2006-10-24^
MOUND CITY COUNCIL MINUTES
OCTOBER 24, 2006
The City Council of the City of Mound, Hennepin County, Minnesota, met in
regular session on Thursday, October 24, 2006, 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 Manager Kandis Hanson, City
Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public
Works Director Carlton Moore, City Engineer Dan Faulkner, Jason hirdler, Joyce
Slack, Dorothy Gerard, D. Johnson, Bernie Hames, Beatrice Amidon, Ray
Salazar, Jim & Melissa Murphy, Jon & Cheryl Hibbard, Mark Hanus, Danielle
Wunderlich, Marsha Bjerke, Kelvin Retterath, Kevin Borg, Tim Turnbull.
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 vofe. 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 addition of 4H, Public Gathering Permit.
MOTION by Osmek, seconded by Specht to approve the agenda as amended.
All voted in favor. Motion carried.
4. Consent Agenda
MOTION by Beise, seconded by Osmek to approve the consent agenda. Upon
roll call vote, all voted in favor. Motion carried.
A. Approve minutes of October 10, 2006 regular meeting
B. Approve payment of claims in the amount of $733,935.67.
C. RESOLUTION NO. 06-120: A RESOLUTION APPROVING
FRONT/SIDE SETBACK VARIANCES FOR REMODEL/ADDITION
PROJECT AT 5045 AVON DRIVE. PID #24-117-24-13-0006.
D. Amendments to City Code:
1. ORDINANCE NO. 20-2006: AN ORDINANCE AMENDING SECTION
300 OF THE CITY CODE AS IT RELATES TO THE BUILDING CODE
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Mound City Council Minutes -October 24, 2006
2. ORDINANCE NO. 21-2006: AN ORDINANCE AMENDING SECTION
380 OF THE MOUND CITY CODE AS IT RELATES TO
ESTABLISHING LAND USE FEES FOR THE CITY OF MOUND
E. Approve Payment Request No. 1 from Champion Coatings, inc., for
$154,850 for the repainting of the Island Park Standpipe Project
F. Approve the extension of the Recycling Contract with Waste Management
until March 31, 2007.
G. RESOLUTION N0.06-121: RESOLUTION APPROVING A PREMISES
PERMIT APPLICATION FOR GAMBLING AT V.F.W. POST 5113
H. Approve Public Gathering Permit for November 16th Annual Tree Lighting
Ceremony as applied for by Lake Minnetonka Chamber of
Commerce/Mound Businesses, with fee being waived as requested.
5. Comments and suggestions from citizens aresent on anv item not on
the agenda. -None were offered.
6. Public Hearings
B. Assessment Hearing on CBD Parking Maintenance Assessment
Mayor Meisel opened the hearing at 7:35 p.m., and upon hearing no comment,
closed the public hearing at 7:36 p.m.
MOTION by Osmek, seconded by Brown to adopt the following resolution. All
voted in favor. Motion carried:
RESOLUTION NO. 06-122: RESOLUTION ADOPTING 2006 CBD
MAINTENANCE ASSESSMSENT ROLL TO BE CERTIFIED TO THE COUNTY
AUDITOR AT 8% INTEREST -LEVY #16689.
A. Assessment Hearing for Miscellaneous Nuisance Abatements (mowing and
removal of debris)
Mayor Meisel opened the hearing at 7:36 p.m., and upon hearing no comment,
closed the public hearing at 7:37 p.m.
MOTION by Specht, seconded by Brown to adopt the following resolution. All
voted in favor. Motion carried:
RESOLUTION N0.06-123: RESOLUTION ADOPTING ASSESSMENT FOR
MISCELLANEOUS PROPERTY IMPROVEMENTS AND CERTIFYING TO THE
COUNTY AUDITOR AT 8% INTEREST -LEVY #16690.
C. Assessment Hearing for 2006 Street Reconstruction Project
Dan Faulkner reviewed the scope of the project, project costs, and the proposed
assessment.
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Mound City Council Minutes -October 24, 2006
Mayor Meisel opened the public hearing at 7:46 p.m.
Beatrice Amidon, 1909 Lakeside Lane, requested a copy of the overheads that
Dan Faulkner had presented.
Jim DeLuise, on behalf of Marsha Bjerke, 1737 Sumach Lane, stated that it was
not apparent to Mrs. Bjerke that she would receive an assessment of this
magnitude when she received the notice. If she has been aware of the
magnitude, she would have opposed it at the earlier hearing. He also stated that
the other objection is how the assessment is spread, which is by lot instead of
front footage. He was also very concerned about the overall impact of such an
assessment on someone with very limited income, and that the policy in place
doesn't address this hardship. City Attorney John Dean stated that the city
complies with state statutes on the assessment process.
