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2002-03-26MOUND CITY COUNCIL MINUTES MARCH 26, 2002 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 26, 2002, at 7:30 p.m. in the council chambers of City Hall. 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 Rifler; Community Development Director, Sarah Smith; City Planner, Loren Gordon; Frank Weiland, Julie Weisenhorn, Jim Garkack, Vince Forstek, Bruce McKeeman, Paul Bergquist, Bill Jensen, Elsie Beadle, Kathy & Bob Goodfellow, Kraig Kaiser, Bill Jenson, Sally Koenecke, Todd Landon 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 MEETING The meeting was called to order by Mayor Meisel at 7:30 p.m. and the Pledge of Allegiance was recited. 2. APPROVE AGENDA Meyer requested the addition of item 12C, his report on fund raising for the lifeguard program and Sr. Citizens. MOTION by Brown, seconded by Osmek to approve the agenda as amended with the addition of item 12C. Hanus commented that he supports changes in the agenda but that items should be put on at the appropriate time so that supporting material can be included in the agenda packets. All voted in favor of the motion. Motion carried. 3. CONSENT AGENDA MOTION by Hanus, seconded by Brown to approve the consent agenda. vote, all voted in favor. Motion carried. Upon roll call A. Approve minutes of March 12, 2002 regular meeting B. Approve payment of claims in the amount of $214,506.29. Mound City Council Minute~ - March 26, 2002 4. COMMENTS AND SU~GESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA Vince Forstek commented on an article from The Laker that he previously quoted from at a Council meeting. He presented a copy of the survey to the Council in attempt to clarify his point about how the survey results were presented to the public. The survey was in regards to the proposed public safety facility. He also thanked the Council for requesting the return of unused funds from the Water Patrol, for additional lake patrol last summer. Bruce McKeeman updated the Council on the actions of residents of Dreamwood Addition, with reference to the dock program. $. PUBLIC HEARING - STORM WATER MANAGEMENT PLAN I ZONING AMEMDMENT$ Sarah Smith explained that the initial hearing was held on February 12th, continued to March 12th, when it was continued to this evening. The public hearing is for review of the City Code amendments which are associated with the Surface Water Management Plan (SWMP) in light of the unknown status of the proposed MCWD Rule M which, if approved, would increase and expand the wetland buffer standards. Lengthy discussion followed with regards to the pros and cons of amending our ordinances. The public hearing was reopened at 8:26 p.m. Mayor Meisel asked for comments from the public, and after hearing none, closed the hearing at 8:27 p.m. MOTION by Brown, seconded by Meisel to pass the following ordinances. Those voting in favor: Brown, Meisel and Meyer. Those voting against: Hanus and Osmek. Motion carried. ORDINANCE NO. 05-2002: AN ORDINANCE AMENDING SECTION 300 OF THE CITY CODE AS IT RELATES TO THE BUILDING CODE ORDINANCE NO. 06-2002: AN ORDINANCE AMENDING SECTION 350 OF THE CITY CODE AS IT RELATES TO THE ZONING ORDINANCE. ORDINANCE NO.'07.2002: AN ORDINANCE ADDING SECTION 375 - GRADING, SOIL EROSION, SEDIMENTATION CONTROL AND STORMWATER MANAGEMENT, TO THE CITY CODE. Brown requested that a resolution be drafted, that indicates strong opposition to any increase in the buffer zones, and that this resolution be directed to the Watershed District. City Attorney Dean will draft a resolution, asking for input from Council for its' content. 2 Mound City Council - March 26, 2002 6. SUBDIVISION / VARIANCE APPLICATION,- 4770-4782 NORTHERN ROAD - BERG(~UIST I LOGELIN ON BEHALF OF CAUUND, LLC Loren Gordon reviewed the request from Paul Bergquist and Dave Logeiin on behalf of Caiiund LLC for a minor subdivision and variances in order to redevelop three properties at 4770-4782 Northern Road in order to create two larger lots. The Planning Commission recommended approval of this request by a 3-2 vote. MOTION by Brown, seconded bY Hanus to adopt the following resolution. Meyer stated that he is in favor of the upgrade but is concerned with the buildings being in the "no- touch, no-build" zone of the DNR, and can't vote in favor of this unless it can be conforming. The following voted in favor. Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. RESOLUTION NO. 02-41: A RESOLUTION APPROVING A MINOR SUBDIVISION AND RELATED VARIANCES FOR THE PROPERTIES LOCATED AT 4770-4782 NORTHERN ROAD. P 8, Z CASE #02.01 AND #02-05. 7. DISCUSSION WITH REPRESENTATIVES FROM MEDIACOM AND LAKE MINNETONKA CABLE COMMISSION Sally Koenecke of the Lake Minnetonka Cable Commission answered questions of the Council regarding its operation, and use of its facilities. Brown questioned why the Council meetings can't be broadcast live, and was told that to do this they would have to take place at the studio. Bill Jenson, Regional Manager of Mediacom, gave a presentation on the usage of the company's services in the City of Mound. Discussion followed regarding complaints that the Council has received regarding Mediacom's service. Jenson assured that he would look into these complaints and how they were handled. He suggested holding an open house at City Hall, where residents could talk directly to Mediacom representatives about their concerns. 