2004-11-09MOUND CITY COUNCIL MEETING
NOVEMBER 9, 2004
The City Council of the City of Mound, Minnesota, Hennepin County, Minnesota,
met in regular session on Tuesday, November 9, 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 Ritter, Community Development Director Sarah Smith, City
Engineers John Cameron and Bob Dehler, Public Works Superintendent Carlton
Moore, Mike Wyatt, Chuck Alcon, Tom Stokes, John Beise, Mike Specht, Cheryl
Martin, Rich Pugh.
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 Meetinq
Mayor Meisel called the meeting to order at 7:30 p.m.
2. Pled_~e of Allegiance
3. Canvass of Municipal Election
MOTION by Osmek, seconded by Hanus to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 04-128: RESOLUTION CERTIFYING THE RESULTS OF
THE MUNICIPAL ELECTION AS PRESENTED, AS THE CANVASS OF VOTE
OF THE NOVEMBER 2, 2004 MUNICIPAL ELECTION
4. Approve Aqenda
Meisel requested the addition of Item 7B, Resolution Amending Standards and
Guidelines for Deferral of Special Assessments, and Hanus requested the
removal of Item D from the consent agenda.
MOTION by Brown, seconded by Osmek to approve the agenda as amended
above. All voted in favor. Motion carried.
Mound City Council Minutes - November 9, 2004
5. Consent A_~enda
MOTION by Hanus, seconded by Osmek to approve the consent agenda with the
exception of item 5D. All voted in favor. Motion carried.
A. Approve minutes of the October 26, 2004 regular meeting and October 28,
2004 special meeting.
B. Approve payment of claims in the amount of $511,688.38.
C. Approve Payment Requests
1. Payment Request No. 11 from Environmental Associates for
$54,283.32 for work on the Lost Lake Greenway Project
2. Final Payment Request from pearson Brothers for $2,900.00 for the
2004 Seal Coat Program
D. (removed)
E. RESOLUTION NO. 04-129: RESOLUTION TO APPROVE THE
RELEASE OF TAX FORFEITED PROPERTY. PID #19-117-23-32-0128.
F. Approve Planning Commission Recommendation: Case #04-38: Randy
Valek and Mike Mueller, Jr. - Waiver of Platting
RESOLUTION NO. 04-130: RESOLUTION TO APPROVE REQUEST
FROM RANDY VALEK AND MIKE MUELLER, JR. FOR WAIVER OF
PLATTING APPROVAL FOR LOTS 23, 24, 25, 38, 39, AND 40, BLOCK
3, LAKESIDE PARK, A.L. CROCKER'S 1sT DIVISION, MOUND,
MINNESOTA, TO CREATE TWO (2) LOTS. P&Z CASE #04-~[8, PID
#13-117-24-32-0062.
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G. Set joint Council/HRA special meeting workshop with BFL2 to review
financial issues related to the hotel project for November 23, 2004, at 6:30
p.m.
H. Approve authorization of staff to secure bids for legal newspaper for the
City of Mound.
5D. Approve Addition of Street Li.qht(s) on Denbi~h Road
Hanus requested that this be pulled from the consent agenda because his
residence is on Denbigh Road and his wife signed the subject petition.
MOTION by Brown, seconded by Osmek to adopt the following resolution: The
following voted in favor: Brown, Meisel, Osmek and Meyer. The following voted
against: Meyer. Hanus abstained from voting. Motion carried.
RESOLUTION NO. 04-131: RESOLUTION TO APPROVE THE PLACEMENT
OF ADDITIONAL STREET LIGHTS ON DENBIGH ROAD
6. Comments & Su.q.qestions from Citizens Present on any Item Not on the
A_clenda
Richard Pugh, 6201 Red Oak Road, appeared before the Council stating that he
was a write-in for the municipal election and felt that the results should have
been published because voters want to know how many votes he got. He
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Mound City Council Minutes - November 9, 2004
continued by expressing displeasure with the Mound Police Department and how
they allegedly treat residents.
Peter Meyer, 5748 Sunset Road, addressed the council as a private citizen,
asking for clarification on a question that several citizens have asked him. He
asked if Mayor Meisel was planning on resigning early in this term and if Hanus
was planning on assuming the Mayor's role upon Meisel's resignation. He finds
this disturbing and a cowardly way to circumvent the election process. Meisel
answered him, stating that her health is the best it's been in six years, and that
she's committed to the voters of this city. She's a taxpayer, and citizen and
wants to see Mound come back to life and that's the reason she ran for another
term, the reason she's here today, and the reason she will fulfill the next two year
term. Hanus stated he's been hearing the subject rumor for some time and
assured the public that there is no merit in it. With him not being on the Council,
there is no way that he could be appointed Mayor because of the process to fill
vacancies. He has no plan to be appointed to anything and couldn't be
appointed if he wanted. It's not legal.
7. Public Hearinq
A. Presentation by Minnehaha Creek Watershed District staff representative
Mike Wyatt
Mike Wyatt of the Minnehaha Creek Watershed District gave a presentation to
the Council on Innovative Stormwater Strategies for Downtown Mound. The
MCWD would like to determine whether the City would consider what they are
proposing and confirm whether they want to commit to a partnership in this
project. The presentation of this concept is just one step towards a project
between the Watershed, the City and the Developer.
Mayor Meisel opened the public hearing at 8:25 p.m. and asked for public
comment.
Chuck Alcon, project manager with Mound Harbor Renaissance Development
stated that his team has reviewed the MCWD proposed project in detail and are
very impressed. Their engineers have reviewed the plan and believe that it's a
feasible project.
Mayor Meisel closed the hearing at 8:30 p.m.
