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2000-09-13MOUND CITY COUNCIL MINUTES - SEPTEMBER 13~ 2000 MINUT - CITY COUNCIL - SEPTEMBER 13, 2000 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Wedne.sday, $~pt~mber 13, 2000, at 7:30 p.m., in thc: Council Chambers at 3341 Maywood Road, in said City. Those present were: Mayor Pat Meisel; Council Members: Andrea Ahrens, Bob Brown, Mark P, anus, and Leah Weycker. Also in attendance were Acting City Attorney Mac LeFevre City Manager Kandis Hanson, City Clerk Fran Clark, Building Official Jon Sutherland, City Planner Loren Gordon, Park Director Jim Fackler, City Engineer John Cameron, and Recording Secretary Diana Mestad. The following interested citizens were also present: Ken and Sally Custer, Gary Hart, Peter Meyer, Mike Huspek, Gerald Babb, Chester Yanik of Yanik Companies, Lowell 01son of Yanik Companies, Tom Rasmussen, Cal Korth, Betty Carlson, Tabatha Hanly, Nancy Hanly, Jennie Carlson Baltutis, and John Evans. *Consent Agenda: All items listed under the Consent Agenda are considered to be routine by the Council and will be enacted by a roll call vote. There will be no separate discussion of these items unless a Council Member or Citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. OPEN MEETING - PLEDGE OF ALLEGIANCE Mayor Meisel opened the meeting at 7:50 p.m. and welcomed the people in attendance. The pledge of allegiance was recited. APPROVE AGENDA AND CONSENT AGENDA The City Manager added item F Resolution Authorizing Application for the Livable Communities Demonstration Program and requested that items 6 and 7 be reversed on the Agenda. Council Member I-Ianus asked to have the POSC Minutes of August 10, 2000, moved from the information section to the last item before adjournment item 14B to new item 15 for discussion. MOTION by Ahreus, seconded by Hanus, to approve the agenda and consent agenda with the changes noted above. The roll call vote was unanimously in favor. Motion carried. 5-0. CONSENT AGENDA *1.0 APPROVE MINUTES: AUGUST 22, 2000, REGULAR MEETING. Ahrens & Hanus, unanimously. Motion carried. *1.1 APPROVE PAYMENT OF BILL~. Alu'ens & Hanus, unanimously. Motion carried. 421 Mound City Council Minutes. S~tember 13. 2000 · 1.2 APPROVE MOVING OCT 3. SPECIAL M~.~.ETING FOR 2001 BUDGET WORKSHOP TO 6:00 P.M.. OCTOBER 16. 2000. Ahrens & I-Ianus, unanimously. Motion carried. · 1.3 SET PUBLIC HEARINGS: OCTOBER 10, 2000.. A. SPECIAL ASSESSMEN'I~ FOR DEL1NOUENT I~TH.ITY BII.L~; UNPAID TREE REMOVAL BILL1 AND UNPAID DRIVEWAY APRON Ahrens & Hanu$, unanimously. Motion carried. B. SPECIAL ASsF-qSMENT FOR CBD PARKING, Ahrens & I-Ianus, unanimously. Motion carried. PLANNING COMMISSION RECOMMENDATIONS: · 1.4 CASE #00-41: MINOR SUBDIVISION - 6301 LYNWOOD BOUI.EVARD - JENNIE CARLSON BALTUTI$, RESOLUTION//00-79 RESOLUTION TO APPROVE A MINOR SUBDIVISION TO CREATE ONE ADDITIONAL LOT FROM THE PROPERTY LOCATED AT 6301 LYNWOOD BLVD., LOT 1, BLOCK 11, MOUND TERRACE, P & CASE ~0-41, PID//14-117-24 33 OOO2 Ahrens & I-Ianus, unanimously. Motion carried. · 1.5 SIGN PERMIT: OUR LADY OF THE LAK~ - 2385 COMMERCE BOULEVARD - "INCREDH~LE FF-~TIyAL", Ahrens & Hanus, unanimously. Motion carried. '1.6 RF~OLUTION AUTHORIZING APPLICATION FOR THE LIVABI.~, COMMUNITIES DEMONSTRATION PROGRAM. RESOLUTION NO. 00-80 RESOLUTION AUTHORIZING APPLICATION FOR THE LIVABLE COMMUNITIES DEMONSTRATION PROGRAM Ahrens & Hanus, unanimously. Motion carried. 1.? CANVASSING OF ELECTION RESULTS. OPEN SPACE REFERENDUM. Mayor Meisel read the Resolution certifying the results of the Municipal Questions Election Mound City Council Minutes. Seotember 13. 2000 as Presented at the Canvass Vote of the September 12, 2000 Election: Pct. Pct. Pct. Pct. Pct. Pct. TQTAL 1 2 3 4 $ 6 QUESTION #1 YES 92 51 181 14 2 185 212 863 NO 119 85 221 213 203 117 958 QUESTION g2 YES 84 43 162 142 168 192 791 NO 128 90 238 213 216 134 1019 Question No. 1 - 863 Yes votes and 958 No votes. Question No. 2 - 791 Yes votes and 1019 No votes. The Canvassing Board hereby certifies that Question No. 1 was defeated and Question No. 2 was defeated. Brown moved and Hanus seconded the following resolution: RESOLUTION//00-81 RESOLUTION CERTIFYING THE RESULTS OF THE MUNICIPAL QUESTIONS AS PRES~ AT THE CANVASS OF VOTE OF SEFFEMBER 12, 2000, ELECTION The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRF~ENT ABOUT SUBJECTS NOT ON THE AGENDA. (PLEASE LIMIT TO 3 MINUTES PER SUBJECT.} John Evans, 2025 Arbor Lane, asked whether anyone had thought about changing the name of the town to West Tonka, as that would be more accurate. He wondered how he could go about beginning this process. Acting City Attorney LeFevre stated that Council could support such an application and that he would get back to Mr. Evans regarding the proper process to follow. Council Member Brown stated that the town was originally named Mound because of the Indian burial mounds located there. Pete Meyers, 5748 Sunset Road, inquired where Council was on filling the Park Board position that had been vacant since January. He stated that the POSC interviewed candidates on July 13. Mound City_ Council Minutes. S~tember 13. 