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2002-07-09MOUND CITY COUNCIL MINUTES
JULY 9, 2002
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, July 9, 2002 at 7:30 p.m. in the council chambers of City Hall.
Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mark Hanus, David
Osmek and Peter Meyer
Others Present: City Attorney, John Dean; Acting City Manager, Gino Businaro;
Community Development Director; Sarah Smith; City Planner, Bruce Chamberlain;
Darcy Arone, Betty Brody, Linda Kohl, Kristin Vandenheuvel, Karen Wahl, Frank
Weiland, Ann Eberhart, Scott Thoma, John Anderson, Bob & Kathy Goodfellow, Bruce
McKeeman, Julie Weisenhorn, Tim Becker, Jim Strommen, Todd Landon, Tim Whitten
'1. OPEN MEETING
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.
Meisel asked that the following items be added; 5A - Executive Session, and 5B -
Phosphorous Fertilizers.
MOTION by Osmek, seconded by Meyer to approve the agenda with amendments. All
voted in favor. Motion carried.
3. CONSENT AGENDA
MOTION by Brown, seconded by Osmek to approve the consent agenda.
vote, all voted in favor. Motion carried.
Upon roll call
A. Approve minutes of the June 25, 2002, regular meeting.
B. Approve payment of claims in the amount of $307,414.12.
C. Approve agreement for volunteer Police Services for the 2002 PGA
Championship
D. Approve agreement for law enforcement personnel services with the Metropolitan
Airport Commission.
E. Approve tree removal license for Legacy Tree Care of Maple Grove, MN
4. COMMENTS AND SUGGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM
NOT ON THE AGENDA
Bruce McKeeman, 1744 Avocet Lane, indicated that he hoped to come with good news
regarding the non-abutters / abutters in Dreamwood, however he has learned that the
abutters are moving forward with a lawsuit. He made a formal request that the City
continue to manage the Dreamwood Commons.
Mound City Council Minutes - July 9, 2002
He distributed a proposal that has been presented to the abutters, to the City Council.
John Anderson, 1733 Gull Lane, confirmed that legal action has been undertaken by the
abutting properties and stated that both parties have and will continue to negotiate in
good faith.
Scott Thoma, 1716 Eagle Lane, commented that this is a disappointing day today
because he spent many hours on this proposal and to learn that the City has been filed
upon by the abutters. He further commented that they appreciate the efforts of the
City regarding the docks program and that the people in their neighborhood encourage
the City to maintain the program the way it is.
Bob Goodfellow, 1730 Avocet, commented that he was part of the non-abutters group
who have been meeting over the course of several months.
John Anderson clarified that in his opinion that the abutters group used the Woodland
Point settlement as a starting point however the non-abutters started at square one.
John Dean commented that there is no reason to go over where negotiations broke
down in the past and that the City Council would be going into executive session shortly
to review and discuss the matter. He commented that the courts will determine whether
or not the City has the right to run a dock program on the Commons in this area.
=
PUBLIC HEARINGS
Case #02-18: Planned Development Area for Lan,qdon Bay Subdivision -
Conditional Use Permit- Rottlund Homes/RH Homes
Sarah Smith provided an overview of the CUP amendment request of allowing
hardcover up to thirty-three (33) percent on certain lots, which will allow buyers to have
a variety of home plans to select from when lots are sold. The Planning Commission as
recommended approval of this CUP amendment.
Tim Whitten of Rottlund Homes clarified that the development will maintain an overall
hardcover average of thirty (30) percent and thanked the City Council.
Mayor Meisel opened the public hearing at 7:40 p.m.
Kris Vandenheuvel, 6165 Sugar Mill Lane, commented that some of the subject lots are
located close to her home and expressed concern regarding the mass of the structure.
Mayor Meisel closed the hearing at 7:48 p.m.
Mound City Council Minutes - July 9, 2002
MOTION by Brown to adopt the following resolution. Hanus seconded the motion and
offered a friendly amendment that excluded the lots already sold, from the resolution.
All voted in favor. Motion carried.
