Loading...
2005-11-08 MOUND CITY COUNCIL MINUTES NOVEMBER 8, 2005 The City Council for the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 8, 2005, at 8:00 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, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director Carlson Moore, City Engineer Bob Dehler, Parks Superintendent Jim Fackler, Docks Administrator Katie Hoff, Jim Dailey, Patrick Smith, Brad Bristol. 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 opened the meeting at 8:00 p.m. 2. Pledge of Allegiance 3. Approve Agenda Meisel requested the addition of 6B, Approval of Agreement with MHRD and Hanson requested the removal of Item 4i. MOTION by Osmek, seconded by Specht to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent Agenda MOTION by Beise, seconded by Brown to approve the consent agenda, Items 4A through 4H. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of October 25, 2005. B. Approve payment of claims in the amount of $1,367,385.36. C. Approve moving December 123, 2005 regular meeting back to 7:30 p.m. D. Approve Final Pay Request from Doboszenski & Sons, Inc., in the amount of $11,735.23 for the 2373 Chateau Lane Demolition E. RESOLUTION NO. 05-146: RESOLUTION TO APPROVE SUBDIVISION EXEMPTION APPLICATION FROM LOREN AND SREY PELLET AND MARK CHATTERTON AND JULIA HALBERG FOR SUBDIVISION AND COMBINATION OF PROPERTY LOCATED AT 5425 BARTLETT Mound City Council Minutes -November 8, 2005 BOULEVARD, 5429 BARTLETT BOULEVARD AND ADJACENT VACANT PARCEL LOCATED IN BETWEEN (ADDRESS UNASSIGNED). PID #24-117- 24-23-0027, 24-117-24-23-0031, AND 24-117-24-23-0030. PLANNING CASE NO. 05-66. F. ORDINANCE NO. 17-2005: AN ORDINANCE AMENDING CHAPTER 437 OF THE CITY CODE AS IT RELATES TO DOCK AND SLIP LICENSES G. Approve closeout of electrical contract with Ridgedale Electric/Mound Public Safety Building as recommended by the Fire Chief and City Manager, and to direct the City Manager and Mayor to execute a final agreement incorporating the terms stated. H. Approve On-sale liquor and Sunday liquor licenses for The Daily Group, Inc., (d.b.a. Carbone's Pizzeria and bailey's Pub) as requested, effective January 1, 2006. 5. Comments and suggestions from citizens present on anv item not on the agenda. -None were offered. Mayor Meisel turned the meeting over the Acting Mayor Osmek because of a possible perceived conflict of interest due to ownership of property in the redevelopment area. 6. Consideration on anv matter regarding Mound Harbor Renaissance Development Phase I closing. A. Resolution Authorizing Sale of Certain Land in the City John Dean explained that this resolution is needed for the transfer of title of property in the Lost Lake District to MHRD. MOTION by Brown, seconded by Specht to adopt the following resolution. The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Mayor Meisel abstained from voting. Motion carried. RESOLUTION NO. 05-147: RESOLUTION AUTHORIZING THE SALE OF CERTAIN LAND IN THE CITY. B. Approval of Agreement between the Citv of Mound and MHRD John Dean explained that the subject agreement specifies the amounts that the Minnehaha Creed Watershed District (MCWD) will reimburse the city to cover the costs of constructing certain storm water facilities, and how the city will reimburse MHRD for its share of the storm water facilities that MHRD constructs. MOTION by Beise, seconded by Brown to approve the subject agreement between the City of Mound and Mound Harbor Renaissance Development, LLC. .The following -- voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Mayor Meisel abstained from voting. Motion carried. 2 Mound City Council Minutes -November 8, 2005 Mayor Meisel returned to preside over the rest of the meeting. 7. Action on recommendation for slip revocation: Ralph McFall Jim Fackler gave the history of this item and handed out background information and a letter dated July 25, 2005, that Mr. McFall wrote to explain why his watercraft was not moored at his dock on the June 15th deadline. Fackler stated that McFall was informed that his dock revocation was on two separate Docks Commission agendas, and he did not attend or send a representative. Brad Bristol, 1559 Bluebird Lane, Mr. McFall's neighbor, appeared on his behalf to explalin why McFall failed to have his boat in by the deadline, being that his job takes him away from home for months at a time. Osmek