2000 Mayor Meisel asked why this had not been included on the Agenda. Council Member Hanus added that advertising for additional applicants should also have been done. The City Manager stated that the advertising would take place this weekend and that the procedure for interviewing candidates is in tonight's packet. 1.8 PUBLIC HEARING: ORDINANCE CHANGING SUNDAY ON-SALE HOURS FOR LIOUOR SALES. Mayor Meisel opened the Public Hearing at 8:00 p.m. John Evans, 202:5 Arbor Lane, stated that he thought this was a good idea. Mayor Meisel closed the Public Hearing at 8:02 p.m. The City Clerk stated that she pl~'pared the memo for this request because she had been approached by local businesses asking for this change to allow Sunday on-sale of liquor sales to start at 11:00 a.m. Council Member Brown stated that he backs this proposal. The City Clerk stated that the notice would have to be published and the earliest it could take effect would be September 24, 2000. Hanus moved and Brown seconded the following Ordinance: ORDINANCE #111-2000 AN ORDINANCE AMENDING SECTION 800:05, SUBD. 5 OF THE CITY CODE RELATED TO HOURS FOR CLASS B ON-SALE SUNDAY SALES The vote was unanimously in favor. Motion carried. 1.9 PUBLIC HEARING: CASE #00-42; CONDITIONAL USE PERMIT - ROBIN LANE - JENNIE CARLSON BALTUTIS. The City Planner stated that the minor subdivision has been approved, but that this is a permit to move the house. He stated that it was Staff's recommendation to approve the request with the following condition: 1. Remove only those trees on the west side of the driveway as needed to accommodate the move. Council Member Brown stated that Planning Commissioner Weiland had wanted it made clear that the house should be brought up to code with no variances granted. Council Member Hanus stated that the Resolution did state 'variances' in item 2 and wondered what they were. The City Planner stated that the term "variances" was incorrect 424 Mound City_ Council Minutes. September 13. 2000 and should be struck from the Resolution. Council Member Hanus asked what thc arrangements were for hookup fccs and utilities nccdcd to bc placed in thc street. Thc City Planner stated that Hcnncpin County would want the hookups in Robin Lane. Council Member I-Ianus asked who would be paying the assessments. The City Planner stated that the utilities were in the right-of-way dedicated to the City and that Rottland would put them in and pay for them. The City Engineer confirmed that this was the case. Council Member Hanus pointed out that Robin Lane would be moving somewhat and wondered if the drawings reflected the new setbacks. The City Planner stated that the setbacks would come down about 10 feet but still be to code. The City Building Official stated that Staff would be reviewing this one more time, as the building permit on this project was the same as for new construction. Mayor Meisel opened the Public Hearing at 8:12 p.m. Gerald Babb. 2169 Birch Lane, stated that the neighbors are aware of this plan and are in favor of saving this historical building. Jenny Carlson Baltutis, 4845 10th Ave S, Minneapolis, stated that she grew up on the property adjacent to the house and wants to save the house. Peter Meyers, 5157 Sunset, stated that he strongly backs moving this house. Dan Carlson, 6301 Lynwood Blvd, stated that he felt there was some confusion about Robin Lane. He stated that property owners have sold 10 feet on each side for setback and there will be a 50-foot roadway. Mayor Meisel closed the Public Hearing at 8:16 p.m. Ahrens moved and Weycker seconded the following resolution: RF~OLUTION//00-82 RESOLUTION APPROVING A CONDITIONAL USg PERMIT TO RELOCATE A SINGLE FAMflJY RESIDKNCE FROM 1000 ROBIN LANE TO 6301 LYWOOD BLVD., P & Z CASE 1~0-42 Motion carried. The vote was unanimously in favor. 1.10 DISCUSSION/ACTION ON PETITION FOR SWENSON PARK PLAY STRUCTURE. Park Director Jim Fackler stated that replacement of this playground equipment is requested at $30,000 as part of the capital outlay for 2001. 425 Mound City Council Minutes. Sep_ tember 13, 2000 Council Member Brown stated that he had been out to the park and the equipment is in very bad condition. Council Member Ahrens stated that this was a request made by the Park Commission last year. Council Member Brown asked if any of the existing equipment was dangerous. The Park Director' stated that whether it was replaced or not, the existing equipment would have to be removed either this fall or early next spring. Shelley Dewitt stated that she was the person who started the petition asking for new equipment. She stated that the kids get slivers from the old equipment and that all that is left is monkey bars and a slide. Joan Cannon stated that she lives across from the park. She stated that the kids are getting into the tennis courts because there is nothing else to do. She further stated that back in the 1970's there was a rink in this park and she would like to