2022-09-13 CC Meeting MinutesMOUND CITY COUNCIL MINUTES
September 13, 2022
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, September 13, 2022 at 7:00 p.m. in the Council Chambers in the Centennial Building.
Members present: Mayor Ray Salazar; Council Members, and Sherrie Pugh, Phil Velsor and
Jason Holt
Members absent: Council Member Paula Larson
Others present: City Manager Eric Hoversten, City Clerk Kevin Kelly, City Planner Rita Trapp,
Mike Tesmer, Joe Bruns, Tracey Nagel, Charnel Heltsley, Kim Blievernicht, Bjorn Carlson,
Nathan Carlson, Nancy Paulson, Michelle Herrick, Jacob Kohler, Claudia Lacy, Kathy
McEnaney, Sean Carroll, Mary Davis, Brian Farrell, Tom Notch, Cindy Notch, Scott Gates, Jim
Meyer, Beth Frye, Jason and Suzanne Zattler, Barb Warren, Dan Saatzer and Margie Saatzer.
Consent agenda: All items listed under the Consent Agenda are considered to be routine in
nature by the Council. There will be no separate discussion on these items unless a
Councilmember or citizen so requests, in which event it will be removed from the Consent
Agenda and considered in normal sequence.
1. Open meeting
Mayor Salazar called the meeting to order at 7:01 p.m.
2. Pledae of Allegiance
3. Approve agenda
Hoversten added additional pages 2235.1 through 2235.7, public comments and additional
items from Northland Mound to Agenda Item 6.
MOTION by Holt, seconded by Velsor, to approve the agenda. All voted in favor. Motion
carried.
4. Consent agenda
MOTION by Velsor, seconded by Holt, to approve the consent agenda. Upon roll call vote, all
voted in favor. Motion carried.
A. Approve payment of claims in the amount of $481,535.53.
B. Approve minutes: 08-23-22 regular meeting
C. RESOLUTION NO. 22-78: RESOLUTION AUTHORIZING 2022 CENTRAL BUSINESS
DISTRICT (CBD) PARKING MAINTENANCE ROLL TO BE CERTIFIED TO THE
COUNTY AUDITOR AT 5% INTEREST LEVY #22019
D. RESOLUTION NO. 22-79: RESOLUTION APPROVING VARIANCE AND PUBLIC
LANDS PERMIT AND VARIANCE FOR 6 FOOT FRONT YARD FENCE IN RIGHT OF
WAY ADJACENT TO PROPERTY AT 1703 JONES LANE
Mound City Council Minutes — September 13, 2022
(PLANNING CASE NO.22-11)
5. Comments and suggestions from citizens present on any item not on the agenda.
None were offered.
6. Re-evaluation of previously -reviewed development applications from Northland Real
Estate Group for Northland Mound project involving property generally located southwest
of the intersection of Commerce Boulevard and the Dakota Rail Regional Trail on the eastern
shore of Lake Langdon and undeveloped street right of ways:
Salazar announced that Council member Larson would not be attending the meeting.
Salazar said the Council previously reviewed the application from Northland Mound and this is a
reconsideration of the zoning request and street vacation petitions.
Salazar said the Council acted on the Northland applications at the April 26, 2022 Council meeting and
denied the street vacation request and zoning applications. Salazar said the City Attorneys
recommended that the Council reconsider the street vacation and zoning applications and because the
Council has already had hours of presentation on this project, there is no need for staff input on the
project.
Salazar said previous public comments at Council meetings are part of the public record. Salazar said
the Council will reconsider the street vacations first and then the zoning applications.
Salazar stated Brian Farrell and the Northland Mound group will speak first with public comments being
taken after.
Brian Farrell, 3106 Priest Lane, and the Northland Mound Real Estate Group approached the Council
and recapped that the project will provide new housing options for current and future residents which
don't currently exist in Mound. Farrell said this project will add to the tax base and support local
businesses.
Farrell said Northland met with the Planning Commission (PC) and the Council and have made
changes to project at the request of the Council. Farrell said Northland reduced the height of the
building, reduced to 83 units and increased the parking count to 124 stall which is 1.5 stalls per unit.
Farrell said they softened the mass of the building with walkout units and met with neighboring
businesses and revised the traffic parking plan as a result. Farrell said the Council voted in favor of the
changes with a 3-1 vote at the April 12, 2022 to approve the project.
