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2003-04-08MOUND CITY COUNCIL MINUTES APRIL 8, 2003 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 8, 2003, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mark Hanus, David Osmek and Peter Meyer. Others Present: City Attorney Paula Callies, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, City Engineer John Cameron, Chuck Alcon, Chris Bright, Dave Hanson, Carol Miletti, Steve Eischens, Sandy Wing, Mark Thiede, Kevin Sheeley, Ann Eberhart. 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 7:54 p.m. 2. PLEDGE OF ALLEGIANCE 3. APPROVE AGENDA Hanson requested that item 7 be removed, because this item was moved to the HRA agenda and discussed earlier in the evening. Brown requested the addition of 1 lA, Flags in Mound MOTION by Osmek, seconded by Hanus to approve the agenda as amended. All voted in favor. Motion carried. 4. CONSENT AGENDA Meisel requested the removal of 4A, Minutes of March 18 and 25, and 4D, Sarenpa Request for Dock at 5446 Bartlett Blvd. MOTION by Brown, seconded by Osmek to approve the consent agenda as amended. Upon roll call vote taken, all voted in favor. Motion carried. A. Minutes of April 1,2003 special meetings (2). B. Approval of Claims in the amount of $152,607.34. C. RESOLUTION NO. 03-35: RESOLUTION CONFIRMING PURCHASE AGREEMENTS, DETERMINING CONFORMITY WITH COMPREHENSIVE PLAN AND AUTHORIZING SALE AND CONVEYANCE OF CITY LAND Mound City Council Minutes - April 8, 2003 D. (removed) E. RESOLUTION NO. 03-35A: RESOLUTION TO APPROVE PUBLIC LANDS PERMIT FOR CHRIS BRIGHT, 4753 ISLAND PARK DR, MOUND, MN; LOT 7,BLOCK 10, DEVON. F. Approve Transient Merchant License as requested by the Northwest Tonka Lions in order to sell hotdogs, sandwiches and pop at the Music In the Park Activities this summer. G. Approve Public Gathering Permit for the Minnetonka Bass Club to hold their fishing tournament weigh-in at Mound Bay Park on May 31,2003 from 11:00 a.m. to 5:00 p.m. 4A. APPROVE MINUTES Meisel stated that she requested the removal of approval of the minutes of March 18 and 25 because she did not attend those meetings and would abstain from voting. MOTION by Osmek, seconded by Brown to approve the minutes of the March 18 and March 25, 2003 meetings. The following voted in favor: Brown, Hanus, Osmek and Meyer. The following voted against: None. Mayor Meisel abstained from voting. Motion carried. 4D. REQUEST BY MARTIN SARENPA FOR DOCK AT 5446 BARTLETT BLVD. Meisel stated the minutes from the Dock Commission where this topic was discussed, were sketchy and she wasn't sure what took place there. The current tax statement states that that the property in question is lakeshore, but Meisel remembers the previous owners coming to the Council asking the City to sell them the lakeshore. There have also been other issues with this parcel. Sarah Smith reported that there was some filling activity going on without permits on this parcel and this is being investigated and the property owner is in the process of a survey and preparing all documents that the City needs. This material should be available in the next few weeks. Meisel also believes there may be covenants on the property with reference to the Lost Lake Subdivision. Discussion followed regarding not acting on the dock request until the covenant issue can be researched. MOTION by Osmek, seconded by Hanus to table this item until the possible covenant can be investigated. All voted in favor. Motion carried. 5. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA Kevin Sheeley of 2712 Tyrone Lane appeared before the Council with a petition from residents on Tyrone Lane requesting signs reading "Slow, Speed Limit 20 mph". They also requested more police patrol and ticketing of violators. He stated that Tyrone Lane is being used as a racetrack and poses great danger for children and pets. Paula Callies informed the Council that special permission is required from the State to reduce speed limits. Discussion followed regarding possible remedies, including speed bumps, increased patrol, and additional stop signs in the area. It was determined that 2 Mound City Council Minutes - April 8, 2003 the Police Department and Public Works would meet and come up with possible remedies for the problem. 6. PUBLIC HEARING - CASE #03-08: CUP FOR ECFE EXPANSION REQUESTED BY WESTONKA SCHOOLS - 5229/5271 SHORELINE DR. & 2324/2330 WILSHIRF Sarah Smith reviewed the application from Westonka Schools for a conditional use permit amendment to expand the Early Childhood Family Education center and also construct a 6362 sq. ft. Learning Center in a portion of the space formerly occupied by Jubilee Foods. Mayor Meisel opened the public hearing at 8:35 p.m. Sandy Wing, Early Childhood Development Coordinator, reviewed the expansion. No further comments were offered, and the Mayor closed the public hearing at 8:40 p.m. MOTION by Osmek, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 03-36: RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT AMENDMENT TO ALLOW EXPANSION OF EARLY CHILDHOOD FAMILY EDUCATION (ECFE) CENTER AND CONSTRUCTION OF A LEARNING CENTER IN SHORELINE PLAZA LOCATED AT 5229-5271 SHORELINE DRIVE AND 2324-2330 WILSHIRE BLVD. P & Z CASE #03-08, PID #13-117-24-34-0072 7. (removed) 8. WARA REAL ESTATEt INCL - SCOTT HOLTER PROPERTY, 2241 SOUTHVlEW Chuck Alcon, Project Manager for WARA Developments, presented a sketch plan to the Council for the property at 2241 Southview Lane. The sketch shows 14 lots with two cul-de-sacs. No action was taken on this item and a formal plan will be presented at a later date. 9. EXECUTIVE SESSION ON ROEGLIN SUIT DISPUTING ASSESSMENT ON WESTEDGE BOULEVARD Paula Callies stated that the Council will be adjourning into closed executive session to discuss client/attorney matters regarding the subject suit. The council went into executive session at 8:50 p.m. The Council reconvened at 9:10 p.m., with Callies recapping that the executive session was held to discuss the status of the Roeglin assessment appeal and the Council has decided to proceed with the legal process. 3 Mound City Council Minutes - April 8, 2003 10. WELL NO. 8 PROJECT A. Purchase A.qreement for Land MOTION by Brown, seconded by Osmek to accept the purchase agreement with Allan A. and Linda A. Moran, for land located at 6139 Evergreen Road, as presented. All voted in favor. Motion carried. B. Action on Addendum to Purchase Agreement MOTION by Brown, seconded by Osmek to approve the Addendum to the Purchase Agreement for land located at 6139 Evergreen Road. All voted in favor Motion carried. 11. REQUEST FOR APPOINTMENT TO WELFARE REFORM EXECUTIVE POLICY COMMITTEE MOTION by Brown, seconded by Hanus not to appoint anyone to the Welfare Reform Executive Policy Committee at this time. All voted in favor. Motion carried. 11A. FLAG DISPLAY IN THE CITY OF MOUND Brown stated that he received thanks from a citizen for putting up flags in the City in support of our troops in the Iraqi War. He wishes to pass this message on to the Public Works Department. 12. INFORMATION/MISCELLANEOUS A. LMC Friday Fax B. FYI: Resignation of Officer Jason Swenson C. FYI: Resignation of Officer Mike Bruckner D. Minutes: Planning Commission - March 3 & 17, 2003 E. Minutes: Public Safety Facility Project - March 31, 2003 F. FYI: Charitable gambling donation G. Correspondence: Gillespie Center H. Correspondence: LMCD I. LMCC calendar J. Memo: AMM on Metropolitan Council redistricting K. Report: Police Department- March 2003 L. Minutes: MHR through April 4, 2003 K. Minutes: Fire Commission - Jan 29, 2003 13. ADJOURN MOTION by Osmek, seconded by Brown to adjourn at 9:35 p.m. All voted in favor. Motion carried. Attest' Bonme R~tter, City Clerk Mayor Pat Me~sel [ 4