see that back. Betty Carlson, 4743 Dorchester Road, stated that the basketball hoops at the park are also missing and further stated that the existing equipment needs to be taken down for safety rea~nso Peter Meyer, Park Commission Board, stated that the Park Commission has had this high on its list for three years and is asking for money in this year's budget for this project. Krista Flit, 4740 Richmond, stated that she wanted a new park to use for the summer parks program. Lindsay Dewitt, stated that she wanted a new park because the current park was not fun. MOTION by Brown, seconded by Weycker, to go all out this year to bring the equipment up to standard and to make a commitment not to eliminate this item from the budget. Discussion: Council Member Hanus stated that he felt the Motion was inappropriate as stated because it was necessary to find a place in the budget for this expenditure. He did feel that planning for outdoor ice would work out and that the Park Director could best determine how to get that done. He further stated that the Council's intention does not need a motion and given the current budget condition this was not the best course of action. Council Member Brown stated that he felt this would give Staff direction on the Council's priority. Mayor Meisel asked whether the $30,000 for the playground equipment was a good number. The Park Director stated this was a good number and that Staff would be doing the ground preparation and installation to keep the cost down. 426 Mound City Council Minutes. Sep_ t~ml~r 13. 2000 Council Member Hanus asked what the $30,000 would buy. The Park Director showed sketches of thc proposed playground including two tot toys, a climbing structure and a swing set. This would also include thc undcr-structurc~ a new bcrm~ drainagc~ handi~p accessibility and would essentially double thc size of thc existing playground. Council Member Brown stated that in the past the fire department would go out with the tan~r truck to flood the rinks and wondered if this was still done. Mayor Meisel stated that although the fire department does a lot of things to benefit the community, it was not the place of Council to commit them to doing the flooding. Council Member Weycker stated that at this point, the playground equipment was the issue. The Park Director broke down the cost of the equipment as follows: Swings $1400-$1500 Tot toys $500 each (2) Benches $275 The Park Commission is planning to save on excavation costs by doing the work themselves. The Park Director stated that if a contractor did the work the cost would be $36,000- $37,000. Council Member Hanus stated that the $30,000 did not include any leeway money and was counting on Staff to do the work. The Park Director stated that it would be possible to cut back on some of the toys and put those in the next year. He further stated that it was important to prepare the site first. Council Member Ahrens stated th_at there was not much shade for a summer park program and wondered if there would still be room for a pavilion that had been talked about at one time. The Park Director stated there would not be room for the pavilion with the proposed expansion. Council Member Brown suggested leaving out the tot toys and placing a small gazebo in that area. Council Member Hanus pointed out that the City did not have money for a gazebo. Mayor Meisel suggested the possibility of the pavilion being funded by the Jayeees or the Lions Club, but also stated there was a need to protect enough land for a baseball field. She further stated that finding the money for the playground equipment in the budget would take some work and asked for some ideas from the Park Director on this. The Park Director stated that he has looked at the putting the money in the regular capital outlay and also the possibility of doing the playground in stages. He has also approached the Saycees for funding for this project. Council Member Brown stated that the VFW has a Support the Children Program, which is financed from pull-tabs. He will ask them for funding. Mayor Meisel stated that the bottom line was to find avenues to make this project happen. 427 Mound City_ Council Minutes. Seotember 13. 2000 Council Member Ahrens stated that she wanted a commitment that this will get serious consideration. The Motion 'Was reread and Council Member Brown decided to withdraw his original motion. MOTION, by Brown, seconded by Weycker, to direct Staff to make it a priority to keep Sweuson Park playground equipment in the budget if at all passible. The vote was unanimously in favor. Motion carried. 