2004-06-08MOUND CITY COUNCIL MINUTES
JUNE 8, 2004
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, June 8, 2004, at 7:30 p.m. in the council chambers of city hall.
Members Present: Mayor Pat Meisel (arrived at 7:57 p.m.); Councilmembers Bob
Brown, Mark Hanus, David Osmek and Peter Meyer.
Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk
Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director
Carlton Moore, Finance Director Gino Businaro, State Representative Steve Smith,
Bruce Johnson, John Beise, Mike Specht, Phil Bowman, Chuck Champine, Eric
Serrano.
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_qiance
Acting Mayor Hanus called the meeting to order at 7:30 p.m., followed by the Pledge of
Allegiance,
2. Approve A_~enda
Kandis Hanson requested the removal of Item 3F and Item 8, to be considered at a later
meeting.
MOTION by Brown, seconded by Osmek to approve the agenda as amended. All voted
in favor. Motion carried.
3. Consent Aclenda
MOTION by Osmek, seconded by Brown to approve the consent agenda as presented.
Upon roll call vote, all voted in favor. Motion carried.
A. Approve minutes of May 25, 2004 regular meeting
B. Approve payment of claims in the amount of $654,366.26.
C. RESOLUTION NO. 04-71: RESOLUTION APPROVING FRONT YARD
SETBACK VARIANCE FOR A SECOND STORY ADDITION TO THE
RESIDENCE LOCATED AT 1717 FINCH LANE, LOTS 7 & 8, BLOCK 13,
DREAMWOOD. P&Z CASE #04-09. PID #13-117-24-13-0048.
D. RESOLUTION NO. 04-72: RESOLUTION AUTHORIZING APPLICATION FOR
A DEVELOPMENT GRANT THROUGH THE LIVABLE COMMUNITIES
DEMONSTRATION PROGRAM
Mound City Council Minutes - June 8, 2004
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Approve Payment Requests
1. Payment Request #6 from Environmental Associates for work on the Lost
Lake Greenway, in the amount of $156,261.95.
2. Payment Request #1 from Valley Paving for work on the 2004 Street
Reconstruction Project, in the amount of $165,494.32.
3. Final Payment Request from Sunram for the 2002 Retaining Wall
Replacement Project, in the amount of $5,817.85.
F. (removed)
4. Comments & SuR.qestions from citizens present on any item not on the
a_clenda. - None were offered.
5. 2003 Audit Report and Manaqement Letter, as presented by Steve McDonald of
Abdo, Eick and Meyers
Finance Director Gino Businaro introduced Steve McDonald of Abdo, Eick & Meyers
and he reviewed the management letter and annual financial report for the year ending
December 31,2003.
MOTION by Brown, seconded by Osmek to acknowledge receipt of the Management
Letter and Comprehensive Annual Financial Report for the year ending December 31,
2003, as prepared by Abdo, Eick & Meyers. All voted in favor. Motion carried.
6. Orv Burma and Pete Nelson, representinq LMCD, on zebra mussel infestation
Pete Nelson gave the Council an informational presentation on the zebra mussel and its
potential affect on Lake Minnetonka.
Mayor Meisel arrived at 7:57 p.m. She explained that she was late because she was
delivering the welcome to the United Firefighters Association meeting at the Public
Safety Building.
The City will help to pass along informational material regarding the threat of the zebra
mussel by i.e., putting an educational article in the next newsletter, and making
informational available at City Hall.
7. Tax forfeit parcels
Hanus removed himself from his seat on the Council for this item.
Sarah Smith reviewed the events leading to tonight's request for subdivision exemption
and re-conveyance of portions of tax forfeited lands to the State of Minnesota by a
governmental subdivision. The Council previously adopted Resolution 03-45,
authorizing Hennepin County to begin the process to release a portion of a tax forfeit
parcel (PID 19-117-23-24-0047) following submittal of a written request by three
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Mound City Council Minutes - June 8, 2004
property owners (Mark and Gail Hanus, Jack and Sandy Cook and Bruce and Sharon
Johnson) and review and recommendation by the Planning Commission, Parks
Commission and Docks Commission. Following submittal to Hennepin County it was
determined that special legislation would be necessary to complete the release process
in order to sell the property at an adjacent owner auction. The special legislation was
signed by Governor Pawlenty on May 29, 2004, and now the city needs to execute a
deed to re-convey the affected portion of the tax forfeited parcel back to the State of
Minnesota so that it may be offered for sale to the adjacent owners. Following the sale
of the parcel by Hennepin County to the abutting property owners, additional survey
work is going to be necessary so as to combine the affected portion(s) of the former tax
forfeit parcel with the abutting Hanus/Cook/Johnson properties, which triggers the minor
subdivision process. Staff feels that it is reasonable to use the subdivision exemption
provision for this portion of the process.
