2004-04-27MOUND CITY COUNCIL MINUTES
APRIL 27, 2004
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, April 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 Mary Tietjen, City Manager Kandis Hanson, City Clerk
Bonnie Ritter, Public Works Director Carlton Moore, City Planner Loren Gordon, Tom
Stokes, Jim Prosser
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 Alleqiance
Mayor Meisel called the meeting to order at 7:30 p.m., followed by the Pledge of
Allegiance.
2. Al~l~rove Aqenda
Brown requested the addition of Item 10J, Loyalty Day, and Hanus requested the
removal of item A from the consent agenda.
MOTION by Hanus, seconded by Brown to approve the agenda as amended. All voted
in favor. Motion carried.
3. Consent Agenda
MOTION by Brown, seconded by Osmek to approve the consent agenda, with the
removal of Item A as requested above. Upon roll call vote, all voted in favor. Motion
carried.
Do
(removed)
Approve payment of claims in the amount of $331,537.57.
Approve one-year extension of contract with Waldron & Associates to provide
back-up building inspection services.
RESOLUTION NO, 04-47: 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 & 04-02. PID #13-117-24-33-0037 AND
#13-117-24-33-0097.
Mound Council Minutes - April 27, 2004
E. RESOLUTION NO. 04-48: RESOLUTION APPROVING SUBMITTAL OF THE
HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND GRANT
APPLICATION FOR PREPARATION OF A PHASE II ENVIRONMENTAL
REPORT AND PREPARATION OF A RESPONSE ACTIN PLAN (RAP) FOR
THE AUDITOR'S ROAD DISTRICT.
F. RESOLUTION NO. 04-49: RESOLUTON TO AUTHORIZE SUBMITTAL OF A
GRANT APPLICATION TO THE DEPARTMENT OF EMPLOYMENT AND
ECONOMIC DEVELOPMENT REQUESTING FUNDING FOR PREPARATION
OF A PHASE II ENVIRONMENTAL REPORT AND RESPONSE ACTION PLAN
(RAP) ASSOCIATED WITH MULTI-USE FACILITY IN THE TRUE VALUE
DISTRICT IN DOWNTOWN MOUND TO INCLUDE A FARMERS MARKET,
DESIGNATED PARK AND RIDE STALLS, A PARKING DECK AND A
TRANSIT STATION.
G. Approve Restaurant Licenses (contingent upon receipt of all form and fees) for
the year May 1,2004 through April 30, 2005, for: Subway Sandwich &
Salads; Al & Alma's Supper Club; House of Moy; Caribou Coffee #197; American
Legion Club; Domino's Pizza; V.F.W. Post 5113; Carbone's Pizzeria; Happy
Garden; Scotty B's; Dailey's Pub; Java Lounge.
H. Approve Amusement Device Licenses for the V.F.W. and American Legion.
I. Approve summer hours for City hall and Public Safety Administration Offices, to
begin May 17 through September 3, 2004 as follows: Monday through Thursday
7:30 a.m. to 5:00 p.m; Fridays 7:30 a.m. to 11:30 a.m.
J. RESOLUTION NO. 04-50: RESOLUTION TO PROCLAIM 35TM ANNUAL
MUNICIPAL CLERKS WEEK - MAY 2 THROUGH MAY 8, 2004.
K. Approve Planning Commission Recommendations
(1) RESOLUTION NO. 04-51: RESOLUTION APPROVING FRONT YARD
AND LAKESIDE SETBACK VARIANCES; DENYING A HARDCOVER
VARIANCE FOR A COMPREHENSIVE REMODEL OF THE
RESIDENCE LOCATED AT 4520 DENBIGH ROAD, LOT 3 AND THE
NORTHWESTERLY HALF OF LOT 4, BLOCK 2, AVALON. P&Z CASE
#04-03, PID #19-117-23-24-0100
(2) RESOLUTION NO. 04-52: RESOLUTION TO APPROVE A FRONT
SETBACK VARIANCE TO ALLOW A (10) FOOT FRONT SETBACK
FROM LAKE BOULEVARD FOR THE NEW HOUSE TO BE
CONSTRUCTED AT 2163 FAIRVlEW LANE. P&Z CASE #04-06. PID
#13-117-24-43-0070.
L. RESOLUTION NO. 04-53: RESOLUTION AUTHORIZING CONVEYANCE OF
CERTAIN EXCLUSIVE PERMANENT DRIVEWAY EASEMENT
M. RESOLUTION NO. 04-54: RESOLUTION DESIGNATING POLLING PLACES
IN ACCORDANCE WITH MINNESOTA STATE STATUTE 204B.16.
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Mound Council Minutes - April 27, 2004
3A. Approve Minutes
Hanus noted a correction on page 5 of the minutes of April 13, 2004, being under Item
9, the motion was made by Hanus and seconded by Brown.
MOTION by Hanus, seconded by Osmek to approve the minutes of April 13, 2004 as
amended. All voted in favor. Motion carried.
4. Comments & Su~aestions from citizens present on any item not on the
a~enda. - None were offered.
5. Public Hearinqs
Proposed amendments to the Zoninq Ordinance - Temporary Membrane Structures
(continuation of public hearinq on 4/13/04).
