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