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2001-05-22MOUND CITY COUNCIL MINUTES MAY 22, 2001 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 22, 2001, at 7:30 p.m. in the council chambers at 5341 Maywood Road, in said City. Councitmembers Present: Mayor Meisel, Councilmembers Bob Brown, Mark Hanus, Kim Anderson and Peter Mayer. 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; Parks Director, Jim Fackler; Bob Lindahl; Mike Conlan of Gramercy; Steve McDonald; Bill and Dorothy Netka, Ken Berres, Bob Polston, Lorrie Ham, Jo Longpre, Bruce and Patti Dodds, Rhonda Eurich, Christine Valerius, Mike Mueller, Phil Lansing, Paula Larson, Sally Custer, Sharon & Phil Baumel, Jackie and Wayne Davis, Lisa martin, John Babler, Dale and Becky Simon, Karl Weisenbom, Byron and ~a Petersen, Keith Brown, Rick and Susan Bloomquist, Jeff Hanratty, Robert and Elsie Beadle, Peter Johnson, Michael Gardner, Susan Gardner, Carol Lindgren. 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 t. OPEN MEETING AND PLEDGE OF ALLEGIANCE Mayor Meisei called the meeting to order at 7:38 p.m. and the Pledge of Allegiance was recited. 2. APPRqiVE AGENDA City Manager Kandis Hanson requested that item 5 be removed from the agenda at the request of the applicant, and that item Sa, MetroPlains Cell Tower, be added. MOTION by Hanus, seconded by Brown to approve the agenda as amended. All voted in favor. Mo*~ carried. 3. CONSENT AGENDA MOTION by Brown, seconded by Anderson to approve the consent agenda. All voted in favor. Motion carried. .~ Approval of minutes: May 8, 2001. B. Approve payment of claims in the amount of $159,914.48 C. Approve Licenses and Permits - contingent upon all required forms, irmurance and fees, etc. being submitted. (1) American Legion Memorial Day Parade Mound City Council Minutes - May 22, 2001 (2) Fire (3) City (4) Department City Employee Recognition Event Temporary On-Sale 3.2 Beer Temporary one-day Set-ups Days Permits Carnival, Craft Show & Concessions, Fireworks, Public Gathering, Parade, Dance, 0n-Sale 3.2 Beer (for dance at Pond Arena & music at Mound Bay Park), Set-ups, Live Musical Concert. Liquor License Renewals Club 0n-Sale: VFW Post 5113 and American Legion Sunday Sales: VFW Post 5113 and American Legion 0n-Sale Wine: Al & Alma's Supper Club and House of Moy 3.2 Beer 0n-Sale: Al & Alma's and House of Moy 0ff-Sale 3.2 Beer: By the Way Snack Shop, Mainstreet Market, PDQ Food Store, and SuperAmerica D. Planning Commission Recommendations: RESOLUTION NO. 01-45: RESOLUTION TO APPROVE A SIDEYARD SETBACK FOR THE PROPERTY LOCATED AT 4711 CUMBERLAND ROAD, P & Z CASE #01-14. RESOLUTION NO. 01-46: RESOLUTION TO APPROVE A STREET SETBACK VARIANCE FOR THE PROPERTY LOCATED AT 4525 DENBIGH ROAD, P & Z CASE #01-15. RESOLUTION NO. 01-47: RESOLUTION TO APPROVE A HARDCOVER VARIANCE FOR THE PROPERTY LOCATED AT 4957 EDGEWATER DRIVE, P & Z CASE NO. 01-16. Extention for reconsideration of wetlands conservation act no-loss request by Timothy Becker, Lots 5-8, Block 4, Harrison Shores Development - XXXX Three Points Boulevard - Extension being from May 22, 2001, to August 24, 2001. 4. COMMENTS FROM CITIZENS Residents from Langdon Lane addressed the Council regarding sewer back-up that occurred on April 24. After discussion it was decided that after input is received from the adjusters, the Council, Metro Waste Commission and residents sit down and resolve this issue. Sa. METROPLAINS CELL TOWER Loren Gordon informed the Council that Qwest and MetroPlains have agreed on a location for the cell tower. One of the issues with this location is the setback from the property line of parcel 11, which would need to be addressed through the variance process. MetroPlains has indicated that they will be submitting a variance application. 2 Mound City Council Minutes- May 22, 2001 6. 2001 BONDING PROJECTS Jim Prossar of Ehters & Associates, reviewed the basic framework of the proposed three bond issues. Meyer stated that he cannot support the liquor store bond sale because of the Haddorf Field issue and because MetroPlains is tied in with the new liquor store building. Anderson expressed similar feelings, but stated that she realizes the importance of the liquor store revenues to the City. MOTION by Hanus, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 01-48: RESOLUTION PROVIDING FOR THE SALE OF AN AMOUNT NOT TO EXCEED $1,605,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2001A AN AMOUNT NOT OT EXCEED $780,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2001C MOTION by Hanus, seconded by Brown to adopt the following resolution. Ayes: Brown, Hanus, Meisel and Anderson. Nayes: Meyer. Motion carried. RESOLUTION NO. 01-49: RESOLUTION PROVIDING FOR THE SALE OF AN AMOUNT NOT OT EXCEED $1,155,000 LIQUOR STORE REVENUE BONDS, SERIES 2001B 7. (~RAMERqY CORPORATION Discussion on this item was held concurrent with the HRA meeting. Mayor Meisel 'stepped down dudng this discussion due to the perceived conflict of interest and Mark Hanus took over as Mayor. Mike Conlan, President of Gramercy Corporation, reviewed initial concept plans for the Lake Langdon site. He is preparing to get comments from the public, have an informational meeting with plans to hand out, give a visual presentation, etc. he does not want to ram through planning this project without getting the public's comments. He is interested in what people think of the 'plan and wants to know what they want and like. Mayor Meisel returned to preside over the balance of the meeting. 