Hanus, one of the applicants, gave an overview of the process that this request has
gone through.
Chuck Champine, 1550 Canary Lane, complimented Hanus on his presentation and
received clarification on his question regarding computation of BSUs, appraisal of the
subject parcel, and cost reimbursement for this request.
Sarah Smith clarified two points. Included in the resolution when the Council authorized
the Hennepin County to begin the process to release this parcel was the stipulation that
if the property is released, it should be offered for sale and combined with adjacent
properties only. Also when the original tax forfeit request came in April of 2003, it was
not only routed to members of staff, but all involved commissions and agencies, which
included the LMCD. At that time they were given opportunity to comment and if
comments were received, they would have been included if provided from them.
Representative Steve Smith addressed the Council, stating that he was the author of
the bill involved in this parcel. He stated that the subject request has gone through
layers of city and state government. It went through the mandatory process and found
its way to the separate bill that he introduced in February. He stated no one cooked up
or changed any state statute, as suggested by Meyer, and nobody rolled it into an
omnibus bill to bury this issue. He quoted sections from a letter he received from the
City Attorney which outlined and reviewed the steps that were taken in this request.
The meetings of various Commissions and Council were all public and noticed
according to law, and all costs involved in the request are borne by the applicants.
MOTION by Osmek, seconded by Brown to adopt the following resolution. Meyer
stated that the portion of House File #2334 included in the packet shows that the
total file is 42 pages and the subject is noted on ½ a page out of the 42. Also, that
he can't support this resolution mainly because he thinks it's an abuse of political
power for Hanus to use his political power to convince Representative Smith and
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Mound City Council Minutes - June 8, 2004
Senator Gen Olson to initiate this legislation. He understands he may have said they
changed state statute, and asked what the proper term is to describe that they can do
now what they couldn't do last year. John Dean then stated that to engage in
conversation with the audience is not appropriate at this time, as there is a motion on
the floor.
Brown called for the vote, and upon vote taken the following voted in favor: Brown,
Meisel and Osmek. The following voted against: Meyer. Hanus abstained from
voting as he was still a member of the audience at this time. Motion carried.
RESOLUTION NO. 04-73: RESOLUTION TO APPROVE A SUBDIVISION
EXEMPTION REQUEST TO RELEASE A PORTION OF A TAX FORFEIT
PARCEL. PID #19-117-23-24-0047
MOTION by Brown, seconded by Osmek to adopt the following resolution. Meyer
stated that again, he would like to give four reasons for voting against this: First,
public good is defined as benefiting 9,700 of our citizens and in his view this just
benefits Hanus and the two neighbors; second, is that he hears how this action
would benefit the docks program but he sees that having less shoreline means less
boats; third, is that by releasing the property they lose three dock site holders, each
of which pays $250/year into the dock program; and fourth and most importantly,
and maybe he doesn't get it, but he thinks it's really an abuse of public trust and
abuse of political power for a sitting City Councilmember to acquire public land for
personal gain.
Brown asked for the vote, and upon vote taken the following voted in favor: Brown,
Meisel and Osmek. The following voted against: Meyer. Hanus abstained from
voting as he was still a member of the audience at this time. Motion carried.
RESOLUTION NO. 04-74: RESOLUTION TO RECONVEY A PORTION OF A TAX
FORFEIT PARCEL BACK TO THE STATE OF MINNESOTA FOR SALE TO
ABUTTING OWNERS. PID #29-117-23-24-0047.
Councilmember Hanus returned to his seat on the Council at this time. Meisel, Brown,
Osmek and Hanus offered comments as to why Meyer's previous statements were
inappropriate, incorrect and short-sighted. Hanus reminded Meyer that he confronted
him at the previous Council meeting regarding some of the same accusations of abuse
of public trust and political power, and how Meyer was unable to explain or defend him
claims.
8. (removed)
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Mound City Council Minutes - June 8, 2004
9. Miscellaneous/Correspondence
A. Newsletter: Xcel Energy
B. Report: Harbor Wine & Spirits - May 2004
C. Notice: Metropolitan Council 2005 Budget Meetings
D. Newsletter: Gillespie Center
E. Letter: Mediacom
F. Letter: Moody's Investors Service
G. Letter: Hennepin County Administration
H. Inventory of items contained in Public Safety Facility time capsule
10. Adjourn
MOTION by Osmek, seconded by Brown to adjourn at 9:55 p.m. All voted in favor.
Motion carried.
.,~~ ,,~z~.,~.
Attest: Bonnie Ritter, City Clerk
~ayor Pat Meise'l
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