2003-11-25MOUND CITY COUNCIL MINUTES
NOVEMBER 25, 2003
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, November 25, 2003, at 7:30 p.m. in the council chambers of city
hall.
Members Present: Acting Mayor Mark Hanus; Councilmembers Bob Brown and Peter
Meyer.
Members Absent: Mayor Pat Meisel and Councilmember David Osmek.
Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk
Bonnie Ritter, Community Development Director Sarah Smith, City Engineer John
Cameron, Public Works Director Carlton Moore, Kary Davis, Jason Delaria, Don Tours,
Amy Lyon, Greg Pederson, Chris Beniek.
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
Acting Mayor Hanus called the meeting to order at 7:30 p.m.
2. PLEDGE OF ALLEGIANCE
3. APPROVE AGENDA
MOTION by Meyer, seconded by Brown to approve the agenda. All voted in favor.
Motion carried.
4. CONSENT AGENDA
Brown requested the removal of item 4D for discussion.
MOTION by Brown, seconded by Meyer to approve the consent agenda. Upon roll call
vote taken, all voted in favor. Motion carried.
A. Approve minutes of the November 10, 2003 regular meeting.
B. Approve payment of claims in the amount of $849,040.22.
C. RESOLUTION NO. 03-100: RESOLUTION TO APPROVE REQUEST FROM
KARY DAVIS AND JASON DELARIA FOR WAIVER OF PLATTING
APPROVAL PURSUANT TO CITY CODE SECTION 330.12 TO COMBINE AND
SUBDIVIDE LOTS 4,5,6 AND 7, BLOCK 5, DEVON, HENNEPIN COUNTY,
P&Z CASE #03-34, PID #30-117-23-22-0033 AND #30-117-23-22-0034.
D. (removed)
Mound City Council Minutes - November 25, 2003
RESOLUTION NO. 03-101: RESOLUTION TO APPROVE A WETLAND
CONSERVATION ACT WETLANDS REPLACEMENT PLAN APPLICATION IN
CONJUNCTION WITH THE CSAH 15/110 REALIGNMENT PROJECT
F. TAX FORFEIT PROPERTY
a. RESOLUTION NO. 03-102: RESOLUTION TO APPROVE THE
RELEASE OF TAX FORFEITED PROPERTY #19-117-23-33-0234 TO
ABUTTING PROPERTY OWNERS ONLY. APPLICANT: HENNEPIN
COUNTY TAXPAYER SERVICES DEPARTMENT.
RESOLUTION NO. 03-103: RESOLUTION TO APPROVE THE
RETENTION OF TAX FORFEITED PROPERTY #19-117-23-22-0024
FOR WETLAND PURPOSES. APPLICANT: HENNEPIN COUNTY
TAXPAYER SERVICES DEPARTMENT.
4D. APPROVE POSAC RECOMMENDATION NAMING ALWIN PARK IN LANGDON
BAY
Brown stated he suggested naming the park in Langdon Bay, Alwin Park because Rex
Alwin was such a hug contributor to this development and the park. Meyer stated that
he also served on the Planning Commission.
MOTION by Brown, seconded by Meyer to approve naming the park in Langdon Bay,
Alwin Park. All voted in favor. Motion carried.
5. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT
ON THE AGENDA - None were offered.
6. PUBLIC HEARINGS
A. Adult Establishments
Sarah Smith presented her staff report with reference to the generation of the Adult
Establishment Ordinance. Brown stated that the city is not saying they want adult
establishments in town, but they are trying to restrict where they can be located. Hanus
also commented, saying that the city is not allowed to ban these businesses, but the
proposed ordinance controls their placement.
Acting Mayor Hanus opened the public hearing at 7:45 p.m. and asked for public
comment. Upon receiving none, he closed the public hearing at 7:46 p.m.
MOTION by Brown, seconded by Meyer to pass the following ordinance. All voted in
favor. Motion carried.
ORDINANCE NO. 11-2003: AN ORDINANCE TO AMEND SECTION 350 OF THE
CITY CODE PROVIDING FOR THE REGULATION OF ADULT ESTABLISHMENTS IN
THE CITY OF MOUND.
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Mound City Council Minutes - November 25, 2003
MOTION by Brown, seconded by Meyer to pass the following ordinance. All voted in
favor. Motion carried.
ORDINANCE NO. 12-2003: AN ORDINANCE AMENDING SECTION 350 OF THE
MOUND CITY CODE AS IT RELATES TO THE ZONING ORINANCE.
