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2002-06-11MOUND CITY COUNCIL MINUTES JUNE 11, 2002 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, June 11,2002, at 7:30 p.m. in the council chambers of City Hall. Members Present: Mayor Pay 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; City Planner, Loren Gordon; Finance Director, Gino Businaro; Parks Director, Jim Fackler; Lorrie Ham, Craig Fink, Frank Weiland, Ken Custer, Skipp La Joy, Matt La Joy, Angela La Joy, Milton Hentges, Randy Behean, Larence Samstap, Lenry Laznairz, Miles Britz, Ann Eberhart, Jeff Anderson, Linda Skoglund, Tom and Nancy Walsh, Roy Peterson, Todd Warner, Sue Cathers, Laurie Fitz. 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 7:35 p.m. and the Pledge of Allegiance was recited. 2. APPROVE AGENDA Mayor Meisel requested the addition of item 9A, a letter she received regarding signage within the City. Meyer requested the addition of 10K, a beautification project. MOTION by Hanus, seconded by Osmek to approve the agenda as amended. All voted in favor. Motion carried. 3. CONSENT AGENDA Hanus requested the removal of K and Meisel requested the removal of F and H. MOTION by Brown, seconded by Hanus to approve the consent agenda with the exception of F, H and K. Upon roll call vote taken, all voted in favor. Motion carried. A. Approval of Minutes of the May 21,2002 special meeting and the May 28, 2002 regular meeting B. Approve payment of claims in the amount of $225,519.66. C. Approve Liquor License renewals: (subject to receipt of all forms, fees & proof of insurance) Club On-Sale: VFW Post 5113 and American Legion Mound Ci~Council- June 11, 2002 Sunday On-Sale: VFW Post 5113 and American Legion On-sale Wine: Al & Alma's Supper Club and House of Moy 3.2 Beer On-sale: Al & Alma's Supper Club and House of Moy Off-Sale 3.2 Beer: Mainstreet Market, PDQ Foods and Super America D. RESOLUTION NO. 02-64: RESOLUTION REAFFIRMING THE AUTHORIZATION OF CITY SPONSORSHIP OF STATE GRANT-IN-AID SNOWMOBILE TRAIL FUNDS. E. RESOLUTION NO, 02-65: RESOLUTION RELATING TO LOCAL GOVERNMENT INFORMATION SYSTEMS; AUTHORIZING THE EXECUTION AND DELIVERY OF SECOND AMENDMENT TO THE JOINT AND COOPERATIVE AGREEMENT. F. (removed) G. Approval to Suburban Wildlife Control to hunt or trap animals in the City for health and safety purposes. H. (removed) I. Approve advertisement for bids for 2002 storm sewer improvements J. Approve Payment Request #2 for Improvement Project 2002 (Mound Visions 2nd) to Doboszenski & Sons in the amount of $79,196.92. K. (removed) 3F. ORDINANCE TO AMEND SECTION 610 OF THE CITY CODE There was discussion regarding the length of time for exemption to the odd/even restriction for new sod. It was decided that this exemption should be changed from one week to one month. MOTION by Brown, seconded by Hanus to pass the following ordinance. Those voting in favor: Brown, Hanus, Meisel and Meyer. Those voting against: Osmek. Motion carried. ORDINANCE NO. 10-2002: AN ORDINANCE AMENDING SECTION 610 OF THE CITY CODE AS IT RELATES TO THE WATER DEPARTMENT. 3H. JOINT COOPERATION AGREEMENT BETWEEN CITY AND HENNEPIN COUNTY FOR CBDG IN FY 2003-2005 Meisel stated that she feels it is a good move to enter into this agreement because the funds received in the past were very well spent in the community. It was noted that Sarah Smith is now a member of the board and will keep the Council abreast of happenings there. MOTION by Brown, seconded by Meyer to adopt the following resolution All voted in favor. Motion carried. 2 Mound City Council - June 11,2002 RESOLUTION NO. 02-66: RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF MOUND AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2003-2005. 3K. FIREWORKS A. MOTION by Osmek, seconded by Brown to pass the following ordinance as amended. All voted in favor. Motion carried. ORDINANCE NO. 08-2002: AN ORDINANCE AMENDING SECTION 905 OF THE MOUND CITY CODE AS IT RELATES TO WEAPONS, FIREARMS, FIREWORKS, HUNTING AND TRAPPING. MOTION by Brown, seconded by Osmek to pass the following ordinance as amended. All voted in favor. Motion carried. ORDINANCE NO. 09-2002: AN ORDINANCE ADDING SECTION 906 TO THE CITY CODE AS IT RELATES TO THE SALE, POSSESSION AND USE OF FIREWORKS MOTION by Brown, seconded by Hanus to adopt the following fee schedule resolution, with the only change being the addition of a license fee for License to Sell Fireworks. This fee will be set at $100/year, with an additional $35 being charged if any re-inspection of the premises is required. The following voted in favor: Brown, Hanus and Meiseh The following voted against: Osmek and Meyer. Motion carried. RESOLUTION NO. 02-67: RESOLUTION ADOPTING FEE SCHEDULE. 4. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ONTHEAGENDA None were offered. 5. PUBLIC SAFETY BUILDING UPDATE Construction Manager, Todd Christopherson, and Architect, Miles Britz updated the Council on the schedule, budget and plans for the public safety facility. They brought to the Council's attention that a neighboring parcel juts into the property line, and if the City could secure that property it would provide for a better parking situation. Securing this small parcel will be investigated. 6. POSSIBLE ANNEXATION/DETACHMENT OF PROPERTY LOCATED AT 6400 LYNWOOD BLVD - MILTON HENTGES Sarah Smith informed the Council that Milton Hentges, owner of the property at 6400 Lynwood BIvd, has submitted a request to initiate proceedings to detach his property from the City of Minnetrista and annex it to the City of Mound pursuant to 3 Mound City Council - June 11, 2002 M.S.S.414.062 Subd. 5. The purpose of the request is to accommodate a future subdivision to create an additional lot that would be subsequently sold to his daughter. Presently this property straddles the corporate boundaries of both cities. It was noted that the City of Minnetrista has denied this request. Mr. Hentges has been in contact with the Minnesota Planning Agency regarding the procedure for their review. The Council is concerned with the cost to the City in these proceedings and suggests that an agreement be drawn up, exclusive of the process, between Hentges and the City of Mound that would state a maximum amount that the City would be liable for, and anything above that amount Hentges is responsible for, or Hentges can stop the process. Dean suggested that a resolution be prepared in support of annexation, but not to execute the resolution until the side agreement, as described above, is introduced. After further discussion, there was a MOTION by Brown, seconded by Osmek to have Mayor Meisel meet with Mayor Fischer of Minnetrista to see if they can come to mutual agreement on the issue. Meisel will meet with staff after this meeting and prepare a mutual agreement and a resolution for action at the next meeting, if warranted. Those voting in favor: Brown, Hanus, Meisel and Osmek. Those voting against: Meyer. Motion carried. 7. UPDATE FROM TODD WARNER ON BRINGING THE MINNEHAHA TO MOUND Sarah Smith reviewed the application procedures of the LMCD regarding the proposed dock. Roy Peterson, 5815 Beachwood Road, voiced concern on how this dock concept was presented to the community. He stressed the concern over parking, as parking in that area is already a problem, as well the probable danger issue if the area is aerated in the winter to keep the water open. Linda Skoglund, 5823 Bartlett Blvd, also appeared to voice neighborhood concern, along with stating that Mound is a lake city without lifeguards at its beaches, yet is thinking of instaling a huge pier that costs lots of money, next to a main public swimming beach. She is also concerned with ADA requirements and the parking issue. Tom Walsh, 5077 Bartlett asked about the frequency of the Minnehaha docking at the proposed pier, along with who pays for the improvement of the dock. Meisel stated that these are strictly the beginning of many discussions. Laurie Fitz, 5776 Bartlett expressed worry about the children in the area - if chemical testing for the affect on the large boat motor would have an affect on the beach. She is concerned about the limited parking in the area as well as the welfare of the children. 