5-0. Mayor Meisel called a break at 8:50 p.m. Mayor Meisel called the meeting to order at 9:08 p.m. 1.11 STAFF REPORT: MEETING WITH CITY OF MINNETRISTA ON WEST F~GE BOULEVARD AND WATERMAIN IMPROVEM~NTS FOR LANGDON BAY SUBDIVISION. The City Planner stated that he and the City Manager went to a workshop meeting with the City of Minnetrista to determine if Minnetrista was receptive to the road planned for the Langdon Bay project. Minnetrista has requested that the Mound Council meet with them on October 9, 2000 to further discuss this issue. Minnetrista has indicated that they do not have an issue with the plans for the water main. Council Member I-Ianus asked whether it was Minnetrista's intent to tap into the water main when their development went in. The City Planner stated that this was something that still needed to be worked through. The City Engineer stated that issues with water were with the property owner and not Minnetrista as no easement exists. The land has never been platted south of the railroad Council Member Brown asked whether the plan was to pave the whole road. The City Engineer stated that the current plan is to pave from 15 to the south corner of the Rottland development and it sounds like Minnetrista is requiring their developer to improve that stretch of road. The current issue is putting curb and gutter on both sides, as Minnetrista is not willing to contribute to this cost. Council Member Ahrens stated that she recognized that it was Minnetrista's policy to have the developer pay these costs, but she felt this was a unique situation in that the road is owned by two cities. The City Manager stated that initially Minnetrista's stand had been that this road should keep its rural character but now some of their council is agreeable to the curb and gutter on both sides. Council Member Hanus pointed out that Mound has already considered doing the curb and gutter on both sides, but there is not enough money available for this. 428 Mound City Council Minutes. Sevtembcr 13. 2000 Council Member Ahrens stated that at thc heatings held in Mound, Minnetrista residents had cxpre~,sed concern about runoff and this may be having an impact on the Mirmctrista Council. The City Engineer stated that Staff is suggesting ordering a feasibility study to look at thc road and to do some survey work for the design. Council Member Ahrens stated that Council needed to make a decision as to whether they were interested in having the Mound developer pick up the cost for Minnetrista. Council Member Hanus stated that he would need to see the study first. The City Manager stated that the road drops off on the west and asked whether the feasibility study might show that a natural type of drainage is best on this road. The City Engineer confirmed that this was possible. Council Member Ahrens asked whether the feasibility study might show that there was no need for curb and gutter on the Mound side. The City Manager stated it would probably only affect the west side of the road. Mayor Meisel asked whether the City Engineer was looking for $2,800 to do the feasibility study. The City Engineer confirmed this was the amount and stated that this project requires a 4/5 vote to order the project and specs per the City Attorney. He further stated that the 35 % required for the petition includes both sides and Rottland does not have enough on its own. Council Member Weycker asked whether the cost of the study could be assessed. The City Engineer stated that it would be reimbursable. MOTION, by Hanus, seconded by Brown, to authorized up to $2,800 to conduct a feasibility study. The vote was unanlmously in favor. Motion carried. 5-0. The City Manager stated that the City of Minnetrista has invited the Mound City Council to a joint meeting on October 9, 2000 at 5:30 p.m. to discuss this project. She estimated that the meeting would last about one hour. MOTION, by Ahrens, seconded by Brown to hold a special meeting with the City of Minnetrista on October 9, 2000 at 5:30 p.m. The vote was unanimously in favor. Motion carried. 5-0. 1.12 PLANNING COMMISSION RECOMMENDATION: CASE gOO-SO: FINAL PLAT - GILLESPIE ADDITION - 2590 (~OMMERCE BOULEVARD - WESTONKA SENIOR CENTER. The City Planner stated that he would be discussing some issues that needed to be resolved with the developer. He also stated that Council needed to determine if the final plat was consistent with the preliminary plat, as the final plat shows two lots and the preliminary plat had shown only one lot. He explained that a state statute allows the senior center to get a tax exemption if the lot is less than one acre. Splitting this into two lots allows this 4~9 Mound City_ Council Minutes. Se~_ tember 1~, exemption for the building lot. Staff is suggesting that because lot 2 is for parking and not another building, the two lots should be held together. Council Member Brown asked for confirmation of the senior center's tax-free ability. The City Planner stated that this was not a Council action to approve. The City Planner stated that there is an issue with the developer regarding the building setback. Originally it was stipulated that the south side setback be no less than 23 feet, but the revised site plan now shows a setback of 21.4 feet. Council should consider approving a new south side back or moving the building to conform to the original stipulation. Council Member Hanus asked why this setback issue had occurred. The City Planner stated that he did not know, but thought