RESOLUTION NO. 02-72:
RESOLUTION TO APPROVE AN AMENDMENT TO THE
PLANNED DEVELOPMENT AREA- CONDITIONAL USE
PERMIT FOR THE LANGDON BY RESIDENTIAL
SUBDIVISION TO EXCEED THE THIRTY (30) PERCENT
HARDCOVER RESTRICTION FOR CERTAIN LOTS IN
LANGDON BAY.
5A. EXECUTIVE SESSION
City Attorney John Dean indicated that the City has been served with a summons and
complaint relating to the commons in the plat of Dreamwood Addition, and need to
determine a response. He suggests that the Council meet in Executive Session and
have the Council invoke the ^ttorney/Client privilege. The Council went into Executive
Session at 7:50 p.m.
The Council meeting reconvened at 8:29 p.m. City Attorney John Dean reported that he
outlined the summons and complaint to the Council and they concurred that the matter
would be further explored at the meeting of July 23rd, where the attorney selected by the
League of Minnesota Cities to defend the City will also be present to discuss litigation
strategies. No decisions or directives have been given by the Council at this time.
5B. PHOSPHOROUS FERTILIZERS
John Dean presented the Council with a handout from the Minnesota Senate. He
indicated that the legislature adopted a law related to the application of phosphorous
fertilizers on turf. The law prohibits the use of phosphorous fertilizers on turf with the
exception of establishment of lawns. He brought this to the City's attention in that the
law doesn't go into affect until 2003-2004 and suggested that the City act before August
1st . The value would be that the City can put the ordinance on the books prior to the
enactment of the law(s) in 2003-2004. Any ordinance would need to be reviewed by the
City Council at its 7/23/02 meeting.
Mayor Meisel would like to use the time to begin educating our local businesses and the
public regarding the phosphorous regulations. She feels that residents need to be
informed.
Julie Weisenhorn, 1733 Bluebird, stated she is a Master Gardener with Hennepin
County, and would be happy to assist in this education endeavor. This item is
especially important for the lakes community and volunteered her services.
Mound City Council Minutes - July 9, 2002
Mayor Meisel and members of the City Council, by consensus, agreed to pursue
educational efforts with the public.
6. JIM STROMMEN OF KENNEDY & GRAVEN
ACTION ADOPTIONG AN ORDINANCE RELATING TO THE
ADMINISTRATION AND REGULATION OF THE PUBLIC RIGHTS-OF-WAY IN
THE PUBLIC INTEREST, AND TO PROVIDE FOR THE ISSUANCE AND
REGULATION OF RIGHT-OF-WAY PERMITS AND APPROVING SUMMARY
PUBLICATION OF THE ORDINANCE.
ACTION ADOPTING AN ORDINANCE GRANTING RELIANT ENERGY
MINNEGASCO A NONEXCLUSlVE FRANCHISE TO CONSTRUCT, OPERATE,
REPAIR AND MAINTAIN FACILITIES AND EQUIPMENT FOR THE
TRANSPORTATION, DISTRIBUTION, MANUFCTURE AND SALE OF GAS
ENERGY FOR PUBLIC USE AND TO USE THE PUBLIC WAYS AND
GROUNDS FOR SUCH PURPOSE AND APPROVING SUMMARY
PUBLICATION OF THE ORDINANCE.
Sarah Smith introduced the ROW and gas franchise ordinance to the City Council
and outlined the process undertaken by the City of Mound to bring the document to
this point, including the preparation of earlier drafts as well the input provided by the
various utility companies. Smith commented that Butch McConnell of Frontier
Communications called earlier today and indicated that they are conformable with
the most recent draft of the ordinance and further commented that Xcel Energy may
have remaining issues and it was anticipated that a representative would be
attending this evening's meeting. Mr. Strommen further commented that he believes
that he understands what Xcel's issues are and further commented that in most
cases, outstanding issues can be worked out.
Hanus asked whether the document is the cutting edge and Strommen added that
the document originated from the LMC and from the cities of Minneapolis and St.
Paul. Recent cities that have approved documents include Burnsville and
Shakopee. He further commented that the utilities are fairly familiar with the
elements of this ordinance.
