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2005-05-24 MOUND CITY COUNCIL MINUTES MAY 24, 2005 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session Tuesday, May 24, 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 Planner Loren Gordon, Public Works Director Carlton Moore, Finance Director Gino Businaro, Jim Roberge, John & Fran Schultz, William & Billy Graham, June McCarthy 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 Mayor Meisel called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve Agenda Osmek requested the removal of item B from the consent agenda and Meisel requested the removal of item A. MOTION by Beise, seconded by Specht to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent Agenda MOTION by Beise, seconded by Specht to approve Items C,D, and E on the consent agenda. All voted in favor. Motion carried. A. (removed) B. (removed) C. Approve Payment Request #2 from Magney Construction in the amount of $74,493,87 for the #8 Pumphouse Project D. ORDINANCE NO. 06-2005: AN ORDINANCE AMENDING SUBSECTION 330.10 OF THE CITY CODE AS IT RELATES TO DOCK PARCEL SUBDIVISIONS Mound City Council Minutes -May 24, 2005 E. RESOLUTION NO. 05-76: RESOLUTON AUTHORIZING THE EXECUTION OF A JOINT COOPERATIVE AGREEMENT BETWEEN THE CITY OF MOUND AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2006-2008. 4A. Approve Minutes Meisel had requested the removal of this item from the consent agenda because she will abstain from voting as she was absent from that meeting. MOTION by Beise, seconded by Brown to approve the minutes of the May 10, 2005 meeting. The following voted in favor. Brown, Specht, Beise, and Osmek. The following voted against: None. Mayor Meisel abstained from voting. Motion carried. 4B. Approve Payment of Claims Osmek asked that this be removed from the consent agenda to question the bill from Mound Marketplace for Common Area Maintenance in the amount of $850. Gino Businaro explained that bill is for the cost of insurance and maintenance for the shared space, like the parking lot area. The cost is based on the size of the facility, is a monthly charge and was part of the agreement when the liquor store was purchased. Brown questioned the $103.31 bill for Cub Foods Chaplain Training and Kandis explained that this was for the Chaplain training that Mound recently hosted. MOTION by Brown, seconded by Specht to approve payment of the claims in the amount of $244,682.72. Upon roll call vote, all voted in favor. Motion carried. 5. Comments and suggestions from citizens present on any item not on the agenda. -None were offered. 6. Comprehensive Annual Financial Report for 2004 and Management Letter Steve McDonald of Abdo, Eick & Meyers, LLP, presented the Comprehensive Annual Financial Report for 2004 and reviewed the accompanying management letter dated April 1, 2005. MOTION by Specht, seconded by Brown to acknowledge receipt of the Comprehensive Annual Financial Report for 2004 and the Management Letter dated April 1, 2005. All voted in favor. Motion carried. 2 ur Mound City Council Minutes -May 24, 2005 7. Action on Planning Commission Case #05-11 -John Schulz Dock Parcel Subdivision Sarah Smith reviewed the request of approval of a dock parcel subdivision associated with the property located at 3192 Westedge Boulevard to create (1) dock parcel to be combined with the property located at 3166-3177 Westedge Road which currently includes a duplex. She explained that the County has no objections and that placement of docks is subject to LMCD jurisdiction. She referenced that the lot that is getting a dock parcel is a duplex and a duplex is allowed one BSU only, not one per side. In the event that the duplex changes hands or converts to single-family use the number of watercraft could change to four, but the number for a duplex is one. MOTION by Beise, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried RESOLUTION NO. 05-77: RESOLUTION TO APPROVE SUBDIVISION EXEMPTION FOR DOCK PARCEL SUBDIVISION ASSOCIATED WITH PROPERTIES LOCATED AT 3192 AND 3166-3170 WESTEDGE BOULEVARD. PID #23-117-24-33-0002 AND 23-117-24-34-0059. ~„ 8. Action Requesting Planning Commission Review Sarah Smith advised the Council that the City received applications for floodplain alteration for the properties located at 5331 and 5341 Three Points Boulevard which are commonly known as the former Becker or Stoddard lots. Based on discussion with the Planning Commission Chair Geoff Michael, it is suggested that the proposed applications be referred to the Planning Commission for review at an upcoming meeting. MOTION by Specht, seconded by Brown to refer cases #05-24 and 05-25 to the Planning Commission for their review and recommendation. All voted in favor. Motion carried. 9. Consideration Amendment to American Legion Liquor License John Dean reviewed the proposed resolution and Jim Roberge, representing the American Legion, stated that he would comply with conditions of the resolution as stated with the railing height being 5' high and it would be equipped with adoor/gate device that prohibits entrance directly from the parking lot, but provides an emergency exit from the deck (such device to be approved by the Fire Inspector). Osmek expressed concern over the Legion's plan to building on a smoking room to be used for that purpose. Roberge stated that he just got off the phone with Len who is in charge of inspecting for compliance with the Hennepin County Smoke-Free Ordinance ~- and it is legal to smoke in a room that has the door shut and that has its only heating and cooling system, which he will install. Dean stated that any approval that the City 3 Mound City Council Minutes -May 24, 2005 Gives regarding the liquor license is not indication that the Legion is OK as far as compliance with the Hennepin County Smoke-Free Ordinance. Roberge understands that. MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-78: RESOLUTION TO AMEND AMERICAN LEGION POST 398 CLUB LIQUOR LICENSE 10. Miscellaneous/Correspondence A. Comments and questions by City Council Members B. Correspondence: Westonka Healthy Community Collaborative Mn Public Transit Association C. Reports: Wine in Grocery Store Legislation 11. Adjourn MOTION by Specht, seconded by Brown to adjourn at 8:20 p.m. All voted in favor. Motion carried. i Attest: Bonnie Ritter, City Clerk '~ti ayor Pat Meisel 4