Farrell said that at the April 26th Council meeting the alleged 1909 easement was raised. Farrell said
their title company confirmed this easement was terminated in the 1950's. Farrell said Northland is
prepared in a good faith effort to cooperate with the Council and public to grant a public easement for
the general public to access Lake Langdon which should remove lingering concerns over an easement
to the lake.
Peter Coyle, Northland's legal representative, 8300 Norman Center Drive, Bloomington, MN said at the
April 12 Council meeting he noted that the city code sets up a rules -based process that all applicants
must follow in order to garnish support from the City. Coyle said the Council and City must also follow
the rules of application and if the City does not apply these rules fairly to a project, a Council decision
could be viewed as arbitrary. Coyle said the Northland Mound project satisfies these rules and is a
project worth supporting. Coyle added the staff and PC both stated in their findings that the project was
worth approving and the Council also approved the project with their direction to staff at the April 12
Mound City Council Minutes — September 13, 2022
meeting to prepare resolutions for approval of the project. Coyle said the facts are unchanged since
the recommendations from the Council at the April 12 meeting and at the April 26th meeting in which the
private easements were debated. Coyle added the linkage to the vacation of the right of way was
discussed and Coyle said there has been no new information produced since the meeting that the
application was not proper. Coyle added that the resolution to deny in the current agenda packet
includes a number of deficiencies and notes the resolution is concerned about the question of the
easement to the lake though there is no evidence the private easement exists.
Coyle said Farrell's inclusion of a public easement to the lake is in the public interest and vacating the
right of way is also in the public interest. Coyle said the DNR comments in the resolution about its
interest in the public access are not factual as there was no permitted access to the lake until Farrell's
public easement providing that access.
Coyle said the Council recently approved the vacation of a portion of Auditors Road. Coyle said
Auditors Road is a constructed and heavily used roadway versus Juniper Lane which has not been built
nor used and is not a detriment to the City. Farrell said to use the 1909 plat of the right of way as an
example of a road doesn't comply with present road requirements and is a legally suspect argument.
Salazar said the Council will entertain public comments. Salazar opened a public hearing at 7:15 p.m.
Father Peter Richards, 2385 Commerce Blvd., Our Lady of the Lake Church (OLL) Pastor, propose that
letter from St. Paul to Timothy says we should pray for those in authority and he offered a short prayer.
Richards offered a prayer to the Council to give them wisdom and discernment in this decision and in
all of their decisions they make and not to benefit any group of people or individual.
Richards said previous comments and letters are on record and he wanted to make sure the City has
OLL trustee John Biglow's letter to the City which mentioned a commissioned study on traffic and
encouraged further traffic studies. Richards said OLL's top concern is traffic and safety. Richards
noted the high traffic volume coming in and out of Auditors just to the west of Commerce Blvd. during
weekday drop off and pickup of OLL students.
Cindy Notch, from Morningview Drive in Minnetrista, said she wanted to talk about the map she
presented to Council and she wanted to know if the Council saw the map of the lake easement by
Northland Mound. Notch said she is curious about the 24 properties in Lynwold Park being notified and
Hoversten said the public notice of the project is being addressed at the meeting. Salazar said the
receipt of the map of the easement proposed by Northland came to the City too late to be disseminated
to the Lynwold residents.
Notch said the right of way in the project area should go to the people living in the area who have the
right to the easement due to the number of years they have been paying taxes. Notch said Lynwold
residents have been paying taxes for decades and if the vacation of the right of way is not denied the
Council sets a terrible precedent. Notch said the project is not in the best interest of the City.
Notch added that the color -coded map she provided shows the access to the southern section of the
private parcels and those parcels don't have legal access to the easement at the west of the entrance
to the inland lots from Commerce. Velsor asked Gilchrist about the green colored properties on Notch's
map and if they truly didn't have the right to use the access easement. Gilchrist said he didn't review
the document or issue prior to the meeting.
Tom Notch, Minnetrista resident, said he has lived in the area of Mound for 38 years. Notch said the
positive revenue impacts of the project were grossly overstated. Notch said the Northland Mound
Mound City Council Minutes — September 13, 2022
applicant said the project would provide annual tax revenue of $300K to the City of Mound. Notch said
this isn't true and he has run the numbers. Notch said the total tax revenue would be about $224K
which would be split between the City, the School District, small taxing districts, and Hennepin County.
Notch said the revenue would be in the area of $75K to the City.
