2004-08-24MOUND CITY COUNCIL MINUTES
AUGUST 24, 2004
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, August 24, 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, Acting City Manager Gino Businaro, City
Clerk Bonnie Ritter, Community Development Director Sarah Smith, Fire Chief Greg
Pederson, Gaylyn Benson, Jeff Von Ruden, John Beise, Mike Specht, Tim Wunderlich,
Danielle Matson, Phil McClellan, Janet Dirlam, Denise Peterson, Shelly Howard
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 removd 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. and the Pledge of Allegiance was
recited.
2. Approve Aqenda
Meisel requested the addition of Item 10A, an email received from a resident on Otter
Road, and the addition of 8A, Comments and possible action on model Brooklyn Park
resolution. Hanus requested the removal of 3F for a minor correction.
MOTION by Brown, seconded by Osmek to approve the agenda as amended. All voted
in favor. Motion carried.
3. Consent Aqenda
MOTION by Hanus, seconded by Osmek to approve the consent agenda with the
exception of 3F. Upon roll call vote taken, all voted in favor. Motion carried.
A. Approve minutes of the August 10, 2004 regular meeting
B. Approve payment of claims in the amount of $282,970.03.
C. Set special meetings for Truth in Taxation Hearings for December 6, 2004 at
7:00 p.m., and December 13, 2004 at 7:30 p.m. for continuation, if needed.
D. RESOLUTION NO, 04-94: RESOLUTION TO APPROVE THE
RECLASSIFICATION OF TAX FORFEITED PROPERTY, PID #19-117-23-
22-0024 AS NON-CONSERVATION
E. RESOLUTION NO. 04-95: RESOLUTION ACCEPTING BID FOR
RETAINING WALL IMPROVEMENT PROJECT 2004
F. (1) (removed)
Mound City Council Minutes - August 24, 2004
F. (2) RESOLUTION NO. 04-96: APPROVING A FRONT AND SIDE YARD
SETBACK AND HARDCOVER VARIANCES FOR THE CONSTRUCTION
OF AN UPPER STORY ADDITION ON THE PROPERTY LOCATED AT
1713 GULL LANE, LOTS 4 AND PORTION OF 3, BLOCK 14,
DREAMWOOD. P&Z CASE #04-19, PID #13-117-24-13-0042.
3F (1)
Case #04-16 - Mark Reckinger Variance
Hanus requested this be removed from the consent agenda to correct a typo in
item 3, changing denied to approved.
MOTION by Hanus, seconded by Osmek to adopt the following resolution as
amended. All voted in favor. Motion carried.
RESOLUTION NO. 04-97: RESOLUTION APPROVING SIDE, REAR AND
LAKESIDE SETBACK VARIANCES FOR THE CONSTRUCTION OF A DECK
AND ENCLOSED PORCH ON THE PROPERTY LOCATED AT 4841 ISLAND
VIEW DRIVE, LOTS I AND 2, BLOCK 14, DEVON. P&Z CASE #04-16, PID
#25-117-24-11-0035.
4. Comments & suggestions from citizens present on any item not on the
aqenda. None were offered.
Mayor Meisel turned the meeting over to Acting Mayor Hanus for the next item, because
of a possible perceived conflict of interest.
5. Action on resolution approving the terms of $11,900 internal loan
John Dean explained that this internal loan is to pay for the Consulting services
approved earlier by the HRA, amount of which will be reimbursed back to the City.
MOTION by Brown, seconded by Osmek to adopt the following resolution. The
following voted in favor: Brown, Hanus, Osmek and Meyer. The following voted
against: None. Mayor Meisel abstained from voting. Motion carried.
RESOLUTION NO. 04-98: RESOLUTION APPROVING THE TERMS OF $11,900
INTERNAL LOAN
Meisel returned to preside over the remainder of the meeting.
6. Planning Commission Recommendation - Case #04-23: Tim Wunderlich, 1808
Resthaven Lane: Variance for 2-story qara~e addition
Sarah Smith reviewed the request to construct a 20'x24' attached garage to the existing
single family residence which has an existing single stall attached garage. The
Planning Commission recommended denial of this request and Staff's recommendation
was for approval finding that a conforming garage in the rear would be difficult to access
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Mound City Council Minutes - August 24, 2004
given the property's topography and it would likely increase hardcover above the
maximum allowable.
