2006-02-14^
MOUND CITY COUNCIL MINUTES
FEBRUARY 14, 2006
The City Council of the City of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, February 14, 2006, at 7:30 p.m. in the council
chambers of city hall.
Members Present: Mayor Pat Meisel; Councilmembers David Oslmek, Bob
Brown, Mike Specht and John Beise.
Others Present: City Attorney John Dean, City Manager Kandis Hanson, City
Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public
Works Director Carlton Moore, Mark Hanus, Amanda Schwarze, Dennis Dalen,
Tom Sims, Dan Faulkner, Kreg Schmidt.
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 7:30 p.m.
2. Pledge of Allegiance
3. Approve Agenda
Meisel requested the removal of Item 4H as requested by the applicant. She
also requested the addition of Item 4R, Ratification of actions taken at the special
emergency meeting of February 9, 2006. Brown requested the removal of Item
4B from the consent agenda for discussion. Specht requested the removal of
Item 4A for discussion and Osmek requested the removal of Item 4E for
discussion.
MOTION by Brown, seconded by Specht to approve the agenda as amended.
All voted in favor. Motion carried.
4. Consent Agenda
MOTION by Beise, seconded by Specht to approve the consent agenda as
amended. All voted in favor. Motion carried.
4A. (removed)
4B. (removed)
4C. RESOLUTION NO. 06-23: RESOLUTION TO APPROVE THE RELEASE
OF TAX FORFEITED PROPERTIES: 25-117-24-12-0164, 25-117-24-12-0169,
AND 25-117-24-12-0170.
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Mound City Council Minutes -February 14, 2006
4D. Approve Summer Hours beginning with Daylight Savings Time in the Spring,
through Labor Day. (Monday-Thursday 7:30 a.m. - 5:00 p.m.; Fridays 7:30 -
11:30 a.m.)
4E. (removed)
4F. Set Special Meeting/Workshop for April 4, 2006 at 6:30 p.m. for presentation
of Annual Reports by Department Heads
4G. Approve Agreement for Disposal between NRG Processing Solutions and
the City of Mound.
4H. (removed from agenda)
41. RESOLUTION NO. 06-24: RESOLUTION APPROVING A MINOR
SUBDIVISION FOR THE PROPERTY LOCATED AT 1774 HERON LANE. P&Z
CASE #05-67, PID #13-117-24-14-0001 & #13-117-24-14-0002.
4J. ORDINANCE N0.03-2006: AN ORDINANCE AMENDING SECTION 300
OF THE CITY CODE AS IT RELATES TO THE BUILDING CODE AND
AMENDING SECTION 920 OF THE CITY CODE AS IT RELATES TO
OFFENSES AGAINST PUBLIC HEALTH AND SAFETY
4K. ORDINANCE NO. 04-2006: AN ORDINANCE AMENDING SECTION 380
OF THE MOUND CITY CODE AS IT RELATES TO ESTABLISHING LAND
USE FEES FOR THE CITY OF MOUND
4L. ORDINANCE NO. 05-2006: AN ORDINANCE AMENDING SECTION 375
OF THE CITY CODE AS IT RELATES TO GRADING, SOIL EROSION,
SEDIMENTATION CONTROL AND STORMWATER MANAGEMENT
4M. ORDINANCE N0.06-2006: AN ORDINANCE AMENDING SECTION 330
OF THE CITY CODE AS IT RELATES TO PLATTING AND SUBDIVISION
REGULATIONS
4N. Approve Contract with Hoisington Koegler Group for Preparation of 2008
Mound Comprehensive Plan
40. RESOLUTION N0.06-25: RESOLUTION RECOMMENDING
CONTINUATION OF CDBG FUNDING OF WESTONKA COMMUNITY ACTION
NETWORK (WeCAN)
4P. Approve Final Payment Request from Valley Paving Construction in the
amount of $89,230.85 for the 2004 Street Reconstruction Project
4Q. RESOLUTION NO. 06-26: RESOLUTION OF SUPPORT TO DEVELOP,
CONSTRUCT, AND OPERATE A REGIONAL TRAIL WITHIN THE DAKOTA
RAIL CORRIDOR PURSUANT TO THE THREE RIVERS PARK DISTRICT
ADOPTED MASTER PLAN
4R. Ratification of actions taken at the special emergency meeting of February
9, 2006.
4A. Approval of Minutes
__. Specht requested that this item be removed from the consent agenda so he
could abstain from voting, as he was absent from the January 24, 2006 meeting.
