2005-01-11
MOUND CITY COUNCIL MINUTES
JANUARY 11, 2005
The City Council of the City of Mound, Hennepin. County, Minnesota, met in regular
session on Tuesday, January 11, 2005, at 7:30 p.m. in the council chambers of city hall.
Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John
Beise, and David Osmek.
Others Present: City Attorney John Dean, City Manager Kandis Hanson, Community
Development Director Sarah Smith, Finance Director Gino Businaro, Parks Director Jim
Fackler, Alison Highberter, Kristin Beise, Orv Burma, Fred and Janet Specht, Andy
Specht, Jenny Specht, Mark Hanus, Janice Beise, Ed Fahlstrom, Richard and Connie
Meyer, Stephanie Specht, Marci and David Kaplan, John Evans, Steve Johnson.
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
separafe discussion on These items unless a Councilmember or citizen so requests, in
which even 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 7:30 p.m.
2. Swearing-in of Councilmembers
City Manager Hanson swore in Mayor Pat Meisel and Councilmembers John Beise and
Mike Specht.
3. Presentation of White House flag, provided by Congressman Jim Ramstad, to
retired Councilmember Mark Hanus.
Councilmembers Brown and Osmek presented retired Councilmember Mark Hanus with
a Unitied States flag that flew at the Capitol in Washington D.C., on December 15,
2004. This flag was provided by Congressman Jim Ranstad in honor of Councilembmer
Hanus' dedicated service to the City of Mound.
4. Approve Agenda
Hanson requested a change in item 5Q, being the date of the joint Planning
Commission/City Council meeting workshop for 2005 projects be changed to February
28, 2005, at 7:00 p.m.
Hanson also requested the addition of Item 5AA, setting a Key Financial Strategies
workshop for February 1, 2005, at 7:30 p.m.
,_._, Osmek requested the removal of Item 5D from the consent agenda and Brown
requested the removal of Item 5L from the consent agenda.
MOTION by Beise, seconded by Brown to approve the agenda as amended. All voted
in favor. Motion carried.
Mound City Council Minutes -January 11, 2005
5. Consent Agenda
MOTION by Osmek, seconded by Brown to approve the consent agenda as amended.
All voted in favor. Motion carried.
A. Approve minutes of December 6, 2004 Truth In Taxation Hearing, and December
14, 2004 regular meeting.
B. Approve payment of claims in the amount or $571,507.62.
C. RESOLUTION NO. 05-01: RESOLUTION APPOINTING GINO BUSINARO,
FINANCE DIRECTOR, AS ACTING CITY MANAGER FOR 2005.
D. (removed)
E. RESOLUTION NO. 05-02: RESOLUTION APPROVING THE PURCHASE OF
AT LEAST A $20,000 BOND FOR THE CITY CLERK
F. RESOLUTION NO. 05-03: RESOLUTION APPROVING THE PURCHASE OF
AT LEAST A $20,000 BOND FOR THE CITY TREASURER/FINANCE
DIRECTOR.
G. RESOLUTION NO. 05-04: RESOLUTION DESIGNATING THE OFFICIAL
DEPOSITORIES FOR 2005.
H. RESOLUTION NO. 05-05: RESOLUTION APPOINTING DAVID OSMEK AS
ACTING MAYOR FOR 2005.
I. RESOLUTION NO. 05-06: RESOLUTION TO APPOINT PARKS
SUPERINTENDENT JIM FACKLER AS ASSISTANT WEED INSPECTOR FOR
2005.
J. RESOLUTION NO. 05-07: RESOLUTON APPOINTING CITY COUNCIL
MEMBERS AS REPRESENTATIVES OF THE CITY COUNCIL ON VARIOUS
BOARDS AND COMMISSIONS
K. Approve recommendations for citizens appointments:
1. Planning Commission: Geoff Michael and Mike Meuller
2. Docks and Commons Commission: Jim Funk and Greg Eurich
3. Parks and Open Space Commission: Monica Winkler, Teri Turner and
Sue Pilling.
