2006-07-25
MOUND CITY COUNCIL MINUTES
JULY 25, 2006
The City Council of the City of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, July 25, 2006, 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 Manager Kandis Hanson, City Clerk Bonnie Ritter,
Community Development Director Sarah Smith, Amanda Schwarze, Tom
Dulebahn, Gloria Yule, Vernon Snodgrass, Vince Forssman, John Evans, Stan
Mierzejewski, Scott Lindberg, Ron Marschke, Tom Walsh, Robbie Flatten, Mark
Hanus, James and Kathy Veit, Pat Horgan, Virginia Gardstrom, Dwight
Gardstrom, Laura and Dean Sulander, Brad Curtis, Tom Reese, Tom Dulabohn
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 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
Brown requested making the request for addition to the consent agenda, Item
9A, Public Gathering Permit application from MarineMax.
Meisel requested the addition of Item 5i, Verizon Agreement.
MOTION by Brown, seconded by Specht to approve the agenda as amended.
All voted in favor. Motion carried.
4. Action on Resolution Declaring August 5, 2006 as Andrews Sisters Day
MOTION by Brown, seconded by Specht to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 06-85: RESOLUTION DECLARING AUGUST 5, 2006 AS
ANDREWS SISTERS DAY IN THE CITY OF MOUND
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Mound Council Minutes -July 25, 2006
Mayor Meisel presented a framed resolution to Tom Rockvam, who was
instrumental in the Andrews Sisters Trail dedication scheduled for August 5,
2006.
5. Consent Agenda
Qsmek requested the removal of item 5A for discussion.
MOTION by Brown, seconded by Specht to approve items 4B through 4i. All
voted in favor. Motion carried.
A. (removed)
B. Approve Payment Request No. 8 from Buffalo Bituminous in the amount of
$92,567.21 for the 2005 Street Improvement Project
C. Approve Payment Request No. 4 from Chicago Bridge & Iron in the
amount of $105,015.21 for the Chateau Water Tower Project
D. Approve American Engineering Testing payment of $1,882.50 for the 2006
Street Improvement Project
E. ORDINANCE NO. 14-2006: AN ORDINANCE AMENDING SECTION
800 OF THE MOUND CITY CODE AS IT RELATES TO INTOXICATING
LIQUOR LICENSES
F. ORDINANCE NO. 15-2006: AN ORDINANCE AMENDING SECTION
810 OF THE MOUND CITY CODE AS IT RELATES TO BEER
LICENSING
G. RESOLUTION NO. 06-86: RESOLUTION ADOPTING FEE SCHEDULE
H. Approve authorization for Bolton & Menk to prepare Water Supply
Emergency and Conservation Plan Update
I. Approve Memorandum of Water Tower Lease Agreement and Water
Tower Lease Agreement with Verizon Wireless for the water tower at
6125 Evergreen Road.
5A. Approve payment of bills
Osmek had question on the coding of a bill from The Laker to the docks fund.
This publication was for the Charter Boat ordinance, and was coded
appropriately.
6. Comments and suggestions from citizens present on any item not on
the agenda
John Evans of 2025 Arbor Lane, appeared before the Council expressing
concern over the under-use of the Lost Lake Channel. He suggested ways of
getting people to use this channel for access to our downtown businesses, all of
which the Council will take under consideration.
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Mound City Council Minutes -July 25, 2006
7. Public Hearing
Action on Ordinance Amending Chapter 350 of the Mound City Code as it relates
to the Zoning Ordinance -reduce maximum number of stored recreational
vehicles from 7 to 5 and incorporate new regulations for front yard parking
Sarah Smith reviewed the proposed changes to the code, being consideration of
reducing the maximum number of "recreational vehicles" which may be stored on
a property from 7 to 5 and to incorporate provisions to regulate the parking of a
"recreational vehicle" in front yard areas. Members of the Planning Commission
did not support the addition of a regulating recreational vehicles parked in front
yards due to concerns about the number of "small lots" in mound and the ability
enforce the new regulations. As an alternative the Planning Commission
suggested and recommended an amendment to reduce the number of
"recreational vehicles" which may be stored on a property from 7 to 5 and
encouraged the City Council to take small steps as opposed to significant
changes to the exterior storage regulations.
