2002-01-08MOUND CITY COUNCIL MINUTES
JANUARY 8, 2002
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, January 8, 2002, 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, David Osmek and Peter Meyer.
Others Present: City Attorney, John Dean; City Manager, Kandis Hanson; City Clerk,
Bonnie Ritter; Community Development Director, Sarah Smith; City Engineer, John
Cameron; Finance Director, Gino Businaro; Orv Burma, Frank and Betty Weiland, Mary
Sherman, Julie Weisenborn, Bruce McKeeman, Kelly and John Anderson, Lorrie Ham,
Erin Wombacher.
1. OPEN MEETING
Mayor Meisel called the meeting to order at 7:57 p.m. and the Pledge of Allegiance was
recited. Mayor Meisel apologized to the public for the late start of the Council meeting.
The HRA meeting held previously ran late.
2. APPROVE AGENDA
City Manager Hanson requested the addition of item 9A, appointments to boards and
commissions. Mayor Meisel also requested item 13 be placed after item 8. Brown
requested the addition of 12A, commercial dock fees.
MOTION by Hanus, seconded by Brown to approve the agenda as amended. All voted
in favor. Motion carded.
3. CONSENT AGENDA
Mayor Meisel requested the removal of 3D from the consent agenda.
MOTION by Brown seconded by Osmek to approve the consent agenda as amended.
Upon roll call vote, all voted in favor. Motion carried.
A. Approve Minutes of the December 10, 2001 special meeting and the December
11, 2001 regular meeting.
B. Approve payment of claims in the amount of $471,230.63.
C. RESOLUTION NO. 02-01: RESOLUTION APPOINTING GINO BUSlNARO,
FINANCE DIRECTOR, ACTING CITY MANAGER FOR 2002.
D. (removed)
E. RESOLUTION NO. 02-02: RESOLUTION APPROVING THE PURCHASE OF
AT LEAST A $20,000 BOND FOR THE CITY CLERK
F. RESOLUTION NO. 02-03: RESOLUTION APPROVING THE PURCHASE OF
AT LEAST A $20,000 BOND FOR THE CITY TREASURER/FINANCE
DIRECTOR
Mound City Council Minut~ - January 8, 2002
G. RESOLUTION NO. 02-04: RESOLUTION DESIGNATING THE OFFICIAL
DEPOSITORIES FOR 2002
H. RESOLUTION NO. 02-05: RESOLUTION APPOINTING COUNCILMEMBER
MARK HANUS AS ACTING MAYOR FOR 2002
I. RESOLUTION NO. 02-06: RESOLUTION APPOINTING JIM FACKLER AS
ASSISTANT WEED INSPECTOR FOR 2002
J. Approval of tree removal license for Tree Top Service, Inc., Delano, MN, to
expire on March 31, 2002.
3D. MOTION by Brown, seconded by Osmek to adopt the following resolution. The
following voted in the affirmative: Brown, Hanus, Osmek and Meyer. The following
voted in the negative: None. Mayor Meisel abstained from voting due to the fact that
The Laker is a tenant in a building that she owns. Motion carried.
RESOLUTION NO. 02-07: RESOLUTION DESIGNATING THE LAKER AS THE
OFFICIAL NEWSPAPER FOR 2002
4. COMMENTS AND SUGGESTIONS FROM ClTIZEN~ PRESENT ON ANY ITEM
NOT ON THI~ AGENDA
Bruce McKeeman, 1744 Avocet Lane, approached the council expressing appreciation
for the work the City has done in managing the dock program.
Frank Weiland, 6045 Aspen Lane, informed the Council of the death of former Mound
Mayor, Leighton Lindlan.
John Anderson, 1733 Gull Lane, commented on discussions that the Dreamwood
residents have had regarding the commons issue.
5. METROPLAINS DEVELOPMENT SUBDIVISION AGREEMENT
Sarah Smith reviewed the subdivision agreement, stating that it is the sister agreement
to the one approved by the HRA earlier in the evening.
