2005-06-14
MOUND CITY COUNCIL MINUTES
JUNE 14, 2005
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session Tuesday, June 14, 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, Community Development Director Sarah Smith, Parks Director Jim
Fackler, Katie Hoff, Sid Inman, Eric Gustavson, Paul Larson, Jim and Amy Dailey, Tim
Cross, Dick & Connie Meyer, John Shannon, Ross Bingham, William Graham, Elizabeth
Schmidt, Cassandra Graham, Emma Shukle, Diane Rosencranz, Jim Hatchett.
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
Kandis Hanson requested four changes to the agenda, being: (1) the addition of Item
5.1, Resolution of Thanks; (2) The addition of Item 7.1, Dock Parcel Subdivision; (3)
Removal of Item 8D, to be placed on the June 28t" agenda; and (4) Addition of Item
10.1, City Manager's Report.
MOTION by Osmek, seconded by Specht 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. Upon roll call
vote taken, all voted in favor. Motion carried.
A. Approve minutes of May 24, 2005 and May 31, 2005 meetings.
B. Approve claims in the amount of $754,109.22.
C. 2005 Street Reconstruction Project
(1) Approve Payment Request #1 from Buffalo Bituminous in the amount of
$196,017.68. --
Mound City Council Minutes -June 14, 2005
D. 2004 Retaining Wall Improvements
(2) Approve Payment Request #3 from Rosti Consruction in the amount of
$89,429.27.
(3) Approve Change Order #1 for +$16,816.
E. Well #8 Pumphouse Project
a. Approve Payment Request #3 from Magney Constructionin the amount of
$136,933.00.
b. Approve Change Order #3 for +$1,716.92.
c. Approve Change Order #4 for +$3,344.40.
F. Lost Lake and Maxwell Sites
a. Approve Barr Engineering Work Order No. 3
b. RESOLUTION NO. 05-82: RESOLUTION APPROVING THE TERMS OF
$232,000 INTERNAL LOAN
G. ORDINANCE NO. 10-2005: ORDINANCE AMENDING SUBSECTION 330.10
OF THE CITY CODE (PROCEDURAL REQUIREMENTS) AS IT RELATES TO
RETAINING "LOT OF RECORD" STATUS FOR BOUNDARY ADJUSTMENTS,
WAIVER OF PLATTING AND SUBDIVISION EXEMPTION APPLICATIONS
H. RESOLUTION NO. 05-83: RESOLUTION REAFFIRMING THE
AUTHORIZATIN OF CITY SPONSORSHIP OF STATE GRANT-IN-AID
SNOWMOBILE TRAIL FUNDS
~-.. I. Approve Public Gathering Permit for July 16, 2005, for Wrestling Tournament by
Mound Wrestling Organization -Mound Bay Park
J. ORDINANCE NO. 08-2005: AN ORDINANCE AMENDING SECTION 800 OF
THE CITY CODE AS IT RELATES TO LIQUOR LICENSES
K. ORDINANCE NO. 09-2005: AN ORDINANCE AMENDING SECTION 810 OF
THE CITY CODE AS IT RELATES TO BEER LICENSES
L. RESOLUTION NO. 05-84: RESOLUTION AUTHORIZING THE
INSTALLATION OF STOP SIGNS AT TUXEDO BOULEVARD AND PIPER
ROAD
M. Approve Hennepin County, Westonka School District 277 and the City of Mound
Consent of Assignment of Contract No. A050934 (for use of one vote tabulator)
N. Approve Indenture of License between the Cit of Mound and the Westonka
Historical Society (for storage of records on first floor at City Hall)
O. Approve extension of the CBD Parking Program until June 30, 2006.
P. Approve Overland Lane Rip-Rap Proposal in the amount of $3,520.00.
Q. Planning Commission Recommendation
RESOLUTION NO. 05-85: RESOLUTION APPROVING A MINOR
SUBDIVISION AND A 16.5 FOOT FRONT YARD SETBACK VARIANCE FOR
THE PROPERTY LOCATED AT 1645 EAGLE LANE. PID #13-117-24-12-0180.
