1999-10-12MINUTES - CITY COUNCIL - OCTOBER 12, 1999
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesday, October 12, 1999, at 7:30 P.M., in the Council Chambers at 5341 Maywood
Road, in said City.
Those present were Mayor Pat Meisel, Councilmembers: Andrea Ahrens, Bob Brown,
Mark Hanus, and Leah Weycker. Also in attendance were City Attorney John Dean, Acting
City Manager Fran Clark, City Planner Loren Gordon, City Engineer John Cameron, and
Secretary Sue McCulloch. The following interested citizens were also present: Kim
Anderson, Marshall Anderson, Beverly Barkley, John and Kristin Beise, Martin Carlsen,
Jane Carlsen, Tom Case, Dean Ehlebracht, Wayne E. Ehlebracht, Mary Elliott, Tom Elliott,
Lorrie Ham, Jon Haulton, Barb Johnson, Brian Johnson, Robert Johnson, Mark Kelly,
Richard Lillehei, Rod and Ginny MacCharles, Peter C. Meyer, Jackie Meyer, Pat Murphy,
Sheila Murphy, Tom Murphy, Dave Moore, James Steffen, Julie Steffen, and Christine
Swansen.
*Consent Agenda: All items listed under the Consent Agenda are considered to be routine by
the Council and will be enacted by a roll call vote. There will be no separate discussion of
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.
OPEN MEETING - PLEDGE OF ALLEGIANCE
The Mayor opened the meeting and welcomed the people in attendance. The Pledge of
Allegiance was recited.
APPROVE AGENDA AND CONSENT AGENDA
Mayor Meisel stated she would like to add on the agenda Items 6A and 6B. Item 6A will
involve an Executive Session to take place at the end of the public hearings and 6B will be
discussion of EDC's recommendations for a new name for Auditor's Road.
MOTION by Brown, seconded by Hanus, to approve the Agenda and Consent
Agenda with the additions of 6A and 6B. A roll call vote was unanimously in
favor. Motion carried. 5-0.
CONSENT AGENDA
*1.0 APPROVE MINUTES OF SEPTEMBER 21, 1999, COMMITTEE OF THE
WHOLE MEETING.
MOTION.
Brown, Hanus, unanimously.
733
MOUND CITY COUNCIL MINUTES - OCTOBER 12, 1999
*1.1
APPROVE MINUTES OF SEPTEMBER 28, 1999, REGULAR MEETING.
MOTION.
Brown, Hanus, unanimously.
'1.2
CASE//99-34: VARIANCE; FRONT YARD SETBACK; TO CONSTRUCT A
NEW DECK AT 4640 ISLAND VIEW DRIVE; BLOCK 3, LOTS 16 AND 17,
DEVON; PAMELA WEATHERHEAD, 37870, PID# 30-117-23 22 0019.
RESOLUTION//99-87:
RESOLUTION TO APPROVE A FRONT
YARD SETBACK VARIANCE TO
CONSTRUCT A DECK AT 4640 ISLAND
VIEW DRIVE, BLOCK 3, LOTS 16 AND 17,
DEVON, PID# 30-117-23 22 0019, P & Z
CASE//99-34, 37870.
Brown, Hanus, unanimously.
· 1.3 CASEg 99-37: VARIANCE; LOT SIZE AND STREET FRONTAGE; TO
CREATE A BUILDABLE PARCEL AT 17XX WILDHURST LANE; BLOCK 13,
LOT 1, SHADYWOOD POINT; DAVID AND CAROL BABLER, 61980, PID#
13-11%24 14 0017.
RESOLUTION g99-88:
RESOLUTION TO APPROVE LOT SIZE
AND STREET FRONTAGE VARIANCES TO
CREATE A BUILDABLE PARCEL AT
BLOCK 13, LOT 1, SHADYWOOD POINT,
PID# 13-11%24 14 0017, P & Z CASE//99-37,
61980.
Brown, Hanus, unanimously.
· 1.4 SET DATE FOR PUBLIC HEARING ON THE ADOPTION OF BUSINESS
SUBSIDY CRITERIA FOR SUGGESTED DATE OF DECEMBER 14, 1999.
