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2005-02-08 MOUND CITY COUNCIL MINUTES FEBRUARY 8, 2005 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, February 8, 2005, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise, and David Osmek. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Public Works Director Carlton Moore, Melody Husted, Steve Bedell, Claudia Lacy, Marianne Andela, Robert Mack, Pam Sinchef. Consent Agenda: All items listed under the Consenf 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 even 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. Pledge of Allegiance 3. Approve Agenda MOTON by Brown, seconded by Specht to approve the agenda. All voted in favor. Motion carried. 4. Consent Agenda Osmek requested the removal of 4G for discussion, and Meisel requested the removal of 4L, 4M, and 4N. MOTION by Beise, seconded by Specht to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of January 25, 2005 and February 1, 2005 meetings. B. Approve payment of claims in the amount of $142,780.20. C. Approve renewal of contract with NRG Processing Solutions, LLC, for yard waste composting. D. RESOLUTION NO. 05-23: RESOLUTION RECOMMENDING FUNDING OF SENIOR PROGRAMS THROUGH THE COMMUNITY DEVELOPMENT BLOCK GRANT E. Approve bailey's Pub Public Dance/Live Music permit renewal at Mound City Council Minutes -February 8, 2005 F. RESOLUTION NO. 05-24: RESOLUTION TO AUTHORIZE SUBMITTAL OF A TRANSIT ORIENTED DEVELOPMENT (TOD) GRANT APPLICATION TO HENNEPIN COUNTY REQUESTING FUNDING FOR PEDESTRIAN RELATED FACILITIES TO SUPPORT THE PROPOSED PARKING DECK IN THE TRUE VALUE TRANSIT DISTRICT IN DOWNTOWN MOUND. G. (removed) H. RESOLUTION NO. 05-25: RESOLUTION APPROVING THE AGREEMENT FOR JOINT AND COOPERATIVE USE OF FIRE PERSONNEL AND EQUIPMENT I. RESOLUTION NO. 05-26: RESOLUTION TO AMEND RESOLUTION NO. 05- 17APPROVING CONDITIONAL USE PERMIT AND SIGN VARIANCE APPLICATION(S) FROM DAN NGUYEN AND PHI TRAN ON BEHALF OF TOKYO EXPRESS TO ALLOW A CLASS II RESTAURANT AND DRIVE-THRU TO BE LOCATED AT 5205 SHORELINE DRIVE, TO ELIMINATE REQUIREMENTN TO RECORD TEMPORARY EASEMENT AGREEMENT J. RESOLUTION NO. 05-27: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2005 STREET RECONSTRUCTION PROJECT K. RESOLUTION NO. 05-28: RESOLUTION RECOMMENDING CONTINUATION OF CBDG FUNDING OF WESTONKA COMMUNITY ACTION NETWORK (WeCAN) ~, L. (removed) M. (removed) N. (removed) O. Set special workshops: March 29, at 6:30 p.m. for Annual Reports; and April 19, at 6:30 p.m. for Key Financial Strategies 4G. Planning Commission Recommendation Case No. 04-43 -Minor Subdivision - 4716 Beachside Road Owner: Robert Mack; Applicant, Jim Bedell Recommendation: Voted 4 to 3 to recommend approval subject to conditions The applicant requests the division of an existing parcel into 2 buildable lots. The property contains 20,998 square feet of area as platted, including lots 12, 13 and 14 of Block 7, Shadywood Point. Parcel B would consist of the existing house and garage, abutting Beachside Road and Shorewood Lane. Parcel A would be to the north of Parcel B, with the part of the parcel coming down the westerly border of Parcel B. The part of the parcel coming down the westerly edge of Parcel B would be used as the driveway, entering off of Beachside Road. The Planning Commission recommended approval on a 4-3 vote. City Staff recommended denial because it created an awkward lot that is not in character with the ', platting of the neighborhood, with concern that the flag lot driveway creates an unusual Mound City Council Minutes -February 8, 2005 division of land ownership that has the potential to create any number of property issues. Marianne Andela, a neighbor residing at 4732 Beachside Road, voiced objection to the proposed subdivision. Her concerns were potential drainage issues, driveway traffic so close to her house, and snow removal from the narrow drive that abuts her property. She is disturbed that this is being done and no consideration going to her. Jim Bedell explained that with the proposed driveway the water that originates on the property will not go in Andela's direction. Melody Husted, 1968 Lakeside Lane, also expressed concern over the potential drainage and snow removal problems. Osmek informed her that there are conditions included in the approval resolution that address the drainage concern. MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-29: RESOLUTION APPROVING A MINOR SUBDIVISION FOR THE PROPERTY LOCATED AT 4716 BEACHSIDE ROAD. P&Z CASE #04-43, PID #18-117-23-23-0039. Mayor Meisel stepped down because of a possible perceived conflict of interest for the next three items. Acting Mayor Osmek presided. 