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Mound Ciry Council Minutes -February 14, 2006
MOTION by Osmek, seconded by Brown to approve the minutes of the January
24, 2006 meeting. The following voted in favor: Osmek, Brown, Beise, and
Meisel. The following voted against: None. Specht abstained from voting.
Motion carried.
MOTION by Brown, seconded by Osmek to approve the minutes of the February
9, 2006 special meeting. All voted in favor. Motion carried.
4B. Approve Payment of Claims
Brown questioned the bill from Marlin Trucking for freight. Hanson informed him
that this is freight for some liquor store deliveries that are not provided by the
distributor.
Osmek questioned the billing codes for the volunteer appreciation dinner, stating
that these expenses should come from the council budget, not from the individual
departments. Businaro will review these and adjust the coding. Osmek would
like to see the revised coding with the next council packet.
MOTION by Brown, seconded by Beise to approve the bills as presented, with
reallocation of the appreciation dinner bills to be provided with the next council
agenda packet. Upon roll call vote, all voted in favor. Motion carried.
4E. Set special meeting for City Council Facilitation on March 9, 2006.
After discussion it was the consensus of the council not to hold this special
meeting.
MOTION by Beise, seconded by Brown not to set the special meeting for March
9, 2006. All voted in favor. Motion carried.
5. Comments and suggestions from citizens present on any item not on
the agenda. None were offered.
6. Public Hearings
A. Public Hearing on Proposed Assessment at 2957 Cambridge Lane
Kandis Hanson presented the history of this proposed $23,019.77 assessment.
In June of 2001 the City was notified of a hazardous retaining wall at 2957
Cambridge Lane and it was determined that City utilities were contained in an
unimproved street sustained by this wall. The City initiated hazardous property
proceedings against the property and shortly thereafter the property went into
foreclosure. Citibank was given an extension of time to fix the property but didn't.
The court entered an order declaring the property to be hazardous and directing
that the hazard be eliminated. In exchange for the delay, the City negotiated to
be able to recoup its engineering and attorney fees incurred to date relating to
the property through a special assessment procedure. During the extension
period Mr. Sims bought the property and indicated that he would like to abate the
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Mound City Council Minutes -February 14, 2006
condition himself rather than have the City do the work. The City provided
substantial time for Sims to complete the work himself even though the City had
the authority to enter the property and correct the problem. Sims finally
completed the wall under his own specifications, eventually meeting with the City
Engineer's approval.
This proposed assessment figures includes attorneys fees, fees for city
engineering services, field survey work, cost for coil borings and analysis and
design plans for the retaining wall.
Mayor Meisel opened the public hearing at 7:53 p.m.
Dennis Dalen, attorney for the property owner Tom Sims, made note for the
record that Mr. Sims has submitted a written objection to this assessment. He
also stated that according to a court order originally made September 20, 2002,
states that the city may collect for charges incurred after the date of that order,
explaining that a great portion of the proposed assessment is for charges before
September 2002. His client bought the property in June of 2003, so he could
also take the position that any charges after that time also cannot be included in
the proposed assessment. He stated that the objection is being filed because he
interprets the court order to state that charges can only be included after date of
the order of September 2002 order.
Tom Sims, stated he offered to settle this issue one and a half years ago for
$5400 but never received agreement from the city. He also stated that before he
closed on this property he tried numerous times to get the costs incurred by the
city and couldn't get an answer from the city's attorney Mr. Shirley.
Brown questioned where responsibility for these charges falls, with the previous
owner, the bank, or Sims.
Dean stated there may be some dispute over the amount of some charges but
the real issue is if the charges occurred during a certain window so they are
recoverable through the special assessment process. He also said that Mr.
Shirley works in his office and he has all confidence that he would never withhold
supplying information that he had. He stated Mr. Dalen is indicating a provision
in the order giving a window of dates but there is another portion of the order
indicating that in the event the owner of the property complies with the request
and does the work himself, that the city would be entitled to reimbursement for its
costs incurred. He thinks there is an argument that the amount of fees incurred
for engineering and legal costs for steps taken to effectuate the abatement of
hazardous property conditions can be assessed. Dalen's view is that they can
only recover the costs if the property owner doesn't abate the situation and the
city has to perform the abatement.
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Mound City Council Minutes -February 14, 2006
The public hearing was closed at 8:37 p.m.
