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2006-03-28^ MOUND CITY COUNCIL MINUTES MARCH 28, 2006 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 28, 2006, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers David Osmek, Bob Brown, Mike Specht, and John Beise. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Finance Director Gino Businaro, Steve Coddon, Amanda Schwarze, Parks Director Jim Fackler, Fire Chief Greg Pederson, Firefighters Jeff Anderson, Rick Williams, and Greg Palm, 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 7:30 p.m. 2. Pledge of Allegiance 3. Approve Agenda MOTION by Specht, seconded by Brown to approve the agenda. All voted in favor. Motion carried. 4. Consent Agenda Brown requested the removal of Item B from the consent agenda for discussion. MOTION by Specht, seconded by Beise to approve the items on the consent agenda, with the exception of Item 4B. All voted in favor except Meisel who expressed her wish to abstain from voting on Item A because she did not attend that meeting. Motion carried. A. Approve minutes of March 14, 2006 B. (removed) C. RESOLUTION NO. 06-39: RESOLUTION APPROVING A GAMBLING PREMISES PERMIT RENEWAL FOR AMERICAN LEGION POST 398 D. RESOLUTION NO. 06-40: RESOLUTION APPROVING A GAMBLING PREMISES PERMIT RENEWAL FOR V.F.W. POST #5113 Mound City Council Minutes -March 28, 2006 E. Approve Payment Request No. 3 from Chicago Bridge & Iron in the amount of $99,697.99 for the Chateau Lane Watertower F. Approve Payment Request from Buffalo Bituminous in the amount of $47,515.54 for the 2005 Street Reconstruction Project G. Approve Payment Request from Barr Engineering for Work Order #3 in the amount of $1,143.24 for Remedial Action at Lost Lake. H. RESOLUTION NO. 06-41: RESOLUTION APPROVING A MINOR SUBDIVISION AND VARIANCE FOR THE PROPERTY LOCATED AT 5129 WATERBURY ROAD. P&Z CASE #05-65 AND 06-10. PID #25- 117-24-12-0245. I. RESOLUTION NO. 06-42: RESOLUTION APPROVING A MINOR SUBDIVISION FOR THE PROPERTY LOCATED AT 2974 OAKLAWN LANE. P&Z CASE #06-03. PID #23-117-24-31-0096 4B. Approve Payment of Claims Brown asked about the bill in the amount of $1,450 from Concept Landscaping for Sand Blanket at Chester Park. Jim Fackler was in the building and will report on this when he arrives in the council chambers. MOTION by Specht, seconded by Brown to approve the payment of claims in the amount of $325,977.50 (this does not include the $1,450 for Concept Landscaping). Upon roll call vote, all voted in favor. Motion carried. MOTION by Osmek, seconded by Brown to reconsider the consent agenda, less item B, because of the manner in which it was approved. All voted in favor. Motion carried. MOTION by Osmek, seconded by Brown to approve Item 4A on the Consent Agenda. The following voted in favor: Osmek, Brown, Specht and Beise. The following voted against: None. Mayor Meisel abstained from voting. Motion carried. MOTION by Osmek, seconded by Brown to approve Items 4C through 41 of the Consent Agenda. All voted in favor. Motion carried. Jim Fackler explained that the bill for $1,450 from Concept Landscaping is for sand addition to Chester Park and Bluffs Beach. Sand for these two locations must be transported across the ice, which accounts for additional transportation costs. MOTION by Brown, seconded by Specht to approve the payment to Concept Landscaping in the amount of $1,450.00. Upon roll call vote, all voted in favor. Motion carried. 2 ^ Mound City Council Minutes -March 28, 2006 5. Comments and suggestions from citizens present on any item not on the agenda. -None were offered. Mayor Meisel stepped down and Acting Mayor Beise presided over the next portion of the meeting, due to a possible perceived conflict of interest because of the Mayor's ownership of property in the redevelopment area. 6. Public Hearing Major Subdivision -Villas on Lost Lake 2nd Addition Sarah Smith reviewed the major subdivision (preliminary/final plat) and development plans for the Villas on Lost Lake 2nd Addition which were submitted by Mound Harbor Renaissance Development, LLC