2005-06-28
MOUND CITY COUNCIL MINUTES
JUNE 28, 2005
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, June 28, 2005, at 7:30 p.m. in the council chamber 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, Fire Chief Greg
Pederson, Police Chief Jim Kurtz, Steve Bedell, Jim Dailey, Patrick Smith.
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
separafe 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 to order at 7:30 p.m.
2. Pledge of Allegiance
3. Approve Agenda
Brown requested the addition of an item, Special Meeting Assessment. Hanson
requested the removal if items 4E and 4F, both items to be placed on a later agenda.
Meisel requested the removal of item 4H(1) from the consent agenda for discussion.
MOTION by Osmek, seconded by Brown to approve the agenda as amended. All voted
in favor. Motion carried.
4. Consent Agenda
MOTION by Osmek, seconded by Brown to approve all but E, F, and H1. Upon roll call
vote, all voted in favor. Motion carried.
A. Approve minutes of June 14, 2005 and June 21, 2005 meetings.
B. Approve payment of claims in the amount of $451,025.11.
C. RESOLUTION NO. 05-95: RESOLUTION AUTHORIZING APPLICATION FOR
A DEVELOPMENT GRANT THROUGH THE LIVABLE COMMUNITIES
DEMONSTRATION PROGRAM
D. Approve changes to Park and Open Space Advisory Commission work rules as
submitted.
E. (removed)
F. (removed)
Mound City Council Minutes -June 28, 2005
G. Approve Permits for Spirit of the Lakes Festival of the Arts -July 14-17 2005
(1) Public Gathering Permits
(2) Public Dance/Live Music Permits
(3) Temporary On-Sale Liquor Permit for JDP, Inc. (bailey's Pub) for street
dances
(4) Temporary Sign Permits (as approved and designated by City Staff)
H. Planning Commission Cases
(1) (removed)
(2) Case #05-22 -Minor Subdivision, 4957 Island View Drive, Steve Bedell
RESOLUTION NO. 05-96: RESOLUTION APPROVING A MINOR
SUBDIVISION FOR THE PROPERTY LOCATED AT 4957 ISLAND VIEW
DRIVE, P8~Z CASE #05-22, PID #25-117-24-12-0003.
(3) Case #05-37 -Variance, 6379 Bartlett Blvd., Dan Rivers
RESOLUTION NO. 05-97: RESOLUTION TO APPROVE SIDE LOT
SETBACK VARIANCE FOR PROPERTY LOCATED AT 6379 BARTLETT
BOULEVARD, PID #23-117-24-32-0067.
4H(1) Case #05-29 -Variance, 2200-2238 Commerce Blvd.
Mayor Meisel asked if the shrubs would be trimmed or removed by the corner of the
clinic due to visibility issues. Mr. David Frank of Schafer Richardson (applicant) stated
that he would work with City Staff to assure that they were within regulations for
screening, and also not block visibility at that entrance.
MOTION by Brown, seconded by Beise to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 05-98: RESOLUTION TO APPROVE PARKING STALL,
PARKING STALL SIZE AND FENCE REQUIREMENT VARIANCES ASSOCIATED
WITH PARKING LOT REDESIGN FOR COMMERCE PLACE SHOPPING CENTER.
P8~Z CASE #05-29, PID #13-117-24-33-0078, 13-117-24-33-0079, 13-117-24-33-0080,
13-117-24-33-0081, 13-117-24-32-0168, AND 13-117-24-32-0169.
5. Comments and suggestions from citizens present on any item not on the
agenda. -None were offered.
6. Public Hearings
Case #05-46 -Wetland Permit Application -Applicant: MHRD, LLC, for Lost Lake
District.
Mayor Meisel stepped down and turned the meeting over to Acting Mayor Osmek
because of possibility of perceived conflict of interest.
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Mound City Council Minutes -June 28, 2005
Sarah Smith reviewed the application from Mound Harbor Renaissance Development,
LLC, stating that the City Code states that wetland applications are reviewed using the
CUP process, which requires a public hearing. The Planning Commission has reviewed
the application and recommended approval with conditions.
Acting Mayor Osmek opened the public hearing at 7:45 p.m. and asked for public
comment. Upon hearing none, the hearing was closed at 7:46 p.m.
MOTION by Specht, seconded by Brown to adopt the following resolution. The
following voted in favor: Brown, Specht, Beise, and Osmek. The following voted
against: None. Meisel abstained from voting. Motion carried.
