2007-08-28MOUND CITY COUNCIL MINUTES
AUGUST 28, 2007
The City Council of the City of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, August 28, 2007, at 7:30 p.m. in the council
chambers of city hall.
Members present: Mayor Mark Hanus; Councilmembers David Osmek, Mike
Specht, John Beise, and Greg Skinner
Others present: City Attorney John Dean, City Manager Kandis Hanson, City
Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public
Works Director Carlton Moore, Police Chief Jim Kurtz, Fire Chief Greg Pederson,
Liquor Store Manager John Colotti, Finance Director Gino Businaro, Don
Andberg, Dorey Henthorne, Saza Stanchfield, Wally Linden, Angie Murphy,
Muriel Kolar, Gayle Grady, Barb Schneider, Dorothy Geyen, Donna Smith, Vince
Forystek, Rose Radke, Charles Radke, Janie Skinner, Mindy Anderson, Roger
Reed, Mary McCurdy, Dick McCurdy, Margaret Thorne, Joanne Widmer, Nancy
Ketcher, Dotty O'Brien, Doug & Donna Easthouse, Linda Johnson, Milt Hysinlien,
Nellie Hysinlien, Chris Kennelly, Robin Mahle, Ben Withhart, Shirley Tulberg, Pat
& Duane Eide, Marilyn & Frank Nelson, Bruce Wilhamson, Don McCarville.
1. Open meeting
Mayor Hanus called the meeting to order at 7:30 p.m.
2. Pledge of Allegiance
3. Approve agenda
Kandis Hanson requested the addition of the date of September 25, at 7:30 p.m.
for the mobile home park public hearing, as noted in 41.
MOTION by Osmek, seconded by Specht to approve the agenda as amended.
All voted in favor. Motion carried.
4. Consent agenda
Specht requested the removal of Item 4A for discussion. Hanus requested the
removal of 4B and 4D for discussion.
MOTION by Specht, seconded by Osmek to approve the consent agenda as
amended. All voted in favor. Motion carried.
A. (removed)
B. (removed)
C. Approve Temporary On-Sale 3.2 Malt Liquor Permit for Annual Firefighter
Recognition Dinner
D. (removed)
Mound City Council Minutes -August 28, 2007
E. RESOLUTION NO. 07-66: RESOLUTION APPROVING AN AMENDMENT TO
THE PUBLIC LANDS PERMIT (2006) AND MODIFYING THE COMPREHENSIVE
SIGN PLAN FOR LOST LAKE AND AUDITOR'S ROAD DISTRICTS
F. RESOLUTION NO. 07-67: RESOLUTION TO APPROVE REQUEST FROM
SCOTT ERICKSON FOR WAIVER OF PLATTING APPROVAL FOR PROPERTY
LOCATED AT 4613 HANOVER ROAD TO COMBINE AND SUBDIVIDE FOUR (4)
PLATTED LOTS TO CREATE TWO (2) LOTS. PID #30-117-23-22-0013 AND #30-
117-23-22-0079. P8~Z CASE #07-17.
G. RESOLUTION NO. 07-68: RESOLUTION TO APPROVE SUBDIVISION
EXEMPTION APPLICATION FROM BILL FARRELL AND STEVEN OPHEIM FOR
SUBDIVISION AND COMBINATION OF PROPERTY LOCATED AT
3146/3150/3154 ISLAND VIEW DRIVE TO CREATE TWO (2) LOTS. PID #19-117-
23-34-0119, PID #19-117-23-34-0120, AND PID #19-117-23-34-0088. P&Z CASE
#07-22.
H. ORDINANCE NO. 08-2007: AN ORDINANCE AMENDING SECTION 1000 OF
THE MOUND CITY CODE AS IT RELATES TO NUISANCES
I. Set date for Public Hearing on mobile home park closing as required by Minnesota
Statues 327C, for September 25, 2007, at 7:30 p.m., and authorizing staff to give
notice of the hearing. (The Minnetrista City Council may meet concurrently with the
Mound City Council to conduct this hearing.)
4A. Approve minutes
Specht requested the addition of the word "week" in Item 12A, as it was inadvertently
omitted.
MOTION by Osmek, seconded by Specht to approve the minutes of the August 14, 2007
meeting as amended. All voted in favor. Motion carried.
