2003-05-13MOUND CITY COUNCIL MINUTES
MAY 13, 2003
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, May 13, 2003, 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, Building Official Matt
Simoneau, City Planner Loren Gordon, Parks Director Jim Fackler, Ryan Masica, Henry
& Donna Sandoval, Charlotte Reynolds, Pete Dean, Bob Bittle, Marty Sarempa, Ann
Eberhart, Amy Dougherty, Jim Albrecht, Bruce Johnson, Grant Johnson, Guy Johnson,
Carl Johnson, Jack Cook
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
Mayor Meisel called the meeting to order at 7:30 p.m.
2. PLEDGE OF ALLEGIANCE
3. APPROVE AGENDA
Hanson requested that item 11, Action Awarding Bid for Well, be deleted.
MOTION by Hanus, seconded by Osmek to approve the agenda as amended. All voted
in favor. Motion carried.
4. CONSENT AGENDA
Meisel requested removing 4G and Hanus requested removing 4F from the consent
agenda.
MOTION by Brown, seconded by Osmek to approve the consent agenda as amended.
Upon roll call vote taken, all voted in favor. Motion carried.
A. Approve minutes of April 22, 2003 regular meeting and May 6, 2003 special
meeting.
B. Approve Payment if Claims in the amount of $409,575.25.
C. Approve waiver of fees for free standing sign for Giliespie Center
Mound City Council Minutes- May 13, 2003
D. RESOLUTION NO. 03-41: RESOLUTION TO APPROVE REQUEST FROM
BETHEL UNITED METHODIST CHURCH FOR WAIVER OF PLATTING -
APPROVAL TO COMBINE AND SUBDIVIDE THE PROPERTIES LOCATED
AT 2116 COMMERCE BLVD AND 2117 FERM LANE INTO TWO (2) LOTS
E. Approve appointment to Planning Commission of Jon Schwingler
F. (removed)
G. (removed)
H. Approve tree removal license for Tall Timber Tree Experts, Inc.
I. RESOLUTION NO. 03-42: RESOLUTION REAFFIRMING THE
AUTHORIZATION OF CITY SPONSORSHIP OF STATE GRANT-IN-AID
SNOWMOBILE TRAIL FUNDS
J. Approve one-day permit to allow 3.2 beer/wine in Mound Bay Park for City
Employee Appreciation Day on July 31.
4F. APPROVE PC CASE #03-21: MIKE CHITKO~ 3301 WARNER RD. - VARIANCF
Hanus offered suggestions for changes in the presented resolution.
MOTION by Brown, seconded by Hanus to adopt the following resolution as amended.
All voted in favor. Motion carried.
RESOLUTION NO. 03-43: RESOLUTION TO APPROVE FRONT SETBACK
VARIANCE FOR THE CONSTRUCTION OF A GARAGE ADDITION AT 3301
WARNER ROAD - P & Z CASE #03-31. PID #25-117-24-21-0166.
4G. APPROVE EXTENSION OF CBD PARKING PROGRAM
Mayor Meisel asked that this be removed from the Consent Agenda because she will
abstain from voting on this item because of her ownership of property within the CBD.
MOTION by Brown, seconded by Osmek to approve the extension of the CBD Parking
Program until June 30, 2004. The following voted in favor: Brown, Hanus, Osmek and
Meyer. The following voted against: None. Mayor Meisel abstained from voting.
Motion carried.
5. COMMENTS & SUGGESTIONS FROM ClTI7~=NS PRESENT ON ANY ITEM NOT
ON THE AGENDA
None were offered.
6. REVIEW/ACTION OF PROPOSED NEW HOUSING CODE BY BUILDINC-.
OFFICIAL
Simoneau informed the Council that the new State Building Code became effective
March 31, 2003, and that the new code includes International Model Codes. One of the
documents contained in this new suite of codes is the International Property
maintenance Code which is not included as part of the State Building Code.