MOTION by Specht to adopt the resolution setting the assessment at $11,500,
splitting the costs of the proposed assessment. Motion died for lack of a second.
MOTION by Brown, seconded by Osmek to settle this abatement for $5500,
which was the amount previously offered by Sims. This will put an end to the
issue and the city will not incur any more expenses connected with the objection.
This amount is agreeable with Mr. Sims.
John Dean stated that this motion assumes settlement by a cash payment rather
than a special assessment. Osmek withdrew his second and Brown withdrew his
motion.
MOTION by Brown, seconded by Osmek to adopt the following resolution,
reducing adopted assessment amount from $23,019.77 to $5,500.00. The
following voted in favor: Osmek, Brown, Beise and Meisel. The following voted
against: Specht. Motion carried.
RESOLUTION NO. 06-27: RESOLUTION ADOPTING ASSESSMENT FOR
HAZARDOUS CONDITION ABATEMENT
Dean stated that the lis pendens on this property will be removed upon payment
of the assessment.
7. Adopt Resolution providing for Bond Sale
Dave Callister of Ehlers & Associates presented the bond details associated with
the 2006 bond sales.
MOTION by Brown, seconded by Osmek to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 06-28: RESOLUTION PROVIDING FOR THE SALE OF
$1,600,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES
2006A; $1,240,000 GENERAL OBLIGATION UTILITY REVENUE BONDS,
SERIES 20066; $315,000 GENERAL OBLIGATION EQUIPMENT
CERTIFICATES, SERIES 2006C
8. Action on Agreement for Professional Services with Bolton &Menk
Public Works Director Carlton Moore reviewed the completed interview process
for city engineering services. He introduced Dan Faulkner and Kreg Schmidt of
Bolton &Menk, along with their agreement for professional services.
MOTION by Osmek, seconded by Brown to enter into the Agreement for
Professional Services with Bolton &Menk. All voted in favor. Motion carried.
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Mound City Council Minutes -February 14, 2006
9. Review of Board of Appeals and Adjustment request by Mike and Judy
Gardner at 1599 Bluebird Lane
Sarah Smith reviewed a request from Mike and Judy Gardner to include the 15'x
160' section of unimproved woodland Road in the square footage to their
property located at 1599 Bluebird Lane for the purpose of calculating hardcover.
The Planning Commission reviewed this request and denied it with a vote of 6 to
2. The question came up as to if this request violates the previous legal
settlement on Woodland Point. Dean stated that it does not. The right of
passage given in the previous action to the users of the multiple dock is
unaffected by this proposed action.
MOTION by Osmek, seconded by Specht to approve the request to allow the
north '/z of unimproved Woodland Road be included in the square footage of their
property at 1599 Bluebird Lane for the purpose of calculating hardcover. The
following voted in favor: Osmek, Specht and Meisel. The following voted
against: Brown and Beise. Motion carried.
10. Consider Motion to Amend Something Previously Adopted as it Relates
to the City Council Minutes of December 13, 2006.
MOTION by Brown, seconded by Osmek to approve the December 13, 2006
minutes as amended to read that Meisel voted against the motion to adopt the
Resolution to Approve the Levy for the Housing and Redevelopment Authority for
the year 2006. All voted in favor. Motion carried.
11. Miscellaneous/Correspondence
A. Questions and comments from Councilmembers -Meisel read a letter from
Skip Johnson regarding the proposed partnership between the Gillespie Center
and Ridgeview Medical Center. He letter voiced concern over this proposal and
stated that he feels it in the best interest of Mound, Minnetrista and Spring Park
to commit funding to the operation of the Senior Center in order to keep it as a
viable facility. Discussion followed regarding a possible joint power agreement,
and the direction that the Foundation Board and Senior Board want to go. Future
meetings will be held on this proposal.
B. Reports: Mound Fire Department
C. Minutes: January 9, 2006 and January 23, 2006 Planning Commission
D. Correspondence: (1) Letter of resignation from Corey Wiebusch -Brown
expressed appreciation for Wiebusch's service on the Police Department.
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Mound City Council Minutes -February 14, 2006
(2) Letter of resignation from Michael Mueller -Brown again
expressed appreciation for Mueller's 19+ years of service on the Planning
Commission.
(3) News release from Government Finance Officers Assn.
(4) LMC 2007-2008 Policy Committee membership
12. Adjourn
MOTION by Osmek, seconded by Specht to adjourn at 9:24 p.m. All voted in
favor. Motion carried.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
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