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2005-01-25 MOUND CITY COUNCIL MINUTES JANUARY 25, 2005 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January 25, 2005, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise, and David Osmek. Others Present: City Attorney John Dean, City Manager Kandis Hanson, Community Development Director Sarah Smith, Parks Director Jim Fackler, City Planner Loren Gordon, Public Works Director Carlton Moore, City Engineer Bryan Oakley, Alison Highberger, Victoria Pawlowski, Aurora Fenzl, Greg Fenzl, Tamra Teig Kjos, Connie Meyer, Cheryl Martin, Sgt. Mike Sussman and family, Police Chief Jim Kurtz, Lt. John McKinley, Zach Petz, Nick Schwalbe, Butch & Shirley Hawks, Brad Schoenherr, Rick Bloomquist, Chuck Alcon. Consent Agenda: All items lisfed 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 even 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 Item 13A, Update on call received from local business person Jim Robinette, requesting a workshop with the Council. Meisel also requested the removal of 5C from the consent agenda. MOTION by Osmek, seconded by Beise to approve the agenda as amended. All voted in favor. Motion carried. 4. Swearing-in of Sgt. Mike Sussman Police Chief Kurtz introduced Sgt Sussman and his family, followed by the swearing-in. 5. Consent Agenda MOTION by Beise, seconded by Brown to approve the consent agenda with the exception of 5C. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of January 11, 2005 ____ B. Approve payment of claims in the amount of $559,694.79. C. (removed) D. Re-appointment of John Schwinger to a 3-year Planning Commission term Mound City Council Minutes -January 25, 2005 5C. Action on Resolution Restating Council's Position on Hennepin County Smoke-Free Ordinance #24. Meisel suggested a wording change in the proposed resolution. MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-15: RESOLUTION EXPRESSING OPPOSITION TO HENNEPIN COUNTY SMOKE-FREE ORDINANCE #24. 6. Suggestions and comments from citizens present on any item not on the agenda. Tamra Kjos, 1025 W. Cove Lane, Minnetrista, appeared before the Council to urge them to reconsider the action taken on the smoke-free ordinance. She provided various statistics and information regarding the harms of smoking and second-hand smoke. Connie Meyer, 4731 Carlow Road, thanked the Council for their action at the last meeting regarding their abutting property status and presented the survey that was asked for at that meeting. Mike Rutherford, Casco Point, representing Save the Grand Hotel Citizens Committee, informed the Council that he and others are interested in seeing that the hotel project proceeds and has architects wanting to be involved in the project. John Dean explained to him that the appropriate channel is to contact Mound Harbor Renaissance Development regarding their proposal because MHRD has site control of the Auditor's Road portion of the downtown redevelopment. 7. Public Hearing and Action on Ordinance Sarah Smith reviewed the proposed ordinance as it designates setbacks for membrane structures. Meisel opened the public hearing at 8:07 p.m. and with no public comment being offered, closed the public hearing at 8:08 p.m. MOTION by Brown, seconded by Specht to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 03-2005: ORDINANCE AMENDING SECTION 350.435 (ACCESSORY BUILDINGS) OF THE MOUND CITY CODE (ZONING ORDINANCE) TO REQUIRE MINIMUM SETBACK OF THREE (3) FEET ON ALL SIDES FOR MEMBRANE STRUCTURES LOCATED IN COMMERCIAL AND INDUSTRIAL DISTRICTS AND ACCESSORY BUILDING SETBACKS FOR MEMBRANE STRUCTURES WHICH ARE LOCATED IN RESIDENTIAL ZONING DISTRICTS. 2 Mound City Council Minutes -January 25, 2005 8. Action on Resolution Accepting Bid for Well #8 Pumphouse Construction Carlton Moore recommended awarding the full contract and coming back with a change order because they think they can buy the generator for significantly less. MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-16: RESOLUTION ACCEPTING BID FOR WELL #8 PUMP HOUSE 9. Planning Commission Recommendations Public Hearing on Case 04-44 & 04-48 -Conditional Use Permit and Sign Variance for Tokyo Express, 5205 Shoreline Blvd. Sarah Smith reviewed the request for a conditional use permit to allow a Class II sit down restaurant and drive-thru to be located at 5205 Shoreline Blvd. The applicants are also requesting a sign variance to reuse the existing pylon structure formerly used by Hardees. Mayor Meisel opened the public hearing at 8:17 p.m. Robert Nelson of Shoreview, owner of the building, stating that there was concern regarding the illuminated sign and stated that the latest it would be on during the summer would be 10 p.m., but ordinarily it would be 9 pm After that just the security