2002-06-11MOUND CITY COUNCIL MINUTES
JUNE 11, 2002
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, June 11,2002, at 7:30 p.m. in the council chambers of City Hall.
Members Present: Mayor Pay 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; City Planner, Loren Gordon; Finance Director, Gino Businaro; Parks Director,
Jim Fackler; Lorrie Ham, Craig Fink, Frank Weiland, Ken Custer, Skipp La Joy, Matt
La Joy, Angela La Joy, Milton Hentges, Randy Behean, Larence Samstap, Lenry
Laznairz, Miles Britz, Ann Eberhart, Jeff Anderson, Linda Skoglund, Tom and Nancy
Walsh, Roy Peterson, Todd Warner, Sue Cathers, Laurie Fitz.
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
Mayor Meisel called the meeting to order at 7:35 p.m. and the Pledge of Allegiance was
recited.
2. APPROVE AGENDA
Mayor Meisel requested the addition of item 9A, a letter she received regarding signage
within the City. Meyer requested the addition of 10K, a beautification project.
MOTION by Hanus, seconded by Osmek to approve the agenda as amended. All voted
in favor. Motion carried.
3. CONSENT AGENDA
Hanus requested the removal of K and Meisel requested the removal of F and H.
MOTION by Brown, seconded by Hanus to approve the consent agenda with the
exception of F, H and K. Upon roll call vote taken, all voted in favor. Motion carried.
A. Approval of Minutes of the May 21,2002 special meeting and the May 28, 2002
regular meeting
B. Approve payment of claims in the amount of $225,519.66.
C. Approve Liquor License renewals: (subject to receipt of all forms, fees & proof of
insurance)
Club On-Sale: VFW Post 5113 and American Legion
Mound Ci~Council- June 11, 2002
Sunday On-Sale: VFW Post 5113 and American Legion
On-sale Wine: Al & Alma's Supper Club and House of Moy
3.2 Beer On-sale: Al & Alma's Supper Club and House of Moy
Off-Sale 3.2 Beer: Mainstreet Market, PDQ Foods and Super America
D. RESOLUTION NO. 02-64: RESOLUTION REAFFIRMING THE
AUTHORIZATION OF CITY SPONSORSHIP OF STATE GRANT-IN-AID
SNOWMOBILE TRAIL FUNDS.
E. RESOLUTION NO, 02-65: RESOLUTION RELATING TO LOCAL
GOVERNMENT INFORMATION SYSTEMS; AUTHORIZING THE EXECUTION
AND DELIVERY OF SECOND AMENDMENT TO THE JOINT AND
COOPERATIVE AGREEMENT.
F. (removed)
G. Approval to Suburban Wildlife Control to hunt or trap animals in the City for
health and safety purposes.
H. (removed)
I. Approve advertisement for bids for 2002 storm sewer improvements
J. Approve Payment Request #2 for Improvement Project 2002 (Mound Visions 2nd)
to Doboszenski & Sons in the amount of $79,196.92.
K. (removed)
3F. ORDINANCE TO AMEND SECTION 610 OF THE CITY CODE
There was discussion regarding the length of time for exemption to the odd/even
restriction for new sod. It was decided that this exemption should be changed from one
week to one month.
MOTION by Brown, seconded by Hanus to pass the following ordinance. Those voting
in favor: Brown, Hanus, Meisel and Meyer. Those voting against: Osmek. Motion
carried.
ORDINANCE NO. 10-2002:
AN ORDINANCE AMENDING SECTION 610 OF THE
CITY CODE AS IT RELATES TO THE WATER
DEPARTMENT.
3H. JOINT COOPERATION AGREEMENT BETWEEN CITY AND HENNEPIN
COUNTY FOR CBDG IN FY 2003-2005
Meisel stated that she feels it is a good move to enter into this agreement because the
funds received in the past were very well spent in the community. It was noted that
Sarah Smith is now a member of the board and will keep the Council abreast of
happenings there.
MOTION by Brown, seconded by Meyer to adopt the following resolution All voted in
favor. Motion carried.
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Mound City Council - June 11,2002
RESOLUTION NO. 02-66: RESOLUTION AUTHORIZING THE EXECUTION OF A
JOINT COOPERATION AGREEMENT BETWEEN THE
CITY OF MOUND AND HENNEPIN COUNTY FOR
PARTICIPATION IN THE URBAN HENNEPIN COUNTY
COMMUNITY DEVELOPMENT BLOCK GRANT
PROGRAM IN FY 2003-2005.
3K. FIREWORKS
A. MOTION by Osmek, seconded by Brown to pass the following ordinance as
amended. All voted in favor. Motion carried.
