Loading...
2002-08-13MOUND CITY COUNCIL MINUTES AUGUST 13, 2002 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 13, 2002, at 7:30 p.m. in the council chambers of City Hall. Members Present: Acting Mayor Mark Hanus, Councilmembers Bob Brown, David Osmek and Peter Meyer. Members Absent: Mayor Pat Meisel Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Rifler, Community Development Director, Sarah Smith, City Engineer John Cameron, Acting Police Chief John McKinley, Michael Sussman, John Hubler, Scot McKenzie, Ann Eberhart, Duane Norberg, Frank Weiland, Kristin & John Beise, Mike Gardner, David Bond, Chris Sankey, Jeff Anderson, Greg Pederson, Jim Strommen, Bob Lindall 1. OPEN MEETING Acting Mayor Hanus opened the meeting at 7:30 p.m. 2. PLEDGE OF ALLEGIANCE 3. APPROVE AGENDA~ WITH ANY AMENDMENTS Hanson requested switching item numbers 9 and 10, and adding 18C, Set Special Meetings in December. MOTION by Osmek, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 4. CONSENT AGENDA Meyer requested the removal of item 4D and 4G. MOTION by Brown, seconded by Meyer to approve the consent agenda, excluding items 4D and 4G. All voted in favor. Motion carried. A. Approve minutes of the July 23, 2002 regular meeting. B. Approve payment of claims in the amount of $319,598.51. C. RESOLUTION NO. 02-77: RESOLUTION APPOINTING ELECTION JUDGES AS RECOMMENDED FOR THE PRIMARY AND GENERAL ELECTIONS - SEPTEMBER 10, 2002 AND NOVEMBER 5, 2002. D. (removed) E. ORDINANCE NO. '15-2002: AN ORDINANCE AMENDING SECTION 250 OF THE CITY CODE AS IT RELATES TO THE POLICE DEPARTMENT AND SECTION 400 AS IT RELATES TO LICENSING Mound Council Minutes- August 13, 2002 F. RESOLUTION NO. 02-78: RESOLUTION TO APPROVE A SIDE YARD SETBACK AND FRONT YARD SETBACK REDUCTIONS FOR AN ATTACHED GARAGE TO BE CONSTRUCTED AT 1599 BLUEBIRD LAND. P & Z CASE #02-19, PID #13-117-24-12-0128. G. (removed) 3D. APPROVE TWO-DAY PERMIT TO ALLOW 3.2 BEER LICENSE AND DANCE PERMIT FOR OUR LADY OF THE LAKE INCREDIBLE FESTIVAL Meyer asked that the Council consider waiving the $100/day fee for the public dance permit. It was determined that this has been the practice in the past. MOTION by Osmek, seconded by Brown to approve the two day 3.2 beer license for September 14 and 15, 2002, and to approve the public dance permit for September 14, waiving the fee for the public dance. All voted in favor. Motion carried. 3G. ACTION ON LETTER OF CREDIT REDUCTION FROM METROPLAINS DEVELOPMENT: VILLAGE BY THE BAY/MOUND MARKETPLACE Meyer asked if it would be out of line if MetroPlains would sweep the private roads due to the heavy construction in order to reduce dust. John Cameron will follow up and determine if this item is addressed in the development agreement. MOTION by Brown, seconded by Osmek to approve the request to reduce MetroPlains letter of credit for grading, sidewalks and bituminous trail from the original amount of $100,000 to $23,830. All voted in favor. Motion carried. 4. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA John Hubler, 5816n Grandview, presented a letter to the Council from Citizens Concerned for Dutch Lake (CCDL) Association. This is in reference to a proposed rezoning issue that will be discussed at a later Council meeting. David Bond, 6048 Aspen, expressed concern over the proposed development along Dutch Lake, stating he and neighbors are opposed to the proposed zoning change. Chris Sankey, 1711 Finch, asked how new residents are to be made aware of the dog license ordinance. He is a new resident and was recently cited for not having a license on his dog. It was stated that the Laker and City Contract have articles informing residents of the licensing regulation. It was suggested that the veterinarian in Mound be a possible place where new residents could be made aware of the regulation, either by posting on the bulletin board or having the vet inform the person when he notices that the animal doesn't have a city tag. 2 Mound City Council Minutes -August 13, 2002 Scot McKenzie, 5251 Bartlett, expressed concern over interpretation of the fence ordinance. A neighbor has constructed a white vinyl fence and it's his feeling that this material is not allowed according to city code. Sarah Smith stated that staff interpreted that the code doesn't address masonry, decorative iron, etc, but that these materials have been used throughout the community. It was the consensus that McKenzie get with Sara Smith to determine how to proceed with this matter. 6. SWEARING IN OF MICHAEL SUSSMAN AS PATROL OFFICER FOR MOUND POLICE DEPARTMENT City Manager Kandis Hanson performed the swearing in of Michael Sussman as patrol officer for Mound Police Department. 7. JIM BRIMEYER OF BRIMEYER AND ASSOCIATES: PRESENTATION OF POLICE CHIEF POSITION PROFILE Jim Brimeyer of Brimeyer & Associates presented the proposed police chief profile to the Council. This will go to the printer tomorrow if approved. It is Council consensus to go ahead with the profile as presented. 