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Mound City Council Minutes - May 13, 2003
MOTION by Osmek, seconded by Brown to approve replacing the current City Code
Section 319 HOusing Maintenance Regulations for Rental Properties with the 2000
edition of the International Property Maintenance Code (IPMC), as requested by City
Staff. All voted in favor. Motion carried.
7. ACTION ON ALLOCATION OF DOCK TO MOUND FIRE AND RESCUE
Jim Fackler reviewed the request of the Mound Fire Department for a slip site within the
dock program. Carlson Park has multiple docks and one of the ten sites became
available this year. Discussion followed as to who should pay for this slip.
MOTION by Brown, seconded by Osmek to approve a dock slip at Carlson Park for the
Mound Fire Department Rescue boat, with the dock fee this year coming from the City
Council conference budget, and the subsequent years' fees being budgeted for by the
Fire Department. All voted in favor. Motion carried.
8. ACTION ON DOCK APPLICATION REQUEST BY MARTIN SAREMPA- 5446
BARTLETT BLVD.
Sarah Smith reviewed the request, stating that the issue was raised at the Apirl 8th
council meeting as to if there are cOvenants or restrictions noted on the deed that would
limit a dock structure. The Certificate of Title doesn't note any restrictions, but the
Warranty Deed has not yet been reviewed. The applicant stated that if there are
restrictions discovered he will cease using the dock, and also that the dock will be used
by the renter of the residence only.
MOTION by Brown, seconded by Osmek to adopt the following resolution that allows a
dock to be placed at 5446 Bartlett Blvd., contingent that nothing comes back from the
Warranty Deed search that would indicate a restriction for dock placement, and if such
restriction is found the applicant must remove said dock. All voted in favor. Motion
carried.
RESOLUTION NO. 03-44: RESOLUTION TO APPROVE A REQUEST BY MARTIN
SAREMPA FOR A DOCK AT 5446 BARTLETT BOULEVARD, MOUND, MN
9. REVIEW/ACTION ON REQUEST FOR RELEASE OF PORTION OF TAX FORFEIT
PARCEL - HANUS/COOK/JOHNSON - 4400 BLOCK OF DENBIGH ROAD
Mark Hanus stepped down as Councilmember for discussion and action on tills item.
Sarah Smith reviewed the request to consider release of a portion of a Hennepin
County tax-forfeit parcel (Lot 29) that lies between the applicants' extended side lot lines
and the 929.4 Ordinary High Water Mark (OHWM). The Planning Commission voted 5-
2 to approve the release and the Docks and Parks Commissions voted unanimously to
approve release.
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Mound City Council Minutes- May 13, 2003
Osmek pointed out that this parcel was never owned by the City, never included in the
City's parks system and usable by abutters only. Meisel stated that losing this parcel
won't hurt the dock program and only abutters can use it - that's why she's OK with the
release. Meyer stated that he's concerned with the perception to the public that the
Council is releasing public commons to a group that includes a City Councilmember.
was noted that this group followed all of the procedures and went through the various
advisory commissions, just like any other applicant.
MOTION by Osmek, seconded by Brown to adopt the following resolution as amended.
The following voted in favor: Brown, Meisel and Osmek. The following voted against:
Meyer. Motion carried. (Hanus did not vote on this item as he had stepped down from
the Council for discussion and action on this item)
RESOLUTION NO. 03-45: RESOLUTION AUTHORIZING HENNEPIN COUNTY TO
BEGIN PROCESS TO RELEASE PORTION OF TAX-FORFEIT PARCEL. PID #19-
117-23-24-0047.
Hanus returned to his seat on the Council.
10. PLANNING COMMISSION RECOMMENDATIONS
10A. Case No. 03-12: Jim and Mary Albrecht- 4701 Aberdeen Rd.- Variance,
Loren Gordon reviewed the request to build a two-stall detached garage with a 10 foot
setback from Roanoke Lane. The garage doom would face Roanoke. The Planning
Commission recommended denial of this request, with their main concerns being
hardcover and the orientation of the garage doom. Discussion followed regarding the
feasibility of having a side-load garage. It was noted that staff recommends approval of
this variance request because there will not be a net increase in hardcover on the site
and the City Engineer will address any drainage issues to Roanoke.