5. Comments and suagestions from citizens present on any item not on the
aaenda. None were offered.
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Mound City Council Minutes -June 14, 2005
5.1. RESOLUTION OF THANKS
Mayor Meisel read a resolution with the above subject.
MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 05-86: RESOLUTION RECOGNIZING AND THANKING
INDIVIDUALS AND DEPARTMENTS FOR AID GIVEN DURING RECENT SEARCH
6. Sale of 3.875 000 Taxable General Obli ation Tem ora Tax Increment
Financing Bonds Series 2005
Sid Inman of Ehlers & Associates explained the terms of the temporary bonds, that will
be used to finance clean-up and remediation of a former landfill site for amixed-use
housing and retail project (Mound Harbor Renaissance Development).
MOTION by Brown, seconded by Specht to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 05-87: RESOLUTION PROVIDING FOR THE SALE OF
$3,875,000 TAXABLE GENERAL OBLIGATION TEMPORARY TAX INCREMENT
FINANCING BONDS, SERIES 2005
7. MWHS Girl Scouts
Lois Van Dyke, the Westonka School District Nurse, appeared before the Council with
three members of the girls scouts to inform and ask for the Council's support regarding
the project to obtain eight Automatic External Defibrillators (AEDs) to place in various
locations throughout the school system and the City.
7.1. Dock Parcel Subdivision - 3061 Westedge Boulevard
Sarah Smith stated that the 90-day timeline expires on or around June 20, 2005, for the
City to receive evidence that the dock parcel and residential parcel have been tax
combined for 3061 Westedge Boulevard. (Martin Sarenpa). Staff recommends that the
timeline be extended an additional 60 days.
MOTION by Brown, seconded by Beise to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 05-88: RESOLUTION TO AMEND RESOLUTION NO. 05-49 TO
EXTEND TIMELINE FOR RECORDING OF SUBDIVISION EXEMPTION FOR DOCK
PARCEL SUBDIVISION ASSOCIATED WITH PROPERTY LOCATED AT 3061
WESTEDGE BOULEVARD, FOR 60 DAYS. PID #23-117-24-33-0012.
8. Action on Planning Cases
Mayor Meisel turned the meeting over to Acting Mayor Osmek because of possible
perceived conflict of interest. She is an owner of property in the redevelopment area.
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Mound City Council Minutes -June 14, 2005
A. Case #05 44 Action on floodplain alteration permit and Wetland Conservation Act
(WCA) Permit Application and Replacement Plan -Applicant: City of Mound and MHRD
Sarah Smith reviewed the request submitted by the City of Mound and Mound Harbor
Renaissance Development for a floodplain alteration permit for excavation and filling
activities in the Lost Lake District. The permit is required to allow for remediation of the
existing dump and construction of (37) townhomes and 12,500 sq. ft. commercial/retail
building on the subject property.
MOTION by Beise, 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. 05-89: RESOLUTION APPROVING THE FLOODPLAIN
ALTERATION PERMIT (MCWD RULE C) FROM THE CITY OF MOUND AND MOUND
HARBOR RENAISSANCE DEVELOPMENT (MHRD) FOR THE LOST LAKE
DISTRICT. PID #13-117-24-34-0063, 13-117-24-34-0069 and 13-117-24-34-0075.
Smith continued by reviewing the application received from MHRD or a Wetland
Conservation Act (WCA) replacement plan for the Lost Lake District development
project. Their proposed development will result in wetland impacts along the fringe
^' portion of Lost Lake and adjacent wetland. On-site wetland replacement is proposed at
a 2:1 ratio. No comment were received regarding this application after notice was
given.
MOTION by Brown, seconded by Beise 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. 05-90: RESOLUTION TO APPROVE A WETLAND
CONSERVATION ACT WETLANDS PERMIT APPLICATION AND REPLACEMENT
PLAN FROM MOUND HARBOR RENAISSANCE DEVELOPMENT (MHRD) IN
CONJUNCTION WITH DEVELOPMENT KNOWN AS "LOST LAKE". PID #13-117-24-
34-0063, 13-117-24-33-0069 AND 13-117-24-34-0075.