Notch claimed that the project would cause negative environmental problems and the northern portion
of the site has had fill added to it. Notch said the old oil business on the site will have a negative impact
on Lake Langdon. Notch said the aquafer could be affected and the DNR recommended denial and
Notch said there is no reason to let it go through.
Michele Herrick, 2630 Westedge, said she is concerned about Ms. Larson's comments about there
being proof of a deeded access easement. Herrick said the 1909 easement needs to require a court
order to end the easement. Herrick said the City has maintained a dock and commons program and
said the dock easement to Lake Langdon was established in the same order of the dock program.
Herrick said access to Lake Langdon is an amenity to the residents and why is this different from the
dock program.
Herrick claims that fill dumped into the area prevented access to the lake and her access, as a Lake
Langdon property owner, has been blocked and may be difficult to prove.
Velsor asked for the easement proposal from Northland Mound. Hoversten said he was handed this
information prior to the meeting. Velsor said the access will be a public easement to all of the City and
not just the Lynwold properties. Herrick didn't agree with Velsor noting it is difficult to get a boat into the
easement area. Velsor asked how boats are launched on Langdon now and Herrick said there is a
steep private area to launch boats and it is not a legal entry point. Herrick claimed the legal entry point
to Lake Langdon is the Juniper Lane platted right of way.
Pugh said the language on the property does not talk about lake access but only a dock and not an
access. Pugh said an access point is different. Pugh said the right of ways are platted roads that have
not been developed.
Herrick said Google earth and the University of Minnesota has aerial photos from the past which
showed a gravel road in the project area.
Herrick said the site was filled with five to seven feet of soil and the trucks from the oil company used a
gravel road.
Trapp showed an enlarged site plan of the easement access which Northland Mound proposed. Trapp
presented the view of the area projected on the wall. Discussion ensued regarding the location of the
easement access which is in the area of Cottonwood Lane and that there is no boat launch in the area.
Hoversten said there wasn't a launch in the original title deed.
Salazar said Juniper Road has been filled in by an adjacent property owner and if there was an access
off of Juniper Road, we just don't know that.
Claudia Lacy, Minnetrista resident, who owns the 2529 Commerce Blvd. property on Lake Langdon,
said it is unfortunate that the easement from Northland sent to the Council is dated today. Lacy said it
is unfortunate the 24 residents of the neighborhood had not been noticed earlier. Lacy said Lake
Langdon is a community asset and even though the easement hasn't been used it was a former Mayor
who took it away from the community and this is unfortunate. Lacy said this was a person in power and
Mound City Council Minutes — September 13, 2022
to do this does not feel good. Lacy said no one wants an apartment building on the property and taking
away access sets a dangerous precedent.
Mary Davis, 3021 Inverness Lane, asked the Council what is the meaning of "perpetuity". Davis said it
is very nice that Farrell takes away property and then gives it back. Salazar read a definition of
"perpetuity" which he pulled up on his phone.
Davis said if there needs to be a court order to determine the lake access then it must exist. Gilchrist
referenced his comments at the April 26, 2022 Council meeting that the Council is not in the position to
determine if the easement exists. Gilchrist added if the project is approved this is something Northland
Mound would have to determine with the lot owners of Lynwold Park.
Davis said there is a print out of what was said on the 26th of April at the Council meeting. Davis said
she would like talk about what Larson said at the meeting on the 26th about Haugo Geotechnical
Services and the origin of the topsoil which appears to be from grading activity which occurred on the
site. Davis read from the minutes that Haugo recommended the fill, which is five to seven feet deep, to
be removed and replaced. Davis claims the fill of the lot was done to quiet down the neighbors and not
allow access.
Nancy Paulson, 5860 Lynwood Blvd., said one thing which bothered her at previous meetings she
attended was that people come to meetings who are against something. Paulson she has come to
meetings in the past to not just say no. Paulson said she is on the "no" side and Lake Langdon is just
gorgeous especially when the leaves turn. Paulson said she would hate to walk past a building and not
the nature and trees. Paulson said her neighbors don't follow what happens at Council meetings.
Pugh asked Paulson how she gets to Langdon Lake. Paulson said she enters at the `S' curve at
Lynwood, takes Cottonwood Lane over the Dakota Trail and then takes the dirt trail to the lake.
Paulson said this is the common way people of the neighborhood get to Langdon.