RESOLUTION NO. 05-99: RESOLUTION TO APPROVE A 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, 13-117-24-34-0069, AND 13-
117-24-34-0075.
Mayor Meisel returned to preside over the meeting
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7. Fire Department
Greg Pederson briefly described the NIMS and Mutual-aid resolutions before the
Council for consideration.
A. MOTION by Brown, seconded by Specht to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION N0.05-100: RESOLUTION DESIGNATING THE NATIONAL
INCIDENT MANAGEMENT SYSTEM AS THE BASIS FOR ALL INCIDENT
MANAGEMENT IN MOUND
B. MOTION by Osmek, seconded by Beise to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 05-101: RESOLUTION PROMOTING THE USE OF
INTRASTATE MUTUAL-AID AGREEMENT
8. Approve Renewal of Liquor Licenses
A. SKD, Inc. (trade name: Carbone's Pizzeria) - 2155 Commerce Blvd. - 3.2 On-sale
and Wine On-Sale
Lengthy discussion took place regarding the conditions of the license as presented on
the proposed resolution. Defining the premises of Carbone's Pizzeria is a challenge
due to the fact that they share a patio with bailey's Pub, and these premises must be
~"' defined and separated due to two difference liquor licenses being involved.
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Mound City Council Minutes -June 28, 2005
MOTION by Brown, seconded by Osmek to approve the 3.2 on-sale license and on-sale
wine license for SKD, Inc., (trade name Carbone's Pizzeria) and to adopt the following
resolution as amended. All voted in favor. Motion carried.
RESOLUTION NO. 05-102: RESOLUTION DEFINING THE PREMISES FOR THE
ON-SALE 3.2 BEER AND WINE LICENSES ISSUED TO SKD, INC. (DOING
BUSINESS AS CARBONE'S PIZZERIA)
B. JDP, Inc. (trade name bailey's Pub) - 2151 Commerce Blvd.
Discussion on this item took place with the above item.
MOTION by Beise, seconded by Specht to approve the on-sale and Sunday liquor
licenses for JDP, Inc., (trade name bailey's Pub) and adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 05-103: RESOLUTION DEFINING THE PREMISES FOR THE
ON-SALE AND SUNDAY LIQUOR LICENSES ISSUED TO JDP, INC. (DOING
BUSINESS AS DAILEY'S PUB)
9. Pass Ordinance Amending Chapter 1000 of the City Code as it Relates to
Nuisances and Abatement
Sarah Smith explained that the purpose of the proposed amendments is to improve the
process for resolving nuisance issues and to recoup all involved costs. Osmek
questioned if the proposed five days to comply is enough time considering mail time,
holidays, etc. It was decided to change this to seven days.
MOTION by Brown, seconded by Osmek to pass the following ordinance, as amended.
All voted in favor. Motion carried.
ORDINANCE NO. 11-2005: AN ORDINANCE AMENDING CHAPTER 1000 OF THE
CITY CODE AS IT RELATES TO NUISANCES AND ABATEMENTS.
10. Recess City Council Meeting
MOTION by Osmek, seconded by Brown to recess the meeting at 9:10 p.m. All voted in
favor. Motion carried.
11. Reconvene City Council Meeting
MOTION by Osmek, seconded by Specht to reconvene at 9:11 p.m.
12. Executive Session regarding John M. Anderson et al v. City of Mound
John Dean stated that the Council would go into executive session to discuss a
proposed settlement agreement in the subject case, and to provide input and receive
recommendations from legal counsel. Council went into executive session at 9:15 p.m.
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Mound City Council Minutes -June 28, 2005
The Council returned to regular session at 9:37 p.m., and the City Attorney stated that
the executive session was to discuss attorney/client privileged information regarding the
subject case.
13A. Special Meeting Assessment
Brown asked if other cities charge the responsible party for calling a special meeting.
The Councilmembers would then receive pay for these meetings as paid for by the
responsible party. The Council directed staff to research this and report back.
14. Miscellaneous/Correspondence
A. Questions or comments from Councilmembers: Osmek reported on the efforts
being made by David Greenslit to collect $150 from the City after the insurance
adjuster found the City not responsible for a broken window. Mr. Greenslit is invited
to get on the City Council agenda and discuss this matter directly with the Council.
6. Report: Finance Department -May 2005
C. Minutes: Westonka Healthy Community Collaborative
LMCD
15. Adiourn
-- MOTION by Brown, seconded by Specht to adjourn at 9:57 p.m. All voted in favor.
Motion carried.
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Attest: Bonnie Ritter, City Clerk
Mayor Pat eisel
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