2005-02-08
MOUND CITY COUNCIL MINUTES
FEBRUARY 8, 2005
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, February 8, 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, City Clerk
Bonnie Ritter, Public Works Director Carlton Moore, Melody Husted, Steve Bedell,
Claudia Lacy, Marianne Andela, Robert Mack, Pam Sinchef.
Consent Agenda: All items listed under the Consenf 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
MOTON by Brown, seconded by Specht to approve the agenda. All voted in favor.
Motion carried.
4. Consent Agenda
Osmek requested the removal of 4G for discussion, and Meisel requested the removal
of 4L, 4M, and 4N.
MOTION by Beise, seconded by Specht to approve the consent agenda as amended.
Upon roll call vote, all voted in favor. Motion carried.
A. Approve minutes of January 25, 2005 and February 1, 2005 meetings.
B. Approve payment of claims in the amount of $142,780.20.
C. Approve renewal of contract with NRG Processing Solutions, LLC, for yard waste
composting.
D. RESOLUTION NO. 05-23: RESOLUTION RECOMMENDING FUNDING OF
SENIOR PROGRAMS THROUGH THE COMMUNITY DEVELOPMENT BLOCK
GRANT
E. Approve bailey's Pub Public Dance/Live Music permit renewal
at
Mound City Council Minutes -February 8, 2005
F. RESOLUTION NO. 05-24: RESOLUTION TO AUTHORIZE SUBMITTAL OF A
TRANSIT ORIENTED DEVELOPMENT (TOD) GRANT APPLICATION TO
HENNEPIN COUNTY REQUESTING FUNDING FOR PEDESTRIAN RELATED
FACILITIES TO SUPPORT THE PROPOSED PARKING DECK IN THE TRUE
VALUE TRANSIT DISTRICT IN DOWNTOWN MOUND.
G. (removed)
H. RESOLUTION NO. 05-25: RESOLUTION APPROVING THE AGREEMENT
FOR JOINT AND COOPERATIVE USE OF FIRE PERSONNEL AND
EQUIPMENT
I. RESOLUTION NO. 05-26: RESOLUTION TO AMEND RESOLUTION NO. 05-
17APPROVING 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, TO ELIMINATE
REQUIREMENTN TO RECORD TEMPORARY EASEMENT AGREEMENT
J. RESOLUTION NO. 05-27: RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2005
STREET RECONSTRUCTION PROJECT
K. RESOLUTION NO. 05-28: RESOLUTION RECOMMENDING CONTINUATION
OF CBDG FUNDING OF WESTONKA COMMUNITY ACTION NETWORK
(WeCAN)
~, L. (removed)
M. (removed)
N. (removed)
O. Set special workshops: March 29, at 6:30 p.m. for Annual Reports; and April 19,
at 6:30 p.m. for Key Financial Strategies
4G. Planning Commission Recommendation
Case No. 04-43 -Minor Subdivision - 4716 Beachside Road
Owner: Robert Mack; Applicant, Jim Bedell
Recommendation: Voted 4 to 3 to recommend approval subject to conditions
The applicant requests the division of an existing parcel into 2 buildable lots. The
property contains 20,998 square feet of area as platted, including lots 12, 13 and 14 of
Block 7, Shadywood Point. Parcel B would consist of the existing house and garage,
abutting Beachside Road and Shorewood Lane. Parcel A would be to the north of
Parcel B, with the part of the parcel coming down the westerly border of Parcel B. The
part of the parcel coming down the westerly edge of Parcel B would be used as the
driveway, entering off of Beachside Road.
The Planning Commission recommended approval on a 4-3 vote. City Staff
recommended denial because it created an awkward lot that is not in character with the
', platting of the neighborhood, with concern that the flag lot driveway creates an unusual
Mound City Council Minutes -February 8, 2005
division of land ownership that has the potential to create any number of property
issues.
Marianne Andela, a neighbor residing at 4732 Beachside Road, voiced objection to the
proposed subdivision. Her concerns were potential drainage issues, driveway traffic so
close to her house, and snow removal from the narrow drive that abuts her property.
She is disturbed that this is being done and no consideration going to her.
Jim Bedell explained that with the proposed driveway the water that originates on the
property will not go in Andela's direction.
