2002-12-12MOUND CITY COUNCIL MINUTES
FEBRUARY 12. 2002
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, February 12, 2002, at 7:30 p.m. in the council chambers at 5341
Maywood Road in said City.
Councilmembers Present: Mayor Pat Meisel; Councilmembers Mark Hanus, David
Osmek and Peter Meyer.
Councilmembers Absent; Bob Brown
Others Present: City Attorney, John Dean; City Manager, Kandis Hanson; City Clerk,
Bonnie Ritter; Community Development Director, Sarah Smith; City Engineer, John
Cameron; Fire Chief, Greg Pederson; Laurie Fitz, Suzanne Claywell, Robert Shanley,
Glenn Smith, Jan Trapp, Craig Follett, Todd Kuntz, Roger Reed, Chris Pounder, Rick
Williams, Chuck Auger, P.D. Cozine, Duane Leisinger, Fran Leisinger, Bruce
McKeeman, David Sutton, Vern Hanson, R. Goodfellow, Todd Landon, Jan Miller, Vince
Forystek.
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 opened the meeting at 7:33 p.m. and the Pledge of Allegiance was
recited.
2. APPROVE AGENDA
City Manager Hanson requested that item #10, Commercial Dock Requirements, be
removed from the agenda, to be placed in the February 26th agenda.
MOTION by Osmek, seconded by Hanus to approve the agenda as presented with the
removal of item #10 as stated above. All voted in favor. Motion carried.
3. CONSENT AGENDA
Hanus requested item B, approval of bills, be pulled from the consent agenda and
Meyer requested the removal of D.
MOTION by Hanus, seconded by Osmek to approve the consent agenda as amended.
All voted in favor. Motion carried.
A. Approve minutes of the January 22, 2002 regular meeting, the January 29, 2002
special meeting and February 6, 2002 special meeting.
Mound City Council Minutes - February 12, 2002
B. (removed)
C. Approve Environmental Response Fund Grant Agreement between the City of
Mound and Hennepin County Department of Environmental Services.
D. (removed)
E. Approve Garbage CollectOr licenses contingent upon all fees, application and
proof of insurance being received for:
Waste Management, Inc. B.F.I. of North America
Blackowiak & Son Randy's Sanitation
F. RESOLUTION NO. 02-21:
RESOLUTION TO APPROVE A REQUEST FROM
THE AMERLE CiViC CORPORATION AND WWT
PARTNERS, APPLICANTS AND PROPERTY
OWNERS AT 2337 AND 2361 WlLSHIRE
BOULEVARD, FOR A MINOR SUBDIVISION TO
SUBDIVIDE THE NORTH ONE (1) FOOT OF LOT
36, BLOCK 3, SHIRLEY HILLS UNIT F AND
COMBINE IT WITH LOT 37, BLOCK 3, SHIRLEY
HILLS UNIT F. P & Z CASE NO. 01-44.
G. RESOLUTION NO. 02-22:
RESOLUTION APPROVING A PREMISES PERMIT
RENEWAL APPLICATION FOR THE VFW POST
#5113 - MOUND.
H. RESOLUTION NO. 02-23:
RESOLUTION APPROVING A PREMISES PERMIT
RENEWAL APPLICATION FOR THE AMERICAN
LEGION POST 398.
I. RESOLUTION NO. 02-24:
J. RESOLUTION NO. 02-25:
RESOLUTION SUPPORTING GRANT
APPLICATION OF SOUTHWEST TRAIL
ASSOCIATION.
RESOLUTION TO AWARD BID FOR ONE (1) 1500
GPM PUMPER TRUCK FOR USE BY THE MOUND
FIRE DEPARTMENT.
K. ORDINANCE NO. 03-2002:
L. RESOLUTION NO. 02-26:
ORDINANCE AMENDING SECTION 700 OF THE
CITY CODE AS IT RELATES TO TRAFFIC
REGULATIONS.
RESOLUTION RECOMMENDING FUNDING OF
SENIOR PROGRAMS THROUGH THE
COMMUNITY DEVELOPMENT BLOCK GRANT.
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Mound C#y Council Mtnut# - February t2, 2002
M. RESOLUTION NO. 02-27:
RESOLUT~ RECOMMENDING
CONTINUATION OF CDBG FUNDING OF
WESTONKA COMMUNITY ACTION NETWORK
(WeCAN)
3B. APPROVE PAYMENT OF CLAIMS
Hanus questioned the bills from Nextel, as it looks like the bill is duplicated. Also, he
asked why the phone bills of Fackler and Hoff are so much more than everyone else's.
