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2004-09-28MOUND CITY COUNCIL MEETING SEPTEMBER 28, 2004 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 28, 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, City Engineer John Cameron, Public Works Director Carlton Moore, Grant and Julie Johnson, Allan Moran, Susan and Rick Bloomquist, Gene Cook, Sharon Cook, Lorrie Ham, Mike Specht, Cathy Bailey, Mary Ellen Storlien, Peter Johnson, Sue Eskedahl, Leah Weycker, George & Janet Linkert, Tom Jones, Rob Ruetten, Mary Sells, Tom Stokes, Gene Zulk, Keith Randklev, Kevin ham, Carleen Estrem, Jacob Schroden 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 order at 8:04 p.m. 2. Pledge of Allegiance 3. Approve Agenda Meisel requested the removal of 5C from the consent agenda for discussion, and item 51 for a correction. MOTION by Osmek, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 4. Action on Proclamation Mayor Meisel introduced Kevin Ham, Carleen Estrem, and Jacob Schroden. They are seniors at Westonka Schools and represented the student body for a presentation from the Mayor. Meisel read and presented a Proclamation that proclaimed October 3-9, 2004 as Westonka Students' Week and urged all citizens to join in saluting the students and encourage the community to show their support through attendance at not only the Homecoming activities, but all student activities and events. Mound City Council Minutes - September 28, 2004 5. Consent Aqenda MOTION by Hanus, seconded by Brown to approve the consent agenda with the exception of item 5C and 51. Upon roll call vote taken all voted in favor. Motion carried. A. Approve minutes of September 15, 2004 regular meeting B. Approve payment of claims in the amount of $212,428.52. C. (removed) D. Set Special Meetings 1. Interview candidates for Park and Open Space Commission and LMCD representative: November 8, 2004, 7:30 p.m. 2. Workshop for Key Financial Strategies with Ehlers & Associates: November 16, 2004, at 6:30 p.m. E. ORDINANCE NO. 09-2004: AN ORDINANCE AMENDING SECTION 903 OF THE CITY CODE AS IT RELATES TO REGULATION OF FISHING AT LOST LAKE CHANNEL. F. RESOLUTION NO. 04-107: RESOLUTION APPOINTING ADDITIONAL ELECTION JUDGES AS RECOMMENDED FOR THE GENERAL ELECTION NOVEMBER 2, 2004. G. Approve the summary of terms of Labor Agreement between the City of Mound and Law Enforcement Services, Inc. (LELS) - Local No. 35: Police Supervisors, as determined by arbitration. H. RESOLUTION NO. 04-108: FEE SCHEDULE I. (removed) 5C. Public Lands Permit for Denise Bader MOTION by Osmek, seconded by Brown to adopt the following resolution. favor. Motion carried. All voted in RESOLUTION NO. 04-109: RESOLUTION TO APPROVE AN AFTER-THE-FACT PUBLIC LANDS PERMIT FOR DENISE BADER, 6116 EVERGREEN RD, MOUND, MN 55364. 51. Approve Planninq Commission Recommendations MOTION by Brown, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. 1. Case #04-32 & 33: Suncrest Builders, LLC, 3000 Highland Blvd., Waiver of Platting RESOLUTION NO. 04-110: RESOLUTION APPROVING A WAIVER OF PLATTING AND LOT WIDTH VARIANCES FOR THE PURPOSE OF DIVIDING A TAX PARCEL INTO THE TWO ORIGINALLY PLATTED LOTS LOCATED AT 3000 HIGHLAND BOULEVARD, LOTS 1 AND 2, BLOCK 2, HIGHLANDS, P&Z CASE #04-32 AND 04- 33. PID #23-117-24-41-0008. 2 Mound City Council Minutes - September 28, 2004 2. Case #04-30: James Reuper/Susan Eskedahl, 4815 Island View Drive, Variance RESOLUTION NO. 04-111: RESOLUTION APPROVING LAKESIDE SETBACK AND LOT SIZE VARIANCES FOR THE CONSTRUCTION OF A NEW RESIDENCE ON THE PROPERTY LOCATED AT 4815 ISLAND VIEW DRIVE, LOT 5 AND THE WEST 1/2 OF LOT 4, BLOCK 13, DEVON, P&Z CASE #04-30. PID #25-117-24-11-0031. 3. Case #04-29: George Linkert, 5017 Avon rive, Variance RESOLUTION NO. 04-112: RESOLUTION APPROVING FRONT AND SIDE YARD SETBACK, LOT AREA AND LOT WIDTH VARIANCES FOR THE CONSTRUCTION OF A NEW RESIDENCE ON THE PROPERTY LOCATED AT 5017 AVON DRIVE, P&Z CASE #04-29. PID #24-117-24-13-0002. 