2003-08-12MOUND CITY COUNCIL MINUTES
AUGUST 12, 2003
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, August 12, 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, City Manager Kandis Hanson,
Community Development Director Sarah Smith, City Planner Bruce Chamberlain,
Gordon Engstrand, Tim Nelson, Ernie Rosenberg, Ann Eberhart, Sharon Cook, Jerry
Henke, Pat Cline.
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
MOTION by Hanus, seconded by Osmek to approve the agenda. All voted in favor.
Motion carried.
4. CONSENT AGENDA
Osmek requested the removal of Items C1, D and F 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
Approve minutes of the July 22, 2003 regular meeting
Approve payment of claims in the amount of $315,552.14.
Planning Commission Recommendations
1. (removed)
2. Case #03-25, Gordon & Laura Engstrand, 1754 Jones Lane, Front Setback
Variance.
RESOLUTION NO. 03-71: RESOLUTION TO APPROVE A FRONT YARD
SETBACK VARIANCE TO ALLOW A COMPREHENSIVE REMODEL AND
CONSTRUCTION OF A GARAGE ADDITION AT 1754 JONES LANE. P&Z
CASE #03-32, PID #'13-117-24-22-0033.
Mound Council Minutes- August 12, 2003
Case #03-26: Ernie & Michelle Rosenberg, 4967 Wilshire BIvd - Variance for
front setback.
RESOLUTION NO. 03-72: RESOLUTION TO APPROVE A FRONT YARD
SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A DECK AT 4967
WILSHIRE BLVD. P& Z CASE #03-37. PID #24-117-24-14-0067
D. (removed)
E. Approve Payment Request #4 by Buffalo Bituminous for $22,230.89 for the
Westedge Boulevard Street Improvement Project.
F. (removed)
G. Approve Meetings
1. November 11 regular meeting rescheduled to November 10.
2. Truth in Taxation Hearing Dates: December 1,7:00 p.m., with continuation
hearing on December 8, at 7:00 p.m. if needed.
3. December 23rd regular meeting cancelled.
4C(1).
CASE #03-32: GILLESPIE FOUNDATION SIGN/MESSAGE BOARD
VARIANCE
Osmek requested that the item be removed from the consent agenda so as to add an
additional condition, to waive all fees associated with the new sign for the Gillespie
Center. He noted that while the Planning Commission had a split vote on this item, the
majority did not have a problem with the sign and its placement.
MOTION by Osmek, 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. Meyer noted that he voted against as he doesn't like that the
sign is so close to the street and creates a strip mall atmosphere. He also doesn't
believe there's a hardship present, and stated that if we're going to continually deviate
from the code, the Planning Commission and Council should have a workshop
regarding possible amendments to the code requirements.
RESOLUTION NO. 03-73: RESOLUTION TO APPROVE A SIGN SIZE VARIANCE
AND FRONT SETBACK VARIANCE TO ALLOW INSTALLATION OF A FREE-
STANDING SIGN AT THE GILLESPIE CENTER LOCATED AT 2590 COMMERCE
BLVD. P & Z CASE #03-32, PID #23-117-24-14-0138.
4D. TEMPORARY ON-SALE 3.2 BEER PERMIT AND PUBLIC DANCE/LIVE MUSIC
PERMIT: OUR LADY OF THE LAKE INCREDIBLE FESTIVAL.
Osmek removed this item and stated he believes we normally waive fees for The Our
Lady of the Lake Festival. Meisel noted that the beer license fees are not usually
waived.
MOTION BY Brown, seconded by Osmek to approve the Temporary On-sale 3.2 Beer
permit and the public dance permits as requested, for the Incredible Festival hosted by
Our Lady of the Lake Church. All voted in favor. Motion carried.
Mound Council Minutes- August 12, 2003
4F. ORDINANCE TO AMEND CITY CODE AS IT RELATES TO HOURS OF
OPERATION FOR ON-SALE LIQUOR ESTABLISHMENT.~
Osmek noted that he believes the hours of operation for bar operation should not be
regulated by the City and be up to the owners. Hanus indicated that if individual
businesses wanted to stay open, the Council could certainly entertain the proposal to
extend the hours of operation at that time.
MOTION by Hanus, seconded by Brown to pass the following ordinance. The following
voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer.
Motion carried.
ORDINANCE NO. 05-2003: ORDINANCE TO AMEND CITY CODE SECTIONS
800.00 AND 810.00 AS THEY RELATE TO HOURS OF OPERATION FOR ON-SALE
LIQUOR ESTABLISHMENTS.
5. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT
ONTHEAGENDA.
None were offered.
6. PUBLIC HEARING - 4717 ISLAND VIEW DRIVE~ ACTION TO ABATE UNSAFF
AND NUISANCE CONDITIONS
Mayor Meisel reviewed the matter, stating that it was reviewed and discussed at the
July 22nd meeting. Hanson noted that the ordinance indicates that a public hearing may
be held, therefore the City is taking the conservation approach to ensure proper
procedures.
