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2001-04-24MOUND CITY COUNCIL MINUTES APRIL 24, 2001 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 24, 2001, at 7:30 p.m. in the council chambers at 5341 Maywood Road, in said City. Councilmembers Present: Mayor Meisel, Councilmembers Bob Brown, Mark Hanus, Klm Anderson and Peter Meyer. Also Present: City Attorney, John Dean; City Manager, Kandis Hanson; Acting City Clerk, Bonnie Ritter; City Engineer, John Cameron, City Building Official, Jon Sutherland; Lorrie Ham, Bill and Dorothy Netka, Gary Strand, Bart Roeglin, Corey Huson, Rick Roberts, Barb Roberts, Steve & Sharon Cod, Phill Mitchum, R. Goodfelow, Todd Landon, Mark Smith, Rene & Wes LaFortune, Andrea Ahrens, Joel Reinitz, Ron Motyka, Julie Weisenborn, Merlin & Connie VVoytcke. *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 AND PLEDGE OF ALLEGIANCE Mayor Meisel called the meeting to order at 7:30 p.m. and the Pledge of Allegiance was recited. 2. APPROVE AGENDA Councilmember Anderson added 10a, a Planning Commission item, and Councilmember Meyer added 10b, a Parks Commission item. MOTION by Brown, seconded by Hanus to approve the agenda as amended. All voted in favor. Motion carried. 3. CONSENT AGENDA Councilmember Anderson requested that item G be pulled from the consent agenda, and Mayor Meisel pulled item I(1), as requested by a person in the audience. Item 1(2) was pulled from the consent agenda because of a revision received as a handout. MOTION by Brown, seconded by Hanus to approve the consent agenda as amended. All voted in favor. Motion carried. A. Approve minutes: April 10, 2001 regular meeting B. Approve payment of claims in the amount of $284,474.03. Mound City Council Minutes - April 24, 2001 C. Approve Licenses and Permits contingent upon all required forms, fees, insurance, etc., being submitted: Restaurant Al & Alma's Supper Club American Legion Post 398 Domino's Pizza Happy Garden Hardee's House of Moy Scotty B's Subway Sandwiches VFW Post 5113 Uncharted Grounds Games of Skill American Legion Post 398 VFW Post 5113 Pool Tables VFW Post 51 1 3 Amusement Devices American Legion Post 398 VFW Post 5113 Tree Removal D.J.'s Stump Removal Ray's Services Above Ground & Beyond D. RESOLUTION NO. 01-33: RESOLUTION ACCEPTING BID FOR 2001 SEALCOATING PROJECT E. Approve Municipal Recycling Grant Agreement with Hennepin County F. Set Special Meeting Retreat with Lynn and Associates for May 2, 2001. H. RESOLUTION NO, 01-34: RESOLUTION REAFFIRMING AUTHORIZING CITY SPONSORSHIP OF STATE GRANT-IN- AID SNOWMOBILE TRAIL FUNDS J. Approve Agreement for Disposal between Southern Minnesota Compost and City of Mound. APPROVE RECOMMENDATIONS FOR APPOINTMENT TO PARK AND OPEN SPACE COMMISSION: Gene Hostetler and Ron Motyka MOTION by Councilmember Anderson, seconded by Meyer to appoint Tom Casey and Gene Hostetler to the Parks and Open Space Advisory Commission. Discussion followed regarding qualifications of candidates. Ayes: Anderson and Meyer. Nayes: Brown, Hanus and Meisel. Motion defeated. Councilmember Meyer wanted noted for the record that Tom Casey did not vote on the Park Commission ballot when he was told he had a right to vote. Meyer also wanted noted that we have a very young Park Commission and feels that historical knowledge of parks and issues is needed and feels that Casey would have been the better candidate. Hanus stated for the record, in the Park Commission minutes of April 12, it states that the March 8th minutes were amended to have a discussion of Klm Anderson's inserted verbatim. Hanus wants it clear that anything said by Anderson referring to a conversation with Bob Brown, was on their own behalf, and Mound City Council Minutes - April 24, 2001 not the behalf of the City Council. Brown wanted noted for the record that the Park Commission minutes are not correct. MOTION by Councilmember Brown, seconded by Hanus to follow the recommendation of the Commission and appoint Gene Hostetler and Ron Motyka to the Parks and Open Space Advisory Commission. Ayes: Brown, Hanus and Meisel. Nayes: Anderson and Meyer. Motion carried. PLANNING COMMISSION A. Brenshell Homes - 4646 Island View Drive, Case #01-05: Minor Subdivision Rene LaFortune, 4649 Island View Drive, came before the Council expressing deep concern over the potential water drainage problems in the area, and if the current catch basins can handle the additional water flow from the subdivison. She stated the property in questions is quite steep and has a lot of erosion now, and requested that retaining walls be erected on a permanent basis, and during the construction phase. Mark Smith, 4645 Island View Drive, expressed concern not only with the proposed subdivison, but with the current water problem. He feels the water is a definite problem that needs to be addressed. Jon Sutherland and John Cameron addressed the public's concerns. Tom Stokes, the