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2001-07-10MOUND CITY COUNCIL MINUTES JULY 10, 2001 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 10, 2001, at 7:30 p.m. in the council chambers at 5341 Maywood Road, in said City. Councilmembers Present: Mayor Pat Meisel, Councilmembers Bob Brown, Mark Hanus, Kim Anderson and Peter Meyer. Others Present: City Manager, Kandis Hanson, Acting City Clerk, Bonnie Ritter; City Attorney, John Dean; City Planner, Bruce Chamberlain; Jim Prosser of Ehlers & Associates; Michael Mueller, Lorrie Ham, Michael Piepkorn, Bill and Dorothy Netka. 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 Consent Agenda and considered in normal sequence. 1. OPEN MEETNG AND PLEDGE OF ALLEGIANCE Mayor Meisel called the meeting to order at 7:35 p.m. and the Pledge of Allegiance was recited. 2. APPROVE AGENDA, WITH ANY AMENDMENTS City Manager Hanson requested to remove item #10 with reference to the fishing dock program and replace it with 10A, proposed watering ban ordinance, along with approval of watering ban. She also requested to add 4A, City Manager's Report. Meyer requested discussion of Item 12M. MOTION by Hanus, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 3. CONSENT AGENDA MOTION by Brown, seconded by Hanus to approve the consent agenda. in favor. Motion carried. All voted A. Approval of Minutes: June 26, 2001 regular meeting; June 27, 2001 special meeting at 6:00 p.m.; June 27, 2001 special meeting at 7:00 p.m.; June 28, 201 special meeting. B. Approve payment of claims in the amount of $246,516.43 Pass Ordinance No. 05-2001: Ordinance Amending Sections 260:00 and 260:10 of the City Code Relating to the Economic Development Commission. D. Set date for dedication of Don Scherven Memorial Park for August 11, 2001. Mound City Council Minutes July 10, 2001 4, COMMENTS & SUGGESTIONS FROM CITIZENS Michael Mueller of Mueller-Lansing Properties stated that his father received a letter from the City Finance Director, informing them that the CBD Parking Program is no longer in effect and expired June 30, 2001. He stated that he found it disconcerting when the Public Works people recently pounded parking signs into a private parking lot. He feels that the council should reinstate the CBD Program until the development is completed, since the City is utilizing the lot and has signs on private property at this time. He asked who gave the City the right to put signage up on private property if the CBD program is gone. Mayor Meisel informed him that there is a hearing scheduled for October and the program will be retroactive, if that is what is determined. 4A. CITY MANAGER'S REPORT Hanson announced that Sarah Smith has been secured as the Community Development Director and will being the week of July 30th. She comes with years of experience from the City of Watertown and Wayzata. 5. MOUND LIQUOR STORE UPDATE Jim Prosser reported on the status of the liquor store and a need for developing Plan B. The initial plan was to locate the liquor store in the MetroPlains Development. That development has been delayed and as a result there hasn't been any investment in the building design aspects yet. Prosser believes that there is still time to pursue that, and suggests reviewing the status on a month-to-month basis. He feels there is time to allow the MetroPlains issue to be resolved, and this is the best location for the liquor store from a marketing standpoint. Discussions are ongoing with the present landlord for lease extensions. Prosser will include the liquor store in the weekly update that he provides the City. Meyer is concerned that with the MetroPlains case not going to court until October, a contingency plan should be in place. 6. COOPERATIVE AGREEMENT WITH MINNEHAHA WATERSHED DISTRICT MOTION by Brown, seconded by Anderson to approve the cooperative agreement with the Minnehaha Watershed District. Discussion followed with Hanus stating that the entire scenario has changed since they first looked at it. Variances and minor repairs will take longer if this is adopted. The only advantage to this agreement is if the Council wants to be stricter than the Watershed District, and if not, we're only hurting our residents and spending money unnecessarily. The Mayor stated that it was her understanding from when Dan Parks was before the Council, that only new developments and subdivisions would be affected. Hanus stated that this agreement is different than what originally presented. After further discussion, Brown withdrew his motion. 