2008-09-30MOUND CITY COUNCIL MINUTES
SEPTEMBER 30, 2008
The City Council of the City of Mound, Minnesota, met in regular session on Tuesday,
September 30, 2008, at 7:30 p.m. in the council chambers of city hall.
Members present: Mayor Mark Hanus; Councilmembers David Osmek, Mike Specht,
and John Beise
Members absent: Councilmember Greg Skinner
Others present: City Attorney John Dean, Acting City Manager Jim Kurtz ,City Clerk
Bonnie Ritter, Community Development Director Sarah Smith, City Planner Rita Trapp,
Parks Superintendent Jim Fackler, Cheryl Martin, Amy Lyon, Amanda Schwarze, Vince
Forystek, Skip Johnson, Ray Salazar, Boe Carlton, Sarah Wyatt, Chris Gears, William
Pletch.
Consent agenda: All items listed under the Consent Agenda are considered to be
routine in nature by the Council. There will be no separate discussion on these items
unless a Councilmember or citizen so requests, in which event will be remove from the
Consent Agenda and considered in normal sequence.
1. Open meeting
Mayor Hanus called the meeting to order at 7:30 p.m.
2. Pledge of Allegiance
3. Approve agenda
MOTION by Beise, seconded by Specht to approve the agenda. All voted in favor.
Motion carried.
4. Consent agenda
MOTION by Beise, seconded by Specht to approve the consent agenda. Upon roll call
vote, all voted in favor. Motion carried.
A. Approve minutes of September 16, 2008 regular meeting
B. Approve payment of claims in the amount of $925,543.07
C. Approve Public Gathering permit for Sunday, October 26, 2008 submitted by
WeCAN for Trek to the Deck, with fee waived as requested
5. Public hearings
A. Assessment hearing on delinquent sewer and water bills
Mayor Hanus called the public hearing to order at 7:35 p.m. William Pletch approached
the Council and asked if he could make installment payments on his outstanding bill and
he was told that he could make prepayments without interest for 30 days, and that after
November 15th the remainder of the assessment would be certified to Hennepin County.
Upon no further comment, Mayor Hanus closed the public hearing at 7:39 p.m.
MOTION by Osmek, seconded by Specht to adopt the following resolution. All voted in
favor. Motion carried.
Mound City Council Meeting -September 30, 2008
RESOLUTION NO. 08-95: RESOLUTION ADOPTING ASSESSMENT FOR
DELINQUENT SEWER AND WATER BILLS AND CERTIFYING TO THE COUNTY
AUDITOR AT 8% INTEREST -LEVY #17171
B. Assessment hearing on CBD Parking Maintenance
Mayor Hanus opened the public hearing at 7:40 p.m. and upon hearing no comment
closed the public hearing.
MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 08-96: RESOLUTION ADOPTING 2008 CBD MAINTENANCE
ASSESSMENT ROLL TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8%
INTEREST
C. Assessment hearing on miscellaneous groperty improvements
Mayor Hanus opened the public hearing at 7:41 p.m. and upon hearing no comment
closed the hearing.
MOTION by Beise, seconded by Osmek to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 08-97: RESOLUTION ADOPTING ASSESSMENT FOR
MISCELLANEOUS PROPERTY IMPROVEMENTS AND CERTIFYING TO THE
COUNTY AUDITOR AT 8% INTEREST
D. Public hearing for consideration of amendment to Zoning Ordinance
Sarah Smith indicated that the public hearing is to consider possible text amendments to
clarify the intent of the regulations and correct inconsistencies within the code sections
with regard to a `structure' as defined by the Code and to consider exempting gutters
from setback requirements.
Mayor Hanus opened the public hearing at 7:50 p.m. and upon hearing no comment,
closed the hearing.
Hanus offered a change in wording of the proposed ordinance, adding "and not subject
to setbacks" after `Gutters are allowable encroachments".
MOTION by Osmek, seconded by Specht to pass the following ordinance as amended.
All voted in favor. Motion carried.
ORDINANCE NO. 11-2008: ORDINANCE AMENDING SUBSECTION 350.310 AND
350.440 OF THE CITY CODE AS THEY RELATE TO THE ZONING ORDINANCE
6. Comments and suSlgestions from citizens present on any item not on the
agenda.
Cheryl Martin, 5410 Three Points Blvd, commended the City for a great job by the
parking deck and suggested that the benches be turned around to enjoy the babbling
brook. She also reported that there are people driving down Old Shoreline Drive,
Mound City Council Minutes -September 30, 2008
between the bank and the dentist, to avoid the stop light intersection. Chief Kurtz will
address this, and Fackler will address the bench issue. Martin also mentioned that after
36 years of being in business in Mound, Mrs. Moy (House of Moy) is retiring and moving
from the community.
7. Boe Carlson from Three Rivers Park District repardinq Dakota Trail
Boe Carlson stated that they are now in transition from construction to an operating trail.
He introduced Chris Gears, Superintendent, and District Commissioner Sarah Wyatt.
Wyatt thanked the City for their cooperation and invited everyone to the ribbon cutting on
October 4.
Carlton addressed the winter use issue and stated that there was a misconception with
the information the City received. Three Rivers' intent is not to close the trail if it is not
plowed by the City, but to keep it open. It will also not be signed as closed by order of
the City Council as previously believed.
Osmek stated that additional signage is needed to direct trail traffic to a safer crossing
than the one they are currently using to cross CSAH 15. Chief Kurtz will work with the
County and the Park District to come up with a solution to this.
8. Planning Commission Recommendation
Discussion/Action on Accessory Dwelling Units (principal and accessory)
Rita Trapp reported that over the last few years there's been increasing interest in the
construction of accessory dwelling units, also known as mother-in-law apartments,
granny flats or guest cottages. Staff conducted research on how other communities
address these types of units and any regulations the community should consider.
Discussion followed regarding the timing of this issue and the need, along with the cost
that the city has already incurred with the research. Beise stated that allowing a use of
this type would open up opportunities for residents that want this. Osmek feels that this
is a solution looking for a problem and disagrees with pursuing it at this time.
MOTION by Osmek, seconded by Specht to discontinue pursuant of Accessory Dwelling
Unit regulations. The following voted in favor: Osmek, Specht, and Hanus. The following
voted against: Beise. Motion carried.
9. Action on Resolution Adopting Assessment
This assessment is for some erosion control that was done at 5139 Waterbury. The
owner has signed a waiver and consent agreement regarding this assessment.
MOTION by Osmek, seconded by Specht to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 08-98: RESOLUTION ADOPTING ASSESSMENT -LEVY #17174
1
Mound City Council Minutes -September 30, 2008
10. Consideration/Action on Ordinance Amending Section 455 of the City Code as
it Relates to Regulating and Licensing Dogs and Cats
Jim Fackler stated that the Parks, Open Space and Docks Commission is
recommending adding something to the city code that permits the Council to allow dogs
in certain parks. Discussion followed as to where in the code this change should be
placed, if at all. This will be researched.
MOTION by Specht, seconded by Beise to table this item. All voted in favor. Motion
carried.
11. Miscellaneous/Correspondence
A. Comments/reports from Councilmembers
B. Reports: Mound Bay Boat Ramp - It was noted that Jim Fackler will be working
with the DNR on this item.
C. Minutes: Planning Commission of September 15, 2008
12. Adiourn
MOTION by Osmek, seconded by Specht to adjourn at 8:49 p.m. All voted in favor.
Motion carried.
,' ~~
~~ Mayor Mark Hanus
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Attest: Bonnie Ritter, City Clerk
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