Kathy McEnany, 6049 Ridgewood, said to Gilchrist that he referenced 24 people but McEnany said
there is deeded access to Lake Langdon for Lynwold Park and is a common access on the original
legal document. Gilchrist said it is not up to the Council to decide this matter but there are references
in the conveyances of the lots. Gilchrist said these conveyances are to be limited to the right to use
jointly and in common with any persons residing or owning the lots of Lynwold Park for a private boat
dock over the open waters of Lake Langdon.
Gilchrist said it is written on the title there is a private easement over lot 18 to owners and occupants of
Lynwold Park for boat docking purposes. Gilchrist said there have been references by people present
that there is a grant to the general public for access. Gilchrist said the easement is not to the general
public but to the lots in Lynwold Park to the use Lake Langdon for a boat dock.
Gilchrist said the issues of the passage of time and lack of use are ultimately something the parties
subject to the easement need to resolve in court.
Salazar said the Council oversees things for the good of the City and sees this as a borderline take.
Jim Meyers, who owns two properties to the east of the project on Commerce Blvd., said he is not tied
in to the property. Meyers said as a land owner to the east of the project he has not seen how the
traffic will go through the area. Meyers said his business has a lot of parking and is concerned about
snow removal. Meyers said his parking lot nearly fills up with trail users parking in his lot.
Mound City Council Minutes — September 13, 2022
Meyers said where will the overflow parking happen, where will the snow go and will their lot be used
for overnight parking. Meyers said his property is the spot to park. Meyers said he assumed traffic
would come from the north to the proposed project.
Trapp projected the Northland parking plan document. Discussion ensued about traffic through the
area. Meyers said he doesn't know where the snow is going to go.
Jason Zattler, St. Bonifacius resident, property owner of 2345 Commerce Blvd., said he never got the
document from Northland Mound regarding the Langdon easement. Zattler said what is the reason for
the easement; just to walk to the lake or an access point to use Lake Langdon? Salazar read from the
Northland Mound document which was amended into the agenda which stated there is a grant of a
perpetual public easement to Lake Langdon which is a clear, undisputed, access point.
Velsor said Gilchrist said the lot owners had access to a dock which does not exist anymore and it says
the dock goes through lot 9 which is privately owned. Gilchrist said the original easement was for the
benefit of the lots within the adjacent plat for the dock purpose. Gilchrist said the proposed Northland
Mound Lake access easement would be an easement to the general public to be held in trust by the
City. Gilchrist added this easement is for the public to gain access to the water and the law presumes
for the use of the Lake.
Zattler said there is an easement for the public use in a parcel which the City owns. Zattler said this
was set up when the development was put together. Zattler said the parcel in the plat was to be used
just for viewing of the lake at the parcel. Zattler said this parcel is owned by the City and is at the
southwest edge of the proposed project.
Zattler said the City is giving away land that is reserved for viewing of the lake and he is disappointed in
this process and is really angry at the City Attorney.
Gilchrist said in response to the comment of an undisclosed viewing area dedicated on the original plat
that this doesn't exist in the original plat. Gilchrist said what does exist in the original plat are the two
platted roads which are proposed for vacation and those were dedicated to the public. Gilchrist said
the City holds the easement and the Council decides what to do with the easement.
Margie Saatzer, 2625 Westedge Blvd., asked if the Hennepin County Rail Authority has granted
permission for the access to cross the trail. Salazar said there isn't a launch proposed for the
Northland access easement and it is up to the Three Rivers Park District to grant access. Gilchrist said
he has no idea if there has been a conversation with the Three Rivers Park District but anyone of the
public can use the trail and if there is an easement access dedicated to the general public, anyone can
go there.
Pugh said isn't there snowmobilers who go over the trail to Lake Langdon. Hoversten said there is an
existing snowmobile crossing agreement in place there. Salazar said if there is an existing agreement
for snowmobiles to cross then pedestrians should be allowed.
Holt asked about 1909 plat and rights to a boat dock and whether people had Kayaks or row boats on a
trailer at that time. Holt said this might be an access but Northland's access is not what was intended
in the 1909 plat. Velsor asked if Holt wanted to put in a launch on Lake Langdon. Velsor said there are
lots of lakes in the state in which people would have to go over private land to get to the lake which is a
public entity.
Mound City Council Minutes — September 13, 2022
Salazar said there was a road in the project site which was filled in and permits were not obtained and
we understand why the road was filled in.
