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2002-01-08MOUND CITY COUNCIL MINUTES JANUARY 8, 2002 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January 8, 2002, at 7:30 p.m. in the council chambers at 5341 Maywood Road in said City. Councilmembers Present: Mayor Pat Meisel, Councilmembers Bob Brown, Mark Hanus, David Osmek and Peter Meyer. Others Present: City Attorney, John Dean; City Manager, Kandis Hanson; City Clerk, Bonnie Ritter; Community Development Director, Sarah Smith; City Engineer, John Cameron; Finance Director, Gino Businaro; Orv Burma, Frank and Betty Weiland, Mary Sherman, Julie Weisenborn, Bruce McKeeman, Kelly and John Anderson, Lorrie Ham, Erin Wombacher. 1. OPEN MEETING Mayor Meisel called the meeting to order at 7:57 p.m. and the Pledge of Allegiance was recited. Mayor Meisel apologized to the public for the late start of the Council meeting. The HRA meeting held previously ran late. 2. APPROVE AGENDA City Manager Hanson requested the addition of item 9A, appointments to boards and commissions. Mayor Meisel also requested item 13 be placed after item 8. Brown requested the addition of 12A, commercial dock fees. MOTION by Hanus, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carded. 3. CONSENT AGENDA Mayor Meisel requested the removal of 3D from the consent agenda. MOTION by Brown seconded by Osmek to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. Approve Minutes of the December 10, 2001 special meeting and the December 11, 2001 regular meeting. B. Approve payment of claims in the amount of $471,230.63. C. RESOLUTION NO. 02-01: RESOLUTION APPOINTING GINO BUSlNARO, FINANCE DIRECTOR, ACTING CITY MANAGER FOR 2002. D. (removed) E. RESOLUTION NO. 02-02: RESOLUTION APPROVING THE PURCHASE OF AT LEAST A $20,000 BOND FOR THE CITY CLERK F. RESOLUTION NO. 02-03: RESOLUTION APPROVING THE PURCHASE OF AT LEAST A $20,000 BOND FOR THE CITY TREASURER/FINANCE DIRECTOR Mound City Council Minut~ - January 8, 2002 G. RESOLUTION NO. 02-04: RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR 2002 H. RESOLUTION NO. 02-05: RESOLUTION APPOINTING COUNCILMEMBER MARK HANUS AS ACTING MAYOR FOR 2002 I. RESOLUTION NO. 02-06: RESOLUTION APPOINTING JIM FACKLER AS ASSISTANT WEED INSPECTOR FOR 2002 J. Approval of tree removal license for Tree Top Service, Inc., Delano, MN, to expire on March 31, 2002. 3D. MOTION by Brown, seconded by Osmek to adopt the following resolution. The following voted in the affirmative: Brown, Hanus, Osmek and Meyer. The following voted in the negative: None. Mayor Meisel abstained from voting due to the fact that The Laker is a tenant in a building that she owns. Motion carried. RESOLUTION NO. 02-07: RESOLUTION DESIGNATING THE LAKER AS THE OFFICIAL NEWSPAPER FOR 2002 4. COMMENTS AND SUGGESTIONS FROM ClTIZEN~ PRESENT ON ANY ITEM NOT ON THI~ AGENDA Bruce McKeeman, 1744 Avocet Lane, approached the council expressing appreciation for the work the City has done in managing the dock program. Frank Weiland, 6045 Aspen Lane, informed the Council of the death of former Mound Mayor, Leighton Lindlan. John Anderson, 1733 Gull Lane, commented on discussions that the Dreamwood residents have had regarding the commons issue. 5. METROPLAINS DEVELOPMENT SUBDIVISION AGREEMENT Sarah Smith reviewed the subdivision agreement, stating that it is the sister agreement to the one approved by the HRA earlier in the evening. Meyer expressed concern over funding of the playground equipment and was informed that that amount will be assessed in total against MetroPlains. He also questioned the absence of a sewer trunk area charge. MOTION by Meyer to add $1500/unit Sewer Trunk Area Charge to the agreement. Motion died for lack of a second. It was explained to Meyer thet the reason for the sewer trunk area charge not being included, is that this charge was already paid by a previous owner of the property. Meyer stated that he doesn't feel it fair to not charge MetroPlains for this sewer trunk area charge when it's on the agenda for later tonight to add this charge to our fee schedule. MOTION by Brown, seconded by Osmek to approve the Subdivision Agreement Mound Visions 2nd Addition Subdivision, with MetroPlains. The following voted in the 2 Mound Cily Council Minut# - ~mnumry 8, 2002 affirmative: Brown, Hanus, IVleisel ana'0~i~ i'Ve following voted in the negative: Meyer. Motion carried. , 6A. ACTION ON ORDINANCE AMENDING SECTION 600 OF THE CITY CODE AS IT RELATES TO THE SANITARY SEWER SYSTEM Sarah Smith reviewed the proposed ordinance.. MOTION b~, Osmek0 seconded by Hanus to pass the following ordinance. The following voted in the affirmative: Brown, Hanus, Meisel and Osmek. The following voted in the negative: Meyer. Motion carried. ORDINANCE NO. 01-2002: AN ORDINANCE AMENDING SECTION 600 OF THE CITY CODE AS IT RELATES TO THE SANITARY SEWER SYSTEM 6B. ACTION ON ORDINANCE AMENDING SECTION 610 OF,THE CITY CODE AS IT RELATES TO THE WAT,ER DEPARTMENT MOTION. by Brown, seconded by Meyer to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 02-2002: AN ORDINANCE AMENDING SECTION 610 OF THE CITY CODE AS IT RELATES TO THE WATER DEPARTMENT. 