Smith also presented correspondence from Rebecca Bowers and Gary and Jane
Johnson, both supporting the proposed changes to the ordinance.
Mayor Meisel opened the public hearing at 7:57 p.m.
Brad Curtis, 5967 Idlewood Road, asked why we were here again about this
topic. The same discussion occurred about 6-7 years ago. He emphasized that
he thinks this is a working man's town and he doesn't think the people who built
the community should have to sacrifice for new people moving in that don't like
the looks of certain neighborhoods.
Tom Dulebohn, 4448 Radnor Road, feels there is not enough enforcement of the
existing regulations. His new neighbors have bad habits, with storing old junker
cars and a horse trailer that have 5-6' tall weeds surrounding them. One
neighbor put a bar in his garage and everyone comes over there to smoke and
drink. Another has a boat with a blue tarp over it that hasn't moved for years. He
feels there is more inspection and more enforcement needed.
Vernon Snodgrass, 3025 Longfellow Lane, stated he doesn't have a qualm with
the ordinance but is concerned with contractors currently parking on public
streets instead of in their own yards, as well as people who shove boat trailers in
the weeds or trees not even on their own property.
John Evans, 2025 Arbor Lane, stated he has a lot of pride in his home, but this
pride isn't shared by all residents. He is in favor of reducing the number from 7
to 5.
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Stan Mierzejewski, 1942 Shorewood Lane, urged the Council to accept the full
amendment as proposed by staff. He presented some pictures of his neighbor's
house with various boats, trailers and cars parked at his property. He feels this
deteriorates his property value, and also thinks that the amendment is not strong
enough. He thinks the city needs to be cleaned up.
Gloria Yule, 5990 Ridgewood Road, asked what ruling there is for empty boat
trailers parked on the street day after day and she was asked to call the Police
Department when this is occurring so they can ticket the violators.
Kathy Veit, 2563 Lost Lake Road, expressed opposition to the amendment
because Mound is a recreational community and her neighborhood doesn't have
a problem with this issue. She questioned why the council would apply this if not
everyone has a problem.
Bruce McIntyre, 6143 Basswood, said he has a motorhome on the cement
driveway, and also a boat that he bought in 1975 that has been sitting on the
grass next to house since then. He understands that with the proposed
amendment he would have to cement a pad for under the boat or get rid of the
boat.
'-' Dean Hunter, Tuxedo Blvd, doesn't see why we need any more regulations.
He's lived here for 25 years and it doesn't bother him to have things in the yards.
It's shows there are people living and having fun there. If all of his seven kids
were home he wouldn't even keep all the cars in the yard with the new
amendment.
Dean Sulander, 2524 Emerald Drive, feels that we don't need new regulations,
but need to enforce the ones we have.
Scott Lindberg, 1936 Shorewood Lane, said that if only the operating cars are
counted, that 5 is a good number. He's seen a lot of stuff parked in yards other
than cars, and that gets to be an eyesore. He has nothing against work vehicles
in the driveways, as long as the neighborhood isn't shabby-looking.
Mary McKinley, 5948 Hillcrest Road, said she has a very small lot and they own
two watercraft, not including one that they share with another person. The
watercraft can't be seen by anyone because they are stored behind the house.
She also asked if two personal watercraft on a trailer constitutes 3 or 1 units.
Staff determined that this definition will have to be stated more clearly. McKinley
continued by stating that she thinks the existing regulations need to be enforced.
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Mound City Council Minutes -July 25, 2006
Kandis Hanson addressed the enforcement issue, stating that in the past three
years nuisance abatements have occurred on 300-400 properties annually. This
includes abatements of all types; weeds, exterior storage, garbage, vehicles,
etc., so the ability to enforce is there.
