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1999-10-26MOUND CITY COUNCIL MINUTES - OCTOBER 26t 1999 MINUTES - CITY COUNCIL - OCTOBER 26, 1999 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 26, 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, and Secretary Sue McCulloch. The following interested citizens were also present: Shirley Andersen, Deb Anderson, Kim Anderson, Marshall Anderson, Sheree Archie, Beverly Barkley, John and Kristin Beise, Brenda Berent, Dan Berent, Alex Blackwell, Connie Blake, John Bussie, Martin Carlsen, Jane Carlsen, Tom Casey, Sue and Steve Cathers, Tom Cathers, Micheal Chern, Stacy Cothers, Bob Dorfner, Dean Ehlebracht, Wayne E. Ehlebracht, Mary Elliott, Tom Elliott, Katie Flann, Kim Gabby, Laurel Gabby, David Greenslit, Lorde Ham, Jon Haulton, Robert W. Imes, Barb Johnson, Brian Johnson, Robert Johnson, Becky and Jones Jorgenson, Mark Kelly, Don Ketcher, Nancy Ketcher, Don Kohls, Jerry Kohls, Richard Lillehei, Tony Locken, Rod and Virginia MacCharles, Becky McVay, Eric Meisel, Peter C. Meyer, Jackie Meyer, Pat Murphy, Sheila Murphy, Tom Murphy, Dave Moore, Carol Perkins, Gary Petters, Collin Prouty, Steve Roberts, Jim Rumreich, Donna Saater, Jenny Scharland, Savana Scharland, Greg Severson, Ryan Severson, Toni Shaska, Eric Sharlow, Taylor Sherman, Shelly Shisman, Jo Sichender, Linda Skorseth, Samantha Skorseth, Martin Sulander, James Steffen, Julie Steffen, Christine Swansen, Jeff Thorson, Leo Uthecht, Kevin Walsh. *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 Councilrnernber 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 to the Agenda an Executive Session regarding the Woodland Point litigation after the Comments and Suggestions from Citizens. Councilmember Hanus requested Items A and D to be pulled from the Agenda. 768 MOUND CITY COUNCIL MINUTF_3 - OCTOBER 26, 1999 MOTION by Weycker, seconded by Hanus, to approve the Agenda and Consent Agenda with the removal of Items A and D and with the addition of an Executive Session. A roll call vote was unanimously in favor. Motion carried. 5-0. CONSENT AGENDA *1.0 CASE//99-35: RESOLUTION TO APPROVE A MINOR SUBDIVISION TO CREATE TWO (2) PARCELS FROM EXISTING ONE; BLOCK 8, LOTS 8-20- 21-22, THE HIGHLANDS; 6033 CHERRYWOOD ROAD; RICHARD LILLEHEI, 61610, PID #23-117-24 34 0011. RF~OLUTION g99-100: RESOLUTION TO APPROVE A MINOR SUBDIVISION TO CREATE TWO (2) PARCELS FROM THE EXISTING PROPERTY LOCATED AT 6033 CHERRYWOOD ROAD, BLOCK 8, LOTS 8- 20-21-22, THE HIGHLANDS, PID # 23-117-24 34 0011, P & Z CASE # 99-35, 61610. Weycker, Hanus, unanimously. *1.1 CASE//99-38: MINOR SUBDIVISION; TO CREATE TWO (2) PARCELS FROM EXISTING ONE; BLOCK 4, LOTS 1, 2, & ELY 12' OF LOT 3, THE HIGHLANDS; 5869 IDLEWOOD ROAD; LAURIE KARNES & DENNIS CARLSON, 61610, PID # 23-117-24 42 0099. RESOLUTION #99-101: RESOLUTION APPROVING A MINOR SUBDIVISION TO CREAT TWO (2) PARCELS FROM THE EXISTING LOT OF RECORD AT 5869 IDLEWOOD ROAD, LOTS 1, 2, & ELY 12' OF LOT 3, THE HIGHLANDS, PID # 23-117-24 42 0099, P & Z CASE # 99-38, 61610. Weycker, Hanus, unanimously. '1.2 RESOLUTION IN SUPPORT OF COOPERATIVE EFFORTS AMONG THE LAKE AREA CITIES TO MEET THE AREA'S HOUSING NEEDS. RESOLUTION g99-103: RESOLUTION IN SUPPORT OF COOPERATIVE EFFORTS AMONG THE LAKE AREA CITIES TO MEET THE AREA'S HOUSING NEEDS. Weycker, Hanus, unanimously. 769 MOUND CITY COUNCIL MINUTES - OCTOBER 26, 1999 '1.3 PAYMENT OF BILLS. MOTION. Weycker, Hanus, unanimously. 1.4 APPROVE MINUTES OF OCTOBER 12, 1999, REGULAR MEETING, Councilmember Hanus stated on page 3557, the first paragraph under 1.14 to be restated to read as follows: "Councilmember Hanus asked when this program would sunset and the Acting City Manager stated June 30, 2000." MOTION by Ahrens, seconded by Hanus, to approve the minutes as amended above. The vote was unanimously in favor. Motion carried. 5-0. 1.5 PUBLIC LANDS PERMIT. LANE HANSEN, 2057 ARBOR LANE. Councilmember Hanus referred to page 3580. He restated this issue involves an approval of a resolution that will allow an individual to do some improvements on City property at his own expense. Councilmember Hanus explained in the resolution there is a reference that the individual must improve an area using "native species" trees. Councilmember Hanus is concerned about making this section of the resolution so restrictive. He would like to strike this notation in the resolution to leave it open for other acceptable types of trees. Councilmember Weycker stated the fourth paragraph in the resolution should refer to the "Park and Open Space Commission" not the "Dock and Commons Commission." Tom Casey, a member of the park commission, stated the park commission deliberately put in the "native species" clause in the resolution. Mr. Casey stated this was disturbed property and the park commission felt they should recommend that the applicant replant the same species that was destroyed which was native species trees to the State of Minnesota. Mr. Casey would recommend keeping the restriction of planting "native species" trees in the designated area. "Councilmember