2003-09-09MOUND CITY COUNCIL MINUTES
SEPTEMBER 9, 2003
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, September 9, 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 Engineer John
Cameron, City Planner Loren Gordon, Finance Director Gino Businaro, Chuck Alcon,
Jim & Amy Dailey, Lisa Holter, Chris Anderson, Scott Hoiseth, Pattie Hardy, Dave Earls,
Larry Olson
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 unless 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 OF ALLEGIANCE
3. APPROVE AGENDA
MOTION by Brown, seconded by Osmek to approve the agenda. All voted in favor.
Motion carried.
4. CONSENT AGENDA
MOTION by Hanus, seconded by Brown to approve the consent agenda.
vote taken, ail voted in favor. Motion carried.
Upon roll call
A. Approve minutes of August 25, 2003 special, August 26, 2003 regular, and
September 2, 2003 special meetings.
B. Approve payment of claims in the amount of $318,046.41.
C. ORDINANCE NO, 09-2003: ORDINANCE AMENDING SECTION 437 OF THE
CITY CODE AS IT RELATES TO DOCK AND SLIP LICENSES
D. Tabling Floodplain Alteration Permit by Sarenpa until September 23, 2003
meeting
E. Approve parade permit for Homecoming Parade on September 26, 2003
F. Approve Partial Payment Request #2 for $94,021.78 to Valley Paving for the
2003 Street Reconstruction Project
Council Minutes - September 9, 2003
G. Approve Payment Request #1 from Landwehr for $63,365.25 for the Longpre
Building Demolition
Mayor Meisel recessed the meeting at 7:31 p.m. to continue the HRA meeting that
was continued from September 8.
Mayor Meisel reconvened the council meeting at 7:44 p.m.
5. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT
ON THE AGENDA
None were offered.
6. PUBLIC HEARING
Case #03-33: WARA Real Estate, Inc., Preliminary Plat & PDA-CUP for 2241
Southview Lane
Loren Gordon reviewed the request by WARA Real Estate, for approval of the
preliminary plat and PDA-CUP at 2241 Southview Lane. The plat creates 13 single-
family lots from the 5.4 acre property to be known as Langdon Trails. The Planning
Commission and City Staff recommend approval with conditions as noted in the
resolution.
Mayor Meisel opened the public hearing at 8:20 p.m.
Chris Anderson, 2231 Southview Lane, indicated that the proposed Lots 1 and 2 back
up her property. The issue of the fence that runs along the south side of her property,
adjacent to the proposed development has not been addressed. She hasn't heard any
mention of the fence and was wondering what would happen to it. She also stated that
snowmobiles come down their road all of the time and would find a way to use the
proposed trail going through the development. She also expressed a concern, not only
over the increased amount of traffic, but the speed of traffic in the neighborhood. The
probability of increased property taxes was also a concern that she expressed. John
Dean commented that the plat makes it look like the fence is on the developer's site.
Alcon indicated that if he is open to doing what the neighborhood wants with the fence.
If it, however, is in bad shape, it will probably be removed and replaced with spruce
trees. Anderson indicated that she would be all right as long as some type of barrier
remains there.
Osmek asked John Cameron about the feasibility of a 3-way stop at Chestnut and
Southview. Cameron answered that is he not a traffic engineer and it was suggested
that the Police Department look at this concept.
Scott Hoiseth, 6100 Sugar Mill Lane, expressed concern over the drainage to the
southwest of the development. He asked if there is something that will assure the
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Council Minutes - September 9, 2003
drainage be dealt with if it is a problem after the fact. Alcon stated he plans on using
the existing drainage-way or install a culvert if that won't hold the water. The
stormwater calculations that he had compiled show that the existing ditch will be
adequate to handle the drainage.
Mayor Meisel closed the hearing at 8:30 p.m.
Discussion followed regarding changes to the resolution as proposed. Alcon indicated
that he would be willing to include in the association documents that trail maintenance,
drainage installation and maintenance, and pond maintenance are the responsibility of
the association.
MOTION by Brown, seconded by Hanus to adopt the following resolution as amended.
All voted in favor. Motion carried.
