2005-04-12
MOUND CITY COUNCIL MINUTES
APRIL 12, 2005
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, April 12, 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, Community Development Director Sarah Smith, Public Works
Superintendent Carlton Moore, City Planner Loren Gordon, Hennepin County Assessor
Philip Jensen, Mark Oslund, Dan Guyen, Seth Redfield, Mark Hanus, Alison
Highberger, Denise Eng.
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 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 that Item 4K be amended to add the date of June 21, 2005, from 5 to
9 p.m. Beise requested the amendment of 4D from consideration of purchase
agreement to consideration of resolution authorizing eminent domain. Meisel
requested the addition of 4N, approval of amusement device licenses.
MOTION by Osmek, seconded by Specht to approve the agenda as amended. All
voted in favor. Motion carried.
4. Consent Agenda
It was noted that 4D was removed from the consent agenda and modified from
consideration of purchase agreement to consideration of Resolution Authorizing
Eminent Domain.
MOTION by Osmek, seconded by Brown to approve the consent agenda as amended.
Upon roll call vote, all voted in favor. Motion carried.
A. Approve minutes of March 22, 2005 regular meeting, March 29, 2005 special
~" meeting, and March 29, 2005 special meeting.
B. Approve claims in the amount of $318,857.44.
Mound City Council Minutes -April 12, 2005
C. RESOLUTION NO. 05-50A: RESOLUTION ACCEPTING LIVABLE
COMMUNITIES DEMONSTRATION GRANT FROM THE METROPOLITAN
COUNCIL AND APPROVING GRANT
D. (removed)
E. RESOLUTION NO. 05-51: RESOLUTION AUTHORIZING SUBMITTAL OF
GRANT APPLICATION(S) TO COUNTY, REGIONAL AND STATE AGENCIES
TO REQUEST FUNDING FOR LOST LAKE SOILS REMEDIATION
F. RESOLUTION NO. 05-52: RESOLUTION AUTHORIZING THE
INSTALLATION OF STOP SIGNS
G. Approve Transient Merchant License to Northwest Tonka Lions Club for food
Vending at Music in the Park
H. Approval Public Gathering Permit for Fishers of Men for Bass Weigh-In at
Centerview Beach on July 16, 2005
I. Approve Change Order No. 2 for Well #8 Pumphouse Contract
J. Approve "Summer Hours" for 2005 (Daylight Savings Time (Apirl 3rd) through
Labor Day (September 5).
K. Approve special meeting: Goal Setting Retreat -for Tuesday, June 21, 2005,
from 5:00 p.m. to 9:00 p.m.
L. Endorsement of 4th Annual Lake Minnetonka Association Crystal Pierz
Marine Underwater Cleanup Dive and Shoreline Cleanup
M. Approve Planning Commission Cases
1. Case No. 05-07: 4446/4452/4458 Denbigh Road: Mark and Gail Hanus Jack
and Sandy Cook, Bruce and Sharon Johnson -Subdivision Exemption -
subdivision/lot combination. Recommend approval with conditions
RESOLUTION NO. 05-53: RESOLUTION TO APPROVE SUBDIVISION
EXEMPTION APPLICATION FROM MARK HANUS FOR SUBDIVISION OF
FORMER TAX-FORFEIT PARCEL PORTION AND COMBINATION WITH
PROPERTIES LOCATED AT 4446, 4456, AND 4458 DENBIGH ROAD. PID
#19-117-23-24-0103. PSzZ CASE #05-07.
2. Case No. 05-05: 1772 Shorewood Lane: Mark Osland -Variance -
boathouse modifications: Recommend approval with conditions
RESOLUTION NO. 05-54: RESOLUTION APPROVING A LAKESIDE
SETBACK VARIANCE FOR STRUCTURAL IMPROVEMENTS TO AN
ACCESSORY STRUCTURE LOCATED AT 1772 SHOREWOOD LANE, LOT 5,
BLOCK 3, SHADYWOOD POINT, PID #13-117-24-11-0033. P&Z CASE #05-05
N. Approve Amusement Device Licenses for the American Legion, V.F.W., and
bailey's Pub, contingent upon receipt of all application forms and fees.
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Mound City Council Minutes -April 12, 2005
4D. Consideration of Resolution Authorizing Eminent Domain Proceedings
Carlton Moore explained that the owner of 2373 Chateau Lane decided not to sign the
proposed purchase agreement that had been negotiated for his property, which is
needed for the Chateau Lane water tower improvement project.
MOTION by Beise, seconded by Osmek to adopt the following resolution. The following
voted in favor: Brown, Beise, Osmek and Meisel. The following voted against: Specht.
Motion carried.
RESOLUTION NO. 05-55: RESOLUTION AUTHORIZING EMINENT DOMAIN
PROCEEDINGS TO ACQUIRE THE PROPERTY AT 2373 CHATEAU LANE FOR
CONSTRUCTION OF A NEW WATER TOWER FOR WELL #3.
5. Comments & suggestions from citizens present on any item not on the
agenda.
