Loading...
2001-03-13MOUND CITY COUNCIL MINUTES MARCH 13, 2001 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 13, 2001, at 7:30 p.m. in the Council Chambers at 5341 Maywood Road, in said City. Councilmembers Present: Mayor Meisel, Councilmembers Bob Brown, Mark Hanus, Kim Anderson and Peter Meyer. Others Present: City Attorney, John Dean; City Manager, Kandis Hanson; Acting City Clerk, Bonnie Ritter; City Engineer, John Cameron; Park Director, Jim Fackler; Dan Parks, MFRA; Greg Nybeck and Burt Foster, LMCD; Bill and Dorothy Neeka, Sarah Vanderwall, Jeanette Bennyhoff, Woody Love, Bruce and Patti Dodds, Liz Jensen, Gabriel Jabbour, Lorrie Ham, Peter Johnson, Andrea Ahrens, Edith Travers. *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of 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. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Meisel called the meeting to order at 7:32 p.m., and the Pledge of Allegiance was recited. 2. APPROVE AGENDA AND CONSENT AGENDA Brown requested that item 3A and 3D be pulled from the consent agenda. Meyer requested that explanation of why the Feb. 8, 2001, Parks resolution wasn't forwarded to Council either on February 28th, or March 13th, be added Mia~dte~l(Yda:l a discussion of the Longpre building tenants to the HRA agenda, that meeting being in continuation. MOTION by Hanus, seconded by Brown, to approve the agenda and consent agenda as amended. All voted in favor. Motion carried. A. Approval of Minutes: February 27, 2001 Special Meeting B. Approval of Claims in the amount of $177,325.29. C. Set Public Hearings: Mound City Council - March 13, 2001 RESOLUTION NO. 01-26: RESOLUTION CALLING FOR A PUBLIC HEARING BY THE CITY COUNCIL ON THE PROPOSED ADOPTION OF THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND THE PROPOSED MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 1-1. RESOLUTION NO. 01-27: RESOLUTION CALLING PUBLIC HEARING FOR PROPOSED INCREASES IN LIQUOR LICENSE FEES. APPROVAL OF MINUTES After discussion, it was moved by Brown, seconded by Hanus to approve the minutes of the regular February 27, 2001, Council meeting. All voted in favor. Motion carried. 3D. CBDG FUNDING FOR WESTONKA COMMUNI'rY ACTION NETWORK (WeCAN) Brown indicated that from the information supplied, it appears that approximately 70% of their budget goes for keeping the doors open, salaries, benefits, and other equipment, and only 30% goes to the affected people. Hanus also needs to see the numbers laid out more in sense of direct benefit to the people vs. expenses. Director Edith Travers explained that the audited statement shows that 13% is salaries and operating expenses (general expenses), and 87% goes to program services. MOTION by Meyer to approve the resolution, changing the NOW THEREFORE BE IT RESOLVED, to read that the City Council recommends; 1)that the CDBG funding of the Westonka Community Action Network be continued, and 2)that $1,000 be contributed from the City of Mound. Motion died for lack of a second. Brown and Hanus reiterated that the figures they are looking at are deceiving and want to see the audited .statement~ showing that 87% goes to program services. When asked if delaying action on this item would affect WeCAN, Edith Travers stated that her proposal had to be submitted by March 9th, so it's already sent in, but she thinks it's important that the City Council recognize and understand that the program is doing a great deal with very little money and providing a lot of service for people of Mound. MOTION by Hanus, seconded by Anderson to delay action on this resolution until WECAN provides an audited budget, plus any other pertinent information, for Council review. Liz Jensen, member of the Board of WeCAN, came forward and stated that the audited figures, do in fact, show 87% going Mound City Council- March 13, 2001 to actual program services. Those voting in favor: Brown, Hanus, Anderson, Meisel. Voting against: Meyer: Motion carried. 4. COMMENTS AMD SUGGESTIONS FROM PUBLIC There were no comments offered. Sa. SURFACE WATER MANAGEMENT PLAN AND RELATED MATTERS Dan Parks, MFRA, presented the Surface Water Management Plan Update to the Council. He informed Council that the MCWD Board of Managers is meeting on March 22, and the City's' SWMP is on their agenda. They are also holding a public hearing on April 5th on new wetland buffer rules. MOTION by Brown, seconded by Anderson to accept the recommendation of Mr. Parks, being; 1) changing the current SWMP to read reauirin~3 wetland buffers, and 2) to accept the average buffer widths rather than minimum widths, with adding a provision for variances for buffers. Ayes: Brown, Anderson, Meisel. Nayes: Hanus and Meyer. 