Melody Husted, 1968 Lakeside Lane, also expressed concern over the potential
drainage and snow removal problems. Osmek informed her that there are conditions
included in the approval resolution that address the drainage concern.
MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 05-29: RESOLUTION APPROVING A MINOR SUBDIVISION FOR
THE PROPERTY LOCATED AT 4716 BEACHSIDE ROAD. P&Z CASE #04-43, PID
#18-117-23-23-0039.
Mayor Meisel stepped down because of a possible perceived conflict of interest for the
next three items. Acting Mayor Osmek presided.
4L. Approve Mound Dock and Dredpinp Contract No. 77735 Amendment from
EarthTech dated February 1, 2005 in the amount of $41,700.00.
MOTION by Brown, seconded by Specht to approve the Mound Dock and Dredging
Contract No. 77735 Amendment from EarthTech, dated February 1, 2005 in the amount
of $41,700.00, to conduct additional sediment sampling and analysis in Lost Lake
associated with the modified dock plan and requirement for the MCWD dredge
application. The following voted in favor: Brown, Specht, Beise and Osmek. The
following voted against: None. Meisel abstained from voting.
4M. Approve Barr Enaineerina Professional Services Agreement
MOTION by Brown, seconded by Specht to approve the Professional Consulting
Services Agreement and Work Order #1 submitted by Barr Engineering Company, to
conduct soils investigation testing activities on the Lost Lake Dump Site and Maxwell
Property, contingent upon the City receiving access to the Maxwell Property from
MHRD. The following voted in favor: Brown, Specht, Beise and Osmek. The following
voted against: None. Meisel abstained from voting.
Mound City Council Minutes -February 8, 2005
4N. Resolution Approving Terms of $70,000 Internal Loan
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.
RESOLUTION NO. 05-30: RESOLUTION APPROVING THE TERMS OF $70,000
INTERNAL LOAN
Mayor Meisel returned to preside over the remainder of the meeting.
5. Comments and Suggestions from citizens present on any item not on the
agenda.
Claudia Lacy, 5940 Loring Drive, Minnestrista, appeared before the Council to voice her
disapproval of a Councilmember's comments in the Laker and Sun newspapers. She
was told that the Council is not saying that they condone smoking, but that they believe
that the owners of business establishments should be able to decide for themselves if
they want their business to be smoking or non-smoking. They feel that this is not a
decision that government should make.
Pam Sinchef, 4387 Wilshire Blvd, asked the Council to consider adding more things for
teens to do in the City of Mound. It was suggested that she talk to Leah Weyker who is
'~ with the Westonka Collaborative, and was an integral part of the skate park
construction.
6. Tom May with Hennepin County Assessment Agreement
MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 05-31: RESOLUTION TO EXTEND AGREEMENT WITH
HENNEPIN COUNTY (CONTRACT No. A02901) FOR ASSESSMENT SERVICES
7. Consideration/Action on Resolution encouraQinp the Hennepin Coun
Regional Railroad Authority to expedite the development of a recreational trail on
the Dakota Rail Corridor.
MOTION by Beise, seconded by Osmek to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 05-32: RESOLUTION ENCOURAGING THE HENNEPIN
COUNTY REGIONAL RAILROAD AUTHORITY TO EXPEDITE THE DEVELOPMENT
OF A RECREATIONAL TRAIL ON THE DAKOTA RAIL CORRIDOR.
Mound City Council Minutes -February 8, 2005
8. Appointment of a liaison to the Suburban Rate Authority
MOTION by Osmek, seconded by Specht to appoint Pat Meisel to serve as the
representative on the Suburban Rate Authority, with Bob Brown being the alternate. All
voted in favor. Motion carried.
9. Miscellaneous/Correspondence
A. Minutes: Planning Commission of January 24, 2005
B. Newsletters: Gillespie Center
Lake Minnetonka Association
C. Report: Compost Site for 2004
Finance Department -Dec 2004 (preliminary)
D. Correspondence: Westonka Healthy Community Collaborative
Lake Minnetonka Conservation District
LMC Friday Fax
Lake Minnetonka Chamber of Commerce
Bancor Corp.
10. Adjourn
MOTION by Specht, seconded by Osmek to adjourn at 8:23 p.m. All voted in favor.
Motion carried.
Attest: Bonnie Ritter, City Cler
'o~/L- .
Mayor Pat Meisel