2004-04-13MOUND CITY COUNCIL MINUTES
APRIL 13, 2004
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, April 13, 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, City Planner Loren Gordon, City Engineer John
Cameron, Harvey Sussman, David Sussman, David Olson, Debbie Bee, Scott Johnson,
Duane Norberg, Brenda Berent, M. Chatterton, Chuck Champion, Kim Truax, Beth
Johnson, Mark lee, Tim Olson, Lisa Wallace, Neil Sprague, Police Chief Jim Kurtz.
Consent Agenda: Items listed under the Consent Agenda are considered routine in
nature and will be enacted by a single roll call vote. There will be no separate
discussion on these items unless a Councilmember or citizen so requests. In that event
the item will be removed from the Consent Agenda and considered in normal sequence.
1. Open Meetinq and Pledqe of Allegiance
Mayor Meisel called the meeting to order at 7:30 p.m., followed by the Pledge of
Allegiance.
2. A~3~3rove Aqenda
MOTION by Brown, seconded by Osmek to approve the agenda. All voted in favor.
Motion carried.
3. Consent Agenda
Meisel requested the removal of Item 3C(2) for discussion, and the removal of Items 3J
and 3L, as requested by City Staff.
Meyer requested the removal of Item 3K for discussion.
MOTION by Brown, seconded by Meher to approve the consent agenda as amended.
Upon roll call vote, all voted in favor. Motion carried.
A. Approve minutes of March 23, 2004 regular meeting and March 30, 2004 special
meeting.
B. Approve payment of claims in the amount of $991,866.73.
C. (1) Set special joint meeting of the Planning Commission and the City Council
for April 26, 2004, from 7:00 - 9:00 p.m. (2) removed for discussion
D. Approve Payment Request No. 4 from Environmental Associates for $73,615.75
for Lost Lake Greenway Project
E. Approve Public Gathering Permit for Minnetonka Classic Bass tournament
weigh-in at Mound Bay Park on June 5, 2004.
Council Minutes- April 13, 2004
F. Approve Public Gathering Permit and Transient Merchant License as requested
by Mark Lee for Art-in-the-Park (Mound Bay Park, for August 21 and 22, 2004.
G. Approve Transient Merchant License: Northwest Tonka Lions for food vending at
Mound Bay Park on certain dates as requested.
H. Approve agreement between City of Mound and Orvin Burma, Clifford Schmidt,
Jr., Michael Castiglione, Paul Glynn, James Ostman and Pat Buffington, related
to Avalon Park.
I. RESOLUTION NO. 04.40: RESOLUTION AUTHORIZING AGREEMENT TO
HAVE CITY ACT AS LEGAL SPONSOR FOR THE PROJECT CONTAINED IN
THE OUTDOOR RECREATION GRANT PROGRAM APPLICATION TO THE
DEPARTMENT OF NATURAL RESOURCES
J. (removed)
K. (removed for discussion)
L. (removed)
3C. (2) MOTION by Osmek, seconded by Hanus to set the special meeting for a tour of
the Parks facility and presentation related to the Public Works Facility for May 10, 2004,
at 6:30 p.m. All voted in favor. Motion carried.
3K. Approval of Resolution Vacating a Portion of Kells Lane to Include Le_~al
Description.
Meyer asked that this item be pulled from the consent agenda because he is opposed
to the resolution.
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. 04.41: RESOLUTION REAFFIRMING RESOLUTION NO. 02-37
REGARDING VACATION OF A PORTION OF THE KELLS LANE STREET RIGHT-
OF-WAY ADJACENT TO LOTS 24, 25, AND 26, BLOCK 24, SETON ADDITION TO
INCLUDE THE LEGAL DESCRIPTION OF THE INVOLVED PORTIONS AND
REFLECTING SATISFACTIONN OF THE CONDITIONS. P&Z CASE #01.46.
4. Comments and suggestions from citizens present on any item not on the
a_clenda. - None were offered.
5. Acknowledgment of Police Officers, Fire Fighters and Paramedics for Saving
the Life of Neil Phillip Spra_~ue
Police Chief Jim Kurtz presented Plaques to Paramedics Sarah Tesch and Molly
Donovan, and Firefighters Brian Berent, Kevin Flaig, John Larson, Jim Casey, and
Jason Maas. He then presented the Mound Police Department Life Saving Medals to
Officer Nick Schwalbe, Officer Mike Sussman, and Sergeant Todd Truax for responding
to a medical call where a man was found unconscious, not breathing and with no pulse.
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Council Minutes- April 13, 2004
CPR was administered for over ten minutes, Mr. Sprague began breathing on his own
and has made a full recovery.
6. Public Hearinqs
A. Retaining Wall Improvement Project 2004
1. Receiving Report for Retaininq Wall Project
John Cameron reviewed the feasibility report, stating that the retaining wall
project will be combined with the 2004 Street Reconstruction Project.
MOTION by Brown seconded by Hanus to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 04-42: RESOLUTION RECEIVING REPORT FOR
RETAINING WALL IMPROVEMENT PROJECT 2004
2. Improvement Hearing for 2004 Retaininq Wall Project
Mayor Meisel called the hearing to order at 7:50 p.m. She asked for public
comment and upon receiving none, closed the hearing at 7:51 p.m.
MOTION by Osmek, seconded by Brown to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 04-43: RESOLUTION ORDERING IMPROVEMENT AND
PREPARATION OF PLANS FOR RETAINING WALL IMPROVEMENT
PROJECT 2004.
B. Case #04-01 and 04-02: Xcel Energy Substation Expansion: 5471 Lynwood Blvd,
Conditional use Permit and Variances
Sarah Smith presented an overview of the proposed project to upgrade the existing
substation. Issues include height regulation of building and electrical equipment. Xcel
proposes a 46 foot height for the building and an 18 foot variance for electrical
equipment. The fence height is proposed at 8 feet per the National Electric Code,
requiring a 2 feet height variance.