8. AGREEMENT TO PURCHASE LAND FROM BALBOA CENTER Kandis Hanson reviewed the content of the proposed purchase agreement. The property (Lots 23-28, Koehlers Addition) would be used for public utilities of three different types, CSAH 15 realignment, as well as parking for Public Works. This property currently houses a vacant duplex owned by Xcel Energy. MOTION by Brown, seconded by Osmek to approve the purchase agreement for Lots 23 through 28, Koehlers Addition to the City of Mound, for a total purchase price of $170,000.00. All voted in favor. Motion carried. 3 Mound City Council Mirtute~ - Mamh 26, 2002 9. AGREEMENT WITH BALBOA CENTER LIMITED PARTNERSHIP City Attorney Dean explained that in 1999 the City of Mound facilitated a $148,000 loan to American Coating Technology II (ACT II) with grant funds received from the State. The City borrowed the funds from the State and immediately loaned them to ACT II. The loan was secured by three pieces of equipment. Act II paid a total of $8,690.00 on the loan before defaulting. Pursuant to the settlement, Balboa Investments (where ACT II was a tenant) will buy the equipment for a total of $12,000, and both parties will be released from any further liability. The $12,000 payment from Balboa Investments, along with the $8,690.00 previously paid to the City by ACT II, will be paid over by the City to the State. The State has agreed that, upon receipt of this payment it will terminate the grant agreement and any further liability of the City. 'Dean recommends approval of this agreement. MOTION by Brown, seconded by Meyer to approve the purchase agreement between Balboa Center Limited Partnership and the City, as presented. In discussion, it was noted that this loan was State money, and not City funds. All voted in favor. Motion carried. Mayor Meisel called for a recess at 9:55 p.m., and the meeting reconvened at 10:05 p.m. 10. SCHOOL DISTRICT RE(~UEST FOR PEDESTRIAN SAFETY MEASURES City Manager Hanson indicated that the City received a letter from the School District requesting striped crosswalks on the intersections of Maywood and Wilshire, as well as Bartlett and Wilshire Boulevards. Also requested are flashing lights during school crossing hours, stating a lower speed limit during those hours. Included in the request is a four-way stop at Maywood and Wilshire. Brown questioned why the school hasn't implemented a school crossing guard program, and was informed that they anticipate this in the Fall of 2002. After further discussion, Hanson was directed to correspond with the School District, as well as Hennepin County, regarding crosswalk striping. The Council feels that the four- way stop sign is not necessary because of the clear visibility from both ends of the intersections mentioned. Hanus indicated that the cost for this project should be shared 50~50 by the City and School District. 11. CITIZEN SUGGESTIONS FOR PUBLIC BEAUTIFICATION Counciirnember Meyer introduced a beautification program for the downtown area that included nine items. He would like to request that residents of Mound and City staff provide ideas and/or concepts for beautification in the downtown area. Hanus indicated that he would like to see the "Mound Visions" concept drawings affixed to the downtown buildings in lieu of the plywood. Brown and Sarah Smith r, ommented that this was one 4 Mound City Council Minutes - March 26, 2002 of the options suggested by the Planning Commission to improve the aesthetics and overall appearance of the downtown buildings. t2A. LIQUOR ~TORE ANNUAL REPORT Joel Krumm presented an overview of his annual report, which is on file in the City Clerk's office. Mayor Meisel stated that she is glad to see that the liquor store is operating at full staff. MOTION by Brown, seconded by. Hanus to accept the 2001 Annual Report of the Mound Liquor Store. All voted in favor~ Motion carried. 12B. PARK~ DEPARTMENT ANNUAL REPORT Jim Fackler presented an overview of his annual report, which is on file in the City Clerk's office. MOTION by Brown, seconded by Hanus to accept the 2001 Annual Report of the Parks Department. All voted in favor. Motion carried. 12C. LIFEGUARD / SR. CITIZENS FUNDRAISER Councilmember Meyer reported that approximately $1800 was raised for the lifeguard/Sr. Center program during the recent fundraiser campaign that he initiated. Brown expressed concern about providing only partial funding for the lifeguard program. Meyer indicated that he thought that funds would cover a couple of the busiest week- ends. City Manager Hanson indicated that the programming has already been set and that the lifeguard assignment would be posted during the 4th of July holiday weekend and reminded the Council that programming for summer recreation is handled by the school district. 13. INFORMATION/MISCELLANEOUS A. AMM Fax news and Bill Tracking Report B. LMC Friday Fax C. Correspondence: LMCD D. Correspondence: Westonka School District E. Just for Fun: Commons rules, found in a residential out house F. Newsletter: Ramstad Reports G. Outsome of Biegler vs. City of Mound and Hennepin County H. Report: Spring and Fall Clean-up Days I. Report: Status of Langdon Lane sewer improvements J. Minutes: Zero Gravity Skate Park meeting - March 6, 2002 K. Newsletter: Mn Chamber of Commerce L. Correspondence: Westonka Healthy Community Collaborative M. Notices: Charitable Gambling contributions to the City of Mound 5 N. FYI: InfOrmation related to Fire Station project - Councilmember Brown provided supplemental information, that he had contacted the City of Lakeville, who is financing their new facility via lease/purchase. Brown further commented that the new Long Lake fire station came in at about $122/sq. ft. O. Communications Law Update P. LMCC April schedule 14. ADJOURN MOTION by Brown, seconded by Meisel to adjourn at, 10:55 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor, Pat Meisel 6