ORDINANCE NO. 08-2002: AN ORDINANCE AMENDING SECTION 905 OF
THE MOUND CITY CODE AS IT RELATES TO
WEAPONS, FIREARMS, FIREWORKS, HUNTING
AND TRAPPING.
MOTION by Brown, seconded by Osmek to pass the following ordinance as
amended. All voted in favor. Motion carried.
ORDINANCE NO. 09-2002: AN ORDINANCE ADDING SECTION 906 TO THE
CITY CODE AS IT RELATES TO THE SALE,
POSSESSION AND USE OF FIREWORKS
MOTION by Brown, seconded by Hanus to adopt the following fee schedule
resolution, with the only change being the addition of a license fee for License to
Sell Fireworks. This fee will be set at $100/year, with an additional $35 being
charged if any re-inspection of the premises is required. The following voted in
favor: Brown, Hanus and Meiseh The following voted against: Osmek and
Meyer. Motion carried.
RESOLUTION NO. 02-67: RESOLUTION ADOPTING FEE SCHEDULE.
4. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM
NOT ONTHEAGENDA
None were offered.
5. PUBLIC SAFETY BUILDING UPDATE
Construction Manager, Todd Christopherson, and Architect, Miles Britz updated the
Council on the schedule, budget and plans for the public safety facility. They brought to
the Council's attention that a neighboring parcel juts into the property line, and if the City
could secure that property it would provide for a better parking situation. Securing this
small parcel will be investigated.
6. POSSIBLE ANNEXATION/DETACHMENT OF PROPERTY LOCATED AT 6400
LYNWOOD BLVD - MILTON HENTGES
Sarah Smith informed the Council that Milton Hentges, owner of the property at 6400
Lynwood BIvd, has submitted a request to initiate proceedings to detach his property
from the City of Minnetrista and annex it to the City of Mound pursuant to
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Mound City Council - June 11, 2002
M.S.S.414.062 Subd. 5. The purpose of the request is to accommodate a future
subdivision to create an additional lot that would be subsequently sold to his daughter.
Presently this property straddles the corporate boundaries of both cities. It was noted
that the City of Minnetrista has denied this request.
Mr. Hentges has been in contact with the Minnesota Planning Agency regarding the
procedure for their review. The Council is concerned with the cost to the City in these
proceedings and suggests that an agreement be drawn up, exclusive of the process,
between Hentges and the City of Mound that would state a maximum amount that the
City would be liable for, and anything above that amount Hentges is responsible for, or
Hentges can stop the process.
Dean suggested that a resolution be prepared in support of annexation, but not to
execute the resolution until the side agreement, as described above, is introduced.
After further discussion, there was a MOTION by Brown, seconded by Osmek to have
Mayor Meisel meet with Mayor Fischer of Minnetrista to see if they can come to mutual
agreement on the issue. Meisel will meet with staff after this meeting and prepare a
mutual agreement and a resolution for action at the next meeting, if warranted. Those
voting in favor: Brown, Hanus, Meisel and Osmek. Those voting against: Meyer.
Motion carried.
7. UPDATE FROM TODD WARNER ON BRINGING THE MINNEHAHA TO MOUND
Sarah Smith reviewed the application procedures of the LMCD regarding the proposed
dock.
Roy Peterson, 5815 Beachwood Road, voiced concern on how this dock concept was
presented to the community. He stressed the concern over parking, as parking in that
area is already a problem, as well the probable danger issue if the area is aerated in the
winter to keep the water open.
Linda Skoglund, 5823 Bartlett Blvd, also appeared to voice neighborhood concern,
along with stating that Mound is a lake city without lifeguards at its beaches, yet is
thinking of instaling a huge pier that costs lots of money, next to a main public
swimming beach. She is also concerned with ADA requirements and the parking issue.
Tom Walsh, 5077 Bartlett asked about the frequency of the Minnehaha docking at the
proposed pier, along with who pays for the improvement of the dock. Meisel stated that
these are strictly the beginning of many discussions.
Laurie Fitz, 5776 Bartlett expressed worry about the children in the area - if chemical
testing for the affect on the large boat motor would have an affect on the beach. She is
concerned about the limited parking in the area as well as the welfare of the children.
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Mound City Council - June 11,2002
Todd Warner wants it understood that the proposed dock is for the Minnehaha and the
Minnehaha only, not other large craft. As far as charter boats go, the Minnehaha is not
a charter boat. Individuals will buy a ticket for a ride on the boat. There won't be tour
buses coming into town full of people that have chartered the boat.
Warner asked what the next step in the process should be. After discussion it was
decided that the City Manager will head a committee that will identify and resolve issues
brought forth, and bring recommendations back to the Council. It was noted that no
action will be taken by the City that requires expending City funds.