lights would be on. Mayor Meisel closed the public hearing at 8:20 p.m. MOTION by Osmek, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-17: RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT AND SIGN VARIANCE APPLICATION (S) FROM DAN NGUYEN AND PHI TRAN ON BEHALF OF TOKYO EXPRESS TO ALLOW A CLASS II RESTAURANT AND DRIVE-THRU TO BE LOCATED AT 5205 SHORELINE DRIVE. P&Z CASE #04- 44 AND 04-48. PID #13-117-24-43-0111. Meisel stepped down as Mayor and turned the meeting over to Osmek because of a possible perceived conflict of interest, as she owns property in the redevelopment area. 10. Action on Resolution Adopting the Mound Visions AUAR and Mitigation Plan Loren Gordon reviewed the AUAR process and stated that all concerns voiced during the review period have been adequately addressed. MOTION by Brown, seconded by Beise to adopt the following resolution. The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. Motion carried. 3 Mound City Council Minutes -January 25, 2005 RESOLUTION NO. 05-18: RESOLUTION ADOPTING A FINAL ALTERNATIVE URBAN AREAWIDE REVIEW (AUAR) AND MITIGATION PLAN FOR THE MOUND VISIONS REDEVELOPMENT PLAN 11. Action on Lost Lake Townhome Project A. MOTION by Beise, seconded by Brown to adopt the following resolution. The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. Motion carried. RESOLUTION NO. 05-19: RESOLUTION AUTHORIZING SUBMITTAL OF "MODIFIED" DOCK APPLICATION AND VARIANCE TO THE LAKE MINNETONKA CONSERVATION DISTRICT (LMCD) FOR DOCKS TO BE CONSTRUCTED IN THE LOST LAKE DISTRICT AS PART OF THE MOUND HARBOR RENAISSANCE REDEVELOPMENT PROJECT (MHRD) B. MOTION by Beise, seconded by Brown to adopt the following resolution. The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. Motion carried. RESOLUTION NO. 05-20: RESOLUTION AUTHORIZING SUBMITTAL OF A DREDGE PERMIT APPLICATION TO THE MINNEHAHA CREEK WATERSHED DISTRICT (MCWD) ASSOCIATED WITH THE NEW DOCKS TO BE CONSTRUCTED IN THE LOST LAKE DISTRICT AS PART OF THE MOUND HARBOR RENAISSANCE REDEVELOPMENT PROJECT (MHRD) C. MOTION by Brown, seconded by Specht to adopt the following resolution. The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. Motion carried. RESOLUTION NO. 05-21: RESOLUTION AUTHORIZINNG SUBMITTAL OF AN AQUATICS PERMIT APPLICATION TO THE DNR ASSOCIATED WITH THE NEW DOCKS TO BE CONSTRUCTED IN THE LOST LAKE DISTRICT AS PART OF MOUND HARBOR RENAISSANCE REDEVELOPMENT PROJECT (MHRD) 12. Action on Resolution Calling for a Public Hearing on Tax Increment Districts MOTION by Brown, seconded by Specht to adopt the following resolution. The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. Motion carried. RESOLUTION NO. 05-22: RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY ON THE PROPOOED MODIFICATION OF DEVELOPMENT DISTRICT NO. 1; THE PROPOSED ELIMINATION OF PARCELS FROM TAX INCREMENT FINANCING DISTRICT 1-2; AND THE PROPOSED ESTABLISHMENT OF THE 4 Mound City Council Minutes -January 25, 2005 MOUND HARBOR TAX INCREMENT FINANCING DISTRICT THEREIN AND THE ADOPTION OF THE TAX INCREMENT FINANCING PLAN THEREFOR. Mayor Meisel returned to preside over the remainder of the meeting. 13. Update by Manor Meisel on meeting with Manors of Miinnetrista and Spring Park Mayor Meisel informed the Council that she has met with the Mayors of Minnetrista and Spring Park regarding the Gillespie Center. It was the consensus of the Council to have her continue these meetings at which ideas are being presented as to how area cities can help the Gillespie Center succeed. 13A. Update on Call Received from Local Business Person, Jim Robinette Meisel informed the Council that she had a call from Jim Robinette who requested that the City Council sit down with business owners in a workshop setting to discuss future development in the downtown area. MOTION by Brown, seconded by Osmek to set a special workshop for February 15, 2005, at 7:00 p.m. , to take place in the council chambers of city hall. All voted in favor. Motion carried. 14. Executive Session regarding John M. Anderson, et al, v. City of Mound John Dean explained that the Council would now go into executive session to discuss an upcoming settlement conference in the John M. Anderson, et al, v. City of Mound case. The Council went into executive session at 9:05 p.m. The Council reconvened in regular session at 9:37 p.m. John Dean explained that they have concluded the executive session where the Council met with their legal counsel to discuss strategies for the February 4th conference. 15. Miscellaneous/Correspondence A. LMC Friday Fax B. Financial Report -December 2004 C. Ehlers Advisor 16. Adiourn MOTION by Osmek, seconded by Brown to adjourn at 9:39 p.m. All voted in favor. Motion carried. _ -~JZc~ G:c~-l , Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 5