2012-05-22 CC Meeting MinutesMOUND CITY COUNCIL MINUTES
May 22, 2012
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, May 22, 2012, at 7:00 p.m. in the council chambers of city hall.
Members present: Mayor Mark Hanus; Councilmembers Kelli Gillispie, Ray Salazar, David
Osmek and Heidi Gesch
Others present: City Attorney John Dean, City Clerk Bonnie Ritter, Community Development
Director Sarah Smith, Acting City Manager Catherine Pausche, City Attorneys Melisa
Manderschied and Julie Eddington, Fire Chief Greg Pederson, Roger Brandel, Duane Norberg,
Sean Royer, Johann Chemin, Rnady & Amy Grunow, David Paquette, Tom LaVoie, Mike
Regan, Beverly Paine, David Thompson
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 it will be removed from the Consent
Agenda and considered in normal sequence.
1. Open meeting
Mayor Hanus called the meeting to order at 7:00 p.m.
2. Pledge of Alleaiance
3. Approve agenda
Hanus indicated that Item 9 should have been included in the Miscellaneous, and requested
that Item 9 be omitted and added to Item 11.
MOTION by Osmek, seconded by Gesch to approve the agenda as amended. All voted in
favor. Motion carried.
4. Consent agenda
Gesch requested the removal of Item H for discussion.
MOTION by Gesch, seconded by Osmek to approve the consent agenda as amended. Upon
roll call vote, all voted in favor. Motion carried.
A. Approve payment of claims in the amount of $148,474.38
B. ORDINANCE NO. 03 -2012: AN ORDINANCE AMENDING ORDINANCE NO. 08 -2003
IMPLEMENTING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER D /B /A
XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITHIN THE CITY OF MOUND
C. ORDINANCE NO. 04 -2012: AN ORDINANCE AMENDING ORDINANCE NO. 05 -2003
IMPLEMENTING A GAS FRANCHISE FEE ON CENTERPOINT ENERGY MINNEGASCO
FOR PROVIDING GAS SERVICE WITH THE CITY OF MOUND
D. Approve Pay Request No. 5 from Minger Construction, Inc., in the amount of $18,236.92 for
work completed on the 2011 Lift Station Improvement Project, City Project PW -11 -03
E. Approve the following liquor license renewals, contingent upon receipt of all required forms,
fees, and certificates of insurance:
Mound City Council Minutes — May 22, 2012
On -Sale Liquor — Al & Alma's Supper Club Corp.
Willette Companies, LLC (dba Carbone's Pizzeria Bar & Grill)
Sunday On -Sale Liquor— Al & Alma's Supper Club Corp.
Willette Companies, LLC (dba Carbone's Pizzeria Bar & Grill)
American Legion Post 398
Club On -Sale Ligour: American Legion Post 398
Off -sale 3.2 Malt Beverages — PDQ Food Stores, Inc.
Northern Tier Retail, LLC (dba SuperAmerica #4194)
F. Approve permits for the Spirit of the Lakes Festival (with fee waivers)
Temporary On -sale Liquor License for July 14, 2012
Temporary On -sale Liquor License for July 19 -22, 2012
Parade Permit for July 21, 2012
Temporary Sign Permit
G. RESOLUTION NO. 12 -44: RESOLUTION APPROVING EXPANSION PERMIT FOR 2650
LAKEWOOD LANE
H. (removed)
1. RESOLUTION NO. 12 -45: RESOLUTION AMENDING AND REPLACING RESOLUTION
08 -103, APPROVING VARIANCE FOR 1558 DOVE LANE
J. RESOLUTION NO. 12 -46: RESOLUTION DESIGNATING HANDICAPPED PARKING ON
A PORTION OF HANOVER ROAD
4H. Sign Variance for Mound MarketPlace
Gesch indicated that she wanted this pulled from the consent agenda because she previously
indicated she was in favor of the color variance, but not the size variance. Osmek also
indicated he didn't have a problem with changing to color, but did not agree with the size
variance.