Wyatt stated that the County Board is looking to approve their budget on
November 23, 2004, and he would like to be able to report to them that the City
Council is supportive of the conceptual design. There are a number of
milestones where it can be determined if the relationship should continue before
a final agreement is signed.
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Mound City Council Minutes - November 9, 2004
MOTION by Hanus, seconded by Brown to express their approval of the
conceptual design for Mound Downtown Redevelopment: Lost Lake/Langdon
Lake/Cooks Bay Improvement Project as presented by Minnehaha Creek
Watershed District. All voted in favor. Motion carried.
7B. Approve Resolution Amending Standards and Guidelines for Deferral
of Special Assessments
MOTION by Brown, seconded by Osmek to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 04-132: RESOLUTION AMENDING STANDARDS AND
GUIDELINES FOR DEFERRAL OF SPECIAL ASSESSMENTS AGAINST
OWNER OCCUPIED HOMESTEAD PROPERTIES IN HARDSHIP CASES FOR
QUALIFIED HOMEOWNERS
8. Action on Resolution Authorizinq Submittal of New Multiple Dock
Application to the LMCD
MOTION by Brown, seconded by Osmek to adopt the following resolution.
Meyer stated he is going to vote against this because it is just too much, too
dense, too much dredge, and too many docks next to a contaminated area. The
following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted
against: Meyer. Motion carried.
RESOLUTION NO. 04-133: RESOLUTION AUTHORIZING SUBMITTAL OF
NEW MULTIPLE DOCK APPLICATION TO THE LAKE MINNETONKA
CONSERVATION DISTRICT (LMCD) FOR DOCKS TO BE CONSTRUCTED IN
THE LOST LAKE DISTRICT A PART OF MOUND HARBOR RENAISSANCE
REDEVELOPMENT PROJECT (MHRD)
9. ACTION ON Resolution Authorizing MFRA to proceed with Chateau Lane
Elevated Water Storage Project
Bob Dehler reviewed the feasibility study for the Chateau Lane elevated water
storage construction.
MOTION by Brown, seconded by Osmek to adopt the following resolution as
amended. All voted in favor. Motion carried.
RESOLUTION NO. 04-134: RESOLUTION AUTHORIZING McCOMBS FRANK
ROOS ASSOCIATES TO PROCEED WITH CHATEAU LANE ELEVATED
WATER STORAGE PROJECT
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Mound City Council Minutes - November 9, 2004
10. Action on Resolution on 2005 Street Reconstruction Project
John Cameron reviewed the feasibility study for the 2005 Street Reconstruction
Project. The Council engaged in discussion as to if some of the street could be
delayed for a future year's project. Cameron informed them that all of the streets
were rated according to a process developed by the Asphalt Institute
MOTION by Meyer, seconded by Meisel to adopt the following resolution. The
following voted in favor: Meisel and Meyer. The following voted against: Hanus
and Osmek. Brown abstained from voting. Motion did not pass.
John Dean informed the Council that after the public hearing, the Council can still
remove streets from the project if the deem appropriate.
MOTION by Brown, seconded by Meyer to adopt the following resolution. The
following voted in favor: Brown, Meisel and Meyer. The following voted against:
Osmek and Hanus. Motion carried.
RESOLUTION NO. 04-135: RESOLUTION RECEIVING REPORT AND
CALLING HERING ON 2005 STREET RECONSTRUCTION PROJECT
11. Action on Resolution Settinq Bid Date for Well #8 Pump House
MOTION by Brown, seconded by Osmek to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 04-136: RESOLUTION ORDERING ADVERTISEMENT
FOR BIDS FOR WELL #8 PUMP HOUSE
12. Discussion/Action on Assessment aqainst Dock Lots Contained in
2004 Street Reconstruction Project
Meisel stated she has a problem assessing the dock lots involved in the 2004
Street Reconstruction Project because the dock lots are not addressed in the
current Street Assessment Policy.
It was noted that at the assessment hearing, a resident recollected the Mayor
stating at the improvement hearing that the dock lots wouldn't be assessed.
After reviewing the tape of that hearing, it was discovered that the City Engineer
made a statement to that affect, not the Mayor. The City Attorney has
determined that this statement doesn't prohibit the Council from assessing these
18 dock lots.
Cameron stated that the preliminary assessment report is just the suggested
assessment procedure, not the final, and assessment are based on the
improvement to the property and there was improvement to these dock lots.
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Mound City Council Minutes - November 9, 2004
MOTION by Osmek, seconded by Hanus that the city take over the payment for
the eighteen dock lots on the 2004 Street Reconstruction project, and to direct
staff to place in the street assessment policy, that dock lots are assessed the ¼
unit fee for future improvements. The following voted in favor: Brown, Hanus,
Meisel and Osmek. The following voted against: Meyer. Motion carried.
13.
Report:
Miscellaneous/Correspondence
Operation Clean Sweep - Hanson mentioned that 283
written violations were issued on the Island this summer, and
of those, 189, or 67% corrected the problem at the time of
the scheduled re-inspection and an additional 64 properties
complied at the time of the second inspection. Overall, 89%
of the properties that were inspected have corrected their
problems.
Finance Department - October 2004
Status of Project - CSAH 15 - Hanson read a letter from
Hennepin County giving progress of the project.
Correspondence:
City of Mound to Minnetonka Boat Club & Rental
LMCD
Newsletter:
Gillespie Center
Hennepin County Sheriff's Office
Lake Minnetonka Association
14. Adjourn
MOTION by Brown, seconded by Osmek to adjourn at 10:20 p.m. All voted in
favor. Motion carried.
Attest Bonme R~tter, C~ty Clerk
Mayor Pat Meisel ~
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