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2006-12-12 MOUND CITY COUNCIL MINUTES DECEMBER 12, 2006 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Thursday, December 12, 2006, 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, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, City Engineer Dan Faulkner, Public Works Director Carlton Moore, Police Chief Jim Kurtz, Congressman Jim Ramstad, Parks Superintendent Jim Fackler, Finance Director Gino Businaro, Chuck Alcon, Karen Alcon, Dan Niccum, Deb Williams, Jane Skinner, Greg Skinner, patty Guttormson, Joan Bren, Kristin Beise, Steve Sheop, Tony Kesler, Marie Jorland, Dave & Sherry Hughes, Ed Kodet, Dave Hughes, Brian, Bob and Betty Mahen, Steve Coddon, Steve & Shiela Carlson, Mike Schulz, Bruce & Patti Dodds, Dave Laube, Ray Salazar, Cheryl Martin, Karla Pederson, Mark hanus, Kurt Silton, Dean Pederson, Paul Holden, Stan Wise, Shara Erickson, Pat & Tom Scherber, Eric Meisel, Fire Chief Greg Pederson. 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 7:30 p.m. 2. Pledge of Allegiance 3. Approve Agenda MOTION by Beise, seconded by Specht to approve the agenda. All voted in favor. Motion carried. 4. Special Recognition Award -Presidential Service Award to Mound Police Reserve Police Chief Jim Kurtz stated that Mound Reserve Offices have volunteered over 3500 hours in 2006, and introduced Congressman Jim Ramstad who presented Presidential Service Awards to Lt. Thomas Berent, Officers Brian Clark, Jeremiah Lee, Timothy Hughes, Tamie Steele, Lori Sande, Sgt. Jennifer Williams, Lt. Patrick Hart, Mound Police Officer Paul Hooper (former reserve), and Police Officer Eric Graham (now with Parker, CO Police Dept). Mound City Council Minutes -December 12, 2006 Congressman Ramstad also presented Reserve Lt. Patrick Hart and Sgt. Jennifer Williams with a Certificate of Special Congressional Recognition, given to recognize outstanding individuals, departments and reserve units. Congressman Ramstad also presented Certificates of Special Congressional Recognition to outgoing Mayor Pat Meisel and Councilmember Bob Brown. 5. Presentation of parting gifts to outgoing Mayor Meisel and Councilmember Bob Brown Councilmember David Osmek and Mayor-Elect Hanus presented Councilmember Brown with a flag that was flown over the Nation's Capitol on November 14, 2006. This was followed by City Manager Kandis Hanson presented gifts to outgoing Mayor Meisel and Councilmember Brown. 6. Recess for reception There was a short recess at 8:01 p.m. 7. Reconvene meeting Mayor Meisel reconvened the meeting at 8:16 p.m. MOTION by Brown, seconded by Osmek to reconsider the agenda. All voted in favor. Motion carried. MOTION by Osmek, seconded by Brown to approve the agenda as amended, with Item 19 becoming Item 13A, and Item 16 becoming Item 13B. All voted in favor. Motion carried. 8. Consent Agenda MOTION by Beise, seconded by Brown to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of November 28, 2006 regular meeting and December 4, 2006 special meeting B. Approve payment of claims in the amount of $502,979.35 C. Approve Pay Requests: 1. Pay Request No. 7 from Hardrives, Inc., in the amount of $29,535.58 for the 2006 Street Improvement Project 2. Pay Request No. 1 from Widner Construction in the amount of $12,871.36 for the Cedar Lane Backyard Drainage Project 3. Pay Request No. 1 from Widmer Construction in the amount of $34,415.46 for the Stirling/Tuxedo Intersection Drainage 2 ^ Mound City Council Minutes -December 12, 2006 D. RESOLUTION NO. 06-133: RESOLUTION APPROVING A MINOR SUBDIVISION AND VARIANCE FOR THE PROPERTY LOCATED AT 5408 LYNWOOD BOULEVARD. P&Z CASE NO.06-41 & 06-47. PID #13-117-24-33-0034 AND 13-117-24-33-0035. E. ORDINANCE NO. 24-2006: AN ORDINANCE AMENDING SECTION 380 OF MOUND CITY CODE AS IT RELATES TO ESTABLISHING LAND USE FEES FOR THE CITY OF MOUND 9. Comments and suggestions from citizens present on anv item not on the agenda. Cheryl Fischer, Mayor of Minnetrista, thanked Mayor Meisel and Councilmember Brown for their service and expressed appreciation on behalf of the City of Minnetrista. 