5b. RESTRICTIONS ON USE AND SALE OF PHOSPHOROUS LAWN FERTILIZERS. Woody Love, Mayor of Shorewood, addressed the Council on the issue of the City's involvement on restricting use and sale of phosphorous lawn fertilizers. He asked for a resolution as statement of the City's support. Bruce Dodds, of Mound True Value Hardware, addressed the Council as a retailer of fertilizers. He stated that he believes in the need to get rid of phosphorous, but feels it is a State issue, not a City issue. If Mound bans the sale of these fertilizers, residents will just go to a neighboring City to buy them. He does a great business in fertilizers, and has substantial inventory right now, for the Spring business. MOTION by Brown, seconded by Hanus that the City of Mound go on record as supporting the efforts of the City of Shorewood, seeking legislation this session that will restrict the sale of phosphorous fertilizers, with such legislation not going into effect earlier than August, 2002. All voted in favor. Motion carried. Mayor Meisel called a recess at 9:29 p.m., and the meeting reconvened at 9:40 p.m. The Mayor announced that the agenda is being rearranged and the Council will go into executive session for consideration of Polston, et al, law suit. This session should last about twenty minutes. The City Council meeting was reconvened at 10:07 p.m. Mound City Council - March 13, 2001 EXECUTIVE SESSION City Attorney, John Dean summarized the executive session, stating that the purpose of said session was to update and receive information from the attorney representing the City in connection with the lawsuit against the City as it relates to the MetroPlains Development. Both the HRA and City Council received concurrent reports from the representative of the League of Minnesota Cities regarding this litigation. 6a. LMCD AND DOCK PROGRAM MATTERS Burt Foster of the LMCD, outlined the proposal to increase Hennepin County Sheriff's Water Patrol presence on Lake Minnetonka for the 2001 boating season. This proposal is for two full-time Deputies for five months, with a two- year commitment. Cost for the proposal is $100,000 per year, with Hennepin County contributing 50%, LMCD Member Cities 30%, and LMCD "Save the Lake" fund 20%. Mound's portion as a member city would be $2297. Gabriel Jabbour addressed the Council, expressing his support of this proposal. Hanus stated that it would be foolish: to:support a program where private funds have already been dedicated. MOTION by Meyer, seconded by Brown to adopt a resolution supporting the proposal as presented by the LMCD, along with approve of the $2297 expenditure. ~ Hanus expressed concern about where the funds will come from, along with his feeling that adding volunteers, rather than paid officers, will increase the Patrol's visibility on the lake. Mr. Foster'indicated that if the City gives commitment for $4600 over 2 years, the details of working out the funding (budget-wise) could be worked out at a later date. Meyer stated that he would amend his motion to that affect and Brown rescinded his second to the motion. MOTION by Hanus, seconded by Meisel that the City Council support the LCMD's program and desire to increase visibility of the Water Patrol on the lake, to better the experience on the lake, providing that the funding is provided by it's traditional and lawful, normal sources for which that enforcement is normally provided. Ayes: Hanus, Meisel, Anderson and Meyer. Nayes: Brown. Motion carried. ~ MOTION by Meyer, seconded by Anderson that the City of Mound support the LMCD with complete funding for the two year project, with details for payment to be worked out at a later date. Ayes: Meyer, Anderson, Brown. Nayes: Meisel and Hanus. Motion carried. Mound City Counci! - March 13, 2001 MOTION by Brown to reconsider. Motion died for lack of a second. Sb, SHORELINE SURVEY Mr. Foster clarified that the LMCD is not requiring a shoreline survey. City Engineer John Cameron presented the Council with an estimate of $14,000 (not including field verifications), for the ,shoreline survey map (for accurate determination of boat storage units for dock program). It was also noted that field verifications would have to be performed after the data was received. MOTION by Meisel, seconded by Brown to approve the $14,000 plus verification fees, to do maps of the entire City's lakeshore, with funding to come from the Docks fund, and reimbursement back to the Docks fund from Planning and Zoning, based on lineage. This reimbursement will take place within the 2002 or 2003 budget year~ Foregoing motion is contingent upon LMCD's approval of this plan, as well. All voted in favor. Motion carried. 6c. LMCD BUDGET AND LICENSE FEES Burt Foster of the LMCD, gave the Council an overview of how the LMCD is organized and what services are provided to the City of Mound. He also described how the license fees paid to the LMCD are used. No action was required by Council on this.item. ~, The City Council recessed at 12:02 a.m., and reconvened at 12:15 a.m. Mayor Meisel left the meeting at this time and Acting Mayor Hanus presided. 6d. RIP-RAPPING OF COMMONS AREAS Park Director, Jim Fackler, presented quotes for the proposed rip-rapping in various areas of the Commons, the ten year plan that included 13,173 lineal feet, and this year's quote for approXimately 800 feet. The lowest quote received was from Concept Landscaping, Inc., for $46,958. MOTION by Meyer, seconded by Anderson to approve the expenditure of $46,958 for rip-rapping as presented. Hanus wished to delay action until he had a chance to review these sites. Fackler stated that time is of the essence, because the quote will not be good after today, and it's easier to do the work now before the ice is out and people are putting in their docks. Also the erosion in these areas is extreme and should be taken care of now. Ayes: Meyer, Anderson, Brown. Nayes: Hanus. Motion carried. 7a. YOUTH ADVISORY COMMISSION Councilmember Meyer, the Parks Commission rep, stated that there has been a move in the community to create a Youth Advisory Commission. The Parks Commission wanted to forward this item to the Council for their input and recommendations. Mound City Council - March 13, 2001 MOTION by Brown, seconded by Hanus to table this item until more information is obtained. Ayes: Brown, Hanus, Anderson. Nayes: Meyer. Motion carried. 