2005-09-27
MOUND CITY COUNCIL MINUTES
SEPTEMBER 27, 2005
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, September 27, 2005, at 7:30 p.m. in the council chambers of city
hall.
Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John
Beise and David Osmek.
Others Present: City Attorney John Dean, City Clerk Bonnie Ritter, Community
Development Director Sarah Smith, Public Works Director Carlton Moore, Acting City
Manager Gino Businaro, Larry Peterson, Bill Meyer, B.J. Johnson, Police Chief Jim
Kurtz, Lt. John McKinley,
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 7:34 p.m.
2. Pledge of Allegiance
3. Approve Agenda
Meisel requested the removal of F, H, I and J from the consent agenda, and to add L to
the consent agenda. The reason for her request to remove items H,I, J and L are that
they all have to do with downtown redevelopment and she wishes to abstain from voting
on these items because of a possible perceived conflict of interest. She also requested
the addition of 5A, 2005 Street Reconstruction project to the agenda.
Beise requested the removal of item E from the consent agenda.
MOTION by Osmek, seconded by Specht to approve the agenda as amended above.
All voted in favor. Motion carried.
4. Consent Agenda
MOTION by Brown, seconded by Specht to approve items A, B, C, D,G, and K. All
voted in favor. Motion carried.
A. Approve minutes of September 13, 2005 regular meeting
B. Approve payment of claims in the amount of $993,086.51.
Mound City Council Minutes -September 27, 2005
C. Approve Pay Requests:
1. Payment Request No. 6 from Magney Contruction in the amount of
$68,566.25 for the Well #8 Pumphouse Project
2. Payment Request No. 2 from Veit & Company for $689,853.90. for the
Response Actions at Lose Lake Dump and Maxwell Properties
D. Approve tabling of dock revocation for Malarky until October 11th meeting.
E. (removed)
F. (removed)
G. RESOLUTION NO. 05-130: RESOLUTION ACCEPTING THE PARK AND
TRAIL IMPROVEMENTS IN OUTLOT B AND OUTLOT C IN THE VILLAGE BY
THE BAY SUBDIVISION
H. (removed)
I. (removed)
J. (removed)
K. RESOLUTION NO. 05-131: RESOLUTION AUTHORIZING EXECUTION OF
SANITARY SEWER EASEMENTS
L. (removed)
4E. Approve recommendation for Bluebird Lane petition for amendments to the
parking map
Beise requested that this be removed from the consent agenda for discussion and
clarification on the exact location of the new proposed no parking.
MOTION by Osmek, seconded by Brown to authorize removal of the "No Parking"
restriction on the west side of Bluebird Lane, north of Three Points Boulevard to
Jennings Bay, and the establishment of "No Parking" restrictions on the East Side of
Bluebird Lane from Three Points Boulevard north to Jennings Bay and to have the
Parking Map revised to reflect this change. All voted in favor. Motion carried.
4F. Approve recommendation for Bruns request for three-way stop at Halstead
Lane and Westedge Boulevard
Meisel wanted clarification that the stop sign is not being approved, but the action will
approve waiting until the street construction is completed to do an assessment.
MOTION by Beise, seconded by Specht to approve postponing action on this request
until after street improvements are completed in the area of Westedge and Halstead.
When construction is complete a traffic survey will be conducted to determine the need
for traffic control changes. All voted in favor. Motion carried.
Mayor Meisel turned the meeting over to Acting Mayor Osmek.
2
Mound City Council Minutes -September 27, 2005
4H. Adopt resolution extending timeline for recording of Final Plat for Villas on
Lost Lake
MOTION by Brown, seconded by Beise to adopt the following resolution. The following
voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None.
Mayor Meisel abstained from voting. Motion carried.
RESOLUTION NO. 05-132: RESOLUTION EXTENDING THE TIMELINE FOR
RECORDING OF THE FINAL PLAT FOR THE VILLAS ON LOST LAKE
41. Adopt resolution approving Citv of Mound consent and joinder to Final Plat
for Villas on Lake Lake
MOTION by Brown, seconded by Beise to adopt the following resolution. The following
voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None.
Mayor Meisel abstained from voting. Motion carried.
RESOLUTION NO. 05-133: RESOLUTION APPROVING CONSENT AND JOINDER
TO PLAT AGREEMENT FOR VILLAS ON LOST LAKE
4J. (see item 5A)
4L. Approve contract with Landform for preparation of ALTA survey for Phase II
of the MHRD Redevelopment
MOTION by Brown, seconded by Specht to approve the contract with Landform for
preparation of ALTA survey for Phase II of the MHRD Downtown Redevelopment
(Auditor's Road), as recommended by the City Attorney. The following voted in favor:
Brown, Specht, Beise and Osmek. The following voted against: None. Mayor Meisel
abstained from voting. Motion carried.
