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2005-05-10 MOUND CITY COUNCIL MINUTES MAY 10, 2005 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 10, 2005, at 7:30 p.m. in the council chambers of city hall. Members Present: Acting Mayor David Osmek, Councilmembers Bob Brown, John Beise, and Mike Specht. Members Absent: Mayor Pat Meisel Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, City Planner Loren Gordon, Public Works Director Carlton Moore, Tom Jones, Daryl & Merrett Geyen, Jay Soule, Cheryl Martin 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 even the item will be removed from the Consent Agenda and considered in normal sequence. 1. Open Meeting Acting Mayor Osmek called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve Agenda Beise requested the removal of 4A from the consent agenda for correction and Osmek moved the information item on the American Legion Liquor License from 8D to 6.1. MOTION by Beise, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent Agenda MOTION by Brown, seconded by Beise to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. (removed) B. Approve payment of claims in the amount of $180„815.15. C. RESOLUTION NO. 05-66: RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN PROPERTY FOR STREET RECONSTRUCTION AND OTHER PUBLIC PURPOSES D. RESOLUTION NO. 05-67: RESOLUTION COMMITTING LOCAL MATCH AND _ AUTHORIZING CONTRACT SIGNATURE City Council Minutes -May 10, 2005 E. Approve Planning Commission Cases 1. RESOLUTION NO. 05-68: RESOLUTION TO GRANT "LOT OF RECORD" STATUS FOR LOTS 3 8~ 4, BLOCK 17, THE HIGHLANDS AS PROVIDED IN RESOLUTION NO. 03-110. PID #23-117-24-34-0115 AND #23-117-24-34-0114. 2. RESOLUTION NO. 05-69: RESOLUTION TO DENY SIDE LOT SETBACK VARIANCE PROPERTY LOCATED AT 6185 SINCLAIR ROAD, LOT 4, BLOCK 17, THE HIGHLANDS. PID #24-117-24-34-0115. 3. RESOLUTION NO. 05-70: RESOLUTION ADOPTING LAND USE PLAN AMENDMENTS TO THE MOUND COMPREHENSIVE PLAN FOR PROPERTIES IN THE LOST LAKE DISTRICT 4. RESOLUTION NO. 05-71: RESOLUTION APPROVING A MINOR SUBDIVISION FOR THE PROPERTY LOCATED AT 2156 CARDINAL LANE. P&Z CASE #05-14. PID #13-117-24-31-0068. F. RESOLUTION NO. 05-72: RESOLUTION RECEIVING REPORT, ORDERING IMPROVEMENT, APPROVING PLANS AND SPECS, AND ORDERING ADVERTISEMENT FOR BIDS FOR LOST LAKE DUMP REMEDIATION. G. Approve Amendment to Water Structure Space Lease Agreement with VoiceStream Mineapolis, Inc. for the water tower on Evergreen. 4A. Approve Minutes Beise offered a correction to the minutes of April 26, 2005. MOTION by Beise, seconded by Brown to approve the minutes of April 26, 2005 as amended. All voted in favor. Motion carried. 5.Comments and suggestions from citizens present on any item not on the apenda• -None were offered. 6. Public Hearings A. Case #05 12 Conditional Use Permit Amendment (driveway modification at SA) 5337 Shoreline Drive - PC Recommendation: Approval with conditions Sarah Smith reviewed the CUP application, stating that this modification was initiated by the City to improve the traffic flow at the corner of Cypress and CSAH 15. Acting Mayor Osmek opened the hearing at 7:40 p.m. and upon hearing no comment, closed the hearing at 7:41 p.m. .- MOTION by Beise, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. 