7. LAND USE FEES
Sarah Smith explained that this proposed ordinance is to comply with state statutes,
which state that a city's land use fees must be in ordinance form.
MOTION by Brown, seconded by Meyer to pass the following ordinance. All voted in
favor. Motion carried.
ORDINANCE NO. 13-2003: AN ORDINANCE ADDING SECTION 380 TO THE
MOUND CITY CODE AS IT RELATES TO ESTABLISHING LAND USE FEES FOR
THE CITY OF MOUND
8. PUBLIC SAFETY FACILITY
A. FIoorin.q Contract
Don Geiger of Amcon reviewed the flooring contract and recommended approval.
MOTION by Brown, seconded by Meyer to award the contract for the public safety
facility bay flooring to TMI Coatings in the amount of $29,500. All voted in favor. Motion
carried.
B. Furnishinqs, Fixtures and Equipment (FFE) Report
Fire Chief Greg Pederson outlined the information presented to the Council on the new
proposed phone system for not only the Public Safety Facility, but also City Hall. There
is $17,200 in the budget for the Public Safety Facility, and the total estimate for the
system is $24,686.88. The allocation would be $16,540 for Public Safety and $8,147 for
City Hall. The proposed system would result in savings of about $1,000/month for city
hall and thus would pay for itself in 8 months.
MOTION by Brown, seconded by Meyer to approve purchase of the Nortel Modular ICS
Digital Phone System, in the amount of $24,686.88, to be allocated as mentioned
above. All voted in favor. Motion carried.
9. PLANNING COMIMSSION RECOMMENDATION
Case #03-50 - Variance request by Brian and Chris Beniek - 6017 Rid.qewood Rd.
Sarah Smith reviewed the case, informing the Council that the Planning Commission
had a split vote, 4 to 4, regarding approval of the variance request to add a 28' x 46'
second story addition to their home at 6017 Ridgewood Road. Because the northwest
corner of the existing house is about 19 feet from the front property line and the setback
requirement is 30 feet, a portion of the proposed second floor addition will be
nonconforming, therefore a variance is required. John Dean aided in wording a
resolution that included staff recommendations, and a stipulation that there be no net
increase in hardcover.
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Mound City Council Minutes - November 25, 2003
MOTION by Brown, seconded by Meyer to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 03-104: RESOLUTION APPROVING FRONT SETBACK
VARIANCE APPLICATION FROM BRIAN AND CHRIS BENIEK TO ALLOW
CONSTRUCTION OF A SECOND STORY ADDITION AT 6017 RIDGEWOOD ROAD,
PIT #23-117-24-43-0031, PLANNING CASE #03-50.
10. EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN REAL ESTATF
FOR REALIGNMENT OF CSAH 15
John Cameron explained that recent negotiations with Xcel Energy were promising in
resolving the real estate issue, but it was recommended by legal counsel to proceed
with the eminent domain process.
MOTION by Meyer, seconded by Brown to adopt the following resolution. Upon roll call
vote, all voted in favor. Motion carried.
RESOLUTION NO. 03-105: RESOLUTION AUTHORIZING EMINENT DOMAIN
PROCEEDINGS TO ACQUIRE CERTAIN REAL ESTATE FOR REALIGNMENT OF
COUNTY ROAD 15 AND OTHER PUBLIC PURPOSES.
11. 2004 STREET RECONSTRUCTION PROJECT
John Cameron presented the feasibility report to the Council and Jim Prosser discussed
the debt service schedule for the proposed project. It was noted that there will be a
chance to cut parts of the project in the future if the Council so chooses.
MOTION by Brown, seconded by Meyer to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 03-108: RESOLUTION RECEIVING REPORT AND CALLING
HEARING ON 2004 STREET RECONSTRUCTION PROJECT
12. INFORMATION/MISCELLANEOUS
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Correspondence: LMCD
Newsletter: Hennepin County
Minutes: POSAC - Nov 13, 2003
Correspondence: Westonka Healthy Community Collaborative
Article: Gov't reform can save only so much money
FYI: Code Enforcement Team
Update: Skate park
Letter: Met Council
Letter: WeCAN
Calendar: LMCC
Report: Finance Dept- Oct 2003
Minutes: Docks Commission - Nov 18, 2003
Report: Police Dept - Sept 2003
Report: Harbor Wine and Spirits
Mound City Council Minutes - November 25, 2003
13, ADJOURN
MOTION by Brown, seconded by Hanus to adjourn at 9:25 p.m.
Motion carried.
Attest: Bonnie Ritter, City Clerk
All voted in favor.
A~'cting Mayor Mark Hanus
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