L. (removed)
M. Approve request by Mound Police Department for a Kennel Permit
N. RESOLUTION NO. 05-08: RESOLUTION APPROVING AN EXTENTION OF
THE LICENSE AGREEMENT (A14569) WITH HENNEPIN COUNTY
REGARDING ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED
DATA BASE (EPDB) AND AUTHORIZING THE CITY MANAGER TO SIGN
THE EXTENSION AGREEMENT
O. ORDINANCE NO. 01-2005: AN ORDINANCE AMENDING SUBSECTION
610.40 OF THE CITY CODE AS IT RELATES TO WATER METERS
P. ORDINANCE NO. 02-2005: AN ORDINANCE AMENDING SUBSECTION
655.100, SUBD. 2 OF THE MOUND CITY CODE (RIGHT OF WAY
ORDINANCE) TO ESTABLISH THE FEE FOR "UNAUTHORIZED WORK/NO
PERMIT ISSUED" FOR EXCAVATION PROJECTS IN THE MUNICIPAL
STREET RIGHT-OF-WAY.
Q. Approve calling joint Planning Commission/City Council meeting workshop for
2005 projects, for February 28, 2005, at 7:00 p.m.
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Mound City Council Minutes -January 11, 2005
R. RESOLUTION NO. 05-09: RESOLUTION APPROVING A HEIGHT VARIANCE
TO ALLOW INSTALLAION OF AN AREA IDENTIFICATION SIGN AT
SHORELINE PLAZA SHOPPING CENTER. P&Z CASE #04-42, PID #13-117-
24-34-0072.
S. RESOLUTION NO. 05-10: RESOLUTION TO APPROVE THE PLACEMENT
OF A STREET LIGHT ON MILL POND LANE
T. RESOLUTION NO. 05-11: RESOLUTION REQUIRING PAYROLL DIRECT
DEPOSITS
U. Approve increase in imprest funds for Harbor Wine & Spirits from $1,500 to
$2,000.,
V. Approve release of Letter of Credit from MetroPlains Properties in the amount of
$23,830, for Village By The Bay.
W. Approve letter written by City Attorney John Dean regarding land registration
proceedings for Lots 23, 24, 25, 38, 39, and 40, Block 3, Lakeside Park, A.L.
Crocker's 1St Division, Mound, Minnesota.
X. RESOLUTION N0.05-12: RESOLUTION DESIGNATING TWO-HOUR
PARKING
Y. Approve amendment to Administrative Code as it relates to employee
contribution of non-union employees, changing to Total Points shall determine
percent of contribution to the plan as follows: 1-3=3%; 4-5=4%; 6+=5%.
Z. RESOLUTION NO. 05-13: STATE AID STREET FUNDS ADVANCE
RESOLUTION
AA. Set Key Financial Strategies workshop for February 1, 2005, at 7:30 p.m.
in the council chambers.
5D. Adopt resolution naming official newspaper
Osmek asked that this be removed from the consent agenda for discussion. He feels
that the City should use the Lakeshore Weekly for a year to see how they fair, seeing as
there have been recent problems with The Laker. Meisel stated that she and the City
Manager have met with the Laker on their concerns and believe that they can work
together to improve.
MOTION by Brown, seconded by Beise to adopt the following resolution. The following
vote in favor: Brown, Beise and Specht. The following voted against: Osmek. Meisel
abstained from voting as she and her husband own the building that houses The Laker.
Motion carried.
RESOLUTION NO. 05-14: RESOLUTION DESIGNATING THE LAKER AS OFFICIAL
NEWSPAPER FOR 2005.
5L. Approve Steve Johnson as representative to Lake Minnetonka Conservation
--- District
Brown wanted this pulled from the consent agenda for discussion in order to introduce
Steve Johnson, who will be replacing Orv Burma as the city's rep to the LMCD.
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Mound City Council Minutes -January 11, 2005
MOTION by Osmek, seconded by Brown to approve the appointment of Steve Johnson
as the City of Mound's representative to the LMCD. All voted in favor. Motion carried.
6. Comments & Suggestions from citizens present on any item not on the agenda
John Evans shared his disappointment regarding the loss of the BFL2 Hotel Project and
stated he hopes there are steps being taken to revive this project.