Lyle Childs, 6635 Halstead Avenue, appeared before the Council to ask about the
procedure involved in the closing of the trailer park where his home is located. John
Dean informed him that the whole park closure and conversion to another use is
covered by state statute and notice is required to be given to home owners within the
park, and that notice is what Mr. Childs has received. Among the next steps will be
public hearings by both the City of Minnetrista and City of Mound, because the park is
located in both jurisdictions. At that hearing input will be received from individuals
affected by the closure and everyone will be given an opportunity to be heard. If Mr.
Childs has received an offer for his property, it is from the purchaser of the park, not
from the City. The City has yet to review relocation benefit issues and determine fair
relocation fees.
6. Public Hearings
A. Retaining Wall Improvement Project 2005 -Carlton Moore reviewed the report.
1. MOTION by Brown, seconded by Osmek to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 05-56: RESOLUTION RECEIVING REPORT FOR
RETAINING WALL IMPROVEMENT PROJECT 2005.
2. Public Improvement Hearing. Mayor Meisel called the hearing to order at 7:45
p.m., and upon hearing no public comment, closed the public hearing at 7:46
p.m.
3. MOTION by Osmek, seconded by Beise to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 05-57: RESOLUTION ORDERING IMPROVEMENT AND
PREPARATION OF PLANS FOR RETAINING WALL IMPROVEMENT
PROJECT 2005.
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Mound City Council Minutes -April 12, 2005
B. Nuisance Abatement at 3207 Devon Lane
Sarah Smith summarized the situation to this point. Mayor Meisel opened the public
hearing at 8:48 p.m., and upon hearing no public comment, closed the public
hearing at 8:49 p.m.
Councilmembers agreed that the subject property is in terrible condition and needs
to be cleaned up. Discussion followed as to what time restraints to put on the
cleanup.
MOTION by Brown, seconded by Specht to adopt the following resolution. All voted
in favor. Motion carried.
RESOLUTION NO. 05-59: RESOLUTION TO AUTHORIZE STAFF TO ABATE
UNSAFE AND NUISANCE CONDITIONS AT 3207 DEVON LANE, AND ASSESS
RESULTING CHARGES AGAINST SAID PROPERTY. PID #25-117-24-11-0014.
7. Hennepin County Assessor Phil Jenson with 2005 Assessment Resort
Phil Jensen presented the Council with an assessment fact sheet, revaluation area
map, Open Book Procedures and sales photos with characteristics from a sample of
sales throughout the city. He stated that the results of property growth for the 2005
assessment areas are: Residential Off-Lake 7.6%; Residential On-Lake 15.4%;
Commercial/Industrial 4.9%; Apartments 3.9%; Condos 5.8%; Townhouses 9.7%;
Duplex 4.3%; and Zero-Lot Line 3.9%.
It was noted that the Open Book Meeting has been scheduled for Wednesday, May 4,
2005, at 4:00 p.m. at city hall.
8. Report on Soiourner Proiect, Inc.
Denise Eng, Community Program Manager of Sojourner Project, Inc., informed the
Council of the service that Sojourner Project provides for battered women and their
children in the Westonka School District area. No action needed or taken at this time.
9. Final Plat Approval for 5300 Shoreline Drive -Balboa Center
Loren Gordon presented the final plat to the Council.
MOTION by Osmek, seconded by Specht to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 05-58: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOUND GRANTING FINAL PLAT APPROVAL TO SUBDIVIDE THE PROPERTY
LOCATED AT 5300 SHORELINE DRIVE INTO TWO PARCELS. Case #05-10, PID
#13-117-24-34-0109.
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Mound City Council Minutes -April 12, 2005
10. Discussion/direction on commemorative plaque
Brown asked about the feasibility of placing a memorial plaque on the retaining wall on
CSAH 15 in honor of the construction worker who died during the project. Discussion
followed regarding contacting the family for their thoughts, as well having a brick
dedicated in the Greenway rather than on the County bridge. No action taken at this
time.
11. Executive Session for City Manager's performance evaluation
At 8:46 p.m. Mayor Meisel called for a ten minutes recess to be followed by executive
session for discussion on the City Manager's performance evaluation.
The Council reconvened after executive session. MOTION by Brown, seconded by
Beise to adopt the following resolution. All voted in favor. Motion carried.
RESOLUTION NO. 05-60: RESOLUTION AMENDING EMPLOYEE AGREEMENT
BETWEEN THE CITY OF MOUND AND CITY MANAGER, KANDIS HANSON
12. Miscellaneous/Corresaondence
A. Comments and questions by City Council Members
B. Correspondence: City appeal letter to DNR
DNR response granting variance
Congressman Jim Ramstad
LMCD
Moody's on bond rating
Paul A. Waldron & Associates, Ltd.
Resident Notice -Halstead Point Manufactured Home Park
Conversion
C. Minutes: Docks & Commons -March 17, 2005
13. Adjourn
MOTION by Osmek, seconded by Brown to adjourn at 10:15 p.m. All voted in favor.
Motion carried.
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Attest: Bonnie Ritter, City Clerk
ayor Pat Meisel
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