'1.5
MOTION.
Brown, Hanus, unanimously.
SET DATE FOR PUBLIC HEARING ON THE MODIFICATION OF
DEVELOPMENT DISTRICT NO. 1 AND THE ESTABLISHMENT OF TAX
INCREMENT FINANCING DISTRICT NO. 1-2 (A REDEVELOPMENT
DISTRICT) (SUGGESTED DATE OF DECEMBER 14, 1999).
MOTION.
Brown, Hanus, unanimously.
MOUND CITY COUNCIL MINUTES - OCTOBER 12, 1999
'1.6 RESOLUTION AUTHORIZING A TAX RATE INCREASE FOR THE 1999
TAX LEVY, COLLECTIBLE IN 2000.
RESOLUTION g99-89:
RESOLUTION AUTHORIZING A TAX RATE
INCREASE FOR THE 1999 TAX LEVY,
COLLECTIBLE IN 2000.
Brown, Hanus, unanimously.
'1.7 APPROVAL OF BID FOR CBD SNOWPLOWING.
RESOLUTION #99-90:
RESOLUTION APPROVING THE BID FOR
CBD SNOWPLOWING
Brown, Hanus, unanimously.
'1.8 APPROVAL OF WATER AGREEMENT BETWEEN THE CITIES OF
MINNETRISTA AND MOUND FOR THE INTERCONNECTIONS OF THEIR
WATER SYSTEMS.
RESOLUTION g99-91:
RESOLUTION APPROVING WATER
AGREEMENT BETWEEN THE CITIES OF
MINNETRISTA AND MOUND FOR THE
INTERCONNECTIONS OF THEIR WATER
SYSTEMS.
Brown, Hanus, unanimously.
'1.9 CASE #98-51: APPROVAL OF ANOTHER ONE YEAR EXTENSION UNTIL
OCTOBER 14, 2000 FOR RESOLUTION//97-106, APPROVED ON OCTOBER
14, 1997, THAT WAS GRANTED A ONE YEAR EXTENSION BY
RESOLUTION//98-101, ON SEPTEMBER 22, 1998. (THIS REQUEST FOR
AN EXTENSION WILL BE BEFORE THE PLANNING COMMISSION ON
OCTOBER 11, 1999.
RESOLUTION #99-92:
RESOLUTION APPROVING ANOTHER ONE
YEAR EXTENSION UNTIL OCTOBER 14,
2000, FOR RESOLUTION g97-106,
APPROVED ON OCTOBER 14, 1997, THAT
WAS GRANTED A ONE YEAR EXTENSION
BY RESOLUTION//98-101, ON SEPTEMBER
22, 1998, WHICH WOULD EXPIRE ON
OCTOBER 14, 1999.
Brown, Hanus, unanimously.
MOUND C1TY COUNCIL MINUTES - OCTOBER 12~ 1999
*1.10 APPROVAL OF RESOLUTION AUTHORIZENG APPLICATION FOR THE
LIVABLE COMMUNITIES DEMONSTRATION PROGRAM.
RF_~OLUTION//99-93:
RESOLUTION AUTHORIZING
APPLICATION FOR THE LIVABLE
COMMUNITIES DEMONSTRATION
PROGRAM.
Brown, Hanus, unanimously.
*1.11 PAYMENT REOUF~T//4, AUDITOR'S ROAD IMP KUSSKE
CONSTRUCTION FOR $12,638.89.
MOTION.
Brown, Hanus, unanimously.
'1.12 BID AWARD - HALSTEAD LANE/WESTEDGE BOULEVARD STORM
SEWER IMPROVEMENT PROJECT.
RESOLUTION g99-94:
Brown, Hanus, unanimously.
RESOLUTION BID AWARD OF HALSTEAD
LANE/WESTEDGE BOULEVARD STORM
SEWER IMPROVEMENT PROJECT.
· 1.13 PAYMENT OF BILLS.
MOTION.
