2004-09-15MOUND CITY COUNCIL MINUTES
SEPTEMBER 15, 2004
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, September 15, 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, City Clerk
Bonnie Ritter, Community Development Director Sarah Smith, Police Chief Jim Kurtz,
Police Sergeant Ken Beck, Finance Director Gino Businaro, Tom Stokes, Peter Pflaum,
Jeremy Pflaum, Chuck Alcon, Mike Spect, Don Swenson, Jane Carlsen, Cheryl Martin,
Peter Johnson, John Beise, Carolyn Krall, Dave Newman, John Schulties, David
Graham.
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 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 Meeting
Mayor Meisel called the meeting to order at 7:30 p.m.
2. Paint Ball Presentation
The Council proceeded to the garage below the Council Chambers for a paint ball
demonstration by Sgt. Ken Beck. City ordinance prohibits discharging a paint ball gun
within the city limits and councilmembers have received calls regarding the reason for
this. This demonstration was to show the impact that these paint ball guns can have on
personal property and how they can cause personal injury.
3. Reconvene Meetinq and Pledge of Alleqiance
4. ADl~rove Aclenda
Hanus requested the removal of 5C from the consent agenda.
MOTION by Osmek, seconded by Brown to approve the agenda as amended. All voted
in favor. Motion carried.
5. Consent Aqenda
MOTION by Hanus, seconded by Brown to approve the consent agenda, with the
exception of 5C. Upon roll call vote, all voted in favor. Motion carried.
A. Approve minutes of August 24, 2004 and September 8, 2004 meetings.
Mound City Council Minutes - September 15, 2004
B. Approve payment of claims in the amount of $632,626.26.
C. (removed)
D. 1. RESOLUTION NO. 04-100: RESOLUTION TO APPROVE A PUBLIC
LANDS PERMIT FOR WALTER KRAKE, JOHN RYAN AND NElL SPRAGUE
OF 4937, 4925 AND 4931 ISLAND VIEW DRIVE, RESPECTIVELY.
2. RESOLUTION NO. 04-101: RESOLUTION TO APPROVE A PUBLIC
LANDS PERMIT FOR DONALD AND GERALDINE SWENSON, 4857 ISLAND
VIEW DRIVE
E. RESOLUTION NO. 04-102: RESOLUTION TO APPROVE A FRONT
SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A GARAGE
ADDITION AT 1808 RESTHAVEN LANE. P&Z CASE #04-23, PID #13-117-24-
14-14-0010.
F. Lan.qdon Trails Development
1. Approve releasing $23,845.00, leaving balance of $3,749.00 in the letter of
credit for Langdon Trails.
2. RESOLUTION NO, 04-103: RESOLUTION TO FORMALLY ACCEPT THE
PUBLIC STREETS AND UTILITIES OF LANGDON TRAILS
G. Payment Requests for Proiects
a. Approve Environmental Associates Payment Request No. 9 for
$127,401.65 for the Lost Lake Greenway Project
b. Approve Valley Paving Payment Request No. 4 for $214,840.72 for the
2004 Street Reconstruction Project
c. Approve Doboszenskii & Sons Final Payment Request for $6,314.46 for
the Mound Visions 2nd Addition.
H. Approve Tree Removal Licenses for Ryan's Tree Care and Duicks TLC.
5C. Adopt Resolution Delegating Authority to Pay Claims to the City Manager
and Finance Director/Treasurer
Hanus requested an addition to the proposed resolution, being that disbursements
made to incorrect codes will be corrected and report of such correction will be presented
to the Council at the next meeting. This will be added to #4 in the exhibit to the
proposed resolution.
MOTION by Hanus, seconded by Brown to adopt the following resolution as amended.
All voted in favor. Motion carried.
RESOLUTION NO. 04-104: RESOLUTION DELEGATING AUTHORITY TO PAY
CLAIMS TO THE CITY MANAGER AND FINANCE DIRECTOR/TREASURER.
6. Comments & suggestions from citizens present on any item not on the a;enda
Peter Meyer stepped down from his seat on the Council to address as a citizen
regarding funding of the Gillespie Center. He requested that the Gillespie Center be
made a line item on the City Budget, with a monthly appropriation beginning with the
2005. Meisel stated that feedback from the Gillespie Center indicates that this is not
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Mound City Council Minutes- September 15, 2004
what they want. They receive donations from private donors and do fundraisers.