that the building would not fit on the site as originally' planned. Council Member Brown asked whether the Planning Commission would be seeing the revised site plan. The City Planner stated this would not go back to the Planning Commission. Council Member Brown stated that on the new sheet the comers are not angled on the building as they were at the Planning Commission. Council Member Hanus pointed out that the drawings did not show the easement. The City Planner stated that the documents indicate a 10-foot easement access on the south edge of the property, which now impacts the driveway and plantings. Council Member Hanus asked if there was still room for this easement including room for a backhoe for pond maintenance. The City Planner stated there was room. Council Member Brown pointed out that the new plan shows a walkout and patio and wondered if that would reduce the setback. The City Engineer stated that because the property line angles, the setback should still work. The City Planner stated that on the preliminary plat the rear yard setback was 16 feet, but on the final plat it is I 1.7 feet. Council Member Hanus pointed out that the angle actually makes this less and that it should be measured to the footings. The City Planner stated that the angle was actually looked at as decorative rather than structural. Mayor Meisel asked the architect and the developer on this project to address the Council. Chester Yanik stated that they wished to discuss the process of the original preliminary plat. In reference to the replatting of the lots, Lowell Olson stated that at the time of the original submission, they were not aware of the one acre limitation for tax relief, but that was always Roger Reed's intent. The plat is laid out in this fashion for this purpose only. Chester Yanik stated that they would submit all the legal documentation supporting this to the City and that there was no problem with putting a .restriction to tie the lots together. Council Member Hanus stated that this was not a problem, but the lots would need to be Mound City Council Minutes. September 13, 2000 linked and a restriction against placing a building on lot 2 would be necessary. Mr. Yanik aalwd whether approval on this issue wa~ n~,,saaxy to move forward. Thc Acting City Attorney statcd that thc conditions in thc Resolution would accomplish this. Mr. Yanik stated that in reference to the building placement, setbacks on the south and east, and the easement in reference to the location of the pond, it was decided to move the pond to the northeast and enlarge it. This would also include a storm sewer system. The City Engineer stated that he had not reviewed this yet. Mr. Yanik stated that an 8 foot maintenance easement has been moved to the south side, the building now exits on all sides for the fire code, and only one corner is a 21.4 foot setback on the backside of the building. Council Member Hanus asked why the comers of the building were now square. Mr. Yanik stated that this made more sense with the floor plan, but that the building is in the same place. Council Member Brown stated that when the preliminary plat was brought before the Phnning Commission the set back was 30 feet and it was agreed that it would go to no less than 23 feet. There was a strong concern of crowding the neighbors behind this decision. Council Member Brown further stated that he feels it is an issue when the preliminary plat is changed and is not brought back before the Planning Commission. Mr. Yanik stated that he was advised by the City to do it this way and that it was not a purposeful move. Council Member I-Ianus stated that the preliminary plat had been a painful process with the neighbors and these changes had not been noticed to the neighbors. He recalled that at the preliminary plat stage, the maintenance easement was on the north side and not the south side as is now presented. He stated that he did not think there was room on the south side. Mr. Yanik stated that the irregular lot line was controlling the setback on the north side and that there would not be access on that side. He stated that they had talked with Staff and decided that it made sense to use the south side where 30 feet was available. Council Member Brown stated that the Planning Commission had wanted the building further to the north, but the developer suggested that the easement was best served on the south side. Now that the easement is on the south, Council Member Brown suggested moving the building over to the north. Council Member Hanus asked what the setback on the north side was. Mr. Olson stated it was 13 feet. Council Member Weycker asked where the easement for the trial had gone. Mr. Olson stated that the public access for the proposed Wail is the same as the easement to the pond. Council Member Hanus stated that this was a complicated process to begin with and now the Mound City_ Council Minutes. September 13. 