for the Lost Lake District and includes 37 townhomes and a 12,500 sq. ft. commercial building. The preliminary plat, land use applications and development plans for the Villas on Lost Lake were previously approved by the Council on May 31, 2005 and the final plat was approved on Au~ust 9, 2005. MHRD has submitted a replat entitled "Villas of Lost Lake 2n Addition" to modify the boundary lines and to adjust interior lot lines within the development. Acting Mayor Beise opened the public hearing at 7:45 p.m. Chuck Alcon, Project Manager for Lost Lake, presented pictures of the dredge performed by Veit Companies in the Lost Lake area. He stated that framing of the first phase of townhomes has started. Upon hearing no public comment, Acting Mayor Beise closed the public hearing at 7:48 p.m. A. MOTION by Brown, seconded by Specht to adopt the following resolution. The following voted in favor: Osmek, Brown, Specht and Beise. The following voted against: None. Mayor Meisel abstained from voting. Motion carried. RESOLUTION NO. 06-43: RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL TO SUBDIVIDE PROPERTY (VILLAS ON LOST LAKE 2ND ADDITION) CASE #06-12. B. MOTION by Brown, seconded by Specht to adopt the following resolution. The following voted in favor: Osmek, Brown, Specht and Beise. The following voted against: None. Mayor Meisel abstained from voting. Motion carried. RESOLUTION NO. 06-44: RESOLUTION GRANTING NECESSARY PDA AND CUP AMENDMENTS, AND REAFFIRMING VARIANCES FOR THE MOUND -- HARBOR RENAISSANCE LOST LAKE DISTRICT. CASE #06-15 AND 06-16. 3 Mound City Council Minutes -March 28, 2006 7. Planning Commission Recommendations A. Subdivision Exemption (Case #06-14) MOTION by Brown, seconded by Specht to adopt the following resolution. The following voted in favor: Osmek, Brown, Specht and Beise. The following voted against: None. Mayor Meisel abstained from voting. Motion carried. RESOLUTION NO. 06-45: RESOLUTON TO APPROVE SUBDIVISION EXEMPTION APPLICATION FOR THE CITY OF MOUND FOR THE SUBDIVISION OF CITY PROPERTY. CASE #06-14. B. MOTION by Brown, seconded by Specht to adopt the following resolution. The following voted in favor: Osmek, Brown, Specht and Beise. The following voted against: None. Mayor Meisel abstained from voting. Motion carried. RESOLUTION NO. 06-46: RESOLUTION DETERMINING CONFORMITY WITH ADOPTED COMPREHENSIVE PLAN AND AUTHORIZING CONVEYANCE OF CITY-OWNED LAND TO MOUND HARBOR RENAISSANCE DEVELOPMENT, LLC FOR THE VILLAS ON LOST LAKE 2ND ADDITION AS RECOMMENDED BY THE PLANNING COMMISSION C. MOTION by Brown, seconded by Specht to adopt the following resolution. The following voted in favor: Osmek, Brown, Specht and Beise. The following voted against: None. Mayor Meisel abstained from voting. Motion carried. RESOLUTION NO. 06-47: RESOLUTION GRANTING FINAL PLAT APPROVAL FOR THE VILLAS ON LOST LAKE 2ND ADDITION -PLANNING CASE #06-17. D. MOTION by Brown, seconded by Specht to adopt the following resolution. The following voted in favor: Osmek, Brown, Specht and Beise. The following voted against: None. Mayor Meisel abstained from voting. Motion carried. RESOLUTION NO. 06-48: RESOLUTION AUTHORIZING AND DIRECTING THE AMENDMENT TO THE SUBDIVISION AGREEMENT FOR VILLAS ON LOST LAKE TO REFLECT THE REPEAT Mayor Meisel returned to preside over the remainder of the meeting. 8. Mound Fire Department A. 2005 Annual Report by Fire Chief Greg Pederson Greg Pederson presented the Fire Department 2005 Annual Report to the Council. No action necessary. 