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2001-10-23MOUND CITY COUNCIL MINUTES OCTOBER 23, 2001 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 23, 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 Mac LeFevere; City Manager, Kandis Hanson; Acting City Clerk, Bonnie Ritter; Community Development Director, Sarah Smith; City Planners Bruce Chamberlain and Loren Gordon; City Engineer, Dan Parks; Finance Director, Gino Businaro; Parks Director, Jim Fackler; Dock Inspector, Katie Hoff; Jim Prosser of Ehlers & Associates; Frank Weiland, John Wilsey, David Osmek, Dennis Hopkins, Charlie Wilsey, Jerry Tasa, Jeff Paul, Jon Paul, Michelle Kaiser, Dave Willette, Tom Reese. 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 7:34 p.m. and the Pledge of Allegiance was recited. 2. APPROVE AGENDA MOTION by Brown, seconded by Hanus to approve the agenda. All voted in favor. Motion carried. 3. CONSENT AGENDA Mayor Meisel requested that 3A, Approval of Minutes, be pulled from the consent agenda for discussion. MOTION by Meyer, seconded by Anderson to approve the consent agenda as amended. Roll call was taken and all voted in favor. Motion carried. A. (removed) B. Approval of Claims in the Amount of $259,149.03. Mound City Cour~;il Minutes - O~tober 23, 2001 C. RESOLUTION NO. 01-90: RESOLUTION TO APPROVE A FRONT SETBACK VARIANCE AND A HARDCOVER VARIANCE TO ALLOW REMODEL AND CONSTRUCTION OF A NEW SECOND STORY AND LAKESIDE PORCH FOR A NON-CONFORMING STRUCTURE LOCATED AT 3001 BRIGHTON BOULEVARD. P & Z CASE #01-42. PID #24-117-24-44-0185 D. RESOLUTION NO. 01-91: RESOLUTION GRANTING PERMISSION TO EXCHANGE GRAVE SITE FOR PLACEMENT OF THIRD BURIAL IN GRAVE 7, LOT 24, DIVISION C. E. RESOLUTION NO. 01-92: RESOLUTION APPOINTING DATA PRACTICES COMPLIANCE OFFICIAL F. RESOLUTION NO. 01-93: RESOLUTION TO APPOINT RESPONSIBLE AUTHORITY FOR COMPLIANCE WITH THE MINNESOTA DATA PRACTICES ACT 3A. APPROVAL OF MINUTES MOTION by Hanus, seconded by Brown to approve the April 19, 1999 minutes as amended and to approve the October 9, 2001 regular meeting minutes. All voted in favor. Motion carried. 4. COMMENTS AND SUGGESTIONS FROM CITIZENS ON ANY ITEM NOT ON THE AGENDA None were offered. 5. PUBLIC HEARINGS Case 01-39: Willette/WWT Partners - 2346 Cypress Lane and 2361 Wilshire Blvd. Alley Vacation Mayor Meisel opened the public hearing at 7:37 p.m. Sarah Smith reviewed the vacation request, followed by Mr. Willette showing the Council his plans for the building previously known as Mound Lanes. Mayor Meisel asked for public input. No public comment was offered. The public hearing was closed at 7:49 p.m. MOTION by Brown, seconded by Meyer to adopt the following resolution. All voted in favor. Motion carried. 2 Mound City Council Minutes - October 23, 2001 RESOLUTION NO. 01-94: RESOLUTION TO APPROVE THE VACATION OF THE TWENTY (20) FOOT ALLEY/RIGHT-OF-WAY IN BLOCK 3, SHIRLEY HILLS UNIT F, LOCATED BETWEEN THE NORTH LINE OF LOT 10 AND LOT 37 AND THE SOUTH LINE OF LOT 17 AND LOT 30. P & Z CASE #01-39. B. Case 01-40: Warner/Maho,qany Bay, 2642 Commerce Blvd. - Conditional Use Permit Amendment Mayor Meisel opened the hearing at 7:50 p.m. and Sarah Smith reviewed the request, stating that the amendment is to extend the time allowed to get the lot paved at the subject property. This extension is requested because of a multiple- owner drainage problem in the area. The Planning Commission has recommended approval of this amendment. Mayor Meisel opened the hearing to public comment and Tom Reese responded, stating that he feels that the parking lot in question is in a dangerous and very unattractive condition right now. He is in favor of the extension, but stressed that the applicant must be held to the October 1, 2002 deadline. The public hearing was closed at 7:58 p.m. MOTION by Hanus, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 01-96: RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT AMENDMENT WHICH ALLOWS OPERATION OF MAHOGANY BAY AT 2642 COMMERCE BOULEVARD. P & Z CASE #01-40. PID #22-112-21-14-0008. 6. HENNEPIN COUNTY ENVIRONMENTAL REPONSE FUND GRANT APPLICATION Bruce Chamberlain reviewed the subject grant program. Receipt of this grant would allow for acquisition and environmental testing of the Maxwell site. MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 01-96: A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND APPROVING SUBMITTAL OF THE HENNEPIN COUNTY ENVIRONMENTAL RESPONSE FUND GRANT APPLICATION 3 Mound City Council Minutes - October 23, 2001 7. METROPLAINS REQUEST FOR EARLY START AGREEMENT Sarah Smith explained that this request is similar to the one the Council granted to Rottlund Homes for the Langdon Bay development. MetroPlains is requesting permission to start construction on a model in the northeast corner of the development. MOTION by Brown, seconded by Hanus to approve the early start agreement with Minnesota Marketplace, LLC, for Mound Visions 2nd Addition, as presented. Meyer stated that this is putting the cart before the horse and that the conditions of the final plat need to be satisfied before a building permit is issued. Anderson is not comfortable until all financing agreements are in place. The following voted in favor of the above motion: Brown, Hanus and Meisel. The following voted against: Anderson and Meyer. Motion carried. 8. KELLS LANE VACATION RECIUEST UPDATE Loren Gordon updated the Council regarding the result of meetings held with the two affected property owners, and Mr. Hopkins. Lengthy discussion followed regarding viable options for the property lines, utility pole location and curb cut location. Values of the land involved and having the benefited property owners donating to improve the public access to the lake was also discussed. MOTION by Brown to direct staff to continue to pursue vacation of the portion of Kells Lane in front of Jeff Paul's property, with access for Jeff to cut across Lot 6 further to the west than presented, releasing the rest of Lot 6 (with the exception of the portion to the Southeast of the proposed access) to Jon Paul. If this City lot is sold to Paul, the money is to be used to improve the trail down to the lake for the other citizens of Mound. Hanus offered the amendment that if the proposed access to the Jeff Paul property is moved, it is moved to the west of the presented plan, not easterly. Staff is also directed to start investigating the market value of the land involved. Brown accepted the amendment to his motion. The motion was seconded by Hanus. The following voted in favor of the motion: Brown, Hanus and Meisel. The following voted against: Anderson and Meyer. Motion carried. LeFevere suggested that both Jeff and Jon Paul be petitioners for the revised Kells Lane vacation request. 9. COOPERATIVE AGREEMENT WITH MINNEHAHA CREEK WATERSHED DISTRICT MOTION by Brown, seconded by Anderson to enter the Cooperative Agreement with the Minnehaha Creek Watershed District as presented. The following voted in favor: Brown, Meisel, Anderson and Meyer. The following voted against: Hanus. Motion carried. 4 Mound City Council Minutes - October 23, 2001 10. ~PACE NEEDS STUDY ON PUBLIC FACILITIES MOTION by Brown, seconded by Hanus to approve the following agreements: A. Agreement for a Space Needs Study for Island Park Facilities and Public Works Facilities with Short Elliott Hendrickson, Inc. (cost not to exceed $7,800) B. Agreement for a Communications Plan with JMS Communications & Research for $3300. C. Agreement for a Pre-Referendum Survey with Decision Resources for $8,800 All voted in favor. Motion carried. 11. LIQUOR STORE INTERIOR DESIGN ARCHITECT Jim Prosser presented the review of the two proposals received for the interior design of the Mound Liquor Store. MOTION by Brown, seconded by Hanus to accept the proposal submitted by Tushie Montgomery for interior design of the Mound Liquor Store. The following voted in favor: Brown, Hanus, Meisel and Anderson. The following voted against: Meyer. Motion carried. Meyer noted that he will not support any actions pertaining to the new liquor store at the Marketplace Shopping Center. 12. PUBLIC WORKS PAY EQUITY ADJUSTMENTS Kandis Hanson reviewed the labor negotiations with the Public Works Department, stating that the representatives requested to have pay equity points re-evaluated. MOTION by Meyer, seconded by Anderson to approve: (1) The Mound Public works Employees will be reclassified to 62 points; (2) Their pay will be adjusted to reflect this change, and therefore an increase of forty cents per hour will be added to each employee's pay; and (3) The effective date of the above change will be October 14, 2001. All voted in favor. Motion carried. 13A. PLANNING COMMISSION APPOINTMENT MOTION by Hanus, seconded by Brown to approve appointment of Jorj Ayaz to the Planning Commission as recommended. All voted in favor. Motion carried. 13B. 2002 DOCK/SLIP FEES Jim Fackler presented the proposed dock/slip fee increases to the Council as recommended by the Docks Commission. Discussion followed. MOTION by Meisel, seconded by Brown to set the 2002 Dock Fees at $250 per residential dock, with no deviation for different dock configurations or abutters/non- abutters. The Commercial Dock will increase to $500 per application and other charges per the attached 2002 fee schedule. All voted in favor. Motion carried. 5 City of Mound Docks Fees Year 2002 Oct 23, 2001 Council Approved 2002 Fee Type Fees Docks $250 Slips $250 Temporary Boat Docking $30 Seniors $190 Share $80 Small Water Craft $80 Commercial Boat ~ ................................ $20__ ...... , Commercial Dock ' $500 '.SailBoat Mooring .......................... i $250 Note: 1) Note: 2) Note: 3) Note: 4) Any charges made by the LMCD will be added to the regular dock fees. Late dock license application - on orafter March 1 will pay an additional amount of $20.00 plus $10.00 for each consecutive month thereafter. Shared docks application filed afterMarch 1 will pay an additional amount of $25.00. LMCD fee for sites not listing a boat will pay the minimum LMCD fee. * Temp. Boat Docking * Seniors Discount * Share Fee * Small WC * Comm Bt * Comm Dk 1 $30 25% 1/3 of Dock 1/3 of Dock $20 Same as Dock Plus $10 per slip or boat stored on land * Mooring Bouy Same as Dock * Commercial not charged in past: 50% Uound C~y Counc~ Uinutm - October 23, 2001 14. A. B. C. INFORMATIONIMISCELLAN EOUS LMCD correspondence Mound Westonka school district correspondence LMC Friday Fax D. AMM Fax News E. Article: Rail to Trail: public should on lakeshore corridor F. Financial Reports: September 2001 G. FYI: RGU decision and letter to Hennepin County H. FYh Notice of Pay Equity compliance I. FYI: Jon Sutherland resignation J. FYI: Langdon Bay development (final) 15. ADJOURN MOTION by Brown, seconded by Hanus to adjourn at 11:00 p.m. All voted in favor. Motion carried. Attest: Acting City Clerk Mayor Pat Meisel 6