MOTION by Meyer, seconded by Meisel to direct staff to prepare a resolution granting
the variance with conditions as noted by staff, with said resolution to be considered at
the May 27th meeting. All voted in favor. Motion carried.
10B. Case No. 03-11/03-17: Mark Stone- 6380 Bay Ridge Road- Minor Subdivision
and Variance
Loren Gordon gave an overview of his Executive Summary and stated that this case
involves a lot split that would create an additional conforming parcel with the exception
of improved roadway frontage. The Planning Commission recommended denial of
these requests.
Charlotte Reynolds, 6385 Bay Ridge Road, voiced her opposition to the subdivision, as
did Henry Sandaval of 6370 Bay Ridge Road and Carl Johnson of 6347 Bay Ridge
Road.
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Mound City Council Minutes - May 13, 2003
MOTION by Brown, seconded by Osmek to direct staff to draft a resolution for adoption
at their next meeting, denying the request for a minor subdivision and variance. All
voted in favor. Motion carried.
11. (removed)
12. ACTION AMENDING FEE RESOLUTION ADOPTING STREET LIGHTING FEE
There was lengthy discussion regarding the implementation of a street lighting fee to
offset the cost of the street lights. Meisel stated that she would like to see the fee
implemented now because we know there are going to be cuts this year, followed by
even more next year. Some councilmembers want to see more budget cuts before
they're willing to adopt more fees, and have it come to them as a package deal.
MOTION by Brown, seconded by Osmek to table action on this item until May 27th and
have City Staff report on justification of replacing Police Officers, weed spraying, and
the timeframe for the overlap of a full time City Engineer and Consulting Engineer. The
following voted in favor: Brown, Hanus and Osmek. The following voted against:
Meisel and Meyer. Motion carried.
13. ACTION DIRECTING STAFF TO PROPOSE CONTRACTS FOR GAS AND
ELECTRIC FRANCHISE AGREEMENTS
MOTION by Osmek, seconded by Hanus to table this item until May 27th, and bring
back with the budget cuts/street lighting fee package. The following voted in favor:
Brown, Hanus and Osmek. The following voted against: Meisel and Meyer. Motion
carried.
14. SET SPECIAL MEETING TO AWARD BONDS FOR 2003 PROJECTS
MOTION by Brown, seconded by Hanus to set a special meeting for awarding of bonds
for the 2003 projects for Thursday, May 29, at 6:30 p.m. All voted in favor. Motion
carried.
15. ACTION ON RESOLUTION EXTENDING CONTRACT AND SETTING SALARY
FOR CITY MANAGER
The City Council went into executive session at 10:11 p.m. and resumed to open
session at 10:55 p.m.
MOTION by Osmek, seconded by Hanus to table any action on this item until the May
27th meeting. All voted in favor. Motion carried.
16. INFORMATION/MISCELLANEOUS
A. LMC Friday Fax
B. FYI: LMCIT Insurance Renewal
C. Letter: Metropolitan Council
D. Correspondence: LMCD
E. Letter: Hennepin County Sheriff's Office
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Mound City Council Minutes- May 13, 2003
F. Report; Harbor Wine & Spirits -April 2003
G. Newsletter: Gillespie Center
H. Report: Finance Department- March 2003
I. Memo: Minnesota Institute of Public Finance, Inc.
J. Report: LMCD Update by Mound Rep Orv Burma
K. Report: Public Safety Facility
L. FYI: Charitable gift-American Legion
M. LMCC Calendar- May 2003
N. Minutes: DCAC - April 17, 2003 (2)
O. Newsletter: Lake Minnetonka Association
P. Memo on Senator Coleman event
Q. Paint-A-Thon Update
R. Financial Reports - April 2003
17. ADJOURN
MOTION by Brown, seconded by Osmek to adjourn at 11:05 p.m. All voted in favor.
Motion carried.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
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