6C. ACTION ADOPTING FEE SCHEDULE MOTION by Brown, seconded by Hanus to adopt the fo.!lowing resolution. Ail voted in favor. Motion carried. RESOLUTION NO. 02-0,8: RESOLUTION ADOPTING FEE SCHEDULE 7. PUBLIC LANDS PERMIT SUBMITTED BY JOHN ANDERSON, 1733 GULL LANE Sarah Smith reviewed the request, with comments following by City Engineer, John Cameron. This request is to undertake grading activities Within the Gull Lane right-of-wa~; and Wiota Commons so that drainage in and around the lower level garage area can be appropriately diverted away from the existing home. The applicant indicated that the property is subject to flooding problems due to improper drainage. The Docks and Commons Commission has recommended approval of the application. Lengthy discussion followed regarding the warrants of removing the existing asphalt, grading, and replacing with asphalt, or replacing with soft surface. Also discussion took place as to the exact placement of the correction and who is fiscally responsible for this improvement. 3 Mary Sherman expressed concern regar, ding the restoration activities and the use of sod and. landscaping materials as it may negatively affect her ability to r~aneuver' her vehicle and horse trailer which are often stored at her 506.5 Wren Road prope,rty. MOTION by Brown, seconded by Hanus, to' have the City replace the tempqrary paich that was pl~ced,on Gull Lane, with a permanent asphalt repair to .extend from the existing manhole to the Commons line, with asphalt to continue to the garage apron at 1733 Gull Lane. After discussion, Brown withdrew his motion. With Anderson owning this property less than a year, Osmek asked if the drainage problem was disclosed by the seller of the property, and Anderson stated that it hadn't been disclosed. MOTION by Brown, seconded by Osmek to repair Gull Lane according to the City Engineer's recommendation, extending the repair to the garage apron of the property at 1733 Gull Lane. Meyer offered as an amendment, that Mr. Anderson be responsible for 113 of the cost of this improvement. Brown refused the amendment, stating that he feels the City caused the problem with previous patch not being done as it should, ahd all but about 2' of the area in question is city property. The following voted in the affirmative on the foregoing motion: Brown, Hanus, Meisel and Osmek. The following voted in the negative: Meyer. Motion carried. MOTION by Hanus, seconded by Osmek to adopt the following resolqtion. All voted in favor. Motion carried. RESOLUTION NO. 02-09: RESOLUTION DENYING A PUBLIC LANDS PERMIT FOR JOHN ANDERSON AT 1733 GULL LANE, LOT 9, BLOCK 14, DREAMWOOD, WIOTA COMMONS 8. APPOINTMENT TO LMCD, INCLUDING CANDIDATE INTERVIEW Orr Burma appeared before the Council as applicant to the Lake Minnetonka Conservation District (LMCD) Board of Directors. Mayor Meisel asked that Burma recognize that this is a liaison position, expressing the thoughts of the City and City Council. She asked if he would be willing, should he be appointed, to report to the Council on a quarterly basis, unless there is a hot item that needs to be reported before that. Hanus also expressed that this is not a commission appointment where personal opinions are looked for. This person represents the Council and their positions. Mr. Burma stated he made this application for one reason, being to offer his services to the City in the capacity asked for. He understands the position and will execute it to the best of his ability. MOTION by Meyer, seconded by Brown to adopt the following resolution. All voted in favor. Motion carded. 4 city ~# Minut.~- January RESOLUTION "O; 02-'10: REsoLU~i~'X~INTING ORVIN BURMA TO THE LAKE MINNETONKA CONSERVATION DISTRICT (LMCD) BOARD OF DIRECTORS. -insert item 13 as requested during agenda approval- At 10:15 the Council entered into Executive Session to consider' clientJattomey privileged information. 13. EXECUTIVE SESSION TO DISCUSS LETTER FROM MARC SIMPSON RE(~ARDIN(~ POTENTIAL LITI(~ATION ON DREAMW00D COMMON~ The Council returned from Executive Session and City Attorney John Dean explained that this matter involved discussion regarding a letter received from the attorney of abutting property owners in Dreamwood Addition, which is attorney/client privileged information. 