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2001-05-08MOUND CITY COUNCIL MINUTES MAY 8, 2001 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 8, 200'1, 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. Others Present: City Attorney, John Dean; City Manager, Kandis Hanson; Acting City Clerk, Bonnie Ritter; City Engineer, John Cameron; City Planners Loren Gordon and Bruce Chamberlain; Hennepin County Design Engineer, Bruce Palaczyk; Dan Parks of MFRA; Parks Director, Jim Fackler; Police Chief, Len Harrell; Bonnie Menken, Carl Bennetsen, Karl & Julie Weisenhom, Ron Helmer, John Helmer, Tom Stokes, Erin Wombacher, Mike Debner, Paula Larson, Ken Berres, John & Kelly anderson, Phil Bowman, Melissa Gross, Aaron Gross, Robert & Elsie Beadle, Frank Weiland, Robert Goodfellow, Leah Weycker, Cathy Bailey, jeffjesberg, phil Klein, Tom Awne, Jeff Hanratty, Gary DeRusha. *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 7:33 p.m. and the Pledge of Allegiance was recited. 2. APPROVE AGENDA City Manager pulled item 9 from the agenda and item 3E from the consent agenda. MOTION by Meyer, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 3. CONSENT AGENDA MOTION by Meyer, seconded by Brown to approve the consent agenda as amended. All voted in favor. Motion carried. A. Approval of minutes of April 24, 2001 regular meeting Approval of minutes of May 2, 2001, special meeting B. Payment of Claims in the amount of $179,157.28 Mound City Council Minutes - May 8, 2001 C. Approve Permits for the 2001 Fire Department Fish Fry Temporary On-Sale Non-Intoxicating Malt Liquor Permit Public Dance Permit Set-ups Permit D. Approve 2001 LMCIT Insurance Renewal E. Removed F. Approve Updated Joint Cooperative Agreement and Contract for Fire Service with Cooperating Cities 3E. VOICESTREAM CELL TOWER ANTENNA AGREEMENT Loren Gordon explained that this lease was changed to strike item D regarding removal of structure. John Dean asked if VoiceStream is in agreement with this change and Gordon assured that they were. MOTION by Brown, seconded by Hanus to approve this agreement as amended. All voted in favor. Motion carried. 4. COMMENTS AND SUGGESTIONS FROM CITIZENS None were offered. 5. STORMWATER MANAGEMENT PLAN Dan Parks reviewed the Surface Water Management Plan and the requirements needed to get this plan approved by the Minnehaha Creek Watershed District. He informed the Council that the only issue that really needs to be finalized is that of the wetland buffers. Two goals of getting the approval now are so that the city can assume responsibility from the watershed district and to make the stormwater management plan part of the Comprehensive Plan. Parks informed the Council that the MCWD is planning to make these buffer restrictions more stringent, to 50' maximum, so this is an opportunity to have the plan approved with 35' maximum buffers rather than the 50' buffers. MOTION by Meyer, seconded by Anderson to include the items as outlined by Dan Parks (Wetlands Functions and Values Assessment, Wetland Buffers, and Excavation in Wetlands) and have this plan presented to the Minnehaha Creek Watershed District for their approval. Ayes: Meyer, Anderson, Meisel. Nayes: Brown, Hanus. 6. PRELIMINARY LAYOUT FOR CSAH 15 & 110 INTERSECTION AND CSAH 15 REALIGNMENT Bruce Polaczyk of Hennepin County and realignment of CSAH 15. reviewed the proposed layout of the intersection Councilmember Anderson commented on a letter received from a business in Commerce Place Mall, expressing concern about the median that will be running down the center of the road in front of their main exits. It was explained that this median is needed for traffic regulation purposes, as well as safety purposes. 2 Mound City Council Minutes - May 8, 2001 Anderson expressed concern about how far the improvement will extend west of Commerce Blvd. The Plan states approximately 682' and she asked what approximately means in this context, and how far the project will extend. Polaczyk informed her that it will end at the designated driveway for the proposed MetroPlains project. The issue of no parking along the improvement was also a concern and Polaczyk explained that State Aid Funds are the main funds for this project and to secure these funds the design has to be by State standards. The no parking was a condition of the State Aid Funding. MOTION by Brown, seconded by Hanus to adopt the following resolution. Ayes: Meyer, Brown, Meisel, Hanus. Nayes: Anderson. Motion carried. RESOLUTION NO. 01-42: RESOLUTION APPROVING PRELIMINARY LAYOUT NO. 11 FOR THE CONSTRUCTION OF CSAH 15 ON NEW ALIGNMENT BETWEEN EXISTING CSAH 15 APPROXIMATELY 191 FEET EAST OF CYPRESS LANE AND EXISTING CSAH 15, APPROXIMATELY 682 FEET WEST OF CSAH 110 (AKA COMMERCE BOULEVARD) AS WELL AS ADJOINING PORTIONS OF CSAH 110, IN THE CITY OF MOUND. 