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2004-01-13MOUND CITY COUNCIL MINUTES JANUARY 13, 2004 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January 13, 2004, at 7:00 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Mark Hanus, David Osmek and Peter Meyer. Members Absent: Councilmember Bob Brown. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Jeff Andersen, Jeremy & Shannon Brown, Jodi Rahn, Chris Pounder, Rick Todd, Cheryl Fischer, Alice Parsons, Jim Kurtz, Shirley Hawks, Rick Williams, Nathan Bostrom, Tom Latcham, Greg Pederson and family. 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 & PLEDGE OF ALLEGIANCE Mayor Meisel called the meeting to order at 7:00 p.m. and the Pledge of Allegiance was recited. 2. SWEARING-IN OF FIRE CHIEF GREG PEDERSON City Manager Kandis Hanson swore in Greg Pederson as Fire Chief for the City of Mound. 3. RECESS FOR RECEPTION Mayor Meisel announced that there would a reception to honor Greg Pederson and the meeting would reconvene at 7:30. 4. RECONVENE AT 7:30 P.M. Mayor Meisel reconvened the Council meeting at 7:30 p.m. 5. APPROVE AGENDA MOTION by Hanus, seconded by Osmek to approve the agenda. All voted in favor. Motion carried. 6, CONSENT AGENDA Meisel requested the removal of 6D because she plans on abstaining from voting on this item. Meyer requested the removal of items 6A,6K, and 6M. Mound City Council Meeting- January 13, 2004 MOTION by Hanus, seconded by Osmek to approve the consent agenda, less items A,D,K & M. Upon roll call vote, all voted in favor. Motion carried. A. (removed) B. Approve payment of claims in the amount of $361,833.10. C. RESOLUTION NO. 04-01: RESOLUTION APPOINTING GINO BUSINARO, FINANCE DIRECTOR, AS ACTING CITY MANAGER FOR 2004. D. (removed) E. RESOLUTION NO. 04-02: RESOLUTION APPROVING THE PURCHASE OF AT LEAST A $20,000 BOND FOR THE CITY CLERK. F. RESOLUTION NO. 04-03: RESOLUTION APPROVING THE PURCHASE OF AT LEAST A $20,000 BOND FOR THE CITY TREASURER/FINANCE DIRECTOR. G. RESOLUTION NO. 04-04: RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR 2004 H. RESOLUTION NO. 04-05: RESOLUTION APPOINTING MARK HANUS AS ACTING MAYOR FOR 2004. I. RESOLUTION NO. 04-06: RESOLUTION TO APPOINT JIM FACKLER AS ASSISTANT WEED INSPECTOR FOR 2004. J. RESOLUTION NO. 04-07: RESOLUTION APPOINTING MARK HANUS TO THE DOCKS AND COMMONS COMMISSION, DAVID OSMEK TO THE PLANNING COMMISSION, AND BOB BROWN TO THE PARKS AND OPEN SPACE COMMISSION. K. (removed) L. Approve Fix Assets Policy, effective January 1,2004, as presented. M. (removed) N. Approve recommendations for citizen appointments to commissions: 1. Planning Commission: Cklair Hasse and David Miller 2. Docks and Commons Commission: Michelle Olson O. RESOLUTION NO. 04-08: RESOLUTION AUTHORIZING THE INSTALLATION OF STOP SIGNS P. Approve kennel license for Mound Police Department as requested. Q. RESOLUTION NO. 04-09: RESOLUTION APPROVING AN EXTENSION OF THE LICENSE AGREEMENT WITH HENNEPIN COUNTY REGARDING ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATA BASE AND AUTHORIZING THE CITY MANAGER TO SIGN THE EXTENSION AGREEMENT R. RESOLUTION NO. 04-10: RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE A PERMANENT DRIVEWAY EASEMENT FOR REALIGNMENT OF COUNTY ROAD 15 AND OTHER PUBLIC PURPOSES. S. RESOLUTION NO. 04-11: RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN EASEMENTS FOR REALIGNMENT OF COUNTY ROAD 15 AND OTHER PUBLIC PURPOSES. 2 Mound City Council Meeting - January 13, 2004 T. RESOLUTION NO. 04-12: RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN REAL ESTATE FOR REALIGNMENT OF COUNTY ROAD '15 AND OTHER PUBLIC PURPOSES. U. Approve Letter of Undertaking with Northern States Power Company as presented. V. Approve addendum to extend current recycling contract. 