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2009-05-26MOUND CITY COUNCIL MINUTES MAY 26, 2009 The Mound City Council met in regular session on Tuesday, May 26, 2009 at 7:30 p.m. in the council chambers of city hall. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, and Heidi Gesch Members absent: Greg Skinner Others present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Parks Superintendent Jim Fackler, Chris Valerus, John & Michelle Olson, Steve Miller, Kevin Nobrega, Lee Anne Pederson, Rita Pederson, Vicki & Robert Tang, Tony Wickland, Joe Norack, Vince Forstyk Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event it will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Acting Mayor Osmek called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve agenda Hanus requested the addition of 6A, Water Bank Commons, and Osmek requested the addition of 613, Wolner Field Flagpole. MOTION by Osmek, seconded by Gesch to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda Osmek requested the removal of item 4A from the consent agenda. MOTION by Osmek, seconded by Gesch to approve the consent agenda as amended. All voted in favor. Motion carried. A. (removed) B. RESOLUTION NO. 09-42: RESOLUTION TO APPROVE A BOUNDARY ADJUSTMENT FOR THE PROPERTIES AT 5525 SHERWOOD DRIVE AND 5513 SHERWOOD DRIVE AND VARIANCES FOR THE PROPERTY AT 5513 SHERWOOD DRIVE. PID #13- 117 -24 -23 -0038 AND 13- 117 -24 -23 -0039. C. Report on Public Works Department Vehicle Take -Home Usage D. Approve permits for Spirit of the Lakes Festival, waiving fees: 1. Public Gathering permit 2. Public Dance /Live Music permit 3. Seasonal banner & portable sign permit 4. Parade permit Mound City Council Minutes — May 26, 2009 5. Temporary consumption & display permit 6. Temporary on -sale liquor license E. RESOLUTION NO. 09 -43: RESOLUTION AUTHORIZING EXECUTION OF SAFE AND SOBER AGREEMENT 4A. Approval of claims Osmek requested removal of this item from the consent agenda because he has a request for reimbursement from the trip to Washington in this batch of claims. Hanus also has a claim included. MOTION by Gesch, seconded by Salazar to approve payment if the claims in the amount of $396,443.23. The following voted in favor: Gesch and Salazar. The following voted against: None. Osmek and Hanus abstained from voting. Motion carried. 5. Comments and suaaestions from citizens present on any item not on the agenda None were offered. 6. Parks Superintendent Jim Fackler on Dakota Regional Trail snowmobile crossing Fackler presented proposed options for snowmobile crossings at Cottonwood Lane, Southview Lane, and Sugar Mill Lane, plus one on the southeast side of Lake Langdon, across from Mound Bay Park. Discussion took place regarding the feasibility of these crossings. Osmek requested that Fackler research to determine if there is a portion of land in the Rottlund Development that the city retained that could be used for public access, if not they would have to go down the trail to the Southview Crossing. He also suggested contacting the owner of 6045 Southview for an easement to cross there. Fackler stated the request from the snowmobile club is for three crossings, and the Parks and Open Space commission recommended allowing snowmobiles to ride on the north side of the current trail and have one crossing between 6021 Chestnut and Cottonwood Lane. Osmek suggested that Fackler go to Hennepin County Regional Rail and Three Rivers with the proposal of the three proposed crossing, along with options suggested earlier as a starting point. Fackler also mentioned that a fourth crossing was proposed to get access from Lake Langdon to Lake Minnetonka, being to Beachwood across from the Depot. Fackler will proceed with making requests to Hennepin County Regional Rail and Three Rivers District as outlined above, and report to the Council on the progress. 6A. Water Bank Commons Rita Pederson, 1847 Shorewood, stated that she was before the council fifteen years ago and stated that Waterside Lane is mislabeled. It should be Water Bank Commons, not Waterside Lane, and wants the typo error to be corrected. She presented some Mound City Council Minutes — May 26, 2009 plats and surveys that show the name Water Bank Commons on them. She wants Waterside Lane indications on city maps to be changed to Water Bank Commons. She said the road, Waterside Lane, is sitting on Water Bank Commons. With the road project this year, she is requesting that Waterside Lane be taken out, not be improved and taken off of the Water Bank Commons. Hanus asked if the primary issue is they don't want the road there anymore, and Pederson stated that this road was never platted and somehow the cement and tar got placed there. John Dean informed her that Waterside Lane is considered a statutory road because it has been used as such for at least seven years. Pederson confirmed that the only property that uses Waterside Lane as an access. Michelle Olson, 2060 Waterside, stated that they are willing to access their property from Spruce if Waterside Lane is taken out. Kandis Hanson confirmed with them that if Waterside Lane were taken out, they would want to put in a new driveway and access from Spruce. Osmek stated that the City would require Olson's to sign a firm legal document that says if they do change their access to Spruce, the resident is responsible for all costs incurred and hold the city completely harmless of any liability. Hanus stated that the point tonight is not to approve anything, but get it in front of the Council to determine if they want staff to review this request. Pederson went on to express that the abutting residents want the typo error fixed, being Waterside Lane should say Water Bank Commons. She stated that the current Hennepin County maps and the city maps and dock maps are all wrong and they all say Waterside Lane. Hanus stated that the street is identified as Waterside Lane, and the commons is Water Bank Commons. MOTION by Osmek, seconded by Salazar to have staff review this issue (including Public Works and Public Safety) and report back to the Council. All voted in favor. Motion carried. The cost of this research came up and Kandis Hanson stated that in other situations similar to this, the city bears costs up to $500 and after that property owners are charged. 6B. Wollner Field flagpole Osmek presented a request from the Upper Tonka Little League, along with a cost estimate, to erect a flagpole at Wolner Field. The old flagpole was attached to the old scoreboard that was replaced. Discusssion followed on the requirements to have the flag lit if it stays up all of the time and this will be researched. This request is being expedited without going through the Parks and Open Space Commission because the baseball season has already started and they do play the National Anthems before games, and need a flag. Mound City Council Minutes — May 26, 2009 MOTION by Osmek, seconded by Salazar that Wolner Field, a City owned property, is a recreational resource of the City and the installation of a flagpole using park dedication funds would serve an important recreational, civic and community benefit and would be an appropriate use of such funds for the installation of a flagpole and lighting, not to exceed $2,000, with installation work to be done by the Upper Tonka Little League. All voted in favor. Motion carried. 7. Approve minutes MOTION by Osmek, seconded by Gesch to approve the minutes of the May 12, 2009 regular meeting. The following voted in favor: Osmek, Salazar and Gesch. The following voted against: None. Hanus abstained from voting because he was absent from that meeting. Motion carried. 8. Miscellaneous /Correspondence A. Comments /reports from Council Members — Osmek expressed gratitude for years of service to Office Todd Truax, retiree from the Mound Police Department. Hanus echoed this sentiment. B Reports: Finance: Revenues & Expenses — Apr 2009 Investments — Mar 2009 C. Minutes: Planning Commission — May 5, 2009 Parks & Open Space Comm — Apr 9 2009 Docks & Commons Comm — Apr 16, 2009 D. Correspondence: Email: 5 -year TIF Rule Extension Email: Federal Funding for trailhead project Email: Federal appropriation for transit related development Letter: Hennepin County on 2009 Open Book Mtg Letters: Moorhead Fire Dept Letter: Todd Truax retirement notification Letter: Mediacom on programming 9. Adjourn MOTION by Osmek, seconded by Salazar to adjourn at 9:00 p.m. All voted in favor. Motion carried. 2�. -L, Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk 1