7. LANGDON BAY FINAL PLAT; CASE #01-12 - RH DEVELOPMENT Loren Gordon reviewed the final plat and development plan for Langdon Bay. There are 74 lots in the final plat, instead of 75 as shown in the preliminary. One lot was lost due to moving of a park area, which is a positive to the development. Discussion followed regarding placement of sidewalks, street names and proposed walkways. MOTION by own, seconded by Hanus to adopt the following resolution as presented, and changing: Pintail Lane to Sugar Mill road; Skylark Circle to Lady Slipper Circle; and Starling Circle to Alwin Circle. All voted in favor. Motion carried. RESOLUTION NO. 01-43: RESOLUTION GRANTING FINAL PLAT AND DEVELOPMENT PLAN APPROVAL FOR A PLANNED DEVELOPMENT AREA BY CONDITIONAL USE PERMIT, FOR LANGDON BAY RESIDENTIAL DEVLOPMENT. CASE #01-12. 8. LANGDON WOODS FINAL PLAT; CASE #01-13- BRENSHELL HOMES Loren Gordon reviewed the final plat, noting changes from the preliminary plat. MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. 3 Mound City Council Minutes - May 8, 2001 RESOLUTION NO. 01.44: RESOLUTION GRANTING FINAL PLAT AND DEVELOPMENT PLAN APPROVAL FOR A PLANNED DEVELOPMENT AREA BY CONDITIONAL USE PERMIT, FOR LANGDON WOODS RESIDENTIAL DEVELOPMENT LOCATED AT 5989 AND 5984 CHESTNUT ROAD, PID #14-117-24-43-0006, #14-117-24-43-0005, AND #14- 117-24-43-0046. CASE #01-13 9. REMOVED FROM AGENDA 10. STAFF RECOMMENDATION FOR APPLICATION OF WOODLAND POINT DECISION TO OTHER PRIVATELY DEDICATED COMMONS City Attorney John Dean reviewed a memo that he wrote to the Council regarding the application of the Woodland Point case decision to other privately dedicated commons, and his recommendations for handling this situation. After discussion on the contents of Dean's memo, the Council received questions and comments from the public. MOTION by Brown, seconded by Hanus to table this item until the City Attorney can provide specific suggestions as to recommended guidelines, so that all residents can use the same process. All voted in favor. Motion carried. 11. ADDITION OF CITY-OWNED DOCK AT BEACHSIDE PARK Fackler presented the plans for a city-owned dock at Beachside Park. The configuration suggested will bring that area into conformance with the LMCD. The plan calls for three docks at a cost of $1500 for additional materials needed, and increase the in/out fees by $300.00 with all expenses against the Dock Fund. MOTION by Brown, seconded by Hanus to approve adding city-owned docks at Beachside Park as proposed. All voted in favor. Motion carried. Mayor Meisel called for a recess at 10:05 p.m. Mayor Meisel reconvened the meeting at 10:18 p.m. 12. ISLAND PARK HALL PRESERVATION AND USES The Council reviewed the past Commission minutes that were provided them regarding past discussions on Island Park Hall. Chief Harrell suggested that consideration be given to the youth when discussing uses for the Hall. MOTION by Brown, seconded by Hanus to request that the City Manager provide information needed to set up a task force to research feasibility of restoration, and possible uses of Island Park Hall. Meyer suggested putting a notice in The Laker to attract members for the task force. All voted in favor. Motion carried. 4 Mound City Council Minutes - May 8, 2001 13. NUISANCE ABATEMENT ORDINANCE Chief Harrell was present to ask questions and take comments regarding the proposed amendment to the Nuisance Abatement Ordinance. It was determined that further consideration needs to be afforded to this ordinance before action is taken. MOTION by Brown, seconded by Anderson to table this item and set up a study session with the Planning Commission on this ordinance, as well as the related zoning ordinances amendments being proposed. The City Manager is to research and set the date for this session. All voted in favor. Motion carried. 14. CITY DAYS PARADE PARTICIPATION It was determined that not all of the Councilmembers wish to ride in the City Days Parade. Hanson suggested that if there are members who want to ride in the parade, they can participate with the Fire Department. 15. INFORMATION/MISCELLANEOUS A. LMC Friday Fax B. LMCD Communication C. Mound Police Department monthly report: April, 2001 D. Letter: Mediacom on services and rates E. Mound Westonka communications F. Letters: City of Shorewood on phosphorus fertilizers G. AMM Fax News H. FYI: Letter of thanks to VFW for donation I. AMM Annual Meeting notice J. Urban Hennepin County project status report K. Zero Gravity Skate Park task force meeting minutes L. Westonka Senior Center newsletter M. Hennepin County Assessor's Report: 2001 Open Book meeting 16. ADJOURNMENT MOTION by Brown, seconded by Anderson to adjourn the meeting at 11:05 p.m. Ayes: Brown, Hanus, Meisel and Anderson. Nayes: Meyer. Motion carried. ~~.¢¢..~ ;~~-'( I Mayor Attest: Acting City Clerk 5