2005-08-23
MOUND CITY COUNCIL MINUTES
AUGUST 23, 2005
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, August 23, 2005, at 7:30 p.m. in the council chambers of city hall.
Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht and
John Beise.
Members Absent: Councilmember David Osmek.
Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk
Bonnie Ritter, Community Development Director Sarah Smith, Brad Goranson, Ellen
Cowell, Terry Starkey, Sharon Cook, Liz Jensen, Cathy Bailey, Jen and Brad Searl,
Diane Rosencranz, Tom Niccum, Rhonda and Greg Eurich, Daniel hart, Brian
Bergquist, Scott Eccles, Tim and Shelly Belivieu, Ted Metz.
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. Thee will be no
separate discussion on these items unless 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 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 4G from the consent agenda as requested by the
applicant. She also requested moving Item 9 to 6A.
MOTION by Specht, seconded by Beisel to approve the agenda as amended. All voted
in favor. Motion carried.
4. Consent Agenda
MOTION by Beise, seconded by Specht to approve Items 4A-4F of the consent agenda.
Upon roll call vote, all voted in favor. Motion carried.
A. Approve minutes of August 9, 2005.
B. Approve payment of claims in the amount of $553,948.38.
C. Set special City Council meeting to discuss the Docks Program, for September 7,
2005 at 6:30 p.m.
D. RESOLUTION NO. 05-117: RESOLUTION AUTHORIZING EXECUTION OF
SANITARY SEWER EASEMENTS.
Mound City Council Minutes -August 23, 2005
E. Approve Payment Request #1 from Veit & Company in the amount of
$1,166,724.45 for the Lost Lake Dump Response Actions.
F. ORDINANCE NO. 14-2005: AN ORDINANCE AMENDING CHAPTER 330 OF
THE CITY CODE AS IT RELATES TO PLATTING AND SUBDIVISION
REGULATIONS.
G. (removed)
4G. Planning Commission Recommendation
Case #05-39 -Variance(s) for construction of new single-family dwelling at 4798
Northern Road.
Sarah Smith reviewed the variance(s) application submitted by Brad and Jennifer
Totoritis-Searl to construct a new 2-story single family dwelling at 4798 Northern
Road. Brown commented that he has a problem with granting approval to construct
a home on a 3,000 sq. ft. lot. Smith stated that the lot size is already a non-
conforming condition and sees the floodplain and lakeshore improvement as very
favorable improvements. This is an existing lot of record and was platted at its
present size.
Gene Hostetler, architect for the applicant stated that they would like to go back to
the 22' width for the house instead of the revised 21'. This requires a 1' side
setback on the east side also.
MOTION by Beise, seconded by Specht to adopt the following resolution, to include
a 5' side setback on the east as discussed above. The following voted in favor:
Specht, Beise and Meisel. The following voted against: Brown. Motion carried.
RESOLUTION NO. 05-118: RESOLUTION TO APPROVE VARIANCES TO
ALLOW CONSTURCTION OF A NEW SINGLE-FAMILY HOME TO BE
CONSTRUCTED AT 4798 NORTHERN ROAD. P8~Z CAE #05-39, PID #18-117-23-
33-0026.
5. Comments and suggestions from citizens present on any item not on the
agenda. None were offered.
6. Request for Public Gathering Permit for 2005 Tree Lighting Ceremony and
Sleep-Out Benefit
Liz Jensen and Vern Brandenburg presented a request from WeCAN and the Chamber
of Commerce for a Public Gathering Permit for November 17 and November 18, 2005.
This permit would cover the Tree Lighting Ceremony and the "Give a Hoot About the
Homeless" sleep-out benefit. Discussion followed regarding the request to waive the
$300 fee for the permit.
2
Mound City Council Minutes -August 23, 2005
MOTION by Brown, seconded by Beise to waive the fee for this event. The following
voted in favor: Brown and Beise. The following voted against: Specht and Meisel.
Motion does not pass.
