2000-02-22MOUND CITY COUNCIL MEETING- FEBRUARY 22, 2000
MINUTES - CITY COUNCIL -FEBRUARY 22, 2000
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesday, February 22, 2000, at 7:30 P.M., in the Council Chambers at 5341 Maywood
Road, in said City.
Those present were: Mayor Pat Meisel; Councilmembers: Andrea Ahrens (arrived 8:10),
Bob Brown, Mark Hanus and Leah Weycker. Also in attendance were City Attorney John
Dean, Acting City Manager Len Harrell, and Secretary Sue McCulloch. The following
interested citizens were also present: Kenny Beek, Jami Burke, Joe Condo, Cklair Hasse,
Richard Hawks, Shirley Hawks, Michell Hexundes, Stephen Krause, Sharon Looh, John
McKinley, Paul Meisel, Peter C. Meyer, Michael Mueller, Mick Mueller, Dan Niccum,
larry Olson, Kemp Putuk, Jason Swensen, Jim Ventura, Frank Weiland.
*Consent Agenda: Ail items listed under the Consent Agenda are considered to be routine by
the Council and will be enacted by a roll call vote. There will be no separate discussion of
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.
OPEN MEETING - PLEDGE OF ALLEGIANCE
The Mayor opened the meeting at 7:38 P.M. and welcomed the people in attendance. The
pledge of allegiance was recited.
APPROVE AGENDA AND CONSENT AGENDA
The Acting City Manger stated he would like to add an Item M, a gambling premises permit
for the VFW, and he would like to Pull Item H. Councilmember Hanus stated he would like
to pull Items C, D, E, F and I. Councilmember Brown stated he would like to pull Item L.
MOTION by Hanus, seconded by Weycker to approve the agenda and consent
agenda with the removal of Items C, D, E, F, H, I, L and the add-on of Item M
to the consent. The vote was unanimously in favor. Motion carried. 5-0.
CONSENT AGENDA
*1.0 MINUTES OF THE FEBRUARY 8, 2000, REGULAR MEETING.
MOTION.
Hanus, Weycker, unanimously.
*1.1 CASH ADVANCE FROM THE GENERAL FUND TO THE NEW TIF FUND.
MOTION.
Hanus, Weycker, unanimously.
154
*1.2
'1.3
MOUND CllT COUNCIL MEETING- FEBRUARY 22, 2000
APPROVAL FOR SPRING CLEAN-UP DAY IN MOUND, LOST LAKE SITE.
DATE: SATURDAY, MAY 6 FROM 8:00 A.M. TO 3:00 P.M
A. No leaves, wood or brush.
B. Anyone bringing things will have to show a valid picture driver's license.
C. We will charge more for non-Mound residents.
MOTION.
Hanus, Weycker, unanimously.
APPOINTMENT OF ASSISTANT WEED INSPECTOR.
RESOLUTION #00-23 RESOLUTION TO APPOINT JIM FACKLER AS
ASSISTANT WEED INSPECTOR FOR 2000
'1.4
*1.5
Hanus, Weycker, unanimously.
APPROVAL OF VFW PREMISES PERMIT.
RESOLUTION g00-24 RESOLUTION APPROVING A PREMISES PERMIT
RENEWAL APPLICATION FOR THE VFW POST
//5113 - MOUND
Hanus, Weycker, unanimously.
PAYMENT OF BILLS.
MOTION.
Hanus, Weycker, unanimously.
1.6 CASE//00-02: MINOR SUBDIVISIONi RENEWAL OF AN EXPIRED MINOR
SUBDIVISION RESOLUTION FOR 2978/2988 PELICAN POINT CIRCLE, BLOCK 1,
PELICAN POINTi PID//19-117-23 42 0038 & 00391 P & Z CASE//96-3.
Councilmember Hanus stated on page 662, second paragraph, line 3 should read as follows:
"wrong location and, therefore, the developer is proposing to locate the lot line to the.'
MOTION by Hanus, seconded by Brown, to accept the Resolution as amended.
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MOUND CITY COUNCIL MEETING- FEBRUARY 22, 2000
RESOLUTION g00-25:
RESOLUTION TO APPROVE A MINOR
SUBDIVISION FOR 2978 AND 2988 PELICAN
POINT CIRCLE, LOTS 13 AND 14, BLOCK 1,
PELICAN POINT, PID# 19-11%23 42 0038 AND #19-
117-23-31-0139, P & Z CASE # 00-02.
The vote was unanimously in favor. Motion carried. 5-0.
1.7 APPROVAL OF 2 YEAR UNION CONTRACT FOR PUBLIC WORKS.
TEAMS~S LOCAL 320 FOR 2000 AND 2001.
Councilmember Hanus stated he has not seen the actual agreement and he would like to
review the agreement before approving the Resolution. The Acting City Manager stated the
contract is retroactive, so approving the Resolution at the next City Council meeting would
be sufficient and timely.
MOTION by Hanus, seconded by Brown, to table the approval of the resolution
until March 14, 2000. The vote was unanimously in favor. Motion carried. 5-0.
1.8 APPROVAL OF 2 YEAR UNION CONTRACT FOR POLICE SERGEANTS,
LELS LOCAL 35 FOR 2000 AND 2001.
Councilmember Hanus stated he has not seen the actual agreement and he would like to
review the agreement before approving the Resolution. The Acting City Manager stated the
contract is retroactive, so approving the Resolution at the next City Council meeting would
be sufficient and timely.
MOTION by Hanus, seconded by Brown, to table the approval of the resolution
until March 14, 2000. The vote was unanimously in favor. Motion carried. 5-0.
1.9 APPROVAL OF 2 YEAR UNION CONTRACT FOR POLICE PATROL, LELS
LOCAL266 FOR 2000 AND 2001.
Councilmember Hanus stated he has not seen the actual agreement and he would like to
review the agreement before approving the Resolution. The Acting City Manager stated the
contract is retroactive, so approving the Resolution at the next City Council meeting would
be workable.