4A. APPROVE OF MINUTES Meyer explained that he requested that this item be removed from the consent agenda to discuss page 9 of the minutes where Mayor Meisel states that to date the taxpayers have not paid anything toward the development that's going on and this is paid by respective developers. Meyer stated this bothered him and wants to state for the public that the City of Mound has been running up a debt on redevelopment and last Spring approved the sale of a 2.3 million bond to pay for a good share of that past debt. The portion of that bond that will be on this year's levy is $139,000 that taxpayers will have to pay on that. Meisel stated clarification, being that these tax increment funds will be reimbursed and won't be out of the taxpayers' pocket. John Dean added that typically cities issue Tax Increment General Obligation Bonds and pledge the tax increment monies for payment of those bonds. At the time the bonds as issued they don't have money in hand to make payments but money will come back to the city in flow of tax increment. It's right that initially early payments of the bond come from the city if there is not sufficient tax increment, but the expectation is that tax increment funds will be sufficient to cover payments and reimburse the City for payments made in early years. MOTION by Hanus, seconded by Osmek to approve the minutes of the December 9, 2003 regular meeting and the December 23, 2003 special meeting. All voted in favor. Motion carried. 4D. APPROVE RESOLUTION DESIGNATING THE LAKER AS THE OFFICIAL NEWSPAPER FOR 2004. Mayor Meisel requested removal of this item from the consent agenda so that she could abstain from voting, as she and her husband own the building that houses The Laker. MOTION by Osmek, seconded by Hanus to adopt the following resolution. The following voted in favor: Hanus, Osmek and Meyer. The following voted against: None. Mayor Meisel abstained from voting. Motion carried. RESOLUTION NO. 04-13: RESOLUTION DESIGNATING THE LAKER AS THE OFFICIAL NEWSPAPER FOR 2004. 3 Mound City Council Meeting- January 13, 2004 4K. APPROVE AMENDMENT TO 2004 FEE SCHEDULE Meyer stated that the approval of a 10% increase for the sewer and water rates is included in the proposed fee schedule. He is not opposed to the increase in revenues, but opposed to how they are charged against residents. He thinks it's unfair and should be used on a pay as you use system. Hanus stated that it is based on how much you use and Meyer stated that there is a base fee and many residents don't use enough water to cover the base fee. Meisel stated she thought Meyer requested a comparison study and it was a wash as to dollars and how they would equate. Meyer state this was discussed in budget meetings. Hanus stated what we have is standard and similar to other cities. Osmek asked Meyer if he had an alternative proposal if disagrees with the present. MOTION by Osmek, seconded by Hanus to adopt the following resolution. The following voted in favor: Hanus, Osmek and Meisel. The following voted against: Meyer. Motion carried. RESOLUTION NO. 04-14: RESOLUTION ADOPTING FEE SCHEDULE 4M. PLANNING COMMISSION RECOMMENDATIONS 1. Case #03-45: Tom Latcham, 4711 Island View Drive, variance Meyer requested that this be removed from the consent agenda for clarification. He stated that it was a request for a side yard garage variance. The Planning Commission voted against it and the Council decided that a resolution should be brought forward for approval. He stated he can't support this because there is no hardship and there is no consistency here, and doesn't believe that a 40' wide garage should go on a 50' wide lot on Island View Drive. It doesn't fit it and he thinks it's a good time for the applicant to clean it up and make one less encroachment in Mound and make it a conforming structure. Osmek stated that the Planning Commission did disapprove this, but there was considerable discussion