2006-11-28^
MOUND CITY COUNCIL MINUTES
NOVEMBER 28, 2006
The City Council of the City of Mound, Hennepin County, Minnesota, met in
regular session on Thursday, November 28, 2006, 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, Finance Director Gino Businaro,
Liquor Store Manager John Colotti, Justin McDonald, Joy Beers, tomas Amor,
Ray Salazard, Mike McDonald, Mark Hanus, 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 event the item will be removed from the Consenf 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
Sarah Smith requested the addition of Item 4C, Resolution on Minor Subdivision
at 2974 Oaklawn Avenue, and Item 4D, Ordinance Amending Section 330 of the
City Code as it Relates to Platting and Subdivision Regulations. Osmek
requested that Item 4 be separated into 4A(1) -November 14th minutes, and
4A(2) -November 21St minutes, with 4A(2) to be removed from the consent
agenda and put on the regular agenda.
MOTION by Osmek, seconded by Spect to approve the agenda as amended. All
voted in favor. Motion carried.
4. Consent Agenda
MOTION by Osmek, seconded by Specht to approve the consent agenda as
amended. Upon roll call vote, all voted in favor. Motion carried.
A(1). Approve minutes of the November 14, 2006 regular meeting
A(2). (removed)
B. Approve payment of claims in the amount of $521,876.93
C. RESOLUTION NO. 06-130: RESOLUTION REPEALING
RESOLUTION NO. 06-42 DATED MARCH 28, 2006 IN ITS ENTIRETY,
AND APPROVING A MINOR SUBDIVISION FOR THE PROPERTY
Mound City Council Minutes -November 28, 2006
LOCATED AT 2974 OAKLAWN LANE. P&Z CASE #06-03. PID #23-
117-24-31-0096.
D. ORDINANCE NO. 23-2006: AN ORDINANCE AMENDING SECTION
330 OF THE CITY CODE AS IT RELATES TO PLATTING AND
SUBDIVISION REGULATIONS
4A(2). Approve minutes
MOTION by Specht, seconded by Beise to approve the minutes of the November
21, 2006 special meeting. The following voted in favor: Specht, Beise and
Meisel. The following voted against: None. Brown and Osmek abstained as
they were absent from that meeting.
5. Comments and suggestions from citizens present on any item not on
the agenda.
Joy Beers, 4501 Wilshire Blvd., appeared before the Council to express concern
for her safety in her neighborhood. She has lived at that address for six years
and never called the police, but has called them more than ten times in the last
year. She has had a security system installed in her house. She feels she
tolerates a lot, but can't tolerate unleashed pets. Noisy cats and dogs have been
a constant disturbance to her and she has been unsuccessful in attempting to
rectify this problem directly with the neighbors. The Police Department has been
helpful, but now there is retaliation going on. One neighbor entered her house
uninvited and told her she needed to move out of the neighborhood. She told
him she was going to call the police when he refused to leave her house, and
then he verbally abused her, cursing at her and her friend, etc. Charges were
filed and she started feeling safe until a recent incident over Thanksgiving. Now
she feels unsafe again, and feels that the passive approach taken by the Police
Department needs to be more aggressive. She asked the Council what they
suggest that she do. It was recommended that she call Police Chief Kurtz to get
direction as to how she should react to this harassment. Hanson will also talk to
Kurtz about this situation and follow up with Ms. Beers.
Justin McDonald from Boy Scout Troup 571, working on a Citizenship in the
Community Merit Badge, informed the Council that he is in attendance to
observe and make a report on the meeting.
6. Public Hearing
State of the Liquor Store Report
Liquor Store Manager John Colotti gave a brief history of the liquor store since he
has been manager. He reviewed the present financials and proposed financials.
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Mound City Council Minutes -November 28, 2006
Mayor Meisel opened the public hearing at 8:04 p.m., and upon nearing no public
comment, closed the public hearing at 8:05 p.m.
MOTION by Osmek, seconded by Specht to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 06-131: RESOLUTION REGARDING CONTINUATION OF
MUNICIPAL LIQUOR STORE
7. Action on resolution ordering abatement of conditions creating a
hazardous property at 4807 Longford Road
Sarah Smith reviewed the history leading to the present condition of the house
located at 4807 Longford Road. It suffered extensive fire damage that occurred
in 2003 and has not bee repaired, razed or removed. The Planning and Building
Inspection Departments have deemed the house to be a hazardous structure
under Minnesota Statutes 463.15, Subd. 5 and are requesting that the City
Council authorize an order to abate the hazardous conditions.
Smith noted the handout that added Paragraph 4 to the proposed resolution,
which states that the resolution becomes null and void in the event the property
owner signs a Consent Agreement for Voluntary Abatement and is approved by
the City Council as allowed by Minnesota Statutes Section 463.151.
Beise stated reservation about adding Paragraph 4 as noted above because the
owner has already had opportunity to clean up the property and this paragraph
just gives him more time and if he doesn't do it, we'll be going down this same
path at a later time. Smith explained that the difference between a mandatory
abatement which would be ordered by the Council, is that this property owner, if
they sign it, is waiving the requirements by the statute. The city will order the
project, manage the project, etc.
John Dean explained that basically the voluntary abatement, if it works, is the
easiest way to do this. The other process is to go to court, get orders, etc., and
will take longer than the voluntary abatement. So if there is any chance to do a
voluntary abatement it is the better way to go. He suggested adding another
sentence to Item 4, being: The suspension of enforcement shall remain in effect
as long as the property owner is diligently pursing abatement under the
agreement.
Specht asked if there were any liens on this property. Smith stated she believes
it is free and clear.
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Mound City Council Minutes -November 28, 2006
Osmek asked if it would make sense to add a timeline to the resolution, to say
that the voluntary abatement is onl~ good for a certain period of time. John Dean
stated that a date of December 12t was verbally stated and should be
incorporated into the resolution also.
John Dean recapped the proposed changes to the presented resolution as:
Item 4. Enforcement of this resolution shall be suspended in the event the
property owner signs a Consent Agreement for Voluntary Abatement and such
agreement is approved by the City Council not later than December 12, 2006, as
allowed by Minnesota Statutes 463.151. The suspension shall remain in effect
so long as the property owner is diligently proceeding with abatement activities
pursuant to terms of the Agreement.
MOTION by Osmek, seconded by Brown to approve the following resolution as
amended with the addition of Item 4 stated above. All voted in favor. Motion
carried.
RESOLUTION NO. 06-132: RESOLUTION ORDERING THE ABATEMENT OF
CONDITIONS CREATING A HAZARDOUS PROEPRTY AT 4807 LONGFORD
ROAD
8. Miscellaneous/Corresaondence
A. Comments/reports from Councilmembers
B. Reports
C. Correspondence: LMCC Calendar
9. Adjourn
MOTION by Brown, seconded by Osmek to adjourn at 8:25 p.m. All voted in
favor. Motion carried.
Attest: Bonnie Ritter, City Clerk
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Mayor Pat Meisel
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