2004-07-13MOUND CITY COUNCIL MINUTES
JULY 13, 2004
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, July 13, 2004, 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, Public Works Director
Carlton Moore, Sherry Therres, Gerald & Rita Borseth, Tom Gray, Tammy Faiola, Mike
Specht, Joel Reinitz, Dan AIImaras, John Beise, Annick Pratbernon.
Consent Agenda: Ail 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 un/ess 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 Meetinq and Pledc~e of Alle_cliance
Mayor Meisel called the meeting to order at 7:30 p.m. followed by the Pledge of
Allegiance.
2. Approve Agenda
Meisel requested the addition of Item 3L, 2004 Retaining Wall Project Resolution, and
requested the removal of Item K, Cooperative Promotion Program. Hanus requested
the removal of Item G, Planning Commission Recommendation, and Hanson requested
the addition of Item 3M, Moving Council meeting from September 14 (Primary Election)
to September 15. Meyer mentioned he would like to put the Gillespie Center budget on
the next council agenda.
MOTION by Brown, seconded by Hanus to approve the agenda as amended. All voted
in favor. Motion carried.
3. Consent Agenda
MOTION by Osmek, seconded by Hanus to approve the Consent Agenda as amended.
Upon roll call vote, all voted in favor. Motion carried.
A. Approve minutes of June 8, 2004 and June 22, 2004 meetings.
B. Approve payment of claims in the amount of $983,633.48.
C. Approve Payment Request #7 from Environmental Associates, Inc. in the amount
of $66,509.50 for the Greenway Project.
D. Approve Payment Request #2 from Valley Paving in the amount of $303,509.14
for the 2004 Street Reconstruction Project
Mound City Council Minutes- July 13, 2004
E. Approve Joint Powers Agreement between the Metropolitan Council and the City
of Mound for installation, replacement and maintenance of bus stop signage.
F. RESOLUTION NO. 04-77: RESOLUTION TO DENY PETITION FROM MIKE
GARDNER AND TED METZ TO VACATE AN UNIMPROVED PORTION OF
WOODLAND ROAD ADJACENT TO THE PROPERTIES LOCATED AT 1599
BLUEBIRD LANE AND 1601 BLUEBIRD LANE BEWEEN THE WEST EDGE
OF THE STREET AND THE EAST EDGE OF THE FORMER COMMONS. P&Z
CASE #04-04: PID #13-117-24-12-0128 and #13-117-24-12-0129.
G. (removed)
H. RESOLUTION NO. 04-78: RESOLUTION ADOPTING FEE SCHEDULE
I. RESOLUTION NO. 04-79: RESOLUTION RENAMING PRECINCT 2/4
J. Approve Service Agreement between the City of Mound and Northern Hennepin
Mediation Program
K. (removed)
L. RESOLUTION NO. 04-80: RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR
RETAINING WALL IMPROVEMENT PROJECT 2004.
M. Approve moving regular Council meeting from September 14, 2004 to September
15, 2004 due to Primary Election.
3G. Planninq Commission Recommendation
Case #04-07 and 04-13 - Waiver of PlattinqNariance for 5077 Shoreline Drive -
Thomas Gray
Hanus recommended a change in wording regarding in section 1(i), to: It is the
City's intent that hardcover not exceed 30%. He also asked that l(j) be changed
to reflect that a private easement shall be prepared for the shared driveway and
recorded at Hennepin County which shall be subject to review and approval by
the City Engineer and/or City Attorney prior to release of the building permit, not
prior to the release of the resolution.
MOTION by Hanus, seconded by Brown to adopt the following resolution as
amended above. The following vote in favor: Brown, Hanus, Meisel and Osmek.
The following voted against: Meyer. Motion carried.
RESOLUTION NO. 04-81: RESOLUTION TO APPROVE WAIVER OF
PLATTING AND VARIANCE REQUEST FROM THOMAS GRAY FOR THE
PROPERTY LOCATED AT 5077 SHORELINE DRIVE TO CREATE (2) LOTS.
P&Z CASE #04-07 & 04-13. PID #13-117-24-43-0008
3K. Approval of Cooperative Promotion Proqram
Meisel expressed that she thinks the concept of this program is very good, but too early,
timing-wise. Discussion followed regarding where the funds for this program are
generated, and that it may be better to wait until the budget process is underway to
budget funds for involvement in this program.
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Mound City Council Minutes- July 13, 2004
MOTION by Brown, seconded by Osmek to defer action on this item and have it put
back on a Council agenda when the City Manager deems appropriate. The following
voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer.
Motion carried.
4. Comments & suggestions from citizens present on any item not on the agenda
None were offered.
5. Public Hearinqs and Correspondinq Action
A. Case #04-12 - Joel Reinitz (Mt. Olive Church representative) - CUPNariance -
Memorial Garden at Mt. Olive Church at 5218 Bartlett Blvd.
Sarah Smith reviewed the new drawing and changes submitted since the June 22nd
meeting. There is screen of arborvitae proposed on three sides of the garden and a
raise in elevation of 2'. The use of interment sites was also revised to allow for only
burial urns to be used measuring no more than 9x9 inches and shall be buried at
depth of 24-30 inches, and in sites 18 inches wide.
Mayor Meisel opened the hearing at 8:25 p.m. (hearing continued from June 22nd).
Gerald Borseth, 2537 Wilshire Blvd., expressed deep concerns over the location of a
memorial garden in his neighborhood.
Sherry Therres, 2521 Wilshire Blvd., stated she is against placement of the
memorial garden. In her opinion it's a cemetery and she is not comfortable living
next to a cemetery.
Ritz Borseth, 2537 Wilshire Blvd., also expressed her disapproval of placement of a
memorial garden that she will see when looking out of her dining room and kitchen.