Council discussed the case with applicant.
MOTION by Hanus, seconded by Osmek, to direct staff to prepare a resolution of
approval to appear on the next meeting's consent agenda. This resolution will
incorporate staff's recommendation of conditions and will be considered provided that
prior to coming back to the Council for approval, it is verified that there are no less than
16 feet from the proposed garage front at the closet point, to the curb line of the street.
The following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted
against: Meyer. Motion carried.
7. Case #04-18 - Review of Sketch Plan for 5776 Bartlett Blvd.
Sarah Smith stated that before the Council is a sketch plan submitted by Lifestyle
Properties for Lake Langdon Townhomes, a (14) unit townhouse project proposed for
the property at 5776 Bartlett Blvd. The adjoining property owner and applicant were not
in attendance at the meeting and Smith indicated that it may be helpful to have the
applicant present when discussing the proposed project.
Janet Dirlam (5764 Bartlett), Jeff Von Ruden (5748 Bartlett), Denise Peterson (5815
Beachwood Road), and Phil McClellan (5870 Beachwood Road) all addressed the
Council expressing opposition to the plan as proposed. They feel the density is too high
on the project and would negatively affect the aesthetics of the neighborhood.
Discussion followed with the Council's consensus being that the plan as proposed is
overbuilt, and to have this item put on the September 15th agenda if applicant is able to
attend that meeting.
8. Consideration/Action on Resolution Relatinq to the Jurisdiction of the LMCD
and Supportin.q the Repeal of Laws 2004, Chapter 255, Section 43.
Meisel stated she prefers not to take action on this item and Hanus agreed.
MOTION by Meyer to adopt the resolution as presented. Motion died for lack of a
second.
8A. Comments/Action on model Brooklyn Park Ordinance
Meisel distributed copies of a proposed resolution, modeled after the Brooklyn Park
resolution regarding the smoking ban that Hennepin County is proposing.
Meyer stated he would like to have an interpretation by the City Attorney on whether this
item was legally added to the agenda. Hanus stated the item was added by the Mayor
and approved unanimously at the beginning of the meeting.
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Mound City Council Minutes - August 24, 2004
Meisel read the proposed resolution, stating that the purpose of putting it on this agenda
is that the Hennepin County hearing is on September 14th, and this Council will not meet
again before that date. Osmek stated written testimony has to be received by 1:00 p.m.
on the 14th of September and the only thing this proposed resolution says is that the
City of Mound prefers local control on smoking, whether there is a ban or not.
Hanus suggested some revisions to the proposed resolution.
MOTION by Hanus, seconded by Brown to adopt the following resolution. The following
voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: None.
Meyer abstained from voting stating that this is a terrible injustice and wants to have the
City Attorney review the procedure to see if this is a legal action. Motion carried.
RESOLUTION NO. 04-99: RESOLUTION OPPOSING THE PROPOSED HENNEPIN
COUNTY SMOKE-FREE ORDINANCE #24
9. Grant Reports
A. Fire Chief Greg Pederson on Fire Department Grants - Pederson presented an
update on recent grants received by the Fire Department.
B. City Manager Kandis Hanson on other grants - Acting City Manager Businaro
presented an update on other recent grants received by the City. The City has
received $2,280,923 since 1995 in grant monies.
10. Consideration/Action setting December meeting date(s)
MOTION by Brown, seconded by Osmek to hold the regularly scheduled meetings in
December, being the 14th and 28th, with the agreement that the 28th meeting will be
cancelled if possible. All voted in favor. Motion carried.
10A. Email from resident on Offer Road
Meisel read an email received from a resident on Otter Road with reference to
construction traffic using city streets that are not designed for heavy equipment.
Directive was given to have Chief Kurtz investigate this problem and the remedies.
11. Miscellaneous/Correspondence A. Memo from Minnesota Chamber of Commerce
B. Hennepin County Hearing Notice on Smoking Ban
C. Financial Report for July 2004
12. Adjourn
MOTION by Brown, seconded by Osmek to adjourn at 10:05 p.m. All voted in favor.
Motion carried.
,/kffest: Bonnie Ritter, City clerk
Mayor Pat Meisel
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