2006-12-12
MOUND CITY COUNCIL MINUTES
DECEMBER 12, 2006
The City Council of the City of Mound, Hennepin County, Minnesota, met in
regular session on Thursday, December 12, 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, City
Engineer Dan Faulkner, Public Works Director Carlton Moore, Police Chief Jim
Kurtz, Congressman Jim Ramstad, Parks Superintendent Jim Fackler, Finance
Director Gino Businaro, Chuck Alcon, Karen Alcon, Dan Niccum, Deb Williams,
Jane Skinner, Greg Skinner, patty Guttormson, Joan Bren, Kristin Beise, Steve
Sheop, Tony Kesler, Marie Jorland, Dave & Sherry Hughes, Ed Kodet, Dave
Hughes, Brian, Bob and Betty Mahen, Steve Coddon, Steve & Shiela Carlson,
Mike Schulz, Bruce & Patti Dodds, Dave Laube, Ray Salazar, Cheryl Martin,
Karla Pederson, Mark hanus, Kurt Silton, Dean Pederson, Paul Holden, Stan
Wise, Shara Erickson, Pat & Tom Scherber, Eric Meisel, Fire Chief Greg
Pederson.
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 Beise, seconded by Specht to approve the agenda. All voted in
favor. Motion carried.
4. Special Recognition Award -Presidential Service Award to Mound
Police Reserve
Police Chief Jim Kurtz stated that Mound Reserve Offices have volunteered over
3500 hours in 2006, and introduced Congressman Jim Ramstad who presented
Presidential Service Awards to Lt. Thomas Berent, Officers Brian Clark, Jeremiah
Lee, Timothy Hughes, Tamie Steele, Lori Sande, Sgt. Jennifer Williams, Lt.
Patrick Hart, Mound Police Officer Paul Hooper (former reserve), and Police
Officer Eric Graham (now with Parker, CO Police Dept).
Mound City Council Minutes -December 12, 2006
Congressman Ramstad also presented Reserve Lt. Patrick Hart and Sgt.
Jennifer Williams with a Certificate of Special Congressional Recognition, given
to recognize outstanding individuals, departments and reserve units.
Congressman Ramstad also presented Certificates of Special Congressional
Recognition to outgoing Mayor Pat Meisel and Councilmember Bob Brown.
5. Presentation of parting gifts to outgoing Mayor Meisel and
Councilmember Bob Brown
Councilmember David Osmek and Mayor-Elect Hanus presented
Councilmember Brown with a flag that was flown over the Nation's Capitol on
November 14, 2006. This was followed by City Manager Kandis Hanson
presented gifts to outgoing Mayor Meisel and Councilmember Brown.
6. Recess for reception
There was a short recess at 8:01 p.m.
7. Reconvene meeting
Mayor Meisel reconvened the meeting at 8:16 p.m.
MOTION by Brown, seconded by Osmek to reconsider the agenda. All voted in
favor. Motion carried.
MOTION by Osmek, seconded by Brown to approve the agenda as amended,
with Item 19 becoming Item 13A, and Item 16 becoming Item 13B. All voted in
favor. Motion carried.
8. Consent Agenda
MOTION by Beise, seconded by Brown to approve the consent agenda. Upon
roll call vote, all voted in favor. Motion carried.
A. Approve minutes of November 28, 2006 regular meeting and December 4,
2006 special meeting
B. Approve payment of claims in the amount of $502,979.35
C. Approve Pay Requests:
1. Pay Request No. 7 from Hardrives, Inc., in the amount of
$29,535.58 for the 2006 Street Improvement Project
2. Pay Request No. 1 from Widner Construction in the amount of
$12,871.36 for the Cedar Lane Backyard Drainage Project
3. Pay Request No. 1 from Widmer Construction in the amount of
$34,415.46 for the Stirling/Tuxedo Intersection Drainage
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Mound City Council Minutes -December 12, 2006
D. RESOLUTION NO. 06-133: RESOLUTION APPROVING A MINOR
SUBDIVISION AND VARIANCE FOR THE PROPERTY LOCATED AT
5408 LYNWOOD BOULEVARD. P&Z CASE NO.06-41 & 06-47. PID
#13-117-24-33-0034 AND 13-117-24-33-0035.