4B. Approve pavment of claims
Hanus requested the removal of this item from the consent agenda for
clarification of the payment to Greg Skinner for a rotary event. Hanson explained
that this was the annual Rotary Club golf event.
MOTION by Osmek, seconded by Specht to approve payment of claims in the
amount of $766,795.97. Upon roll call vote, the following voted in favor: Osmek,
Specht, Hanus and Beise. The following voted against: None. Skinner
abstained from voting. Motion carried.
4D. Building permit for combined office/garage/storage building at 2354
Wilshire Blvd.
Hanus presented suggestions for rewording of the presented resolution and also
clarified that the garage was accessory to the principal use. Staff is asking for a
ruling recognizing that this does meet the code and there is no need for any
variances. Hanus pointed out that the resolution does not state any findings of
fact, and that in the 7th "whereas" should be broken into sentences for
clarification.
2
Mound City Council Minutes -August 28, 2007
MOTION by Beise, seconded by Specht to approve the following resolution as
amended per Hanus' suggestions. All voted in favor. Motion carried.
RESOLUTION NO. 07-69: RESOLUTION TO APPROVE BOARD OF
APPEALS AND ADJUSTMENT REQUEST FROM PETER NORTON TO CITY
CODE CHAPTER 350.505 TO ALLOW COMBINED OFFICE/DETACHED
GARAGE/STORAGE BUILDING TO BE CONSTRUCTED AT 2354 WILSHIRE
BLVD.
5. Public hearing
PC Case #07-24: Conditional Use Permit -Planned Development Area (CUP-
PDA) amendment to modify site and building plans for commercial/retail building
in Lost Lake District to include proposed space for Caribou Coffee and future
tenant.
Sarah Smith reviewed the request which includes amendment to the Mound
Visions Lost Lake PDA-CUP, restaurant with Drive-Thru Services CUP, and the
Specific Sign Program for a Redevelopment Plan. Both staff and the Planning
Commission are recommending approval of these requests.
Hanus asked if there was outdoor seating and about hours of operation, and
Smith informed him that there is a small outdoor patio on the street side of the
proposed building and the proposed hours of operation are from 6:00 a.m. to
10:00 p.m.
Beise expressed concern because when this was approved there was enough
parking, and without townhomes being added, why isn't there enough parking
now? Smith stated that the parking in the redevelopment is meant to be mixed
use. When the original proposal came through everyone felt there was
acceptable parking, but as they moved forward from 2005, it was found not
adequate based on the discussion occurring with Mound Harbor Renaissance
and its proposed tenants. The market is driving the need for more parking.
Beise also was concerned that the proposed building is a one story building with
a flat roof which means that the high levels of townhomes will be looking at a flat
roof with cooling and heating units on it. Smith stated that one of the most
compelling changes is going from multi to one story. This was to incorporate the
architectural features and materials and details into the proposed new building
design to complement the townhomes.
Osmek asked if the removal of the rain garden will affect the water filtering plan
and Smith stated that it will be relocated about 35 feet away and will
accommodate the water management system. Hanus suggested a 3-4' wall to
the southweat area to screen headlights from hitting the townhomes and Osmek
offered that as a suggestion to the developer.
3
Mound City Council Minutes -August 28, 2007
Chuck Alcon of Mound Harbor Renaissance stated that the capacity of the rain
garden has not changed, and relative to the southwest area, the rain garden
goes almost to the curb and the 3:1 slope prohibits putting anything in there for
screening. Regarding parking, the requirements of the leasing agreements
generally exceed the requirements of the code. Nothing changes on the storm
water system.
Steve Stecker, Welsh Companies, the 12,000 ft. building was originally thought
to be more office type use, but retail use has more intense parking and that's
what drove their decision. He then addressed the architectural concerns.
Emily Heuring of Caribou Coffee stated that this new store will be operated along
with the existing one in Mound Marketplace, and both are company owned
stores.
Mayor Hanus opened the public hearing at 8:08 p.m., and upon hearing no
comment, closed the public hearing at 8:09 p.m.
MOTION by Osmek, seconded by Specht to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 07-69A: RESOLUTION APPROVING AN AMENDMENT
TO THE MOUND VISIONS LOST LAKE PDA-CUP, RESTAURANT WITH
DRIVE-THRU SERVICES CONDITIONAL USE PERMIT, AND SPECIFIC SIGN
PROGRAM FOR A REDEVELOPMENT PLAN AREA FOR THE COMMERCIAL
BUILDING LOCATED IN THE MOUND VISIONS LOST LAKE DISTRICT. P&Z
CASE #07-24. PID #13-117-24-34-0132.