7b. SET SPECIAL MEETING'WITH PLANNING COMMISSION AND PARKS AND OPEN SPACE COMMISSION REGARDING APPOINTMENTS AND PROCEDURES MOTION by Brown, seconded by Hanus to table this item until after the appointment process is complete on the Parks Commission. Ayes: Brown, Anderson, Hanus. Nayes: Meyer~ Motion carried. PARK COMMISSION RESOLUTION REGARDING APPOINTMENTS TO ADVISORY COMMISSIONS Councilmember Meyer questioned why the resolution passed by the Parks Commission on February 8, 2001, has never been forwarded to the Council. City Manager Hanson stated that a Council directive was received to have committees complete their processes before policy will be reconsidered. Meyer requested that the entire resolution in question be included in these Council Minutes. It is as follows: PARK COMMISSION RESOLUTION REGARDING APPOINTMENTS TO ADVISORY COMMISSIONS WHEREAS, prior to January 23, 2001, City CoUncil Resolution No. 89-139 (adopted on October 24, 1989) clearly stated that a 'vacancy? on a city advisory commission "...occurs when a term expires and the commissioner holding that term does not desire, reappointment' or 'when a commissioner resigns his/her position prior to the term expiring"; WHEREAS, from October 24, 1989 to January 23, 2001, the City of Mound advisory commissions and the Mound City Council have consistently foll~owed the language of Resolution 89-139 in so far as they conducted completive interviews of prospective candidates only when a 'vacancy' existed, as legally defined; . WHEREAS, on January 23, 2001, the Mound City Attorney agreed with the legal interpretation of 'vacancy', as defined above; WHEREAS, the current Mound City Code already allows advisory commissioners to be removed by a 4/5 vote of the City Council, therebY alleviating any potential problem with "dead wood" or 'lifetime appointments"; WHEREAS, late in the evening on January 23, 2001, the Mound City Council voted 3-2 to substantially change Resolution 89-139, whereby a 'vacancy' occurs on a city advisory commission when the commissioner's term expires, thus requiring every sitting commissioner to compete with other candidates for reappointment to his/her seat at the expiration of his/her term; WHEREAS, the proposed change in the definition of 'vacancy' (adopted by the City Council on January 23, 2001) was no_.~t contained in the City Council "packet", whereby Mound citizens (other than John Beise, Tom Casey, and perhaps one other audience member) had no opportunity to consider and provide comments to the specifi(~ pro ~posed change; Mound City Council - March 13, 2001 WHEREAS, the proposed chan0e in the delinition of"vacancy" (adopted by the City Council on January 29, 2001) was not submitted to any of the advisory commissions for their review and recommendation; VVHEREAS, the NEGATIVE RESULTS of the change in the definition of 'vacancy' in Resolution 89- 139 are: 1. reappointments are subject to political retaliation (e.g. Bill Dading, 1996 candidate for Mayor) 2. a city council can change the majodty of advisory commissioners within 13 months (assuming 3-year staggered terms); 3. 'institutional long-term memory" and the opportunity to educate new commissioners (and new city council members) will be lost by more rapid turnover of commissioners; 4. more rapid turnover may also result in the discontinuity of programs; 5. natural attrition of advisory commissioners is already high, at least for the Park Commission and Open Space Advisory Commission; 6. a commissioner's decision is more likely to. be affected by whether the majodty of the City Council agrees with the decision; and 7. the City of Mound has reverted to the "Spoils System" alter any city election (i.e. "political" appointments are awarded to supporters). NOW THEREFORE, BE IT RESOLVED that the City of Mound Park and Open Space Advisory Commission recommends: 1. That the definition of "vacanCy" in Resolution 89-139 be restored to the definition which existed pdor to January 23, 2001; 2. That a copy of this resolution be fonNarded immediately to other city advisory commissions for their recommendations and to the Mound City Council for its review and adoption; and 3. That, until paragraph 2 above can be completed, no intewiews or decisions pertaining to advisory commissioners seeking reap ~pointment shall occur. The foregoing resolution was moved by Casey and seconded by Meyer. The following commissioners voted in the affirmative: Casey, Domholt, Hentz, and Meyer. The following commissions voted in the negative: Beise. Dated: February 8, 2001. I NFORMATIONIMISCELLANEOUS A. LMC Friday Fax~ B. Westonka Schools communication C. LMCD communication D. Report on City Hall structural investigation E. Thanks from Lake Minnetonka Area Chamber of Commerce F. Met Council planning and budget breakfast meetings G. Article: 2000 IACP Awards Presented during the 107th Conference H. Westonka SeniOr Center newsletter I. Westonka Farmers' market minutes: November 22, 2000 Annual Mound City Council - March 13, 2001 J. Finance Reports: January, 2001 K. Update on bonding needs and discussion ADJOURNMENT MOTION by Brown, seconded by Hanus to adjourn at 12:43 a.m. favor. Motion carried. All voted in Attest: Acting City Clerk Mayor Pat Meisel