Hanus stated that before considering such a thing, the community should be asked for
input to see if they endorse large amounts of tax dollars being given away to private
groups. No action taken.
7. Public Hearings
Abatement of Code Violation at 2712 Tyrone Lane
Smith informed the Council that the property located at 2712 Tyrone Lane was issued a
building permit to reconstruct a detached garage which burned in 2003. The project has
not been completed and currently has no roof and no door and is therefore open and
accessible. Based upon review by the CSO the condition of the structure is in violation
of the nuisance ordinance. Smith just recently spoke to the contractor who informed
her that the truss setting was scheduled for today, but was rain delayed. She suggests
remanding this matter back to staff to allow members of her team to get a schedule that
can be followed to get the project completed.
Mayor Meisel opened the public hearing at 8:20 p.m., and no public comment was
offered.
Dean suggested to the Council to defer this matter for 2 weeks and direct staff to bring
back an abatement resolution that takes into consideration the material presented this
evening, plus any activity that occurs between now and 2 weeks. In 2 weeks an
abatement resolution could be presented which would include, if necessary, steps
needed to take to resolve the problem, and also what the city's action will be if those
steps are not taken.
Meisel closed the hearing at 8:25 p.m.
MOTION by Osmek, seconded by Brown to direct staff to prepare an abatement
resolution as suggested by City Attorney Dean above. All voted in favor. Motion
carried.
Budgets and Levies
A. MOTION by Brown, seconded by Osmek to adopt the following resolution.
Meyer stated he is disappointed with this budget in that it doesn't include any
appropriations for lifeguards, that the appropriation for the skate park should be
higher, and that playground equipment should be budgeted for and not taken out
of park dedication funds. Meisel asked why Meyer wasn't at the budget
workshop so that those concerns could be considered earlier. The following
voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against:
Meyer. Motion carried.
Mound City Council Minutes - September 15, 2004
RESOLUTION NO. 04-105: RESOLUTION APPROVING THE 2005
PRELIMINARY GENERAL FUND BUDGET IN THE AMOUNT OF $4,417.300;
SETTING THE PRELIMINARY LEVY AT $3,776.120; AND APPROVING THE
PRELIMINARY OVERALL BUDGET FOR 2005.
MOTION by Hanus, seconded by Brown to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 04-105: RESOLUTION APPROVING A LEVY NOT TO
EXCEED $145,630 FOR THE PURPOSE OF DEFRAYING THE COST OF
OPERATION, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE
HOUSING AND REDEVELOPMENT AUTHORITY OF AND FOR THE CITY OF
MOUND FOR THE YEAR 2005.
Mound Harbor Renaissance Development, LLC
A. Case #04-31: Sketch Plan: Lost Lake, Auditors Road and Lake Lan.qdon
Districts
Mayor Meisel turned the meeting over to Acting Mayor Hanus at this point because
of a possible perceived conflict of interest as the Mayor owns property within the
redevelopment area.
Members of Mound Harbor Renaissance Development, LLC presented a power
point presentation sketch plan to the Council which included Lost Lake, Auditors
Road and Lake Langdon Districts. No action taken.
MOTION by Hanus, seconded by Brown to pass the following ordinance. All
voted in favor. Motion carried.
ORDINANCE NO. 08-2004: AN ORDINANCE AMENDING SUBSECTION
800.05 OF THE MOUND CITY CODE AS IT RELATES TO INTOXICATING
LIQUOR LICENSES.
Mayor Meisel returned to preside over the balance of the meeting.
10. Discussion on Alcohol Licenses on Charter Boats, as requested by LMCD
A request has been received from the LMCD, asking for the city's comments on the
matter of increasing the number of on-sale intoxicating liquor licenses for charter boats.
It is the Council's consensus to send a letter to the LMCD expressing their support to
increase the number of on-sale intoxicating liquor licenses available so that it meets the
current number of charter boats.
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Mound City Council Minutes- September 15, 2004
'11. Miscellaneous/Correspondence
A. Report: Liquor Store - August 2004
B. Announcement: H arbor Wine & Spirits Gala Wine Tasting Benefit
C. Correspondence:Mound Westonka Schools
D. Newsletter: Metropolitan Council
Gillespie Center
E. Calendar: LMCC
12. Adjourn
MOTION by Brown, seconded by Osmek to adjourn at 9:17 p.m. All voted in favor.
Motion carried.
?Atte~;t: Bonnie Ritter, City Clerk
Mayor Pat Meisel
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