regarding it. He doesn't think the City should dictate that a resident with a four-car garage can't fix it up and bring it into good order and make it a long-lasting structure. It was noted that this variance was approved in 1995 but not acted upon. MOTION by Osmek, seconded by Hanus to adopt the following resolution. The following voted in favor: Osmek, Hanus and Meisel. The following voted against: Meyer. Motion carried. RESOLUTION NO. 04-15: RESOLUTION TO APPROVE A SIDE YARD SETBACK VARIANCE TO ALLOW RENOVATION OF A DETACHED GARAGE AT 4711 ISLAND VIEW DRIVE. P&Z CASE #03-45, PID #30-117-23-22-0051 4 Mound City Council Meeting- January 13, 2004 2. Case #03-49: Nadeau, 4852 Lanark Road 3. Case #03-40/41: Oak (Hanson), 2175 Noble Lane MOTION by Osmek, seconded by Hanus to adopt the following two resolutions. All voted in favor. Motion carried. RESOLUTION NO. 04-16: RESOLUTION APPROVING A MINOR SUBDIVISION FOR THE PROPERTY LOCATED AT 4852 LANARK ROAD, P&Z CASE #03-49, PID #24-117-24-44-0035. RESOLUTION NO. 04-17: RESOLUTION APPROVING A MINOR SUBDIVISON AND 1-FOOT FRONT SIDE SETBACK VARIANCE FOR THE EXISTING HOUSE LOCATED AT 2175 NOBLE LANE. P&Z CASE #03-40/41, PID#13-117-24-31-0017 7. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA None were offered. 8. ACTION ON PROPOSED AMENDMENT TO MCMD RULE M (WETLAND BUFFERS) TO APPLY TO LAKES AND STREAMS Hanus stated that this resolution is very close to the one adopted last year, and he thinks it clearly states their position. To support Rule M like they have now means the Council is willing to take away people's use of their property and affect their rights in exchange for a rule that has not one shred of evidence or proof that it would do any good. He asked for proof a year ago and didn't receive any evidence or scientific data to support their claims. The MCWD is asking the Council to negatively affect a citizen's rights on their demand and he won't do it. He's completely in support of the resolution of denial. Sarah Smith was asked to give background of Rule M and stated that the new amendment key is that the existing Rule M applies to wetlands, but the new amendment also affects designated lakes, streams, rivers and anything designated as public water. This has significant bearing on our City because of our water area. She informed the council that the public hearing is upcoming and public comments will be accepted until January 21st. Meyer quoted from the Rule M guidance document obtained from the Watershed. Discussion followed regarding validity of data and it was determined that no scientific data was included in this guidance document. MOTION by Osmek, seconded by Hanus to adopt the following resolution. The following voted in favor: Hanus, Osmek and Meisel. The following voted against: Meyer. Motion carried. 5 Mound City Council Meeting- January 13, 2004 RESOLUTION NO. 04-18: RESOLUTION OPPOSING THE PROPOSED AMENDMENTS TO MINNEHAHA CREEK WATERSHED DISTRICT (MCWD) RULE M TO EXPAND AND INCREASE THE MINIMUM BUFFER REQUIREMENTS. 9. CONSIDERATION/ACTION ON PROPOSAL FOR ALL-TERRAIN VEHICLE FROM POLICE DEPARTMENT Police Chief Kurtz presented a proposal to the Council for purchase of an all-terrain vehicle for use by the Police Department and other departments as needed. MOTION by Osmek, seconded by Meisel to approve purchase of a 2004 Yamaha Kodiak 450 4 x 4 by taking $7,468.06 from the $25,000 budgeted for the 2004 Crown Victoria Police Interceptor and reimbursing that money from the DWI Seizure Account. All voted in favor. Motion carried. 10. INFORMATION/MISCELLANEOUS A. Newsletter: Gillespie Center B. Letter: Mediacom C. Calendar, LMCC D. Report: Finance Department, November 2003. 11.ADJOURN MOTION by Osmek, seconded by Hanus to adjourn at 8:35 p.m. Motion carried. All voted in favor. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 6