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2004-01-27MOUND CITY COUNCIL MINUTES JANUARY 27, 2004 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January 27, 2004, 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, Community Development Director Sarah Smith, Finance Director Gino Businaro, Public Works Director Carlton Moore, City Planner Loren Gordon, Bill Hartman, Steve Sexton, Suzanne Matachek. 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 roil carl 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 AND PLEDGE OF ALLEGIANCE Mayor Meisel called the meeting to order at 7:30 p.m. and the Pledge of Allegiance was recited. 2. APPROVE AGENDA MOTION by Brown, seconded by Osmek to approve the agenda. All voted in favor. Motion carried. 3. CONSENT AGENDA Meyer requested the removal if items 3A and 3B and Hanus requested the removal of 3E. MOTION by Brown, seconded by Osmek to approve the consent agenda with the exception of A,B and E. All voted in favor. Motion carried. A. (removed) B. (removed) C. RESOLUTION NO. 04-19: RESOLUTION APPROVING A MINOR SUBDIVISION OF THE PROPERTY LOCATED AT 306413070 ALEXANDER LANE. P&Z CASE #03-52, PID #24-117-24-44-0241. D. Approve special meeting workshop for Department Annual Reports to the City Council for March 20, 2004, at 6:30 p.m. E. (removed) F. Approve not waiving the monetary limits on municipal tort liability established by Minnesota Statutes 466.04. Mound Council Minutes - January 27, 2004 3A. APPROVE MINUTES Meyer requested a change in language regarding the MCWD buffer discussion from January 13th. He asked that the third paragraph under item 8 be amended as follows: Meyer quoted from the 4-1--page Rule M guidance document obtained from the Watershed. Hanus asked that the following sentence be amended as follows: Discussion followed regarding validity of data and it was determined that no scientific data was included in this guidance document. Meyer stated that this evening he copied 13 pages from the 41-page document regarding the research and documentation and how the watershed came to the conclusions that they did. He didn't have studies with him but stated they are on the website. Osmek stated point of order, being that this item was voted on and approved at the last meeting, and that there are no scientific studies done by any reputable source. MOTION by Osmek, seconded by Hanus to approve the minutes of the January 13, 2004 meeting, with the changes as underscored above. The following voted in favor: Brown, Hanus, Meisel, Osmek. The following voted against: Meyer. Motion carried. 4B. APPROVAL OF CLAIMS Meyer stated he requested removal of this item from the consent agenda to discuss the bill from Lake Restoration, Inc., for $1,659.84 for treatment of Beachwood Pond. He is not satisfied that using chemicals is the way to rectify the problem. He would like to see the MCWD and the neighborhood get together to find something softer. He wants this bill separated from the other claims so he can vote against this item. MOTION by Osmek, seconded by Brown to approve the presented claims in the amount of $626,992.85. Upon roll call vote, the following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. 4E. APPROVE RESOLUTION ACCEPTING DONATION BENEFITTING CITY OF MOUND EMPLOYEES Hanus requested the addition of another paragraph to read: Whereas, the City Council finds and determines that utilizing the gift to approve an employee appreciation event promotes efficiency and morale and serves an important public purpose. MOTION by Hanus, seconded by Osmek to adopt the following resolution, as amended. All voted in favor. Motion carried. RESOLUTION NO. 04-20: RESOLUTION ACCEPTING DONATION 2 Mound Council Minutes - January 27, 2004 COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA - None were offered. 5. PUBLIC HEARING Case #03-37/03-38/03-39: Steve Homola; 2420 Wested.qe Blvd., Minor Subdivision/Variance/CUP Loren Gordon explained the background of the applications including a conditional use permit and variance to allow a minor subdivision of the Homola property at 2420 Westedge Blvd. He reviewed the site data including utility locations and availability and maintenance agreements prepared by Staff. A revised resolution including the condition requiring submittal of development/utility escrow was provided to the council this evening. The Planning Commission has recommended approval with conditions. It was noted that City Attorney John Dean aided in preparation of the subject documents. Mayor Meisel opened the public hearing and asked for public comment. Upon receiving none, she closed the public hearing. MOTION by Osmek, seconded by Brown to adopt the following resolution as amended. All voted in favor. Motion carried. RESOLUTION NO. 04-21: RESOLUTION APPROVING A MINOR SUBDIVISION, CONDITIONAL USE PERMIT AND VARIANCE FOR THE PROPERTY LOCATED AT 2420 WESTEDGE BOULEVARD. P&Z CASE #03-37, 03-38, AND 03-39. PID #23- 117-24-22-0005. 6. PLANNING COMMISSION RECOMMENDATION Case #03-47: Frank & Suzanne Matachek; 2530 Ruby Lane - Minor Subdivision/Variance Smith reviewed the minor subdivision and variance requests. MOTION by Osmek, seconded by Brown to adopt the following resolution and approve waiving the Water Truck Area Charge of $1500 for the new lot, as the second connection which was installed previously was used by an adjoining lot, therefore increasing the cost for access. All voted in favor. Motion carried. RESOLUTION NO. 04-22: RESOLUTION APPROVING A MINOR SUBDIVISION AND VARIANCE FOR THE PROPERTY LOCATED AT 2530 RUBY LANE. P&Z CASE #03-47. PID #24-117-24-12-0013. 7. INFORMATION/MISCELLANEOUS A. Correspondence: Westonka Healthy Community Collaborative B. Report: Harbor Wine & Spirits C. Minutes: DCAC- January 15, 2004 D. Minutes: Planning Commission - January 5, 2004 E. Newsletter: MCWD 3 Mound Council Minutes - January 27, 2004 F. Correspondence: LMCD G. Correspondence: School District 8. ADJOURN MOTION by Osmek, seconded by Brown to adjourn. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 4