2009-06-09MOUND CITY COUNCIL MINUTES
JUNE 9, 2009
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, June 9, 2009 at 7:30 p.m. in the council chambers of city hall.
Members present: Mayor Mark Hanus; Councilmembers David Osmek, Heidi Gesch
and Greg Skinner.
Members absent: Councilmember Ray Salazar
Others present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk
Bonnie Ritter, Finance Director Catherine Pausche, City Engineers Dan Faulkner and
Mark Perry, Parks Superintendent Jim Fackler, Fire Chief Greg Pederson, City
Engineering Tech Ray Hanson, Steve McDonald, Amy Lyon, Amanda Schwarze,
Rhonda Eurich, Chris Valerius, Rita Pederson, Carole Chivatero, Gordon Chivatero,
Daniel Dyer, Ellen Gomoll, Susan Thill, Joe Novak, John & Michelle Olson, Ruth
Peterson, Suzanne Doldee, Bruce McKeenan, Patrick Brickley, Dianne Brickley, Marilyn
Stillings, Michele Olson Gjerstad, Richard Gjerstad.
Consent agenda: All items listed under the Consent Agenda are considered to be
routine in nature by the Council. There will be no separate discussion on these items
unless a Councilmember or citizen so requests, in which event it will be removed from
the Consent Agenda and considered in normal sequence.
1. Call meeting to order
Mayor Hanus called the meeting to order at 7:30 p.m.
2. Pledge of Allegiance
3. Approve agenda
MOTION by Gesch, seconded by Osmek to approve the agenda. All voted in favor.
Motion carried.
4. Consent agenda
MOTION by Osmek, seconded by Gesch to approve the consent agenda. Upon roll call
vote, all voted in favor. Motion carried.
A. Approve payment of claims in the amount of $235,759.97.
B. Approve applications for liquor license renewals, contingent upon receipt of all
application forms, fees and certificates of insurance;
1. On -Sale: Al & Alma's Supper Club Corp.
The Dailey Group, Inc. (dba Carbone's Pizzeria & Dailey's Pub)
2. 3.2 Off -sale malt: PDQ Stores
Speedway SuperAmerica
3. Club License: American Legion Post 398
4. Sunday On -Sale: American Legion Post 398
Al & Alma's Supper Club Corp
The Dailey Group, Inc.
C. Approve Pay Request No. 2 from Widmer Construction, LLC, in the amount of
$76,228.68, for work on the 2008 Drainage Improvement Project
Mound City Council Minutes — June 9, 2009
D. RESOLUTION NO. 09 -44: RESOLUTION APPROVING JOINT AND
COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT
PERSONNEL AND EQUIPMENT
E. Approve public lands permit applications for the following:
1. 1744 Avocet Lane — Bruce McKeenan
2. 4913 Island View Drive — Jay Humphreys
3. 4917 Island View Drive — Bradley J. Skapyak/Matt Skapyak
4. 4743 Island View Drive — Dan Dyer
5. Comments and suggestions from citizens present on any item not on the
agenda. None were offered.
6. Discussion /action on Mound Central Business District (CBD) Parking Program
Catherine Pausche reviewed the history of the CBD program and results of the research
done. Hanson stated that staff recommends discussing the option of "opting out" of the
program with some property owners, analyzing existing parking counts and code
requirements, preparing and executing formal leases and /or agreements with involved
property owners, designated parking areas should not be used for exterior sales and
display, and discussion on assessing the full cost of portion thereof.
Hanson stated that she feels that if the property owners could work together the City
program wouldn't be needed and she would like to have another run at getting
businesses involved. Skinner suggested putting more research into this before a
decision is made.
MOTION by Osmek, seconded by Skinner to table this item and refer back to staff for
further research and recommendation. All voted in favor. Motion carried.
7. 2009 Storm Drain Improvements
Dan Faulkner presented the feasibility report on the proposed 2009 storm drainage
improvement project in two areas: Commerce Blvd. Treatment Pond, north of Balsam
and south of Sherwood; and Overland Lane Rain Garden, east of the Noble /Overland
intersection. He stated that the estimated cost for this project is $59,306 and would be
funded from the utility fund and not assessed to property owners.