RESOLUTION NO. 03-77: RESOLUTION GRANTING PRELIMINARY PLAT
APPROVAL FOR THE LANGDON TRAILS RESlDENTAIL DEVELOPMENT AS A
PLANNED DEVELOPMENT AREA (PDA) BY CONDITIONAL USE PERMIT (CUP)
P&Z CASE #03-33 - PID #14-117-24-34-0004
7. 2004 BUDGET
A. LEVY FOR HRA FOR THE YEAR 2004
MOTION by Hanus, seconded by Osmek to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 03-78: RESOLUTION APPROVING A LEVY NOT TO EXCEED
$116,506 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION,
PURSUANT TO THE PROVISIONS OF MSA 469, OF THE HOUSING AND
REDEVELOPMENT AUTHORITY OF AND FOR THE CITY OF MOUND FOR THE
YEAR 2004.
B. APPROVING 2004 PRELIMINARY GENERAL FUND, LEVY AND OVERALL
BUDGET
MOTION by Osmek, seconded by Hanus to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 03-79: RESOLUTION APPROVING THE 2004 PRELIMINARY
GENERAL FUND BUDGET IN THE AMOUNT OF $4,025,400; SETTING THE
PRELIMINARY LEVY AT $3,346,210; AND APPROVING THE PRELIMINARY
OVERALL BUDGET FOR 2004.
8. CONSIDERATION/ACTION ON AMENDMENT NO. 2 TO AGREEMENT FOR
CSAH 15 PROJECT
John Dean explained that this amendment is basically to pick up loose ends that weren't
addressed when the original right-of-way agreement was written.
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Council Minutes - September 9, 2003
MOTION by Hanus, seconded by Brown to adopt the followingn resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 03-80: RESOLUTION AUTHORIZING MAYOR AND CITY
MANAGER TO ENTER INTO AGREEMENT FOR RIGHT-OF-WAY ACQUISITION
AMENDMENT NO. 2 TO AGREEMENT NO. PW 04-06-02 WITH HENNEPIN COUNTY
9. JIM DAILEY ON REQUEST TO COUNCIL REGARDING CITY CODE AS IT
RELATES TO ON-SALE INTOXICATING LIQUOR LICENSES
Jim Dailey, owner of Carbone's in Mound MarketPlace, addressed the Council,
informing them that since it's opening Carbone's has been doing better than he thought
it would, which led him to form separate company with plans to open an Irish Pub next
door. As our ordinance is now written, to get an on-sale liquor license with a restaurant,
the principal part of the business must be the serving of food, as measured by dollar
volume of sales. He doesn't anticipate that the new Pub will have the majority of sales
in food, and is asking the Council for suggestions as to how he can obtain an on-sale
license for this business.
John Dean quoted the definition of restaurant from the state statute, which differs from
the city's definition. The State definition does not contain the stipulation that the
majority of sales must be from food.
Osmek stated that he would like to know what surrounding cities are doing with this
regard and also what type of food to liquor ratio the clubs in town are realizing.
Staff was directed to do further research on neighboring cities and report back at the
next Council meeting.
10. CONSIDERATION/ACTION ON A RESOLUTIONON FUNDING ADDED WATEE
PATROL ON LAKE MINNETONKA
MOTION by Hanus, seconded by Brown to adopt the following resolutions, as
amended. All voted in favor. Motion carried.
RESOLUTION NO. 03-81: RESOLUTION STATING THE POSITION OF THE CITY
COUNCIL REGARDING LAW ENFORCEMENT RESPONSIBILITIES ON LAKE
MINNETONKA
11. UPDATE BY LARRY OLSON ON METROPLAINS DEVELOPMENT
Larry Olson stated that three areas would be covered: 1) construction status of fountain;
2) Dave Earls update on operations of the MarketPlace; 3) status of residential portion.
Earls explained the complexity of the fountain construction, stating that the fountain
should be completed and go through its test phase by the end of October or early
November.