2 City Council Minutes -May 10, 2005 RESOLUTION NO. 05-73: RESOLUTION APROVING A CONDITIONAL USE PERMIT AMENDMENT FOR THE PURPOSE OF MODIFYING THE DRIVEWAY ACCESS/EGRESS ALONG CYPRESS BOULEVARD FOR THEH SUPER AMERICA CONVENIENCE STORE LOCATED AT 5337 SHORELINE BOULEVARD, PORTIONS OF BLOCK 4, SHIRLEY HILLS UNIT "F". PID #13- 117-24-34-0074. B. Case #05-16 and 05-17: Conditional Use Permit/Variance for the watertower and well house at 2355/2373 Chateau Lane - Applicant• City of Mound - Plannma Commission Recommendation•Rpproval with conditions Sarah Smith reviewed the application Acting Mayor Osmek opened the public hearing at 7:50 p.m. Vicki Theobald, 5079 Woodridge Road, asked how the water tower construction would affect the resurfacing of Chateau Lane. It was explained that Fairview and Chateau were originally scheduled for the 2005 street reconstruction project and were removed because it is not feasible to repair these streets until the construction of the water tower is finished. This may push the street reconstruction back to 2007. Upon hearing no further comment, Acting Mayor Osmek closed the public hearing at 7:54 p.m. MOTION by Brown, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-74: RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT AND HEIGHT VARIANCE FOR CITY OF MOUND TO ALLOW CONSTRUCTION OF A NEW MUNICIPAL WATERTOWER AND WELL HOUSE STRUCTURE AT 2355 AND 2373 CHATEAU LANE. P&Z CASE #05- 16 AND 05-17. PID #13-117-24-43-0095/13-117-24-43-0096. C. Case #05-13 -Conditional Use Permit Amendment - AI & Alma's Supper Club - 5186 Tuxedo Blvd. Planning Commission Recommendation• Approval with conditions. Loren Gordon gave an overview of the application, stating that the amendment consolidates some provisions of Resolution #84-26 and 94-69 and is proposed as the result of the updated LMCD multiple dock facility permit. The amendment will not change or create any new improvements to the property and may be viewed as procedural. 3 Mound City Council Minutes -May 10, 2005 Acting Mayor Osmek opened the public hearing at 8:04 p.m. and upon hearing no comment, closed the hearing at 8:05 p.m. MOTION by Brown, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-75: RESOLUTION AMENDING RESOLUTIONS #94-69 AND #84-26 AND APPROVING A CONDITIONAL USE PERMIT FOR OPERATING A MULTIPLE DOCK FACILITY FOR COMMERCIAL CHARTER BOATS ASSOCIATED WITH BUSINESS OPERATIONS OF "AL & ALMA'S SUPPER CLUB" LOCATED AT 5180 AND 5186 TUXEDO BLVD. LOTS 21, 22 AND 23, WHIPPLE SHORES. PID #24-117-24-34-0005 AND #24-117-24-34- 0006. Acting Mayor Osmek called a recess at 8:13 p.m. and reconvened the meeting at 8:22 p.m. 6.1. American Legion Liquor License Amendment Resort Kandis Hanson reported that the Fire Chief and Fire Inspector attended a meeting with a representative from the American Legion regarding their plans to construct an addition to their building to accommodate smoking, and indicated that they would also like to amend their liquor license to include this addition, plus the deck that they have constructed. They will have plans drawn up and present them for suggestions on fire exits, etc. Osmek expressed concern over security on the patio, and suggested that the Legion come back with a plan showing another exit so that entry and exit wouldn't be available directly from the deck. John Dean also suggested that they contact someone for clear interpretation of the Hennepin County smoking ban ordinance before they make an addition onto the building for the intended purpose of supplying a place for smokers. No action taken at this time. 7. Discussion/Action on Resolution on Transportation Priority A sample resolution was provided by the Regional Council of Mayors for consideration. The resolution was considered with no action taken. 4 City Council Minutes -May 10, 2005 8. Miscellaneous/Correspondence A. Comments and questions by City Council Members B. Minutes: Docks & Commons -April 21, 2005 LMCD -April 13, 2005 C. Correspondence: The Gillespie Gazette Hennepin County Regional RR Authority LMCC Suburban Rate Authority D. Reports: Mound Fire Commission Westonka Healthy Community Collaborative Finance Department -April 2005 Gambling Funds Donation from Jaycees 9. Ad'ourn MOTION by Beise, seconded by Brown to adjourn at 8:40 p.m. All voted in favor. Motion carried. ~, ~_ - Ac ing Ma r David Osmek Attest: Bonnie Ritter, City Clerk 5