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2006-01-10,~ MOUND CITY COUNCIL MINUTES JANUARY 10, 2006 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January 10, 2006, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise and David Osmek. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Police Chief Jim Kurtz, June McCarthy, Jim Fretham, Shawn Ness, Mary Soderlund, Jim Funk, Andrea Ahrens 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 and Pledge of Allegiance -- Mayor Meisel called the meeting to order at 7:30 p.m., followed by the Pledge of Allegiance. 2. Approve Agenda Meisel requested the removal of item 3M on request of the applicant, to give June McCarthy an opportunity to review the agreement. Specht requested the removal of item 36 for discussion, and Brown requested the removal of item 3G. MOTION by Specht, seconded by Beise to approve the agenda as amended. All voted in favor. Motion carried. 3. Consent Agenda A. Approve minutes of the December 13/16, 2005 regular meeting. B. (removed) C. RESOLUTION NO. 06-01: RESOLUTION APPOINTING GINO BUSINARO, FINANCE DIRECTOR, AS ACTING CITY MANAGER FOR 2006 D. RESOLUTION NO. 06-02: RESOLUTION APPROVING THE PURCHASE OF AT LEAST $20,000 BOND FOR THE CITY CLERK E. RESOLUTION NO. 06-03: RESOLUTION APPROVING THE PURCHASE OF AT LEAST $20,000 BOND FOR THE CITY TREASURER/FINANCE DIRECTOR F. RESOLUTION NO. 06-04: RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR 2006 Mound City Council Minutes -January 10, 2006 G. (removed) H. RESOLUTION NO. 06-05: RESOLUTION APPOINTING CITY COUNCIL MEMBERS AS REPRESENTATIVES OF THE CITY COUNCIL I. RESOLUTION NO. 06-06: RESOLUTION TO APPOINT PARKS SUPERINTENDENT JIM FACKLER AS ASSISTANT WEED INSPECTOR FOR 2006 J. Approve recommendations for citizen appointments 1. Planning Commission -three year terms Jorj Ayaz, Becky Glister, and Orv Burma 2. Parks, Open Space and Docks Commission -three year terms (staggered) Jim Funk, Derrick Hentz, Don Heywood, Mike Mason, Michelle Olson, Sue Pilling, and Teri Turner K. RESOLUTION NO. 06-07: RESOLUTION APPROVING AN EXTENSION OF THE LICENSE AGREEMENT (#A14569) WITH HENNEPIN COUNTY REGARDING ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATA BASE (EPDB) AND AUTHORIZING THE CITY MANAGER TO SIGN THE EXTENSION AGREEMENT L. RESOLUTION NO. 06-08: RESOLUTION RELATING TO CERTAIN HAZARDOUS PROPERTY: PROVIDING FOR THE COLLECTION OF CERTAIN COSTS BY SPECIAL ASSESSMENT PURSUANT TO MINNESOTA STATUTES, SECTION 463.15, ET.SEQ. M. (removed for consideration at future meeting) N. RESOLUTION NO. 06-09: A RESOLUTION APPROVING FRONT SETBACK VARIANCE FOR UPPER ADDITION FOR PROPERTY LOCATED AT 2636 WILSHIRE BOULEVARD. PS~Z Case #05-70, PID #24-117-24-13-0027. O. RESOLUTION NO. 06-10: RESOLUTION REGARDING MUNICIPAL STATE AID FUNDS ADVANCE 3B. Approve Payment of Claims Specht requested that this be removed from the consent agenda because two pages were duplicated in the packet, and he wanted to make sure that duplicate payments were not made on these bills. MOTION by Specht, seconded by Beise to approve payment of claims in the amount of $534,528.66. Upon roll call vote, all voted in favor. Motion carried. 2 Mound City Council Minutes -January 10, 2006 3G. Adopt a resolution appointing Councilmember John Beise as Acting Mayor for 2006. Brown requested this be removed from the consent agenda because wants a roll call vote recorded for this item. MOTION by Specht, seconded by Brown to have a roll call vote recorded on this item. All voted in favor. Motion carried. MOTION by Specht, seconded by Beise to adopt the following resolution. Upon roll call vote, the following voted in favor: Specht, Beise and Meisel; the following voted against: Brown and Osmek. Motion carried. RESOLUTION NO. 06-11: RESOLUTION APPOINTING COUNCILMEMBER JOHN BEISE AS ACTING MAYOR FOR 2006 4. Comments and suggestions from citizens present on any item not on the agenda. Jim Funk, 2940 Oaklawn Lane, requested to talk to the Council about them voting to move the City Manager up on the dock waiting list and waive her dock fees. He has been approached by a number of people enraged about this and hesitates to comment because he doesn't know the facts. City Attorney John Dean explained that he hasn't done an exhaustive investigation, but they all agree that the city council has the authority to regulate activities on the public