2004-05-11MOUND CITY COUNCIL MINUTES
MAY 1'1, 2004
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, May 11,2004, 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, Liquor Store Manager John Colotti, Allison Fish,
Melody Husted, Beatrice Amidon, Mark Lee, Pam Weatherhead, Danny Hill, Tom
Stokes, Eva Hasch, James Holmbeck.
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 Meetinq and Pled.qe of Allegiance
Mayor Meisel called the meeting to order at 7:30 p.m., and the Pledge of Allegiance was
recited.
2. A~)~3rove Aqenda
Meisel requested the addition of 3K, setting special meeting and Hanus requested the
removal of 3C for discussion.
MOTION by Brown, seconded by Hanus to approve the agenda as amended. All voted
in favor. Motion carried.
Consent Agenda
A. Approve minutes of April 26, 2004 joint Planning Commission/City Council
meeting, April 27, 2004 regular meeting, and April 29, 2004 special meeting.
B. Approve payment of bills in the amount of $345,149.17.
C. (removed)
D. Approvals for Mound Fire Department Fish Fry: (1) Public Dance Permit; (2)
Temporary On-Sale 3.2 Malt Liquor Permit; and (3) Temporary Set-up
License (Consumption & Display)
E. Approve Partial Payment #5 to Environmental Associates in the amount of
$121,724.83 for the Lost Lake Greenway Project
F. RESOLUTION NO. 04-58: RESOLUTION PROCLAMING BUDDY POPPY
DAY
G. Approve Public Gathering Permit for Fishers of Men for picnic at Mound Bay
Park on June 16, 2004, from 7:00 a.m. to 3:00 p.m.
H. Approve Tree Removal License for Pro Tree Service of Little Falls, MN
Mound Council Minutes - May 11, 2004
Planning Commission Recommendations:
1. RESOLUTION NO. 04-59: RESOLUTION APPROVING REAR YARD
SETBACK VARIANCE FOR THE CONSTRUCTION OF A PORCH
ON THE RESIDENCE LOCATED AT 1749 BLUEBIRD LANE, LOTS
13 AND 14, BLOCK 9, DREAMWOOD. P&Z CASE #04-08. PID #13-
117-24-24-0005.
2. RESOLUTION NO. 04-60: RESOLUTION TO APPROVE A SIDE
SETBACK VARIANCE TO ALLOW A TEN (10) INCH VARIANCE
FOR A 2-CAR GARAGE ADDITION FOR THE PROPERTY
LOCATED AT 4679 HAMPTON ROAD. P&Z CASE #04-10, PID #19-
117-23-33-0185.
3. RESOLUTION NO. 04-61: RESOLUTION TO APPROVE A
LAKESHORE SETBACK VARIANCE TO ALLOW REPLACEMENT
OF AN EXISTING DECK FOR THE PROPERTY LOCATED AT 4804-
4820 NORTHERN ROAD. P&Z CASE #04-11. PID #13-117-24-44-
0094.
Waiver of Plattinq Request - 5853 Fairfield Road
RESOLUTION NO. 04-62: RESOLUTION TO APPROVE REQUEST FROM
VINCENT REIS FOR WAIVER OF PLATTING APPROVAL TO SUBDIVIDE
LOTS 3,4,5, & 6, BLOCK 9, MINNESOTA BAPTIST ASSEMBLY INTO
TWO (2) LOTS. PID #23-117-24-42-0089.
Ko
Set special meeting with the HRA and Mound Harbor Renaissance
Development for May 18, 2004, at 6:30 p.m., for the purpose
discussion/action on docks and/or dredging in the Lost Lake District.
3C. Ordinance Prohibitinq Fishinq at Certain Portions of the Lost Lake Channel
Hanus had a question regarding the areas meant to be included in this no fishing
regulation because some of the property included is not public land. Meisel also stated
she had calls from residents in the neighborhood stating that they use private property
for fishing. After discussion it was decided that the no fishing regulation was meant for
the Lost Lake Greenway area, which is public property.
John Dean asked for direction from Council as to what area they want included in the no
fishing regulation.
MOTION by Osmek, seconded by Brown to table this item until next week for
clarification and designation of no fishing area. All voted in favor. Motion carried.