Brown, Hanus, unanimously.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
Councilmember Brown stated Representative Steve Smith wanted to be here tonight but was
called to an executive judicial hearing in St. Paul. Mr. Smith will be following the green
space issues closely. Councilmember Brown will inform Mr. Smith of tonight's meeting if
the meeting cannot be aired.
Mayor Meisel stated to the citizens present if they have comments on items not listed on the
Agenda to bring in front of the City Council, to please keep them to approximately three
minutes in length. Mayor Meisel also stated a number of the public present have spoken in
the past and the Council is well aware of your concerns, so she would like to hear new
concerns and comments from new citizens present.
MOUND CITY COUNCIL MINUTES - OCTOBER 12~ 1999
Wayne Ehlebracht, 4873 Shoreline Drive. Mr. Ehlebracht asked the Council if they have
come up with any ideas on how to save the green space. He asked if those Councilmembers
present who have any new ideas could speak at this time.
Mayor Meisel, as well as the other Councilmembers, ail agreed they have no other ideas or
comments at this time about saving the green space because they need to hear from the
developer.
Bob Johnson, 2928 Westedge Boulevard. Mr. Johnson stated he attended the recent school
board meeting. A member of the school board regretted not being able to attend tonight's
meeting but told Mr. Johnson to bring his concerns up to the City Council.
Mayor Meisel stated that no invitation was extended to the School Board to attend tonight's
Council Meeting because the League of Women Voters was holding a meet the candidates
meeting for persons running for the School Board on November 2, 1999.
Virginia MacCharles, 7041 Haistead Avenue. Ms. MacCharles is the agent that was
involved with the sale of the property to the developer. She spoke to the developer and they
are concerned about what the people of Mound would like done with the green space. Ms.
MacCharles stated if the City of Mound is willing to buy the 9 or 10 acres which include the
bail fields, the developer would be willing to sell the property to the City for what he paid
for it, $2.78 per square foot.
Pat Murphy, 2044 Bellaire. Mr. Murphy stated he heard the closing would take place on
December 15, 1999. He stated the property has not been sold yet.
Peter Meyer, 5748 Sunset Road. Mr. Meyer read from the City of Mound's Comprehensive
Plan concerning its recreation plan for the City. He cited a paragraph which said even
though ownership of the green space in question is owned by the school district, the City of
Mound should work with the school district to make sure the green spaces are used
appropriately.
Michael Mueller. Mr. Mueller commended the City for doing a good job regarding the
School District site. He stated the City offered the School District a fair price of $1.8
million.
Marshail Anderson, 5736 Lynwood Boulevard. Mr. Anderson stated he wanted to point out
to the Council that if the City would purchase the 9-10 acre site it would cost about 1.25
million dollars which is less than what the petition states. He stated this would be a good
deal for the City.
Kim Anderson, 5736 Lynwood Boulevard. Ms. Anderson told the Council that the petition
currently has severai hundred signatures on it. She stated she would like to encourage the
Council to respect what the public is telling them.
Mayor Meisel stated she was elected to do the best for ail residents concerned. She stated
that park space is important, but there are aiso citizens in the City of Mound who are
concerned about how this acquisition would increase their taxes.
MOUND CITY COUNCIL MINUTES - OCTOBER 12~ 1999
Brian Johnson, 2928 Westedge Boulevard. Mr. Johnson recited a poem he wrote in his
elementary days about the pride he has in the green space in question.
1.14 PUBLIC HEARING: ASSESSMENTS:
Ae
DELINQUENT WATER AND SEWER BILLSi UNPAID TREE REMOVAL
BILLi AND UNPAID GARBAGE REMOVAL BILL.
The Acting City Manager stated the delinquent utility bills has decreased from $118,586.51
when letters were sent out to $87,402.83 as of today.
Mayor Meisel stated a citizen of Mound, who is a summer resident and winters in Arizona,
has a delinquent sewer bill because his pipes burst last winter while he was in Arizona. He
is disputing this charge. This matter has been discussed thoroughly with the citizen and the
Acting City Manager. There was a leak in his pipe and the public works department stated
the amount of water that was lost is equivalent to emptying a water tower and it all went
down the sanitary sewer. It did not spill out of the house.