8. XCEL ENERGY MATTERS AS THEY PERTAIN TO THE PUBLIC SAFEY FACILITY AND THE DOWNTOWN REDEVELOPMENT PROJECT Jim Strommen of Kennedy-Graven reported on the status of Xcel Energy's engineering cost estimate and position on its reimbursement on all or some of the funds advanced by the City to carry out the estimate of relocating transmission lines. He stated the City will be reimbursed an amount because Xcel acknowledges that they have obligation to relocate at their own expense. When the exact numbers are known he will report back to the Council. It was the consensus of the Council to pursue the undergrounding of lines in the downtown area. Strommen also reported on undergrounding the distribution lines along the east and north streets flanking the City's public safety facility, and petitioning the Public Utilities Commission to waive the surcharge. In dealing with the Commission, Strommen indicated that the City should look into the difference in relocating overhead to underground, versus overhead to overhead. That amount should be the issue because the cost to put overhead again would be incurred anyway. There are some funds allocated in the building budget to underground lines, but according to estimates it's not enough to complete the task. After discussion it was decided that Strommen would contact SEH and get some more firm estimates from Xcel. FIRE DEPARTMENT Lease Aqreement for a Portion of Balboa Buildinq for Use as a Temporary Fire Station. Greg Pederson reviewed the proposed lease agreement with Balboa. Dean reviewed the items still under negotiation with United Properties, who are the lease agents for Balboa. 3 Mound City Council Minutes -August 13, 2002 MOTION by Brown, seconded by Osmek to approve the lease agreement with Balboa Center Limited Partnership, subject to insertion of a letter of understanding or addendum to include the changes negotiated by City Attorney Dean and Fire Chief Pederson. All voted in favor. Motion carried. Amendment to the Western Area Fire Traininq Association (WAFTA) Joint Powers Agreement. Greg Pederson stated that the joint powers agreement includes eleven member cities, with four members on the Executive Board. This amendment changes this number of board members to five. MOTION by Brown, seconded by Osmek to approve the Amendment. All voted in favor. Motion carried. Co Notice of Groundbreakinq Date for Public Safety Facility. MOTION by Brown, seconded by Hanus to set the groundbreaking for the Public Safety Facility for September 17, 2002, at 6:30 p.m. All voted in favor. Motion carried. 10. ACTION ON RESOLUTION AUTHORIZING EXECUTION OF CSAH 15 RIGHT- OF-WAY AGREEMENT~ INCLUDING REVIEW OF DOWNTOWN REDEVELOPMENT COSTS~ FINANCING AND TIMING Bob Lindall of Kennedy-Graven summarized the Agreement for Right of Way Acquisition between Hennepin County and the City. It is intended to be the basis for Hennepin County to undertake (1) realignment of CSAH 15 from approximately 600' west of CSAh 110, (2) reconstruction of CSAH 110 from 250' south of Lynwood Bird to approximately 600' north of Lynwood, and (3) replacement of the existing two intersections of CSAH 15 and CSAH 110 with a single intersection at Lynwood Blvd. Collectively these tasks comprise the "Project". The construction will be done in two phases (Phase I west of the new crossing and the remainder in Phase 2). John Dean outlined the proposed funding sources for the project, which has an estimated project cost of $14,050,316. MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted favor. Motion carried. RESOLUTION NO. 02-79: RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT FOR RIGHT OF WAY ACQUISITION FOR CSAH 15. 11. ACTION REGARDING WETLANDS MITIGATION FOR SKATE PARK MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. 4 Mound City Council Minutes -August 13, 2002 RESOLUTION NO. 02-80: RESOLUTION TO APPROVE A WETLANDS CONSERVATION ACT WETLANDS REPLACEMENT PLAN APPLICATION IN CONJUNCTION WITH DEVELOPMENT KNOWN AS "ZERO GRAVITY SKATE PARK" LOCATED AT 5341 MAYWOOD ROAD, SECTION 13 8, 24, TOWNSHIP 117N, RANGE 24W. PID #13-117-24-34-0062. 12. ACTION REGARDING WETLANDS MITIGATION FOR DITCH CLEANING FOR 2002 STORM SEWER PROJECT MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 02-81: RESOLUTION TO APPROVE A WETLANDS CONSERVATION ACT WETLANDS REPLACEMENT PLAN APPLICATION IN CONJUNCTION WITH THE STORMWATER MAINTENANCE PROJECT NEAR COTTONWOOD LANE AND THE DAKOTA RAIL LINE NE 1/4, SW t/4, SE % OF SECTION 14, TOWNSHIP 117N, RANGE 24W, PID #14-117-24-43-0024 AND 14-117- 24-43-0025. 