MOTION by Hanus, seconded by Brown, to table the approval of the resolution
until March 14, 2000. The vote was unanimously in favor. Motion carried. 5-0.
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MOUND CITY COUNCIL MEETING- FEBRUARY 22, 2000
1.10 GARBAGE LICENSE RENEWALS.
Waste Management
Blackowiak & Sons.
Randy's Sanitation.
BFI of ]Minnesota (formerly Woodlake Sanitation).
The Acting City Manager stated Waste Management should be added as an additional waste
company. He stated the contract was sent to a wrong address, and Waste Management did
not receive the contract until this morning.
MOTION by Brown, seconded by Weycker, to accept Item H of the Consent
Agenda, with the addition of adding Waste Management as an additional waste
company for the City of Mound. The vote was unanimously in favor. Motion
carried. 5-0.
1.11 APPROVAL OF FARMERS MARKET FROM JUNE 17, 2000, THROUGH
OCTOBER 28, 2000.
Councilmember Hanus stated he does not recall having approved this document in previous
years. He would like it clarified why the City Council is required to approve this contract
and the connection the City has with this document.
Councilmember Brown questioned the location of the Farmers Market. He would like the
contract to be more specific with regard to Highway 15 and Highway 110.
Councilmember Weycker stated with Ms. Heyer in charge of this community project and her
having strong management skills, that could be the reason the City Council is reviewing the
contract this year and not having been done so in the past.
MOTION by Hanus, seconded by Brown, to table the approval of the Farmers
Market until March 14, 2000, at which time the above questions would be
answered. The vote was unanimously in favor. Motion carded. 5-0.
Mayor Meisel stated the tabling of this item until March 14, 2000, should not damper any
timelines.
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MOUND ¢IT~ COUNCIL MEETING- FEBRUARY 22, 2000
1.12 APPOINTMENT OF SUZANNE CLAYWELL TO THE EDC,
Councilmember Brown stated Ms. Claywell interviewed for the position on the EDC. He
stated she is very enthusiastic and would bring a lot of positive attributes to the committee.
Ms. Claywell is knowledgeable with programs and this will be an asset for the City of
Mound. She was voted unanimously by the EDC to appoint her on the committee.
Brown moved and Weycker seconded the following resolution:
RESOLUTION g00-26
Discussion.
RESOLUTION APPOINTING SUZANNE
CLAYWELL TO THE ECONOMIC
DEVELOPMENT COMMI~qSION THREE YEAR
TERM- TO EXPIRE 12/03
Councilmember Weycker stated she would have like to have seen the minutes from the EDC
meeting. Councilmember Brown stated one other candidate withdrew and Ms. Claywell was
favored over her opponent.
Councilmember Hanus was concerned about the questioning and answering the candidate was
involved in through the interview process. He stated he would have appreciated being able
review the minutes as well.
Mayor Meisel suggested the Chair of EDC was present tonight if Councilmember Hanus
would like to address his concerns with him.
Motion carried. 5-0.
Councilmember Hanus stated he would appreciate seeing the minutes in future instances
before being asked to vote.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT PLEASE LIMIT TO
3 MINUTES PER SUBJECT}.
There were no comments from citizens.
PUBLIC HEARINGS.
1.13
CASE #99-45: CONDITIONAL USE PERMIT TO ALLOW AN ADDITION TO
MOUNT OLIVE LUTHERAN CHURCH; 5218 BARTLETT BOULEVARD,
BLOCK 2, TRACT A & PART OF BLOCK 2 SHIRLEY HILLS UNIT D, 62050,
PID # 24-117-24-21-0036.
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MOUND CITY COUNCIL MEETING- FEBRUARY 22, 2000
Mount Olive Lutheran Church requested a conditional use permit and variances associated
with building expansion and renovation and site work. The church is located at the corner of
Bartlett and Wilshire Boulevard. Zoning of the property is R-1 which allows the church as a
conditional use. The facility plans would require conditional use permit and variance
approval from the City Council to proceed.
The variance requests associated with the project are as follows:
Existing/Proposed Required Variance
Impervious surface 53,300 sf
Parking stall width
(existing and proposed) 9 feet
Driveway entrance width 42 feet
(Bartlett entrance)
Parking lot setback 0 feet 5 feet
Parking lot screening as noted in the report.
47,153 sf
10 feet
24 feet
6147 sf
1 foot
18 feet
5 feet
Building Improvements.
The scope of the project involves a large degree of remodeling and modernizing of existing
internal space and the addition of a new north and west entrances. The north education wing
of the building, which currently has a second story walkway connection, will be provided
with an enclosed first floor access. This will remove the existing water drainage course.
Existing lobby and narthex spaces on both levels will be increased. A number of interior
facelift improvements will also occur. The sanctuary seating capacity will remain unchanged
at 316 seats. All building improvements would meet district setback requirements.
Site improvements consist of a new parking and garden area at the front entrance as well as
entrance improvements. In terms of code requirements for parking, the proposal is for 105
spaces with the ability to remove 5 spaces which encroach on adjacent city wetland property
to the west. The existing 86 stalls located in the north and west parking areas would remain
unchanged at a 9 feet stall width. The 19 proposed spaces in the new Wilshire parking area
are also requested at a 9 feet width. This would require a variance. The code bases parking
requirements for churches on sanctuary seating capacity. The plans show the church has a
316 seat capacity requiring 105 parking spaces. As proposed 105 spaces are provided.
Access to the site is currently provided by 4 drives, 2 on Wilshire and 2 on Bartlett. Both
roadways are under County's jurisdiction. The proposal is to remove the existing loop drive
on Bartlett, leaving the existing three access points. Staff would expect a favorable review
from the County regarding the Bartlett closing. Additional comments are provided in the
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Engineer's report.
MOUND CITY COUNCIL MEETING- FEBRUARY 22, 2000
Impervious surface/Stormwater.