Rhonda Urich, 5585 Sherwood, expressed concern with the large trees that will have to
be removed, and the maintenance of the stormwater pond. She said what's there now is
a slew hole and maintenance is done by a neighbor. Faulker informed her that it usually
10 -20 years before it will need to be cleaned, and the Watershed requires it to be
functioning so it will be inspected. Osmek stated that the City is responsible for
maintaining a City pond, and wants the engineer to work with the neighbors to assure
that additional screening is placed appropriately.
Ellen Gomoll, 5508 Breezy Road, requested that if any trees can be spared, to do so.
There were enough trees lost when the Indian Knoll Manor parking lot was redone. She
also expressed concern over maintenance of the pond.
Mound City Council Minutes — June 9, 2009
MOTION by Osmek, seconded by Skinner to adopt the following resolution with the
addition of stipulation that adequate screening features be put in place. All voted in
favor. Motion carried.
RESOLUTION NO. 09-45: RESOLUTION RECEIVING FEASIBILITY REPORT AND
ORDERING PREPARATION OF PLANS AND SPECIFICATIONS FOR THE 2009
STORM DRAINAGE IMPROVEMENTS
8. Mound Storm Water Pollution Prevention Plan (SWPP) 2008 Annual Meeting
Mark Perry of Bolton & Menk, reviewed the City of Mound's SWPP and explained that
this plan outlines how the City will manage storm water to improve overall water quality
and that the City is in compliance with the General permit for storm water discharge.
Mayor Hanus opened the annual meeting and upon hearing no public comment, closed
the meeting. No Council action is required.
9. Approve extension of Agreement for Professional Services with Bolton & Menk,
Inc.
Mayor Hanus stated that with the additional information provided, he is satisfied and
wants to move forward with this agreement.
MOTION by Osmek, seconded by Skinner to approve the Agreement for Professional
Services for Consulting City Engineer Services with Bolton & Menk, Inc. of Chaska, MN.
All voted in favor. Motion carried.
10. Steve McDonald of Abdo, Eick & Meyers, LLP, presenting the 2008
Comprehensive Annual Financial Report and Management Letter
Steve McDonald reviewed the management letter and his firm's findings.
MOTION by Osmek, seconded by Gesch to acknowledge receipt of the 2008
Comprehensive Annual Financial Report and Management Letter. All voted in favor.
Motion carried.
11. Certificate of Achievement for Excellence in Financial Reporting
Kan dis Hanson presented Catherine Pausche with the Certificate of Appreciation for
Excellence in Financial Reporting for the Comprehensive Annual Financial Report for
Fiscal year Ended December 31, 2007.
12. Approve Amendment to Ordinance No. 08 -2003, Implementing an Electric
Franchise Fee on Northern States Power d /b /a/ Xcel Energy
Catherine Pausche reviewed the impact that the Xcel Energy franchise fee has on the
City's budget. Hanus stated that each year he tries to make the continuation of this fee
as painful as possible because he doesn't want to extend it. He asked why Pauche's
proposing to sunset in 2011 and not 2010. Pausche stated that it's because of the levy
limits imposed through 2011. Osmek stated he agreed painfully at the extension to end
of 2009, but would rather look at it again next year instead of 2011. Gesch stated she
would like to get rid of it completely, but agree that end of 2010 is better than 2011.
Mound City Council Minutes — June 9, 2009
MOTION by Osmek, seconded by Gesch to adopt the following ordinance, stating the
sunset on December 31, 2010. All voted in favor. Motion carried.
ORDINANCE NO. 03 -2009: AN ORDINANCE AMENDING ORDINANCE NO. 08 -2003
IMPLEMENTING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER
D /B /A XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITH THE CITY OF
MOUND
13. Dock Permit request for 4539 Island View Drive
Jim Fackler explained that the Docks and Commons Commission discussed a request
from Rick Sundberg to install a dock on Devon Commons on a vacant lot he owns at
4539 Island View Drive. The Commission recommended denial of the request based on
cit ordinance stating that applicants must be a resident of the City of Mound to apply for
a dock. Staff also recommends denial of the request.
Ruck Sundberg, applicant, stated he lives in Maple Plain and there is no way he could
live on his lot in Mound because there is no house there. He stated he pays $6800 in
taxes per year on that lot. He is requesting to put a dock there for one summer. He has
a financial stake in Mound and will be building a home soon.
MOTION by Skinner, seconded by Osmek to deny the request to place a dock at 4539
Island View Drive based on ordinance regulations. All voted in favor. Motion carried.
