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2004-06-22MOUND CITY COUNCIL MINUTES JUNE 22, 2OO4 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 22, 2004, 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 Planner Loren Gordon, Police Chief James Kurtz, Parks Director Jim Fackler, Nick Schwalbe, Brad Schoenhoff, Cathy Bailey, John and Betty Eccles, Dave Beede, Sherry Therres, Joel Reinitz, Jim Holmbeck, Mark Krawiecki, Mike Specht, John Beise, Matt Mizerny, Tim Sheridan, Randy and Denise Johnson, Orv Burma, Mike Gardner, Ann Eberhart, Marty and Marie Johnson, Karl and Julie Weissenhorn, Kathy and Bob Goodfellow, Art and Patty Anthony. 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 Mayor Meisel called the meeting to order at 7:35 p.m. and the Pledge of Allegiance was recited. 2. Approve Agenda Hanson requested the addition of Item 1 lA, to set a special meeting date. Meisel requested the removal of 4F from the consent agenda and Hanus requested the removal of 4A and 4H from the consent agenda for discussion. MOTION by Brown, seconded by Osmek to approve the agenda as amended. All voted in favor. Motion carried. 3. Swearinq-in of Patrol Officer Nick Schwalbe Police Chief Kurtz introduced and gave background information on Patrol Officer Nick Schwalbe, followed by the swearing-in. The Council offered their congratulations and Hanson announced that refreshments were available for family and friends in attendance. 4. Consent Aqenda MOTION by Hanus, seconded by Osmek to approve the consent agenda as follows. Upon roll call vote, all voted in favor. Motion carried. Mound City Council Minutes - June 22, 2004 A. (removed) B. Approve payment of claims in the amount of $242,372.14. C. Approve Liquor Licenses for year July 1,2004 through June 30, 2005, contingent upon receipt of all required forms, fees and certificates of insurance: Club On-Sale: V.F.W. and American Legion Sunday On-Sale: V.F.W. and American Legion On-Sale Wine: House of Moy and Carbone's Pizzeria On-Sale 3.2 Malt Beverage: House of Moy and Carbone's Pizzeria Off-Sale 3.2 Malt Beverage: PDQ and SuperAmerica On-Sale Intoxicating Liquor (with Sunday On-sale): Dailey's Pub and Al & Alma's Supper Club D. Approve Live Music Permit for Out on a Limb Open House on July 24, 2004, from 6-8 p.m. at 5309 Shoreline Drive. E. RESOLUTION NO. 04-75: RESOLUTION PROCLAIMING NATIONAL MARINA DAY F. (removed) G. RESOLUTION NO. 04-76: RESOLUTION TO APPROVE A SIDE YARD AND LAKESHORE SETBACK VARIANCE TO ALLOW REPLACEMENT OF A DECK AT '1736 SHOREWOOD. P&Z CASE #04-'14, PID #'13-'1'17-24-1'1-0'136. H. (removed) I. ORDINANCE NO. 03-2004: ORDINANCE AMENDING SECTION 905 OF THE MOUND CITY CODE AS IT RELATES TO WEAPONS, FIREARMS, HUNTING AND TRAPPING 4A. Minutes of June 8, 2004 Hanus requested that the minutes of June 8, 2004, be reconsidered with regard to Item 7. His feeling is that the representation as stated is a little one-sided and would like them reviewed by staff. MOTION by Hanus, seconded by Brown to table approval of the June 8th minutes until the next meeting. The following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. 4F. Supplemental Agreement #3 for Lost Lake Greenway Meisel wanted stressed for the record that costs incurred by Supplemental Agreement #3 (delaying completion of the trail) will be borne by the developer. MOTION by Brown, seconded by Osmek to approve Supplemental Agreement #3, extending completion date until June 30, 2005, with any additional costs associated with this time extension being the responsibility of the Developer. All voted in favor. Motion carried. 2 Mound City Council Minutes - June 22, 2004 4H. Proposed amendments to City Code Chapter 380 settinq land use fee schedule Hanus had questions regarding some of the land use fees and their purposes, to which Sarah Smith addressed and answered to his satisfaction. MOTION by Brown, seconded by Osmek to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 04-2004: AN ORDINANCE AMENDING SECTION 380 TO THE MOUND CITY CODE AS IT RELATES TO ESTABLISHING LAND USE FEES FOR THE CITY OF MOUND. 5. Comments and suq.qestions from citizens present on any item not on the agenda. Jim Holmbeck, 2222 Mill Pond Road, appeared before the Council to inform them that his previous concern over damage to his tree by the developer of Langdon Trails has been rectified. The developer planted an entire row of 10-12' fir trees along the boundary of the development, resulting in a nice barrier for the new as well as existing homes. Chuck Alcon, the developer, was commended for this action. 