9. APPOINTMENT OF COUNCILMEMBERS TO VARIOUS BOARD AND COMMISSIONS MOTION by Hanus, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 02-11: RESOLUTION APPOINTING MARK HANUS TO THE DOCKS AND COMMON~ COMMISSION, BOB BROWN TO THE PLANNING COMMISSION AND DAVID OSMEK TO THE PARKS AND OPEN SPACE COMMISSION. gA. APPOINTMENTS TO BOARDS AND COMMISSIONS MOTION by Brown, seconded by Hanus to re-appoint John Beise and Norm Domholt to the Parks and Open Space Commission as recommended'by the POSAC, and to re- appoint Jim Funk and Greg Eurich to the Docks and Commissions Commission as recommended by the DCAC. All voted in favor. Motion carried. MOTION by Hanus, seconded by Osmek to re-appoint Frank Weiland, Michael Mueller, and Geoff Michael to the Planning Commission, as recommended by the Planning Commission. All voted in favor. Motion carded 10. LABOR CONTRACT BETWEEN THE CITY OF MOUND AND LELS LOCAL 35 Osmek questioned the proposed change under "Discipline". The proposed language states that at the request of the employee, all oral or written reprimands will be removed from their personnel file after 18 months..., with exceptions as stated in State law. City Manager Hanson explained that the Minnesota Data Practices Act would be taken under consideration in this case. 5 Mound City Council Idinut~ - January 8, 2(~2 MOTION by Brown, seconded 'by Meyer to adopt the following resolution, The following voted in the. affirmative: Brown, Hanus, Meisel and'Meyer. The following voted in the negative: Osmek. Motion carried. RESOLUTION NO. 02-12;. RESOLUTION*APPR0~ING THE LABOR CONTRACT BETWEEN THE CITY OF MOUND AND LAW ENFORCEMENT LABOR SERVICES (LELS) LOCAL 35, POLICE SERGEANTS, FOR THE PERIOD OF JANUARY 1, 2002 THROUGH DECEMBER 31, 2003. 11. LABOR CONTRACT BETWEEN THE CITY OF MOUND AND LOCAL 320 MOTION by Brown, seconded by Meyer to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 02-13: RESOLUTION APPROVING THE LABOR CONTRACT BETWEEN THE CITY OF MOUND AND MINNESOTA TEAMSTERS PUBLIC AND LAW ENFORCEMENT EMPLOYEES' UNION, LOCAL NO. 320. 12. DISCUSSION ON LIFEGUARD AND SENIOR CENTER FI, INDRAISER, AS PROPOSED BY PETER MEYER Meyer explained to the Council that because of there not being funds designated in the 2002 budget for the lifeguard program or the senior citizens, he is planning a fundraise~. This fundraiser involves him sleeping in an unheated tent for the rest of January and all of February, or until $40,000 is raised, whichever comes first. He is proposing that $32,000 of these funds go to the lifeguard program, with the balance of $8,000 going as a donation to the senior citizens. Of each dollar contributed, .80 will go to the lifeguard program, and .20 to the seniors. He is seeking approval on having the City act as the fiscal agent until all monies are collected and disseminated. Meyer stated that he realizes that this is a crazy idea to raise money, but he feels strongly about doing it, and already has $1,000 pledged. Osmek informed the Council that he and Councilmember Brown met with the VFW and they have donated $5,0~ toward the lifeguard program already. They also plan on meeting with the Lions and the American Legion for donations. Osmek received a report from the school on peak times that our beaches are used and feels that $15,000 to $16,000 will cover lifeguards for those peak times. Osmek continued by expressing concern over the City's liability if they sanction Meyer's fundraiser and something should physically, happen to Meyer. Meyer expressed he is willing to take full responsibility for his own welfare. Staff will check what the City's liability would be for Meyer's proposal. Meisel stated her concern over the liability, but has no problem with the proposal if there is no chance for legal recourse. 6 Mound ¢~ ¢oun~lainute~ - January 80 2002 12A. COMMERCIAL DOCK FEES Brown stated that he has been informed that Seahorse Condos received a notice on their upcoming commercial dock fees, but that these are privately held docks. City Manager Hanson will look into this and report at a later meeting. 13. (rearranged on agenda - after item 8) 14. INFORMATION/MISCELLANEOUS A. AMM Fax News B. Fdday Fax C. LMCD correspondence D. Westonka Healthy Community Collaborative annual report & request Meyer asked if this had to be addressed and Hanson informed him that because the Skate Park is on City property, it is already assumed that the City act as fiscal agent. E. Articles: re Rail line F. Westonka Public Schools news G. Letter & Gillespie Gazette newsletter H. Article & letter: Minnesota Municipal Beverage Association on municipal liquor operations I. Letter: City of theVillage of Minnetonka Beach J. Letter: Hennepin parks K. Finance Report: November 20(01 L. FYI: 2001 Property Tax Rankings M. LMA Newsletter N. Letter: Office of the Sheriff O. Letter: Lake Minnetonka Communications Commission P. 2002 Legislative Priorities of the MN chamber of Commerce Q. Letter: Metropolitan Council R. Report: 2001 Community Ed/Park & Rec Program 15. ADJOURN MOTION by Brown, seconded by Osmek to adjourn at 11:22 p.m. Motion carried. All voted in favor. Attest: Bonnie Ritter, City Clerk ~ayor Pat Meisel (