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2002-04-09MOUND CITY COUNCIL MINUTES APRIL 9, 2002 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 9, 2002, at 7:30 p.m. in the council chambers of City Hall. Members Present: Acting Mayor Mark Hanus; Councilmembers Bob Brown, David Osmek and Peter Meyer. Members Absent: Mayor Pat Meisel Others Present: City Attorney, John Dean; City Manager, Kandis Hanson; City Clerk, Bonnie Ritter; Community Development Director, Sarah Smith; Parks Director, Jim Fackler; Philip Jensen, Mary Anderson; Jim Roberge, Ann Aberhart, Dan Wombacher, Jim & Debra Powers, John Anderson, Steve Swenson, Don Swenson. 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 Acting Mayor Hanus called the meeting to order at 7:32 p.m. and the Pledge of Allegiance was recited. 2. APPROVE AGENDA Hanus requested the addition of item 4A, a letter received from a Mound business. Hanson asked that this item be titled Mound Marketplace Update so that other items could be covered. Hanus agreed.' MOTION by Brown, seconded by Meyer to approve the agenda, with the addition of item 4A, Mound Marketplace Update. All voted in favor. Motion carried. 3. CONSENT AGENDA Hanus requested the removal of items B and D for discussion. removal of item A. Meyer requested MOTION by Brown, seconded by Osmek to approve the consent agenda with the exception of A, B and D. All voted in favor. Motion carried. A. (removed) B. (removed) C. Approve public gathering permit for Minnetonka Classic Bass Club for June 1, 2002, at Mound Bay Park Mound C~ Council Minute~ -Apdl g. 2002 D. (removed) E. RESOLUTION NO. 02-42: A RESOLUTION APPROVING A MINOR SUBDIVISION AND RELATED VARIANCES FOR THE PROPERTIES LOCATED AT 4770-4782 NORTHERN ROAD. P & Z CASE #02-01 and fK)2- 05. F. RESOLUTION NO. 02-43: A RESOLUTION ACCEPTING BID AND AWARDING THE CONTRACT FOR "IMPROVEMENT PROJECT 2002 (MOUND VISIONS 2"r~)'' 3A. APPROVAL QF MINUTES Meyer made a correction to the March 26th minutes. MOTION by Brown, seconded by Osmek to approve the minutes of the March 19"~ special meeting, and March 26~ regular meeting as amended. All voted in favor. Motion carried. 3B. APPROVAL OF CLAIMS Hanus questioned the payment to the League of $2875 for the Pollston, et al, lawsuit. City Manager Hanson stated that she believes this to be the deductible on the settlement paid by our League insurance. She will verify this. Hanus also questioned part of the phone bill, because it appears that there is some duplication of billing. Hanson will also check this out. MOTION by Hanus, seconded by Osmek to approve payment of claims in the amount of $210,663.99, subject to the two above concerns being verified as stated, and if not, they will be pulled from the bills to be paid and brought back to the Council. All voted in favor. Motion carried. 3D. SUBDIVISION AND VARIANCE - 1680 BLUEBIRD & 1677 CANARY- ROBERGE/SKINNER There was discussion, and changes made to the resolution that was presented in the packet. MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 02-44: RESOLUTION APPROVING A MINOR SUBDIVISION AND VARIANCE FOR THE PROPERTIES LOCATED AT 1680 BLUEBIRD LANE AND 1677 CANARY LANE, LOTS 8-17, BLOCK 14, DREAMWOOD. PID 13-117-24-21-0092 AND 13-117-24-12-0218. P & Z CASE #02-08 AND 02-09. 2 Mound Cl/y Council Mlnut# - AMI 9, 2002 4. COMMENTs AND SUGGEST,ION,~i FIRQM CITIZENS ON ANY ITEM NOT ON THE AGENDA. None were offered. 4A. MOUND MARKETPLACE UPDATE Acting Mayor Hanus read'a letter from Jubilee Foods, stating that they have entered into final lease negotiations with Mound Marketplace to be the grocery store there: Sarah Smith updated the Council on the residential phase of Village by the Bay, and Hanson informed the Council that MetroPlains would like the Council and Planning Commission to attend a get-together at the four-unit development. MOTION by Brown, seconded by Osmek to set the above referenced meeting for April 15, 2002, at 6:30 p.m. (prior to the Planning Commission meeting), with the alternate date set for April 16, 2002 at 6:30 p.m. All voted in favor. Motion carried. Hanson also notified the Council and the public that she and Sarah Smith will be at the Gillespie Center on Saturday, April 13, to make a presentation on behalf of the Historical Society. This presentation will include the Mound Marketplace, Village by the Bay, as well as other development projects currently under way in Mound. 5. HENNEPIN COUNTY 2002 ASSESSMENT UPDATE Phil Jensen, Hennepin County Appraiser, presented results of the latest appraiSal to the Council. He noted that the Open Book Meeting is May 1, 2002, from 4:00 p.m. to 8:00 p.m. in the Council Chambers. Any dtizens with questions regarding their County assessments are urged to attend this meeting. MOTION by Brown, seconded by Meyer .to accept the 2002 Assessment Report as presented. All voted in favor. Motion carried. 6. PUBLIC LANDS PERMIT- 1791 RESTHAVEN LANE - POWERS Sarah Smith noted that this item is continued from the March 12th meeting, and the issue is encroachment on public right-of-way of trees and a retaining wall. Two issues were raised at that meeting, being who should the City look to, the builder-or resident, regarding the encroachment, and what is the Species and expeCted size of the encroaching trees. City Attorney Dean indicated that if the City wants to deal with the encroachments, they must deal with the present property owners. Discussion followed regarding if the problem would really be solved by moving the trees, because they only have to be moved 1-2" to be in compliance. Meyer feels that because staff recommended denial, and the trees can be easily moved now, and there is no benefit to the public for having these trees on public land, they should be moved back onto private property where they belong. Hanus stated that if the trees are trimmed, which they would have to be if moved or not, they would not block the lake access, and they do serve a public benefit, being the creation of a buffer between the private and public property and they create a green buffer area. 3 Mound City Council Minute~- Aprl)9, 2002 MOTION by Brown, seconded by Osmek to accept the request to leave the trees as they are. Meyer stated that he feels a precedent is being set if the trees are allowed to stay as they are..The following voted in favor: Brown, Hanus, and osmek..The following voted against: Meyer. Motion carried. Discussion continued regarding the retaining wall, which is also an encroachment. MOTION by Brown, seconded by Osmek to leave the retaining wall as it presently constructed and have staff prepare a resolution addressing both the trees and retaining wall, containing provisions that the retaining wall, at that location, is subject to the city's right to insist on removal if later warranted. The following voted in favor: Brown, Hanus and Osmek. The following voted against: Meyer. Motion carried. The mentioned resolution will be prepared and brough! back to the Council for final consideration. City Attorney Dean addressed the property owner, statingthat approval of the City doesn't give them the right to keep the retaining wall there forever. If the property owner is in discussions with .the developer (who produced, the encroachment) regarding liability, he suggests these talks continue. 7. VARIANCE EXTENSION - 4865 ISLAND VIEW DRIVE*- SWENSON Sarah Smith reviewed the request, that on September 25,~ 2001, the Council approved a request for a setback variance to allow construction of.an addition to the home at 4865 Island View Drive. Due to the current economic climate, the Swensons are opting to undertake their renovation project in phases, doing internal remodeling first and the garage addition second. The variance extension-is to allow time to complete the garage. It was noted that the Planning Commission voted to recommend denial of the extension as the variance was not supported when it was previously reviewed by them in September. MOTION by Osmek, seconded by Meyer to approve the request for one-year vadance extension to Steve and Joann Swanson for the September 25, 2001 variance (Case #01-37) All voted in favor. Motion carried. 