6. Public Hearings A. Case #04-04: Mike Gardner & Ted Metz - 1599 & 1601 Bluebird Lane - Street Vacation Sarah Smith gave the background of the request by Gardner and Metz to vacate a portion of unimproved Woodland Road. Discussion followed regarding the request as associated and affected by the previous Woodland Point legal settlement. City Attorney John Dean stated that in his opinion, if the Council wanted to proceed with this street vacation it would have to be run back through the Court system. Mayor Meisel opened the public hearing at 8:18 p.m. Mike Gardner, one of the applicants, came before the Council to explain that the reason for this request is that with the unimproved street, his lot is considered a corner lot and thus subject to setbacks of same. He has plans to remodel his home and the vacation would eliminate the non conforming setback on the south side of the property, as it exists today. If this were a standard lot the setback on that side would be 6', but due it being considered a corner lot, the setback is 20'. Cathy Bailey, 1554 Bluebird Lane, expressed that the residents of Woodland Point worked hard on the settlement agreement and within the settlement 130' of public beach was retained that is being used, with Woodland Road used as the access to that beach. She stated she is representing others in the neighborhood in opposition to the proposed vacation. 3 Mound City Council Minutes - June 22, 2004 Marty Johnson, 1582 Bluebird Lane, believes the settlement agreement also states that the City gives up any right to road ends, and if this vacation is approved, the "road end" location will change. His opinion is that the City would be better off to grant a variance for Garrner's project rather than vacate the street as requested. Carl Weissenhorn, 1733 Bluebird Lane, expressed that he feels what the Council does in this situation will set precedent for future slow action land grabbing. He feels they should come up with an acceptable variance rather than street vacation. After no further public comment was offered, Mayor Meisel closed the hearing at 8:50 p.m. MOTION by Brown, seconded by Osmek to direct staff to prepare a resolution denying the vacation request for a portion of unimproved Woodland Lane, to be considered at the next regular Council meeting. All voted in favor. Motion carried. B. Case #04-12 - Mt. Olive Church - 5218 Bartlett Blvd. - CUP/Variance Loren Gordon reviewed the request by Mt. Olive Church for a CUP amendment and variance request involving the incorporation of a memorial garden for the interment of cremated human remains on the church property. The Planning Commission and City Staff recommended approval with conditions. Mayor Meisel opened the public hearing at 9:32 p.m. Joel Reinitz, representing Mt. Olive Church, addressed the Council giving specifics of the request. It was noted that St. John's Church has a memorial garden of this type. Sherry Therres, 2521 Wilshire Blvd, voiced concern with a memorial garden going in her neighborhood. She has nothing against the church, but bought that property for the view and doesn't want to look over a graveyard and sadness. She likes the view the way it is and is very highly against placement of the memorial garden. The Council voiced drainage and screening concerns, as well as that as proposed the ashes will be deposited directly into the ground at least three inches under ground level, with no containers or urns. The question of requiring vaults because of drainage was raised. It was noted that letters of disapproval were received from Marvin Geyen, 5300 Bartlett BIvd, and Gerald & Rita Borseth. At 10:05 p.m. there was a MOTION by Hanus, seconded by Brown to table this case and continue the public hearing until July 13th, giving the applicant an opportunity to revamp his plan and incorporate issues raised tonight. All voted in favor. Motion carried. 4 Mound City Council Minutes - June 22, 2004 C. Amendment to City Code Chapter 350.651 (ZoninR Ordinance) to modify lakeshore setback requirement in the Pedestrian District Smith explained that this is a housekeeping item, to modify the 100-foot lakeshore setback requirement in the Pedestrian District for commercial and mixed uses to 50-feet for consistency with the standard lakeshore setback in the City of Mound. Mayor Meisel opened the public hearing at 10:08 p.m., and upon hearing no public comment, closed the public hearing at 10:09 p.m. MOTION by Hanus, seconded by Brown to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 05-2004: AN ORDINANCE AMENDING SUBSECTION 350.651 OF THE MOUND CITY CODE (ZONING ORDINANCE) TO MODIFY THE LAKESHORE SETBACK REQUIREMENT IN THE PEDESTRIAN DISTRICT FOR COMMERCIAL AND MIXED USE FROM 100 FEET TO 50 FEET. Mayor Meisel called for a recess and the meeting reconvened at 10:20 p.m. 7. Update: Orv Burma~ Mound representative to LMCD Orv Burma reviewed the proposed budget for the LMCD for the year 2005. He was asked to approach the LMCD at their next meeting with the request that the DNR and Watershed District share in the costs of the budget, along with the 14 lake cities. The problems of the zebra mussels and milfoil, for example, should not just be the burden of the lake residents, but spread wider to cover more users of the lake. 8. Update: Mound MarketPlace and Village By the Bay Brian Pellowski, representing Mound MarketPlace, updated the Council and presented a letter explaining the progress of the fountain. He stated it will be operational by the end of June. Vern Hanson gave an update on Village By the Bay, indicating that construction could be completed in Spring of 2005. **MOTION by Brown, seconded by Osmek to change the order of the remaining items on the agenda as suggested by John Dean, considering Item 10 next, followed by Item 9, 12, 11, 1 lA, 13 and 14. All voted in favor. Motion carried. 