Scott Gates, 4363 Wilshire Blvd., said PC has reviewed the Northland proposal twice and
recommended approval. Gates said Northland made the improvements requested by Council and
Northland did as instructed and their proposal was approved by Council on April 12t". Gates said the
dock access easements were presented at the last minute at the April 26t" Council Meeting and it will
be a court decision to determine easement rights.
Gates said Gilchrist mentioned the Marketable Title Act and added conflicts between property owners
and challenges can be made in court and the Council shouldn't be in the middle of this fight.
Gates said the Marketable Title Act states that after a certain amount of time rights can be extinguished
when the property is not used. Gates added that Northland is confident based on their title company's
title search that the dock rights are extinguished.
Gates said that Council Member Larson recused herself prior to April 26 and that against the advice of
the City Attorney declared she was going to vote on the 26th. Gates said Ms. Larson lives in Lynwold
Park and is a beneficiary.
Gates said there was no real legitimate reason to vote this down noting Northland spent a lot of money
to meet the requests for improvement by the Council. Gates said the only realistic issue is the right of
way vacation.
Gates said the developer has created an easement for general public use and is an expansive position
to take. Gates said the public has never used the easement and he has looked at twenty aerial
pictures starting from 1937 and over many years none show any use of the lake. Gates said the aerial
photos did show a road which accessed the storage area of the business but no access to the lake.
Gates said there is no evidence that the right of ways were used for access to the lake and there is no
realistic access to the site.
Gates said the bigger idea is the idea this is a hidden treasure to access the lake noting there is
another public access to the lake at Veteran's Park. Hoversten said there is access to the lake with a
public dock and the public can walk up to the lake at Veteran's Park.
Gates said there has been soil testing and traffic studies and any correction has to be made by the
developer.
Farrell said Northland Real Estate Group appreciates the comments and looks to build projects in
communities who care. Farrell added there is a ripple effect and these are the communities we want to
be part of.
Farrell said he would like to address the alleged easement which references the dock. Farrell said the
easement does not allow the beneficiaries of the dock to reconstruct the dock and in 1956 the dock was
deemed not to exist. Farrell said he would like to make clear the access easement Northland Mound
proposes is a pubic easement and this will be in the hands of the City to govern and maintain. Farrell
said Northland's access easement is a gesture of good faith to the City and to use it as you see fit.
Beth Frye, resides in Minnetrista and owns a property in Mound, said her main concern is about traffic
on Commerce Blvd. and the access and safety of children. Frye said she is concerned about
Mound City Council Minutes — September 13, 2022
carpooling, buses and snow removal. Frye said her second concern was the increase in high density
residential and how this project works with the 2040 Comprehensive Plan (Comp Plan).
Salazar asked about the Comp Plan and Hoversten said there are growth expectations by the
Metropolitan Council and to meet those requirements the City is allowed to increase density in certain
areas as established in the Comp Plan.
Trapp said if you look at the land use table and any plan which may reduce the high density in certain
areas is transferred into the mixed -use area for more high density. Frye said what kind of demographic
is going to rent an apartment when there are small children in the area.
Trapp said the land use plan for the City said there is 1.41 % of the City which is multi -family. Trapp
said there isn't much land which can accommodate multi -family left in the City so the City created
mixed -use areas which can include high density housing.
Farrell said these are high amenity units and the target market is high end and will attract adult
professionals and people who want to stay in the community after selling their property. Farrell said the
rental rates will be $1500 to $3000 per unit.
Joe Bruns, 2630 Setter Circle, asked about snow removal and where the snow will go. Bruns said the
Mayor said at a previous meeting that you don't mess with churches, children and schools.
At 8:43 PM Salazar closed the public hearing.
Salazar said it is good to hear from our constituents and their concerns and comments. Salazar said
the Marketable Title Act was mentioned and the easement being extinguished was mentioned. Salazar
said this isn't true and there should be court records of it being extinguished.
Gilchrist said this is a legal position which will be borne out by the courts. Gilchrist added, what has
been said at meetings is the Council is not in the position to determine the status of the easement.
Salazar said instruction to Northland Mound was to get an agreement with OLL and there is no
approval by OLL. Salazar said the access easement to the lots west of Commerce Blvd. is a private
road and is owned by the owner of the Paddle North building. Salazar said Paddle North grants access
to others for its use. Salazar said he couldn't ever vacate right of way going to water. Salazar said
you don't vacate right of way to water and it is a taboo in this town and in Minnesota. Salazar said
there was a dock in 1909 on Langdon and there was a comment the dock is no longer there and cannot
be replaced and Salazar said he didn't recall that the dock couldn't be replaced.