Total site hardcover will be reduced from approximately 59,946 sq. ft or 38.1% to 53,300
sq. ft. or 33.9%. The reductions occur namely with the work to the front parking area and
the removal of the loop drive at the south entrance. Storm water runoff issues need to be
addressed to the MCWD for their review and approval.
Landscaping.
The project also incorporates a number of landscape plantings in and around the new front
parking area and the south and west entrances. Code requirements for landscaping of
institutional facilities are to provide the greater of 1 tree per 1,000 sq. ft. of building area or
1 per 50 feet of lineal site perimeter. The perimeter of the site is the determinant in this case
with 1431 lineal feet. This equates to 29 trees which exceeds code requirements and also
satisfies the minimum 25 % conifer and deciduous varieties. Code also requires screening of
the western parking area because it is within 30 feet of an adjacent residentially zoned
property. As noted above, this parcel is a wetland owned by the City. The zoning is also
residential north of the property but because the parking lot is further than 30 feet, no
screening is required.
Utmties.
Utilities need to be addressed as discussed in the Engineer's report.
DISCUSSION:
Building improvements.
As proposed, the building improvements meet zoning code requirements.
building related concerns will be reviewed by the Building Official.
Any additional
Parking.
The site meets the parking space requirements based on the sanctuary seating capacity if that
portion of the western parking area is allowed to continue it encroachment on city property.
If it were removed the parking requirements would be deficient by 5 spaces. Staff would
recommend that if the City allows this existing situation to continue, an easement for parking
and driveway access purposes be prepared by the applicant and submitted to the city for
review and approval. Staff has no issues with the 9 feet stall width for existing proposed
spaces.
The existing driveways to the parsonage and the west parking lot exceed 24 feet width
requirements. Unless the parking lot encroachment is removed, a variance is acceptable with
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MOUND CIT~ COUNCIL MEETING- FEBRU/~R~ ~2, 2000
staff. If thc parking encroachment is removed, then this drive should meet width
requirements. Sod will need to be replaced as well.
Impervious surface/Stormwater.
The total site hardcover will be reduced by about 4 percent as proposed. This is an
improvement and is acceptable to staff. Final review of the storm water plan will need
approval from the MCWD.
Site landscaping will be greatly improved and satisfies code requirements based on the site
perimeter. The western parking area is also required to have screening. Based on the dense
vegetation surrounding the wetland and the City's ownership of it, staff finds no reason to
provide additional screening in this location.
Utilities
The City Engineer's report provides a detail of utility concerns and recommendations which
should be included in any approval.
Staff recommends the City Council approval of the Conditional Use Permit and variances as
required with the following conditions:
A determination be made regarding the encroaching parking area;
Storm water plans be reviewed and approved by the MCWD; and
Other comments as outlined in the City Engineer's report.
The City Planner and the City Engineer recommend throating the access point and making it
a standard 24 foot on Bartlett Boulevard which would remove one of the variances.
The City Planner stated the applicant submitted a lighting plan consistent with the city code
requirements. He stated there are no bulbs or upward lighting that would affect the residents
near the church.
Mayor Meisel asked if the section referred to in the Planning Commission minutes as
pavement or black top the City should take care of concerning use refers to this small section
on Bartlett Boulevard. The City Planner stated this section is what they were referring to
and it should be stated somehow by the City how that triangular section should be used.
Councilmember Hanus asked if this is approved tonight by easement, would the easement be
in perpetuity. He stated if this is the case, then why do we keep this triangular section.
The City Planner stated we could sell this piece to the public, but this would be a longer
process than what is being recommended tonight.
Councilmember Hanus asked what was the size of this triangular section. The City Planner
stated it was about 500 square feet. Councilmember Hanus asked if this parcel could be used
for ponding possibly in the future.
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MOUND CITY COUNCIL MEETING- FEBRUARY 22, 2000
Councilmember Hanus asked the City Planner if the list for the variances should be stated as
9 x 18, 10 x 20, 1 x 2. The City Planner agreed with these measurements.
Mayor Meisel opened the public hearing at 8:10 p.m.
Richard Hawks, 2640 Setter Circle, Mound. Mr. Hawks stated since the driveway is going
to be vacated, what would be the problem of moving the driveway over to accommodate it
instead of taking up City property.
The City Planner stated this might be the most desirable way, although, since it has existed
for a long time, the applicant would like to keep it as it always has been.
Mayor Meisel closed the public hearing at 8:19 p.m.
Councilmember Brown asked how much work would be involved in vacating this triangular
piece of property. The City Attorney stated the City could sell off this piece of property by
resolution. Councilmember Brown stated it is near a natural wetland that will probably never
be built. The City Planner stated there would some be setback requirements in the future.
Councilmember Brown stated it might be best for the City at this point to have this triangular
parcel be rid of through sale. Councilmember Hanus stated if there is no potential for public
use in the future, should the City sell the property.
Councilmember Hanus stated possibly agreeing to the variance, but directing staff to take
some action to do away with the property.
MOTION by Brown, seconded by Hanus, to approve the resolution granting the CUP and
variance, the 24-foot driveway change, the variance for the parking stalls, and directing staff
to investigate turning over the 500 square foot triangular parcel to Mount Olive.
RESOLUTION//00-27:
RESOLUTION APPROVING A CONDITIONAL USE
PERMIT AND VARIANCES TO ALLOW
BUILDING EXPANSION AND SITE WORK TO
MOUNT OLIVE LUTHERAN CHURCH LOCATED
AT 5218 BARTLETT BOULEVARD, TRACT A &
PARK OF BLOCK 2, SHIRLEY HILLS UNIT "D",
PID# 24-117-24 21 0036, P & Z CASES//99-45 AND
99-46.
The vote was unanimously in favor. Motion carded. 5-0.