commons and among the things they are authorized to do is allocate and assign slips and dock usage on the commons and do this in various ways. They clearly have the authority to do that. In this instance it would appear that a couple of activities have been combined, being the council's legitimate role in assigning docks and slips on the commons and their role in securing qualified and capable city employees and compensating them appropriately. In this case, through policy decision, the council concluded that it was appropriate as part of the compensation package of the City Manager, to provide her with a slip on the commons as a condition or component of her compensation. There is legal authority for what the council did. Funk asked if the council felt it was an ethical move and Meisel repeated that it was part of the compensation package. Osmek commented that he and Councilmember Brown were against this portion, but shouldn't pick out that item to not provide Hanson the reward for exceptional service for the whole year. Beise also commented that it is part of her compensation package and when she is no longer an employee of the City, she will no longer have that dock. It was awarded to her for as long as she is employed with the City. The dock goes away when her compensation goes away. Specht also commented that it was part of the compensation package, and she wasn't moved up the waiting list. 3 Mound City Council Minutes -January 10, 2006 Brown stated he voted for the total compensation package and asked Dean if the Council has the right to move someone from 10th to 1St on the waiting list. Dean stated that absent the unusual circumstance here, which is the compensation for the City Manager, the City Council unanimously agreed on the whole package and it made good sense to do it that way. As long as the city has an allocation system in place for assigning slips and dock permits on an annual basis, other than unusual circumstances, it would be well advised to follow the program that's in place. The Council can always change that program. Brown stated that until they got rid of the Dock's Commission they did a good job of regulating the program and think that if the list is there, they shouldn't deviate from that. 5. Public Hearings A. Case No. 05-59: Vacation of a portion of unimproved Lake Street -abutting properties at 5951/5945 Lynwood Boulevard. Sarah reviewed the application from Shawn Ness and Mary Soderlund to vacate a portion of unimproved Lake Street which abuts their property located at 5951 and 5945 Lynwood Boulevard. She indicated that staff and the Planning Commission recommend approval of the request with conditions. Brown asked what the difference was between this request and the one from Mr. Peterson for a portion of Halstead Lane? Smith stated that staff didn't recommend the one on Halstead because there were utilities present plus the undecided future of a proposed development in that area and the fact that the property adjacent to this portion of Lake Street can't be developed for any residential purposes. Mayor Meisel opened the public hearing at 7:54 p.m., and upon hearing no comment, closed the hearing at 7:55 p.m. MOTION by Brown, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-12: RESOLUTION TO APPROVE THE VACATION OF A PORTION OF UNIMPROVED LAKE STREET ADJACENT TO PROPERTIES LOCATED AT 5951 AND 5945 LYNWOOD BOULEVARD. P&Z CASE #05-59. B. Case No. 05-84: Rezoning proposal for property at 5680 Bartlett Blvd., by the Gillespie Senior Center Sarah Smith stated that this request has been recommended for approval by the Planning Commission and she received an inquiry from an interested neighbor indicating that they would like to take part in the hearing and asked if it could be continued to January 24th, as they are out of town at this time. Mayor Meisel opened the public hearing at 7:58 p.m. 4 ^ Mound City Council Minutes -January 10, 2006 MOTION by Osmek, seconded by Beise to continue the public hearing until Janaury 24, 2006 meeting. All voted in favor. Motion carried. 