED REZONING/COMPREHENSIVE PLAN AMENDMENT- ANTHONY'S FLORAL Loren Gordon reiterated the history and background of the proposed amendment, stating that the proposed rezoning and comprehensive plan amendments were undertaken for consistency and to be in conformance with Minnesota State Statutes. Brown stated he would be in favor of R1 by the lake and R2 by Commerce, but not in favor of changing anything until there's a proposed plan for the area. Osmek agreed with the split zoning idea, but leaving it is as for the present because of the current commercial use. Hanus and Meisel also concur with the split zoning aspect, but not doing anything at the current time because of lack of a proposed plan for the area. Meyer expressed that the Comprehensive Plan states, that no matter how you look at it, there is a shortage of park land and feels that the lake side of this parcel should be considered for additional park land. Residents of Dutch Lake spoke in favor of the R1 at the lake side and R2 along the street side and wanted and suggested the council make a motion to leave the current business as is and give support in the future of the RI/R2 split. Meisel stated that's why the consensus of the Council was noted in the minutes. Hanus also commented that even if this council made that motion, it would not bind future councils. A petition was received by the City with signatures of property owners against the Comprehensive Plan change and rezoning of Anthony's Floral property to high density. City Attorney John Dean stated that there is the option of not doing anything at this time. He is not speaking in support, but it is currently zoned B1, which allows the current user to do what he's doing at the moment. Even though there is a mismatch in the current zoning and comp plan, no one is forcing that issue at this time. The Council could decide not to take any action until some sort of proposal is presented. Council consensus is not to take any action at this time. 4 Mound City Council Minutes - September 24, 2002 12. CASE #02-35 - CITY OF MOUND - LOTS 23-28~ KOEHLER'S ADDITION - WAIVER OF PLATTING MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 02-97: RESOLUTION TO APPROVE WAIVER OF PLATTING TO SUBDIVIDE LOTS 23-28, KOEHLER'S ADDITION FROM BALBOA PROPERTY LOCATED AT 5300 SHORELINE DRIVE AND CREATE A NEW TAX IDENTIFICATION NUMBER FOR THE PARCEL TO BE SUBDIVIDED AND SOLD TO THE CITY OF MOUND. PID #13-117-24-34-0100. P&Z CASE #02-35 13. WESTEDGE BOULEVARD STREET IMPROVEMENT PROJECT MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 02-98: RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ON WESTEDGE BOULEVARD PROJECT MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 02-99: RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR WESTEDGE BOULEVARD PROJECT 14. PROPOSED AMENDMENT TO CHAPTER Vi SECTION 1000 - NUISANCE ABATEMENT After discussion and comment by City Prosecutor Craig Mertz and the Council and a concerned resident, it was the decision that the council will submit their suggestions for changes in the nuisance ordinance to city staff for consideration. Staff will compile these suggestions and bring back to the Council in the next 6 weeks to 2 months. 15. SET SPECIAL MEETING WORKSHOPS MOTION by Brown, seconded by Osmek to set a special meeting with the City of Orono to discuss the fire contract on October 3, 2002, at 6:30 p.m. at City Hall. All voted in favor. Motion carried. MOTION by Osmek, seconded by Brown to set a budget workshop for October 24, 2002 at 6:30 p.m. Staff doesn't have to be present at this meeting. All voted in favor. Motion carried. 16. INFORMATION/MISCELLANEOUS a. Correspondence: Mound Westonka Schools b. Report: Charitable gambling proceeds c. Report: Finance Department through August 2002 5 Mound City Council Minutes - September 24, 2002 d. Report: Redevelopment Project Team e. LMCC Oct Schedule f. Correspondence: Westonka Healthy Community Collaborative 17. ADJOURN MOTION by Brown, seconded by Osmek to adjourn at 10:07 p.m. All voted in favor. Motion carried. Attest:Bonnie Ritter, City Clerk Mayor Pat Meisel ( 6