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MOUND CITY COUNCIL MEETING- FEBRUARY 22, 2000
1.14 CONTINUATION OF COMPREHENSIVE PLAN.
The City Planner presented the case. He stated the previous handouts are still applicable.
The City Planner stated there is an additional letter from Bruce Chamberlain and him that
discuss the community center and ballfield property.
The City Planner stated there are two items that need to be finalized by the City Council
which include the Comprehensive Plan and the Surface Water Management Plan (SWMP).
He stated the Comprehensive Plan is ready for the City Council's review, although the
SWMP is being reviewed by the Planning Commission.
The City Planner stated some issues regarding the school property have been investigated by
Metro Plains after soil testing had been conducted. He further stated Metro Plains would
like some direction from the City Council that would be given to them once the
Comprehensive Plan has been approved.
It was suggested by communication from Metro Plains to recommend the ballfield property
to be considered medium density land use classification. He further stated the rest of the
property would remain commercial. He stated a meeting with the Commissions is suggested
to get some direction regarding the development of this property.
The City Planner presented to the public the different definitions of low, medium, and high
density properties, the locations where residential and commercial property are revealed, and
the park locations proposed on the map presented.
The City Planner stated the Planning Commission proposed two recommendations for
changes to the Comprehensive Plan concerning land use. He stated they would like the Lost
Lake area to be designated as a conversation area with a linear park around this area and,
secondly, the ballfield site to be changed from medium density residential to public
institution density. There were also some "word smithing" changes in land use, as well as
comments in the transportation section concerning the transit service and appropriate changes
made to the buffer zone section. He stated the Parks Commission suggested changes in their
November 17, 1999, letter. He stated some citizens of Mound at previous meetings were
concerned about the width of County Road 15 with the new redevelopment proposal and also
the Haddolf site.
Councilmember Hanus stated this Comprehensive Plan indicates a vision for the City of
Mound and the City Planner agreed. He asked the City Planner if the City Council is
suppose to identify properties for the use we would like, or for what we think is inevitable,
or a happy medium between the two thoughts. The City Planner stated the Comprehensive
Plan should state what is the future for the use of the land and what the City would like to
see happen to this land in the future. He stated it should consider your look into the future
concerning parks, redevelopment, and transportation, but the changes being considered may
cause friction and they need to be resolved in a way that it best for the community.
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MOUND CITY COUNCIL MEETING- FEBRUARY 22, 2000
Mayor Meisel stated she deals with reality and if someone presents a proposal along a
checkbook, she is certainly willing to give it consideration.
Councilmember Brown stated there is concern from the Planning Commission and him about
the density being proposed for the City of Mound.
Mayor Meisel stated we need to keep in mind any redevelopment proposal presented to the
City Council is only preliminary, but she appreciates the need to question what is being
proposed.
Councilmember Brown asked if the ballfield location was zoned as R-1, would any developer
that would like to develop this area need to come before the Planning Commission regarding
zoning issues. The City Planner stated this would be the case.
Councilmember Weycker asked what public institution zoning being proposed for the
ballfield location represents. The City Planner stated this is a more guiding issue for owner
and considered a "catch all" for parks.
The City Attorney stated with the City Council approving the Comprehensive Plan it does
not directly affect the zoning issues.
The City Attorney asked about the public/institutional designation and asked if this is a
defined term. The definition is considered for property owned by city/school or public
institute and designates those land areas as they exist today or in the future. Attorney stated
this could not be defined as a holding pattern. The City Planner agreed.
Mayor Meisel opened the public hearing open at 8:45 p.m.
Michael Mueller, 5910 Ridgewood Road, Mound. He stated he is a member of the
Planning Commission and has been for many years. He is concerned about the school
district site. He stated at the Planning Commission meetings citizens wanted it to be
designated public or institutional property which would then deny a developer the opportunity
to change it in the future if requested. He stated they wanted to keep it the way it was
zoned because no body knows what that piece of property will be designated for in the
future. He stated now there is a timeframe crunch being suggested by Mr. Chamberlain and
Mr. Gordon concerning the post office location which states if the post office is not
designated soon, the City of Mound could lose its grant. He is very concerned about this
and was not aware of this situation. He stated the Planning Commission is not sure if the
post office should go where it is being proposed. He stated if it is at the comer of County
15 and 110, this would probably be a much too busy comer to have the post office, although
he would appreciate having the Planning Commission review where the best spot would be
for the post office. He stated he is aware the developer may back out if the City leaves this
location designated as public or institutional. He stated the City Council is not responsible to
make the school district's purchase agreement valid by changing a Comprehensive Plan to
meet a developer's plan. Mr. Mueller stated this property is currently zoned as R-1. He
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MOUND CITY COUNCIL MEETING- FEBRUARY 22, 2000
would appreciate being allowed to arrange Planning Commission meetings to efficiently and
timely discuss where the post office should be located, but to not harm the grant being
considered for this redevelopment of Mound. He would like, at this point, to see the
property noted in the Comprehensive Plan as it currently is zoned to date.
Peter Meyer, 5748 Sunset Road, Mound. He stated he supports the Planning Commissions'
recommendations to keep the Haddolf location considered as institutional. He stated this
location has been at part of Mound's parkland inventory for many years. He restated the
City of Mound has a shortage of parks. Mr. Meyer mentioned there have been enough
names to support a referendum regarding this property.
Kim Anderson, 5736 Lynwood Bouelvard, Mound. Ms. Anderson stated she would like to
have the City Council respect what the Planning Commission presented tonight and leave the
property in question zoned as it currently exists. She stated she would like to see the second
set of signatures for the Petition verified regarding the referendum.
Mayor Meisel stated the City Attorney was just faxed today a summary of the signatures on
the petition concerning the referendum. She stated there were 1,010 signatures. Out of the
1,010, 70 people were not from Mound, 36 signatures were not readable, 15 signatures had
no addresses, 16 people had signed for two, 19 people signed twice. She stated this leaves
111 signatures short for a completed petition to have the City start a referendum.