Mayor Meisel returned to preside over the rest of the meeting.
B. Case #05 24 Floodplain Alteration and WCA Exemption Permit Applications
Sarah Smith reviewed the application made by Taylor Made Homes, Tracy Schaad and
Bill Mernick, for a floodplain alteration and WCA permit for the properties located at
5331 and 5341 Three Points Blvd. The permits are required to allow for construction of
new single-family homes on the lots. These lots are part of a minor subdivision and
variance approved for William Stoddard of Minnetonka Enterprises in 2003.
Osmek suggested the addition of two conditions to the proposed resolution.
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Mound City Council Minutes -June 14, 2005
MOTION by Specht, seconded by Beise to adopt the following resolution as amended.
All voted in favor. Motion carried.
RESOLUTION NO. 05-91: RESOLUTION APPROVING THE FLOODPLAIN
ALTERATION PERMIT (MCWD RULE C) AND CERTIFICATE OF WETLAND
EXEMPTION FROM TAYLOR MADE HOMES FOR THE PROPERTY LOCATED AT
5331 THREE POINTS BOULEVARD. PID #13-117-24-21-0096.
8C. Case #05-25 -Flood lain Alteration and WCA No-Loss Exem tion ermit
Discussion included with item 8B.
MOTION by Beise, seconded by Osmek to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 05-92: RESOLUTION APPROVING THE FLOODPLAIN
ALTERATION PERMIT (MCWD RULE C) AND CERTIFICATE OF WETLAND
EXEMPTION FROM HOLLY SCHAAD AND BILL MERNICK FOR THE PROPERTY
LOCATED AT 5341 THREE POINTS BOULEVARD. PID #13-117-24-21-0097.
8D. (removed)
9. Approve Renewal of Liquor Licenses (contingent upon receipt of all applicable
forms, fees and certificates of insurance) -License year 7/1/05 through 6/30/06
A. PDQ foods - 5550 Three Points Blvd. - 3.2 Off Sale License
MOTION by Brown, seconded by Specht to approve the 3.2 Off-Sale License for
2005/2006 for PDQ Foods.
B. Speedway Superamerica - 5337 Shoreline Blvd - 3 2 Off Sale License
MOTION by Osmek, seconded by Specht to approve the 3.2 Off-Sale License for
2005/2006 for Speedway Superamerica
C. Fi Yin & Shun Bo Moy (trade name House of Moy) - 5555 /Shoreline Blvd 3 2 On
Sale and On-Sale Wine License
MOTION by Osmek, seconded by Beise to deny this license subject to City Code
Subsection 800.30, Subd. 3, Delinquent Taxes and Charges. All voted in favor. Motion
carried.
D. SKD. Inc. (trade name Carbone's Pizzeria) - 2155 Commerce Blvd 3 2 On Sale
and On-Sale Wine License
A proposed resolution was considered, putting conditions on the license as it pertains to
the patio that is included in the premises. Discussion followed regarding these
conditions, along with the conditions of bailey's Pub patio, as these are adjacent
businesses with two different liquor licenses. There were suggestions as how to divide
the patio so as to accommodate for control of liquor sales and consumption.
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`~ MOTION by Brown, seconded by Beise to approve the 3.2 on-sale and wine licenses for
SKD, Inc. with a 90-day extension to comply with conditions of the proposed resolution.
More discussion followed.
MOTION by Osmek, seconded by Beise to table this item until the meeting of June 28tH
to give City staff, representatives of SKD Inc, JDP Inc, and PBK (the property
owner/manager) an opportunity to meet and come up with a viable way to achieve
what's needed to comply with liquor control for these premises. The following voted in
favor: Specht, Beise, Osmek, and Meisel. The following voted against: Brown. Motion
carried.