4 ,~ Mound City Council Minutes -March 28, 2006 B. Action on Fire Code Ordinance MOTION by Brown, seconded by Specht to pass the following ordinance. All voted in favor. Motion carried. ORDNANCE NO. 08-2006: AN ORDINANCE TO REPEAL SECTION 235 OF THE CITY CODE AS IT RELATES TO ADOPTION OF THE FIRE CODE AND OTHER FIRE RESTRICTIONS, AND ADOPTING THE 2003 MINNESOTA STATE FIRE CODE INCORPORATING THE 2000 EDITION OF THE INTERNATIONAL FIRE CODE, REGULATING AND GOVERNING THE SAFEGUARDING OF LIFE AND PROPERTY FROM FIRE AND EXPLOSIVE HAZARDS ARISING FROM THE STORAGE, HANDLING AND USE OF HAZARDOUS SUBSTANCES, MATERIALS AND DEVICES, AND FROM CONDITIONS HAZARDOUS TO LIFE OR PROPERTY IN THE OCCUPANCY OF BUILDINGS AND PREMISES IN THE CITY OF MOUND AND PROVIDING FOR THE ISSUANCE OF PERMITS FOR HAZARDOUS USES OR OPERATIONS C. Action on Purchase of a Rescue Truck Chief Pederson presented pictures to the Council of a used rescue truck being sold by the Eden Prairie Fire Department. Mound's present rescue truck is 20 years old and needs replacement. MOTION by Brown, seconded by Osmek to approve purchase of the used rescue truck from the Eden Prairie Fire Department for $55,000. All voted in favor. Motion carried. D. Consideration/Action on Fire Contract Formula Change Proposal Fire Chief Greg Pederson presented five fire contract formula options for consideration. The present formula has Mound paying 55% of the annual operating budget, and other member cities paying 45%. The Fire Committee Subcommittee agreed on a proposed fire contract formula change (option #4) that would go into effect in January 2007. This option has four allocation components; utilization (20% of firefighter personnel hours), value (20% of market valuation of land), value (30% of market valuation of structure), and population (30% of population for each city). MOTION by Brown, seconded by Osmek to approve Option #4 as presented above and recommended by the Mound Fire Commission, to be effective January 2007, and to propose to all service area cities a five year contract term length and three year cancellation clause notice. All voted in favor. Motion carried. 5 Mound City Council Minutes -March 28, 2006 9. Dock Program A. Action on Ordinance Amending Section 437 of the City Code as it Relates to Dock and Slip Licenses Jim Fackler reviewed the propose changes shown in the ordinance. MOTION by Beise, seconded by Specht to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 09-2006: ORDINANCE AMENDING SECTION 437 OF THE CITY CODE AS IT RELATES TO THE DOCK AND SLIP LICENSES B. Action on Fee Schedule There will be two resolutions presented because the Council is not in consensus as to all of the fee changes proposed. MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-49: RESOLUTION ADOPTING FEE SCHEDULE (with changes to sections 437.01 and 437.12) MOTION by Specht, seconded by Beise to adopt the following resolution. Brown stated he will vote against this resolution because the City no longer has a Docks Commission. Meisel brought to his attention that included in the agenda packet is a list of the newly named Parks, Open Space and Docks Commission members, and that abutters, non-abutters and the waiting list are all represented. The majority of the commission is in the docks program and is very concerned with the program's dollars. Brown stated that he feels the docks should have their own commission and not be part of the parks. The following voted in favor of the foregoing motion: Specht, Beise and Meisel. The following voted against: Brown and Osmek. Motion carried. RESOLUTION NO. 06-50: RESOLUTION ADOPTING FEE SCHEDULE (with changes to section 437.25) 10. Miscellaneous/Correspondence A. Questions and comments from Councilmembers Brown questioned why the two smaller Andrews Sisters Trail signs hadn't been ordered along with the large one. Fackler stated he understood that the smaller ones were to be ordered when the rest of the downtown signs were ordered. After discussion it was confirmed that the two small signs should be ordered to match the larger cast aluminum sign. 6 Mound City Council Minutes -March 28, 2006 Brown proposed that the City recognize AI & Alma's Supper Club for their 50th year of being in business in Mound. Hanson will contact them to get the exact dates and prepare something for a future council meeting. B. Reports: Budget Report -February 2006 C. Correspondence: Letter of Resignation from Damon Hardina Met Council LMC Friday Fax 11. Adlourn MOTION by Specht, seconded by Beise to adjourn at 8:30 p.m. All voted in favor. Motion carried. __.. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 7