Councilmember Brown stated eminent domain would be considered a last resort and has
never been discussed concerning the school district property.
Councilmember Hanus stated he would like point of order and stated there is a public hearing
for consideration of the Comprehensive Plan.
Paul Meisel, 5501 Bartlett Boulevard, Mound. He stated he is the Chair of the Economic
Development Committee. He stated they have been working on getting this project going.
He stated it has been a real struggle. He stated a big struggle was getting a developer come
to the City of Mound and now we finally have some interest. He appreciates the Planning
Commission's interest in trying to work through the post office issue. He stated he does not
foresee the City losing the grant. He stated the EDC unanimously agrees with a change in
the Comprehensive Plan, particularly the Haddolf field. He stated he does not want to see
this project lost and all the work put into it at this point.
Mr. Michael Mueller stated he would like to clarify that he, on behalf of the Planning
Commission, does not want to see the grant lost; but, he also wants it known that the
Planning Commission is not favoring any specific direction of the Haddolf fields and that is
why they left it as public institutional.
Mayor Meisel closed the public hearing at 9:10 p.m.
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MOUND ¢I~ ¢0U~¢~ MEETING- FEBH~AHY 22, 2000
Councilmember Brown stated he and the Planning Commission are supportive in what is best
for the majority of people in the City of Mound.
Councilmember Hanus stated he agreed with almost everything Mr. Mueller said. He said
because the City of Mound does not know what the land in question is going to be in the
future, it should be designated as public institutional in the Comprehensive Plan.
Mayor Meisel stated she wanted it made dear that what it remains and what it becomes are
two different things. She restated the fact what is here and what truly happens could be
different things.
Councilmember Hanus stated the post office location not only needs to be approved by the
Commissions of the City of Mound, but more importantly, it has to be approved by them and
there are many item to be discussed to allow this to happen.
Mr. James Prosser, Ehlers and Associates. He stated the agreement with the post office is
they would attempt to provide an alternative location. He stated the post office could wait up
to three more years, and may look at other sites that may be possible. He stated the post
office does not have to be located downtown. Mr. Prosser stated on the broader issue that is
before the City Council, is the appropriate land use in the Comprehensive Plan. He stated
the City needs to look at the Plan in a pragmatic vision, both realty and vision. He stated
this is an appropriate time for the City to make this choice, even though it is a tough
decision. He stated tonight's decision will provide staff and the community with what the
City would feel would be best for the land use in Mound for now and in the long run. He
stated the City Council does need to step forward and help shape the City of Mound.
Councilmember Hanus stated his first choice at this point is not to have this land developed.
He further stated if the City Council is at the point of adopting the Comprehensive Plan, he
has a number of changes that he would like to have considered in the Plan.
Councilmember Brown asked the City Planner if the Comprehensive Plan should be passed
tonight. The City Planner stated the Plan could be passed tonight if there are no additional
changes, it could be completely reviewed and then passed tonight, or it could also be
continued to a later date.
Councilmember Weycker stated she is very frustrated with the whole process and would like
to see the Planning Commission complete their side of the Comprehensive Plan and the
Surface Water Management Plan in its entirety.
Councilmember Brown stated the Planning Commission has completed the Comprehensive
Plan and the SWMP could have been completed if staff, specifically Mr. Parks, was made
available at the last meeting. He stated the Planning Commission has spent a lot of hours on
both of these Plans and knows they are coming to the City Council is the best way they can
be presented.
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MOUND CITY COUNCIL MEETING - FEBRUARY 22, 2000
Councilmember Weycker appreciated knowing staff has not been made available so the
Planning Commission can be allowed to complete both Plans.
Mayor Meisel asked what the general consensus is whether the City Council should continue
this meeting concerning the Comprehensive Plan and get through it tonight or should this be
tabled.
Councilmember Hanus stated he would like to leave the Comprehensive Plan as the Planning
Commission recommended, but he does have about 15 items he would like to add for
discussion.
Councilmember Brown stated he would like to see the Comprehensive Plan passed tonight by
the City Council.
Councilmember Weycker stated she has already recommended her changes to the
Comprehensive Plan at previous meetings and would like to see the City Council finish the
review process tonight.
Councilmember Ahrens stated she is equally frustrated with a continuous review of the
Comprehensive Plan and the SWMP by various staff and Commissioners and would like to
get this topic off of the agenda. She agreed to continue the meeting and pass the Plan in
some fashion if possible.
Mayor Meisel stated the consensus was to continue the review process of the Comprehensive
Plan in hopes of passing it tonight. She stated they would continue after a ten-minute break.
The City Council recessed at 9:45 p.m.
Mayor Meisel stated on break a suggestion was presented to her regarding the page-by-page
review process of the Comprehensive Plan. She stated rather than having a page-by-page
review, all Councilmembers were handed a card by Mr. Prosser of Ehlers & Associates.
She suggested having each Councilmember submit his/her changes to Mr. Prosser by e-mail
or mailing by March 1, 2000, who will in turn integrate them and the Planning
Commission's changes into a final draft form that will be presented to the City Council with
the changes indicated. She stated she would continue the public hearing at that time which
would probably be the first meeting in April.
Councilmember Hanus asked how the public would be given this information in a timely
manner. Mayor Meisel stated Mr. Prosser would be able to have a draft done within two
weeks which would be submitted to the Commissions at that point in the same format as
presented in the past.
Councilmember Brown asked by waiting until the April meeting, would we jeopardize the
grant money at this time for the post office. The City Planner stated he does not see the tree
relation between the two, but passing the Comprehensive Plan would certainly help with this
issue.
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MOUND ¢IT~ COUNCIL MEETING- FEBRUARY 22, 2000
Mayor Meisel stated the Planning Commission would be reviewing the preliminary concept
plans on March 13, 2000. Mr. Prosser agreed.