Mayor Meisel stated the public works department did not feel crediting anything back to the
citizen on the sewer charges was appropriate. Mayor Meisel stated the water portion has
been paid.
Councilmember Ahrens sympathized with the citizen, but indicated he should have had
someone check on his home while he was in Arizona. Also, if he does not pay this sewer
charge does he feel it appropriate to have it distributed amongst everyone else in town.
Councilmember Ahrens asked if his insurance company would cover the problem and they
will not.
Councilmember Hanus also empathized with the citizen, but noted that liability exists with
owning a home and this is a perfect scenario.
The Acting City Manager stated a payment plan cannot be worked out anymore, but the
citizen did have ample opportunity previous to tonight's meeting to pay the amount off and
has until November 12th if he wishes.
Mayor Meisel opened the public hearing at 8:01 p.m.
John Haulton, 4900 Bartlett Boulevard. Mr. Haulton was requesting the approximate $1,200
sump pump charges be deducted from his bill. Mr. Haulton stated he was notified by the
City to have his sump pump inspected even though he did not have a sump pump. Mr.
Haulton never had the City come out and get his home inspected, so he was being charged
$100 per month until this was accomplished. He stated he made an error in ignoring the
letters from the City. When he called the City to see how he could get this removed from
his bill, the staff at the City informed him to get his house inspected. Finally, he did get his
house inspected in August, 1998, (over one year has now passed) and since he says he finally
MOUND CITY COUNCIL MINUTES - OCTOBER 12, 1999
complied with what the staff requested of him, he would like this delinquent bill removed.
The Acting City Manager stated this was assessed last year so it cannot be removed.
Councilmember Ahrens stated every single house received a letter from the City to call and
make arrangements to have the basement inspected. The City did not want to single any
person out so this was mandatory for all citizens. The City enforced a $100 per month fee
to make the citizens of Mound get their inspection done in a timely manner as requested by
the City.
The City Engineer stated this was one requirement by Metro to have all the citizens' homes
inspected to be sure if there was a sump pump that it was discharging properly and not into
the sanitary sewer. If the City did not comply with this requirement, then the City would not
get the $40,000 grant money.
Mr. Haulton stated he does feel guilty for not complying in a timely manner to the request
from the City of Mound.
Councilmember Hanus stated the penalty is quite stiff, but it was meant to be a stiff penalty
to ensure the citizens of Mound would comply with this inspection.
Mr. Haulton felt that now that he has complied with the City, he should get a refund.
Councilmember Hanus stated there was no timely compliance by Mr. Haulton so he should
not receive a refund.
Councilmember Weycker asked that staff check and make sure Mr. Haulton has not been
charged anything since the inspection of his sump pump.
Mayor Meisel closed the public hearing at 8:19 p.m.
Councilmember Ahrens directed staff to take action on the delinquent bills presented tonight,
minus those that get paid by the deadline and Mr. Haulton's adjustments, if any.
MOTION by Ahrens, seconded by Hanus, to accept resolution of delinquent water and sewer
bills with changes as staff sees appropriate.
RESOLUTION//99-95:
RESOLUTION TO COLLECT DELINQUENT WATER
AND SEWER BILLS.
The vote was unanimously in favor. Motion carried. 5-0.
MOTION by Brown, seconded by Ahrens, to accept resolution to collect unpaid tree removal
bills.
RESOLUTION//99-96:
RESOLUTION TO COLLECT UNPAID TREE REMOVAL
BILLS.
MOUND CITY COUNCIL MINUTES - OCTOBER 12, 1999
The vote was unanimously in favor. Motion carried. 5-0.
MOTION by Brown, seconded by Hanus, to accept resolution to collect unpaid garbage bills.
RF~OLUTION/D9-97: RF~OLUTION TO COLLECT UNPAID GARBAGE BILLS.
The vote was unanimously in favor. Motion carried. 5-0.
1.15 PROPOSED ASSESSMENT: CBD PARKING MAINTENANCE.
Councilmember Hanus asked when this project would sunset and the Acting City Manager
stated June 30, 2000.
Mayor Meisel opened the public hearing at 8:20 p.m.
