2002-08-27MOUND CITY COUNCIL MINUTES
AUGUST 27, 2002
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, August 27, 2002, at 7:30 p.m. in the council chambers of City Hall.
Members Present: Mayor Pat Meisel, Councilmembers Bob Brown, Mark Hanus,
David Osmek and Peter Meyer.
Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk
Bonnie Ritter, Community Development Director Sarah Smith, City Planner Loren
Gordon, City Engineer John Cameron, Susan Pastuck, John Molick, Jim Turner, Mark
Hagen, John Hubler, Jeff Smith, Noel Towley, Cathy Baglard, Gregg Tonigy, Betty
Mesich, Dave Mesich, Ann Eberhart, Shad Erickson, Beth Erickson, Erik Stoehr, Jeff
Skelton, Larry Overstreet, Tim Becker, Margie Hubler, Frank Weiland, Henry Sandoval,
John Pastick, Marcie Felt, Ruth Schmuellach, Henry Lazniarz, Todd Christopherson,
Miles Britz, Greg Pederson.
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 un/ess 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 to meeting to order at 7:33 p.m.
2. PLEDGE OF ALLEGIANCE
3. APPROVE AGENDA
Mayor Meisel asked that item 8 be placed after item 12 on the agenda.
MOTION by Brown, seconded by Osmek to approve the agenda as amended. All voted
in favor. Motion carried.
4. CONSENT AGENDA
MOTION by Hanus, seconded by Brown to approve the consent agenda as presented.
Upon roll call vote taken, all voted in favor. Motion carried.
A. Approve minutes of the August 13, 2002 regular meeting.
B. Approve payment of claims in the amount of $170,866.55.
C. RESOLUTION NO. 02-84: RESOLUTION APPOINTING ABSENTEE BALLOT
BOARD
D. RESOLUTION NO. 02-85: RESOLUTION AUTHORIZING SPONSORSHIP OF
MATCH GRANT FUNDING PROJECT 0054-02-06A - TUCKER 2000 TRAIL
GROOMER PURCHASE WITH THE SOUTHWEST TRAILS ASSOCIATION
Mound City Council Minutes - August 27, 2002
5. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT
ON THE AGENDA
Beth Erickson, 2098 Grandview, expressed concern to the Council about additional
traffic due to the new Mound Marketplace, and speeding in the vicinity of Sunset and
Grandview. Mayor Meisel will have city staff look into the matter for recommended
solutions. City Manager Hanson suggested that Ms. Erickson put her request in writing
and then it can be processed through the correct channels.
6. PUBLIC HEARINGS
Case #02-26: Tim Becker and Dale & Lois Becker- 5331/5341/5351/5361 Three Points
Boulevard - Rezoninq Request
Sarah Smith reviewed the background information on this request from Tim Becker to
rezone Lots 5-8, Block 4, Replat of Harrison Shores, from R1 Single-Family Residential
to R-lA Single-Family Residential. There is not a resolution included in the Council
packet for this request due to the Planning Commission recommending denial of
rezoning, and the staff recommending approval. The Planning Commission based their
decision on the belief that 6000 square foot lots would be out of place in the
neighborhood. Staff felt that the request was consistent with the neighborhood and with
the lot sizes and footprints proposed, these lots could be developed individually without
need for additional variances.
The applicant presented examples of other variances in the area, and feels that the
proposed rezoning to R-lA is consistent with the area.
Mayor Meisel opened the public hearing at 8:43 p.m.
Larry Overstreet, 1700 Jones Lane, stated that he is the neighbor directly to the West of
the subject property. He feels that Becker's goal is to build and sell houses, whereas
the neighbors' goal is to keep a nice consistent neighborhood. He stated that the
neighborhood is not all of Three Points, but the lagoon area which is all zoned RI.
Jeff Skelton, 1770 Baywood Shores, stated that Becker's case is a matter of greed vs.
need and he has enough property there to build within the R1 regulations, and doesn't
need to go to R1A.
After additional discussion, Mayor Meisel closed the hearing at 8:50 p.m.
MOTION by Brown, seconded by Osmek to direct staff to prepare a resolution to deny
the rezoning request, and have this resolution available at the next Council meeting for
consideration, and to direct staff to provide applicant with a 60-day extension on the
rezoning request. All voted in favor. Motion carried.
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Mound City Council Minutes - August 27, 2002
7. PUBLIC SAFETY FACILITY UPDATE BY SEH AND AMCON
Todd Christopherson, Construction Manager, updated the Council on the schedule of
the public safety facility. The first of three bid packages will be opened on September
4th at 2:00 p.m. There are some soil concerns and a possible underground tank that are
being dealt with at this time.
Miles Britz, Architect, stated that they are currently working on materials and color
selections. The groundbreaking for the Public Safety Facility is on September 17th at
6:30 p.m. The public is invited.
8. (moved on agenda for consideration after item #12)
9. CONSIDERATION/ACTION ON BIDS FOR TET WELL FOR NEW WELL
John Cameron presented bids for the observation well and pump test near Sorbo Park.
MOTION by Brown, seconded by Hanus to accept the bid of Mark J. Traut Wells, Inc,
for $13,264.00 to perform the work prescribed using the sonic method, with 4" casing.
All voted in favor. Motion carried.
