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2003-06-24MOUND CITY COUNCIL MINUTES JUNE 24, 2003 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 24, 2003, 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, Steve Kehn, Jim Sampson, Kris Lovaas, David Zillian, Gene Hostetler, Robert Howell, Jim Anderson, Skip and Heidi La Joy, Darlene and David Bjork, Tom Stokes, Kristine Lovaas, David Zillian Consent Agenda: Ail 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 the meeting to order at 7:30 p.m. 2. PLEDGE OFALLEGIANCF 3. APPROVE AGENDA Hanson added information to 4E, being the bid date of July 30, 2003, at 11:00 a.m. and added item 12A, Live Music Permit Application. Meisel asked for the removal of C3 from the consent agenda and added it as 7A to the regular agenda. MOTION by Hanus, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 4. CONSENT AGENDA MOTION by Brown, seconded by Osmek to approve the consent agenda. vote, all voted in favor. Motion carried. Upon roll call Approve minutes of the June 10, 2003 regular meeting. Approve payment of claims in the amount of $391,037.65. Approve Planning Commission Recommendations 1. RESOLUTION NO. 03-58: RESOLUTION TO APPROVE A FRONT SETBACK VARIANCE OF 4.3 FEET FOR A NEW HOUSE TO BE CONSTRUCTED AT 4955 DONALD DRIVE, P&Z CASE #03-25, PID #24-117- 24-44-0145. Mound City Council Minutes - June 2~ 2003 2. RESOLUTION NO. 03-59: RESOLUTION TO APPROVE A LAKESIDE SETBACK VARIANCE AND SETBACK FOR PROPERTIES IN THE B-1 DISTRICT WHICH ARE ADJACENT TO RESIDENTIALLY ZONED PROPERTIES TO ALLOW FOR EXPANSION AT THE MOUND VFW LOCATED AT 2544 COMMERCE BOULEVARD. P&Z CASE #03-18, PID #23-117-24-11-0028. 3. (Case moved to item 7A) D. Approve payment request No. 4 to Dave Perkins Contracting, Inc., for 2002 Storm Sewer Improvements, in the amount of $20,696.68. E. Approve setting bid date for Lost Lake Greenway Project for July 30, 2003, at 11:00 a.m. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA. None were offered. 6. PUBLIC HEARINGS A. Case #02-20: Rezonin.q and Comprehensive Plan Amendment(s) Consistent with M.S.S. Loren Gordon explained that the purpose of the proposed revisions is to correct the inconsistencies with zoning and the existing use of the property as required by statute. Mayor Meisel opened the public hearing at 7:43 p.m. Jim Sampson, 2304 Chateau Lane, expressed concerns over his property being changed to a level of higher density. Jim Bedell, 2627 Wilshire Blvd, owns properties in the affected area and voiced concerns over possible land use changes. Gordon gave him clarification and explained the zoning changes vs. the comprehensive plan changes. Chip Gray, 5190 Lynwood, voice agreement with Sampson, that he desires the area to be kept Iow density. Mayor Meisel closed the public hearing at 8:00 p.m. Council discussion followed regarding the feasibility of changing these areas to high density when the proposed new development includes a lot of high density. It was suggested that it may be more feasible to change the comp plan to match the present zoning. There would have to be a new hearing set for this concept, along with legal notification. 2 Mound City Council Minutes - June 2~ 2003 MOTION by Osmek, seconded by Brown to recommend the comprehensive plan changes as proposed by staff. All voted in favor. Motion carried. MOTION by Osmek, seconded by Hanus to accept staff recommendation on the proposed rezoning, with the exception of the properties on Fairview and Chateau Lane. Upon roll call vote taken, all voted in favor. Motion carried. Staff will prepare information on comprehensive plan recommendations on the properties on Fairview and Chateau Lane for Planning Commission review, and subsequent public hearing by Council. B. Case #03-24: Bruce Reno - CUP Amendment (2851 Tuxedo Blvd.) Gordon reviewed the conditional use permit amendment submitted by Bruce and Joan Reno who are proposing to build a two-story addition to the rear of their home that would replace an existing deck. A new deck would also be constructed on the north side of the addition. The request requires an amendment to the CUP which was approved for the property in 1983. Mayor Meisel opened the public hearing at 8:15 p.m. Bruce Reno, 2851 Tuxedo, expressed confusion over whether he needed to present another survey for the property because of the concern over if part of his property is really city right-of-way. MOTION by Hanus, seconded by Osmek to continue the public hearing until 7:30 p.m. on July 8, 2003, so that the issue of the right-of-way can be resolved. All voted in favor. Motion carried. 7. PUBLIC SAFETY FACILITY UPDATF Don Geiger of Amcon updated the Council on progress of the Public Safety Facility, covering the budget worksheet and work schedule. MOTION by Brown, seconded by Hanus to accept the Iow bid for millwork from Wilke Sanderson in the amount of $29,646.00. All voted in favor. Motion carried. 