Mayor Meisel opened the hearing and asked for public comment. Upon no comments
being offered, Mayor Meisel closed the public hearing.
MOTION by Hanus, seconded by Osmek to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 03-74: RESOLUTION TO AUTHORIZE STAFF TO ABATE
UNSAFE AND NUISANCE CONDITIONS AT 4717 ISLAND VIEW DRIVE, AND
ASSESS RESULTING CHARGES AGAINST THE PROPERTY. PID #30-117-23-22-
0052.
7. ACTION ON ORDINANCE NO. 06-2003: ELECTRIC FRANCHISE ORDINANCF
Jim Strommen of Kennedy-Graven summarized the electric franchise ordinance and fee
ordinance which have been prepared for the City. He also indicated that Pat Cline of
Xcel is present and thanked him for his ongoing work and cooperation with the City.
Strommen indicated that he is comfortable with the franchise ordinance and fee
ordinance and recommends approval. It was noted that collection would begin in
November, 2003.
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Mound Council Minutes- August 12, 2003
MOTION by Hanus, seconded by Brown to pass the following ordinance. The following
voted in favor: Brown, Hanus, Meisel and Meyer. The following voted against: Osmek.
Motion carried.
ORDINANCE NO. 06-2003: AN ORDINANCE GRANTING TO NORTHERN STATES
POWER COMPANY, D/B/A XCEL ENERGY, A MINNESOTA CORPORATION, ITS
SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE,
REPAIR AND MAINTAIN IN THE CITY OF MOUND, MINNESOTA, AN ELECTRIC
DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NECESSARY
POLES, LINES, FIXTURES AND APPURTENANCES, FOR THE FURNISHING OF
ELECTRIC ENERGY TO THE CITY, ITS INHABITANTS, AND OTHERS, AND TO
USE THE PUBLIC WAYS AND PUBLIC GROUNDS OF THE CITY FOR SUCH
PURPOSES.
8. ACTION ON ORDINANCE NO. 07-2003: IMPLEMENTING AN ELECTRIC
FRANCHISE FEE ON NORTHERN STATES POWER DIBIAI XCEL ENERGY FOI~
PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF MOUND
Discussion took place with the previous item.
MOTION by Hanus, seconded by Brown to pass the following ordinance. The following
voted in favor: Brown, Hanus, Meisel and Meyer. The following voted against: Osmek.
Motion carried.
ORDINANCE NO. 07-2003: AN ORDINANCE IMPLEMENTING AN ELECTRIC
FRANCHISE FEE ON NORTHERN STATES POWER D/B/A XCEL ENERGY
FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF MOUND.
9. ACTION AWARDING BID FOR LOST LAKE GREENWAY PROJECT
Bruce Chamberlain reviewed the bids received for the Lost Lake Greenway Project.
Bids received on July 30, 2003, ranged from a Iow of $1,147,509.10 to $1,579,079.30.
The engineer's estimated was $1,261,719.61.
MOTION by Brown, seconded by Osmek to award the contract for the Lost Lake
Greenway Project (S.P.145-090-01, TEAX2700(028)to Environmental Associates, Inc.,
in the amount of $1,147,509.10. All voted in favor. Motion carried.
10. REVIEW OF COMPREHENSIVE PLAN AMENDMENTS: PROPOSAL TO
CHANGE LAND USE FROM HIGH TO LOW DENSITY RESIDENTIAL FOR (9)
PROPERTIES IN FAIRVIEW/CHATEAU LANE NEIGHBORHOOD.
Sarah Smith summarized the proposal to amend the land use plan. In June the Council
opted not to rezone the area due to concerns raised by property owners and requested
that the land use designation be changed to Low Density Residential to coincide with
the R-2 zoning.
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Mound Council Minutes- August 12, 2003
MOTION by Osmek, seconded by Hanus to direct staff to prepare a resolution that
would amend the Comprehensive Plan (Land Use Map) to designate the properties in
question from High Density Residential to Low Density Residential. All voted in favor.
Motion carried.
POINT OF PERSONAL PRIVlLEDGE
Bob Brown noted the demolition of the Longpre building has generated a lot of
discussion and thanked the public and staff for their support.
11. INFORMATION/MISCELLANEOUS
A. Redevelopment Update (July/Aug 2003)
B. Gillespie Gazette
C. Minutes: Planning Commission - July 21,2003
D. Correspondence: Mediacom
E. Update: Mound Marketplace
F. Update: Rail elevation
G. WAFTA articles
H. Communications Law Update
I. Charitable Gambling Donation to PC facility
J. Minutes: Suburban Rate Authority
K. Minutes: LMCD
L. Report: Harbor Wine & Spirits
M. Minutes: Park & Open Space Commission - July 10, 2003
N. Update: Public Safety facility
12. ADJOURN
MOTION by Osmek, seconded by Brown to adjourn at 8:30 p.m. All voted in favor.
Motion carried.
Attest: Bonnie Ritter, City Clerk
Mayor Pat'Meis-el t
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