Meyer expressed concern over funding of the playground equipment and was informed
that that amount will be assessed in total against MetroPlains. He also questioned the
absence of a sewer trunk area charge. MOTION by Meyer to add $1500/unit Sewer
Trunk Area Charge to the agreement. Motion died for lack of a second. It was
explained to Meyer thet the reason for the sewer trunk area charge not being included,
is that this charge was already paid by a previous owner of the property. Meyer stated
that he doesn't feel it fair to not charge MetroPlains for this sewer trunk area charge
when it's on the agenda for later tonight to add this charge to our fee schedule.
MOTION by Brown, seconded by Osmek to approve the Subdivision Agreement Mound
Visions 2nd Addition Subdivision, with MetroPlains. The following voted in the
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Mound Cily Council Minut# - ~mnumry 8, 2002
affirmative: Brown, Hanus, IVleisel ana'0~i~ i'Ve following voted in the negative:
Meyer. Motion carried. ,
6A. ACTION ON ORDINANCE AMENDING SECTION 600 OF THE CITY CODE AS IT
RELATES TO THE SANITARY SEWER SYSTEM
Sarah Smith reviewed the proposed ordinance..
MOTION b~, Osmek0 seconded by Hanus to pass the following ordinance. The following
voted in the affirmative: Brown, Hanus, Meisel and Osmek. The following voted in the
negative: Meyer. Motion carried.
ORDINANCE NO. 01-2002:
AN ORDINANCE AMENDING SECTION 600 OF THE
CITY CODE AS IT RELATES TO THE SANITARY
SEWER SYSTEM
6B. ACTION ON ORDINANCE AMENDING SECTION 610 OF,THE CITY CODE AS IT
RELATES TO THE WAT,ER DEPARTMENT
MOTION. by Brown, seconded by Meyer to pass the following ordinance. All voted in
favor. Motion carried.
ORDINANCE NO. 02-2002: AN ORDINANCE AMENDING SECTION 610 OF THE
CITY CODE AS IT RELATES TO THE WATER
DEPARTMENT.
6C. ACTION ADOPTING FEE SCHEDULE
MOTION by Brown, seconded by Hanus to adopt the fo.!lowing resolution. Ail voted in
favor. Motion carried.
RESOLUTION NO. 02-0,8: RESOLUTION ADOPTING FEE SCHEDULE
7. PUBLIC LANDS PERMIT SUBMITTED BY JOHN ANDERSON, 1733 GULL LANE
Sarah Smith reviewed the request, with comments following by City Engineer, John
Cameron.
This request is to undertake grading activities Within the Gull Lane right-of-wa~; and
Wiota Commons so that drainage in and around the lower level garage area can be
appropriately diverted away from the existing home. The applicant indicated that the
property is subject to flooding problems due to improper drainage. The Docks and
Commons Commission has recommended approval of the application.
Lengthy discussion followed regarding the warrants of removing the existing asphalt,
grading, and replacing with asphalt, or replacing with soft surface. Also discussion took
place as to the exact placement of the correction and who is fiscally responsible for this
improvement.
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Mary Sherman expressed concern regar, ding the restoration activities and the use of
sod and. landscaping materials as it may negatively affect her ability to r~aneuver' her
vehicle and horse trailer which are often stored at her 506.5 Wren Road prope,rty.
MOTION by Brown, seconded by Hanus, to' have the City replace the tempqrary paich
that was pl~ced,on Gull Lane, with a permanent asphalt repair to .extend from the
existing manhole to the Commons line, with asphalt to continue to the garage apron at
1733 Gull Lane. After discussion, Brown withdrew his motion.
With Anderson owning this property less than a year, Osmek asked if the drainage
problem was disclosed by the seller of the property, and Anderson stated that it hadn't
been disclosed.