13. ACTION ON BUSINESS SUBSIDY AGREEMENT WITH ROD DIETRICH FOR MOUND POST OFFICE DEVELOPMENT MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 02-82: RESOLUTION APPROVING A BUSINESS SUBSIDY AGREEMENT BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OFMOUND, AND RODNEY R. DIETRICH AND DOREEN K. DIETRICH. 14. CASE #02-22: MARK STEIN - 5765 SUNSET~ WAIVER OF PLATTING MOTION by Osmek, seconded by Brown to adopt the following resolution as amended. All voted in favor. Motion carried. RESOLUTION NO. 02-83: RESOLUTION TO APPROVE REQUEST FROM MARK STEIN FOR WAIVER OF PLATTING APPROVAL TO SUBDIVIDE LOTS 72 AND 73, MOUND ADDITION INTO TWO (2) LOTS. P & Z CASE #02-22, PID #14-117-24-41- 0041. MOTION by Osmek, seconded by Brown to add item 14A, New Well Location Property Assessment. All voted in favor. Motion carried. 14A. NEW WELL LOCATION PROPERTY ASSESSMENT John Cameron explained that a Phase I Property Assessment is required for the residential lot adjacent to Sorbo Park that is being considered for the site for the new well. Some of the work necessary for the Phase I will also be required for the Wellhead Protection Area for the new well. EOR is proposing to complete the Phase I Property 5 Assessment for $1200. In consideration of the work EOR will complete for the Phase I Property Assessment, they will reduce the cost of the Wellhead Protection Area by $500. MOTION by Osmek, seconded by Brown to approve EOR performing the Phase I Property Assessment. All voted in favor. Motion carried. 15. PLANNING COMMISSION RECOMMENDATION - PROPOSED REVISIONS TO CITY CODE 365 (SIGNS) Sarah Smith stated that as requested by the Council, staff and members of the Planning Commission conducted a review of the sign ordinance at its August 6, 2002 meeting. In general, the majority of the discussion focused on temporary signs (i.e., garage sale, special event, etc.) and directional signage for real estate open houses. Planning Commission members suggested that temporary freestanding signs in the downtown be reviewed for compliance with the City Code. There is a proposed provision in the ordinance which allows placement of garage sale and real estate directional signs in the ROW as long as they are located (5) feet from the curb and do not obstruct driver visibility at intersections. There was discussion regarding if there should be a penalty if temporary signs are not removed after use. Smith suggested revisiting this ordinance in 6 months, and then that issue can be addressed if the signs are being left up. MOTION by Osmek, seconded by Brown to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 16-2002: AN ORDINANCE AMENDING SECTION 365 OF THE CITY CODE AS IT RELATES TO THE SIGNS. 16. ACTION ON OUR LADY OF THE LAKE PORTABLE SIGN REQUEST FOR THE INCREDIBLE FESTIVAL MOTION by Brown, seconded by Osmek to approve the request for portable signs made by Our Lady of the Lake for the Incredible Festival. All voted in favor. Motion carried. 17. PROPOSAL BY VFW FOR IMPROVEMENTS TO VETERANS' PARK Bill Anderson presented the plans for a black granite monument and flag pole to be placed in Veterans' Park to commemorate the attacks of September 11,2001. MOTION by Osmek, seconded by Brown to accept the plans for placement of the memorial, along with running electricity to the base of the flag pole. It was noted that the dedication for the monument is planned for 4:00 p.m. on Wednesday, September 11,2002 followed by an open house at the VFW. All voted in favor. Motion carried. 6 Mound City Council Minutes- August 13, 2002 18. SET SPECIAL EVENTS/MEETINGS A. MOTION by Brown, seconded by Osmek to set the Liquor Store ground breaking for August 27, 2002, at 6:00 p.m. B. MOTION by Brown, seconded by Osmek to set a Developer Workshop for September 3, 2002, at 6:30 p.m. This will be a joint workshop with the HRA. All voted in favor. Motion carried. C. Motion by Brown, seconded by Osmek to set a special meeting for December 2, 2002, at 7:00 p.m. for truth and taxation hearing and other pertinent city business, and December 9, 2002 at 7:00 p.m. for the hearing continuation if needed. All voted in favor. Motion carried. 19. INFORMATION/MISCELLANEOUS A. LMCD correspondence B. Report: Mound Police Department-July 2002 C. Report: Finance Department- June 2002 D. Report: Redevelopment Project Team E. Report: Public Safety Building Project Team F. State Chamber of Commerce article G. Memo: LMC on State Auditor's Investigate Report to the City of Brooklyn Park H. Press release: upcoming Laker I. Newsletter; Gillespie Center J. Report: Charitable Gambling contribution from Jaycees K. Resignation: Liquor Store Manager Joel Krumm - All members of the Council took a minute to commend Joel Krumm for his excellent job while serving as Liquor Store Manager for the past 18 years, and wish him the best. 20. ADJOURN MOTION by Osmek, seconded by Brown to adjourn at 10:17 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Acting Mayor Mark Hanus 7