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2001-08-14MOUND CITY COUNCIL MINUTES AUGUST 14, 2001 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 14, 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. Others Present: City Attorney, John Dean; City Manager, Kandis Hanson; Acting City Clerk, Bonnie Ritter; Community Development Director, Sarah Smith; City Planner, Loren Gordon, Lorrie Ham, Bill and Dorothy Netka, John Helmet, Dennis Hopkins, Jim Smith. 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, WITH ANY AMENDMENTS City Manager, Kandis Hanson, added item 10A, setting a special meeting for the budget workshop. MOTION by Hanus, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 3. CONSENT AGENDA Meyer removed item 3A, Approval of Minutes, and item G, Public Lands Permit from the consent agenda for discussion. MOTION by Hanus, seconded by Meyer to approve the consent agenda as amended. All voted in favor. Motion carried. B. Approve Payment of Claims in the Amount of $298,549.67. C. RESOLUTION NO. 01-64: RESOLUTION NAMING DON SCHERVEN MEMORIAL PARK. D. Approve Tim Becker Request for Extension to "No-Net Loss" Determination and Exemption. Mound City Council Minute~ -August 14, 2001 E. RESOLUTION NO. 01-65: A RESOLUTION TO APPROVE A REQUEST TO REMOVE A STREET LIGHT AT THE END OF CANARY LANE - 1700 CANARY LANE. F. RESOLUTION NO. 01-66: RESOLUTION ELECTING TO CONTINUE PARTICIPATING IN THE LOCAL HOUSING INCENTIVES ACCOUNT PROGRAM UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT 3A. APPROVAL OF MINUTES MOTION by Hanus, seconded by Meyer to approve the City Council Minutes of the July 10th regular meeting, the July 17th special meeting, and the July 24th regular meeting, as amended. All voted in favor. Motion carried. 3G. APPROVE PUBLIC LANDS PERMIT: BOB CARLSON -4991 BRIGHTON BLVD. Meyer asked for clarification on how much the project would impact the commons area. Jim Smith of Concept Landscaping explained the project, stating that the retaining wall would extend 15' toward the lake, leaving a 5' walkway for pedestrian traffic and maintenance. MOTION by Meyer, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 01-67: RESOLUTION TO APPROVE A PUBLIC LANDS PERMIT FOR MR. BOB CARLSON AT 4991 BRIGHTON BLVD., LOTO 7 & PT OF 8, WYCHWOOD, BLOCK 38, DOCK SITE #51850. 4. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT None were offered. 5. PUBLIC HEARING -VACATION OF PORTIONS OF KELLS LANE Mayor Meisel opened the public hearing at 7:42 p.m. for the vacation of a portion of Kells Lane, Case No. 01-21. Dennis Hopkins, 4609 Wilshire Blvd., addressed the council with concerns about the subject vacation. He is concerned over access to the lake in that area, which is now used for fishing by the neighborhood. He feels that if that area were cleaned up to the condition it was a few years ago, that it would provide for more fishing area. There are no trees that have to be removed, just brush and weeds removed. He has a petition from the neighborhood that opposes the vacation because of the desire to keep the area accessible for fishing. Mayor Meisel informed him that his concerns will be considered. 2 Mound City Council Minutes -August 14, 2001 Upon no further comments being offered, the public hearing was closed at 7:49 p.m. MOTION by Brown, seconded by Hanus to continue the public hearing on September 11, 2001, at 7:30 p.m., as recommended by Staff. All voted in favor. Motion carried. 6. SUBDIVISION AGREEMENT FOR LANGDON BAY City Planner, Loren Gordon, reviewed the changes to the Langdon Bay Subdivision Agreement. He informed the council that the revisions were procedural in nature, and clarified all points involved in the project. MOTION by Hanus, seconded by Brown to approve the Langdon Bay Development Agreement as revised. All voted in favor. Motion carried. Brown expressed concern over construction traffic creating additional street clean-up for the City. He sited the development just outside the city limits, where construction traffic is bringing dirt and mud onto the city streets. City Manager Hanson will contact the county and ask them to remind their developer of their clean-up responsibilities. 7. ACTION ON ORDINANCE REGULATING PLACEMENT OF "ROLL-OFF" DUMPSTERS MOTION by Brown, seconded by Meyer to pass the following ordinance, as amended. All voted in favor. Motion carried. ORDINANCE NO. 06-2001: AN ORDINANCE ADDING SECTION 492 TO THE CITY CODE RELATING TO PERMITS FOR TEMPORARY PLACEMENTS OF CONTAINERS ON PUBLIC RIGHT- OF-WAY After discussion, it was the consensus that a $50 permit fee should apply to the above. 8. ACTION AMENDING E. THICS GUIDELINES MOTION by Brown, seconded by Hanus to approve the Ethics Guidelines as presented, with the statement, "1 hereby acknowledge and will uphold these ethics guidelines as provided under Minnesota Statute", to be signed annually by the Council and Commission members, with the financial disclosure statement being optional. There will also be a provision added that directs all complaints to the City Manager, who will then channel them appropriately and follow-up on same. Ayes: Brown, Hanus and Meisel. Nayes: Anderson and Meyer. Motion carried. 9. EXECUTIVE SESSION FOR CONSIDERATION OF SETTLEMENT AGREEMENT ..ON POLSTON~ ET ALi LAWSUIT City Attorney, John Dean, stated the parties have not provided the city with a signed settlement agreement, so there will be no executive session at this time. 3 Mound City Council Minutes -August 14, 2001 10.ACTION ON RESOLUTION ORDERING AN ENVIRONMENTAL ASSESSMENT WORKSHEET (EAW) City Attorney, John Dean, stated that because there was no need for executive session as stated in item 9, there is no action or discussion on this item. 10A. SET SPECIAL MEETING FOR BUDGET WORKSHOP A special meeting is set for September 4, 2001, at 7:00 p.m. for the purpose of conducting a workshop for the 2002 budget. 11. INFORMATION/MISCELLANEOUS A. AMM Fax News B. LMCD correspondence C. Mound Police Department Report: July, 2001 D. Westonka Senior Center news E. Article: Urban police Jobs are Losing Their Appeal F. Minnesota Chamber Legislative Update G. Letter: Free Bee's H. Hennepin County Planning Office appointment I. Zoning Activity Report: June/July, 2001 J. Letter: Hennepin Conservation District: Hanus commented on this letter, cautioning that this wetlands assessment is the first step that will restrict use of one's property because of the creation of wetlands buffers. Meyer expressed strong support of the wetlands project. K. Sheriff's Report: Summer2001 L. Report on Dock Inspector M. Memo on County Roads 15 & 10 Project 12. ADJOURNMENT MOTION by Brown, seconded by Hanus to adjourn the meeting at 8:43 p.m. in favor. Motion carried. All voted Attest: Acting City Clerk Mayor Pat Meisel 4