7A. CASE #03-22 - SKIP & HEIDI LAJOY: VARIANCES AT 1872 SHOREWOOD LN The Planning Commission recommended approval of a 5' front yard variance and a 6' side yard variance. The La Joys wanted to appear before the Council to request the side yard variance be granted as applied for, which was a 4' setback, not 6'. After discussion, motion by Brown, seconded by Hanus to adopt the following resolution. Osmek stated that he feels that technically this should go back to the Planning Commission for reconsideration, then he would support the request. The 3 Mound City Council Minutes - June 2~ 2003 following voted in favor: Brown, Hanus, Meisel and Meyer. The following voted against: Osmek. Motion carried. RESOLUTION NO. 03-60: RESOLUTION TO APPROVE A FRONT SETBACK VARIANCE OF 5 FEET AND A SIDE SETBACK VARIANCE OF 2 FEET TO ALLOW CONSTRUCTION OF A GARAGE/ADDITION AT 1872 SHOREWOOD LANE, P&Z CASE #03-22, PID #18-117.23-23-0025 8. REQUEST FOR EXTENSION OF MOUND HARBOR RENAISSANCE PRELIMINARY DEVELOPMENT AGREEMENT Meisel stepped down as Mayor for this discussion because she and her husband own property in the proposed redevelopment area. Acting Mayor Hanus summarized the action taken earlier at the HRA meeting. MOTION by Osmek, seconded by Hanus to approve an extension of the preliminary developers agreement with MHR until July 8, 2003, to allow for further analysis. The following voted in favor: Brown, Hanus, Osmek and Meyer. The following voted against: None. Mayor Meisel abstained from voting. Mayor Meisel returned to preside over the balance of the meeting. 9. PLANNING COMMISSION RECOMMENDATIONS Case #03-23: Kristine Lovaas, 2305 Norwood Lane - Variance. The Planning Commission recommended denial of the reques[ to allow construction of a six foot solid wood fence to be located within the 20 foot front setback along Shoreline Drive. The applicant, Kristine Lovaas and David Zillian appeared before the Council to stress that the County showplows are pushing show that's ruining their landscaping and throwing snow tight against their house. Zillian stated that the Planning Commission stated there is no hardship, but there's clearly hardship due to the negligence of the Police Department to enforce the speed limit, allowing the County plows to go travel at excess speeds, throwing the show up on their yard, to their house. After discussion, MOTION by Hanus, seconded by Meyer to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 03-61: RESOLUTION DENYING A VARIANCE FOR A SIX (6) FOOT FRONT YARD FENCE AT 2305 NORWOOD LANE, P&Z CASE #03-23, PID #13-117-24-44-0104. 4 Mound City Council Minutes - June 2~; 2003 Mayor Meisel called for a 10 minute recess at 9:25 p.m. 10, ACTION DIRECTING THAT ELECTRIC DISTRIBUTION FACILITIES WITHIN THF CSAH15/110 AND DOWNTOWN REDEVELOPMENT PROJECT AREAS BF RELOCATED OR PLACED UNDERGROUND ON PUBLIC PROPERTY MOTION by Brown, seconded by Osmek to adopt the following resolution. The following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. RESOLUTION NO. 03-62: RESOLUTION DIRECTING THAT ELECTRIC DISTRIBUTION FACILITIES WITHIN THE CSAH 151110 AND DOWNTOWN REDEVELOPMENT PROJECT AREAS BE RELOCATED OR PLACED UNDERGROUND ON PUBLIC PROPERTY. 11. POLICE DEPARTMENT A. Consideration/Action on proposed policy prohibiting firearms at work Chief Kurtz presented a proposed policy to the Council regarding prohibition of firearms at work by City employees. MOTION by Brown, seconded by Osmek to table this for 90 days to gather more information and monitor the situation. All voted in favor. Motion carried. B. Consideration/Action on request for police vehicle Chief Kurtz requested $34,691 from the 2002 audited budget to purchase a 2004 Ford Crown Victoria Police Interceptor. MOTION by Meyer, seconded by Meisel to approve the purchase of a 2004 Ford Crown Victoria Patrol car as requested. All voted in favor. Motion carried. C. ConsiderationAction authorizinq execution of aqreement for Safe and Sober Communities Proqram Chief Kurtz requested that the Council approve participation in a partnership agreement with the Orono Police Department in a multiple agency Safe and Sober grant. MOTION by Meyer to adopt the resolution authorizing the agreement. Motion died for lack of a second. MOTION by Brown, seconded by Osmek to table action on this agreement, and direct Chief Kurtz to supply the Council with a draft of the agreement and grant, for consideration at the next Council meeting. The following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. 5 Mound Council Minutes - June 24 2003 12. ACTION ON CITY MANAGER'S PERFORMANCE EVALUATION~ INCLUDING SALARY. The Council went into Executive Session at 10:40 p.m. to discuss the City Manager's performance evaluation. The Council meeting reconvened at 11:00 pm. MOTION by Brown, seconded by Hanus to adopt the following resolution. The following voted in favor: Brown, Hanus, Meisel and Meyer. The following voted against: Osmek. Motion carried. RESOLUTION NO. 03-63: RESOLUTION AMENDING EMPLOYEE AGREEMENT BETWEEN THE CITY OF MOUND AND CITY MANAGER KANDIS HANSON. 12A. LIVE MUSIC PERMIT APPLICATION MOTION by Brown, seconded by Hanus to approve a live music permit application submitted by the Mound Evangelical Free Church for "Lotfest" on July 2, 2003, from 6:00 to 10:00 p.m. All voted in favor. Motion carried. 13. INFORMATION/MISCELLANEOUS B. C. D. E. F. G. H. J. K. Correspondence: LMCD Memo: 2003 AMM Policy Committees Newsletter: Mediacom Report: Mound Police Dept - May 2003 Letter: Ridgeview Medical Center Correspondence: Westonka Healthy Community Collaborative FYI: Punchlist for Mound MarketplaceNillage by the Bay Article: Chaska Council adopts gas franchise fees LMCC calendar- July 2003 Newsletter: Lake Minnetonka Association Article: Spending isn't the Problem 14. ADJOURN MOTION by Brown, seconded by Meyer to adjourn at 11:05 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 6