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2004-05-25MOUND CITY COUNCIL MINUTES MAY 25, 2004 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 25, 2004, 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 Rifler, Community Development Director Sarah Smith, Public Works Director Carlton Moore, City Engineer John Cameron, Jim Prosser, Roger Reed, Dave Beede, Monte Rude, Mike Specht, James Holmbeck, Steve Tibbetts 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 and Pled_cie of Alle_cliance Mayor Meisel called the meeting to order at 7:30 p.m. and the Pledge of Allegiance was recited. 2. Approve A~enda Meisel required the removal of item 3A from the consent agenda for discussion, and the addition of Item 6.1, Greenway Trail. Meyer requested that item 3G be removed from the consent agenda for discussion. Brown requested the addition of Item 8.1, Memorial Day. MOTION by Hanus, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 3. Consent A_clenda MOTION by Brown, seconded by Osmek to approve the consent agenda, with the exception of A and G. Upon roll call vote, all voted in favor. Motion carried. A. (removed) B. Approval of claims in the amount of $272,655.56. C. Approve Tree Removal and Treatment Licenses for Williams Tree Service and Gullickson Tree Service. D. Extend CBD Parking Program for one more year, until June 30, 2005. E. RESOLUTION NO. 04-65: RESOLUTION REAFFIRMING THE AUTHORIZATION OF CITY SPONSORSHIP OF STATE GRANT-IN-AID SNOWMOBILE TRAIL FUNDS Mound City Council Minutes - May 25, 2004 F. Reduction in the amount of letter of credit for Langdon Trails, releasing $38,973.00, leaving a balance of $27,594.00. G. (removed) 3A. Approve Minutes Meisel requested the removal of this item from the consent agenda to allow Hanus to recap the special meeting of May 18, 2004 between the HRA, City Council and Mound Harbor Renaissance Development, LLC, regarding dockage in the Lost Lake District. MOTION by Osmek, seconded by Hanus to approve the minutes from the May 10, 2004 special meeting workshop, the May 11 ,.2004 regular meeting and the May 18, 2004 joint City Council/HRA Meeting. The following voted in favor: Brown, Hanus, Osmek and Meyer. The following voted against: None. Mayor Meisel abstained from voting due to her absence at the May 18, 2004 meeting and that her and her husband own property in the redevelopment district. Motion carried. 3G. Ordinanc~ Addinq Section 903 to Chapter IX of the City Code Prohibitinq Fishing at Certain portions of the Lost Lake Channel Meyer stated that he cannot support an ordinance to prohibit fishing in the Greenway Area. The findings in the proposed ordinance state there would be an inherit risk to the public and he disagree because he believes the Greenway is community open space, public lands and waters, it's being financed by public funds, and he thinks fishing is an important youth and family activity and should be allowed in part of that area. Discussion followed regarding the Council's different opinions about fishing adjacent to a public pedestrian walkway. MOTION by Brown, seconded by Hanus to pass the following ordinance. The following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. ORDINANCE NO. 01-2004: AN ORDINANCE ADDING SECTION 903 TO CHAPTER IX OF THE CITY CODE PROHIBITING FISHING AT CERTAIN PORTIONS OF THE LOST LAKE CHANNEL 4. Comments & Suggestions from Citizens Present on Any Item Not on the A_clenda David Beede of Harrison Harbor Twinhomes Association, presented a letter to the Council requesting change in the present ordinance that regulates trapping of beaver. He stated that by the time the situation is brought before the Council, the beaver have already done extensive damage. John Dean suggested checking with the Police Chief and state statute to determine if we can permit the Police Department, or designee, to issue a trapping permit. This subject will be put on the June 8th Agenda for further consideration. Mound City Council Minutes - May 25, 2004 Blair Lindemeier, 2360 Commerce Blvd., appeared before the Council to express is disapproval with the no fishing ordinance James Holmbeck, 2222 Mill Pond Lane, presented the Council with 'photos of a tree on his property that was damaged by the construction of the Langdon Trails development. The developer, Chuck Alcon, has been in contact with Holmbeck and the Council assured him that the problem will be resolved. Public Hearincls Construction and Realignment of CSAH 15/110 John Cameron reviewed the feasibility study for the project. The project has already been bid by Hennepin County and is under construction. The Street improvement portion of the project should be done this November, to allow traffic back on. The landscaping and other finishing touches will be completed in 2005. Mayor Meisel opened the public hearing at 8:30 p.m. and asked for public comment. Upon receiving none, the public hearing was closed at 8:32 p.m. 1. MOTION by Hanus, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 04-66: RESOLUTION RECEIVING REPORT FOR THE CONSTRUCTION AND REALIGNMENT OF CSAH 151110. 2. MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 04-67: RESOLUTION ORDERING IMPROVEMENT AND APPROVING PLANS AND SPECIFICATIONS FOR THE CONSTRUCTION AND REALIGNMENT OF CSAH 151'110. 