Mr. Prosser further stated he would like to make sure each Councilmember submits their
comments on the relocation of the post office and he will, in turn, develop a contingency
plan for the post office to be presented at the time the Comprehensive Plan is presented.
Councilmember Hanus stated he would like to continue discussions concerning the relocation
of the post office at the end of the meeting. The Councilmembers agreed with this
suggestion.
Mayor Meisel reopened the public hearing at 9:50 p.m. for a continuation of the
Comprehensive Plan.
MOTION by Ahrens, seconded by Brown, to continue the public hearing on the
Comprehensive Plan until the first week in April. The vote was unanimously in
favor. Motion carried. 5-0.
Councilmember Hanus stated he wanted it clarified the recommendations to staff would
include visions for the community center site as well. Mayor Meisel agreed.
1.15 REOUEST FROM NANCY AND CONRAD STARR TO RECONSIDER THE
TEMPORARY VARIANCE APPROVED FOR THEIR DETACHED GARAGE
TO ALLOW IT TO REMAIN.
The City Planner stated the owners have requested the City Council consider the temporary
variance approved for their detached garage and allow it to remain. In Resolution//97-24, it
is stated quite clearly the terms of the variance and why the dilapidated detached garage that
is in need of great structural repairs needs to be torn down. The City Planner stated the
garage is nonconforming, it encroaches on the neighboring property to the north, and it is
five feet away from the right-of-way. However, he stated, based on the streamlining code,
this could possibly be passed. He further stated the Planning Commission denied this request
at its February 14, 2000, meeting.
Mayor Meisel questioned if we would have allowed the garage to stay if it had not been
previously requested to have it removed in Resolution//97-24. The City Planner stated the
City would not have allowed this situation.
Councilmember Ahrens stated she is alarmed to have it mentioned that streamlining would
apply in a case where an individual has a structure that is nonconforming and the structure
encroaches on the neighbor's property. Councilmember Brown agreed with Councilmember
Ahrens.
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MOUND CI2Y COUNCIL MEETING- FEBRUARY 22, 2000
Councilmember Hanus asked the City Attorney if the City has the authority to grant
permission to keep a structure on someone else's property. The City Attorney stated it does
not have this authority.
Councilmember Brown recommended that the Council allow an extension until April 1,
2000, before the dilapidated detached garage would need to be tom down.
MOTION by Brown, seconded by Weycker, to DENY the applicants' request for
reconsideration of the removal of their detached garage, but to allow an extension
until April 1, 2000, to remove the dilspidated garage.
Discussion.
Councilmember Ahrens clarified the City of Mound would wait until April 1, 2000, to have
the applicants tear down the detached garage, but after that point, if the garage has not been
removed, the City can remove it.
Mayor Meisel directed staff to give the applicants an extension until April 1, 2000.
Motion carried. 5-0.
1.16 CONSIDERATION FOR REINSTATING THE POLICE CANINE PROGRAM.
Mayor Meisel stated at the Committee of the Whole meeting the Councilmembers were
presented information about this program. When all of the information had been presented,
the consensus was that even though it was a good program, the money was not in the budget
this year and the program would have to be put on hold. Mayor Meisel stated the following
day she was approached by Chief Harrell, who is present tonight, and who will clarify some
misrepresented information that was given to the Committee of the Whole.
Chief Harrell stated when the officers heard the canine program was turned down by the
Councilmembers, there was a lot of emotions that were exerted. Chief Harrell stated the
program would basically be paid for by the Mound Criminal Prevention Association. He
further stated they would need to convert a car with minimal expense, the force would not
have to add a vehicle, and the use of a car with the higher mileage is not required as well.
He stated with regard to overtime because of dog training school, Niccum has agreed to
cover the officer's position when he is at the EMT school. The canine would be considered
a narcotic dog. Chief Harrell stated this would be a great PR tool for the City of Mound.
Mayor Meisel opened the public hearing at 10:10 p.m.
Jim Ventura, 1000 Superior Boulevard, Wayzata. Mr. Ventura is an attorney representing
the Mound Criminal Association. He stated they are dedicated to serve on the Canine
program in Mound. Mr. Ventura stated this program would support officer safety. He
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MOUND CITY COUNCIL MEETING - FEBRUARY 22, 2000
further stated it would be very mst-effective and a positive impact to the City wouM be
great. He stated having a canine program would deter criminals from hiding in the tall
grasses or abandoned buildings because they know they would be located by a trained canine.
He stated Mound would be sending a message to the public they are a community that is
devoted to stopping crime.
Mayor Meisel stated she spoke with Jim Brandon on the Mound Criminal Prevention
Association. He stated the money that is available for this program now is about $6,000.
Mr. Brandon stated to Mayor Meisel they would support this canine program with an
extreme positive attitude, and they would hope to contribute every year to the program. Mr.
Brandon stated he felt there would be no problem in raising the funds for this program if the
need arises. Furthermore, there is the possibility of asking the public for funding if other
means have been exhausted. Mayor Meisel is confident Jim Brandon would help with the
funding of this program.
Mayor Meisel questioned the canine officer wages and Chief Harrel stated the wage has been
allocated already.
Chief Harrell stated when the 12 weeks of training have been accomplished, the dog will be
valued at approximately $10,000 and does not need to be job placed with the officer the
canine started with if the canine had to leave Mound for some unknown reason. He stated
within 18 months the dog would be trained for narcotics. He further stated the officer
already committed to this program would work less hours to compensate for the time spent
with the dog, rather than overtime being exerted.
Councilmember Hanus asked about other minor costs and how they would be funded. Chief
Harrell stated in the past the competitions have been paid for these costs and if the monies
would not come from there, then the crime fund would be more than happy to spend their
funds for this program.
John McKinley, 4177 Shoreline Drive, Spring Park. He stated he was the first canine officer
in Mound. He stated the year he and his dog went to national competition, it was funded by
organizations such as the VFW. He stated transporting an individual with a dog in the car,
is beneficial to the officer, and would pose no problem with the citizen.