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Mound Council Minutes - May 11, 2004
4. Comments & Su.q.qestions from Citizens Present on any Item Not on the
A.qenda - Danny Hill commented on a proposed new structure at 4625 Island View
Drive and possible impacts this construction would have on their views. His concern is
that the height of this proposed structure would decrease the value of their property.
Sarah Smith will check the status of the permit and if it complies with code.
James Holmbeck, 2222 Mill Pond Lane, appeared before the Council with reference to
the Langdon Trails development. He stated the developer sheared the roots off of one
of his trees, is removing 100-year fir trees. Meisel stated that the drainage issues have
been addressed, but the developer has no right to damage others private property or
trees. City staff will conduct an on-site meeting and get in contact with property owner
and the project manager, Chuck Alcon.
5. Report on Harbor Wine & Spirits Gala Wine Tasting Benefit
John Colotti presented an overview of the April 1st Gala Wine Tasting Event that was
held at Burl Oaks Country Club. This was the first event of this type and plans are to
have it a bi-annual event in the future.
6. Consideration / Action on Floodplain Alteration Permit - Mark & Becky Lee -
1975-1989 Lakeside Lane
Sarah Smith explained that the applicant is proposing to place 30 cubic yard of fill within
the floodplain on the lake side of the west lot, so as to eliminate a Iow spot that allows
standing water in the Spring. She indicated that the Chair of the Planning Commission
has determined that this application need not go before the Commission, and that a
resolution has been prepared outlining the details associated with the application. Staff
recommends approval.
Hanus commented that the language in the resolution, l(a) states that the project shall
be constructed according to the project plan that was approved by the City Council. He
requests that wording be added to stress that this approval is not for any structures or
buildings. Smith will add this wording.
Tom Stokes of Brenshell Homes stated there is wide spread water in the area as it now
lays. The alteration permit as submitted would rectify the current problem of standing
water.
Beatrice Amidon, 1909 Lakeside Lane, asked why the City didn't let the former owners
fill in this lot. Smith explained that prior to 2002 permitting responsibilities for floodplain
alteration were handled by the MCWD. She said that since the swamp was filled in next
to her, she has had numerous water problems. She presented some pictures to the
Council. She asked if she can submit a similar application and was referred to Smith for
clarification.
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Mound City Council Minutes - May 11,2004
Melody Hustad, 1968 Lakeside Lane, stated that she is the lowest point on the street
and people behind and beside her drain towards the corner of her property. She wants
a guarantee that she will not be flooded if this alteration permit is granted. Osmek
stated that by the plan presented, the water should not drain back into any yards. It was
noted that the proposed grading plan submitted with this application was reviewed by
the City Engineer.
MOTION by Osmek, seconded by Brown to adopt the following resolution, adding
section l(f) to read: No further approval of any development plans and/or building
permits is included as part of this action in the event the variance(s) application is
approved. All voted in favor. Motion carried.
RESOLUTION NO. 04-63: RESOLUTION APPROVING THE FLOODPLAIN
ALTERATION AND EROSION PERMITS FOR THE PROPERTY LOCATED AT 1975-
1989 LAKESIDE LANE.
7. Proposed Amendment to the Zoninq Ordinance - Temporary Membrane
Structures
Meisel stated that this item has been before the Council before. She has a problem
with taking the time to inventory these temporary structures. Brown also indicated that
the 180 day window is also hard to keep track of. Discussion took place as to the
proposed provisions with regard to placement in residential vs. commercial districts. He
recommended having the proposed ordinance limit these structures to one per property
not to exceed 400 sq. ft, that it shall not be placed on public property, it must meet the
hardcover regulations of 40%, and it must be adequately anchored and/or secured to
the ground.
Mayor Meisel opened the public hearing at 8:35 p.m. (continued from April 27, 2004).
Beatrice Amidon, 1909 Lakeside Lane, commented that she thinks the people who live
to the left side of her property have such a structure.
John Dean commented that the removal of the (180) day limitation makes the
"temporary" structures not subject to setback requirements which in essence makes the
structures "permanent", and the setback requirements have also been taken out at this
point. As the ordinance is proposed this permanent structure can go anywhere on the
property.
Mayor Meisel closed the public hearing at 8:45 p.m.
Osmek stated that he understands Dean's concern, but if you make this type of
structure conform to setbacks, you have a lot of residents that cannot have them on
their lot.
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Mound City Council Minutes - May 11, 2004
Brown withdrew the second to the motion on the floor, stating that he feels that a
structure of this type has to be conforming to setbacks.