MOTION by Brown, seconded by Osmek to repair Gull Lane according to the City
Engineer's recommendation, extending the repair to the garage apron of the property at
1733 Gull Lane. Meyer offered as an amendment, that Mr. Anderson be responsible for
113 of the cost of this improvement. Brown refused the amendment, stating that he
feels the City caused the problem with previous patch not being done as it should, ahd
all but about 2' of the area in question is city property. The following voted in the
affirmative on the foregoing motion: Brown, Hanus, Meisel and Osmek. The following
voted in the negative: Meyer. Motion carried.
MOTION by Hanus, seconded by Osmek to adopt the following resolqtion. All voted in
favor. Motion carried.
RESOLUTION NO. 02-09:
RESOLUTION DENYING A PUBLIC LANDS PERMIT FOR
JOHN ANDERSON AT 1733 GULL LANE, LOT 9, BLOCK
14, DREAMWOOD, WIOTA COMMONS
8. APPOINTMENT TO LMCD, INCLUDING CANDIDATE INTERVIEW
Orr Burma appeared before the Council as applicant to the Lake Minnetonka
Conservation District (LMCD) Board of Directors.
Mayor Meisel asked that Burma recognize that this is a liaison position, expressing the
thoughts of the City and City Council. She asked if he would be willing, should he be
appointed, to report to the Council on a quarterly basis, unless there is a hot item that
needs to be reported before that. Hanus also expressed that this is not a commission
appointment where personal opinions are looked for. This person represents the
Council and their positions. Mr. Burma stated he made this application for one reason,
being to offer his services to the City in the capacity asked for. He understands the
position and will execute it to the best of his ability.
MOTION by Meyer, seconded by Brown to adopt the following resolution. All voted in
favor. Motion carded.
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city ~# Minut.~- January
RESOLUTION "O; 02-'10: REsoLU~i~'X~INTING ORVIN BURMA TO THE
LAKE MINNETONKA CONSERVATION DISTRICT
(LMCD) BOARD OF DIRECTORS.
-insert item 13 as requested during agenda approval-
At 10:15 the Council entered into Executive Session to consider' clientJattomey
privileged information.
13. EXECUTIVE SESSION TO DISCUSS LETTER FROM MARC SIMPSON
RE(~ARDIN(~ POTENTIAL LITI(~ATION ON DREAMW00D COMMON~
The Council returned from Executive Session and City Attorney John Dean explained
that this matter involved discussion regarding a letter received from the attorney of
abutting property owners in Dreamwood Addition, which is attorney/client privileged
information.
9. APPOINTMENT OF COUNCILMEMBERS TO VARIOUS BOARD AND
COMMISSIONS
MOTION by Hanus, seconded by Brown to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 02-11: RESOLUTION APPOINTING MARK HANUS TO THE
DOCKS AND COMMON~ COMMISSION, BOB BROWN
TO THE PLANNING COMMISSION AND DAVID OSMEK
TO THE PARKS AND OPEN SPACE COMMISSION.
gA. APPOINTMENTS TO BOARDS AND COMMISSIONS
MOTION by Brown, seconded by Hanus to re-appoint John Beise and Norm Domholt to
the Parks and Open Space Commission as recommended'by the POSAC, and to re-
appoint Jim Funk and Greg Eurich to the Docks and Commissions Commission as
recommended by the DCAC. All voted in favor. Motion carried.
MOTION by Hanus, seconded by Osmek to re-appoint Frank Weiland, Michael Mueller,
and Geoff Michael to the Planning Commission, as recommended by the Planning
Commission. All voted in favor. Motion carded
10. LABOR CONTRACT BETWEEN THE CITY OF MOUND AND LELS LOCAL 35
Osmek questioned the proposed change under "Discipline". The proposed language
states that at the request of the employee, all oral or written reprimands will be removed
from their personnel file after 18 months..., with exceptions as stated in State law. City
Manager Hanson explained that the Minnesota Data Practices Act would be taken
under consideration in this case.
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Mound City Council Idinut~ - January 8, 2(~2
MOTION by Brown, seconded 'by Meyer to adopt the following resolution, The following
voted in the. affirmative: Brown, Hanus, Meisel and'Meyer. The following voted in the
negative: Osmek. Motion carried.