MOTION by Brown, seconded by Beise to table this item until the fee portion can be
worked out. The following voted in favor: Brown and Beise. The following voted
against: Specht and Meisel. Motion does not pass.
MOTION by Beise, seconded by Specht to approve this public gathering permit and
reduce the fee from $300 to $200. It is assumed that each organization can contribute
$100. The following voted in favor: Specht, Beise and Meisel. The following voted
against: Brown. Motion carried.
6A. Review_ _of_preliminary plans for parking lot expansion project -Gillespie
Center
Sarah Smith reviewed that representatives of the Gillespie Center have submitted a
request regarding a proposed expansion to their parking lot. Their proposal is to grade
the lot and cover it with rock and leave it for a year. The idea is to let the base settle
and then pave it in 2006 hoping they have more money by then. They also want to drop
the concrete curb and gutter until the larger parking lot can be included with this one.
They are asking the Council to consider waiving the requirement for paving and curb
and gutter and allow for a phased implementation.
Meisel asked if they had permission from the County for an exit onto Bartlett Boulevard
and Sharon Cook indicated that they have met with Hennepin County and an exit on
Bartlet is approved. Cook also indicated that they have the first options on the lot on
the corner of Bartlett and Shoreline and both that lot and the one included in this
request have no uses but for parking lots. The City is in need of more parking for
Mound Bay Park, and could use these lots when not being used by Gillespie Center.
Meisel stated that action is not requested on this item at this time. Smith indicated that
there will need to be follow up action by the Council regarding the rezoning of a portion
of the proposed site, also.
7. Public Hearing
A. Planning Commission Recommendations
1. Case #05-52: Conditional Use Permit/Variance(s) for Indian Knoll Parking Lot
Expansion at 2020 Commerce Boulevard.
Sarah reviewed that Public Works Director Carlton Moore, on behalf of the Mound HRA,
is requesting a conditional use permit to expand the parking lot associated with Indian
Knoll Apartment Complex at 2020 Commerce Blvd. A variance approval is also
requested to allow hardcover exceeding 40 percent, to address the deficient parking lot
count and to allow a proposed 24 foot parking lot drive aisle.
3
Mound City Council Minutes -August 23, 2005
Mayor Meisel opened the public hearing at 8:27 p.m.
Ellen Cowell, 5508 Breezy Road, expressed concerns about their property value going
down with a commercial parking next to them, and also about cutting of trees and car
lights shining into their home.
Rhonda and Greg Eurich, 5585 Sherwood Drive, also expressed concern about the
removal of huge beautiful trees, lights shining and drainage. Meisel informed them that
the drainage is left to the engineers and will be addressed during construction. Greg
Eurich questioned the need for this many parking spaces. Meisel stated that the need
has been there for a number of years. There are 51 units at Indian Knoll and only 16
parking spaces in the lot. This project will bring the number to 41, which is still way
below what should be there.
Cindy Reiter, representing the management company for Indian Knoll, stated that
limited parking has been a huge issue for them. Brown asked how many registered
vehicles are there and Cindy will get this figure for him.
Brad Goranson, 5522 Spruce Road, also expressed concern over wiping out most of
the woods and questioned if that many more spaces are actually needed. He stated he
is also concerned with the drainage.
Cindy Reiter explained that capital funds are set aside for this project. It will be a
federally funded project and no funds are coming from taxpayers.
Mayor Meisel closed the public hearing at 8:46 p.m.
MOTION by Brown to table this item until the number of cars actually registered to
tenants at Indian Knoll is known. Motion died for lack of a second.
MOTION by Beise, seconded by Specht to adopt the following resolution. The following
voted in favor: Beise, Specht, and Meisel. The following voted against: Brown. Motion
carried.
RESOLUTION NO. 05-119: RESOLUTION TO APPROVE CONDITIONAL USE
PERMIT AND VARIANCES TO ALLOW PARKING LOT EXPANSION AT INDIAN
KNOLL APARTMENT COMPLEX LOCATED AT 2020 COMMERCE BOULEVARD.