4L. Approve Mound Dock and Dredpinp Contract No. 77735 Amendment from EarthTech dated February 1, 2005 in the amount of $41,700.00. MOTION by Brown, seconded by Specht to approve the Mound Dock and Dredging Contract No. 77735 Amendment from EarthTech, dated February 1, 2005 in the amount of $41,700.00, to conduct additional sediment sampling and analysis in Lost Lake associated with the modified dock plan and requirement for the MCWD dredge application. The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. 4M. Approve Barr Enaineerina Professional Services Agreement MOTION by Brown, seconded by Specht to approve the Professional Consulting Services Agreement and Work Order #1 submitted by Barr Engineering Company, to conduct soils investigation testing activities on the Lost Lake Dump Site and Maxwell Property, contingent upon the City receiving access to the Maxwell Property from MHRD. The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. Mound City Council Minutes -February 8, 2005 4N. Resolution Approving Terms of $70,000 Internal Loan MOTION by Brown, seconded by Specht to adopt the following resolution. The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. RESOLUTION NO. 05-30: RESOLUTION APPROVING THE TERMS OF $70,000 INTERNAL LOAN Mayor Meisel returned to preside over the remainder of the meeting. 5. Comments and Suggestions from citizens present on any item not on the agenda. Claudia Lacy, 5940 Loring Drive, Minnestrista, appeared before the Council to voice her disapproval of a Councilmember's comments in the Laker and Sun newspapers. She was told that the Council is not saying that they condone smoking, but that they believe that the owners of business establishments should be able to decide for themselves if they want their business to be smoking or non-smoking. They feel that this is not a decision that government should make. Pam Sinchef, 4387 Wilshire Blvd, asked the Council to consider adding more things for teens to do in the City of Mound. It was suggested that she talk to Leah Weyker who is '~ with the Westonka Collaborative, and was an integral part of the skate park construction. 6. Tom May with Hennepin County Assessment Agreement MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-31: RESOLUTION TO EXTEND AGREEMENT WITH HENNEPIN COUNTY (CONTRACT No. A02901) FOR ASSESSMENT SERVICES 7. Consideration/Action on Resolution encouraQinp the Hennepin Coun Regional Railroad Authority to expedite the development of a recreational trail on the Dakota Rail Corridor. MOTION by Beise, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-32: RESOLUTION ENCOURAGING THE HENNEPIN COUNTY REGIONAL RAILROAD AUTHORITY TO EXPEDITE THE DEVELOPMENT OF A RECREATIONAL TRAIL ON THE DAKOTA RAIL CORRIDOR. Mound City Council Minutes -February 8, 2005 8. Appointment of a liaison to the Suburban Rate Authority MOTION by Osmek, seconded by Specht to appoint Pat Meisel to serve as the representative on the Suburban Rate Authority, with Bob Brown being the alternate. All voted in favor. Motion carried. 9. Miscellaneous/Correspondence A. Minutes: Planning Commission of January 24, 2005 B. Newsletters: Gillespie Center Lake Minnetonka Association C. Report: Compost Site for 2004 Finance Department -Dec 2004 (preliminary) D. Correspondence: Westonka Healthy Community Collaborative Lake Minnetonka Conservation District LMC Friday Fax Lake Minnetonka Chamber of Commerce Bancor Corp. 10. Adjourn MOTION by Specht, seconded by Osmek to adjourn at 8:23 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Cler 'o~/L- . Mayor Pat Meisel