E. ORDINANCE NO. 24-2006: AN ORDINANCE AMENDING SECTION
380 OF MOUND CITY CODE AS IT RELATES TO ESTABLISHING
LAND USE FEES FOR THE CITY OF MOUND
9. Comments and suggestions from citizens present on anv item not on
the agenda. Cheryl Fischer, Mayor of Minnetrista, thanked Mayor Meisel and
Councilmember Brown for their service and expressed appreciation on behalf
of the City of Minnetrista.
10. Public hearing
Planning Commission Case No 06-48/06-49/06-50 -Mound True Value/RayMar
Properties, Inc. fenced garden center proposal. Applicants,: City of
Mound/Mound HRA/Bruce & Patti Dodds (RayMar Properties, Inc.)
Sarah Smith reviewed the application from Bruce and Patti Dodds (Ray Mar
Properties, Inc.) for the use of the "corner parcel" in the Transit District as a
fenced garden center that would allow for sale and display of seasonal items
(i.e., flowers, spruce tips, autumn corn, wreaths, pumpkins, etc.) and other
related garden goods and supplies. This project also includes a transfer of
property from the City to the Dodds', and from the Dodds' to the city.
Smith explained that the parking impacts were discussed at the Planning
Commission. Parking would be moved easterly about 65'. Also, over 200
parking spaces will be added with the parking deck. She stated that the issue of
parking on the "John's Variety Block" was addressed in the parking demand
study and was found that that block basically functions on its own. The area
actually has parking surplus of five stalls.
Brown stated that the two-hour parking in that area will have to be enforced to
keep employees from taking the prime spots. Also, that pedestrians can walk on
the Dakota Trail when improved, as another access to John's from the east.
Meisel stated that parking has been an issue and continues to be, and that's the
reason for the new parking deck.
Osmek feels the design is a complement to downtown, but the parking issue still
concerns him because of the significant impact to John's Variety. There are a lot
of reasons to vote for this and a lot of reasons why not to vote for it. He is
concerned about parking for the businesses west of Commerce Blvd.
Mayor Meisel opened the public hearing at 8:47 p.m.
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Mound City Council Minutes -December 12, 2006
John Royer, of John's Variety & Pets, expressed concern over the taking of
parking on the southeast corner of CSAH 15 and Commerce Blvd, which is
currently used by his customers. He isn't against the garden center but doesn't
think it should be taking the ideal parking area of his side of town. He suggested
moving the garden center to the east to leave the parking on the corner.
Upon no further public comment, the hearing was closed at 8:50 p.m.
A. Action on Conditional Use Permit:
MOTION by Beise, seconded by Specht to adopt the following resolution. The
following voted in favor: Brown, Beise, Specht and Meisel. The following voted
against: Osmek. Motion carried.
RESOLUTION NO. 06-134: RESOLUTION APPROVING CONDITIONAL USE
PERMIT APPLIATIONS FROM RAY MAR PROPERTIES, INC. TO ALLOW A
SEASONAL GARDEN CENTER AND RELATED SITE IMPROVEMENTS ON
THE PROPERTY IDENTIFIED AS THE CORNER PARCEL WHICH IS
ADJACENT TO MOUND TRUE VALUE, 2250 COMMERCE BOULEVARD, IN
THE TRANSIT DISTRICT IN DOWNTOWN MOUND
B. Action on Subdivision Exemption
MOTION by Beise, seconded by Brown to adopt the following resolution. all
voted in favor. Motion carried.