Loren Gordon p resented an overview of the proposed zoning ordinance change and
stated that it was recommended for approval by the Planning Commission by a vote of 4
to 1. Meisel asked for Osmek's comments, as he was the negative vote at the Planning
Commission level. Osmek stated that there were two sections he was not in favor of.
4D states that temporary membrane-covered structures shall meet the appropriate
setbacks for accessory buildings, and he feels that this would because of lot sizes,
prohibit many residents from having one. 4H is the other section he had a problem with.
It states that temporary membrane-covered buildings shall not be placed on residential
property for more than (180) days within a (12) month period on a single premises
unless an extension has been applied for (30) days prior to the expiration and is
approved by the City Council. He feels that the CSO has better things to do than run
around chasing down these structures, especially since they lend practical storage area
rather than letting clutter sit all over the yard. They also mask clutter from the neighbors.
Brown stated that we are trying so hard to change the appearance of Mound from
smaller, cabin-like looking homes and he feels it a step backwards. He feels it's like
allowing a boat house in the yard.
Hanus expressed that he sees two distinctive directions to go - would it be better to
look at the hoop houses or the junk that could be inside the hoop house. He also
questioned the difference between a hoop house and boat canopies on docks. He also
asked if these were permitted in commercial districts, as the City has one and the City
must follow the same rules it imposes on it's citizens.
Loren stated they talked about non-conforming structures at the staff level, and felt that
if there is one that was erected prior to the ordinance, then it would be a legal non-
conforming use, i.e., the City's.
Meyer stated he is in favor of the proposed ordinance.
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Mound Council Minutes - April 27, 2004
Further discussion took place regarding the non-conforming structure issue, whether
boat canopies would be considered temporary membrane structures, and if this
proposed ordinance is actually what the Council would like to see enacted.
Mayor Meisel opened the public hearing at 7:54 p.m. and asked for public comment.
Upon receiving none, Brown made a motion to send this back to the Planning
Commission, recommending that Mound not allow hoop houses at all. Motion died for
lack of a second.
MOTION by Osmek, seconded by Hanus to continue the public hearing and table this
item until May 11th, to allow for additional legal and staff review. All voted in favor.
Motion carried.
6. Agreement with HKGi for Preparation of AUAR for MHRD Downtown Project
Loren reviewed the Hoisington Koegler Group has submitted a contract in the amount of
$121,510.00 for preparation of an Alternative Urban Area Review (AUAR) for the Mound
Harbor Renaissance Development redevelopment project. The AUAR process is
outlined in Minnesota Rules 4410.3610 and serves as a substitute environmental review
to the Environmental Assessment Worksheet (EAW) or Environmental Impact
Statement (ELS) processes. Hanus asked why this route is beneficial rather than the
traditional EAW. Loren stated that the issues comes down to the level of detail that you
get in terms of documenting conditions in that an EAW will do a portion of what the
AUAR does, and the AUAR pins down development to parameters established. The
work program considers development impacts on two scenarios, guidance under the
Comprehensive Plan and Zoning Regulations and the proposed MHRD development
plan.
MOTION by Osmek, seconded by Hanus to approve entering into a contract for
professional planning services for preparation of AUAR for Mound Harbor Renaissance
Development project. All voted in favor. Motion carried.
7. Pre-Sale of 2004 Bonds for 2004 Projects
Jim Prosser of Ehlers & Associates presented the Council with a pro-sale report of the
proposed three bond issues.
MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 04-55: RESOLUTION PROVIDING FOR THE SALE OF
$1,785,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2004A,
$1,670,000 GENERAL OBLIGATION UTILITY BONDS, SERIES 2004B, AND
$540,000 EQUIPMENT CERTIFICATES, SERIES 2004C
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Mound Council Minutes - April 27, 2004
8. CSAH '15 Project
Carlton Moore reviewed the project and the recommended resolutions.
A. MOTION by Osmek, seconded by Brown to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 04-56: RESOLUTION ORDERING PREPARATION OF
REPORT FOR CONSTRUCTION AND REALIGNMENT OF CSAH '15/'1'10
B. MOTION by Brown, seconded by Hanus to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 04-57: RESOLUTION CALLING HEARING ON
CONSTRUCTION AND REALIGNMENT OF CSAH '15/'1 '10
9. Action on Extension of Buildinq Permit Until Auqust 31, 2004 for 2647
Wested.qe Boulevard
MOTION by Hanus, seconded by Osmek to approve the extension on the building
permit until August 31,2004, for property located at 2647 Westedge Boulevard, as
requested. All voted in favor. Motion carried.
'10. Information/Miscellaneous
A. Correspondence: Westonka Healthy Community Collaborative
B. Minutes: DCAC
C. LMC Friday Fax
D. FYI: PD letter to Spring Park
E. Letter: Scholarship to Officer Burke from Chamber of Commerce
F. Calendar: LMCC
G. Report: Building Activity- March 2004
H. Minutes: Planning Commission - Mamh 15 through April 19, 2004
I. Update: Planning and Building Inspections Department
J. Loyalty Day- Brown asked to add this item, stating that Loyalty Day is May 1st, and
there is a parade at 1:00 p.m., starting at the Veterans Home at Ft. Snelling.
11. Adjourn
MOTION by Brown, seconded by Hanus to adjourn at 8:17 p.m. All voted in favor.
Motion carried.
A~-~st: Bonnie Ritter, City Clerk
Mayor Pat Meisel
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