2005-04-26
MOUND CITY COUNCIL MINUTES
APRIL 26, 2005
The City Council for the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, April 26, 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 Kandis Hanson, Parks Superintendent
Jim Fackler, Docks Administrator Katie Hoff, Jim Roberge, Ross Bingham, John and
Linda Verkennes, Alison Highberger, Mark Hanus.
Consenf 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 the removal of item 4L from the consent agenda for discussion.
MOTION by Brown, seconded by Specht to approve the agenda as amended. All voted
in favor. Motion carried.
4. Consent Agenda
MOTION by Beise, seconded by Osmek to approve the consent agenda, minus item L.
Upon roll call vote taken, all voted in favor. Motion carried.
A. Approve minutes of April 12, 2005 and April 19, 2005 meetings.
B. Approve payment of bills in the amount of $500,546.04.
C. Payment Requests
1. Magney Construction, Inc., for $50,129.94 for work on the Well #8 Pump
House Project
2. Payment Request #7 from Valley Paving for $4,781.22 for work on the
2004 Street Reconstruction Project
D. Authorize execution of the purchase agreement with the property owner of 2373
Chateau Lane for Well #3 Water Tower Project
'~' E. RESOLUTION NO. 05-61: RESOLUTION ACCEPTING BID FOR THE
CHATEAU LANE WATER TOWER PROJECT
Mound City Council Minutes -April 26, 2005
F. RESOLUTION NO. 05-62: RESOLUTION COMMITTING LOCAL MATCH AND
AUTHORIZING CONTRACT SIGNATURE
G. Approve Barr Engineering Company Work Order No. 2 in the amount of $62,000
(to be reimbursed by MHRD)
H. RESOLUTION NO. 05-63: RESOLUTION APPROVING THE TERMS OF
$62,000 INTERNAL LOAN
I. Approve Public Gathering Permits
1. Wedding on July 30, 2005 for commons area abutting 5420 Breezy Road
2. Minnetonka Bass Club tournament weigh-in at Mound Bay Park on June 4,
2005.
J. Approve permits for Mound Fire Relief Association for Fish Fry -June 4, 2005
1. License to sell set-ups (Consumption & Display Permit)
2.. Temporary On-Sale 3.2 Malt Liquor
3. Public Dance/Life Music Permit
K. Set special meeting for review and action on Mound Harbor Renaissance
Preliminary Plat and the Lost Lake District Development Agreement: May 31,
6:30 p.m.
L. (removed)
4L. Approve Planning Commission Case No. 05-09: Richard Stai, 4900 Bartlett
Meisel stated she requested that this be removed from the consent agenda because in
the packet the address was stated as 5900 Bartlett, and should be 4900 Bartlett.
MOTION by Brown, seconded by Specht to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 05-64: RESOLUTION APPROVING A MINOR SUBDIVISION FOR
THE PROPERTY LOCATED AT 4900 BARTLETT BLVD. P&Z CASE #05-09, PID
#13-117-24-44-0033.
5. Comments and suggestions from citizens present on any item not on the
agenda. None were offered.
6. Award of Certificate of Achievement for Excellence in Financial Reporting for
Fiscal Year ended December 31 2003 to Finance Director Gino Businaro
Kandis Hanson made the presentation to Gino Businaro. He accepted and expressed
appreciation to members of the Finance Department as well as the Council.
7. Proclaim Mav 1-Mav 7 Municipal Clerks Week and Recognize City Clerk
Bonnie Ritter
Mayor Meisel read part of a proclamation declaring May 1 through May 7 as Municipal
Clerks Week.
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Mound City Council Minutes -April 26, 2005
8. Action on Resolution for Nuisance Abatement at 3207 Devon Lane
Sarah Smith gave the background of the nuisance abatement at 3207 Devon Lane.
She updated the Council, presenting a report by the CSO that was the result of an
inspection earlier today.
John and Linda Verkennes, 4771 Island View Drive, appeared before the Council to
express their disapproval of the condition of this property. They stated that there was a
dumpster sitting outside the residence all winter long and that shingles have been
stacked outside since last July. They have been hearing for years that the owner is
waiting for financing so that he can complete his project. They asked what assurance
there is now that this will be taken care of, and asked for the Council's commitment to
stay on top of this and exercise every legal right they can.