10. Public hearing Planning Commission Case No 06-48/06-49/06-50 -Mound True Value/RayMar Properties, Inc. fenced garden center proposal. Applicants,: City of Mound/Mound HRA/Bruce & Patti Dodds (RayMar Properties, Inc.) Sarah Smith reviewed the application from Bruce and Patti Dodds (Ray Mar Properties, Inc.) for the use of the "corner parcel" in the Transit District as a fenced garden center that would allow for sale and display of seasonal items (i.e., flowers, spruce tips, autumn corn, wreaths, pumpkins, etc.) and other related garden goods and supplies. This project also includes a transfer of property from the City to the Dodds', and from the Dodds' to the city. Smith explained that the parking impacts were discussed at the Planning Commission. Parking would be moved easterly about 65'. Also, over 200 parking spaces will be added with the parking deck. She stated that the issue of parking on the "John's Variety Block" was addressed in the parking demand study and was found that that block basically functions on its own. The area actually has parking surplus of five stalls. Brown stated that the two-hour parking in that area will have to be enforced to keep employees from taking the prime spots. Also, that pedestrians can walk on the Dakota Trail when improved, as another access to John's from the east. Meisel stated that parking has been an issue and continues to be, and that's the reason for the new parking deck. Osmek feels the design is a complement to downtown, but the parking issue still concerns him because of the significant impact to John's Variety. There are a lot of reasons to vote for this and a lot of reasons why not to vote for it. He is concerned about parking for the businesses west of Commerce Blvd. Mayor Meisel opened the public hearing at 8:47 p.m. 3 Mound City Council Minutes -December 12, 2006 John Royer, of John's Variety & Pets, expressed concern over the taking of parking on the southeast corner of CSAH 15 and Commerce Blvd, which is currently used by his customers. He isn't against the garden center but doesn't think it should be taking the ideal parking area of his side of town. He suggested moving the garden center to the east to leave the parking on the corner. Upon no further public comment, the hearing was closed at 8:50 p.m. A. Action on Conditional Use Permit: MOTION by Beise, seconded by Specht to adopt the following resolution. The following voted in favor: Brown, Beise, Specht and Meisel. The following voted against: Osmek. Motion carried. RESOLUTION NO. 06-134: RESOLUTION APPROVING CONDITIONAL USE PERMIT APPLIATIONS FROM RAY MAR PROPERTIES, INC. TO ALLOW A SEASONAL GARDEN CENTER AND RELATED SITE IMPROVEMENTS ON THE PROPERTY IDENTIFIED AS THE CORNER PARCEL WHICH IS ADJACENT TO MOUND TRUE VALUE, 2250 COMMERCE BOULEVARD, IN THE TRANSIT DISTRICT IN DOWNTOWN MOUND B. Action on Subdivision Exemption MOTION by Beise, seconded by Brown to adopt the following resolution. all voted in favor. Motion carried. RESOLUTION N0.06-135: RESOLUTION TO APPROVE SUBDIVISION EXEMPTION APPLICATION(S) FOR THE CITY OF MOUND, MOUND HOUSING AND REDEVELOPMENT AUTHORITY (HRA) AND RAY MAR PROPERTIES, INC FOR PROPERTY IN THE TRANSIT DISTRICT IN DOWNTOWN MOUND C. Review and action on property conveyance for consistency with local comprehensive plan MOTION by Specht, seconded by Beise to adopt the following resolution. The following voted in favor: Brown, Specht, Beise and Meisel. The following voted against: Osmek. Motion carried. RESOLUTION NO. 06-136: RESOLUTION DETERMINING CONFORMITY WITH ADOPTED COMPREHENSIVE PLAN REGARDING CONVEYANCE AND TRANSFER OF PROPERTY IN TRANSIT DITRICT OF AND BETWEEN THE CITY OF MOUND, MOUND HOUSING AND REDEVELOPMENT AUTHORITY AND RAY MAR PROPERTIES, INC. 4 ^ Mound City Council Minutes -December 12, 2006 D. Action authorizing transfer of City-owned property to Mound HRA, followed by transfer to Ray Mar Properties, Inc. in accordance with HRA/Ray Mar Properties Inc. land agreement MOTION by Beise, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-137: RESOLUTION AUTHORIZNG THE TRANSFER OF CITY-OWNED PROPERTY TO THE MOUND HOUSING AND REDEVELOPMENT AUTHORITY FOR CONVEYANCE TO RAY MAR PROPERTIES, INC. IN ACCORDANCE WITH THE LAND AGREEMENT E. Action on public lands permit and variance for temporary area signage MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-138: RESOLUTION APPROVING A PUBLIC LANDS PERMIT AND TEMPORARY SIGN PLAN FOR TRANSIT DISTRICT MOTION by Osmek, seconded by Specht to recess to the HRA meeting at 9:07 p.m. All voted in favor. Motion carried. 11. Reconvene Mound Housing and Redevelopment Authority meeting 12. Adjourn Mound HRA Meeting 13. Reconvene City Council meeting The Council meeting was reconvened at 9:17 p.m. 13A. Consideration and possible action on settlement with Buffalo Bituminous on 2005 Street Reconstruction Project John Dean stated that the City Council held a special meeting at 7:10 p.m. at which time they went into executive session to receive reports from the Public Works Director and legal counsel concerning a proposed settlement. At this session the Council provided direction to legal counsel. 