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2001-01-23MOUND CITY COUNCIL MINUTES JANUARY 23, 2001 The City Council of the City of Mound,. Hennepin County, Minnesota, met in regular session on Tuesday, January 23, 2001, at 7;30 p.m. in the Council Chambers at 5341 Maywood Road, in said City. Councilmembers Present: Mayor Meisel; Councilmembers Brown, Hanus, Anderson and Meyer. Others Present: Vem Hanson, Paula Larson, Brett Stump, Dean Fleming, Sheila Murphy, John Wagmann, Tom Casey, Pam Myers, Michael Durrell, Dottie O'Brien, Jeff Corn, Ken Ben'is, Paula Larson, Linda Skorseth, Vine Forystek. 1. CALL TO ORDER AND PLEDGE OF ALLEGIANCE Mayor Meisel opened the meeting with the Pledge of Allegiance. 2. APPROVE AGENDA AND CONSENT AGENDA MOTION by Brown, seconded by Hanus to approve the agenda and consent agenda as follows: All voted in favor. Motion carried. Approve payment of claims in the amount of $331,948.96. Approve setting a public hearing for Case #01-01: Post Office Development rezoning B-1 to Destination PUD - City of Mound: Feb. 13, 2001. Approve setting a public hearing for Case ~01-04: Conditional Use Permit for Post Office Development - City of Mound: Feb. 13, 2001. Consent Agenda: Add Item 5D - Utility Relocation Agreement Add Item 12G - MetroPlains TIF to agenda 3. COMMENTS AND SUGGESTIONS FROM THE PUBLIC - None noted 4. METROPLAINS DEVELOPMENT At 8:05 p.m., Mayor Meisel opened the public hearing for the applications as submitted by MetroPlains Development for the following, all being located at the NW corner of Lynwood Blvd and Commerce Blvd: Case #00-64: Case #00-65: Case #00-71: Preliminary Plat Conditional Use Permit and Variances Street/Easement Vacation (hearing continuation) Mound City Council Minutes - January 23, 2001 Vern Hanson of MetroPlains Development gave a general overview and update. He verified their information on drainage issues that was brought up at the last meeting is correct. His studies have taken into account normal and excessive drainage needs. They have approval to move the force main. They also have a letter of intent from the Jubilee Foods. They met with Qwest to move the cellular tower to a new site. The project groundwork phase will begin April 1, 2001 and construction will begin June or July. They have secured financing to close and have completed the market study. Maxwell Research, Inc., concluded from the study a strong need for housing with maintenance free living. $150,000-$190,000 will be the base price for housing. 67% of study area age 25-34 could afford sale price $150,000 range 55% of study area age 25-34 could afford sale price $190,000 range 82% of study area age 45-64 could afford sale price $1 50,000 range 75% of study area age 4,5-64 could afford sale price $190,000 range Market is present and price range is where market exists. 5. PUBLIC COMMENT Mayor Meisel opened the floor t° public comment at 8:15 p.m. Paula Larson, 5713 Lynwood Blvd: Opposed to MetroPlains project. Says there is a conflict of interest with Mayor Meisel. City Attorney John Dean stated that it is his opinion that the Mayor has no conflict of interest regarding the MetroPlains Project. Paula informed the City Council that she is pursuing the case through District Court. Brett Stump, 5716 Lynwood Blvd: Will be displaced by this project. Opposed to the project. Feels peoples' opinions have been ignored by the City Council. Dean Fleming, 2825 Halstead Lane: Is in favor of the project and for progress. Sheila Murphy, 2044 Bartlett Blvd: Feels there is no benefit in her opinion. TIF is going to make things worse. Feels the town green space is worth preserving. John Wagmann, 5469 Bartlett Blvd: Feels that arguing this issue is mute. Felt the defeated vote on Haddorff Field decided the question. Tom Casey: Opposes the project. Feels the vote on this issue was unfair because the question on the ballot was not clear. Feels thee is a need for recreation space in the downtown area. Pam Myers, Superintendent of Mound Westonka Schools: Expressed the developer's willingness to work with the City. The developer has received positive feedback on the plan. The development is a good idea. The school district is prepared to move forward with the Council. Mound City Council Minutes - January 23, 2001 Michael Dun'ell, 2208 Fern Lane: Expressed his opinion that the Mayor has a conflict of interest and that the Mayor's hUsband chairs the Economic Development Commission. He accused the Mayor and her husband of taking advantage of political office. Durrell submitted printed information to the City Manager. Dottle O'Brien, 5053 Bartlett Blvd: Told of a meeting at the Senior Center in which all were in favor and impressed with the plan and felt it a good thing for Mound. Jeff Corn, 5764 Lynwood Blvd: Acted as proxy for a neighbor at 5716 Lynwood Blvd, who has entered into an option for property. He asked some questions, included if someone other that the property owner can request a change for use of property. The letter questioned the openness of government. Overall, the writer was not against development but against putting 99 townhomes on a football field with single-family homes surrounding it. Ken Berris, 5724 Lynwood Blvd: Opposes some issues on this development. His concern is that if the Council proceeds with this project that it will damage his property. Project will also violate utility and noise abatement policies. No real effort has been made to acquire his property. He