Gilchrist read a reference which speaks to a private easement for boat docking purposes and this
question is beyond the scope of the Council to determine.
Salazar said he has concerns about traffic coming in and out on the private easement when it is busy
with parishioners, parents and children. Salazar reiterated there wasn't an agreement with OLL and
didn't see safety measures in the traffic plan. Salazar said the Northland Mound project is not in the
best interest of our City. Salazar encouraged other Council members to express their opinion.
Velsor said the things he is seeing are the easement and the traffic. Velsor said the proposed
easement takes away the ambiguity of access to the lake rather than the original plat and is a great
proposal to put forth.
Mound City Council Minutes — September 13, 2022
Velsor said he did a study of traffic created from a much larger building and he doesn't believe traffic is
that big of an issue with this proposal. Velsor said traffic at the site is related to school drop off and pick
up time and is not a real issue at the proposed development. Velsor said people won't be leaving the
building at the same time and people travel home at different times and he does not see this as a
hurdle and the issue has been erased for him.
Pugh said she has spent a lot of time listening to constituents and went on her own to study the OLL
site. Pugh said she observed traffic at 8-9:00 a.m. on the first day of school and counted 45 cars
coming into the school. Pugh said the parking lot was 3/ full by 8:00 a.m. noting no more than three
cars were coming in at a time and she observed cars passing each other with no trouble.
Pugh said buses came in to the site from the north side of the access to the area and it seemed to
work. Pugh said traffic is not an issue and traffic will not be overwhelming or dangerous. Pugh said
she thought of the public benefit and the potential for development to benefit the City. Pugh said if the
City retains the easements on the lots the site will never be developable. Pugh said would the City ever
improve the streets in the area? Pugh said they would not be a priority as the streets at the site don't
really connect with any other streets.
Pugh said she went to the area of the potential public easement proposed by Northland adding that
when she walked the Dakota Trail you won't really see much of the development due to the foliage at
the site.
Pugh is concerned about the fears of low-income housing expressed by the public as market -rate
housing is not low-income housing. Pugh added that this development is market rate and upscale.
Pugh said people questioned whether the Artessa project was going to work and it is oversold and
market rate and is an option for people to move into a new housing situation.
Pugh said the easements on the site need to be removed to allow for any development to occur on the
site.
Holt said the discussion on the project began in January and the Council became aware the project
was coming in December. Holt said one of the things he said was the development was big. Holt said
he drove his kids down to Buck Hill and to a large apartment complex near Buck Hill.
Holt said he is concerned about crosswalks in the city and having a right turn access at the trail is
tough. Holt said he sat at the traffic easement and could go either way on impact to traffic in the
easement and added that developments in Minnetrista will also be adding to Mound's traffic.
Holt said Auditors is being shut down and that is a problem.
Holt said are we taking away rights to home owners if there is something there for access. Holt said he
hopes there will be development there but the project is still too big and is not what we need in this
town and he can't get behind it.
Salazar made a comment regarding the Marketable Title Act and read from the document presented to
the Council today from Northland. Salazar read from the document regarding the public lake
easement as a purported easement for access to an existing dock and the document didn't authorize
the construction of a dock, the dock doesn't exist and therefore the easement relating to the dock is
terminated. Salazar said this is painted with a broad brush. Salazar said there is not any
documentation to show that the easement is extinguished.
Mound City Council Minutes — September 13, 2022
Salazar said he only received one positive comment on the development, from Scott Gates, but all
others were opposed. Salazar said his job is to serve his citizens and he listens to the citizens, the
taxpayers. Salazar said the PC checks boxes and is appointed by the City Council and serves at the
pleasure of the Council. Salazar reiterated that the PC looks at issues like they are in a text book and
says does it fit in here, check, check, check, and while the development checked all the boxes you
really need to address the ingress and egress. Salazar said he said there was no agreement with the
church who is not in favor of the project. Salazar added only one person was in favor of this project,
that's it.
Resolutions denying development applications:
MOTION by Salazar, seconded by Holt, to approve the resolution denying the proposed street
vacations.
Pugh said if this motion is to pass the statement to not get rid of the easement will stand as a
precedent. Holt and Salazar said this decision is in regard to this project and is not all encompassing.