6. Comments & su.q.qestions from citizens present on any item not on the agenda Sharon Cook, president of the Gillespie Center, appeared before the Council to make a statement. She wanted to thank all of the cities and individuals that have supported the Gillespie Center. She also thanked the City of Mound for the services that they provide for the Center. 7. Public Hearincls A. Case #04-26: Super America, 5337 Shoreline Drive, Action on resolution. Super America is seeking to improve their gasoline pump islands for better access and traffic flow. The property currently operates under a conditional use permit so a public hearing is required for the proposed improvement. Mayor Meisel opened the hearing at 8:28 p.m., and with no public comment being offered, closed the public hearing at 8:29 p.m. MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 04-113: RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE PURPOSE OF CHANGING GASOLINE PUMP ISLAND CONFIGURATION AND OVERHEAD CANOPY FOR THE SUPER AMERICA CONVENIENCE STORE LOCATED AT 5337 SHORELINE BOULEVARD, PORTIONS OF BLOCK 4, SHIRLEY HILLS UNIT "F", P&Z CASE 04-26, PID #13-117-24-34-0074. B. Case #04-24: City Well House, 6139 Evergreen Road, Action on Resolution. The Public Works Department has submitted an application for a conditional use permit to allow construction of a new municipal well house structure at 6139 Evergreen Road. Mayor Meisel opened the public hearing at 8:45 p.m. Allan Moran, 6155 Evergreen Road, the former owner of the property and current neighbor, stated that the other neighbors have seen the sketch of the proposed well house and landscaping and have voiced no opposition. He did express concern that 3 Mound City Council Minutes - September 28, 2004 the trees on the west edge of the property, his easterly edge, stay there to provide a buffer between the properties. Mayor Meisel closed the hearing at 8:50 p.m. MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 04-114: RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT FOR THE CITY OF MOUND TO ALLOW CONSTRUCTION OF A NEW MUNICIPAL WATER WELL HOUSE STRUCTURE AT 6139 EVERGREEN ROAD. P&Z CASE #04-24, PID #23-117-24-24-0011. = 2004 Street Reconstruction Project MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 04-115: RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ON 2004 STREET RECONSTRUCTIN PROJECT. MOTION by Hanus, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 04-116: RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT FOR 2004 STREET RECONSTRUCTION PROJECT 9. Cooperative Aqreement with Metropolitan Council Environmental Services for Relocation of L25 Lift Station Mayor Meisel turned the meeting over to Acting Mayor Hanus for this item because of a possible perceived conflict of interest. Carlton Moore explained that the relocation of the existing Metropolitan Council Environmental Services (MCES) L25 lift station is required for the proposed downtown redevelopment. 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. RESOLUTION NO. 04-117: RESOLUTION AUTHORIZING EXECUTION OF THE COOPERATIVE CONSTRUCTION AGREEMENT BETWEEN THE CITY OF MOUND AND THE METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES. Meisel returned to preside over the rest of the meeting. 4 Mound City Council Minutes - September 28, 2004 10. Update on Nuisance Abatement at 2712 Tyrone Lane It was noted that the project is progressing and no action taken at this time. Staff will keep on top of this and keep the Council updated. 11. Miscellaneous/Correspondence A. Report: Finance Dept- Aug 2004 Liquor Store - Sept 2004 B. Correspondence: Hennepin County Appraising LMCD Westonka Healthy Community Collaborative Metropolitan Council on housing C. Newsletter: Gillespie Center D. Calendar: Lake Minnetonka Communications Commission E. Minutes: Excerpt from DCAC - Sept 16, 2004 F. Resignation: Christopher Pounder- Public Works 12. Adjourn MOTION by Brown, seconded by Osmek to adjourn at 9:15 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 5