2002-11-12MOUND CITY COUNCIL MINUTES
NOVEMBER '12, 2002
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesday, November 12, 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, Acting City Manager Gino Businaro, City Clerk
Bonnie Ritter, Community Development Director Sarah Smith, City Engineer John Cameron,
Police Chief John McKinley, Zach Petz, Earl Petz and family, Tom & Tara Stokes, Mike
Mueller, Pam Weatherhead, Randy Beurets, Barry DeSmet, Collette Roberts, Jodi Rahn, Deb
Grand, Ann Eberhart, Tom Hoff.
Consent Agenda: All items listed under the Consent Agenda aro considered to be routine in
nature by the Council and will be enacted by a roll call vote. Thero 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 7:30 p.m.
2. PLEDGE OF ALLEGIANCE
3. APPROVE AGENDA
Meyer requested the addition of 12A, Housing Week
MOTION by Hanus, seconded by Brown to approve the agenda as amended. All voted in
favor. Motion carried.
4. SWEARING IN OF PATROL OFFICER ZACH PETZ
City Manager Kandis Hanson swore in Patrol Office Zach Petz and members of the Council
and the community welcomed him to the Mound Police Department.
5. CONSENT AGENDA
MOTION by Brown, seconded by Osmek to approve the consent agenda. Upon roll vote
taken, all voted in favor. Motion carried.
A. Approve Minutes: October 22, 2002 regular meeting; October 24, 2002 special
meeting; October 28, 2002 special meeting; and October 28, 2002 special meeting.
B. Approve Payment of Claims in the amount of $693,316.28.
C. Payment Requests for Improvement Projects:
1. Payment Request #2 from Buffalo Bituminous for Westedge Improvement
Project in the amount of $131,692.43.
2. Payment Request #2 from Dave Perkins Contracting for 2002 Storm Sewer
Project in the amount of $90,343.77.
Mound City Council Minutes - November 12, 2002
3. Payment Request #1 from Sunram's for the 2002 Retaining Wall Project in the
amount of $48,430.38.
D. Deny request for parking on both sides of Balsam Road
E. Approve cancellation of special meeting of November 21,2002.
F. RESOLUTION NO. 02-107: RESOLUTION CERTIFYING THE RESULTS OF THE
MUNICIPAL ELECTION AS PRESENTED, AS THE CANVASS OF VOTE FOR THE
NOVEMBER 5, 2002 GENERAL MUNICIPAL ELECTION
G. Approve Memorandum of Understanding between the City, Mound HRA and Mueller-
Lansing Properties.
H. RESOLUTION NO. 02-108: RESOLUTION APPROVING A FRONT YARD
SETBACK VARIANCE TO CONSTRUCT A DECK AT 4640 ISLAND VIEW DRIVE.
BLOCK 3, LOTS 16 & 17, DEVON. P&Z CASE #02-40. PID #30-117-23-22-0019.
6. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT
ON THE AGENDA. None offered.
7. PUBLIC HEARING ON AMENDMENT TO THE BUSINESS SUBSIDY CRITERIA
Mayor Meisel opened the public hearing at 7:40 p.m.
City Attorney John Dean stated that this amendment was discussed and adopted earlier this
evening by the HRA and these amendments are prompted by changes in state statute.
Upon no public comment being heard, Mayor Meisel closed the public hearing at 7:44 p.m.
MOTION by Brown, seconded by Hanus to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 02-109: RESOLUTION ADOPTING AMENDED BUSINESS SUBSIDY
CRITERIA
8. CSAH 15 PROPERTY ACQUISITION
MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 02-110: RESOLUTION RECEIVING FEASIBILITY REPORT AND
CALLING A PUBLIC HEARING ON AN IMPROVEMENT PROJECT (COUNTY 15/2002
PROJECT)
9. WELL PROJECT
City Engineer John Cameron informed the council that the municipal test well installation on
Evergreen Road, done by Traut Wells, totaled $24,780.00, which is significantly higher than
the bid amount of $13,264. Cameron explained that because of the water quantity that they
were trying to obtain, the drilling process had to be extended to 309 feet, which doubled the
depth in the original proposal. Most of the extra cost is for this greater depth and includes
some related items such as the screen required for the test pumping. The decision on
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Mound City Council Minutes - November 12, 2002
proceeding with the drilling of the test well had to be made at the time or the cost would have
been even higher.