RESOLUTION NO. 02-12;. RESOLUTION*APPR0~ING THE LABOR CONTRACT
BETWEEN THE CITY OF MOUND AND LAW
ENFORCEMENT LABOR SERVICES (LELS) LOCAL 35,
POLICE SERGEANTS, FOR THE PERIOD OF JANUARY
1, 2002 THROUGH DECEMBER 31, 2003.
11. LABOR CONTRACT BETWEEN THE CITY OF MOUND AND LOCAL 320
MOTION by Brown, seconded by Meyer to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 02-13:
RESOLUTION APPROVING THE LABOR CONTRACT
BETWEEN THE CITY OF MOUND AND MINNESOTA
TEAMSTERS PUBLIC AND LAW ENFORCEMENT
EMPLOYEES' UNION, LOCAL NO. 320.
12. DISCUSSION ON LIFEGUARD AND SENIOR CENTER FI, INDRAISER, AS
PROPOSED BY PETER MEYER
Meyer explained to the Council that because of there not being funds designated in the
2002 budget for the lifeguard program or the senior citizens, he is planning a fundraise~.
This fundraiser involves him sleeping in an unheated tent for the rest of January and all
of February, or until $40,000 is raised, whichever comes first. He is proposing that
$32,000 of these funds go to the lifeguard program, with the balance of $8,000 going as
a donation to the senior citizens. Of each dollar contributed, .80 will go to the lifeguard
program, and .20 to the seniors. He is seeking approval on having the City act as the
fiscal agent until all monies are collected and disseminated. Meyer stated that he
realizes that this is a crazy idea to raise money, but he feels strongly about doing it, and
already has $1,000 pledged.
Osmek informed the Council that he and Councilmember Brown met with the VFW and
they have donated $5,0~ toward the lifeguard program already. They also plan on
meeting with the Lions and the American Legion for donations. Osmek received a
report from the school on peak times that our beaches are used and feels that $15,000
to $16,000 will cover lifeguards for those peak times. Osmek continued by expressing
concern over the City's liability if they sanction Meyer's fundraiser and something should
physically, happen to Meyer. Meyer expressed he is willing to take full responsibility for
his own welfare.
Staff will check what the City's liability would be for Meyer's proposal. Meisel stated her
concern over the liability, but has no problem with the proposal if there is no chance for
legal recourse.
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Mound ¢~ ¢oun~lainute~ - January 80 2002
12A. COMMERCIAL DOCK FEES
Brown stated that he has been informed that Seahorse Condos received a notice on
their upcoming commercial dock fees, but that these are privately held docks. City
Manager Hanson will look into this and report at a later meeting.
13. (rearranged on agenda - after item 8)
14. INFORMATION/MISCELLANEOUS
A. AMM Fax News
B. Fdday Fax
C. LMCD correspondence
D. Westonka Healthy Community Collaborative annual report & request
Meyer asked if this had to be addressed and Hanson informed him that
because the Skate Park is on City property, it is already assumed that the
City act as fiscal agent.
E. Articles: re Rail line
F. Westonka Public Schools news
G. Letter & Gillespie Gazette newsletter
H. Article & letter: Minnesota Municipal Beverage Association on municipal
liquor operations
I. Letter: City of theVillage of Minnetonka Beach
J. Letter: Hennepin parks
K. Finance Report: November 20(01
L. FYI: 2001 Property Tax Rankings
M. LMA Newsletter
N. Letter: Office of the Sheriff
O. Letter: Lake Minnetonka Communications Commission
P. 2002 Legislative Priorities of the MN chamber of Commerce
Q. Letter: Metropolitan Council
R. Report: 2001 Community Ed/Park & Rec Program
15. ADJOURN
MOTION by Brown, seconded by Osmek to adjourn at 11:22 p.m.
Motion carried.
All voted in favor.
Attest: Bonnie Ritter, City Clerk
~ayor Pat Meisel (