4 Mound City Council - June 11,2002 Todd Warner wants it understood that the proposed dock is for the Minnehaha and the Minnehaha only, not other large craft. As far as charter boats go, the Minnehaha is not a charter boat. Individuals will buy a ticket for a ride on the boat. There won't be tour buses coming into town full of people that have chartered the boat. Warner asked what the next step in the process should be. After discussion it was decided that the City Manager will head a committee that will identify and resolve issues brought forth, and bring recommendations back to the Council. It was noted that no action will be taken by the City that requires expending City funds. At 11:00 p.m. Mayor Meisel called for a 10-minute break, and the meeting reconvened at 11:10 p.m. 8. PUBLIC HEARINGS A. Case 02-15: Lake Minnetonka Quality Motors & Ken Custer- Conditional Use Permit for 4831 Shoreline Drive Sarah Smith reviewed the application, indicating that CUP's were granted for this purpose in 1995 and 1997, but neither are now valid. The Planning Commission and staff recommend approval of the CUP to allow open lot sales as a principal use on the property located at 4831 shoreline Drive subject to certain conditions as noted in the resolution. Mayor Meisel stated that this public hearing is continued from May 25, 2002, and reopened the hearing at 11:15 p.m. Matthew La Joy, applicant, came forward to introduce himself to the Council and offered to answer any questions. Mayor Meisel closed the public hearing at 11:17 p.m. MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 02-68: RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW "OPEN LOT VEHICLE SALES" FOR LAKE MINNETONKA QUALITY MOTORS LOCATED IN THE B-2 GENERAL BUSINESS DISTRICT AT 4831 SHORELINE DRIVE, LOTS 1 TO 4, 21 AND PART OF 5 AND 20, BLOCK 1, SHIRLEY HILLS UNIT A. PID #13-117-24-44-0014, P & Z CASE #02-15. 5 Mound City Council - June 11,2002 B. Case 02-06: Henry & Gina Lazniarz, Preliminary Plat, Minnetonka Trails (4) Maior Subd, Lots 6,7,9,18,19,20,21, Block 14, Avalon Loren Gordon presented the major subdivision preliminary plat for consideration, stating that the subdivision takes three lots and makes them into four lots. Staff and Planning Commission are both recommending approval of this Preliminary Plat with conditions as contained in the resolution. The park dedication fee will be verified with the resolution to state that this fee shall be determined and paid before the final plat is presented. Mayor Meisel opened the hearing at 11:32 p.m. Henry Lazniarz approached the Council, asking for approval of this Preliminary Plat and stated that he agrees to grant the neighbor a perpetual easement for the retaining wall and its maintenance. Mayor Meisel closed the hearing at 11:33 p.m. MOTION by Hanus, seconded by Osmek to adopt the following resolution as amended. All voted in favor. Motion carried. RESOLUTION NO. 02-69: RESOLUTION GRANTING PRELIMINARY PLAT APPROVAL FOR THE LAKE MINNETONKA TRAILS RESIDENTIAL DEVELOPMENT, P & Z CASE #02-06. 9. PROPOSED POST RETIREMENT HEALTH CARE SAVINGS PLAN Gino Businaro presented the proposed Post Retirement Health Care Savings Plan to the Council. This plan is the result of the City Personnel Committee negotiating a proposal with the Employee Retirement Program Committee. MOTION by Brown, seconded by Meyer to approve this plan as presented, as an amendment to the City Administrative Code. The following voted in favor: Brown, Meisel and Meyer. The following voted against: Hanus and Osmek. Motion carried. 9A. LETTER RECEIVED BY MAYOR REGARDING SlGNAGE WITHIN THE CITY Mayor Meisel informed the Council that she received a letter regarding signage put on corners and right of ways. Sarah Smith will investigate the current regulations and take steps to have these signs removed according to code. 10. INFORMATION/MISCELLANEOUS Ao B. C. D. E. F. G. AMM Fax News FYI: Officer Alexander resignation Newsletter: Gillespie Center Letter: Governor Ventura Lake Minnetonka fireworks celebration Newsletter: Ehlers & Assoc Report: Minnesota Health Dept 6 Excerpts from Mankato State University newsletter Minutes: Dock and Commons Commission - May 14, 2002 Minutes: Parks and Open Space Commission - May 9, 2002 Peter Meyer announced that this Saturday, June 15, volunteers are to meet behind the Longpre building at 8:00 a.m. to paint the plywood as one of his beautification projects. 11, ADJOURN MOTION by Brown, seconded by Meisel to adjourn the meeting at 12:02 a.m. The voting in favor: Hanus, Brown, Meisel and Meyer. Those voting against: Osmek. Motion carried. Att-est' Bonnie Ritter, City Clerk Mayor Pat Meisel 7