Osmek is not removing his motion and looking for a second. Motion failed for lack of a
second.
Hanus talked about the City's temporary structure at the Public Works Garage and he is
unwilling to adopt a regulation which the City itself cannot abide by, because of not
meeting setbacks, etc. Osmek suggested waiting two weeks to find out the status of
this structure and if it would meet certain regulations. He asked if a (3) foot setback is
acceptable to the rest of the Council and it appeared that it was.
MOTION by Osmek, seconded by Brown to table action on the proposed ordinance until
May 25th SO the structure at Public Works can be assessed for compliance. All voted in
favor. Motion carried.
Meisel requested that the proposed new ordinance as discussed with suggested
changes, be included in the next agenda packet.
8. Action on Labor Aqreement Between the City of Mound and Minnesota
Teamsters Union, Local 320: Public Works Workers, January 1, 2004 - December
31, 2005.
MOTION by Brown, seconded by Hanus to accept and approve the Labor Agreement
between the City of Mound and Minnesota Teamsters Union, Local 320: Public Works
Workers, January 1,2004 through December 31,2005, as presented. All voted in
favor. Motion carried.
Mayor Meisel announced that the Council would take a ten minutes break and then go
into Executive Session to discuss the City Manager's Performance Evaluation.
9. Executive Session for City Manager's Performance Evaluation, with Action on
Resolution Extending Contract and Settin_¢i Salary
Upon returning from Executive Session at 9:33 p.m., Mayor Meisel reviewed the
Performance Evaluation process.
MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 04-64: RESOLUTION AMENDING EMPLOYEE AGREEMENT
BETWEEN THE CITY OF MOUND AND CITY MANAGER, KANDIS HANSON
10. Miscellaneous/Correspondence
A. Article: Six reasons why it's best to work through the manager
B. Update: County Road 15 Reconstruction Project
Mound City Council Minutes - May 11,2004
C. Letter to the Editor: Meyer said no to land deal - Discussion took place between
Osmek and Meyer regarding a letter to the editor that was written by Meyer with
reference to his vote on the request for release of public land abutting (3) properties on
Denbigh Road, which was formerly reviewed by the Council in 2003.
Hanus asked to make a statement to Meyer as follows: "1 been trying to take the high
road on this thing and avoid getting into petty arguments in The Laker. I've endured
week after week after week of character assassinations in The Laker by misinformed or
un-informed people that are more interested in making a splash than dealing with the
truth. Now I have a Councilmember who's been presented more than once with the
whole truth. You do not have ignorance as an excuse this time. You chose to repeat
only part of the truth in order to influence public opinion. This is shameful behavior by a
public official and in itself is abuse of the public trust. You're damaging public opinion of
me and the City Council and the City itself by telling only part of the story and you insist
on doing it over and over and over. Rather than running to The Laker I'm confronting
you directly tonight, something that I think should be done a little more often in Mound.
The public is entitled to the whole truth and the public should not be manipulated by
filtering information such as you're doing. People who live in glass houses should not
throw stones. You, Councilman Meyer, have threatened businesses if they don't follow
your political agenda. You have argued against giving the public important financial
information on the purchase of land for public purposes because it might not yield the
result you want. You have created, and then hidden behind illegal political campaigns to
affect the outcome of elections in Mound. All of these things you have done, Mr. Public
Trust, Mr. Open and Honest Government. I wrote a letter to the City, inquiring if they
might be interested in selling a small unbuildable piece of tax forfeit property. I did it in
the open, I did it above board, I did it in the public eye in front of three City
commissions, all city department heads and the City Council. I was the one who
authorized the notification of the renewed status of the case to the only person that was
in opposition to it. How open do I have to be? How open do I have to be? And for this
you levy a charge that I have abused the public trust. If you have any integrity or if you
have any sense of right and wrong, you should be ashamed of yourself. I don't care
about myself, but you owe the public an apology here tonight and in The Laker."
D. Report: Harbor Wine & Spirits- April 2004
E. LMC: Friday Fax
F. Correspondence: LMCD
Attest: Bonnie Ritter, City Clerk
11. Adjourn
MOTION by Osmek, seconded by Brown to adjourn at 9:54 p.m. All voted in favor.
Motion carried.
Mayor'Pat'Meisb-I - L'
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