MOTION by Hanus, seconded by Brown to approve payment to Traut Wells for $24,780.00.
All voted in favor. Motion carried.
10. OLD POST OFFICE DEMOLITION
Cameron presented the nine bids received for the old post office demolition. They ranged
from $34,991.50 to a high of $80,901.00. Cameron added that completion date will be 30
days from start of work.
MOTION by Brown, seconded by Osmek to award the contract to Wickenhauser Excavating
of Cologne, MN, for the Post Office Demolition, in the amount of $34,991.50. All voted in
favor. Motion carried.
11. PLANNING COMMISSION RECOMMENDATIONS
A. Case #02-38: Tom & Tara Stokes - 5201 Waterbury Road - Variance
Sarah Smith reviewed the variance request to construct a 6' solid wood fence to be located
on a portion of the front property line along Tuxedo Blvd. Pursuant to code, front yard fences
are allowed to be placed along property lines as long as they do not exceed 4' in height.
Smith stated that the Planning Commission and Staff have recommended denial of this
request.
Tom Stokes, along with his neighbors, addressed the Council with concerns about their
children's safety, headlights shining into their homes, and privacy issues. The fence would
buffer the sound and lights, and provide the safety that they are seeking for their children,
along Tuxedo Blvd, which is a very busy street.
Mike Mueller, Planning Commission member, addressed the council with concerns over
setting precedent because there are many busy streets in Mound with residents that could
pose the same concern and make similar requests.
Meyer asked Dean if this would set precedent, and Dean responded that the decision to grant
a variance is fact driven and no two are exactly the same. To use this as a precedent
someone would have to show that all of the important elements in their case were exactly the
same as found important in this case, and that would be unusual. Every time the council
looks at a variance the important thing is to determine if that request meets the requirements
of the ordinance.
MOTION by Hanus, seconded by Brown to approve the variance and support it by having
Staff insert the findings suggested into the resolution, which will appear on the next Council's
consent agenda. Those voting in favor: Brown, Hanus, Meisel and Osmek. Those voting
against: Meyer. Motion carried.
Mayor Meisel called a recess at 9:07 p.m. and the meeting reconvened at 9:20 p.m.
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Mound City Council Minutes - November 12, 2002
12. DISCUSSION/ACTION ON ASSESSMENT POLICIES
John Cameron presented a proposed assessment policy to the Council. Discussion followed
regarding different scenarios that could arise from the proposed policies, and suggested
various changes to the proposed policy.
Cameron presented a map of the proposed street improvement project for next year, to occur
out on Three Points. Bonnie Ritter asked that it be a matter of record that this is the first time
that she has seen this proposed map, because of a property transaction that occurred in this
area earlier in the year.
It was the consensus of the Council to have Cameron make the suggested changes in the
proposed policy, and bring a fresh copy back to the Council at their next meeting, based on
unit charge rather than lineal foot charge, and separate the commercial/industrial into a totally
different policy.
12A. HOUSING WEEK
Meyer wanted to announce Governor Ventura's Housing Week to be held November 16-22,
2002. It's being initiated by Inner Faith Outreach and spearheaded by Bob's Sleepout.
People can contact him or WeCAN for more information.
13. INFORMATION/MISCELLANEOUS
A. Correspondence: Mound Westonka Schools
B. Update: Dreamwood lawsuit
C. Correspondence: CenterPoint Energy Minnegasco
D. Newsletter: Lake Minnetonka Association
E. Report: Public Safety Building
F. Correspondence: Metropolitan Council
G. Report: Police Department- October 2002
H. Newsletter: Gillespie Center
I. Acknowledgements: Charitable Gambling proceeds
J. LMCC calendar for November
K. Report: 2002 Spring and Fall cleanup days
14. ADJOURN
MOTION by Brown, seconded by Hanus to adjourn at 10:10 p.m. All voted in favor.
carried.
~-~st: Bonnie Ritter, City Clerk
'M~yo'r Pat 'Meis~l- (
Motion
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