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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