10, UPDATE ON ENVIRONMENTAL INVESTIGATION AND PURCHASE OF
BALBOA OPTION PARCEL
Bob Lindall of Kennedy & Graven explained the status of the option to purchase the
Balboa Property. He recommends requesting an extension of 270 days on the purchase
option to enable the City to obtain the No Association Determination prior to closing. If
unsuccessful in obtaining the extension, he recommended filing an eminent domain
petition to acquire the option parcel pursuant to the previously adopted resolution, and
then proceed to exercise the City's option to purchase under the existing option
agreement. This will enable the City to secure the property prior to expiration of the
option. The purpose of filing the eminent domain petition is to secure the City's
exemption from being construed as a "responsible person" pursuant to statutes, for
environmental liability for conditions of contamination already present on the property.
MOTION by Brown, seconded by Osmek to authorize filing of an eminent domain
petition, exercise option to purchase, and have STS continue with environmental testing
of Lots 23-28, Koehlers Addition. All voted in favor. Motion carried.
Mayor Meisel called a recess at 9:10 p.m. and the meeting reconvened at 9:22 p.m.
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11.
A.
Mound City Council Minutes - August 27, 2002
PLANNING COMMISSION RECOMMENDATIONS
Case #02-12: John Pastuck/Natural Homes - 6385/6495 Bartlett Blvd. - Minor
Subdivision.
Loren Gordon reviewed the minor subdivision request, informing the Council that the
Planning Commission unanimously recommended approval.
MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 02-86: RESOLUTION APPROVING A MINOR SUBDIVISION FOR
THE PROPERTY LOCATED AT 6380 BAY RIDGE ROAD.
P & Z CASE #02-12. PID #23-117-24-32-0065
B. Case #02-29: Henry & Gina Lazniarz - 4531 Manchester Road - Final Plat for Lake
Minnetonka Trails.
Loren Gordon explained that the applicants have submitted a final plat for a four lot
single family development named "Lake Minnetonka Trails". The preliminary plat was
received on June 11,2002 and the final plat is consistent with the preliminary.
MOTION by Hanus, seconded by Osmek to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 02-87:
RESOLUTION GRANTING FINAL PLAT APPROVAL FOR
THE LAKE MINNETONKA TRAILS RESIDENTIAL
DEVELOPMENT. P & Z CASE #02-06.
12. DISCUSSION ON PROPOSED COMPREHENSIVE PLAN/ZONING
AMENDMENTS AND OVERVIEW FROM PLANNING COMMISSION PUBLIC
HEARING
Loren Gordon explained that staff and the Planning Commission have been working on
the City's Land Use Plan and Zoning Maps over the past few months, and the proposed
revisions are needed to comply with state statutes that state that the Zoning Map shall
be consistent with the Land Use Plan. There are numerous parcels under consideration
for rezoning and the question is whether to consider them all at one time or separate the
two areas that there seem to be of concern to residents.
MOTION by Brown, seconded by Meyer to initiate the rezoning process for all
properties except where Anthony's Floral is located, and the Chateau properties. All
voted in favor. Motion carried.
There was input from property owners living in the Dutch Lake vicinity, expressing
concern over the future use of the Anthony's property and its impact on the lake. The
neighborhood group would like to be involved in future discussions regarding this topic.
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Mound City Council Minutes - August 27, 2002
John Dean expressed that there may be legal issues if the zoning is changed now to
make the existing use nonconforming.
Discussion followed regarding possible solutions and combinations of zoning
designations.
MOTION by Brown, seconded by Hanus to reconsider their previous motion. Those
voting in favor: Brown, Hanus, Meisel and Osmek. Those voting against: Meyer.
Motion carried.
MOTION by Brown, seconded by Hanus to bring all of the parcels in the proposed
Zoning Map/Comprehensive Plan revisions, with the exception of the Anthony's Floral
property, to public hearing for further evaluation and consideration. Those voting in
favor: Brown, Hanus, Meisel and Osmek. Those voting against: Meyer. Motion
carried.
Mayor Meisel stated that the Anthony's Floral property would be put on the September
24"' agenda for further discussion, and directed staff to contact the property owner for
his input, and invite him to the meeting, along with the Dutch Lake neighborhood group.
12A. (Item 8 on agenda) REPRESENTATIVE ON SCHOOL DISTRICT
REFERENDUM
Hanus stated that he is uncomfortable using this forum to discuss a ballot question
that's on the primary election in two weeks. If the Council lets one side use this forum
they have to let the other side, and then also have to allow for a candidate to use the
same forum, it has happened in the past and he is very uncomfortable with that action.
MOTION by Hanus, seconded by Brown to have staff prepare a policy statement
regarding the use of Council meetings for promoting any ballot question, and that the
policy read that this not happen under any circumstance. This proposed policy will be
presented at a future meeting for consideration. Those voting in favor: Brown, Hanus,
Meisel and Osmek. Those voting against: Meyer. Motion carried.
Gene Zulk, School District Superintendent, stated how pleased he was to attend the
liquor store groundbreaking earlier in the day and commended the Council on their
patience in the development of the downtown. He stated there is going to be a
referendum levy vote on the September 10th primary ballot and that the YES Westonka
Committee sent out a handbook to all residents - not to suggest they vote yes, but to
educate the public on the issue. He thanked the Council and stated that he is excited to
have potential for growth and wants to keep the schools competitive so new families will
consider having their children attend Westonka Schools.
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Mound City Council Minutes - August 27, 2002
13, INFORMATION/MISCELLANEOUS A. LMCD correspondence
B. Correspondence: Westonka Healthy Community Collaborative
C. WAFTA Executive Committee meeting summary
D. LMCC September schedule
E. Memo: LMC on 2003 City budgets
F. FYI: Police Chief Profile
14. ADJOURN
MOTION by Brown, seconded by Hanus to adjourn at 11:30 p.m. All voted in favor.
Motion carried.
nie Ritter, City Clerk
Mayor Pat Meisel /
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