Hanus, Councilmember Brown, Councilmember Ahrens agreed on removing the native species language and indicated they do not want to set a precedent by restricting applicants when they are using their own money to improve city property." Sutherland stated he would contact the applicant and inform him of the Council discussion regarding tree planting. MOTION by Hanus, seconded by Brown, to accept resolution approving a public lands permit with specific change to the fourth paragraph of the resolution as noted above. RESOLUTION//99-102: RESOLUTION APPROVING A PUBLIC LANDS PERMIT FOR LANE HANSEN FOR THE PARK ADJACENT TO 2057 ARBOR LANE, PART OF LOT 7, SKARP & 770 MOUND CITY COUNCIL MINUTES - OCTOBER 26, 1999 LINDQUIST'S RAVENSWOOD. The vote was unanimously in favor. Motion carried. 5-0. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. (PLEASE LIMIT THIS TO 3 MINUTES PER PERSON), Linda Skorseth, 5648 Alder Road. Ms. Skorseth stated she would like to submit a petition containing 102 pages with 830 signatures tonight to have the City act on it according to Minn. Stat. Sect. 205.10, subd. 1. Ms. Skorseth presented the petition to Mayor Meisel and she accepted it. The following persons supported keeping the ballfields on the School Distrist site: Wayne Ehlebracht, 4873 Shoreline Drive. Eric Sharlow, 2624 Westedge Boulevard. Peter Meyer, 5748 Sunset Road. John Beise, 6643 Bartlett. Pat Murphy, 2044 Belaire. Bob Dorfner, 4849 Glassgow Road. Jo Sichender, 3318 Fairview Lane. Becky McVay, 2999 Highview Lane. Deb Anderson, 6825 County Road 110 West. Brian Johnson, 2928 Westedge Boulevard. Gary Peters, 6200 County Road 26, Minnetrista. Greg Severson, 5636 Alder Road. Becky Jorgenson, 5758 Elm Road. Leo Uthick, 6825 County Road 110. Katie Flann, 5945 Sunset Road. Bob Johnson, 2928 Westedge Boulevard. The Council again told the residents that the property has a is sold and when, and if, the developer fails to follow through with the sale on December 15, then the property will be looked at again by the City. Linda Skorseth thanked the councilmembers for giving the citizens of Mound their time tonight. 1.5 EXECUTIVE SESSION: WOODLAND POINT LITIGATION. The City Attorney explained the Council would meet in closed executive session to discuss the pending Woodland Point Litigation. Councilmember Weycker was not in attendance at the executive session. The Council went into Executive Session at 9:40 p.m. The City Council returned from Executive Session at 10:05 p.m. The City Attorney stated that the Council has given him direction on how to proceed in this litigation. 771 MOUND CITY COUNCIL MINUTES - OCTOBER 26, 1999 INFORMATION/MISCELLANEOUS. AJ Financial Report for September as prepared by Gino Businaro, Finance Director. Quarterly report from Joel Krumm, Liquor Store Manager. C. POSC minutes of October 14, 1999. D. Letter from MCWD introducing Glenda D. Spiotta, Planner & Program Manager. E. FYI - Letters in this weeks Laker. Park and Open Space Advisory Commission Special Meeting Agenda for October 28, 1999, including attached Resolution to amend Comprehensive Plan. GJ Memorandum dated October 14, 1999, from Jim Strommen regarding progress with the NSP Tariff negotiations. H. Resolution to Ensure Access to Affordable Energy (undated). Minutes of the quarterly meeting of the Suburban Rate Authority of October 20, 1999. Letter dated October 22, 1999, from LMCD regarding rescheduling of the board meeting. K. Information regarding the 1999 Policy Adoption Conference for November 17, 1999. L. Letter dated October 24, 1999, from the Metropolitan Mosquito Control District. M. REMINDER: COW Meeting on November 1, 1999, at 7:30 p.m. Mr. Jim Prosser will be attending the November 1, 1999, meeting. Mr. Prosser will answer any questions the councilmembers have at that time. The Council has been instructed by Mayor Meisel to bring the information Jim Fackler put together regarding the docks. Councilmember Brown stated the Planning Commission will be going through the Comprehensive Plan page-by-page at the next Planning Commission meeting. The Council will get their recommendations by November 23, 1999. Mayor Meisel suggested the Planning Commission hold a special meeting to accomplish this page-by-page task because the November regular meetings will involve reviewing TIF. Staff was directed to set up a special meeting for the Planning Commission to discuss the Comprehensive Plan page-by-page. Councilmember Brown stated the Planning Commission reviewed the Park and Open Space Commission's Resolution to Amend the Comprehensive Plan and it was turned 772 MOUND CITY COUNCIL MINUTES - OCTOBER 26, 1999 down unanimously by the Planning Commission. Councilmember Brown stated paragraphs 1, 2, and 8 contained false statements. ADJOURNMENT MOTION by Ahrens, seconded by Brown, to adjourn the meeting at 10:30 p.m. The vote was unanimously in favor. Motion carried. 5-0. Francene C. Clark, Acting City Manager Attest: Council Secretary 773 PAYMENT BILLS DATE: OCTOBER 26, 1999 BILLS BATCH # AMOUNT #9101 $233,388.25 TOTAL BILLS $233,388.25