6. Action on False Alarm Ordinance Police Chief Jim Kurtz reviewed the proposed ordinance and the justification for such an ordinance. Discussion took place regarding the fees for false alarms, as some councilmembers felt that the fees should be higher for repeat offenders. Kurtz stated that the proposed fees are in line with what neighboring communities charge and he thinks they are appropriate. MOTION by Brown, seconded by Specht to adopt the following ordinance. Brown added a friendly amendment that the fees for the false alarms be reviewed after one year and Specht accepted the amendment. All voted in favor. Motion carried. ORDINANCE NO. 01-2006: AN ORDINANCE ESTABLISHING CHAPTER 940 OF THE CITY CODE TO REGULATE THE USE OF ALARM SYSTEMS TO SUMMON PUBLIC SAFETY AND ESTABLISHING USER FEES FOR FALSE ALARMS. 7. Action on Approving Declaration of Covenants for Lost Lake MOTION by Brown, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-13: RESOLUTION APPROVING THE DECLARATION OF COVENANTS FOR PRESERVATION OF UNDEVELOPED, PUBLIC LAND IN LOST LAKE 8. Action on Right of Entry Agreement for property located at 7601 County Road 110 West, Minnetrista, MN MOTION by Beise, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-14: RESOLUTION APPROVING THE RIGHT OF ENTRY AGREEMENT FOR NEW WETLAND TO BE CONSTRUCTED ON PROPERTY LOCATED AT 7601 COUNTY ROAD NO. 110 IN MINNETRISTA, MINNESOTA 9. Planning Commission Case Case No. 05-74: variance for front/corner setback for new detached garage at 2308 Fernside Lane Sarah Smith reviewed the application for a variance request from fames Bretham to allow a reduced front setback of ten feet from the north property line abutting Shoreline Drive for a new detached garage to be constructed on the property at 2308 Fernside Lane. There was not a resolution for approval or denial included 5 Mound City Council Minutes -January 10, 2006 in the packet because of the Planning Commission recommends denial and staff recommends approval. There was discussion as to whether the foundation of the house could withstand the addition of an attached garage on the west side of the house as an alternative to what the applicant has requested. The applicant was present and could not answer that question but agreed to get this information. MOTION by Osmek, seconded by Beise to table action on this item to a future meeting to allow the applicant to obtain additional information as discussed. All voted in favor. Motion carried. 10. Review/Discussion/Request for Action on Mound Shoreland Flexibility Request Sarah stated that the DNR raised a number of issues regarding the City's lot requirements as referenced in city Code 3350.1225, Subd. 1 (Shoreland Regulations Lot Area and Width Standards). The request would allow flexibility in the shoreland regulations as allowed by Minnesota Rules 6120.2800 subd. 3. MOTION by Brown, seconded by Specht to approve the Flexibility Request and submittal of the document to the DNR. All voted in favor. Motion carried. 11. Review/Discussion/Request for Action -Minimum Lot Size for Planned Development (PDA) Smith explained the perceived need to revise the Zoning Ordinance as it refers to minimum lot size requirements for PDA's. It was the consensus of the Council to remand this to the Planning Commission for their review and recommendation. 12. Designation of The Laker as Official Newspaper for 2006 Meisel stated that she will be abstaining from voting on this item because she is an owner of the building the houses The Laker. MOTION by Specht, seconded by Beise to adopt the following resolution. The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: none. Meisel abstained from voting. Motion carried. RESOLUTION NO. 06-15: RESOLUTION DESIGNATING THE LAKER AS OFFICIAL NEWSPAPER FOR 2006 6 a Mound City Council Minutes -January 10, 2006 13. Action on Public Gathering Permit Application from Upper Minnetonka Sailing School It was noted that the date requested as been changed from July 7 to July 21. MOTION by Brown, seconded by Specht to approve the Public Gathering Permit for July 21, 2005, for Upper Minnetonka Sailing School to hold a youth sailing regatta at Mound Bay Park, and not to waive the normal permit fee. All voted in favor. Motion carried. 14. Information/Miscellaneous A. Reports: Finance Department -November 2005 Liquor Store -December 2005: Brown congratulated the management and employees for a fabulous December. B. Newsletters: Andrews Sisters Trail Donation C. Correspondence: Metropolitan Council Hennepin County 15. Adiourn MOTION by Specht, seconded by Brown to adjourn at 8:58 p.m. All voted in favor. Motion carried. j~~~y~ Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 7