Mayor Meisel returned to preside over the rest of the meeting.
5. Comments and suggestions from citizens present on any item not on the
a enda. -None were offered.
5A. 2005 Street Reconstruction Project
A. Resolution Declaring Cost to be Assessed
MOTION by Osmek, seconded by Brown to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 05-134: RESOLUTION DECLARING COST TO BE
ASSESSED, AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT ON 2005 STREET RECONSTRUCTION PROJECT
3
Mound City Council Minutes -September 27, 2005
B. Resolution Calling for Hearing on Proposed Assessment
MOTION by Osmek, seconded by Specht to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 05-135: RESOLUTION FOR HEARING ON PROPOSED
ASSESSMENT FOR 2005 STREET RECONSTRUCTION PROJECT
6. Presentation of Awards of Merit by Police Chief Kurtz
Chief Kurtz reviewed the events of a murder in Mound that occurred on June 19, 2005,
and commended the officers involved in the case. Present to accepting Awards of Merit
were: Minnetonka Officer Linda iPesheck, Minnetonka Sergeant Gary Cayo,
Minnetrista Officer Jon Stutelberg, Mound Officer Nick Schwalbe, Mound Administrative
Assistant Shirley Hawks, Mound Detective Dan Niccum and Mound Lieutenant John
McKinley.
7. Presentation of grant to Mound Police Department by CenterPoint Energy
Arnie Hendrickson of CenterPoint Energy presented a grant in the amount of $1250 to
Chief Kurtz. Kurtz informed the Council that this $1250 was designated to buy another
external defibrillator, one that can be used on pediatrics as well as adults. The Council
thanked Hendrickson for this grant.
8. Planning Commission Recommendation
Planning Case #05-06 (continued from September 13, 2005) -vacation of a portion of
unimproved Halstead Lane.
Sarah Smith reviewed the request and the two issues that were raised at the last
meeting. First, Hennepin County's response with regards to if the applicant would be
eligible to bid on the tax forfeit property should it be offered for sale because fee title
generally runs to the center of the road. The County reaffirmed that this tax forfeit parcel
won't be offered for public sale and also that their policy doesn't grant abutting status to
a property owner separated by a road. Secondly, state statute says that there must be
a majority of the involved property owners signing the application, in this case there are
four property owners so must have more than two on the application, or the vacation
requires a 4/5 vote of approval by the Council.
A petition was presented supporting Larry Peterson's application to vacate unimproved
Halstead Avenue. It was signed by six neighbors, two being abutting owners to the
unimproved Halstead Avenue that is subject of this vacation application.
Osmek asked if the application would have to be amended to add the additional
abutters that signed the petition. Now there is only one applicant, Mr. Peterson. Dean
answered that thee would still be only one applicant and adding two abutters doesn't
change the procedure. Osmek stated that if all except 1 foot on the westerly side
(abutting the property owner that hasn't signed the petition) of the street were vacated,
only a majority vote of the council to approve, instead of 4/5.
4
Mound City Council Minutes -September 27, 2005
Larry Peterson of 6619 Bartlett, the applicant, explained that the property owner to the
west of the street wasn't asked to sign the petition because he serves on the Planning
Commission, but he thinks that he is probably indifferent at this point if the road is
vacated or not.
B.J. Johnson, 6655 Halstead, commented that he is amazed that there is opposition to
vacating this portion of Halstead and adding it back on the tax rolls.
Bill Meyer, 6601 Bartlett, also stressed that he sees no reason not to vacate this street.
Mr. Peterson has been taking care of it for years.
Beise stated that there were ten departments that reviewed this application and eight
recommended denial.
MOTION by Brown, seconded by Osmek to approve the vacation of a portion of
unimproved Halstead Avenue as stated on the application. The following voted in favor.
Brown, Specht and Osmek. The following voted against: Beise and Meisel. Motion
defeated for lack of 4/5 vote.
_,_, MOTION by Osmek, seconded by Brown to vacate the portion of unimproved Halstead
Avenue as stated in the application, except for the westerly one foot, subject to
reserving all easements as well as stipulations that Hennepin County will impose. A
resolution to this affect will be put on the next Council agenda for action. The following
voted in favor: Brown, Specht and Osmek. The following voted against: Beise and
Meisel. Motion carried.
9. Miscellaneous/Correspondence
A. Questions and comments from Councilmembers -none.
B. Report: Westonka Healthy Community Collaborative
10. Adiourn
MOTION by Brown, seconded by Osmek to adjourn at 8:41 p.m. All voted in favor.
Motion carried.
~ ~,
~~y'~~1~ G~~~
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meise
5