RESOLUTION N0.06-135: RESOLUTION TO APPROVE SUBDIVISION
EXEMPTION APPLICATION(S) FOR THE CITY OF MOUND, MOUND
HOUSING AND REDEVELOPMENT AUTHORITY (HRA) AND RAY MAR
PROPERTIES, INC FOR PROPERTY IN THE TRANSIT DISTRICT IN
DOWNTOWN MOUND
C. Review and action on property conveyance for consistency with local
comprehensive plan
MOTION by Specht, seconded by Beise to adopt the following resolution. The
following voted in favor: Brown, Specht, Beise and Meisel. The following voted
against: Osmek. Motion carried.
RESOLUTION NO. 06-136: RESOLUTION DETERMINING CONFORMITY
WITH ADOPTED COMPREHENSIVE PLAN REGARDING CONVEYANCE AND
TRANSFER OF PROPERTY IN TRANSIT DITRICT OF AND BETWEEN THE
CITY OF MOUND, MOUND HOUSING AND REDEVELOPMENT AUTHORITY
AND RAY MAR PROPERTIES, INC.
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Mound City Council Minutes -December 12, 2006
D. Action authorizing transfer of City-owned property to Mound HRA, followed by
transfer to Ray Mar Properties, Inc. in accordance with HRA/Ray Mar Properties
Inc. land agreement
MOTION by Beise, seconded by Specht to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 06-137: RESOLUTION AUTHORIZNG THE TRANSFER
OF CITY-OWNED PROPERTY TO THE MOUND HOUSING AND
REDEVELOPMENT AUTHORITY FOR CONVEYANCE TO RAY MAR
PROPERTIES, INC. IN ACCORDANCE WITH THE LAND AGREEMENT
E. Action on public lands permit and variance for temporary area signage
MOTION by Brown, seconded by Osmek to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 06-138: RESOLUTION APPROVING A PUBLIC LANDS
PERMIT AND TEMPORARY SIGN PLAN FOR TRANSIT DISTRICT
MOTION by Osmek, seconded by Specht to recess to the HRA meeting at 9:07
p.m. All voted in favor. Motion carried.
11. Reconvene Mound Housing and Redevelopment Authority meeting
12. Adjourn Mound HRA Meeting
13. Reconvene City Council meeting
The Council meeting was reconvened at 9:17 p.m.
13A. Consideration and possible action on settlement with Buffalo
Bituminous on 2005 Street Reconstruction Project
John Dean stated that the City Council held a special meeting at 7:10 p.m. at
which time they went into executive session to receive reports from the Public
Works Director and legal counsel concerning a proposed settlement. At this
session the Council provided direction to legal counsel.
13B. Parks Division
A. Action on ordinance amending Section 700 of the Mound City Code as
it relates to traffic and motor vehicles
Parks Superintendent Jim Fackler explained the proposed changes that
would provide marked access for snowmobiles through commons and/or
parks. The second proposed ordinance, amending Section 705,
addresses speed within 100 feet of fishermen, pedestrians, skating rinks,
or sliding areas, and also has a provision prohibiting any snowmobile from
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Mound City Council Minutes -December 12, 2006
being driven in any area if the operation would conflict with or endanger
other persons or property, and address hours of operation.
Karla Pederson, 6252 Bartlett Blvd., as a member of the Westonka
Snowblazer Snowmobile Club stated appreciation to the city for
recognizing the need for access to the lake through the parks system.
The club promotes safe snowmobiling, and by providing a designated lake
access it keeps them from going where they are not wanted and provides
a safe access. Numerous citizens present showed support of this
ordinance by a show of hands. No one present objected to the proposed
ordinances.
Beise stated that the Parks and Docks Commission unanimously
recommended approval of these ordinances.
Osmek stated for the record that the Council received a letter from
Thomas Casey requesting that this item be removed from the agenda.
MOTION by Brown, seconded by Specht to pass the following ordinance.
All voted in favor. Motion carried.