14. Renaissance Fireworks appeal to sell consumer fireworks in the Mound
MarketPlace parking lot
The council received a letter stating that the representative of Renaissance Fireworks
could not attend the meeting but requested that they consider reversing the denial for
him to sell consumer fireworks from a tent in the MarketPlace parking lot. It was noted
that this application was denied last year, and the applicant reapplied, and received a
license for the free standing building at 2125 Commerce Blvd.
MOTION by Osmek, seconded by Skinner to deny this application to sell consumer
fireworks from the parking lot at Mound MarketPlace based on it not meeting with our
current zoning regulations. All voted in favor. Motion carried.
Kandis Hanson will also contact PBK Investments (landlord), informing them that if they
sign lease agreements like this, they are in jeopardy of losing their conditional use
permit.
15. Consideration /action on citizen petition fo removal of Waterside Lane
Kandis Hanson reviewed the history of this item, stating that a written petition was not
received from citizens wanting Waterside Lane removed, but it is being treated as a
verbal petition. John Dean stated that since at least 1957, this street is a dedicated
roadway by statutory dedication.
Fire Chief Pederson explained that in 2007 the MN State Fire Code was adopted, and
Waterside Lane is an existing condition. By closing it, then the new code applies, which
Mound City Council Minutes — June 9, 2009
means that Breezy, Spruce and Tonkawood would all then have to be brought up to
standards by putting one of three optional turn - arounds at the end of the street.
Hanus asked for public comment.
Rita Pederson, 1847 Shorewood, stated that eliminating Waterside Lane would reduce
pollution and traffic and reduce hardcover by 34 %.
Chris Valerius, 5488 Tonkawood, stated that the lady doing a petition in opposition to
them was telling lies about what they want, and told people they'd all lose their docks
and get charged for trespassing if they were on the commons, etc.
Osmek stated that closing Waterside would be taking a good traffic flow and making it
dysfunctional. Valerius also commented on the excess speed and Osmek stated that
removing a road isn't the answer to a speed problem. Valerius suggested installing stop
signs.
Hanus asked the audience for a show of hands, and four people raised their hands in
support of the removal of Waterside Lane, and 15 raised their hands against.
Ron Rheinhart, 5448 Spruce, stated that his wife is the one that supposedly was
threatening people with a petition. She didn't tell anyone they'd lose their docks. He
stated there's not a lot of speeding in the area and stops signs aren't necessary. He
stated that Waterside is used as an artery street by residents and school buses. He
disagrees with the proposal to have it removed.
Prudy Rheinhart, 5448 Spruce, asked if the Council can give one good reason to close
the road and Osmek stated that the people asking to have the road removed think thre
are benefits to its removal, but the council's job is to weigh the impact on the
neighborhood and to remove Waterside Lane just doesn't work.
Tony Strong, 5432 Breezy, stated he's in awe that this is even being considered.
Waterside is their main way out due to Breezy being impassable in the winter.
Rita Pederson asked if they could have the Commons name corrected and Hanus stated
that staff will research the history.
MOTION by Osmek, seconded by Gesch to respectfully deny the petition to remove
Waterside Lane, and to keep it in the 2009 Street Project as planned. All voted in favor.
Motion carried.
16. Approve minutes
MOTION by Osmek, seconded by Gesch to approve the minutes of the May 19, 2009
joint Council /Planning Commission meeting. All voted in favor. Motion carried.
MOTION by Osmek, seconded by Gesch to approve the minutes of the May 26, 2009
regular meeting. The following voted in favor: Osmek, Hanus and Gesch. The following
Mound City Council Minutes — June 9, 2009
voted against: None. Skinner abstained from voting because he was absent from that
meeting. Motion carried.
17. Miscellaneous /Correspondence
A. Comments /reports from Councilmembers
B. Reports: Engineering Projects status — June 2, 2009
Fire Commission Agenda — May 20, 2009
Harbor Wine & Spirits — May 2009
C. Minutes: Planning Commission — May 19, 2009
Docks & Commons Commission - May 21, 2009
18. Adiourn
MOTION by Osmek, seconded by Skinner to adjourn at 10:14 p.m. All voted in favor.
Motion carried.
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Attest: Bonnie Ritter, City Clerk
Mayor Mark Hanus
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