Cheryl Martin, on behalf of the Mound Business Council, stated that there is a memorial
fund set up at Crow River Bank for the construction worker that was killed last week on
the CSAH 15 project.
7. Exit comments by Orv Burma, outgoing representative to the Lake Minnetonka
Conservation District
Orv Burma thanked the council for the opportunity to work with the LMCD and cited the
accomplished he witnessed during his role as representative for the City of Mound. He
offered suggestions for better communication between the Council and the new rep,
and offered his help if the new rep desires it.
8. Update on Harbor Wine & Spirits by Liquor Store Manager John Colotti
John Colotti issued a public response regarding the annual Analysis of Municipal Liquor
Store Operations for the year ended 2003 that came from the State Auditor's Office.
That report identifies our operation as having the second highest loss ($65,425) in the
State. That is accurate, but what the report doesn't address are the reasons for a loss
of this magnitude, which in summary are: (1) Change of location in February 2003,
which resulted in start-up costs and new debt; (2) Increase in advertising due to name
change and location change and increase in wine inventory; (3) The fund at the end of
2003 showed a retained earning of $194,279. Sales rose from $1.8 million in 2002 to
$2.1 million in 2003.
9. Discussion/action on a smoke-free policy by request of Hennepin County
Brown stated that he has a problem telling a private business what they can and can't
do in their business establishment. He doesn't feel that government should be involved
in telling a business if they can or can't allow smoking in their business establishment.
Meisel stated she had a call from one of the clubs in town asking if she was interested
in buying their building, because if this ordinance is enforced, it will drive them out of
business.
Osmek feels this ordinance is wrong and stated the reason Hennepin County passed it
is because Bloomington and Eden Prairie argued that their businesses were at a
disadvantage if this ordinance isn't enforced county-wide.
Beise and Specht agreed with Brown that the local businesses should have control over
their own environment.
Osmek asked the City Attorney for a legal interpretation of 2.04 (a), asking if the City
can tell Hennepin County that it's their ordinance so they are responsible for the
enforcement. John Dean answered that there is a separate issue included, being they
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Mound Ciry Council Minutes -January 11, 2005
are asking that Mound's Police Department be informed of the new regulations since
their assistance may be called upon if a disturbance occurs. If the City doesn't wish to
involve the local police then the County needs to be informed of that from the beginning
so they don't expect our assistance. He doesn't feel that the ordinance.as written
obligates our Police Department to enforce it, and maybe dialogue should occur
between the County and City regarding this point.
It was the decision of the Council to direct the City Manager to write a letter in response
to this ordinance and request, expressing the views as discussed. Osmek suggested
that this letter include that it is the unanimous opinion of this Council that Hennepin
County is responsible for the creation of this ordinance and is responsible not only for
the enforcement, but the prosecution and that the City of Mound has no intention to
supply any support for the enforcement of this ordinance. Meisel suggested also
including a copy of the resolution previously passed by the Council in August.
The letter along with a resolution reiterating and supporting such letter will be on the
Council agenda of January 25th for consideration and action.
10. Action on request to designate PID#19-117-23-23-0015 and PID#19-117-23-23-
0139 as abutting properties, as submitted by Richard and Connie Meyer, 4731
Carlow Road
Jim Fackler presented the history of this request, submitted by Richard and Connie
Meyer, to designate PID #19-117-23-23-0015 and PID #19-117-23-23-0139 as
"Abutting Properties". Presently the applicants own two parcels: PID 19-117-23-23-
0139, Lots 1-3, Block 15, which includes the existing house; and PID 19-117-23-23-
0139, Lots 15-18, Block 15, which is currently vacant and was purchased in 1996.
The Meyer property located at 4731 Carlow Road currently has "abutting property
status" as the extension of Lot 18 appears to extend to Lake Minnetonka. In the event
the vacant parcel which includes Lots 1-3 is sold off, the "abutting property status" for
the existing meyer property would be eliminated as it would transfer with Lots 15-18.
Fackler noted that an updated survey was not submitted and further commented on a
similar situation in the Three Points Boulevard area where the status changed for the
existing house when the adjacent parcel was sold off by the owner.