feels that McFall has a reasonable explanation but if the same thing happens next year he will look at it differently. Brown stated that if the dock means that much to him he could have had someone speak for him earlier than this. Bristol stated that he contacted Kandis Hanson at one time. Beise commented that McFall's been in the Dock program for some time and he did make some attempt to contact the City. Beise is in favor of allowing him to retain his dock this time, but if he is not in full compliance in future years his dock will be revoked. Specht feels that McFall had ample time to get his boat in the water and they are failing the people on the waiting list to allow him to retain his dock after not complying with the ordinance. MOTION by Osmek, to reverse the revocation and allow McFall to keep his boat dock. Beise seconded the motion with a friendly amendment that McFall be required to strictly comply with the ordinance for the next several years. Osmek did not accept the amendment and Beise seconded the motion as originally stated. Osmek then amended his motion to add that if McFall's watercraft isn't in the water by June 15th next year, there will be no appeal process allowed and the dock will be revoked. Beise accepted this amendment. The following voted in favor: Osmek and Beise. The following voted against: Specht and Meisel. Brown abstained from voting. Motion failed. MOTION by Brown to reverse the revocation and have no leniency for the next five years, being if the boat is not in by June 15th, the dock is revoked. Beise seconded the motion with a friendly amendment that the five years be changed to three years because that is the length of time he will be in office. Brown accepted the amendment, and then withdrew his motion. MOTION by Brown, seconded by Specht to deny Ralph McFall's appeal and revoke his dock permit, removing him from the Docks program. The following voted in favor: Brown, Specht, and Meisel. The following voted against: Beise and Osmek. Motion carries. 3 Mound City Council Minutes -November 8, 2005 8. Discussion on request from Upper Minnetonka Sailing School for use of Mound Bay Park in 2006 for sailing lessons. Jim Fackler explained that a proposal was recently submitted by the Upper Minnetonka Sailing School (UMSS) requesting use of Mound Bay Park to serve as the "home" of their yachting school for the 2006 season. Staff is requesting input from the City Council regarding the appropriate process for review of this proposal. Discussion followed regarding concerns over private use of the park, parking, and how it would affect the BSU count with the LMCD. MOTION by Osmek, seconded by Beise to remand this to the Planning Commission, Parks and Open Space Commission and Docks Commission for their review and recommendation. All voted in favor. Motion carried. 9. 2006 Street Project MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-148: RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2006 STREET RECONSTRUCTION PROJECT. 10. Report on Municipal State Aid Fund Carlton Moore reported explaining what the Municipal State Aid Fund is and what Mound streets are included in this system. He also summarized the funding that Mound has received over the past few years and the allocation and use of these funds. 11. Miscellaneous/Correspondence A. Questions and comments from Councilmembers: Brown noted that November 11tH is Veterans' Day and thanked all veterans that have served our Country. B. Correspondence: Combined Timelines for MHRD Making Recycling Easier (WM) C. Reports: Mound Fire Department Harbor Wine & Spirits - Osmek commented that a hearing will be held on November 22"d, according to state statute, regarding the loss at the liquor store. He wanted to bring attention to the fact that every month this year has seen significant progress over 2004, and October looks like a 20% increase. The redevelopment of CSAH 15 affected each business in that area. Meisel also commented that it's important that everyone note that city tax dollars have never been used to operate the liquor store. Brown also noted that this month there were over 1000 more customers than the same month last year. 4 Mound City Council Minutes -November 8, 2005 12. Adjourn MOTION by Specht, Motion carried. seconded by Brown to adjourn at 9:19 p.m. All voted in favor. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel