2001-10-09MOUND CITY COUNCIL
OCTOBER 9, 2001
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, October 9, 2001, at 7:30 p.m. in the council chambers at 5341
Maywood Road in said City.
Councilmembers Present: Mayor Pat Meisel, Councilmembers Bob Brown, Mark
Hanus, Kim 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 Planners
Loren Gordon and Bruce Chamberlain; City Engineer, John Cameron; Pam Myers, Jim
Smith, Kristyn Hewitt, Stephen Hewitt, Vern Hanson, Larry Olson, Jeff Paul, Pamela
Paul, Jonathan Paul, Margo Hopkins, Dennis Hopkins, Darcy Howley, Rick and Susan
Bloomquist, Peter Johnson, Ken Custer, Frank Weiland, Roland Jurgens.
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 to meeting to order at 7:34 p.m. and the Pledge of Allegiance was
recited.
2. APPROVE AGENDA
City Manager Hanson requested the addition of item 9A, City Manager's Report, and
adding item 3G, Special Meeting to be held October 22, 7:00 p.m., to discuss the
Watershed Cooperative Agreement.
MOTION by Brown, seconded by Hanus to approve the agenda as amended. All voted
in favor. Motion carried.
3, CONSENT AGENDA
Hanus requested that 3B, Approval of Claims, be removed from the consent agenda for
discussion. Meyer requested that item 3A, Approval of the September 25, 2001
minutes be removed from the consent agenda.
MOTION by Hanus, seconded by Brown to approve the Consent Agenda as amended.
All voted in favor. Motion carried.
A. (removed)
B. (removed)
Mound City Council Minutes - October 9, 2001
C. Approve Planning Commission Recommendations
Case #01-26 & #01-31: Brenshell Homes, 1642 Gull Lane, Minor
Subdivision and Variance on Lot size.
RESOLUTION NO. 01-82: A RESOLUTION APPROVING A MINOR
SUBDIVISION AND VARIANCE FOR THE
PROPERTY LOCATED AT 1642 GULL LANE,
LOTS 9, 10 AND 11, BLOCK 18,
SHADYWOOD POINT, P & Z CASE #01-26
AND #01-31; PID #23-117-24-12-0256
2. Case #01-37: Swenson, 4865 Island View Drive, Variance for front yard
setback.
RESOLUTION NO. 01-83: A RESOLUTION APPROVING A FRONT
YARD SETBACK VARIANCE TO
CONSTRUCT A TWO STALL, ATTACHED
GARAGE AT 4865 ISLAND VIEW DRIVE,
LOT 7 AND 8, BLOCK 14, DEVON, P & Z
CASE #01-37: PID #25-117-24-11-0039
D. Approval of Award for Snow Removal Contract to Widmer, Inc. of St. Bonifacius
E. Approval of Proposal from GME Consultants, Inc., for Phase II Environmental
Site Assessment for Portions of Balboa Site
F. RESOLUTION NO. 01-84: A RESOLUTION APPROVING THE FORM OF THE
LEASE/PURCHASE AGREEMENT WITH ZlONS
FIRST NATIONAL BANK, SALT LAKE CITY, UTAH
AND AUTHORIZING THE EXECUTION AND
DELIVERY THEREOF
G. Special Meeting on October 22, 2001, to discuss the Watershed District
Cooperative Agreement.
3A. APPROVE MINUTES OF SEPTEMBER 25, 2001, REGULAR MEETING
MOTION by Meyer, seconded by Anderson to add the amendment offered by Meyer to
Resolution No. 01-80, in it's entirety, in the minutes of September 25. Meisel disagreed
due to the fact that resolutions that are adopted are not entered into the minutes in their
entirety, but only by reference. Thus, an amendment that was defeated should not be
entered word for word in minutes. The following voted in the affirmative: Anderson and
Meyer. The following voted in the negative: Brown, Hanus and Meisel. Motion
defeated.
MOTION by Hanus, seconded by Brown to approve the minutes of September 25,
2001, as presented. The following voted in the affirmative: Hanus, Brown, Meisel and
Anderson. The following voted in the negative: Meyer. Motion carried.
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Mound City Council Minutes - October
3B. APPROVE PAYMENT OF CLAIMS
Hanus questioned why a tree on Basswood WoUld be charged to the Dock Fund. This
item in the amount of $745.50 will be removed from the claims list for further
investigation.
MOTION by Hanus, seconded by Brown to approve payment of claims in the amount of
$124,795.95. All voted in favor. Motion carried.
4. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM
NOT ON THE AGENDA
Jim Smith, past Superintendent of Mound Westonka Schools, addressed the Council in
support of the Mound Westonka School System, and to introduce Dr. Pam Myers. Para
Myers, Mound Westonka School Superintendent, stressed the importance of the
operating levy before voters in November.
5. PUBLIC HEARINGS
A. Case #01-21: Jonathan Paul, 4679 Wilshire Blvd - Kells Lane Street and
Easement Vacation
Mayor Meisel opened the public hearing at 7:55 p.m. City Planner, Loren Gordon
reviewed the case and outlined the four option~ that the Planning Commission had
considered.
Dennis Hopkins of 4608 Wilshire Blvd, stressed to the Council that he and others in
the neighborhood, according to the petition submitted, were strongly opposed to the
vacation of Kells Lane as submitted.
After hearing additional comments from the applicant and others involved, Mayor
Meisel closed the hearing at 8:50 p.m.
MOTION by Meyer and seconded by Anderson that staff meet with Jeff Paul to
negotiate a purchase price for his parcel, that is adjacent to the Jonathan Paul
parcel. The following voted in the affirmative: Anderson and Meyer. The following
voted in the negative: Brown, Hanus and Meisel. Motion defeated.
MOTION by Brown, seconded by Hanus to request Jonathan Paul and Jeff Paul to
meet with staff and a neighborhood representative if desired, to come up with an
agreeable proposed new lot line, that would provide acceptable access to Jeff Paul's
property, as well as satisfy the request of Jonathan Paul. It was noted that a curb
cut onto Wilshire Blvd. will also have to be approved by Hennepin County. The
following voted in the affirmative: Brown, Hanus and Meisel. The following voted in
the negative: Anderson and Meyer. Motion carried.
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Mound City Council Minutes - October 9, 2001
B. Public Hearing on Unpaid Utility Bills - to be Certified to the County Auditor
Mayor Meisel opened the public hearing at 9:40 p.m. She asked for public
comment, and when no comments were offered, the public hearing was closed at
9:41 p.m.
MOTION by Hanus, seconded by Brown to adopt the following resolution. All voted
in favor.
RESOLUTION NO. 01-85:
RESOLUTION ADOPTING DELINQUENT WATER &
SEWER ASSESSMENT ROLL IN THE AMOUNT OF
$88,647.6'1 TO BE CERTIFIED TO THE COUNTY
AUDITOR AT 8% INTEREST. LEVY #15278
Mayor Meisel stepped down at this point, and Acting Mayor Hanus presided over
item 5C.
C. Public Hearing on 2001 CBD Parking Maintenance
Acting Mayor Hanus opened the public hearing at 9:42 p.m: he asked for public
comment and when no comments were offered, the public hearing was closed at
9:43 p.m.
MOTION by Brown, seconded by Meyer to adopt the following resolution. All voted
in favor. Motion carried.
RESOLUTION NO. 01-86:
RESOLUTION ADOPTING 2001 CBD PARKING
MAINTENANCE ASSESSMENT ROLL IN THE
AMOUNT OF $3,707.27 TO BE CERTIFIED TO THE
COUNTY AUDITOR AT 8% INTEREST. LEVY #15279
Mayor Meisel returned to preside over the remainder of the meeting.
6. METRO PLAINS DEVELOPMENT ENVIRONMENTAL ASSESSMENT
WORKSHEET (EAW) DETERMINATION OF NEED FOR ENVIRONMENTAL IMPACT
STATEMENT {ELS)
Community Development Director, Sarah Smith, reviewed the history of the EAW,
stating that it was a discretionary EAW prepared on behalf of the City of Mound by City
staff and consultants. The availability notice was published in EQB Monitor and The
Laker, with copies forwarded to the list of public agencies pursuant to Minnesota
Statutes. The thirty-day comment period ran from September 3, 2001 to October 3,
2001, with comments received from MnDot, Met Council, DNR and MCWD.
