2003-07-22MOUND CITY COUNCIL MINUTES
JULY 22, 2OO3
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, July 22, 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 Jim Strommen, Acting City Manager Gino Businaro,
Community Development Director Sarah Smith, Building Official Matt Simoneau, Arne
Hendrickson, Scott Bischke, Dan Gleason
Consent Agenda: Afl 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 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
Meisel requested the addition of 5A, Franchise Fee Ordinance Amendment.
Businaro requested the addition of 6A, Public Safety Facility Construction & Parking
Changes
MOTION by Brown, seconded by Osmek to approve the agenda as amended. All voted
in favor. Motion carried.
4. CONSENT AGENDA
Mayor Meisel asked that F be removed to add a fax that was received after the packets
were sent out.
Osmek asked to remove item D and Meyer requested the removal of B and E.
MOTION by Hanus, seconded by Osmek to approve the consent agenda as amended.
All voted in favor. Motion carried.
A. Approve minutes of July 8, 2003
B. (removed)
Mound Council Minutes - July 22, 2003
Planning Commission Recommendations
1. RESOLUTION NO. 03-67: RESOLUTION TO APPROVE A FRONT
YARD SETBACK AND HARDCOVER VARIANCE TO ALLOW
CONSTRUCTION OF A DETACHED GARAGE AT 4925 DRUMMOND
ROAD. P&Z CASE #03-12, PID #25-117-24-11-0105.
RESOLUTION NO. 03-68: RESOLUTION TO APPROVE A REAER
YARD SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A
DECK AT 4711 MANCHESTER ROAD. P&Z CASE #03-28, PID #19-
117-23-32-0221.
D. (removed)
E. (removed)
F. (removed)
G. Approve Valley Paving's Payment Request No. 1 for $104,533.13 for the 2003
Street Project.
H. Approve special budget workshops for August 25 at 6:30 p.m., with September 2,
at 6:30 p.m. as possible second date if needed.
4B. APPROVAL OF CLAIMS
Meyer questioned the claim for MetroPlains for liquor store legal fees, in the amount of
$7,000. Businaro explained that additional costs were incurred with the Liquor store,
which the City owns. MetroPlains claimed that the city has ownership and should share
in these costs. The original claim was for $20,000 and it was negotiated down to
$7,000.00. It was noted that a compromise was suggested rather than incurring
additional costs through a legal process.
MOTION by Osmek, seconded by Brown to pay the claims in the amount of
$1,007,824.74. The following voted in favor: Brown, Hanus, Meisel and Osmek. The
following voted against: Meyer. Motion carried.
4D. TEMPORARY SIGN PERMIT FOR OUR LADY OF THE LAKE
Osmek requested that that the temporary sign fee of $55.00 be waived for the sign for
the Incredible Festival put on by Our Lady of the Lake Church on September 13 and 14.
MOTION by Osmek, seconded by Brown to approve the temporary sign permit applied
for by Our Lady of the Lake Church, waiving the $55.00 fee. All voted in favor. Motion
carried.
4E. PUBLIC LANDS PERMIT FOR VILLAGE BY THE BAY
Meyer indicated he would like a vocal vote for the three extra lights at the entrance of
Village by the Bay, as he feels there is not additional need for extra lights. Hanus
commented that the request received unanimous approval from the Parks and Open
Space Commission.
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Mound Council Minutes - July 22, 2003
MOTION by Hanus, seconded by Brown to adopt the following resolution. The
following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted
against: Meyer. Motion carried.
RESOLUTION NO. 03-69: RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT
FOR THE VILLAGE BY THE BAY, LLC, 5710-5740 VILLAGE TRAIL AND 2100 OLD
SCHOOL ROAD.
4F. APPROVE RELEASE OF TAX FORFEIT PROPERTY
Meyer requested that a letter received by fax on 7/22 from Tom Casey be read and
entered into the record. Osmek and Brown indicated that the letter is on file with the
City and is public.
Sarah Smith reviewed the City's policy of tax-forfeit requests. Based on recent
discussions with Hennepin County, written notification is done following action by the
City Council.
Hanus stated that the property is not on the park inventory, is not listed as a City Park,
and notification efforts will be done by Hennepin County.
MOTION by Meisel, seconded by Brown to adopt the following resolution subject to staff
verification that this parcel is not on the park inventory. The following voted in favor:
Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion
carried.
RESOLUTION NO. 03-70: RESOLUTION TO APPROVE THE RELEASE OF TAX
FORFEITED PROPERTY PID 24-117-24-41-0136 TO ADJACENT PROPERTY
OWNERS ONLY. APPLICANTS: SCOTT AND KRISTINE BISCHKE
5. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT
ON THE AGENDA
None were offered.
5A. MINNEGASCO FRANCHISE FEE
Jim Strommen of Kennedy-Graven reviewed the proposed ordinance amendment,
stating that the Minnegasco franchise fee will be collected beginning in September,
which is the earliest that the administrative work can be completed. Arne Hendrickson
of Center Point/Minnegasco asked the Council to consider reviewing this issue in a few
years in case things change with the City's need for this fee. Meisel stated that is the
City's intent.
MOTION by Brown, seconded by Hanus to pass the following ordinance. The following
voted in favor: Brown, Hanus, Meisel and Meyer. The following voted against: Osmek.
Motion carried.
Mound Council Minutes - July 22, 2003
ORDINANCE NO. 05-2003: AN ORDINANCE IMPLEMENTING A GAS FRANCHISE
FEE ON CENTERPOINT ENERGY MINNEGASCO FOR PROVIDING GAS SERVICE
WITHIN THE CITY OF MOUND.
6. CONSIDERATION/ACTION ON AUTHORIZATION TO STAFF FOR THE
ABATEMENT OF UNSAFE & NUISANCE CONDITIONS AT 4717 ISLAND VIEW
DRIVE~ ASSESSING CHARGES AGAINST THE PROPERTY
Council reviewed the nuisance issue at 4717 Island View Drive as prepared by the
Community Services Officer. Matt Simoneau indicated that the CSO has had limited
contact with the property owner, but in general the owner has been unresponsive.
Osmek indicate that residents shouldn't have to put up with conditions like this in their
neighborhoods, and coming to the city for resolution is the way to handle circumstances
like this.
MOTION by Osmek, seconded by Brown direct staff to proceed with the abatement
process and assess subsequent charges to the property. All voted in favor. Motion
carried.
6A. PUBLIC SAFETY FACILITY CONSTRUCTION & PARKING CHANGES
Businaro offered a reminder that the upper parking lot to the South of City Hall will be
completely closed for 2-3 weeks and parking will be on the North side, with note that
stalls are reserved in that area for Police vehicles. There is also a drop-off box for utility
bills on the North side.
7. INFORMATION/MISCELLANEOUS
A. Letter: Orv Burma, LMCD Rep
B. Report: Finance Department- June 2003
C. Letter: Metropolitan Council
D. Report: Public Safety Facility Report
E. Report: Harbor Wine & Spirits - July 2003
F. 2002 Census Estimate: Metropolitan Council
G. Letter: Sylvia Ogren
H. Article: Missile site cleanup sought
I. Letter: 2003 Street Reconstruction
J. LMCC August Schedule
K. MN Department of Transportation 10 year plan
L. Report: Police Department: June 2003
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Mound Council Minutes - July 22, 2003
8, ADJOURN
MOTION by Brown, seconded by Hanus to adjourn at 8:30 p.m. All voted in favor.
Motion carried.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel