2002-05-28MOUND CITY COUNCIL MINUTES
MAY 28, 2002
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, May 28, 2002, at 7:30 p.m. in the council chambers of City Hall.
Members present: Mayor Pat Meisel; Councilmembers Bob Brown, Mark Hanus, David
Osmek and Peter Meyer.
Others Present: City Attorney, John Dean; Acting City Manager, Gino Businaro; City
Clerk, Bonnie Ritter, Community Development Director, Sarah Smith; Police Chief, Len
Harrell; Fire Chief, Greg Pederson; City Planner, Loren Gordon; City Engineer, John
Cameron; John McKinley, Roy Peterson, Scott Hodges, John & Kathy Aquilina, Paul
Glynn, John Olson, Karl Weisenhorn, Kathryn Hanna, Michael Reichert, Greg & Kathy
Fall, Karl Yeager, Ann Eberhart, Sue Cathers, Pat Wallin, Jan Trapp, Wendy Schur,
Mary McKinley, Orv Burma, Keith Foerster, Todd Warner
Consent Agenda: Afl 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
Mayor Meisel called the meeting to order at 8:03 p.m. and the Pledge of Allegiance was
recited.
2. APPROVE AGENDA
Meyer requested the addition of an item under #18, being a beautification project.
Brown requested to remove that item because all of the projects presented by Meyer
have already been approved. Mayor Meisel requested that item 16 be removed,
because this item will be placed on a later agenda. She also stated that item 6B should
read School Resource Officer.
MOTION by Brown, seconded by Hanus to approve the agenda as amended. The
following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted
against; Meyer. Motion carried.
3. CONSENT AGENDA
Hanus requested that item 3C be pulled from the consent agenda for discussion.
MOTION by Hanus, seconded by Osmek to approve the consent agenda as amended.
Upon roll call vote taken, all voted in favor. Motion carried.
B.
C.
D.
Approve minutes of the May 14, 2002 meeting.
Approve payment of claims in the amount of $379,602.27.
(removed)
RESOLUTION NO. 02-61: RESOLUTION TO APPROVE A PUBLIC LANDS
PERMIT FOR KEITH AND LAURIE FOERSTER AT 4645 ISLAND VIEW
DRIVE, LOT 13 AND THE SOUTH 1/2 OF LOT 12, BLOCK 1, DEVON,
HENNEPIN COUNTY, DEVON COMMONS.
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Mound City Council - May 28, 2002
3C. Case #02-14 - Olson - 2060 Waterside Lane - Lakeside deck
Hanus presented a question on the wording of the draft resolution regarding if the
structure should be significantly damaged, it is not the intent to automatically grant
another variance.
MOTION by Osmek, seconded by Brown to adopt the following resolution as amended.
All voted in favor. Motion carried.
RESOLUTION NO. 02-62:
RESOLUTION TO APPROVE A FRONT SETBACK
VARIANCE TO CONSTRUCT A LAKESIDE DECK FOR
THE PROPERTY LOCATED AT 2060 WATERSIDE LANE
P & Z CASE #02-14, PID #13-117-24-33-0041.
4. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM
NOT ON THE AGENDA
Peter Meyer announced that there is a load of black dirt at the end of Maywood Road,
that has been donated for use in the downtown and park planter boxes and to freshen
up front yard flower gardens. He thanked those who donated their time to plant and
tend the mini-gardens.
5. PUBLIC HEARING - CUP Request by Matt La Joy and Ken Custer
The Council has been advised that the Planning Commission tabled the subject
application to its next meeting to obtain an opinion from the City Attorney regarding
status of previous conditional use permits, and request that the Council continue the
hearing until June 11.
Mayor Meisel opened the public hearing at 8:12 p.m. and asked for public comment.
MOTION by Hanus, seconded by Brown to continue this public hearing until June 11,
2002. All voted in favor. Motion carried.
POLICE CHIEF LEN HARRELL
A. Congratulations on Police Chief's Award - Mayor Meisel informed the Council
that she attended an awards ceremony with Chief Harrell, where he was honored
with the "Richard W. Schaller Award", for distinguished contributions he has
made to the law enforcement profession, both in his community and throughout
the entire State of Minnesota. All congratulated the Chief.
B. School Resource Officer- Chief Harrell explained the funding of the School
Resource Officer (SRO). The City received notification of a grant of $125,000
over three years. The grant requires that the City maintain the costs of the
additional officer after the grant funds have expired.
Notice to Retire Submitted by Police Chief- Mayor Meisel announced the receipt
of the intent to retire submitted by Chief Len Harrell, effective June 30, 2002.
This letter was accepted with deep regret and great appreciation.
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Mound City Council - May 28, 2002
7. DESIGN STUDY FOR NEW WELL & APPROVAL OF WELLHEAD PROTECTION
PLAN
City Engineer, John Cameron, explained that the City has two wells that need to be
replaced and received a proposal from an outside firm to perform the investigation
needed to determine where the well will best be placed to take care of the flows and to
take care of the wellhead protection plan, which has to be done whenever a new well is
installed.
MOTION by Hanus, seconded by Brown to approve the May 7, 2002, proposal
submitted by Emmons & Olivier Resources to John Cameron, and to authorize the City
Manager to enter into a contract in accordance with said proposal. All voted in favor.
Motion carried.
8. RESOLUTION INITIATING PROCESS FOR ADOPTION OF REDEVELOPMENT
PROJECT AREA AND CALLING FOR PUBLIC HEARING
MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 02-63:
RESOLUTION INITIATING PROCESS FOR APPROVAL
OF REDEVELOPMENT PROJECT AREA AND CALLING
A PUBLIC HEARING
9. BALBOA LAND PURCHASE
MOTION by Meyer, seconded by Hanus to enter into the option agreement, as
presented, with Balboa Center Limited Partnership, for land needed for the city's
redevelopment. Purchase price for the subject parcel is $185,000. All voted in favor.
Motion carried.
10. WESTERN AREA FIRE TRAINING ACADEMY (WAFTA)
John Dean gave a status report to the Council, stating that Mound would not face
additional liability as sponsor of the grant application for the training site clean-up.
Approval to act as sponsor was give by Council on May 14, 2002.
11. PLANNING COMMISSION CASE - #02-11: JOHN & KATHY AQUILINA
Loren Gordon gave history of this case, stating'that the Planning Commission reviewed
it at their May 6, 2002 regular meeting at which time they recommended denial of a
variance request for an existing deck. The Planning Commission agreed with the staff's
recommendation for denial to approve based on the findings of fact supplied in the
proposed resolution.
Discussion followed between the Council, the applicant and neighboring property
owners.
MOTION by Meyer to adopt the proposed resolution, denying the variance request.
Motion died for lack of a second.
After lengthy discussion, there was a MOTION by Hanus, seconded by Osmek to refer
this case back to the Planning Commission, and request clarification and determination
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by staff of the setback requirements and ideas on possible redesign of the structure to
eliminate or reduce the amount of variance needed. Staff will also initiate a 60-day
extension on this variance application. All voted in favor. Motion carried.
12. DOCKS AND COMMONS
A. Action on Homeowner's Associations As they Relate To The Commercial Dock
Ordinance - Councilmember Brown stepped down during discussion of this item due
to a possible perceived conflict of interest. City Attorney Dean will review the current
ordinance to make sure it is in line with the Council's intention regarding licensing of
commercial docks. Councilmember Brown returned to his seat on the Council.
B. Amendinq the 2002 Dock Location Map - MOTION by Osmek, seconded by Brown
to amend the 2002 Dock Location Map to re-establish SWC sites 40550K and
40550L as permanent sites, leaving sites 40550G and 40550H as temporary. All
voted in favor. Motion carried.
13. NAMING OF PARKS FORM
The presented form will appear in the City's next newsletter. This form asks for
suggestions from citizens regarding naming of parks in the MetroPlains and Rottlund
developments. Following previously stated guidelines and criteria for naming of parks
will be adhered to.
14. PRESENTATIONS TO THE COUNCIL
A. Orv Burma on lakescapin.q test site - Orv Burma explaining the proposed test
site for planting along the shoreline at Avalon Park, as presented to the LMCD.
MOTION by Brown, seconded by Hanus to refer this back to the Parks
Commission for their consideration. All voted in favor. Motion carried.
B. Le.qacy Foundation - Michael Reichert presented the concept of the Legacy
Foundation to the Council. One of their goals is to bridge the fourteen lake cities
and to recognize the history of Lake Minnetonka.
C. Todd Warner on bringing the Minnehaha to Mound - Todd Warner informed the
Council that the Minnesota Transportation Museum operates the Minnehaha
Steamboat which tours Lake Minnetonka. It is proposed to construct a pier at
Mound Bay Park that would accommodate this boat, making it possible to add
Mound to their scheduled tours and stops. Warner also requested that the City
of Mound set up an escrow account to accept donations for construction of said
pier. Discussion followed regarding the perceived pros and cons of such a pier.
A neighboring resident spoke with reference to the parking problem already
present in that area, and expressed concern over increasing the traffic flow
without additional parking.
MOTION by Hanus, seconded by Osmek to direct staff to work with Mr. Warner
to develop a dock plan sufficient to make application to the LMCD, notice in the
paper that this topic will be discussed at the next Council meeting, and approve
that the City act as fiscal agent to accept donations for this project. The following
voted in favor: Hanus, Meisel, Osmek and Meyer. The following voted against;
Brown. Motion carried.
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Mound City Council - May 28, 2002
15. AUDITOR PRESENTING THE COMPREHENSIVE ANNUAL FINANCIAL
REPORT FOR YEAR ENDING DECEMBER 31 ~ 2002.
Representatives from Abdo, Eick & Meyers, LLP, presented the Comprehensive Annual
Financial Report for the year ended December 31,2001, along with their management
letter.
MOTION by Brown, seconded by Osmek to acknowledge receipt of the Comprehensive
Annual Financial Report for the Year Ended December 31, 2001, and management
letter from Abdo, Eick & Meyers, LLP, dated April 4, 2002. All voted in favor. Motion
carried.
16. (removed)
17. ANNUAL REPORTS
Fire Chief, Greg Pederson, presented the Fire Department Annual Report for 2001,
which is on file in the office of the City Clerk.
18. INFORMATION/MISCELLANEOUS
Ao
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
O.
P.
Q.
AMM Fax News
LMC Friday Fax
LMCD correspondence
Westonka School District News
LMCC June 2002 schedule
Hennepin County Assessor's 2002 Open Book results
Report: Finance, April 2002
Phosphorous update
Met Council newsletter
FYI: Memo on rail corridor
Letter and response on Mound City Days
Minutes: Planning Commission - May 6, 2002
Minutes: Park & Open Space Commission - April 11, 2002 (correct to fact
that David Osmek was present at meeting)
Minutes: Docks & Commons Commission - April 18, 2002
Resignation: Officer Sam Nelson
Westonka Healthy Community Collaborative correspondence
Public Safety facility update
19. ADJOURN
MOTION by Brown, seconded by Hanus to adjourn at 12:40 p.m.
Motion carried.
All voted in favor.
~ttest: Bonnie Ritter, City Clerk
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Mayor Pat Meisel