Mayor Melsel closed the public hearing at 8:21 p.m.
MOTION by Brown, seconded by Weycker, to accept resolution of CBD Parking
Maintenance.
RESOLUTION g99-98: RESOLUTION CBD PARKING MAINTENANCE.
The vote was unanimously in favor. Motion carried. 5-0.
1.16 NORWOOD LANE SUPPLEMENTAL ASSESSMENT.
The City Engineer stated when the original assessment hearing was held, was before the
project was done. He stated as we now can all see, this is a drawback of having the
assessments done before we know exactly the cost of the project. The City Engineer stated
the additional assessments were incurred because there was a problem with unstable material
and the sewer stub was the wrong size so it had to be replaced. The City Engineer stated
the current supplemental assessment is $15,500. The City Engineer stated the City would
now pay $8,500 and the $7,000 would be assessed as part of the street project to the citizens
in that location and the developer. The City Engineer stated the amounts to be
supplementally assessed are as follows:
$3,990 assessed to the Lynmore plat;
$430 per lot, for the remaining parcels, for the street portion.
The original assessment showed each owner in this area would be assessed $4,270 for sewer
and water and street improvements, but with the additional costs to the project, each owner
would be assessed a total of $4,700.
Mayor Meisel opened the public hearing at 8:25 p.m.
Dave Moore, represents Lynmore Plat and owns Lots 1 through 6. He stated when he
received his application from the City for building permits, there was no instructions given to
MOUND CITY COUNCIL MINUTES - OCTOBER 12, 1999
him to do any soil testing on the property. He stated he was aware Hard Drives owned the
property previous to him and they did do a soil test and it was not totally sound ground, but
some fill was brought in. Mr. Moore stated there was an evaluation done by City staff
which stated there was evidence in the topsoil of broken glass and fiber. Mr. Moore did not
know the extent of the poor soil. The City staff did state that further soil testing should
probably be done. Mr. Moore stated since then he has corrected the soil conditions and that
has cost him $18,000. Mr. Moore objected to the supplemental assessment.
The City Engineer stated the soil tests were supposed to have been done by Hard Drives, but
it appears the soil corrections were not done properly. It appears Mr. Moore is stating the
City's contractor took poor materials out from the street and put it on the lots prior to Mr.
Moore owning the lots.
The City Engineer stated he was present when the fill was put on Lots 1-6 and Mr. Moore
gave his permission to have the City's contractor put the fill on his lots because the lots
looked low. The City Engineer was originally going to truck this fill away.
Mr. Haulton did not understand why the project went over budget.
The City Engineer stated there was a high moisture content in the soil and another 18 inches
had to be taken out of the street, fabric put down and good fill on top of that. This
happened on the whole street. The City then had to pay for this unexpected expense and the
pipe cost.
Mr. Haulton stated it appears to him the testing on this project could have been done over
the previous years and he feels this is a City problem and the taxpayers should not have to
pay for this.
Wayne E. Ehlebracht, 4873 Shoreline Drive. Mr. Ehlebracht stated the Norwood residents
were only going to be assessed for sewer and water, curb and gutter, and blacktop. He
stated there was no agreement by the City and the residents that the subgrade was going to
be assessed to the residents. He felt this should be paid by the City.
Councilmember Hanus stated there was no discussion on subgrade work because it was not
known at that time that any was needed. Councilmember Hanus also stated the City did an
estimate on the assessments for the project the best they could before the project was
finished.
The consensus of the Council was that they would not do another assessment on a project
before the project is completed and all the costs are in.
The City Attorney stated the City's options are to approve the supplemental assessment as
presented, to refuse the proposed supplemental assessment or find some other way to pay for
the additional costs which have been incurred. The City Attorney stated the project costs
have already been paid by the City and now the City needs to recoup them by approving this
supplemental assessment. The Norwood property owners' options would be to challenge the
supplemental assessments presented tonight. They have 30 days after the City Council
approves the supplemental assessment to appeal to district court..
MOUND CITY COUNCIL MINUTES - OCTOBER 12~ 1999
Mayor Meisel closed the public hearing at 8:52 p.m.