MOTION by Hanus, seconded by Salazar to adopt the following resolution. The following voted
in favor: Gillispie, Salazar, Hanus. The following voted against: Gesch and Osmek. Motion
carried.
RESOLUTION NO. 12 -47: RESOLUTION AMENDING RESOLUTION NO. 03 -12,
APPROVING SIGN AREA VARIANCE AND MODIFYING CONDITION TO ALLOW USE OF
COLOR FOR TENANT SIGNAGE AREA IDENTIFICATION SIGN AT MOUND
MARKETPLACE
5. Comments and suggestions from citizens present on any item not on the agenda.
None were offered.
6. Resolution expressing appreciation to City Attorney John Dean
MOTION by Osmek, seconded by Gesch to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 12 -48: RESOLUTION EXPRESSING APPRECIATION TO CITY
ATTORNEY JOHN DEAN
Mayor Hanus read the resolution aloud and thanked Mr. Dean for his years of service to the City
of Mound. He also introduced Melissa Manderschied, the attorney from Kennedy & Graven that
will now be serving as our City Attorney.
Mound City Council Minutes — May 22, 2012
7. Grant for Fire Department Pagers
Roger Brandel, area manager for CenterPoint Energy presented a Community Partnership
Grant Check in the amount of $1,000 to Fire Chief Pederson for Fire Department pagers.
8. Consideration of proposed Walgreens Redevelopment Project applications /requests
from Semper Development for certain parcels in vicinity of SW corner of Commerce and
Lynwood Blvds.
The Council will conduct the public hearings concurrently for the rezoning, conditional use
permit, preliminary plat -major subdivision, and vacation of public alley.
Mayor Hanus called the public hearing to order at 7:13 p.m.
Rita Trapp of Hoisington Koegler Group reviewed the following requests from Semper
Development: Subdivision exemption; Alley vacation; Rezoning; CUP including specific sign
program; Preliminary plat; and Final plat
Semper Development has submitted development plans for the redevelopment of the corner of
Lynwood and Commerce Blvds. The site area is 1.3 acres, or 56,494 square feet. It involves
the removal of an existing 15 -unit apartment building and four commercial buildings. The
redevelopment of this site is entirely private with willing sellers. The project includes the
construction of a 14,378 square foot Walgreens and plans for a 1,010 square foot future tenant
building. The development also involves a land transfer between the applicant and the
Hennepin County Regional Rail Authority to modify the amount of right -of -way surrounding the
Dakota Rail Regional Trail located immediately south of the project site.
Trapp reviewed the process, signage, lighting, building fagade entrances, landscaping, and park
dedication. She indicated that the Planning Commission and City Staff recommend approval of
the six resolutions and one ordinance presented, and noted that Kennedy & Graven supplied
the plat opinion.
Mayor Hanus opened the hearing up to public comment.
Johann Chemin, 6039 Beachwood Road, presented the issue he has with parking. He feels
that the parking being proposed is more than what is necessary. He also questioned whether
this proposal is pedestrian friendly, and that is not valid as a Pedestrian Planned Unit
Development. He also stated that there is prime exposure for solar panels and this would be
good for business and set a good example for the community.
Sarah Smith answered by stating that there is no set parking standard in the Pedestrian District,
and that the parking designed for this site is less than what the code would require in a B -1
zone. Hanus stated that this is a mixed commercial use, this qualifies as mixed use and doesn't
have to have residential included.
Duane Norberg, 6015 Aspen Road, stated this is not user /pedestrian friendly as proposed.
There is no access from the Commerce or Lynwood and he asked why they couldn't put an
entrance off at least one of those streets. Hanus stated that that issue was discussed at length
and feels that if Walgreens thinks they're losing business because they don't have a door there,
they can and probably will add one there.
Mound City Council Minutes — May 22, 2012
Mike Regan, owner of Porta Del Sol restaurant, asked the Mayor about the comment he made
in the City Contract that there would probably be a bistro /small cafe in the stand alone building,
and previously when he had an application in to the City, Hanus stated that there would be no
bistros /small cafes in this town. Hanus stated that this use had been suggested, but it is up to
Walgreens who they sell that building to, and what they use it for.