Gilchrist said the street easement reflects a policy decision by the Council based on facts and
circumstances at a particular time and it reflects the decision that the statute puts on you which
specifically states that no vacation should be made unless it appears in the public interest. Gilchrist
said a vote now doesn't bind the Council to this decision going forward or impact a different decision
down the line.
The Council voted on the motion by a roll call vote. Velsor voted nay, Holt voted aye, Pugh
voted nay and Salazar voted aye.
Gilchrist said the motion fails for lack of a majority and this means the vacation has not been
approved nor has it been denied. Gilchrist said he suggested another motion and to have an
affirmative vote with a majority vote on one of the resolutions. Gilchrist said he recommends
consideration of the passage of one of the resolutions whether to approve or deny the
vacations. Gilchrist said if the vacations are not going to be approved, then a motion to
reconsider the vote on the resolution denying the vacations should be made by a
councilmember who voted against the resolution.
Salazar asked the Council to make a motion to reconsider their vote. Velsor said he would vote
to reconsider the motion to clean this up. Velsor made a motion, seconded by Pugh, to
reconsider the vote on the resolution to deny vacation.
MOTION by Velsor to reconsider the vote on the resolution denying the vacations, seconded by
Pugh. Upon a roll call vote, all voted in favor.
MOTION by Salazar, seconded by Holt, to approve the following resolution. Upon a roll call
vote, all voted in favor. Motion carried.
A. RESOLUTION NO. 22-80: RESOLUTION DENYING THE REQUESTED
STREET VACATIONS RELATED TO DEVELOPMENT OF THE PLAT OF
NORTHLAND MOUND PLANNING CASE 21-18
MOTION by Salazar, seconded by Holt, to approve the following resolution. Upon a roll call
vote, all voted in favor. Motion carried.
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Mound City Council Minutes — September 13, 2022
B. RESOLUTION NO. 22-81: RESOLUTION DENYING NORTHLAND REAL
ESTATE GROUP ZONING APPLICATIONS PLANNING CASE 21-18
Resolutions approving development applications:
The following five resolutions were not acted upon by Council due to the two resolutions voted
on to deny the street vacations and zoning applications in Resolution No. 22-80 and Resolution
No. 22-81.
A. APPROVAL OF RESOLUTION NO. 22- _RESOLUTION APPROVING
THE REQUESTED STREET VACATIONS RELATED TO DEVELOPMENT
OF THE PLAT OF NORTHLAND MOUND
PLANNING CASE 21-18
B. APPROVAL OF RESOLUTION NO. 22- RESOLUTION GRANTING
PRELIMINARY PLAT APPROVAL FOR NORTHLAND MOUND
PLANNING CASE 21-18
C. RESOLUTION NO. 22- : RESOLUTION GRANTING APPROVAL OF
A CONDITIONAL USE PERMIT FOR A PLANNED UNIT DEVELOPMENT
IN A SHORELAND AREA FOR NORTHLAND REAL ESTATE GROUP
PLANNING CASE 21-18
D. RESOLUTION NO. 22- : RESOLUTION APPROVING A PUBLIC
LANDS PERMIT FOR USE OF PUBLLIC PROPERTY FOR NORTHLAND
MOUND PROJECT PLANNING CASE 21-18
E. RESOLUTION NO. 22-_: RESOLUTION APPROVING SALE OF CITY
PARCELS TO BE CONSISTENT WITH THE 2040 MOUND
COMPREHENSIVE PLAN PLANNING CASE 21-18
7. Information/Miscellaneous
A. Comments/reports from Council members/City Manager:
Hoversten added:
• Special Meeting Workshop on October 181h at 6:30 to discuss additional budget items
and other administrative services items
• November 8th meeting has been rescheduled for November 9th due to the General
Election
• Hoversten said the MFMM is ongoing and the Incredible Festival is this coming weekend
• Salazar said he attended the Running of the Bays event on Saturday.
B. Reports: Liquor Store — August 2022
C. Minutes:
D. Correspondence: WeCAN Golf Tournament Thank you
MN Water Assistance Program Flyer
8. Adjourn
ACTION by Velsor, seconded by Pugh, to adjourn at 9:19 p.m. All voted in favor. Motion
carried.
ui
Mound City Council Minutes — September 13, 2022
/ Mayor Raymond J. Salazar
l ,-P
Attest: Kevin Kelly, Clerk
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