E. American Legion Post 398 2333 Wilshire Blvd Club and Sunday Liquor
MOTION by Osmek, seconded by Specht to approve the Club and Sunday Liquor
licenses for American Legion Post 398, and adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 05-93: RESOLUTION REDIFINING AMERICAN LEGION POST
398 PREMISES FOR CLUB AND SUNDAY LIQUOR LICENSES
F. VFW Post 5113 2544 Commerce Blvd Club and Sunday Liquor
MOTION by Brown, seconded by Specht to approve the Club and Sunday Liquor
.- licenses fir V.F.W. Post 5113, and adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 05-94: RESOLUTION REDEFINING V.F.W. POST 5113
PREMISES FOR CLUB AND SUNDAY LIQUOR LICENSES
G. JDP Inc (trade name Dailey's Pub) 2151 Commerce Blvd - On-sale and Sunda
Liquor Licenses
This item was discussed along with item 9D.
MOTION by Osmek, seconded by Specht to table this item until the meeting of June
28tH to give City staff, representatives of SKD Inc, JDP Inc, and PBK (the property
owner/manager) an opportunity to meet and come up with a viable way to achieve
what's needed to comply with liquor control for these premises. The following voted in
favor: Specht, Beise, Osmek and Meisel. The following voted against: Brown. Motion
carried.
H. AI & Alma's Supper Club Corp 5201 Piper Road On-sale and Sunday Liquor
Licenses
MOTION by Osmek, seconded by Beise to approve the On-sale and Sunday Liquor
Licenses for AI & Alma's Supper Club Corp. All voted in favor. Motion carried.
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Mound City Council Minutes -June 14, 2005
10. Discussion/action on dock sites on Excelsior Commons
Jim Fackler reviewed the history of this item. An appeal to reverse the decision to grant
the Meyers abutting rights for their non-abutting homestead property was denied by the
Council on April 26, 2005. The issue yet to be resolved is whether or not Bingham will
retain his present dock (the dock adjacent to Lot 18) until such time that an application
is made for the property given abutting rights, or be relocated immediately.
Dick and Connie Meyers stated that according to City Code, abutting owners have first
priority for a City designated location within the lot lines extended to the shoreline. They
are not asking for the dock right now but are asking that it be designated until such time
that Lot 18 is built on or a dock permit applied for. She does not agree with letting Mr.
Bingham occupy the dock until he chooses to leave.
Ross Bingham also addressed the Council stating that he has had that dock for years
and does not wish to be located. He stated that it's a matter of principle and he
shouldn't have to be relocated because years ago a member of City Staff erroneously
informed the Meyers that they had abutting status. He expressed that he feels he's
fighting a losing battle and thinks this stinks. He just wanted to be heard.
MOTION by Beise, seconded by Brown that Mr. Bingham retains his current dock sight
until such time that the owner of Lot 18 makes application for an abutting dock, and
when this application is made Mr Bingham has the option to secure the dock now
available 350' down from his present site (#09395), or work with City Staff to secure a
different site if a more favorable one is available at that time. John Dean added that this
approach has been consented to by the Meyers and Mr. Bingham. The following vote in
favor: Brown, Specht and Beise. The following voted against: Osmek and Meisel.
Motion carried.
10.1 City Manager's Report
Kandis Hanson gave a report on the plans for the upcoming Spirit of the Lakes/Festival
of the Arts which will take place in Mound July 14 through 17. Buttons are available for
a minimum donation of $3.
11. Miscellaneous/Correspondence
A. Questions or comments from Councilmembers -Beise gave a progress report on
the trail being planed for the Dakota Rail corridor, to run from Wayzata to St. Bonifacius.
B. Report: Harbor Wine & Spirits
Northstar Commuter Rail
Update on Proposed Amendment to Nuisance Ordinance
C. Minutes: DCAC -May 19, 2005
LMCD -May 11, 2005
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Mound City Council Minutes -June 14, 2005
12. Adiourn
MOTION by Brown, seconded by Specht to adjourn at 10:08 p.m. All voted in favor.
Motion carried.
Attest: Bonnie Ritter, City Clerk
ayor Pat Meisel
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