The Acting City Manager stated there is always a chance when an assessment is made before
the project is done there may be additional assessments which occur because they are
unforeseen.
The City Attorney stated the reason the City assessed this project before it was completed is
the need of the subdivision and it made no sense to do the road for the subdivision until the
improvements were done on the road and utilities installed. It was necessary before we did
the project to have some sense of what it would cost in case the assessments would be
challenged. The advantage was to have the assessment hearing before the work is
commenced, have the 30 day appeal period run, and then know whether the amount was
going to be challenged before the project was finished. The risk of doing a project as above
is what has occurred, unforeseen additional costs and having to do supplemental assessments
which could be challenged by the people.
Weycker moved and Ahrens seconded the following resolution:
RESOLUTION g99-99
RESOLUTION APPROVING THE SUPPLEMENT
ASSESSMENT FOR NORWOOD LANE
The vote was four in favor with Brown voting nay. Motion carded.
Councilmember Brown stated the people at Norwood should not have to be held accountable
for the supplemental assessments.
The City Attorney stated the citizens in the Norwood development have 30 days to appeal the
City Council's decision in district court.
1.17 CASE//99-35. RESOLUTION TO DENY MINOR SUBDIVISION; TO CREATE TWO
(2) PARCELS FROM EXISTING ONEi LOTS 8 AND 20-22, BLOCK 8, THE
HIGHLANDSi 6033 CHERRYWOOD ROAD, RICHARD LILLEHEI, 61610, PID//23-
11%24 34 0011.
Gordon presented the case. Gordon stated the applicant is requesting a minor subdivision of
the property in question. He stated the bluff line runs through the property at the 988 feet
contour. This would mean that the existing residence is in the bluff and is nonconforming
according to Shoreline Management. Although, he stated the subdivision does not create a
nonconforming situation and meets all setbacks. Gordon stated any work proposed to the
home today or after the subdivision would require a variance. The current driveway will be
used to serve both homes and will be shared. A cross easement access will be needed to
secure Parcel A access across Parcel B. Gordon stated it does not appear there are any
other options to get access to Parcel A at this time. Staff would not allow a driveway from
Ridgewood for either parcel.
Gordon stated this subdivision went to Planning Commission twice. He stated it was tabled
?42
MOUND CITY COUNCIL MINUTES - OCTOBER 12~ 1999
the first time because there was lack of appropriate information and the second time the
subdivision was denied because of Ix>or planning and not having appropriate access for Parcel
A.
Gordon stated this subdivision is conforming to City code.
Gordon stated if the subdivision is approved, the following conditions should become a part
of the approval according to him and staff:
2.
3.
4.
5.
A final grading and drainage plan to be approved by the City Engineer at time of
building permit application.
Provide drainage and utility easements along all new lot lines, five feet wide on side
lot lines and ten feet in width along both street sides.
Provide access easements over the driveway area of Parcel B running in favor of
Parcel A.
The water service for Parcel B either be installed or some type of financial guarantee
provided, such as cash escrows or performance bond.
Accurately indicate the bluff line on the survey of record and the granting of a
variance to the required bluff setback.
Councilmember Brown asked Gordon if he would agree there was appropriate hardcover and
Gordon stated the hardcover is alright.
Councilmember Hanus stated that with the help of diagrams he reviewed the City code
regarding the bluff and found the four characteristics of a bluff are extremely vague, so it
would appear the applicant's request for a subdivision can be granted. The applicant is not
creating any new nonconformity with this subdivision.
Mayor Meisel also agreed the City code was vague.
Councilmember Hanus stated he does not approve of shared driveways, but there is no
reason for the City to deny the applicant's request.
Gordon stated there are two criteria for a bluff to be called a bluff. It has to have a rise of
25 feet anywhere within the bluff and it has be a 30 percent slope. Gordon stated there is a
gray area of where the bluff actually is on this subdivision. He stated the code was adapted
from the model State Shoreline Management Ordinance.
Councilmember Weycker questioned the driveway access. The City Attorney stated the
easement to allow Parcel A access onto Parcel B's driveway would occur with the
subdivision. He stated within the subdivision it would be stated the easement would be in an
unlocated area with access across Parcel B and at a later date and time the easement will be
exactly located.
Mayor Meisel opened the public hearing at 9:35 p.m.
Mark Kelly, Kelly Law Offices. Mr. Kelly stated he is the attorney representing Mr.
Richard Lillehei and wanted to make sure all Councilmembers received his correspondence
MOUND CITY COUNCIL MINUTES - OCTOBER 12t 1999
dated October 8, 1999. The Acting City Manager stated it was a handout tonight. He stated
it is his opinion that the applicant is meeting all requirements of City code and the minor
subdivision, by law, should be granted.
Richard Lillehei, 6033 Cherrywood Road. Mr. Lillehei stated he has owned the property in
question since August, 1999. He stated he has wanted to buy this property for 20 years and
when his friend finally put it up for sale, he bought it. He stated the property is very
beautiful. The existing house has a Cape Cod style. Mr. Lillehei stated one small birch tree
will be lost with the subdivision, but that is it. He stated the driveway will remain the same.
He stated he will be actively involved in the designing of the new house to fit the property.
He is very excited about the ownership of this property. Mr. Lillehei will see the project
through from beginning to the end.
Councilmember Ahrens asked if the driveway will stay exactly where it is now. Mr. Lillehei
stated it may be moved for access to the northwest to allow cars to pass.
Mayor Meisel closed the public hearing at 9:40 p.m.
MOTION by Ahrens, seconded by Hanus, to direct staff to prepare a resolution
for approval which includes staff recommendations numbers 1 through 5 as
mentioned above. The vote was unanimously in favor. Motion carried. 5-0.
Mayor Meisel stated this item will be on the Consent Agenda at the next City Council on
October 26, 1999.
Councilmember Brown suggested having Council discuss Item 6B before Item 6A.
1.18 EDC ROAD RENAMING.
There was discussion regarding the name "Park Place" chosen by EDC for renaming of
Auditor's Road. The work involved to reach a motion by the EDC was appreciated by the
City Council, but the consensus of the Council was not in favor of the name Park Place.
MOTION by Brown, seconded by Hanus, to ask the EDC for send back to EDC
their motion of the name "Park Place" and have other possible suggestions
forwarded back to City Council. The vote was unanimously in favor. Motion
carried. 5-0.
1.19 EXECUTIVE SESSION
The City Attorney explained the City Council would be discussing the City's strategy with
respect to the May 11, 1999, letter received from the school district. This letter states
claims against the City regarding matters arising out of the City's decision not going
forward with the community center development.
The meeting recessed at 9:50 p.m.
The City Council was called back into session at 11:00 p.m.
MOUND CITY COUNCIL MINUTES - OCTOBER 12t 1999
The results of the executive Session was to direct the City Attorney to prepare a draft letter
on behalf of the City setting forth the City's position on negotiations. After the letter has
been reviewed by City Council, it will be tendered to the school district.
INFORMATION/MISCELLANEOUS.
2.
3.
4.
5.
6.
7.
8.
Financial Report for September as prepared by Gino Businaro, Finance Director.
Planning Commission minutes from September 27, 1999.
POSC minutes of September 9, 1999.
DCAC minutes of September 16, 1999.
Quarterly Report from Police Chief, Len Harrell.
Letter from Tom Casey to Jim Fackler regarding the Comprehensive Plan.
EDC minutes of September 16, 1999.
Lake. Minnetonka Conservation District Board of Directors Agenda for Wednesday,
October 13, 1999.
On Monday, November 1, 1999, a COW meeting has been scheduled.
ADJOURNMENT
MOTION by Brown, seconded by Ahrens, to adjourn the meeting at 11:01 p.m.
The vote was unanimously in favor. Motion carried. 5-0.
Francene C. Clark, Acting City Manager
Attest: Council Secretary
PAYMliNI' BllJ~S
DATE:
October 12, 1999
BILLS
BAT£'II/!
AMOUNT
9o92
$95,778.36
TOTAL BILLS
$95,778.36