2000 Council would need to go through it again as there is a need to protect the public. Council Member Ahrens asked whether 4 feet of landscaping on the south side would now be lost. Mr. Yanik confirmed this. Council Member Weycker asked for clarification of the trail. The City Planner stated that the idea was to provide a link between Commerce and the trail. Council Member Weycker stated that there was trail on the preliminary plat. Mr. Olson stated that the trail was shown only as an example of where one would likely be in the future. Council Member Brown suggested moving the setback to 16 feet on the east, moving the building to the north and then it would work out. Council Member Hanus agreed with this solution. Mr. Yanik stated that he could also agree with this. Council Member Ahrens stated that the neighbors had left the preliminary plat hearing with the impression that there would be a 23-foot setback on the south side and that the access would be on the north side. Council Member Brown pointed out that the building could not move further to the north because of the loading dock on that side. Council Member Ahrens asked how much the building could be moved. Mr. Yanik stated that in the final plan the dock is hidden on the north side, but the building could move over. He made a commitment to work with the City Planner to move the building as much as possible. Council Member Hanus stated,that he is not concerned about there being too much traffic on the south side easement with the exception of snowmobiles. Mr. Yanik stated that snowmobiles were also a concern of his. Council Member I-Ianus suggested some type of barrier be put in place to restrict any motorized traffic. Mr. Yanik stated that he has shared the new plan with two or three of the neighbors and that the seniors want to be good neighbors. Council Member Weycker questioned whether the City Engineer's opinion was necessary before the Council could approve the final plat. The City Engineer stated that this could be left as a condition and also that he still felt the pond needed to be moved further. The City Manager asked whether the access to the pond was intended to be hard surface. Mr. Yanik stated that this was not the intention. The City Manager stated that it was necessary to ensure accessibility to the pond.. Council Member I-Ianus stated that it could be 15 years before'access was necessary and he did not want hardcover put in now. The City Manager wondered whether the pond location would allow room for the passage for pedestrians and bicycles. Mr. Yanik stated that he was not sure, but that a walkway is planned for there. 432 Mound City_ Council Minutes. Sep_ tember 13. 2000 The City Engineer stated that the Watershed requires a 16-foot buffer, but he is not sure if that is measured from the high water or normal water level. Mr. Yanik stated that the Watershed has reviewed this and is close to signing off. He further stated that he has a letter of approval and the authority to procx~ with this. The City Engineer stated that he needed to look at the issue of the pond moving and the access for maintenance and the trail. He stated that he had requested a paved surface for the access and pointed out the City could need to get in there as soon as five years from now. Mayor Meisel stated that she did not want to see a paved access there and thought cedar chips would be a nicer look. Council Member Ahrens added that pavement would create a hardcover issue. Council Member Weycker asked whether the Watershed knew about the proposed trail and asked the City Engineer to address the slopes of the pond to allow access to future trails. Hanus moved and Ahrens seconded the following Resolution with the following exceptions: the south side yard should go from 23 feet to 26.4 feet and the side yard on the north should be 8 feet. RESOLUTION g00-83 RESOLUTION APPROVING THE GILLESPIE ADDITION FINAL PLAT AND VARIANCES FOR SENIOR CENTER LOCATED AT 2600 COMMF~RCE BLVD. P & Z CASE #00-50 Discussion: Council Member Ahrens stated that the City Engineers issues with the pond should be included. The City Planner stated that item 25 in the City Engineer's report does include a trail to be improved as needed without hardcover. Amendment by Hanus, accepted by Ahrens, to include item 25 of the City Engineer's report for a trail to be improved as needed without hardcover. Mayor Meisel called the question. The vote on Resolution g00-83 was unanimously in favor. Motion carried. 5-0. Council Member Weycker asked whether originally a paved trail and easement were included in the hardcover calculations. The City Planner stated they were not included. Council Member Brown stated that in the future he would like plats with such extensive changes to be sent back to the Planning Commission. Mayor Meisel stated that at the last Council meeting it was voted to not have the final plat come back so as not to further delay projects. If Council cannot work out a solution, then the plat would be sent back to the Planning Commission. 433 Mound City Council Minutes. Septeml~lr l}. 