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2002-03-12CITY COUNCIL MINUTES MARCH 12, 2002 The City Council of the City of MoUnd, Hennepin County, Minnesota, met in regular session on Tuesday, March 12, 2002, at 7:30 p.m. in the council chambers of City Hall. Councilmembers Present: Acting Mayor Mark Hanus; Councilmembers Bob Brown, David Osmek and Peter Meyer. Councilmembers Absent: Mayor Pat Meisel Others Present: City Attorney, John Dean; City Manager, Kandis Hanson; City Clerk, Bonnie Ritter; Community DevelOpment Director, Sarah Smith; Police Chief, Len Harrell; Nancy Schultz of SEH, Inc; Jeff Anderson, Richard Stevens, Lorde Ham 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 Acting Mayor Hanus opened the meeting at 7:34 p.m. and the Pledge of Allegiance was recited. 2. APPROVE AGENDA City Manager Hanson requested the removal of Item #7, Matters Pertaining to MetroPlains, and removal of Item ~9, Agreement with Balboa Center. MOTION by Osmek, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 3. CONSENT AGENDA MOTION by Osmek, seconded by Meyer to approve the consent agenda. vote taken, all voted in favor. Motion carried. Upon roll call A. Approve minutes of the February 26, 2002 regular meeting. B. Approve payment of claims in the amount of $359,346.44. C. Approve Tree Trimmer Licenses (contingent upon providing all application paperwork, fees and proof of insurance) for: Aaspen Tree Service/Wayzata Bear Tree Service/Mound Matt's Tree Service/Minneapolis Shorewood Tree Service/Watertown Rainbow Tree CarelSt. Louis Park Amberwood/Mound Emery's Tree Service/Delano Rob's Tree Service/Watertown Viking Land Tree Service/Delano Tall Timber Tree Experts/VVayzata Mound City Council - March 12, 2002 Ray's Tree Service/Maple Plain D.J.'s Stump RemovallDelano Tree Top Service/Mound Above Ground & Beyond/Mound Roger's Tree Service/Mound Asplundh Tree Experts/Spring Lake Pk. D. Approve Consumption and Display Permit (Set-ups) for Al & Alma's Supper Club E. RESOLUTION NO, 02-39: RESOLUTION ACCEPTING BID AND AWARDING CONTRACT FOR WESTEDGE BOULEVARD STREET IMPROVEMENT PROJECT. F. Approve Municipal Certification for Liquor License Port of Call for 2002 - Six Al & Alma's boats and one Minnetonka Boat Rental boat. City Attorney John Dean left the meeting at this point. 4. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA Acting Mayor Hanus asked for any comments or suggestions from members of the public and received none. Meyer asked if he could talk about two items, and it was noted that he should have added the items to the agenda before the agenda was approved. Meyer continued by stating that the Grandview Middle School Special Education Class donated eleven wood duck houses to the City, and if any citizens wished to have one, they could contact him or City Hall. Meyer also wanted to report on his fund raising efforts, and City Manager Hanson informed him that there would be an update put on a later agenda and he could report at that time. ,5. PUBLIC HEARINGS A. STORM WATER MANAGEMENT PLAN/ZONING AMENDMENTS - CONTINUED FROM FEBRUARY 12, 2002. Sarah Smith briefly reviewed the history of the proposed amendments to comply with the Watershed District's Management Plan. She stated that written documentation was requested from the Watershed District and is forthcoming. MOTION by Brown, seconded by Meyer to continue the public headng until March 26, 2002, at 7:30 p.m. All voted in favor. Motion carried. B. ON-SALE LIQUOR LICENSE FEES The current on-sale liquor license fee was compared to that of neighboring cities, as well as city's in the same size range as Mound. Police Chief Harrell gave statistics of additional calls generated when there was an on-sale liquor establishment in Mound, adding that in his 18 year tenure with the City, the on-sale liquor license fee has not been raised. 2 Mound City Council - M~h 12, 2002 Acting Mayor Hanus opened the public hearing at 7:58 p.m. He asked if anyone wished to speak regarding the proposal of raising the on-sale liquor license fee and no one came forward. Hanus dosed the headng at 7:59 p.m. After further discussion, there was a MOTION by Brown, seconded by Meyer to adopt the following resolution adopting a new fee schedule, with the only change being raising the on-sale liquor license fee from $45001year to $5000/year. The following voted in favor: Brown, Hanus and Meyer. The following voted against: Osmek. Motion carried. RESOLUTION NO. 02-40: RESOLUTION ADOPTING FEE SCHEDULE 6. UPDATE BY FACILITIES STUDY GROUP ON ACTIVITIES REGARDING FIRE STATION/PUBLIC SAFETY FACILITY Jeff Anderson of the Mound Fire Department and member of the Facilities Study Group presented the Council with updated site plans and a communication outlining the next steps to be taken for this project. Jeff also corrected a misquote given by a citizen regarding the survey done regarding the proposed facility. He emphasized the open houses coming up on March 19th from 4-8 p.m., at City hall, asking the Council to be present to answer questions and for a presentation by the Fire Chief at 8:00 p.m. Another open house is scheduled for April 18~h from 4-8 p.m. at the Fire Station. Nancy Schultz of SEH, Inc. presented an Executive Summary outlining