Bruce Chamberlain reviewed the comments received during the comment period and
recommended that the project proceed as proposed.
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Mound City Council Minutes - October ~), 200t
Discussion followed regarding the comments received on October 9 from the Minnesota
Historical Society and Hennepin County Department.of Transportation. City Attorney,
John Dean explained that the comments received after the designated comment period
need not be considered. The process for review of the EAW is set by rule and law and
these rules have been followed.
MOTION by Brown, seconded by Hanus to adopt the following resolution. The following
voted in the affirmative: Brown, Hanus and Meisel. The following voted in the negative:
Meyer. Councilmember Anderson abstained from voting. Motion carried.
RESOLUTION NO. 01-87:
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOUND DETERMINING THAT, BASED ON THE
ENVIRON MENTAL ASSESSMENT WORKSHEET (EAW)
AND PUBLIC COMMENT TO THE EAW, AN
ENVIRONMENTAL IMPACT SATEMENT (ELS) IS NOT
WARRANTED FOR THE VILLAGE BY COOKS
BAY/MOUND MARKET PLACE PROJECT
7. METRO PLAINS DEVELOPMENT - MOUND VISIONS 2ND ADDITION FINAL
PLAT
City Planner, Loren Gordon, informed the Council that he has reviewed the final plat
with regard to consistency with the preliminary plat and has found it to conform and
recommends final approval.
MOTION by Hanus and seconded by Brown to adopt the following resolution. The
following voted in the affirmative: Brown, Hanus and Meisel. The following voted in the
negative: Anderson and Meyer. Motion carried.
RESOLUTION NO. 01-88: RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MOUND GRANTING APPROVAL OF THE MOUND
VISIONS 2ND ADDITION FINAL PLAT LOCATED AT 5600
LYNWOOD BLVD. CASE #01-41
8. PLANNING COMMISSION RECOMMENDATION
Case #01-30: MetroPlains Development - 5600 Lynwood Blvd, Variance for Cell Tower
MOTION by Brown and seconded by Hanus to adopt the following resolution. The
following voted in the affirmative: Brown, Hanus and Meisel. The following voted in the
negative: Anderson and Meyer. Motion carried.
RESOLUTION NO. 01-89:
RESOLUTION TO APPROVE A SETBACK VARIANCE
FOR A TELECOMMUNICATIONS TOWER LOCATED ON
THE PROPERTY AT 5600 LYNWOOD BLVD., P & Z
CASE #01-30: PID #14-117-24-41-0011
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Mound City Council Minutes - October 9, 2001
9. LETTER OF SUPPORT FOR ACQUISITION OF RAIL CORRIDOR
MOTION by Brown and seconded by Hanus to approve writing a letter of support for the
Dakota Rail Corridor that runs through Mound to become a public trail. All ayes. Motion
carried.
9A. CITY MANAGER'S REPORT
Hanson informed the Council that the Christmas Tree I'ighting Ceremony is scheduled
for November 19, at 6:30 p.m. Conducting Planning Commission interviews will follow
this at 8:00 p.m.
Hanson also informed the Council and the public that the City has taken measures to
increase security in the City. Extra effort is being taken regarding security of the lift
stations, wells, and heightened awareness as a whole.
The Watershed District 'Cooperative Agreement will be discussed on October 22r~,
following the CSAH 15 discussion.
10. INFORMATION/MISCELLAN EOUS A. LMCD correspondence
B. Mound Westonka school district correspondence
C. Gillespie Gazette
D. AMM Fax news
E. Report: Mound Police Department, September, 2001
F. Letter from Congressman Ramstad
G. Report: Building permits through September, 2001
H. Report: Polston,~et al, lawsuit costs through October 4, 2001
11. ADJOURN
MOTION by Brown and seconded by Hanus to adjourn at 10:40 p.m. All voted in favor.
Motion carried.
Attest: Acting City Clerk
Mayor Pat ~eisel ~
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