2000 1.13 WESTONKA SENIOR CF, NTER REOUKST, The City Manager stated that she had received a letter from the Westonka Senior Citizen's Foundation requesting funding and that such a letter is going to all the cities. Mound is being asked for an "in-kind" donation and the other cities are being asked for a monetary donation. Council Member Hanus stated that in reference to the request, the Senior Center would like to be included in the Mound snow. removal program which is set up for the parking downtown. If the Center was able to help provide parking for downtown it might fit the criteria for this program, but under the circumstances it does not. Mayor Meisel stated that she felt the request was actually for the City to do the snow removal at no cost. Council Member Ahrens stated that the City is already losing taxes on this property. Council Member Brown stated that the tax-free status is a donation on the City's part. Council Member Weycker stated that she felt there were others who would do the snow plowing as a donation to the Center. Council Member Hanus stated that the Center should be made aware of the City's tax loss on the property. Mayor Meisel stated that the cost of the ponding is unknown at this time and she recommended holding off on this until the numbers are known. Council Member Brown agreed that this should be tabled until the costs and the tax losses are known. MOTION, by Brown, seconded by Ahrens to table this item until the next meeting. The vote was unanimously in favor. Motion carried. 5-0. 1.14 ACTION ON MUELLER-LANSING PROPERTIES RF.~UF~T FOR WITHDRAWAL FROM CBD PARKING PROGRAM. Gino Businaro, Finance Director, stated that Mueller/Lansing is requesting that their property be removed from the CBD Parking Program. MOTION, by Hanus, seconded by Ahrens to direct the City Manager to send. the letter acknowledging the withdrawal. The vote was unanimously in favor. Motion carried. 5-0. 1.15 WORKSHOP: DISCUSSION ON GUIDELINES FOR AN ETHICS POLICY. MOTION, by Hanus, seconded by Ahrens to move Agenda this item to the next meeting. Discussion: Council Member Ahrens suggested that Council Member Hanus give his thoughts on this policy to the City Manager before the next meeting so that Council could think through the issues before the meeting. Council Member Hanus stated that he would do this. Mound City Council Minutes. September 13. 2000 Mayor Meisel called the question. Tl~e vote was unanimously in favor. Motion carried. 5-0. 1.16 DISCUSSION/APPROVAL QF 2991 BIJDQET~ AND QENERAL ~ LEVy AND SETTING PUBLIC HEARING DATES. The Finance Director stated that the Resolution reflects the Council's discussions at work sessions. The City Manager stated that the fund balance is troubling at such a low level and that the City has so many needs and so many projects being deferred. Council Member Hanus stated that the target is 35%. This is a 6% increase this year and last year there was an 8% increase. He felt that the taxpayers can only tolerate so much for so long. He felt there was a need to find a way to keep this reasonable. He suggested looking at how much is necessary to maintain essential services and still maintain healthy Mayor Meisel stated that more than essentials were at issue as many projects have been put on hold for years. Council Member Weycker stated that no one wants to raise taxes, but the residents expect a standard to be maintained and she felt it was not being done. Council Member Weycker stated the lack of a maintenance plan for the City is a problem. Council Member Ahrens stated that unfortunately it was not maintenance that was causing the problem, but rather employee contracts eat up the levy. Council Member Brown stated that incentives are necessary to keep good employees. Council Member Hanus stated that it was not 6%, but that with addition of the storm water collection, the cost came closer to 8% to the taxpayer. Ahrens moved and Hanus seconded the following resolution: RESOLUTION ~00-84 RESOLUTION APPROVING THE 2001 PRELIMINARY GENERAL FUND BUDGET IN THE AMOUNT OF $3,526,940; SETTING THE PRELIMINARY LEVY AT $2,065,800 LESS THE HOMESTEAD AGRICULTURAL CREDIT (HACA) OF $502,920, RESULTING IN A PRELIMINARY CERTIFIED LEVY OF $1,562,880; APPROVING THE PRELIMIN~Y OVERALL BUDGET FOR 2001; AND SETTING PUBLIC HEARING DATES The suggested dates for the public hearings are Monday, December 4, 2000 and if 435 Mound City_ Council Minutes. S~tember 13. 