The Planning Commission has reviewed the project and expressed concerns revolving
around the lack of site landscaping, the appearance from Shoreline Blvd, and the
proposed building location. They recommend approval of the request, as does City
Staff with conditions.
Smith stated that additional permits will be needed for grading and wetland issues and
will be addressed at a later date.
Mayor Meisel opened the public hearing at 8:10 p.m.
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Council Minutes- April 13, 2004
Beth Johnson, 5409 Church Road, wanted to understand the aesthetic issues and the
project schedule, asking when the landscaping would be initiated.
Dave Olson of Xcel Energy answered that the grading would commence this year with
landscaping to start this Fall or next Spring.
Johnson asked about the buzz sound of the existing facility and Olson stated that the
station would comply with State laws for noise and be quieter than the existing facility.
Meisel closed the public hearing at 8:17 p.m.
MOTION by Osmek, seconded by Hanus to adopt the following resolution as amended.
All voted in favor. Motion carried.
RESOLUTION NO. 04-44: RESOLUTION TO APPROVE A CONDITIONAL USE
PERMIT AND VARIANCE APPLICATIONS FROM NORTHERN STATES POWER
DIBIAI XCEL ENERGY TO ALLOW EXPANSION AND UPGRADE OF THE EXISTING
ELECTRICAL SUBSTATION LOCATED AT 5471 LYNWOOD BOULEVARD. P&Z
CASE #04-01 AND 04-02, PID #13-117-24-33-0037 AND 13-117-24-33-0097.
C. Proposed Amendments to the Zoning Ordinance - Temporary Membrane Structures
Mayor Meisel stated that staff recommends tabling this item until April 27. Mayor Meisel
opened the public hearing at 8:19 p.m. and no public comment was heard.
MOTION by Hanus, seconded by Brown to continue the public hearing until April 27,
2004, at 7:30 p.m. All voted in favor. Motion carried.
7. Planning Commission Recommendation
A. Case #04-03 - Tom Olson and Lisa Wallace, 4520 Denbi.qh Road
Loren Gordon reviewed the request to rebuild an existing house that would result in
three variances, lakeside and front yard, plus hard surface coverage variance. Planning
Commission reviewed and voted to deny. Staff recommends approval of the lakeside
and front yard variances, and denial of the hardcover variance.
Staff is asking for direction regarding this case.
Discussion took place regarding feasibility of a 2-car garage vs. a 3-car and where the
hardship falls, and the concern about overbuilding in the area.
MOTION by Hanus, seconded by Osmek to have staff prepare a resolution that will be
on the consent agenda of April 27th, for approval as discussed and modified. All voted
in favor. Motion carried.
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Council Minutes- April 13, 2004
8. Action on Resolution Accepting Bid or 2004 Street Reconstruction Project
John Cameron reviewed the bids received for the subject project.
MOTION by Brown seconded by Osmek to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 04-45: RESOLUTION ACCEPTING BID FOR THE 2004 STREET
RECONSTRUCTION PROJECT
9. Action Revoking MSA Designation for Part of Lynwood and Belmont Avenues
and Desiqnation of Manchester Road as MSA Route
John Cameron explained that with Hennepin County's right-of-way agreement, they are
giving the City back the portion of County Road 15 that will be of no further use to them,
in exchange for the City giving them the necessary right-of-way on Lynwood and
Belmont. Lynwood and Belmont are on our Municipal State Aid system, so thus the City
needs to adopt a resolution revoking them from the state aid system. The designated
mileage for state aid streets is presently about .27 over, and with revoking these two
streets it bring it up to almost ½ a mile, thus the recommendation that Manchester Lane
be added from Devon east to Tuxedo Blvd., putting us over by .15.
MOTION by Hanus, seconded by Brown to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 04-46: RESOLUTION REVOKING MUNICIPAL STREET AID
STREETS AND ESTABLISHING MUNICIPAL STATE AID STREET
10. Lake Minnetonka Druq Task Force
Police Chief Jim Kurtz presented a proposal to the Council, requesting approval to join
the Lake Minnetonka Drug Task Force. Joining this task force would increase the
budget by $19,800. The Police Departments of Medina, West Hennepin Public Safety,
and Orono have offered to grant the City of Mound $5,000 to start operations in July of
2004. The money would be used to off-set the above mentioned budget. Kurtz
suggests budgeting overtime hours in the future years to cover this expenditure.
MOTION by Brown, seconded by Osmek to approve that the Mound Police Department
join the Lake Minnetonka Drug Task Force. All voted in favor. Motion carried.
11. Discussion and Review of Subdivision Requlations/Lake Access Issues
Smith addressed the Council regarding recent inquiries of properties regarding "dock
lots". These properties are combined for tax purposes and typically are not buildable.
The Council raised questions regarding what types of regulatory approaches might be
utilized to address this issue. Ideas about lot combination with adjacent lots or lots in
the same proximity were discussed. The Council identified that separate lots for dock
purposes are not desirable. Council suggested that the Planning Commission review
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Council Minutes -April 13, 2004
this item to identify issues that may need to be addressed. It was noted that the LMCD
will be included in future discussions.
12. Information/Miscellaneous
A. Correspondence: LMCD
B. LMC Friday Fax
C. Newsletter: Gillespie Center
D. Calendar: LMCC
E. Acknowlegment for Use of Gambling Funds from Mohawk Jaycees
F. Notice of employee resignations: Public Work Worker Al Kestner, and Building
Official Matt Simoneau
13. Adjourn
MOTION by Hanus, seconded by Brown to adjourn at 9:33 p.m. All voted in favor.
Motion carried.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Mei§~l
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