8. ANNUAl- FINANCIAL REPORT BY INDEPENDENT AUDITORS Finance Director Gino Businaro introduced Steve McDonald of Arbo; ,au-bo, Eick & Meyers, LLP, who presented the auditor's report to the Council. This report .is available at the public library for the public's review. MOTION by Hanus, seconded by Anderson to accept the auditor's report and financial audit as presented. All voted in favor. Motion carried. Mound City Council Minutes - May 22, 2001 9. GUIDELINES FOR PROPERTY OWNERS OF PRIVATELY DEDICATED COMMON~ John Dean presented recommendations for guidelines for facilitating dialogue between property ow~3ers in subdivisions containing privately dedicated commons. MOTION by Brown, seconded by Hanus to accept these guidelines as preSented. All voted in favor. Motion carried. 10. AGREEMENT WITH HENNEPIN COUNTY FOR RIGHT OF WAY ACClUISITION FOR IMPROVEMENTS TO CSAH 15 AND 110 Bob Lindahl, with Kennedy & Graven, reviewed the agreement for right of way acquisition and the schedule of tasks to be completed. MOTION'by Brown, seconded by Hanus to approve this agreement and submit it to the County Board for their approval. All voted in favor. Motion carried.. 11. ~IOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT MOTION by Brown, seconded by Hanus to adopt the following resolution. favor. Motion carded. All voted in RESOLUTION NO. 01-50: RESOLUTION ADOPTING THE JOINT AND COOPERATIVE AGREEMENT FOR USE OF LAW ENFORCEMENT PERSONNEL AND EQUIPMENT OF JULY 1, 2001 12. TASK FORCE FOR ISLAND PARK FACILITY Suggestions for a Task Force on the Island Park facility were discussed along with whom should serve on this task force. An ad will be run 'in The Laker, asking for interested parties for this Task Force, along with others coming from the designated groups. It was decided that a representative from community facilities, as stated in the guidelines, will not be included at this time. Consideration will be. given to this group after results from the Laker ad are received. 13. PARK AND OPEN SPACE COMMISSION RECOMMENDATIONS Ao Bo Namin,q of Parks and Public Facilities and Providin.q Memorials to Parks MOTION by Brown, seconded by Anderson to accept the guidelines for naming of parks and public facilities and providing memorials to parks. ,All ayes. Fi~hin,q Access in Desi,qnated Areas Councilmember Hanus informed the Council that the Docks Commission wishes to get the Council's input on the concept of having additional designated fishing areas. Discussion followed regarding where these areas could be located, the liability of designating areas, etc. Hanus suggested that this item be referred to the Parks Commission for input as to where fishing areas could be located, parking availability, accessibility, etc. Jim Fackler will get input from the LMCD in reference to this subject. 4 Mound C#y'Councit Minutes- May 22, 2001 This item will be placed ~on the Dock Commission's agenda for their consideration. 14. ~ET ~PECIAL MEETING WORKSHOP~ A. June. 13, 2001, at 6:30 P.m. is set for a special meeting with the Planning Commission for discussion on the nuisance abatement ordinances. B. ' June 25, 2001, at 6:30 p.m. is set for a special meeting to discuss the docks program and fees. 15. EXE~I~ITlVE SESSION REGARDING POLST0N, ET AL, LAW SUIT Upon returning from Executive Session, which ran concurrent with the HRA meeting, City Attorney John Dean explained thatthe HRA and Council received report and direction from Sue Sager, legal counsel with the League of Minnesota Cities, regarding the subject litigation. 16. INFORMATIONIMI~CELLANEOUS A. B. C. D. F. G. LMC Friday Fax LMCDcommunication FYI: Administrative approval for street dosing: Fire Dept. Fish Fry AMM call for members to Policy Committee Financial Reports: April 2001 AMM Bill Tracking Report; May 11, 2001 Westonka Healthy Community Collaborative Communication H. AMM Fax news I. Article: What Makes A Leade~ J. Westonka Schools correspondence 17. ADJOURNMENT MOTION by Brown, seconded by Anderson to adjourn the meeting at 11:19 p.m. Brown, Hanus, Meisel and Anderson. Nayes: Meyer. Motion carried. Ayes: Attest: Acting City Clerk Mayor 5