the findings gathered related to the feasibility of constructing Option 2A, one of the five options studied to improve City owned facilities, for $5 million dollars. SEH has determined with reasonable accuracy that it is possible to build this revised project this year for $4.95 million dollars. This figure does not include projected related costs as; surveys, soil borings, Phase I Environmental Assessment, correction of poor soils, removal of contaminated materials such as soils or pip fitting asbestos, furniture, fixtures and equipment, legal costs such as bond sales, communications equipment, and architectural/engineering fees. MOTION by Brown, seconded by Meyer to accept the foregoing reports and set the open houses, with the Council present, for March 19, 2002, from 4-8 p.m. at City Hall, and April 18, 2002, from 4-8 p.m., at the Fire Station. All voted in favor. Motion carried. 7. (removed) 8. PUBLIC LANDS PERMIT APPLICATION - POWERS - 1791 RESTHAVEN LANE Sarah Smith informed the Council that the applicant, Jim Powers, is requesting an "after-the-fact" Public Lands Permit to allow a number of evergreen trees and retaining wall section to remain within Sunset Landing. The Docks and Common Commission had been advised that the landscaping elements were installed in the Sunset Landing right-of-way in error by the builder, Superior Value Homes, when the new home at 1791 3 Mound City Council ~ Mamh 12, 2002 Resthaven Lane was constructed. The builder was informed of these encroachments before selling the property to Powers. Lengthy discussion followed regarding the problems that these encroachments could cause, including adding difficulty in backing a trailer to the landing and parking in the area. MOTION by Brown, seconded by Osmek to table action on the item and direct staff to research the characteristics of the trees to determine how large they will get and to contact the City. Attorney for his opinion on who is responsible for the encroachment - the builder or the current owner. All voted in favor. Motion carried. 9. (removed) 10. REPORT & RECOMMENDATION FROM I~LAND PARK FACILITIE~ TA~K FORCE City Manager Hanson reviewed the report submitted by the Island Park Task Force. The Task Force recommends relocating the Parks Maintenance to the Public Works Facility at Belmont & Lynwood and to schedule an open house for June 15, 2002, at Island Park Hall, to gain resident input on the future for this building. MOTION by Osmek, seconded by Brown to set the open house for June 15, 2002 contingent upon approval by the Police Chief because of property stored in that building. All voted in favor. Motion carried. 11. 2002 WATER PATROL FUNDING Hanus reviewed the contents of the agreement with the LMCD for extra water patrol during the summer, and pointed.out that between Hennepin County, the LMCD, and private funding, the budgeted amount is covered. The agreement states that if the total costs of providing the services are less than the amount contributed by the cities, the parties described will be entitled to reimbursement on a pro rata basis of the unused funds. The information received shows that the City of Mound has $1,096.06 as their share of monies not spent in 2001. MOTION by Osmek, seconded by Hanus to exercise the City's option under the agreement and request a refund $1,096.06 and have staff draft a letter indicating that Mound will not participate in this program in 2002. Meyer stated his reason for thinking Mound is responsible for contributing to funding the extra water patrol. His reason is that Mound is surrounded by Lake Minnetonka and it could be a Mound resident that drowns, is drive over by a boat, or snowmobiled over, and lake safety is a big concern. Hanus pointed out that Mound residents alreadY pay for the program through the taxes they pay to Hennepin County and should not have.to pay twice. Upon vote taken on the motion, those voting in favor were Brown, Hanus and Osmek. Voting against was Meyer. Motion carried. Mound City Council - March 12, 2002 12. ANNUAL REPORTS A. Police Department: Polic~ Chief, Len Harrell, presented his annual report.for 2001, a copy of which is on file in the City Clerk's office. B. City*Clerk: City Clerk, Bonnie Rifler, presented her annual report for 2001, a copy of which is on file in the City Clerk's office. 13. INFORMATIONIMISCELLAN EOU$ A. AMM .Fax News and Bill Tracking Report B. LMC Friday Fax C. Correspondence; LMCD D. Correspondence: Westonka School District E. Update: Cell phone study F. Newsletter: Gillespie Center G. Update: wine stays in liquor stores H.' Update: Phosphorus bill continues to move in Senate I'. Newsletter: Ehler's Advisor J. Minutes: Parks and Open Space Commission - Feb. 14, 2002 K. FYI: 800 mhz radios L.' Just for Fun: Mound's first newsletter M. Newsletter; Metropolitan Council directions N. FYI: Spring Park resolution on rail & trail letter to the editor O. Minutes: Docks and Commons Commission P. FYI: .City of Lake City marina revenues Q. Letter: Metropolitan Council R. FYI: Status of building officials S. March LMCC programming 14. ADJOURN MOTION by Brown, seconded by Osmek to adjourn at 10:04 p.m. Motion carried. All voted in favor. Attest: Bonnie Ritter, City Clerk A~ing Mayor'Hanus 5