developer, explained the catch basin, retaining walls and driveway placement that will handle the water runoff from the subdivision. John Cameron also explained that there is an additional catch basin proposed by the City. MOTION by Brown, seconded by Hanus to adopt the following resolution, as amended. All ayes. RESOLUTION NO. 01-41: RESOLUTION TO APPROVE A MINOR SUBDIVISION FOR THE PROPERTY LOCATED AT 4646 ISLAND VIEW DRIVE, LOTS 1, 2, 3, BLOCK 2, AND PORTIONS OF LOTS 12, 13, 14, AND 15, BLOCK 3, DEVON PI D #30-117-23-22-0010 AND #30-117-23-22- 0011. P & Z CASE #01-05. B. Steve Corl, 4225 Wilshire Boulevard, Case #01-09: Variance. A revised resolution was presented to the Council. Hanus asked if the applicant was aware and in agreement with the changes. Sutherland assured that he was. MOTION by Hanus, seconded by Meyer to adopt the following resolution. All voted in favor. Motion carried. Mound City Council Minutes - April 24, 2001 RESOLUTION NO. 01-40: RESOLUTION TO APPROVE VARIANCES FOR THE PROPERTY LOCATED AT 4ZZ5 WILSHIRE BLVD, PORTIONS OF LOT A~ THE FIRST REARRANGEMENT OF PHELPS ISLAND PARK FIRST DIVISION PID #19- tt7-23-t2-0003. P & Z CASE #01-03 AND #01-09. 4. COMMENTS FROM CITIZENS None were offered. 5. PUBLIC HEARINGS Am Westedge Boulevard/Retaininq Wall Proiect City Engineer John Cameron reviewed the proposed Westedge Boulevard Improvement Project. Mayor Meisel opened the public hearing at 8:53 p.m. Bart Roeglin, 2260 Westedge Blvd., stated his major concern is the proposed assessment to the five Mound properties. He's perfectly happy with the road as it is and feels that Rottlund and the City should pay for the improvement because Rottlund needs it and the City wants it for a collector. He stated he is receiving no benefit from the improvement, only more traffic and more danger to his kids. He's not happy with being assessed and never will be. City Attorney John Dean explained that this hearing is not regarding the proposed assessment, and that property owners will have an opportunity to be heard regarding the assessment at a later hearing. Mr. Roeglin also expressed concern over the increase in dust during construction. Ron Motyka, 1545 Bluebird Lane, asked where the overflow from the second Rottlund pond would be going and the engineer told him it will run along the railroad tracks, parallel to the sanitary sewer, where the City has an easement. Mary Ann Sells, 2218 Westedge Blvd., stated that this improvement is not something that she wants and she bought her house because of the country feel in that area. She doesn't believe she will realize any benefit and shouldn't pay assessments for the improvement. Rick Roberts, 2277 Westedge Blvd., agreed with the other residents, adding that he doesn't feel the citizens should pay for the improvement on the Minnetrista side of the street. The Mayor told him that there is a proposal for cost allocation to cover that portion, as well as the road maintenance. Phill Mitchum, 2232 Westedge Blvd., asked how much the improvement would raise his driveway. He was told that his drive would remain on the same grade. Mound City Council Minutes - April 24, 2001 Joel Reinitz, 2610 Halstead Lane, asked about the watermain extension and who will be paying for it. John Cameron explained that Rottlund Homes will be paying for their portion. Gary Strand, 2355 Westedge Blvd., asked if there would be added police patrol after the improvement. Mayor Meisel will take note of that, along with dust control. Corey Huson, 2246 Westedge Blvd., stated he moved to that area because of the gravel road and having a quiet place to live. He doesn't feel he will realize any benefit from the improvement. City Engineer Cameron reviewed the plans for the retaining wall portion of the project. Mayor Meisel asked for additional comment. None were offered. The hearing was closed at 9:35 p.m. MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 01-35: RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR PROPOSED IMPROVEMENT OF WESTEDGE BOULEVARD AND CERTAIN RETAINING WALLS THROUGHOUT THE CITY, MOTION by Hanus, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 01-36: RESOLUTION APPROVING PLANS AND SPECIFICATIONS FOR PROPOSED IMPROVEMENT OF WESTEDGE BOULEVARD AND CERTAIN RETAINING WALLS THROUGHOUT THE CITY. It was recommended by the City Engineer that advertisement for bids for the retaining wall portion of the project be ordered at a later date. MOTION by Hanus, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 01-37: RESOLUTION ORDERING ADVERTISEMENT FOR BIDS FOR THE IMPROVEMENT OF WESTEDGE BOULEVARD Modification of Tax Increment Financin.q District Mayor Meisel opened the public hearing at 9:38 p.m. Jim Prosser of Ehlers & Associates, reviewed the proposed modification. There were no comments offered from people in attendance. Mayor Meisel closed the hearing at 9:43 p.m. Mound City Council Minutes - April 24, 2001 MOTION by Brown, seconded by Hanus to adopt the following resolution. Meyer stated that from what he understands, when bond obligations are met for District 1-1, the Council can either return tax revenue to the tax base for the City, County and School District, or take these taxes and pool them with the dollars in the TIF District '1-2, and the rest of downtown, to be used for projects or expenses on that TIF District, and keep them off of the tax roles. He personally feels that there is an obligation to increase the tax base, the TIF District has run its course and if there is an opportunity to get the tax revenues back into the general fund, they need to do that. Mayor Meisel stated, as pointed out earlier, action would be basically not tying the Council's hands at this point, but would leave the options open. The decision isn't being made now, as to what to do with these funds. Hanus also stated that this action is just leaving the options open at this time. Ayes: Brown, Hanus, Meisel. Nayes: Anderson, Meyer. Motion carried. RESOLUTION NO. 01-38: RESOLUTION ADOPTING THE MODIFICATION TO THE DEVELOPMENT PROGRAM FOR DEVELOPMENT DISTRICT NO. 1 AND ADOPTING THE MODIFICATION TO THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT 1-1 THEREIN. C. Public HearinR to Increase Certain Liquor License Fees Mayor Meisel opened the public hearing at 9:50 p.m. The proposed fee increases affect the 3.2 beer off and on-sale, temporary on-sale licenses, and the club liquor licenses. Upon no comments being offered from the public, Mayor Meisel closed the public hearing at 9:53 p.m. MOTION by Brown, seconded by Meyer to approve raising certain liquor license fees as allowed by State Statute, said fees to become part of the fee schedule to be considered later in this meeting. All voted in favor. Motion carried. Mayor Meisel called for a recess at 9:53 p.m. Mayor Meisel reconvened the meeting at 10:10 p.m. 6. 2001 BONDING PROJECTS Jim Prosser of Ehlers & Associates reviewed the capital bonding issues that the council will consider at their May 22nd meeting. There is no Council action needed on this issue at this time. After discussion regarding the Island Park Hall and Parks Department storage facility, Mayor Meisel gave directive to the City Manager to compile information regarding restoration and rebuilding for a future meeting. Mound City Council Minutes - April 24, 2001 7. AGENCY AGREEMENT BETVVEEN CITY AND HRA MOTION by Brown, seconded by Hanus to approve the presented agreement between the HRA and the City for Purchase of Services. All ayes. 8. 2001 FEE SCHEDULE MOTION by Brown, seconded by Hanus to adopt the following resolution as amended. All voted in favor. Motion carried. RESOLUTION NO. 01-39: RESOLUTION ADOPTING FEE SCHEDULE 9. PLANNING COMMISSION MEETING DATES MOTION by Meyer, seconded by Anderson to follow the Planning Commission recommendation of holding their meetings on alternate Mondays. Mayor Meisel asked if he would consider amending his motion to add that this schedule is on a trial basis until the end of the year. Meyer declined to amend. Ayes: Anderson, Meyer. Nayes: Brown, Hanus, Meisel. Motion defeated. MOTION by Meisel, seconded by Hanus to accept the Planning Commission meeting schedule of alternating Mondays until year end, with re-evaluation at the December 11, 2001, council meeting. Reports by staff will be given at that time as to the impacts of this schedule change. All voted in favor. Motion carried. 10. APPOINTMENTS TO OPEN SPACE AND ADVISORY COMMISSION MOTION by Brown, seconded by Hanus to table action on this item until a joint work session can be scheduled with Council and Commissions. All voted in favor. Motion carried. May 29, 2001, at 6:30 p.m. was suggested as a date for this session. 10a. Plannin.q Commission Item Councilmember Anderson asked that this item be added to the agenda because a member of the Planning Commission received a subpoena in regard to the Polston et al, case. City Attorney Dean informed her that legal counsel will be contacting those that received these subpoenas for information. 10b. Parks Commission Item Councilmember Meyer voiced concern over the report given by Jim Fackler at the Parks Commission meeting, stating that there will be no lifeguards at Centerview Park this year due to budget problems. 11. INFORMATION/MISCELLANEOUS A. LMC Friday Fax B. LMCD communications C. AMM bill Tracking Index D. Mound Police Department monthly report: March, 2001. E. Westonka Healthy Community Collaborative communication F. LMCC communication G. Financial reports: March, 2001. Mound City Council Minutes - April 24, 2001 H. Final report on Woodland Point litigation I. Letter praising passage of cat ordinance '12. ADJOURNMENT MOTION by Brown, seconded by Hanus to adjourn the meeting at 11:40 p.m. in favor. Motion carried. All voted Attest: Acting City Clerk Mayor P~t M~isel I