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2002-11-26MOUND CITY COUNCIL MINUTES NOVEMBER 26, 2002 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 26, 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, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, City Engineer John Cameron, Tom Stokes, Chuck Alcon, Peter Flom, Dave Newman, Rick and Susan Bloomquist, Michael Buelow, Al Jussim, Jim Dailey, Dean Lotter, Deb Grand, Ann Eberhart, Greg Pederson 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 Mayor Meisel called the meeting to order at 7:56 p.m. 2. PLEDGE OF ALLEGIANCE 3. APPROVE AGENDA MOTION by Osmek, seconded by Hanus to approve the agenda as presented. All voted in favor. Motion carried. 4. CONSENT AGENDA Meyer requested that item 4C be pulled from the consent agenda for discussion. MOTION by Brown, seconded by Hanus to approve the consent agenda as amended. Upon roll call vote taken, all voted in favor. Motion carried. A. Approve minutes of the November 12, 2002 meeting. B. Approve payment of claims in the amount of $510,437.13. C. (removed) D. RESOLUTION NO. 02-1'12: RESOLUTION APPROVING AN EXTENSION OF THE LICENSE AGREEMENT (#A14569) WITH HENNEPIN COUNTY REGARDING ELECTRONIC PROPRIETARY GEOGRAPHICAL DIGITIZED DATA BASE (EPDB) AND AUTHORIZING THE CITY MANAGER TO SIGN THE EXTENSION AGREEMENT. E. Approve on-sale 3.2 Beer and on-sale Wine licenses for Carbone's Pizzaria. F. ORDINANCE NO. 17-2002: AN ORDINANCE PLACING TEMPORARY LOCATION RQUIREMENTS ON ADULT USES IN THE CITY OF MOUND AND DIRECTING A STUDY TO BE CONDUCTED. G. Approve Change Order #3 for Post Indicator Lines on MetroPlains Development Project. H. RESOLUTION NO. 02-'1'13: RESOLUTION ADOPTING ASSESSMENT FOR IMPROVEMENT PROJECT 2002 (MOUND VISIONS 2ND ADDITION) - LEVY #15605 4C. PLANNING COMMISSION RECOMMENDATION Case #02-38: Tom & Tara Stokes - 5201 Waterbury Road - variance. Meyer stated that he wanted this removed from the consent agenda to state that this item is vote for approval of a variance, after staff and the Planning Commission recommended denial. Meyer continued by stating that Mr. Stokes is the president of Mound Renaissance, who has development rights to all of downtown Mound. Hanus suggested language change to the subject resolution. MOTION by Hanus, seconded by Brown to adopt the following resolution as amended. The following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. RESOLUTION NO. 02-111: RESOLUTION APPROVING A VARIANCE FOR A SIX (6) FOOT FRONT YARD FENCE AT 5201 WATERBURY ROAD, LOTS 1,2, & 3, BLOCK 19, WHIPPLE, HENNEPIN COUNTY, MINNESOTA. PID #25-117-24-21- 0058, P & Z CASE #02-38. 5. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA. None were offered. 6. REQUEST BY DEVELOPERS FOR DEVELOPMENT AGREEMENT EXTENSION Mayor Meisel stepped down for this discussion because she owns property in the Lake Langdon Redevelopment District. Acting Mayor Hanus presided. It was noted that discussion and background information for this item occurred during the HRA meeting earlier this evening. MOTION by Osmek, seconded by Brown to approve the extension of the Development Agreement of July 23, 2002 between the HRA, the City, and Mound Harbor Renaissance, LLC, until February 25, 2003. The following voted in favor: Brown, Hanus, Osmek and Meyer. The following voted against: None. Mayor Meisel did not vote. Motion carried. Mayor Meisel returned to preside over the rest of the meeting. 2 Mound City Council Minutes - November 26, 2002 7. LETTER OF UNDERSTANDING REGARDING FIRE SERVICE BETWEEN THE CITIES OF MOUND AND MINNETRISTA. Fire Chief Greg Pederson gave the history of fire coverage with regards to the City of Minnetrista. Dean Lotter, representing the City of Minnetrista, reviewed their present fire coverage and what changes will occur in the next year. MOTION by Osmek, seconded by Hanus to agree to the Letter of Understanding as amended. All voted in favor. Motion carried. 8. DRAFT #2 OF STREET ASSESSMENT POLICIES MOTION by Osmek, seconded by Brown to table this item until December 10th, SO that the City Engineer can gather more information. All voted in favor. Motion carried. 9. CHANGE ORDER #1 TO 2002 STORM SEWER IMPROVEMENT PROJECT City Engineer Cameron reviewed the request for change order #1. MOTION by Hanus, seconded by Brown to approve Change Order #1 for the 2002 Storm Sewer Improvements in the amount of $20,629, and approve the Easement Agreement with Hennepin County Regional Railroad Authority (Agreement #73-37522). All voted in favor. Motion carried. 10. INFORMATION/MISCELLANEOUS A. Correspondence: Mound Westonka Schools B. Newsletter: Metropolitan Council C. Newsletter: Hennepin County Sheriff's Dept. D. Report: Public Safety Facility E. Newsletter: Ehlers Advisor F. Correspondence: LMCD G. Newsletter: Xcel Energy H. Notice; met Council Infiltration and Inflow Meetings I. LMCC Dec 2002 calendar J. Letter: Gillespie Center K. Report: Finance Dept through Oct 2002 L. FYI: Correspondence with the City of Orono Attest: Bonnie Ritter, City Clerk 11. ADJOURN MOTION by Brown, seconded by Osmek to adjourn at 9:45 p.m. All voted in favor. Motion carried. Mayor Pat Meisel 3