Based on the information submitted by the applicants, "abutting property status" for the
4731 Carlow Road property was authorized by a former Dock Inspector as referenced in
a 1992 memorandum. Staff indicated that "abutting property status" may have been
granted in error as it was assumed that the Meyers also owned Lots 15 through 18 in
1992. Fackler commented that the adjacent vacant parcel was purchased by the
Meyers in 1996 and further commented that the status change for the 4731 Carlow
Road property was not formally approved by the Docks Commission or the City Council.
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Mound City Council Minutes -January 11, 2005
The Council discussed the 1992 memorandum and also discussed the possibility of the
Meyers and new owners "sharing" the dock site. The applicants indicated they are not
interested in sharing a dock site as the 1992 memo granted them "abutting property
status" and further commented that they have been maintaining the property for several
years.
MOTION by Osmek, seconded by Beise to grant abutting property status to Lot 1 and
Lot 18 and remand the dock placement and/or design issue to the Docks Commission
on the following findings of fact: (a) 1992 memo granted abutting property status to Lots
1-3 even though Lot 1 did not have lot line extension; and (2) the current owners have
contributed to the docks program by maintaining the property for several years.
Meisel stated that she cannot support the motion as the application contains insufficient
information, including but not limited to, the lack of submittal of an updated survey. She
stated she is not against the concept, rather she wants accurate property data. Brown
suggested the applicants prepare an updated survey for review and submittal to the
Docks Commission.
Fackler stated he supports the comments of the Mayor and strongly encouraged the
submittal of an updated survey and all appropriate information.
Specht stated that he would like clarification of the importance of the 1992 memo
including whether or not it binds the City to grant "abutting status".
Osmek withdrew his motion and Beise withdrew his second.
MOTION by Osmek, seconded by Beise to reaffirm abutting status of Lots 1-3. After
discussion Osmek withdrew his motion and Beise withdrew his second.
MOTION by Osmek, seconded by Brown to require the applicants to prepare an
updated survey for Lots 15-18 to verify abutting status. Osmek withdrew his motion and
Brown withdrew his second.
MOTION by Brown, seconded by Beise to allow Lots 1-3 to retain abutting status and to
assign abutting status to Lots 15-18, if updated survey confirms that extension of the lot
line for Lot 18 extends to Lake Minnetonka. Discussion followed.
John Dean clarified that action will obligate the City to provide another dock which may
remove a dock for a user in the area and commented that the validity of the 1992 memo
is not known.
The Meyers commented that they want two (2) docks and that they have maintained the
property for over thirty (30) years. They believe they are abutting for Lots 1-3 and
stated that they are not willing to share a dock.
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Mound City Council Minutes -January 11, 2005
Bown explained that the abutting status is determined by an extension of the lot line to
the lake.
MOTION by Osmek, seconded by Beise to affirm "abutting status" for Lots 1-3 and to
require the preparation of an updated survey for Lots 15-18 by the applicants to verify
the extension of the lot line for Lot 18 to the shoreline. If the survey demonstrates the
extension of the lot line, the abutting status shall be confirmed and abutting status shall
be granted. Discussion took place.
Osmek offered a friendly amendment to the motion to forward the dock
placement/design analysis to the Docks Commission and included the following findings
of fact: (1) 1992 memo granted abutting status to Lots 1-3 even though Lot 1 did not
have a lot line extension; and (2) the current owners have contributed the docks
program by maintaining the property for several years.
Beise seconded the friendly amendment.
The following voted in favor: Beise, Brown and Osmek. The following voted against:
Meisel and Specht. Motion carried.
~' 11. Action Approving Proposed Changes to 2005 Dock Map
MOTION by Brown, seconded by Osmek to approve the 2005 dock map as presented.
All voted in favor. Motion carried.
12. Information/Miscellaneous
A. Report: Finance Department -November 2004
Mohawk Jaycees charitable gambling contribution
B. Newsletter: Gillespie Center
Minnehaha Creek Watershed District
Metropolitan Council
C. Minutes: Planning Commission -December 20, 2004.
13. Adjourn
MOTION by Osmek, seconded by Brown to adjourn at 10:30 p.m. All voted in favor.
Motion carried.
~~,~ a~1
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
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