Beverly Paine, 5709 Lynwood Blvd. made the Council aware of an issue she has with the
removal of one of the driveways for the apartment buildings, and the added use that puts on the
other driveway that is close to hers. She stated there won't be enough parking and her property
will be affected. Osmek stated that one of the apartments will be removed, along with its
driveway and thus the need for parking will be reduced by half. He also commented that
emergency vehicles have access to her house from Lynwood, and if need be, hoses would
reach to the rear. He also stated that if people are parking in her driveway, she need so take
action and have them towed. It was indicated that City Staff work with Ms. Paine on her issue.
David Thompson, 6108 Bartlett Blvd, asked how much the Council and developer spend on
trying to put the business on Auditors Road. He asked if the City suggested the proposed site
for the development, or did Semper choose the location. Hanus told him that Semper came in
with a development plan for the Lynwood /Commerce site. This was the site they desired after
doing their due diligence.
Tom Lavoie, 6549 Bartlett Blvd, stated he thinks the design is terrific, he loves the fagade with
the turrets, the materials, windows, etc. He is really happy that Walgreens is considering this
project and would like to see this thing go forward. He commended Sarah Smith on her work,
and thanked the Council for pursing this, and for their service to the community.
Johann Chemin, 6039 Beachwood Road, asked the Mayor to explain how he can view this as
pedestrian when it's a traffic oriented business. Hanus stated that downtown business must
cater to pedestrian and auto traffic. If we didn't cater to any care traffic, we will be a ghost town
like years ago. He then explained the definition of a pedestrian planned unit development.
Chemin then restated his issue with the plan offering too much parking.
After no further comment, Mayor Hanus closed the public hearing at 8:48 p.m.
MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 12 -49: RESOLUTION GRANTING APPROVAL OF A SUBDIVISION
EXEMPTION
MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 12 -50: RESOLUTION GRANTING APPROVAL OF AN ALLEY
VACATION
Mound City Council Minutes — May 22, 2012
MOTION by Osmek, seconded by Salazar to pass the following ordinance. All voted in favor.
Motion carried.
ORDINANCE NO. 05 -2012: AN ORDINANCE APPROVING REZONING OF CERTAIN
PARCELS FROM B -1 CENTRL BUSINESS DISTRICT AND R -3 MULTIPLE FAMILY
RESIDENTIAL TO PEDESTRIAN PLANNED UNIT DEVELOPMENT DISTRICT
MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 12 -51: RESOLUTION GRANTING APPROVAL OF CONDITIONAL USE
PERMIT FOR A PLANNED UNIT DEVELOPMENT
MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 12 -52: RESOLUTION GRANTING APPROVAL OF PRELIMINARY
PLAT /MAJOR SUBDIVISION FOR CONNER GREEN ADDITION
MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 12 -53: RESOLUTION GRANTING APPROVAL OF FINAL PLAT /MAJOR
SUBDIVISION FOR CONNER GREEN ADDITION
9. Approval of minutes
MOTION by Salazar, seconded by Osmek to approve the minutes of the April 11, 2012 special
meeting, the May 1, 2012 special meeting, the May 8, regular meeting, and the May 15, 2012
special meeting. All voted in favor. Motion carried.
10. Information /Miscellaneous
A.. Comments /reports from Councilmembers /City Manager
B. Minutes: Docks & Commons Comm. — 4/19/12
Planning Commission - 4/3/12
Parks & Open Space Comm. - 5/10/12
C. Reports: Resolution from St. Boni regarding cooperative fire protection
D. Correspondence: Letter from Lake Minnetonka Conservation District
E. Article: Public Health & Preventive experts recommend against
privatization of retail alcohol sales in places that currently
have government control
11. Adiourn
MOTION by Osmek, seconded by Salazar to adjourn at 8:54 p.yxl.
carried.
Attest: Vicki Weber, Acting City Clerk
All vo d in favor. Motion
Mayor Mark Hanus