This will be investigated.
MOTION by Hanus, seconded by Osmek to approve payment of claims in the amount of
$311,156.24, upon verification by staff that the Nextel bill doesn't include duplicate
charges. All voted in favor. Motion carried.
3D. RECYCLING GRANT RESOLUTION
Meyer asked if there were programs available that encouraged more participation in the
recycling program. Hanson will look into this.
MOTION by Meyer, seconded by Hanus to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 02-28:
RESOLUTION AUTHORIZING SUBMITTAL OF 2002
GRANT APPLICATION FOR RECYCLING AND
EXECUTION OF GRANT AGREEMENT.
4. COMMENTS & SUGGESTIONS FROM ClTIZEN~ PRESENT ON ANY ITEM NOT
ON THE AGENDA
Vince Forystek, 3131 Inverness Lane, expressed t° the Council his disappointment that
they didn't charge MetroPlains for SAC charges on their development. Hanus explained
that these fees were already paid by the previous landowner. Forystek also expressed
concern over the money spent on the public facility needs study.
Jan Trapp, 4865 Bartlett, explained the Seton View Association, with four individual
homeowner sharing one dock that houses eight boats. John Dean stated that their
situation is addressed in his memorandum that will be discussed during the Commercial
Dock issue at the next Council meeting, and that he feels that her situation does not fall
under the commercial dock definition.
Bruce McKeeman, 1744 Avocet Lane, presented the Council with more signatures and
affidavits supporting the dock program as it is presently being operated. He said that
there will be a meeting in the future between the abutters and non-abutters of
Dreamwood Addition.
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Mound City Council Mtnute~- February 12, 2002
Peter Meyer presented another check for his fundraising efforts for the lifeguard
program and the senior citizens.
5. PUBLIC*HEARINGS'
A. Amerle Civic Corp -Alley Vacation
Sarah Smith reviewed the application for alley vacation, stating that both staff and the
Planning Commission recommend this vacation.
Mayor Meisel opened the public hearing at 8:10 p.m. Upon no comments being offered
from the public, the hearing was closed at 8:11 p.m.
MOTION by Hanus, seconded by Osmek to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 02-29:
RESOLUTION TO APPROVE THE VACATION OF A
PORTION OF THE TWENTY (20) FOOT ALEY AND/OR
RIGHT-OF-WAY IN BLOCK 3, SHIRLEY HILLS, UNIT F,
LOCATED BETWEEN THE NORTH LINE OF LOT 8 AND
LOT 39 AND THE SOUTH LINE OF LOT 9 AND LOT 39.
P & Z CASE #01-45.
B. Zonine/Citv Qode Amendments
Sarah Smith explained that the proposed amendments are necessary for proper
implementation of the Mound Surface Water Management Plan. These amendments
will allow the City to implement control at the local level, rather than every permit
application going to the Minnehaha Creek Watershed District. She stated that she feels
the City would then be grandfathered under the old rules, should the Watershed District
implement the anticipated changes. Hanus questioned how we propose to take position
with the Watershed that we are not subject to any new rules when that is in direct
conflict with the agreement that says if they change rules we have to comply. John
Dean explained that under the agreement the City is obligated to conform the local plan
with the Watershed District's plan, and the City can't have a plan less restrictive than
theirs. The advantage of adopting our own plan is there would be an eighteen month
grace period following any new rules adopted by the Watershed. This gives some time
to review and approve permits under the existing plan.
Mayor Meisel opened the hearing at 8:35 p.m. Upon no comments being offered from
the public, the hearing was closed at 8:36 p.m.
MOTION by Meyer, seconded by Meisel to adopt the ordinance amending section 350
of the City Code as it relates to Wetland Buffers. Those voting in favor were Meisel and
Meyer Those voting against were Osmek and Hanus. Motion failed.
John Dean stated that there is no reason to ask for action on the other two ordinances,
as they are all three related in nature.
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Mound City Council Minute~ - February 12, 2002
MOTION by Meisel, seconded by Meyer~to r~ the public hearing at 8:39 p.m.
voted in favor. Motion carried.
All
MOTION by Meisel, seconded by Meyer to continue the public hearing on March 12,
2002, at 7:30 p.m. All voted in favor. Motion carried.
Sarah Smith informed the CounCil that she will attend a public hearing of the Watershed
District on Thursday, February .14, and will get answers to the Council's questions and
concerns.