Strommen commented that Mound hasn't contemplated the fee(s) structure as of yet
but is working on it. He further commented that this tends to be an issue that
concerns the utility companies.
MOTION by Brown, seconded by Hanus to pass the following ordinance and
approve summary publication. All voted in favor. Motion carried.
Mound City Council Minutes - July 9, 2002
ORDINANCE NO. 11-2002: AN ORDINANCE RELATING TO THE
ADMINISTRATION AND REGULATION OF PUBLIC
RIGHTS-OF-WAY IN THE PUBLIC INTEREST, AND
TO PROVIDE FOR THE ISSUANCE AND
REGULATIONS OF RIGHT OF WAY PERMITS;
ADDING SECTION 655 TO THE MOUND CITY CODE.
MOTION by Brown, seconded by Osmek to pass the following ordinance and
approve summary publication. All voted in favor. Motion carried.
ORDINANCE NO. 12-2002:
AN ORDINANCE GRANTING RELIANT ENERGY
MINNEGASCO, A DIVISION OF RELIANT ENERGY
RESOURCES CORPORATION, A DELAWARE
CORPORATION, ITS SUCCESSORS AND ASSIGNS,
A NONEXCLUSlVE FRANCHISE TO CONSTRUCT,
OPERATE, REPAIR AND MAINTAIN FACILITIES
AND EQUIPMENT FOR THE TRANSPORTATION,
DISTRIBUTION, MANUFACTURE AND SALE OF
GAS ENERGY FOR PUBLIC AND PRIVATE USE
AND TO USE THE PUBLIC WAYS AND GROUNDS
OF THE CITY OF MOUND, MINNESOTA, FOR SUCH
PURPOSE; AND PRESCRIBING CERTAIN TERMS
AND CONDITIONS THEREOF.
C. ACTION REGARDING REIMBURSEMENT OF ENGINEERING COSTS FOR
TRANSMISSION LINE RELOCATION AND ACTION PROVIDING DIRECTION
REGARDING THE UNDERGROUNDINGN OF TRANSMISSION LINES
RELATED TO DOWNTOWN REDEVELOPMENT AND THE PUBLIC SAFETY
FACILITY.
Strommen provided the City Council with an overview regarding the reimbursement
of engineering costs for transmission line relocation associated with the Xcel
substation relocation for the CSAH 15 project. To reach a compromise in order to
advance the project, the City has offered to advance approximately $20,000 to get
things moving. The City Council can opt to attempt to recover these costs and/or
forego the fees. Strommen reminded the Council that Hennepin County has
indicated that they will not pay the fees. Strommen indicated that City staff is looking
for some direction from the City Council how to address this matter.
Mayor Meisel stated that when the original resolution was adopted to approve the
payment of the advance to Excel, it reserved the right to recover further costs.
Hanus commented that potential legal fees could exceed the $18,000 fees paid to
Xcel.
Mound City Council Minutes - July 9, 2002
Hanus asked if this is a good time to pursue this matter or should the City retain its
future right. Members of the City Council gave Mr. Strommen a directive to see if
anything can be done to recoup these costs.
Strommen explained the 1999 court case for the City of Oakdale which stated that
municipalities, but using its police power, can force private utilities to go
underground.
The question for the City of Mound is that if there is a surcharge for undergrounding
the utilities in the downtown project and for the new Public Safety Facility, should
these charges be borne by the utilities companies. This could be a "test case" for
the Public Utilities Commission. The opportunity also exists that League could
provide legal assistance. He cited the Minneapolis and St. Paul model which
requires undergrounding.
Osmek commented that the downtown and the public safety structure have special
needs which merit undergrounding, however it is unlikely that the entire community
would go underground.
Hanus suggested that we get an estimate on potential costs,etc.
Strommen commented that he would like to discuss the "special facility" matter with
an expert and suggested that he bring an estimate back in a few weeks.
Additionally, the opportunity to involve the League of Minnesota Cities is also
advisable. The directive was given for him to do so and report back to the Council.