Kelvin Retterath, 2618 Grove Lane, reiterated regarding the method of
establishing the assessment, stating that he feels that a larger lot should have a
larger assessment, in particular on a cul-de-sac where a person may only have a
few front feet, versus the owner with 200+ lineal feet.
A letter from Mark Christensen, 5805 Beachwood Road, was received for the
record. He opposed the proposed assessment.
Beatrice Amidon, 1909 Lakeside Lane, asked why the City of Minnetonka didn't
get assessed for their street projects, and Carlton Moore explained that that city
includes the street costs into the general tax base, so every homeowner is
paying for streets on a yearly basis.
Marsha Bjerke, 1737 Sumach Lane, stated that she has lived in Mound for 30
years, raised her children here, and makes about $12,000/year. She doesn't
even own a car, yet is expected to pay this street assessment. She may not be
able to stay in her home because she can't afford the insurance, taxes, utilities,
and food.
Upon no further comments being offered, Mayor Meisel closed the hearing at
8:08 p.m.
Brown asked legal counsel of there is anything the city can do for residents like
Ms. Bjerke, and John Dean answered that the city is limited by statute as to what
can be done, but that he will look into it further.
MOTION by Specht, seconded by Brown to adopt the following resolution. All
voted in favor. Motion carried.
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Mound City Council Minutes -October 24, 2006
RESOLUTION NO. 06-124: RESOLUTION ADOPTING ASSESSMENT FOR
2006 STREET RECONSTRUCTION PROJECT -LEVY #16693.
7. Update from Kevin Borq, Superintendent of Westonka Schools
Kevin Borg, Superintendent of Westonka Schools, gave an overview and update
on the school's progress and accomplishments.
8. Report from Tim Turnbull of Hennepin County Emergency Preparedness
on Bird Flu Pandemic Preparation
Tim Turnbull, Director of Hennepin county Emergency Preparedness, informed
the Council about changes in emergency management and preparations for a
possible Bird Flu Pandemic.
9. Review/Action on Resolution for Waiver of Platting
Planning Case No. 06-31 and 06-34 -Applicants: John & Cheryl Hibbard of 3206
Westedge Boulevard
Sarah Smith reviewed the applications for waiver of platting and
setback/hardcoveryariance to subdivide the property located at 3206 Westedge
Blvd to create (2) lots. As proposed, the lot split will follow the lot line(s) of the
original subdivision that was approved in the 1970's. Under normal conditions
this proposal qualifies for waiver processing as the parcels are going back to
their approved configuration, however, as the existing house on Parcel 1 is
located 9.2 feet from the north boundary abutting Parcel 3 (which includes the
vacant lot), the applicant is requesting variance approval from the required 10
foot setback. Additionally, a hardcover variance is being requested for Parcel 1
(house parcel).
MOTION by Osmek, seconded by Specht to approve the waiver of platting and
direct staff to prepare a resolution for adoption at the next meeting. All voted in
favor. Motion carried.
MOTION by Osmek, seconded by Brown to approve the setback variance and
have staff prepare a resolution that includes findings of fact, for consideration at
the next council meeting. All voted in favor. Motion carried.
MOTION by Osmek, seconded by Brown to approve the hardcover variance and
direct staff to prepare a resolution that includes findings of fact, for consideration
at the next council meeting. All voted in favor. Motion carried.
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Mound City Council Minutes -October 24, 2006
10. 2007 Street Reconstruction Proiect
Dan Faulkner presented the feasibility study for the 2007 Street Reconstruction
Project, reviewing the scope of the project and projected estimated costs.
MOTION by Specht, seconded by Beise to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 06-125: RESOLUTION RECEIVING REPORT AND
CALLING HEARING ON 2007 STREET RECONSTRUCTION PROJECT
11. Miscellaneous/Correspondence
A. Comments/reports form Council Members -Specht commended the
football players and students for their performance, and behavior at the
recent Homecoming Game.
Osmek thanked the mayoral candidates that have been attending
Council meetings since they filed for office, stating that the two other
candidates for Council have not attended any meetings since filing
closed. He also questioned the accuracy of some information on
Mayor Meisel's website.
B. Reports: PC Minutes -September 11 & 25, 2006.
Final Housing Score -Met Council Livable Communities
Westonka Healthy Community Collaborative
C. Correspondence: Mediacom letter
WeCan letter
Resignation of Maintenance Worker Rick Todd
LMCC November 2006 Schedule
12. Adjourn
MOTION by Brown, seconded by Osmek to adjourn at 9:42 p.m. All voted in
favor. Motion carried.
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~~-cam..
Attest: Bonnie Ritter, City Clerk
May r at easel
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