ORDINANCE NO. 25-2006: AN ORDINANCE AMENDING SECTION
700 OF THE MOUND CITY CODE AS IT RELATES TO TRAFFIC AND
MOTOR VEHICLES -TRAFFIC REGULATIONS
MOTION by Beise, seconded by Osmek to pass the following ordinance.
All voted in favor. Motion carried.
ORDINANCE NO. 26-2006: AN ORDINANCE AMENDING SECTION
705 OF THE MOUND CITY CODE AS IT RELATES TO SNOWMOBILE
REGULATIONS
B. Action lifting moratorium on Dock Share for 2007, with conditions as
stated
Jim Fackler presented the boat and share counts for the last six years,
stating that the share moratorium has worked to achieve an acceptable
buffer to allow for flexibility for current program users. It is recommended
that the share moratorium be lifted but that the total number of share not
exceed 50.
MOTION by Brown, seconded by Osmek to lift the moratorium on shared
docks, but that the total number of share cannot exceed 50. All voted in
favor. Motion carried.
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Mound City Council Minutes -December 12, 2006
14. Proposed Public Works Facility Project
A. Action receiving Space Needs Study for Public Works Dividions
Public Works Director Carlton Moore provided the background of plans for a
proposed Public Works Facility. He introduced Ed Kodet who presented the
space needs study for a proposed Public Works Facility.
Osmek stated that as a general concept, he wants to move forward, but not
necessarily with the exact plan that was presented. Brown stated that he
wants to make sure that the city is open to looking at other location options
including existing locations that may be converted to a Public Works Facility,
i.e., the Balboa Building.
MOTION by Osmek, seconded by Brown to receive the space needs study.
All voted in favor. Motion carried.
B. Action authorizing market analysis for city-owned properties for potential
sale value
MOTION by Beise, seconded by Brown to authorize market analysis for city-
owned properties for potential sale value. All voted in favor. Motion carried.
15. 2007 Budget
A. Action on resolution approving the 2007 Final General Fund Budget and
setting levy and approving final overall budget for 2007.
Finance Director Gino Businaro gave a short summary of the proposed 2007
budget and levy figures.
MOTION by Specht, seconded by Beise to adopt the following resolution.
The following voted in favor: Specht, Beise and Meisel. The following voted
against: Brown and Osmek. Motion carried.
RESOLUTION NO. 06-139: RESOLUTION APPROVING THE 2007 FINAL
GENERAL FUND BUDGET IN THE AMOUNT OF $4,853,438; SETTING
THE LEVY AT $4,684,770; AND APPROVING THE FINAL OVERALL
BUDGET FOR 2007
B. Action on resolution approving the HRA levy not to exceed $173,281
MOTION by Osmek, seconded by Brown to adopt the following resolution. All
voted in favor. Motion carried.
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Mound City Council Minutes -December 12, 2006
RESOLUTION NO. 06-140: RESOLUTION APPROVING A LEVY NOT TO
EXCEED $173,281 FOR THE PURPOSE OF DEFRAYING THE COST OF
OPERATION, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY
OF MOUND FOR THE YEAR 2007.
C. Action on resolution establishing fee schedule
MOTION by Osmek, seconded by Brown to table this item for consideration
later in the meeting. All voted in favor. Motion carried.
D. Action on Park, Docks and Open Space Commission recommendation for
$60.000 in expenditures from Park Dedication Fund
Brown indicated he has a problem with designating $15,000 of the $60,000 to
park planning, as requested. He doesn't see why we need a consultant when
we have the Parks Commission to make recommendations to the Council on
what is needed in our parks.
Beise stated that the Parks and Docks Commission is made up of volunteers
and they are not professional parks planners. Our parks have deteriorated to
a point where the need is to determine where to spend dollars and which
direction to go with these parks, and do over all planning.