Councilmember Brown stated this program presented tonight was a whole new program than
what was presented to him and he had passed on to the Committee of the Whole. He was a
little disturbed about being presented with false information, but was glad to hear the canine
program looked more financially possible.
Councilmember Brown wanted some clarification. He asked why Hennepin County would
not bring a dog into Mound if requested. Mr. McKinley stated they probably would not
because they do not come out as far as Mound with their canine program.
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MOUND CITY COUNCIL MEETING- FEBRUARY 27,, 2000
Chief Harrell stated this canine program would be an incentive program for the officers and
would keep the police department more content. He stated in the past this was a cost-
effective program and a unique one which he would like to see started up again in Mound.
Councilmember Itanus stated, and all other Councilmembers agreed, he was under the
impression the only benefit of the canine program was a PR one and it was proven tonight
there were other benefits. He restated there would not be a transporting problem anymore, a
new car was not an issue anymore, and the Crime Prevention fund would help with the
financial commitments.
Chief Harrell stated a real benefit is a PR one, but as noted tonight, there are other benefits
as well.
Dan Niccum, P.O. Box 13, Mound. Mr. Niccum stated there is quite a bit of wait time
when a trained canine would be brought into the City of Mound. In a past experience, it
took between 2 to 2 1/2 hours before a canine was brought in to the school in a bomb threat
situation. He was employed by Mound when the other two canines were at Mound, and is
very confident this program leaves a positive note with the police department.
Jason Swensen, 5341 Maywood Road, Mound. He stated he was surprised to hear the
canine program was turned down at the COW meeting because of budgeting issues, when in
the past, Chief Harrell has always come up with monies to support a program that the police
department feels is worth supporting. He further commented the dog would be utilized for
fights at the bar, parking lot patrol, hauling off drunks, searches at schools, and kid-friendly
programs.
Mayor Meisel closed the public hearing at 10:35 p.m.
MOTION by Weycker, seconded by Ahrens, to proceed with reinstating the
canine program for the City of Mound. The vote was unanimously in favor.
Motion carried. 5-0.
1.17 CONSIDERATION FOR APPROVAL OF METRICOM RIGHT-OF-WAY
ACCESS PROPOSAL.
The City Planner stated Metricom is a wireless communications company that is involved in
internet, e-mail and local air network access seeking to secure its future in the Twin Cities
and nationwide. He stated the agreement has been accepted by the League of Cities. He
stated there are revenues generated per pole for the City of Mound, as well as 10 free
subscriptions for the City. The City Planner stated the Suburban Right Authority does not
foresee any problems with this company. He then introduced Joe Condo.
Mr. Joe Condo of Metricom presented a live sample of the radio transmitter. He stated
unlike typical phone or cable companies that offer "wire" service, Metricom uses wireless
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MOUND CITY COUNCIL MEETING- FEBRUARY 22, 2000
technology to transmit data over its service area. He stated they are an alternative to typical
service providers and have been operating in major metropolitan areas on the east and west
coasts for a number of years. He stated Metricom uses small radio transmitters to transmit
signals throughout their coverage area. These transmitters are typically mounted to street
lights or other utility poles to tap into existing power supplies. He stated they would be
disbursed approximately one transmitter per square mile. Mr. Condo stated there are 15
cities within the Twin Cities that have approved this wireless system for their city.
Councilmember Ahrens asked if the contract was revised by any of the 15 cities that have
agreed to participate in this program. Mr. Condo stated the contract has not been revised.
The City Attorney stated there is a municipality clause in the contract which would benefit
the City of Mound. It states if another city works out a better financial agreement for this
type of access, the City of Mound would have rights to that financial decrease.
Councilmember Hanus asked if the changes Mr. Jim Strommen suggested have been
implemented into the agreement. Secondly, he is concerned if the $1,000 reimbursement for
fees is large enough.
Councilmember Weycker is also concerned if changes Mr. Strommen mentioned have been
implemented, specifically on page 826, number 1.8.
The City Attorney stated after reviewing the agreement, the agreement presented to the
Councilmembers does not have the changes Mr. Strommen suggested. A specific change
was having the word "places" removed or changed.
Mr. Condo was not aware of any proposed changes being made by Mr. Strommen.
The City Attorney is not comfortable approving the agreement before Mr. Strommen has
completed his review of the final draft.
Councilmember Hanus questioned paragraph 1.9 on page 826.
Mayor Meisel questioned page 830, paragraph 4.4 and whether or not the $1,000 was an
appropriate amount. She would like to know if this amount could be renegotiated to state
any excess amount over the $1,000, would be paid by Metricom.
Mr. Condo stated the agreement cannot be restated if there are excess reimbursements fees
over the $1,000 mark, they will be paid by Metricom. Metricom is too small of a company
to comply.
The City Attorney stated, and the City Planner agreed, the $1,000 covers only the
preparation of the document which has basically been completed by the consultants for the
City of Mound for less than $500.
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MOUND CITY COUNCIL MEETING- FEBRUARY 22, 2000
Coun¢ilmemDcr Ahrens stated the $1,000 appears to Dc an appropriate amount with almost
all of the work already done on the document and it having reached approximately $500 to
date.
Hanus moved and Ahrens seconded the following resolution to approve the Agreement with
Metricom upon Mr. Strommen's complete satisfaction with the final draft of the Agreement.
RESOLUTION//00-28
RESOLUTION TO AUTHORIZE THE MAYOR
AND ACTING CITY MANAGER TO EXECUTE A
RIGHT OF WAY PERMIT AND FACILITY USE
AGREEMENT WITH METRICOM, INC.
Motion carried. 5-0.
1.18 CONSIDERATION FOR MOUND REDEVELOPMENT COMMUNICATIONS
PLAN.