Meisel stated that the Council is committed to getting this property cleaned up and in
compliance with code. Sarah Smith stated that the Planning Commission and Council
will consider the code to see how it can be revised to make it more expedient to rectify
these situations. Examples of other cities' regulations will also be obtained and
evaluated.
MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in
r-- favor. Motion carried.
RESOLUTION NO. 05-65: 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.
9. Action on Appeal of Meyer Decision by Ross Bingham
Ross Bingham, 6101 Beachwood Road, wrote a letter requesting that the Council
reverse the decision to grant the Meyers' abutting rights for their non-abutting
homestead property (lots 15, 16, 17 and 18, Block 15, Seton Addition). By granting this
abutting status Bingham would be assigned a different dock location further down
Excelsior Commons.
Bingham appeared stating that he's had the present site for 10 years. His issue is two-
fold; (1) being moved for the wrong reason, so that someone can have abutting status
on anon-abutting parcel to make money, and (2) having this set a precedent so that
any non-abutter can request abutting rights for non-abutting homestead property.
Osmek stated that this was granted because in 1992 a member of the city staff informed
the Meyers that this parcel had abutting status.
^- Facker stated that the Council approved the dock map revisions showing the abutting
site going to Lot 18, and have a temporary dock down from there as the temporary site
for the movement of the Bingham dock.
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Mound City Council Minutes -April 26, 2005
MOTION by Beise, seconded by Brown to deny the appeal. All voted in favor. Motion
carried.
MOTION by Osmek, seconded by Brown to direct staff to indicate that Mr. Bingham has
privilege to his current location until such time that he exits the dock program, and in the
meantime if a house is built and/or is required for the parcel containing Lot 18 (the
Meyer Property) they would receive the nearest location until such time that Bingham
exists his current location, at which time that location would be deemed abutting. Brown
offered an amendment, being that the dock available now be temporarily used until such
time as it would be needed for Lot 18.
Dean expressed concern that it is arguable that the City Council is affecting the interest
of someone that has not been noticed of this meeting, being the Meyers, by saying that
they don't get the dock that's closest to their lot until Bingham vacates it, which is
contrary to the decision at the January meeting.
MOTION by Beise, seconded by Osmek to table the previous motion until such time that
all parties involved can be presented. All voted in favor. Motion carried.
10. Action on Ordinance Amending Chapter 800 as it Relates to Intoxicating
Liquor Licenses
MOTION by Brown, seconded by Beise to pass the following ordinance. All voted in
favor. Motion carried.
ORDINANCE NO. 05-2005: AN ORDINANCE AMENDING CHAPTER 800 AS IT
RELATES TO INTOXICATING LIQUOR LICENSES
11. Action on Amendment to Mound American Legion Club License
Jim Roberge, representing the American Legion, presented his request to amend the
club liquor license to include a 28' x 16' fenced-in patio in the rear of the building. He
stated that this is a temporary structure to get through the summer. They have plans to
put on an additional room to the building.
Meisel stated that the concern is that anyone has access to the patio, with only a four
foot fence surrounding it and access directly from the parking lot. Roberge stated that
liquor would not be served out there, but carried out from the interior in plastic cups.
There was discussion regarding having all patrons use the Wilshire access, which
would force them to access the patio from the inside of the building only.
A resolution will be prepared for consideration at the next meeting that will spell out
some proposed conditions for the amended club liquor license.
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Mound City Council Minutes -April 26, 2005
12. Update on Dump Remediation Project
Sarah Smith gave the Council an update, stating that we are working on permitting and
contracts for the remediation work and hauling. Required permits have been obtained
from the DNR, the LMWD, and the LMCD.
13. Miscellaneous/Correspondence
A. Comments and questions by City Council Members -None.
B. Minutes: Lake Minnetonka Conservation District
C. Correspondence: LMC Friday Fax
D. Reports: Finance Department -March 2005
Update on Mobile Home Court closure
14. Adjourn
MOTION by Brown, seconded by Osmek to adjourn at 8:57 p.m. All voted in favor.
Motion carried.
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Attest: Bonnie Ritter, City Clerk
"tom ~!G~ /
Mayor Pat Meisel ~ ~
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