10. Review of structure at 2146 Cedar Lane and applicability with Zoninq and Buildinq Code requirements (Board of Adjustment and Appeals) Sarah Smith summarized that Annick Pratbernon is requesting review of the accessory structure located at 2146 Cedar Lane pursuant to City Code 350.505. The former Building Official deemed the structure to be a carport which is therefore subject to the accessory building requirements and ordered that it be removed. The owner is requesting that the structure be considered as a pergola and therefore be allowed to Mound City Council Minutes - June 22, 2004 remain in its current location as it is more appealing than a temporary membrane structure, and is an architectural structure. The applicant states that upon inquiry, was told she did not need a building permit to erect this structure when built in May of 2003. The Council had discussion as to how this structure should be classified and if it constructed in the street right of way. MOTION by Meyer to allow the structure to remain as is and Meisel offered a friendly amendment to allow the structure, but direct staff to determine if it has been placed in the street right of way, and if so to make the necessary adjustments. Meyer accepted this amendment. MOTION by Hanus, seconded by Brown to table this item until July13th, and direct staff to go back and give a better definition as to how architectural features are defined, and to determine if the structure is in the public right of way. The following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. 9. Update: Loren Gordon of Ho!sin.qton Koe.qler Group, on AUAR (environmental study) for Mound Harbor Renaissance Development Project Loren Gordon gave an overview of the status of the AUAR, stating that the draft will be available this Fall for public review and comment, with a public open house being held to present findings, answer questions and discuss concerns. 12. Executive Session regarding Dreamwood case Attorney John Dean stated that the Council would now be going into Executive Session to discuss client/attorney privileged information regarding the pending Dreamwood Case. There were individuals that indicated they would like to make statements before the Executive Session. Matt Mizerny, 1947 Avocet, wanted to clarify that the document in the hands of the City's attorney is a draft document, not the firm agreement. Karl Weissenhorn, 1733 Bluebird, read a Notice of Agreement in Concern of Dreamwood Commons Residents and Disputed Lake Access and Commons Usage in DreamwoodNViota Area, which will be made a copy of the agenda packet. Council went into Executive Session at 11:49 p.m. and reconvened at 12:25 p.m. John Dean stated that the Executive Session was regarding litigation in the Anderson vs. Mound case and met with the attorney representing the City to discuss the draft settlement agreement and give direction as to how to proceed in continuing discussions in terms of the settlement agreement. The attorney will be presenting those comments to the attorneys representing the abutters and non abutters in this case. 6 Mound City Council Minutes - June 22, 2004 11. Proposed amendment to City Code Chapter 330 (Subdivision Ordinance) to relate dock lot parcels Sarah Smith reviewed the proposed draft which would regulate dock lots which are physically separated and would be combined with a nearby residential property. The Planning Commission is suggested that the City use the CUP process for combination of these lots. Discussion followed with reference to use of the CUP process, distance between the dock lot and residential lot, conditions for use of the dock lot, hardcover, drainage, and required lot frontage. MOTION by Osmek, seconded by Hanus to table this item to allow for City Attorney review and proposed changes as discussed. The following voted in favor. Hanus, Meisel and Osmek. The following voted against: Brown and Meyer. Motion carried. 11A. Set special meetinq MOTION by Osmek, seconded by Meisel to set a special meeting for July 20, 2004, from 6:30 p.m. to 9:00 p.m., for the purpose of discussion/action on Key Financial Strategies and the Employee Health Care Savings Plan. All voted in favor. Motion carried. 13. Miscellaneous/Correspondence B. C. D. E. F. G. H. Report: Finance Department - May 2004 Correspondence: Westonka Healthy Community Collaborative LMC: Friday Fax Harbor Wine & Spirits: July specials Minutes: Park and Open Space Commission - June 10, 2004 Memo: Minnesota Municipal Beverage Association Letter: June 3, 2004 Letter: Metropolitan Council Calendar: LMCC - June 2004 14. Adjourn MOTION by Osmek, seconded by Hanus to adjourn at 12:55 a.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 7