7. ACTION ON REQUEST FROM LITTLE LEAGUE TO MODIFY LOST LAKE
GREENWAY PROJECT AS IT RELATES TO THE TRAIL PLAN
Bruce Chamberlain was present to discuss a proposed change to the Greenway Trail in
response to concerns expressed by the Little League about it cutting through their
parking lot and to provide an overview of the present trail alignment which would
remove (4) stalls.
Based on discussions with the Little League, a possible solution is to stop the trail at the
west edge of the parking lot. The Little league has expressed interest in pursuing the
preparation of a master plan which would perhaps find a better position for the trail in
the long run. MnDot is comfortable with the proposed modification and it will not affect
the grant involved.
MOTION by Brown seconded by Osmek to approve the modified plan as presented.
Discussion followed with regard to the availability of the City Hall lot for parking. Meyer
requested that Brown rescind his motion to allow additional discussion with the Little
League to ask them to reconsider in light of the availability of parking at City Hall and
Mound City Council Minutes - July 9, 2002
the Balboa property. He feels that it is important to complete the trail as originally
planned. Chamberlain stated the Little League feels that it is very important to have
close, convenient parking.
Meisel commented that the parking at City Hall is always available and we should make
the Little League aware of the City Hall lot.
Hanus indicated that this modification still allows pedestrian access via the parking lot.
Meyer requested that Councilmember Brown rescind his motion to allow an additional
discussion(s) with the Little League to ask them to reconsider in light of the availability
of parking at City Hall and the Balboa property. He really feels it is important to
complete the trail.
Vote on the motion was called at the request of Councilmember Brown. The following
voted in the affirmative: Brown, Hanus, Meisel and Osmek. The following voted
against: Meyer. Motion carried.
8. ACTION ON NUISANCE ORDINANCE AS IT PERTAINS TO VEHICLES AND
SCREENING
MOTION by Brown, seconded by Meyer to refer the nuisance ordinance to the Planning
Commission for review and recommendation back to the Council. All voted in favor.
Motion carried. All pertinent background information will be supplied to the Planning
Commission.
9. ACTION ON RESOLUTION DENYING REQUESTS OF BECKER FOR NO-LOSS
DETERMINATION AND EXEMPTION UNDER THE WETLAND CONSERVATION ACT
ON FOUR LOTSIN THE CITY OF MOUND AND ACCEPTING AND ADOPTING THE
ACTIONS OF CITY STAFF
Smith briefly summarized the history and outlined the scope of the proposed resolution.
Smith also commented that the Becker family has submitted an application to rezone
the subject area to R-lA.
MOTION by Hanus, seconded by Brown to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 02-73:
RESOLUTION DENYING REQUESTS OF TIMOTHY
BECKER AND DALE AND LORELL BECKER FOR NO-
LOSS DETERMINATION AND EXEMPTION UNDER THE
WETLAND CONSERVATION ACTON FOUR LOTS IN
THE CITY OF MOUND AND ACCEPTING AND
ADOPTING THE ACTIONS OF CITY STAFF.
Mound City Council Minutes - July 9, 2002
10, ACTION ON REQUEST TO REDUCE LETTER OF CREDIT FOR LANGDON
WOODS SUBDIVISION
MOTION by Brown, seconded by Hanus to approve to reduce the letter of credit by
$108,981.12, for Langdon Woods Subdivision based on the progress of the construction
project to date. All voted in favor. Motion carried.
'1'1. ACTION RESETTING COUNCIL MEETING DUE TO PRIMARY ELECTION
Meyer suggested tabling the meeting date change to its 7~23~02 meeting when the City
Manager is present.
12. INFORMATION/MISCELLANEOUS
A. AMM Fax News
B. LMCD correspondence
C. Article: Mixed Masters
D. Newsletter: Minnehaha Creek Watershed District
E. Newsletter: Gillespie Center
F. Article: Municipal Liquor Stores Boost Projects' Funding
G. Public Safety Building update
H. Westonka Healthy Community Collaborative correspondence
I. Letters: Students on phosphorous
J. Minutes: Planning Commission - June 3 & 17
K. City Manager Sweden trip
13. ADJOURN
MOTION by Brown, seconded by Osmek to adjourn at 10:05 p.m. All voted in favor.
Motion carried.
Attest: Bonme R~tter, City Clerk