6. Bond Sale for 2004 Projects Jim Prosser of Ehlers & Associates presented the results of three bond sales, bids of which were received earlier today. He noted that as part of the bond review, the City received an upgrade to AA3, which is the second upgrade received since 2001. Ao Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, was duly held at the City Hall on May 25, 2004, at 7:30 o'clock P.M. for the purpose, in part, of authorizing the issuance and awarding the sale of $1,785,000 General Obligation Improvement Bonds, Series 2004A. The following members were present: Mayor Meisel, Councilmembers Brown, Hanus, Osmek and Meyer, and the following were absent: None. Mound City Council Minutes - May 25, 2004 Member Osmek introduced the following resolution and moved its adoption: RESOLUTION NO. 04-68: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,785,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2004A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF The motion for the adoption of the foregoing resolution was duly seconded by member Brown and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Brown, Hanus, Meisel, Osmek and Meyer; and the following voted against the same: None. Whereupon the resolution was declared duly passed and adopted. Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota, was duly held at the City Hall on May 25, 2004, at 7:30 o'clock P.M., for the purpose in part, of considering proposals and awarding the sale of $1,675,000 General Obligation Revenue Bonds, Series 2004B. The following members were present: Mayor Meisel, Councilmembers Brown, Hanus, Osmek and Meyer, and the following were absent: None. Member Brown introduced the following resolution and moved its adoption: RESOLUTION NO. 04-69: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,675,000 GENERAL OBLIGATION REVENUE BONDS, SERIES 2004B AND PLEDGING FOR THE SECURITY THEREOF NET REVENUES The motion for the adoption of the foregoing resolution was duly seconded by member Osmek and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Brown, Hanus, Meisel, Osmek and Meyer; and the following voted against the same: None. Whereupon the resolution was declared duly passed and adopted. Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota, was duly held at the City Hall on May 25, 2004, at 7:30 o'clock P.M., for the purpose in part, of considering proposals and awarding the sale of $500,000 General Obligation Equipment Certificates, Series 2004C. 4 Mound City Council Minutes - May 25, 2004 The following members were present: Mayor Meisel, Councilmembers Brown, Hanus, Osmek and Meyer, and the following were absent: None. Member Hanus introduced the following resolution and moved its adoption: RESOLUTION NO. 04-70: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $500,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2004C, AND LEVYING A TAX FOR THE PAYMENT THEREOF The motion for the adoption of the foregoing resolution was duly seconded by member Brown and, after a full discussion thereof and upon a vote being taken thereon, the following voted in favor thereof: Brown, Hanus, Meisel, Osmek and Meyer; and the following voted against the same: None. Whereupon the resolution was declared duly passed and adopted. 6.1 Greenwa¥ Trail John Cameron informed the Council that because of the proposed development by Mound Harbor Renaissance Development, and the City's involvement in trying to go ahead with the possible dredge and dock system, the proposed trail will be in the way. It would have to be crossed many times to do the dredge and could also affect the layout as to how to do the development. It was determined that the up-charge for delaying the portion of the trail affected would be much less than the repair if it were to be constructed now. It was the consensus to have John Dean prepare the necessary documents for agreements with appropriate entities to accommodate the delay of that portion of the trail project, noting that all charges involved would be borne by MHRD. These agreements will be placed on the June 8th agenda. 7. Action on Proposed Amendment to Zoning Ordinance - Membrane Structures Sarah Smith reviewed the proposed ordinance before the Council. It has been revised as suggested at an earlier meeting. John Dean suggested a few changes in wording regarding structures on public property. MOTION by Brown, seconded by Hanus to pass the following noted ordinance as amended. All voted in favor. Motion carried. ORDINANCE NO. 02-2004: AN ORDINANCE AMENDING SECTION 350.310 (DEFINITIONS) AND 350.435 (ACCESSORY BUILDINGS) OF THE MOUND CITY CODE (ZONING ORDINANCE) TO ADOPT REGULATIONS REGARDING THE PLACEMENT OF MEMBRANE STRUCTURES 5 Mound City Council Minutes - May 25, 2004 8. Planninq Commission Report/Recommendation: Lake Access for Parcels Which are Physically Separated/Applicable Subdivision Procedure-~ After discussion it was decided that this item will be referred back to the Planning Commission for their consideration and recommendation. Both Sarah Smith and David Osmek were absent from the Planning Commission where this was discussed and Smith would like to craft some language and take it back to them one more time. This item will be put on the June 8th Council agenda. 8.1 Memorial Day Bob Brown, because he and Mark Hanus are both Veterans, wanted the public to be aware of and invite their participation in the Memorial Day Parade and the ceremony at Mound Bay Park and at all of the city's cemeteries. 9. Miscellaneous/Correspondene A. Minutes: Planning Commission - May 3 & 17, 2004 B. FYI: Halstead Point sketch plan C. Notes: Hennepin County 15 Project D. Correspondence: LMCD E. LMC: Friday/Monday Fax F. Report: Finance Department-April 2004 G. FYI: Contribution of charitable gambling funds from Jaycees H. Report: 2004 Open Book Meeting I. Correspondence: Mediacom J. Correspondence: Westonka Healthy Community Collaborative K. Calendar: LMCC 10. Adjourn MOTION by Brown, seconded by Osmek to adjourn at 9:25 p.m. All voted in favor. Motion carried. Attest: Bonnie F~itter, City Cl~rk Mayor Pat Meisel 6