P&Z Case #05-52, PID #13-117-24-32-0030.
2. Ordinance Amending City Code Chapter 350 -Zoning Ordinance
Sarah Smith reviewed that she is proposing amendments to the Zoning Ordinance
regarding the definition of "frontage", the required front setback for unimproved streets
exceeding 15 feet in width and allowable fence materials.
4
Mound City Council Minutes -August 23, 2005
Mayor Meisel opened the public hearing at 8:58 p.m., and upon hearing no comment,
closed the public hearing at 8:59 p.m.
MOTION by Brown, seconded by Specht to pass the following ordinance. All voted in
favor. Motion carried.
ORDINANCE NO. 15-2005: ORDINANCE AMENDING SECTION 350 OF THE
MOUND CITY CODE AS IT RELATES TO THE ZONING ORDINANCE.
8. Planning Commission Recommendations
A. Case #05-53: Variances for waiver of swimming pool enclosure reauirements and 8
foot fence height - 1605 Bluebird Lane
Sarah Smith reviewed a variance request submitted by Aqua Pool an Spa on behalf of
Tim Belivieu to allow construction of an 8' cedar fence (6 foot with 2 foot decorative
lattice) to be installed along the north property line at 1605 Bluebird Lane, and also a
variance to waive the swimming pool fencing requirements as a specially designed pool
cover has been installed on the new pool.
Ted Metz, 1601 Bluebird Lane, expressed that he supports the fence variance request.
-- MOTION by Brown, seconded by Beise to approve the variance for the 8' fence, and to
approve waiving the swimming pool fencing requirement due to the presence of a
mechanical swimming pool cover. A resolution reflecting these approvals will be on the
next Council consent agenda. All voted in favor. Motion carried.
B. Case #05-57: Floodplain/wetland permit applications - 5351 Three Points
Boulevard
Sarah Smith indicated that this is the third of three applications needed for single home
construction in the minor subdivision approved for William Stoddard in 2003.
MOTION by Brown, seconded by Beise to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 05-120: RESOLUTION APPROVING THE FLOODPLAIN
ALTERATION PERMIT (MCWD RULE C) AND CERTIFICATE OF WETLAND
EXEMPTION FROM THOMAS AND HEIDI NICCUM FOR THE PROPERTY LOCATED
AT 5351 THREE POINTS BOULEVARD. PID #13-117-24-22-0285.
9. (moved to 6A)
5
Mound City Council Minutes -August 23, 2005
10. Permit application by Mound Legion for Octoberfest
A. Public Dance/Live Music Permit request
B. Temporary on-sale 3.2 Beer OR temporary on-sale liquor license
Scott Eccles, on behalf of the American Legion, stated that they have decided to apply
for the temporary 3.2 beer license, not the temporary on-sale liquor. John Dean
stressed that members and guests of the Legion cannot bring liquor from inside the
premises out to where they are serving 3.2 beer in their beer garden. Also, the area
must be fenced off and regulated. Proof of insurance for this event, covering the
temporary license, must also be provided before the license can be issued.
MOTION by Brown, seconded by Specht to approve the public dance/live music permit
and the temporary 3.2 beer license for the American Legion for October 8, 2005, stating
that no liquor from inside the Legion premises will be allowed outside where the
temporary 3.2 license is active. Proof of insurance covering the event outside is also
required. All voted in favor. Motion carried.
11. Miscellaneous/Correspondence
A. Questions and comments from Councilmembers -Brown asked that the next
council agenda include naming part of the Greenway the Andrew Sisters Walk of Fame.
Meisel stated that she thinks more time needs to be put into this and it may not be ready
for the next agenda.
B. Report: Finance Deparatment -July, 2005
C. Minutes: LMCD
12. Adjourn
MOTION by Specht, seconded by Brown to adjourn at 9:25 p.m. All voted in favor.
Motion carried.
~~;~~t ~LL~ J~L~.(
-,
Attest: Bonnie Ritter, City Clerk
Mayor Pa Meisel
6