Mayor Meisel closed the hearing at 8:52 p.m.
Osmek commented that the applicant has done a good job in revising the plans for
the garden, which addressed some of the concerns of the Council, but he still can't
vote for this and has deep concern over this type of use.
MOTION by Hanus, seconded by Brown to adopt the following resolution. The
following voted in favor: Brown, Hanus, Meisel and Meyer. The following voted
against: Osmek. Motion carried.
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Mound City Council Minutes- July 13, 2004
RESOLUTION NO. 04-82: RESOLUTION APPROVING A CONDITIONAL USE
PERMIT AND VARIANCES FOR THE PURPOSE OF A MEMORIAL GARDEN AT
MOUNT OLIVE LUTHERAN CHURCH LOCATED AT . 2t8 BARTLETT
BOULEVARD, TRACT A & PART OF BLOCK 2, SHIRLEY HILLS UNIT "D", P&Z
CASE #04-12, PID #24-117-24-21-0036.
B. Review/Adoption of new Floodplain Management Ordinance and Map and
Repeal of existing Floodplain Overlay Regulations
Sarah Smith informed the Council that according to the DNR and FEMA, the
proposed new ordinance and map need to be formally adopted no later than
September 2, 2004 for the City to remain in good standing in the federal flood
protection program. The Planning Commission unanimously voted to recommend
approval of the proposed new ordinance and map.
MOTION by Brown, seconded by Hanus to pass the following ordinance and
approve accompanying map. All voted in favor. Motion carried.
ORDINANCE NO. 06-2004: AN ORDINANCE REPEALING CITY CODE
SUBSECTION 300.15 (FLOODPLAIN OVERLAY REGULATIONS) IN ITS
ENTIRETY AND ADOPTING A NEW CITY CODE CHAPTER 300.16
(FLOODPLAIN MANAGEMENT ORDINANCE)
MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted
in favor. Motion carried.
RESOLUTION NO. 04-83: RESOLUTION APPROVING SUMMARY
PUBLICATION OF ORDINANCE NO. 06-2004.
6. Update on CSAH 15 Project by Dan AIImaras of Hennepin County
Dan AIImaras of Hennepin County Public Works appeared before the Council to update
them on the CSAH 15 Construction and Realignment Project. Challenges have arose
and been met, and the project is still on target for November 15th completion.
7. Review of structure located at 2146 Cedar Lane and applicability with zoninq
and buildinq code requirements per City Code 350.505 (Board of Adjustments and
Al~l~eals) and I~rOl~osed resolution - continued from June 22nd.
Sarah Smith reviewed the history of this item. The former Building Official deemed the
structure at 2146 Cedar Lane to be a carport which is subject to the accessory building
requirements and ordered that it be removed. Annick Pratbernon, the owner, is
requesting that the structure be considered a pergola and therefore allowed to remain.
She says she came to the City before constructing it and was told that she didn't need a
building permit. After direction by Council at the June 22® meeting, City Staff has
determined that the posts of the subject structure are 2' into the Cedar Lane right-of-
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Mound City Council Minutes -July 13, 2004
way, and the overhang encroaches another 1-2 feet more. Smith stated it is not usual
and customary to allow structures in the street right-of-way.
The discussion that followed centered around the use of the temporary structure and if it
should be deemed a pergola or a carport. John Dean read the definition of a carport
from the City Code and views the Council's findings that it is a carport, consistent with
the facts and definition as stated in the code.
MOTION by Hanus, seconded by Brown to deny the appeal based on the finding that
the structure is encroaching on public right-of-way, and that the structure's primary
purpose is determined to be that of a carport and doesn't meet the setback
requirements for a carport. Meyer feels that the structure should be allowed because
applicant was told by City that it was OK. Meisel stated she is against removing the
structure, but that it should be moved back out of the right-of-way. The following voted
in favor of the motion: Brown, Hanus and Osmek. The following voted against: Meisel
and Meyer. Motion carried.
Smith will prepare a letter to the property owner conveying the Council's decision.
Brown asked Smith if the owner could come to the Council and request a variance for
the structure and Dean stated that it is now deemed a carport and she could apply for
an after the fact variance.
MOTION by Hanus, seconded by Meisel to direct staff to bring the membrane structure
ordinance back to the council for review at the earliest practical date. The following
voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer.
Motion carried.
8. Review of proposed amendment to City Code Chapter 330 (Subdivision
Ordinance) to regulate dock lot parcels for the purpose of providing lake access
for nearby properties - continued from June 22nd.
Sarah Smith reviewed the proposed changes that resulted from discussion at the June
22® meeting. Discussion followed with regards to the proposed changes including;
inserting the notification of property owners within 350', but not using the CUP process,
the requirement of a dock parcel license, lake and street front footage requirements,
and the consequences if a property owner violates the provisions of the proposed
ordinance.
MOTION by Osmek, seconded by Brown to table action on this item until the July 27th
meeting, so that staff can prepare an ordinance with all of the suggested revisions. The
following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted
against: Meyer. Motion carried.
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Mound City Council Minutes- July 13, 2004
9. Miscellaneous/Correspondence
A. DCAC Minutes- June 17, 2004
B. Harbor Wine & Spirits Report - June 2004
C. Recap of 2004 Spring Clean-up
D. LMCD Minutes of May 26, 2004
E. Newsletter: Gillespie Gazette
F. LMCD 2005 Budget
G. Three Rivers Park District Community Needs Assessment
H. MFD Commission Meeting Minutes June 23, 2004
10. Adjourn
MOTION by Brown, seconded by Osmek to adjourn at 10:35 p.m. All voted in favor.
Motion carried.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
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