Councilmember Weycker stated the Redevelopment Communications Plans was presented at
the Committee of the Whole on February 15, 2000, and she suggested at that meeting
another means of good communication could include a billboard. Councilmember Brown
stated he suggested some form of documentary.
The consensus of the City Council agreed to bring this matter back to the Council at a later
date in time when all of the Commissions have reviewed the Plan and presented some
comments and ideas.
1.19
RESOLUTION APPROVING SUBMITTAL OF AN APPLICATION FOR USE
OF 2000 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT
BLOCK GRANT PROGRAM CONSILIDATED POOL FUNDING AND
AUTHORIZING SIGNATURE OF $UBRECIPIENT AGREEMENT WITH
HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS FOR 2020
COMMERCE BOULEVARD, INDIAN KNOLL MANOR.
Councilmember Brown stated the HRA Director would like to use the grant money to
improve the ventilation and also convert studio apartments to handicapped accessible
apartments in the HUD subsidized housing.
Brown moved and Ahrens seconded the following resolution:
RESOLUTION//00-29:
RESOLUTION APPROVING SUBMITTAL OF AN
APPLICATION FOR USE OF 2000 URBAN
HENNEPIN COUNTY COMMUNITY
DEVELOPMENT BLOCK GRANT PROGRAM
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MOUND CITY COUNCIL MEETING- FEBRUARY 22, 2000
CONSOLIDATED POOL FUNDING AND
AUTHORIZING SIGNATURE OF SUBRECIPIENT
AGREEMENT WITH HENNEPIN COUNTY AND
ANY THIRD PARTY AGREEMENTS.
The vote was unanimously in favor. Motion carried. 5-0.
INFORMATION/MISCELLANEOUS.
1. Draft financial statement for the Liquor Fund.
2. Annual report from Joel Krumm, Liquor Store Manager.
Letter from the DN-R notifying Park Director, Jim Fackler, that our application for
the Minnesota ReLeaf Grant has been approved in the amount of $5,000.
REMINDER: Interview of candidates for City Manager will be held here at City
Hall on Friday, February 25, 2000, at 10:00 a.m., 1:00 p.m. and 3:00 p.m.
Mayor Meisel distributed guidelines for interviewing to the Councilmembers. The
City Attorney stated the names mentioned in the pamphlet should not be made public
until Mercer has been authorized by each candidate to make it known.
Memo dated 2/16/00 from Jim Fackler to Mayor/City Council regarding multiple slip
dock sites specifications.
LMCD News Release dated 2/10/00 and Executive Director Newsletter dated
2/11/00.
7. Location of the Post Office.
Councilmember Hanus expressed concern about the development site and the change of
direction it may be taking because of the location of the post office consuming more time
than expected. He stated last summer he wanted to spend time looking at sites for the post
office. He stated it appears there is concern to get a location of the post office done quickly
to not lose the grant money. He stated the City of Mound cannot afford to lose the grant
money. He mentioned it has always been noted that the post office should be put downtown
to draw traffic in and this would also be a destination location as well. Councilmember
Hanus is concerned about the timeframes with the development site and at this point, he
would appreciate a contingency plan put into play.
Mr. James Prosser stated if the Councilmembers have concerns about the location of the post
office, then this needs to be addressed right away. Also, he stated a contingency plan could
be put together and he would assist in accomplishing this project.
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MOUND CIT~ COUNCIL MEETING- FEBRU/~ ~, ~000
The consensus of the Councilmcmbers agreed there is great concern that the grant money
will be taken away if the City of Mound if it does not act quickly and get a location for the
post office.
Mr. Prosser stated he would like the concerns of the Councilmembers addressed and
presented to him. He stated the proximity of the post office to the residential location is
appears to be a concern to the Councilmembers.
Councilmember Hanus asked if the City Council is wasting their time with Metro Plains.
Specifically, is Metro Plains planning only what is best for them and not considering what is
best for the City of Mound. Mr. Prosser stated there are other options where the post office
could be located, and soil testings need to be accomplished to figure out where the post
office could actually be relocated.
The City Attorney stated the City Council needs to decide if the post office should be
downtown or located elsewhere. Mr. Prosser still favors having the post office downtown.
There were extensive decisions about where the post office could be located, but nothing was
decided.
Mr. Prosser clarified after conversations made by the City Council that they would
appreciate several options for the relocation of the post office. He stated the
Councilmembers could present to him their thoughts in writing and then Mr. Prosser could
come up with sites that would be appropriate.
Mayor Meisel suggested the next step for the City Council should possibly be meeting with
the other Commissions and come up with locations for the post office that are agreed upon
by everyone and agreed that would be the best thing for the City of Mound. The City
Planner agreed this would be an appropriate step.
Mr. Prosser stated he has been enlightened and had not realized the City Council's concerns
with the post office location and the redevelopment site. He stated the City of Mound needs
to come up with general parameters for developers who are interested in building in Mound.
Mr. Prosser further stated they also need to come up with a vision for the school site and
need to be proactive and reactive with this process.
Mayor Meisel asked Mr. Prosser and the City Attorney for some direction. It was agreed
each Councilmember would send his/her concerns for the post office location and the
redevelopment project to Mr. Prosser. Mr. Prosser stated he would, in turn, bring back
options for the post office and would set up a contingency plan as well.
Councilmember Weycker stated the relocation of the post office and the redevelopment site
have never been brought up properly with all the Commissions and working towards that
goal would be positive in her mind.
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MOUND CITY COUNCIL MEETING- FEBRUARY 22, 2000
ADJOURNMENT,
MOTION by Brown, seconded by Ahrens, to adjourn the meeting at 11:58 p.m.
The vote was unanimously in favor. Motion carried. 8-0.
Len Harrell, Acting City Manager
Attest: Council Secretary
176
PAYMENT BILLS
DATE: FEBRUARY 22, 2000
BILLS ACCOUNTS PAYABLE
BATCH #
#0013
AMOUNT
198,019.96
TOTAI., BILLS 198,019.96