13B. Parks Division A. Action on ordinance amending Section 700 of the Mound City Code as it relates to traffic and motor vehicles Parks Superintendent Jim Fackler explained the proposed changes that would provide marked access for snowmobiles through commons and/or parks. The second proposed ordinance, amending Section 705, addresses speed within 100 feet of fishermen, pedestrians, skating rinks, or sliding areas, and also has a provision prohibiting any snowmobile from 5 Mound City Council Minutes -December 12, 2006 being driven in any area if the operation would conflict with or endanger other persons or property, and address hours of operation. Karla Pederson, 6252 Bartlett Blvd., as a member of the Westonka Snowblazer Snowmobile Club stated appreciation to the city for recognizing the need for access to the lake through the parks system. The club promotes safe snowmobiling, and by providing a designated lake access it keeps them from going where they are not wanted and provides a safe access. Numerous citizens present showed support of this ordinance by a show of hands. No one present objected to the proposed ordinances. Beise stated that the Parks and Docks Commission unanimously recommended approval of these ordinances. Osmek stated for the record that the Council received a letter from Thomas Casey requesting that this item be removed from the agenda. MOTION by Brown, seconded by Specht to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 25-2006: AN ORDINANCE AMENDING SECTION 700 OF THE MOUND CITY CODE AS IT RELATES TO TRAFFIC AND MOTOR VEHICLES -TRAFFIC REGULATIONS MOTION by Beise, seconded by Osmek to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 26-2006: AN ORDINANCE AMENDING SECTION 705 OF THE MOUND CITY CODE AS IT RELATES TO SNOWMOBILE REGULATIONS B. Action lifting moratorium on Dock Share for 2007, with conditions as stated Jim Fackler presented the boat and share counts for the last six years, stating that the share moratorium has worked to achieve an acceptable buffer to allow for flexibility for current program users. It is recommended that the share moratorium be lifted but that the total number of share not exceed 50. MOTION by Brown, seconded by Osmek to lift the moratorium on shared docks, but that the total number of share cannot exceed 50. All voted in favor. Motion carried. 6 Mound City Council Minutes -December 12, 2006 14. Proposed Public Works Facility Project A. Action receiving Space Needs Study for Public Works Dividions Public Works Director Carlton Moore provided the background of plans for a proposed Public Works Facility. He introduced Ed Kodet who presented the space needs study for a proposed Public Works Facility. Osmek stated that as a general concept, he wants to move forward, but not necessarily with the exact plan that was presented. Brown stated that he wants to make sure that the city is open to looking at other location options including existing locations that may be converted to a Public Works Facility, i.e., the Balboa Building. MOTION by Osmek, seconded by Brown to receive the space needs study. All voted in favor. Motion carried. B. Action authorizing market analysis for city-owned properties for potential sale value MOTION by Beise, seconded by Brown to authorize market analysis for city- owned properties for potential sale value. All voted in favor. Motion carried. 15. 2007 Budget A. Action on resolution approving the 2007 Final General Fund Budget and setting levy and approving final overall budget for 2007. Finance Director Gino Businaro gave a short summary of the proposed 2007 budget and levy figures. MOTION by Specht, seconded by Beise to adopt the following resolution. The following voted in favor: Specht, Beise and Meisel. The following voted against: Brown and Osmek. Motion carried. RESOLUTION NO. 06-139: RESOLUTION APPROVING THE 2007 FINAL GENERAL FUND BUDGET IN THE AMOUNT OF $4,853,438; SETTING THE LEVY AT $4,684,770; AND APPROVING THE FINAL OVERALL BUDGET FOR 2007 B. Action on resolution approving the HRA levy not to exceed $173,281 MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. 