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2003-08-26MOUND CITY COUNCIL MINUTES AUGUST 26, 2003 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 26, 2003, 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 Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, City Engineer John Cameron, Marry Sarenpa, John Steen, David Hanson, Carol Miletti, Michael Piepkorn, Catherine Veit, James Veit 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 7:35 p.m. 2. PLEDGE OF ALLEGIANCE 3. APPROVE AGENDA MOTION by Brown, seconded by Hanus to approve the agenda. All voted in favor. Motion carried. 4. CONSENT AGENDA MOTION by Brown, seconded by Hanus to approve items A,C & D. Motion carried. All voted in favor. MOTION by Brown, seconded by Hanus to approve item B. Upon roll call vote taken, the following voted in favor: Brown, Hanus, Osmek and Meyer. The following voted against: None. Mayor Meisel abstained from voting because the claims include a bill to the Central Business District, where she and her husband own property. Motion carried. Approve Minutes of August 12, 2003. Approve claims in the amount of $842,169.12. RESOLUTION NO. 03-75: RESOLUTION TO APPROVE THE RELEASE OF TAX FORFEITED PROPERTY 19-117-23-22-0128 TO ABUTTING PROPERTY OWNERS ONLY. APPLICANT: HENNEPIN COUNTY TAXPAYER SERVICES DEPARTMENT. Mound Council Minutes - August 26, 2003 RESOLUTION NO. 03-76: RESOLUTION ADOPTING LAND USE PLAN AMENDMENTS FOR CERTAIN PROPERTIES AS GUIDED BY THE COMPREHENSIVE PLAN. COMMENTS & SUGGESTIONS FROM CITIZENS ON ANY ITEM NOT ON THF AGENDA. None were offered. CONSIDERATION/ACTION ON CONSTRUCTION ADMINISTRATION SERVICES FOR THE LOST LAKE GREENWAY PROJECT John Cameron represented all firms listed in items A-D. He stated that these are estimates as far as total charges and all actual charges will be based on the time spent at the hourly rates provided in the proposals. MOTION by Brown, seconded by Hanus to approve the proposals in A,B,C & D, contingent upon funds being available in the Greenway budget. All voted in favor. Motion carried. A. HKGI Proposal for Construction Observation B. Ericksen Ellison & Associates proposal for electrical construction observation services C. Baird proposal for construction phase services D. MFRA proposal for construction management services 7. REVIEW/ACTION ON FLOODPLAIN ALTERATION PERMIT: MARTIN SARENPA, 5446 BARTLETT BLVD. Sarah Smith reviewed the application, stating that a year ago fill work was done without a permit resulting in this application for an after the fact permit to address placement of fill. She stated that the applicant has provided all of the information requested and needed and that staff recommends approval of the permit. Sarenpa informed the council that he has done a lot of work with Sarah, trying to be as cooperative as he can. He stated he was not aware that he was violating and rule and didn't know about the floodplain issue. Cathy & Jim Veit, 2563 Lost Lake Road, own the property to the north side of the subject parcel and stated they are against approval of this permit, that the work done has affected their property and the neighbor's property as well as the public park. Cathy stated that the fill added makes water that was previously absorbed, now sit on her property and the park. She cited MCWD Rule C and also that the applicant was told to stop work when originally doing the fill, and refused to do so. Concern over the trees in the area if fill were removed in the NE corner was also conveyed. 2 Mound City Council Minutes - August 26, 2003 David Hanson and Carol Miletti of 2583 Lost Lake Road, also are against having the permit granted, stating that the only solution is to remove all the fill that was illegally placed on the parcel. They also attested to the fact that the applicant was told to stop when he started the project, but continued the work anyway. They also expressed concern over the welfare of the trees in the area. Vic Potter, 5452 Bartlett, stated he's new to the area and an adjacent property owner. He was assessing the impact to neighboring property and reflecting the concerns of the Channel Town Association. The Council discussed the situation, expressing concern over the standing water and impact on the trees of abutting property owners. MOTION by Meisel, seconded by Meyer to deny the permit request and have applicant remove all fill illegally placed on the parcel. MOTION by Osmek, seconded by Brown to table until September 9, 2003, to give City Staff time to review the possibility of impact on trees of the neighbors, and find solutions to current drainage problems. All voted in favor. Motion carried. Osmek asked staff to research if double fees can be applied as applicant is requesting after-the-fact permit. It was also noted that the additional time of the City Engineer to research the drainage will also be charged back to the applicant. Smith informed concerned residents present that this item will be on the September 9th Council agenda, and no mailed notice will be given. 8. CONSIDERATION/ACTION ON SPECIAL JOINT WORKSHOP WITH PLANNING COMMISSION ON ADULT USE ORDINANCE MOTION by Osmek, seconded by Brown to set September 15, 2003, at 6:30 p.m. for a special meeting/workshop to discuss Council work ethics/practices, to be followed at 7:30 p.m. for a joint session with the Planning Commission to discuss the proposed adult use ordinance. All voted in favor. Motion carried. 9. INFORMATION/MISCELLANEOUS A. Report: Finance Department- July 30, 2003 B. Report: Harbor Wine & Spirits - Aug 2003 C. Minutes: Parks & Open Space Commission -Aug 14, 2003 D. Letter: LMC Strategic Plan E. Letter: LMC on Boltt Corporation claim F. CSAH 15 project schedule G. Update from Secretary of State H. Hennepin County Highlights I. Update: Mound Marketplace 3 Mound City Council Minutes - August 26, 2003 J. Report: Police Department- July 2003 K. LMCC Calendar- September 2003 L. Correspondence: Westonka Healthy Community Collaborative 10. ADJOURN MOTION by Brown, seconded by Osmek to adjourn at 8:39 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk May~)r Pat M~ 4