feels Council is not talking to him and Councilmember Brown stated that he has tried. Paula Larson, 5713 Lynwood Blvd: Larson re-approached Council and brought up how the voter wanted to renovate the community center but due to the cost the Council tabled the project. Now the taxpayers are responsible for $300,000 in cost. Paula feels the Council is not following the interests of the people. Linda Skorseth, 5036 Alder Road: Stated that the Council should have approached people regarding.the Center. She felt the community would have come to the rescue to absorb the cost. Ken Berris, 5724 Lynwood Blvd: Asked the question again regarding if someone other than the property owner can request a change of status for that property. City Attorney Dean responded that they can. There was a provision made earlier that nothing could take place with the City without the owner's approval. Terri Corn, 5764 Lynwood Blvd: Stated persons who own adjoining property to the project are not in favor of the project. It is creating a parking problem and 99 homes are just too many. Vine Forystek, 3131 Inverness Lane: Stated the project looks cramped for snow removal purposes. He would like to see Mound get higher quality housing. Parking issues will be tight. He feels a lot of people don't understand TIF and Mound City Council Minutes - January 23, 2001 more explanations need to be given to the taxpayers. He feels the City could make the project work with less units. Mayor Meisel dosed the public hearing at 9:11 p.m. MOTION by Hanus, seconded by Brown, to adopt the following resolution. Those in favor: Hanus, Brown and Meisel. Those opposed: Anderson and Meyer. Motion carried. RESOLUTION NO. 01-13: RESOLUTION OF THE CITY OF MOUND GRANTING DEVELOPMENT PLAN APPROVAL OF "THE VILLAGE BY COOK'S BAY" AND "MOUND MARKETPLACE" BY CONDITIONAL USE PERMIT AND VARIANCE APPROVAL. P & Z CASE #00-65. MOTION by Hanus, seconded by Brown, to adopt the following resolution. Those in favor: Hanus, Brown and Meisel. Those opposed: Anderson and Meyer. Motion carried. RESOLUTION NO. 01-14: RESOLUTION APPROVING A STREET VACATION OF A PORTION OF AN UNNAMED PUBLIC ALLEY ADJACENT TO LOTS 18, 19 AND 20 LYNWOLD PARK, LAKE MINNETONKA. P & Z CASE #00-71. MOTION by Brown, seconded by Hanus to adopt the following resolution. Those in favor: Hanus, Brown and Meisel. Those opposed: Anderson and Meyer. Motion carried. RESOLUTION NO. 01-12: A RESOLUTION OF THE CITY COUNCIL OF THE CiTY OF MOUND GRANTING PRELIMINARY PLAT APPROVAL OF THE MOUND VISIONS ADDITION PRELIMINARY PLAT LOCATED AT 5600 LYNWOOD BLVD. P & Z CASE #00-64. MOTION by Hanus, seconded by Brown, to accept the Utility Relocation agreement between the Cities of Mound and Minnetrista and MetroPlains Development relocating underground utilities within the development area, with the financial burden on developer. Those in favor: Hanus, Brown, Anderson and Meisel. Those opposed: Meyer. Motion carried. Mound City Council Minutes - January 23, 2001 6. WESTEDGE BOULEVARD MOTION by Brown, seconded by Hanus to approve land for south road extension of Westedge Boulevard. All were in favor. Motion carried. MOTION by Brown, seconded by Hanus to accept the revised joint agreement with the City of Minnetrista, allowing for the redevelopment of Westedge Boulevard. All were in favor. Motion carried. 7. APPOINTMENT AND RE-APPOINTMENTS TO ADVISORY COMMISlONS MOTION by Brown, seconded by Hanus to adopt the following resolution. Those in favor: Hanus, Brown and Meisel. Those opposed: Anderson and Meyer. Motion carried. RESOLUTION NO. 01-15: RESOLUTION AMENDING RESOLUITON #89-139- A, RESOLUTION APPROVING A POLICY ON APPOINTMENTS AND REAPOINTMENTS TO ADVISORY COMMISlONS 8. AMENDMENT TO CITY CODE Consensus of the Council was that the City Code Section 155 - The Council, was satisfactory as written. Staff was directed to prepare a side-by-side analysis of the Code provisions for the advisory commissions for a work session by the full Council. 9. 2001 COMMITTEE APPOINTMENTS MOTION by Hanus, seconded by Brown to aPpoint John Wilsey to complete the term of Lonnie Weber. Those in favor: Brown, Hanus, and Meisel. Those opposed: Anderson and Meyer. Motion carried. MOTION by Hanus, seconded by Brown to reappoint Mark Goldberg to the Docks and Commons Advisory Commission. All voted in favor. Motion carried. Councilmember Brown excused himself from the meeting at 11:20 p.m. 10. ADDITIONAL APPOINTMENTS MOTION by Meisel, seconded by Meyer to appoint Jim Fackler as Assistant Weed Inspector. All voted in favor. Motion carried. MOTION by Hanus, seconded by Meyer for Mayor Pat Meisel to take his place on the Hennepin County Welfare to Work Executive Policy Committee. All voted in favor. Motion carried. Mound City Council Minute~ - January 23, 2001 11. INFORMATIONIMISCELLANEOUS A. LMC Friday Fax B. Westonka Schools communication C. FYI: Thanks to the Public Works Department D. LMCD communication E. Westonka Healthy Community Collaborative communiation F. Certification of Achievement for Excellence in Financial Reporting: Finance Director, Gino Businaro, was commended for receiving the Certificate of Achievement for Excellence in financial reporting. G. Comments by Councilmember Meyer: Meyer reiterated his reasons for not supporting the MetroPlains Project. 12. ADJOURNMENT MOTION by Hanus, seconded by Meyer to adjourn the meeting at 11:30 p.m. voted in favor. Motion carried. All Attest: Acting City Clerk Mayor Pat Meisel