Tom Walsh, 5770 Bartlett, expressed his opposition to the amendment mainly
because of the hardcover issue. It's costly and wouldn't look good. He's having
parking problems in his neighborhood and said he reported it to the Police
Department and they enforce at their discretion. This is especially evident at the
Depot. Chief Kurtz answered that discretion is used there because of the bad
parking situation, but this topic is not relevant to this public hearing's topic.
Mayor Meisel closed the public hearing at 8:39 p.m.
After discussion, it was the consensus of the council that the amendment needed
more work regarding definitions of terms used within and taking into
consideration the concerns expressed at the hearing. Chief Kurtz, Ray Hanson,
and Sarah Smith should work on the draft to prepare for the Planning
Commission's reconsideration.
MOTION by Brown, seconded by Osmek to table action on this item and refer it
back to the Planning Commission for refinement regarding definitions and the
issues brought forward regarding the proposed amendment. All voted in favor.
Motion carried.
8. Approve Minutes
MOTION by Specht, seconded by Beise to approve the minutes of July 11, 2006.
The following voted in favor: Brown, Specht, Beise and Meisel. The following
voted against: None. Osmek abstained from voting as he was absent from that
meeting. Motion carries.
9. Review of proposed ordinance as it relates to Shoreland Overlay District
Changes
Sarah Smith stated that no formal action is needed on this item this evening, but
that this is an informal review of the proposed amendments by the Council to
ensure that they are consistent with previous Council action. The previous
direction was to have that riparian lots which are separated from public waters by
commons or undeveloped, platted streets may include a portion of this adjacent
area to meet the minimum lot area standard. The portion of the commons or
undeveloped, platted street to be included to meet lot area requirements must be
above the ordinary high water level, identified on the plat, and be agreed to by
the City. These area would have to be kept undeveloped for as long as the lot
existed.
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Mound City Council Minutes -July 25, 2006
After discussion it was the consensus that the Council does not want the
commons or undeveloped, plated streets to be included in the calculation of lot
area. Sarah will revise the amendment to that affect
9A. Public Gathering Permit submitted by Marine Max
An application has been received for a public gathering permit to use Mound Bay
Park for a Customer Appreciation/Company picnic for July 29, 2006, from 7 a.m.
to 7 p.m. with attendance of 125-200 people.
Brown and Osmek conveyed that they believe this is not an acceptable time to
hold this event because of how busy that area is on week-ends with our own
residents. Parking is an issue as well as afor-profit company over-taking the
park when it is heavily used by residents.
Hanson commented that she and the Police Chief met with representatives from
the company and they seem to be well-organized and stated they will bring in
their own temporary facilities and garbage receptacles and take care of park
clean-up when the event is completed. Most of the event will take place out on
the water, with boats tying together.
MOTION by Beise, seconded by Specht to approve the public gathering permit
submitted by marine Max for July 29, 2006 at Mound Bay Park. The following
voted in favor: Specht, Beise and Meisel. The following voted against: Brown
and Osmek. Motion carried.
10. Miscellaneous/Correspondence
A. Questions and Comments from Councilmembers: Osmek questioned why
appropriate staff didn't bring National Night Out back before the Council
for consideration as directed.
Hanson stated it is the same week as the Andrews Sisters event and that
police overtime got scrutinized in the budget and overtime makes National
Night Out an expensive event. She stated that police overtime was
slashed severely in the 06 budget, so as City Manager she deemed it
irresponsible to bring this up in an already skinner year. Osmek stressed
that he thought this should have been the decision of the Council, not the
City Manager.
B. Reports: PC Minutes of July 10, 2006
LMCD Newsletter
Star Tribune Article on Railroad Authority
Municipal Communications Law Update
C. Correspondence: Northstar Commuter Rail
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Mound City Council Minutes -July 25, 2006
11. Adiourn
MOTION by Brown, seconded by Specht to adjourn at 9:56 p.m. All voted in
favor. Motion carried.
Attest: Bonnie Ritter, City Clerk
Mayor at Meisel