6. WAIVER OF PLATTING - EDEN ROAD
Sarah Smith reviewed the request by Walter Peterson, for "waiver of platting" approval
pursuant to City code 330.12.
MOTION by Hanus, seconded by Osmek to adop[ the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 02-30:
RESOLUTION.TO APPROVE REQUEST FROM WALTER
PETERSON FOR WAIVER OF PLATTING APPROVAL TO
SUBDIVIDE THE PROPERTY LOCATED AT 5243-5287
EDEN ROAD, INTO TWO (2) LOTS
7. LANGDON *BAY- REQUEST FOR REDUCTION OF LETTER OF CREDIT
John Cameron reviewed the request from R.H. Development for a reduction in the
amount of the Letter of Credit held on the Langdon Bay project.
MOTION by Osmek, seconded by Hanus to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 02-31:
RESOLUTION REDUCING AMOUNT OF LETTER OF
CREDIT FOR R.H. DEVELOPMENT ON THE LANGDON
BAY PROJECT.
8. IMPROVEMENT PROJECT 2002 (MOUND VISIONS 2"D)
City Engineer, John Cameron, reviewed the feasibility study prepared for the subject
project. He explained that the total project cost is estimated at $712,675, which will be
entirely assessed to MetroPlains. He also indicated that a signed Petition and Waiver
Agreement has been received from MetroPlains.
MOTION by Osmek, seconded by Hanus to adopt the following resolution. Meyer
asked if Osmek would accept a friendly amendment to the motion, being the removal of
the park irrigation system, which totals about $36,000. Osmek declined to accept this
amendment. John Dean stated that the irrigation requirement was imposed on the
developer by the City. It was concluded that grass couldn't survive there without
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Mound City Council Minutes - February 12, 2002
irrigation. Voting in favor of the .foregoing motion: Hanus, Meisel. and Osmek. Voting
against: Meyer. Motion carried.
RESOLUTION NO. 02-32: RESOLUTION RELATING TO "IMPROVEMENT
PROJECT 2002 (MOUND VISIONS 2"r))'', ORDERING
THE IMPROVEMENT AND DECLARING ADEQUACY OF
PETITION
9. ACTION AMENDING FEE SCHEDULE
A. Park Dedication Fee
MOTION by Hanus, seconded by Osmek to pass the following ordinance, as
recommended by the Parks and Open Space Commission. All voted in favor. Motion
carried.
ORDINANCE NO. 04-2002:
AN ORDINANCE AMENDING SECTION 330 OF THE
CITY CODE AS IT RELATES TO PLATTING AND
SUBDIVISION REGULATIONS.
B. Tree Trimmer License Fee
City Manager Hanson stated that the fee resolution presented has only two changes,
being raising the park dedication fee minimum to $1100, and raising the Tree Trimmers
License from $30 to $50/year.
MOTION by Hanus, seconded by Osmek to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 02-33: RESOLUTION ADOPTING FEE SCHEDULE
10. (REMOVED)
11. LIQUOR STORE SUB-LEASE WITH WESTONKA SCHOOL DISTRICT
MOTION by Hanus, seconded by Osmek to sign the sub-lease for the Mound Liquor
Store as presented. All voted in favor. Motion carried.
12. DISCUSSION/ACTION ON SUMMER HOURS FOR CITY HALL
City Manager Hanson presented examples of neighboring cities' summer hours that are
observed from Memorial Day through Labor Day.
MOTION by Meisel, seconded by Meyer to have City Manager Hanson present this
concept to the City staff for their input, and report back to Council for their consideration.
All voted in favor. Motion carried.
13. INFORMATION/MISCELLANEOUS A. Article: When you throw dirt, all you do is lose ground
B. AMM Fax news and Friday Fax
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Mound City Council Minut# - February t2, 2002
C. Correspondence: LMCD ....
D. Correspondence: Westonka School Distdct
E. Letter: re Pete's Sleep Out
F. Minutes: Planning Commission: Jan. 7
G. Minutes: Park & Open Space Commission: Jan 10
H. Minutes; Docks and Commons Commission: Jan 17
I. Article: Understanding City Fund Balances
J. Memo: City Fund Balances and State Aid Cuts
K. Reprot; Preliminary financial for year end, 2001
L. Report; Mound Police Department, Dec, 2001 and Jan. 2002.
M. Gillespie Center newsletter
N. FYI: Documents regarding cable provider and communication commission
14. ADJQURN
MOTION by Hanus, seconded by Meyer to adjourn at 9:53 p.m.
Motion carried.
All voted in favor.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
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