At 11:00 p.m. Mayor Meisel called for a 10-minute break, and the meeting reconvened
at 11:10 p.m.
8. PUBLIC HEARINGS
A. Case 02-15: Lake Minnetonka Quality Motors & Ken Custer- Conditional Use
Permit for 4831 Shoreline Drive
Sarah Smith reviewed the application, indicating that CUP's were granted for this
purpose in 1995 and 1997, but neither are now valid. The Planning Commission and
staff recommend approval of the CUP to allow open lot sales as a principal use on
the property located at 4831 shoreline Drive subject to certain conditions as noted in
the resolution.
Mayor Meisel stated that this public hearing is continued from May 25, 2002, and
reopened the hearing at 11:15 p.m. Matthew La Joy, applicant, came forward to
introduce himself to the Council and offered to answer any questions.
Mayor Meisel closed the public hearing at 11:17 p.m.
MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted
in favor. Motion carried.
RESOLUTION NO. 02-68:
RESOLUTION TO APPROVE A CONDITIONAL USE
PERMIT TO ALLOW "OPEN LOT VEHICLE SALES"
FOR LAKE MINNETONKA QUALITY MOTORS
LOCATED IN THE B-2 GENERAL BUSINESS
DISTRICT AT 4831 SHORELINE DRIVE, LOTS 1 TO 4,
21 AND PART OF 5 AND 20, BLOCK 1, SHIRLEY
HILLS UNIT A. PID #13-117-24-44-0014, P & Z CASE
#02-15.
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Mound City Council - June 11,2002
B. Case 02-06: Henry & Gina Lazniarz, Preliminary Plat, Minnetonka Trails (4)
Maior Subd, Lots 6,7,9,18,19,20,21, Block 14, Avalon
Loren Gordon presented the major subdivision preliminary plat for consideration,
stating that the subdivision takes three lots and makes them into four lots. Staff and
Planning Commission are both recommending approval of this Preliminary Plat with
conditions as contained in the resolution.
The park dedication fee will be verified with the resolution to state that this fee shall
be determined and paid before the final plat is presented.
Mayor Meisel opened the hearing at 11:32 p.m. Henry Lazniarz approached the
Council, asking for approval of this Preliminary Plat and stated that he agrees to
grant the neighbor a perpetual easement for the retaining wall and its maintenance.
Mayor Meisel closed the hearing at 11:33 p.m.
MOTION by Hanus, seconded by Osmek to adopt the following resolution as
amended. All voted in favor. Motion carried.
RESOLUTION NO. 02-69:
RESOLUTION GRANTING PRELIMINARY PLAT
APPROVAL FOR THE LAKE MINNETONKA TRAILS
RESIDENTIAL DEVELOPMENT, P & Z CASE #02-06.
9. PROPOSED POST RETIREMENT HEALTH CARE SAVINGS PLAN
Gino Businaro presented the proposed Post Retirement Health Care Savings Plan to
the Council. This plan is the result of the City Personnel Committee negotiating a
proposal with the Employee Retirement Program Committee.
MOTION by Brown, seconded by Meyer to approve this plan as presented, as an
amendment to the City Administrative Code. The following voted in favor: Brown,
Meisel and Meyer. The following voted against: Hanus and Osmek. Motion carried.
9A. LETTER RECEIVED BY MAYOR REGARDING SlGNAGE WITHIN THE CITY
Mayor Meisel informed the Council that she received a letter regarding signage put on
corners and right of ways. Sarah Smith will investigate the current regulations and take
steps to have these signs removed according to code.
10. INFORMATION/MISCELLANEOUS
Ao
B.
C.
D.
E.
F.
G.
AMM Fax News
FYI: Officer Alexander resignation
Newsletter: Gillespie Center
Letter: Governor Ventura
Lake Minnetonka fireworks celebration
Newsletter: Ehlers & Assoc
Report: Minnesota Health Dept
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Excerpts from Mankato State University newsletter
Minutes: Dock and Commons Commission - May 14, 2002
Minutes: Parks and Open Space Commission - May 9, 2002
Peter Meyer announced that this Saturday, June 15, volunteers are to
meet behind the Longpre building at 8:00 a.m. to paint the plywood as one
of his beautification projects.
11, ADJOURN
MOTION by Brown, seconded by Meisel to adjourn the meeting at 12:02 a.m. The
voting in favor: Hanus, Brown, Meisel and Meyer. Those voting against: Osmek.
Motion carried.
Att-est' Bonnie Ritter, City Clerk
Mayor Pat Meisel
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