8. RESOLUTION OPPOSING PROPOSED MINNEHAHA*CREEK WATERSHED DISTRICT RULE M REVISION~ TO INCREASE/EXPAND BUFFER RE~UIREMENT~ Sarah Smith reviewed the proposed Minnehaha Creek Watershed District Rule M Revisions. Discussion followed regarding the proposed resolution and the Council suggested changes to the presented draft. 4 Mound City Counoil Minute~ - April 9, 2002 MOTION by Brown, seconded by Osniek to ad~tthe following resolution. Hanus asked to amend the motion, adding that the resolution also be forwarded to the County Board and to the DNR. Brown and Osmek accepted the amendment. Meyer quoted statements from the DNR Lakescapin,q for Wildlife and Water Quality manual, stating his reasons for opposing the subject resolution. MOTION by Brown and seconded by Osmek to call the question on the before stated motion. The following voted in favor: Brown and Osmek. The following voted against: Hanus and Meyer. Motion failed. Further discussion followed regarding the content of Rule M. Vote on the motion by Brown (second by Osmek) to adopt the following resolution was taken. The following voted in favor: Brown, Hanus and Osmek. The following voted against: Meyer. Motion carried. RESOLUTION NO. 02-45: A RESOLUTION OPPOSING THE PROPOSED AMENDMENTS TO MINNEHAHA CREEK WATERSHED DISTRICT (MCWD) RULE M TO EXPAND AND INCREASE THE MINIMUM BUFFER REQUIREMENTS 9. CENTRAL BUSINESS DISTRICT PARKING PROGRAM MOTION by Brown, seconded by Hanus to continue the Central Business District (CBD) Parking Program as is for one more year. All voted in favor. Motion carried. 10. 2002 LIFEGUARD PROGRAM & MUSIC IN THE PARK Jim Fackler reviewed the two programs, stating that the $5000 donation by the V.F.W. will be distributed as follows: $2,000 to Music in the Parks; $2000 to the Summer Recreation Scholarships; and $1000 yet to be determined. The monies donated by Peter Meyer's fundraiser will be distributed with $1,464.80 going to the Lifeguards for the July 4th weekend, and $366.20 going to the Gillespie Center. 11. TWO-WAY RADIO AND CELL PHONE USE Jim Fackler reviewed the proposed changes to the two-way radio and cell phone use within the departments of Public Works, Parks & Docks, Planning & Inspections, and City Hall. 12. CITY HALL SUMMER HOURS MOTION by Osmek, seconded by Brown to approve the City Hall summer hours (May 20th through August 30, as follows. All voted in favor. Motion carried. Monday - Thursday: 7:30 a.m. - 5:00 p.m. Friday: 7:30 a.m, - 11:30 a,m, 5 Mound City Council Minutes - April 9, 2002 13. COUNClLMEMBER MEYER ON UPCOMING COMMUNITY BEAUTIFICATION EVENT Meyer informed the public and Council.that he's going to spearhead a clean-up event of the Dakota rail right-of-way, on Saturday, April 20th, meeting at Scotty B's at 9:00 a.m. 14. INFORMATION/MISCELLANEOUS Ao B. C. D. E. F. G. H. I. J. K. L. M. N. N. AMM Fax News and Bill Tracking Report LMC Friday Fax LMC notice of Board of Directors Vacancies Thank you: City of Orono Thank you: LMCC Report: Cable and communications income and expenses Correspondence from Metropolitan Council LMC notice of availability of city fiscal profiles Notice of Lake Minnetonka Chamber scholarship to Collette Roberts Gillespie Center newsletter FYI: Liquor store articles proposal Report: Police Department - March 2002 Homeland Security Advisory System FAQs Report: Police Department- March, 2002 Homeland Security Advisory .System FAQ's 15. ADJOURN MOTION by Brown, seconded by Osmek to adjourn the meeting at 10:12 p.m. All voted in favor. Motion carried. Attest: Bonnie Rifler, City Clerk Acting May-'~r, l~v1~'rk Hanus 6