6. Comments and suggestions from citizens present on anv item not on
the agenda.
Vince Forystek stated he has several rental properties and asked city staff to
stop entering rental properties before talking to the landlord. The landlords feel
like they're being treated like third rate citizens and not being involved in
inspections. He's aware that there's a new ordinance being talked about and
feels that landlords should be asked for their input on this. Smith stated that the
rental ordinance will be considered in the next few months and landlords will be
included in drafting this ordinance.
7. Gillespie Center funding request
Donna Smith appeared before the Council asking that a $6/capita contribution to
the Gillespie Center be included in the 2008 budget. She stated that the City of
Spring Park has unanimously supported the plan.
4
Mound City Council Minutes -August 28, 2007
Ben Withhart, Gillespie Board Member, asked the council to approve the
agreement in concept, knowing that there will have to be changes made. He
wants concept approval that the cities would fund the center's operating
expenses so the board's efforts can be directed away from operating expenses
and directed to the endowment with the target of being self-sustaining in 10
years.
Osmek stated that the proposed agreement states that after 10 years the center
is on their own. This is not permanent. If all cities involved don't sign the
agreement it will not go forward.
Hanus stated that he would like to see an amortization type schedule for the
endowment fund showing how it will grow, including interest that would accrue
along the way.
MOTION by Osmek, seconded by Beise to approve the conceptual plan for the
Gillespie center fund request. Specht stated that he will abstain from voting
because he wants to see what the other cities are going to do. Beise stated that
this has to be included in the preliminary budget if it's even a possibility because
it can't be added after the fact.
The following voted in favor: Osmek, Beise, and Hanus. The following voted
against: Skinner. Specht abstained from voting. Motion carried.
8. 2007 Retaining Wall Replacement Project
Dave Callister of Ehlers & Associates reviewed the options for funds left from a
previous project that was contemplated to be used for the improvement of
retaining walls.
Hanus stated that he doesn't think the retaining walls in the proposed 2007
project are bad enough to warrant repair right now. Beise asked if it is possible
to use the $260,000 on hand to go towards the 2008 project, and that is a
possibility.
MOTION by Beise, seconded by Osmek to deny the resolution presented that
approves plans and specifications and orders the advertisement for bids for the
2007 retaining wall project. All voted in favor. Motion carried.
9. Review/discussion regarding temporary sign permit request by
Millennium Center for Performing Arts located in the Gillespie Center, for
placement of banners.
Sarah Smith stated that the Council tabled this item at its August 14t" meeting.
Staff has met with applicant and it is her understanding that they will submit a
revised application.
Mound City Council Minutes -August 28, 2007
MOTION by Osmek, seconded by Specht to table this request until the next
meeting. All voted in favor. Motion carried.
Meeting recessed at 9:24 p.m, and reconvened at 9:39 p.m.
10. 2008 Preliminary Budget
Hanus stated that he would like to see the focus tonight on the big picture and
not get into too many details. There is a lot of time after the preliminary budget is
approved to iron out small details.
Each Department Head answered questions posed by Councilmembers.
It was council consensus to use a 96.25% capture rate for real estate taxes
Osmek stated that he would like to see the general levy increase at 4%, which
would put the total levy at just under 7%. Hanus agreed with using these figures
for the preliminary budget. Beise prefers to use 6.3% for the general levy, putting
the total levy at 8.62%.
MOTION by Osmek, seconded by Specht to have staff draft scenarios for the
preliminary budget consideration at 4% for the general levy increase, and to also
include scenarios fora 6.3% and 2% increase. All voted in favor. Motion carried.
11. Miscellaneous/Corresaondence
A. Comments/reports from Councilmembers
B. Reports: none
C. Correspondence: Three Rivers Park District
Mound Crime Prevention Association
LMCC Calendar
D. Other: Replacement pages for budget - p.83-34
Retaining Wall Ratings -walls remaining only
Street Rating Map
12. Adjourn
MOTION by Specht, seconded by Osmek to adjourn at 12:26 a.m. All voted in
favor. Motion carried.
5 Mayor Mark Hanus
r~_ ,
Attest: Bonnie Ritter, City Clerk
6