Fackler stated that basically it's an educational process, a lot more than to
say we need a play structure or a set of swings. Problems include, i.e., in
Swenson Park there are storm drains under the park, and some
neighborhoods may be more inclined to older activities that don't require play
structures. Consultants do all the education and then the Commission can
make better decisions. It is planned to have the consultant come to the Parks
and Docks Commission meet in January to lay out the process and determine
what they can get for $15,000.
Meisel suggested seeing what the consultant has to say in January, and then
move forward or don't move forward depending on the recommendation of
the consultant and the commission.
MOTION by Brown, seconded by Osmek to deny the $60,000 request from
the Parks Dedication Fund, with $15,000 dedicated to park planning and
$45,000 dedicated to a play structure. The following voted in favor: Osmek
and Brown. The following voted against: Specht, Beise and Meisel. Motion
failed.
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Mound City Council Minutes -December 12, 2006
MOTION by Beise, seconded by Specht to approve $60,000 in expenditures
from the Park Dedication Fund, with $15,000 allocated to park planning and
$45,000 dedicated to a play structure, with location to be determined. The
following Voted in favor: Specht, Beise and Meisel. The following voted
against: Osmek and Brown. Motion carried.
D. Action approving 2007 Docks Budget to include $25,000 Docks Capital
Reserve Fund
MOTION by Osmek, seconded by Brown to approve the 2007 Docks Budget
to include $25,000 for Docks Capital Reserve Fund. All voted in favor.
Motion carried.
17. Fire Department
A. Acton on Fire Service Contract, as approved by all member cities
Fire Chief Greg Pederson informed the Council that all four cities have signed
the three-year contracts for fire service.
MOTION by Osmek, seconded by Brown to approve the fire contracts for
2007-2009 with Minnetrista, Minnetonka Beach, Spring Park and Shorewood.
All voted in favor. Motion carried.
B. Discussion/direction on temporary fire works sales in non-permanent
structures
Meisel stated that business owners have approached the Council as to why
permits to sell consumer fireworks are issued to temporary companies who
just come into town for a month, and then are gone.
Osmek suggested a duel fee structure, with a higher fee for a business that
has not been in town for at least six months.
Council directed staff to research what other cities are doing as far as
temporary structures selling consumer fireworks, and to research the
legalities of limiting sales to a permanent structure, for consideration at a
future meeting.
MOTION by Osmek, seconded by Brown to take Item 15C off the table. All voted
in favor. Motion carried.
15C. Action on resolution establishing fee schedule
MOTION by Osmek, seconded by Brown to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 06-141: RESOLUTION ADOPTING FEE SCHEDULE
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18. Action receiving feasibility report for Harrison Bay Watermain Crossing
and order plans and specifications
MOTION by Brown, seconded by Specht to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 06-142: RESOLUTION ACCEPTING FEASIBILTY
REPORT AND ORDERING PLANS AND SPECIFICATIONS FOR HARRISON
BAY WATERMAIN CROSSING PROJECT
19. See 13A
20. Action on resolution approving Transit Hub Agreement with Met
Council
MOTION by Brown, seconded by Osmek to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 06-143: RESOLUTION APPROVING TRANSIT HUB
AGREEMENT WITH METROPOLITAN C OUNCIL FOR $200,000 FUNDING
FOR TRANSIT DISTRICT PARKING DECK PROJECT AND PARK AND RIDE
USE
21. Miscellaneous/Correspondence
A. Comments/reports from Council Members
B. Reports: 2006 Fall Clean-Up (Recycling Day)
Harbor Wine & Spirits -November 2006
Finance Department -November 2006
Health Department Notice and Resolve
C. Correspondence: Lake Minnetonka Assoc & LMCD
Metropolitan Mosquito Control District
Lake Minnetonka Conservation District
The Gillespie Gazette
22. Adjourn
MOTION by Brown, seconded by Osmek to adjourn at 10:55 p.m. All voted in
favor. Motion carried.
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Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
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