2 Mound City Council Minutes July 10, 2001 MOTION by Brown, seconded by Hanus to tabl& this item until the first meeting in August, to get Sara Smith's input on how the City of Wayzata has reacted to this agreement. Ayes: Brown, Hanus, Meisel and Anderson. Nayes: Meyer. Motion carried. 7. ACTION ON ORDINANCE AMENDING SECTION 350:505 OF THE CITY CODE RELATING TO ADMINISTRATION OF THE ZONING CODE. MOTION by Hanus, seconded by Brown to refer this proposed ordinance to the Planning Commission for their review and recommendation. All voted in favor. Motion carried. 8, ETHICS GUIDELINES City Manager Hanson explained that the proposed change is basically deleting the requirement for Boards and Commissions to fill out the Financial Disclosure Statement. Hanus stated that it was his perception that the disclosure was being done away with for elected officials also. Meyer feels that it is important to keep some form of disclosure intact for the Council. He thinks this is a common practice and should the Council should be measured on a little higher standard than the general public. After further discussion, there was a MOTION by Brown, seconded by Hanus to table this item until the City Attorney can further investigate the legality of gathering the information asked for on the Financial Disclosure Statement. Ayes: Brown, Hanus, Meisel and Meyer. Nayes: Anderson. Motion carried. 9. POLICY ON APPOINTMENTS AND REAPPOINTMENTS TO ADVISORY COMMISSIONS Discussion took place regarding the appointment and reappointment process, including what questions can be asked at candidate interviews. John Dean suggested that Department Heads meet with the Commission members before the interview process, to determine what questions should be asked, and what procedure should be followed. Meyer suggested going back to the procedure that was used before this January 1st. The interview process can be coordinated between the Chair and the Department Head, and there is no need for the Council or Legal to get involved. 10. Removed 10A. WATERING BAN City Manager Kandis Hanson informed the council that she and the Public Works Superintendent have determined that with the heat and watering going on, a water ban is needed to stop depletion of the water supply. MOTION by Brown, seconded by Meyer to adopt the following resolution. All voted in favor. Motion carried. 3 Mound City Council Minutes July 10, 2001 RESOLUTION NO. 01-58: RESOLUTION DECLARING WATER SHORTAGE IN THE CITY OF MOUND. Hanson also presented an ordinance to the Council that, because of time constraints, would put authority to declare a water shortage or water pressure emergency into the hands of the City Manager and Public Works Superintendent. MOTION by Meyer, seconded by Hanus to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 04-2001: AN ORDINANCE AMENDING SECTION 610:55 OF THE CITY CODE RELATING TO DECLARATION OF WATER SHORTAGE OR WATER PRESSURE EMERGENCY. 11. DOCK PROGRAM FEES WORKSHOP The Council will hold a dock program fees workshop on July 17, 2001, at 7:00 p.m. 12. INFORMATION/MISCELLANEOUS A. LMC correspondence B. AMM Fax News C. LMCD communications D. Police Department Report: June, 2001 E. Reports: Coordinated pool CBDG Program F. Fire Commission minutes G. FYI: 2001 Elected Officials Salary Survey H. Mediacom newsletter I. Report: 2001 Water Patrol participation J. Report: May, 2001, Recycling Day K. CompSource newsletter by Riley, Dettmann & Kelsey L. Report: 2001 Zoning Activity M. FYI: Request of Refund of Moving Permit Fee Meyer is requesting that the $100 fee for moving the warming house from Haddorf Field to Grandview be refunded to the Hockey Association. It was the consensus not to waive this fee, lest a precedent be set. 13. ADJOURNMENT MOTION by Brown, seconded by Hanus to adjourn at 9:05 p.m. All voted in favor. Motion carried. Attest: Acting City Clerk 4 Mayor Pat Meisel