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Council Minutes - September 9, 2003
Brown asked who was responsible for cleaning the parking lot, because of the noted
mess of excess cigarette butts, etc. Earls stated that the mess is due to the entire
building being no-smoking. The trash receptacles will be replaced after the bees quiet
down for the season. He also noted that they will have maintenance on site 4-6 hours
per day picking up garbage, cigarette butts, weeding, etc.
Earls stated that tenants of MarketPlace have indicated substantial increase in business
since moving there and feels that all are doing well.
Olson stated that regarding the residential aspect, at the end of the week invitations will
go out for the grand opening of the Great House that was completed last month. Forty-
two of the ninety-nine units have been built and another 6-plex is starting now. They
anticipate an 18-month build out for the balance of the residential dwellings.
12. EXECUTIVE SESSION REGARDING ROEGLIN ASSESSMENT APPEAl
Mayor Meisel indicated at 10:05 p.m., that the Council would go into Executive Session
to discuss matters of client/attorney privilege.
The Council returned to regular session at 10:16 p.m.
MOTION by Osmek, seconded by Brown to proceed with action as recommended by
the City's legal counsel. All voted in favor. Motion carried.
13. INFORMATION/MISCELLANEOU~ A. Report: Harbor Wine and Spirits - Aug 2003
B. Article: Int'l Pilot Program: 1st Minnesota/Sweden Exchange Program
C. Notice: 3207 Charles Lane - PD training
D. Correspondence: LMCC
E. FYI: Saunders Lake
F. Article: MN Real Estate Journal
G. Letter: Hennepin County Environmental Services
H. FYI: Training opportunity
I. FYI: The Winner's Circle
J. Correspondence: Westonka Schools
K. FYI: James T. Casey & Mound Volunteer Fire Relief Assoc benefits
L. FYI: Legal update
M. Newsletter: Gillespie Center
N. Minutes: Planning Commission -Aug 18, 2003
14. ADJOURN
MOTION by Brown, seconded by Osmek to adjourn at 10:17 p.m. All voted in favor.
M?e~ carried. ,
Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel
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is smelly, unattractive and attracts rodents and animals. If the code allows for this, he
suggested a code change with this respect. Smith indicated that the code regulates
dumpsters when located at properties housing three or more residences, so it doesn't
apply in this case.
Bob Hanson, 5425 Bartlett, also expressed opposition to the permit.
David Hanson, 2583 Lost Lake Road, indicated that there are presently 3 dwellings on
the subject property, when only zoned for two. The Building Official will look into this to
verify. He indicated that he believes that the applicant should have to remove all of the
fill that was placed on the property without a permit. He doesn't think that the modified
plan, which moves the excavation 10', will rectify the problem.
Mayor Meisel recessed the meeting at 9:02 p.m. and reconvened at 9:08 p.m.
Smith indicated that she would refer the occupancy issue to the Building Official and the
dock issue to the Parks Director.
MOTION by Brown, seconded by Hanus to accept staff's recommendation to approve
the modified floodplain alteration application subject to conditions as noted in Smith's
memo of 9/18/03, and require that the dumpster be screened and deodorized.
Discussion followed, with some councilmembers wanting to know the outcome of the
occupancy issue and dock issue before acting on this matter.
MOTION by Osmek to table this item until October 14th and withdrew this motion.
MOTION by Osmek, seconded by Meisel to table action on this item until the October
28th meeting to allow for results of above noted concerns. The following voted in favor:
Osmek and Meisel. The following voted against: Brown, Hanus and Meyer. Motion
failed.
MOTION by Brown, seconded by Hanus to have staff prepare a resolution of approval
of the subject permit, to be available at the October 14th meeting, with note that
preparation of the resolution does not constitute approval. Meyer stated that he would
like to see this resolved this evening. The following voted in favor: Brown, Hanus,
Meisel and Osmek. The following voted against: Meyer. Motion carried.
John Dean stated that the above directed resolution will include findings and if it doesn't
pass on the 14th, another resolution for denial can be submitted for consideration at the
October 28th meeting.
11. DISCUSSION/ACTION ON REQUEST FOR CITY CODE AMENDMENT BY JIM
DAILEY
Meisel gave the background of this request, being that Jim Dailey, owner of Carbone's
is proposing to open another establishment next door. He wants an on-sale liquor
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