7 Mound City Council Minutes -December 12, 2006 RESOLUTION NO. 06-140: RESOLUTION APPROVING A LEVY NOT TO EXCEED $173,281 FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MOUND FOR THE YEAR 2007. C. Action on resolution establishing fee schedule MOTION by Osmek, seconded by Brown to table this item for consideration later in the meeting. All voted in favor. Motion carried. D. Action on Park, Docks and Open Space Commission recommendation for $60.000 in expenditures from Park Dedication Fund Brown indicated he has a problem with designating $15,000 of the $60,000 to park planning, as requested. He doesn't see why we need a consultant when we have the Parks Commission to make recommendations to the Council on what is needed in our parks. Beise stated that the Parks and Docks Commission is made up of volunteers and they are not professional parks planners. Our parks have deteriorated to a point where the need is to determine where to spend dollars and which direction to go with these parks, and do over all planning. Fackler stated that basically it's an educational process, a lot more than to say we need a play structure or a set of swings. Problems include, i.e., in Swenson Park there are storm drains under the park, and some neighborhoods may be more inclined to older activities that don't require play structures. Consultants do all the education and then the Commission can make better decisions. It is planned to have the consultant come to the Parks and Docks Commission meet in January to lay out the process and determine what they can get for $15,000. Meisel suggested seeing what the consultant has to say in January, and then move forward or don't move forward depending on the recommendation of the consultant and the commission. MOTION by Brown, seconded by Osmek to deny the $60,000 request from the Parks Dedication Fund, with $15,000 dedicated to park planning and $45,000 dedicated to a play structure. The following voted in favor: Osmek and Brown. The following voted against: Specht, Beise and Meisel. Motion failed. 8 ^ Mound City Council Minutes -December 12, 2006 MOTION by Beise, seconded by Specht to approve $60,000 in expenditures from the Park Dedication Fund, with $15,000 allocated to park planning and $45,000 dedicated to a play structure, with location to be determined. The following Voted in favor: Specht, Beise and Meisel. The following voted against: Osmek and Brown. Motion carried. D. Action approving 2007 Docks Budget to include $25,000 Docks Capital Reserve Fund MOTION by Osmek, seconded by Brown to approve the 2007 Docks Budget to include $25,000 for Docks Capital Reserve Fund. All voted in favor. Motion carried. 17. Fire Department A. Acton on Fire Service Contract, as approved by all member cities Fire Chief Greg Pederson informed the Council that all four cities have signed the three-year contracts for fire service. MOTION by Osmek, seconded by Brown to approve the fire contracts for 2007-2009 with Minnetrista, Minnetonka Beach, Spring Park and Shorewood. All voted in favor. Motion carried. B. Discussion/direction on temporary fire works sales in non-permanent structures Meisel stated that business owners have approached the Council as to why permits to sell consumer fireworks are issued to temporary companies who just come into town for a month, and then are gone. Osmek suggested a duel fee structure, with a higher fee for a business that has not been in town for at least six months. Council directed staff to research what other cities are doing as far as temporary structures selling consumer fireworks, and to research the legalities of limiting sales to a permanent structure, for consideration at a future meeting. MOTION by Osmek, seconded by Brown to take Item 15C off the table. All voted in favor. Motion carried. 15C. Action on resolution establishing fee schedule MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-141: RESOLUTION ADOPTING FEE SCHEDULE 9 18. Action receiving feasibility report for Harrison Bay Watermain Crossing and order plans and specifications MOTION by Brown, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-142: RESOLUTION ACCEPTING FEASIBILTY REPORT AND ORDERING PLANS AND SPECIFICATIONS FOR HARRISON BAY WATERMAIN CROSSING PROJECT 19. See 13A 20. Action on resolution approving Transit Hub Agreement with Met Council MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-143: RESOLUTION APPROVING TRANSIT HUB AGREEMENT WITH METROPOLITAN C OUNCIL FOR $200,000 FUNDING FOR TRANSIT DISTRICT PARKING DECK PROJECT AND PARK AND RIDE USE 21. Miscellaneous/Correspondence A. Comments/reports from Council Members B. Reports: 2006 Fall Clean-Up (Recycling Day) Harbor Wine & Spirits -November 2006 Finance Department -November 2006 Health Department Notice and Resolve C. Correspondence: Lake Minnetonka Assoc & LMCD Metropolitan Mosquito Control District Lake Minnetonka Conservation District The Gillespie Gazette 22. Adjourn MOTION by Brown, seconded by Osmek to adjourn at 10:55 p.m. All voted in favor. Motion carried. ;~ ~~~ y ~~~~ Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 10