2005-07-26
MOUND CITY COUNCIL MINUTES
JULY 26, 2005
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, July 26, 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, Community
Development Director Sarah Smith, City Planner Rita Trapp, Don Jones, Jen Lievers,
Tim Johnson, Steve Lievers, Shirley Hawks, Todd Hovren, Mark Hanus, Rod Plaza,
Ginny Plaza, Hugh Bishop, Steve Bedell, and various members of law enforcement,
their family and friends.
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
MOTION by Osmek, seconded by Beise to approve the agenda. All voted in favor.
Motion carried.
4. Consent Agenda
MOTION by Beise, seconded by Specht to approve the consent agenda. Upon roll call
vote, all voted in favor. Motion carried.
A. Approve minutes of July 12, 2005
B. Approve payment of claims in the amount of $351,282.18.
C. Planning Commission Recommendations
1. RESOLUTION NO. 05-108: A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF MOUND APPROVING A MINOR SUBDIVISION AND
VARIANCES FOR THE PROPERTIES LOCATED AT 4552 AND 4568
DENBIGH ROAD. P&Z CASE #05-28 AND 05-23: PID #19-117-23-24-0048
AND 19-117-23-24-0011.
2. Approve appointment of Orv Burma to the Planning Commission for the
duration of the vacant term which expires on December 31, 2005.
Mound City Council Minutes -July 26, 2005
D. RESOLUTION NO. 05-109: RESOLUTION ACCEPTING A TRANSIT
ORIENTED DEVELOPMENT (TOD) GRANT FROM HENNEPIN COUNTY AND
APPROVING COOPERATIVE AGREEMENT
E. RESOLUTION NO. 05-110: RESOLUTION ACCEPTING A CONTAMINATION
CLEANUP GRANT FROM THE DEPARTMENT OF EMPLOYMENT AND
ECONOMIC DEVELOPMENT AND APPROVING PROGRAM GRANT
AGREEMENT -PROJECT NO. CCGP-05-0012-Z-FY05
F. ORDINANCE NO. 12-2005: AN ORDINANCE AMENDING CITY CODE
CHAPTER 375 AS IT RELATES TO GRADING, SOIL EROSION,
SEDIMENTATION CONTROL AND STORMWATER MANAGEMENT
G. Set special budget meeting for August 30, 2005 at 6:30 p.m.
5. Comments and suggestions from citizens present on any item not on the
agenda. None were offered.
6. Swearing in of Canine Officer
Kandis Hanson administered the Oath of Office to the Police Department's Canine
Reagan. Chief Kurtz presented the Canine Medal to Officer Brad Schoenherr.
7. Police Commendations
'-' Chief Kurtz reviewed the incident of June 2, 2005, when three home invasion burglaries
occurred where people were awakened from their sleep and physically assaulted. A
six-hour manhunt ensured in and around the neighborhoods of Langdon Lake. The
suspect was successfully taken into custody without further incident and charged with
three counts of First Degree Burglary.
Chief Kurtz presented plaques of appreciation to Hennepin County Dispatch Lt. Brian
Tollin and Lisa Schreier, Hennepin County Patrol Division represented by Deputy Bob
Fischer, Minnetrista Officer Eric Pike and Reserve Officer Joel Thompson, West
Hennepin Public Safety Officer Tim Maass, and New Hope K-9 Officer Andrew Lamers.
Chief Kurtz then presented Mound Police Department Medals of Merit to Officer Will
Murray, Reserve Officer Eric Graham, Lt. John McKinley, Detective Dan Niccum, and
Administrative Assistant Jeanne DeBord.
8. Action authorizina staff to aroceed with assessment of aoals from Goal
Setting Retreat
Kandis Hanson stated that this is the time to consider these goals, because some of
them need funds included in the budget for 2006. She also reviewed the process that
occurred to reach the top five goals, which are: (1) Re-codification of the City Code; (2)
Update/replacement of Public Works and Parks Buildings; (3) Addition of Rental
Property Code; (4) Define next-up redevelopment; (5) Update Comprehensive Plan.
2
Mound City Council Minutes -July 26, 2005
MOTION by Osmek, seconded by Brown to approve the memo by City Manager Kandis
Hanson dated July 21, 2005 regarding the top five goals defined at the retreat. All voted
in favor. Motion carried.
9. Planning Commission Recommendations
A. Case #05-41 Variance for fence -Steven Lievers. 5115 Bartlett Blvd - PC
Recommendation: Denial
Sarah Smith reviewed the application to allow construction of a six foot wood
fence along the property line abutting Bartlett Blvd. The City Code states a fence
in this location cannot exceed four feet in height.
Steve Lievers stated there is a 15 foot difference in elevation from the street to
his front door, and therefore a 4 foot fence would not be high enough to
accomplish security and privacy.
Osmek suggested the planting of arborvitae, which would provide even more
privacy than a six foot fence. He also suggested some berming and putting the
four foot fence on top of that.
MOTION by Brown, seconded by Osmek to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 05-111: A RESOLUTION DENYING A VARIANCE FOR A
SIX (6) FOOT FRONT YARD FENCE AT 5115 BARTLETT BOULEVARD,
MOUND, MINNESOTA. P&Z CASE #05-41. PID #24-117-24-12-0011
B. Case #05-40 -Variance for lakeside deck/porch replacement with new solarium
Becky Anderson, 3106 Priest Lane
Sarah Smith reviewed the application requesting approval of variances to replace
an existing deck/porch on the lake side of her home. The proposed project
would also include a solarium to be constructed in a portion of the upper deck.
Staff supports the variance, but the Planning Commission recommended denial.
Osmek stated that this is not the first time a deck has been converted to a three-
season porch in anon-conforming location, nor the first time that a three season
porch has encroached inside a 50 foot buffer. The footprint is not changing
in this instance, only the use is changing on a portion of the deck. The Planning
Commission would not have had a problem with the variance if the solarium was
not included.
3
Mound City Council Minutes -July 26, 2005
MOTION by Osmek seconded by Beise to prepare a resolution of approval on
this case, including finding of facts on hardship, being unusual lot shape, lake
encroachment inside the lot irons, and also that this does not increase the
footprint of the structure as it exists today, and that there is no increase in
hardcover for this property. All voted in favor. Motion carried.
This resolution will be on the next council agenda.
C. Case #05-42 and 05-43 -Minor Subdivision/Variance(s) -Two lots: Randy
Schneewind and Brian Teeters, 4539 Island View Drive
Rita Trapp reviewed the application for a minor subdivision and two variances.
The Planning Commission recommended denial on a 6-2 vote. They felt that
there were too many variances required and there was not hardship
demonstrated. Staff recommended approval with noted findings of fact.
Tim Johnson, 4547 Island View Drive, appeared before the Council with some
pictures that illustrated draining issues that he has regarding drainage in the
area. Osmek stated that the drainage would be addressed to protect the
neighbors when and if there is approval. Sarah Smith stated that the detailed
grading and drainage comes when the building permits come in and they are
highly scrutinized at that time. The issue now is the splitting of the property.
Steve Bedell, 5459 Bartlett Blvd., stated he is speaking from experience, and
that these issues are addressed at building permit time.
MOTION by Osmek, seconded by Beise to approve the subdivision as platted as
well as the 40' frontage variance for both lots, the 10' side yard variance, with
findings of fact being unusual trapezoid shape of the lot, that there is reduction of
the lakeside 50' buffer encroachment that exists, which is a benefit to the City,
there is a driveway that will be removed from public right of way, and original
platting shows one property already with insufficient street side frontage. All
voted in favor. Motion carried.
A resolution will be prepared to reflect the above and will appear on the consent
agenda of the next council meeting agenda.
C. Review and Approval of Revision(s) to City of Mound Requirements and
Foundation As-Built Survey.
Sarah Smith is requesting additions to the requirements and added a foundation
survey requirement to the building permit process. Beise expressed concern
stating that he thinks that this should already be addressed when the foundation
footings are inspected and signed off on, and thus a second survey should not be
needed.
4
Mound City Council Minutes -July 26, 2005
Smith stated that this added procedure is really to protect the homeowner. It will
assure that the setbacks are met and eliminate the issue of after-the-fact
variances.
Osmek would like to have a tolerance threshold included in the policy, for stance,
if you are outside 5' from each of the setbacks, this policy doesn't apply to you.
Meisel suggested leaving it is as now and have Sarah talk with the rest of City
Staff for their opinion.
MOTION by Osmek, seconded by Brown to table this for staff review, to be
placed on the next Council agenda. All voted in favor. Motion carried.
10. Miscellaneous/Correspondence
A. Questions and comments from Councilmembers:
Brown stated he received an email from Tom Rockvam stating that Patty
Andrews, one of the Andrews Sisters, lived where the present Gillespie
Center is. Placement of a historical plaque was suggested. Kandis stated
that it was suggested that a Heritage Festival be added to Mound's
festivals, where notable people are recognized, along with the heritage of
Mound.
Meisel received a call from a resident asking that the 10% late fee on the
utility bills be reconsidered. No action to change the current policy was
taken.
B. Report: 2005 Spring Clean-up
Mound Police Department
C. Minutes: Fire Commission meeting, June 20, 2005
D. Newsletter: LMCD
11. Adjourn
MOTION by Osmek, seconded by Specht to adjourn at 9:45 p.m. All voted in favor.
Motion carried.
~c..c ~L~f~( ~
Attest: Bonnie Ritter, City Clerk
ayor Pat Meisel
5