2000 needed, Monday, December 11, 2000. The City Manager stated that it was necessary to stop thinking that there was money to fall back on. She saw realistic budgeting and spending to be the City's goal. Council Member Hanus asked why the day-to-day expenses are going up at a rate of two times the rate of inflation. The Finance Director stated that personnel contracts were a part of this cost. Council Member Ahrens stated that she did not see individual departments going over budget, but rather felt the problem was the 'nickel and diming" done by the Council. The Finance Director stated that some of the departments have personnel turnover and that saves a salary and improves the year-end budget. Council Member Ahrens stated that a comfort level is the wrong attitude for City spending. Council Member Weycker stated that the parks and streets have maintenance put off because there is no money in the budget. Council Member Ahrens stated that each d~ent needs to look at line items and make decisions. The City Manager stated that in the past it has been a problem when departments have budgeted on a shoestring, for example, repair of a retaining wall was budgeted at $4,000 and the actual cost was $17,000. Council Member Brown stated that retaining walls, sewers, and water pipes were all in need of maintenance and wondered when the City's last full-blown capital assessment was. Mayor Meisel stated that this was in the process. Council Member Hanus asked when a capital improvement plan would be considered. The City Manager stated that this was slated for next year and was part of the key financial strategy. Mayor Meisel called the question on Resolution #004~4. AYES: 3 NAYS: 2 (Meisel, Weycker) Motion Carried. 3-2. 1.17 DISCUSSION/APPROVAL OF TIlE 2001 liRA LEVY. Ahrens moved and Hanus seconded the following resolution: Mound City_ Council Minutes. Sep_ tember 13. 2000 RESOLUTION ~0-85 RESOL~ON APPROVING A LEVY NOT TO EXCEED $53,000 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION~ PURSUANT TO THE PROVISIONS OF MSA 469, HOUSING AND ]~r~EVELOP1VI~NT AUTHORITY OF THE CITY OF MOUND FOR THE YEAR 2001 The vote was unanimously in favor. 1.18 ADVISORY PARK AND OPEN SPACE COMMISSION MEETING MINUTe'-q; AUGUST 10. 2000. Council Member I-Ianus stated that he noted in the Minutes that a group called the Tobacco Free Future for Youth is endeavoring to write an ordinance banning smoking in Mound public parks. Because he felt Council would not pass such an ordinance, he wished to put a stop to it now before any consultant fees were incurred by the City. Council Member Weycker stated that a proposed ordinance prepared by the group was presented at the meeting. Council Member Hanus stated that any changes to the ordinance would require Staff involvement. Mayor Meisel stated that Carol Weber from the group had already interviewed the Council Members and was informed by Council Members Brown, Ahrens, I-Ianus and Mayor Meisel that they would not be in favor of such an ordinance. Council Member Weycker stated that the tobacco group would be making all changes to this ordinance and no Staff would be involved. Council Member Hanus stated that when the ordinance reached the Council, it would require Staff involvement. Mayor Meisel stated that the ordinance would come through the City Manager and she could route it directly to Staff without involving any of the consultants in the process. The City Manger stated that it was necessary to let this go through the channels as no one could be denied access to the City Council. Council Member Hanus stated that this was a political and controversial issue. Council Member Ahrens stated that the tobacco group has meet individually with the Council Members and got a sense of what the Council's opinion would be. Peter Meyers, 5717 Sunset, stated that the issues involved in the request by this group include mentoring, role models, and 2" hand smoke. He further stated that Mound Bay Park is full of cigarette butts. Council Member Hanus stated that the major cost here was the loss of liberty and wanted to direct Staff not to spend money on this ordinance. The City Manager stated that money would not be spent without Council direction. 437 Mound CRv Council Minutes, September 13. 2000 Council Member Ahrens asked Mr. Meyers if he was in favor of banning smoking in the public parks. Mr. Meyers stated that the City would be able to save money on cleanup costs and that fines for violating the ordinance could be collected. Council Member Hanus stated that it would cost more to enforce the ordinance than the City would ever collect in fines. He further stated that this is an incremental issue and could grow to other areas. INFORMATION/MISCELI.ANEOUg A. B. C. D. Dock and Commons Advisory Commission Meeting Minutes: August 17. Economic Development Commission Meeting Minutes: August 17. Planning Commission Minutes of August 14. FYIi: Consolidation Proceedings for St. Bonifacius and Minnetrista. A. Article: Clues to Small Town Survival. B. Announcement: Mound Police DeparUnent Community Policing Award. C. Mound Police Department Monthly Report: August 2000. D. FYI: Resolution for Appointments to Advisory Commissions. E. LMCD Correspondence. F. Notice of Appointment to Metropolitan Council. G. LMC Call for NLC Board of Directors. H. Letters Regarding Supporting Expanded Water Patrol. I. Resolution from Lafayette Club in Minnetonka Beach Opposing Trail. ADJOURNMI~; MOTION by Brown, seconded by Weycker to adjourn the meeting at 11:40 p.m. The vote was unanimously in favor. Motion carried. 5-0. Attest: City Clerk Kandis Hanson, City Manager SqqI~I qV~I.O,I. 69't:0'/6t$ 69'I~0'L6I$ J. NTIOIAIV ~gO0# # I l~.I. Vfl :~:~vxva $~Nflo39v STIlH §qqlfl .I,N,~qlAI XV~I