2006-11-14
MOUND CITY COUNCIL MINUTES
NOVEMBER 14, 2006
The City Council of the City of Mound, Hennepin County, Minnesota, met in
regular session on Thursday, November 14, 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, City
Engineer Dan Faulkner, City Engineer Tech Ray Hanson, Rick & Cheryl Libra,
Jason Graves, Donna Smith, David Babler, Matt & Kelly Princivalli, Taylen
Thorstenson, Kathy & Dan Rice, Cheryl Hibbard, Steffan Madsen, Steven
Eichens, Brian Welch, Greg Smith, Mark McNeil, Marcia Jerdee, Cheryl Martin,
Scott Sprague, Mike Schoephoerster, Larry Connolly, Bruce Dodds, Chris Loew,
Perry & Dorene Hanson, Chuck O'Grady, Dave & Gloria Briggs, Betsy Brady,
Mark Hanus, Jon & Justine Goode, Doug Dahm, John Turnacliff, Ted Manly,
Katrina Wolf, Chad & Sheila Reuter, Michael Colestock, Dorothy Gray, Orella
Hanson, Gene Hanson, Ray Salazar, Darlene Bjork, Dean Swanson, Steve
Lievers, Dean and Laura Sulander, James Murphy, Dave Hunt, Mike Colestock,
Jeff Anderson.
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
John Dean requested the addition of Item 7A, Consideration of Directing the City
Attorney to submit a request for an Attorney General's Opinion relating to the
question if the Public Works Superintendent and City Council Member are
incompatible.
MOTION by Beise, seconded by Osmek to approve the agenda as amended. All
voted in favor. Motion carried.
Mound City Council Minutes -November 14, 2006
4. Canvassing and Declaring Results of November 7, 2006 Municipal
Election
MOTION by Osmek, seconded by Beise to adopt the following resolution. all
voted in favor. Motion carried.
RESOLUTION NO. 06-126: RESOLUTION TO CANVASS RETURNS AND
DECLARE THE RESULTS OF THE MUNICIPAL GENERAL ELECTION OF
NOVEMBER 7, 2006.
5. Consent Agenda
MOTION by Osmek, seconded by Beise to approve the consent agenda. All
voted in favor. Motion carried.
A. Approve minutes of October 24, 2006 regular meeting
B. Approve payment of claims in the amount of $1,439,559.79.
C. Approve payment of claims:
1. Payment Request No. 6 from Hardrives, Inc., in thea mount of
$383,395.74 for the 2006 Street Improvement Project
2. Final payment to Veit & Company in the amount of $139,323.84
for the Lost Lake Dredge
3. Payment Request No. 3 from Magney Construction in the
amount of $152,127.85 for the Well #3 Pumphouse
Improvement
D. RESOLUTION NO. 06-127: RESOLUTION TO APPROVE REQUEST
FROM JOHN AND CHERYL HIBBARD FOR WAIVER OF PLATTING
AND VARIANCE(S) APPROVAL FOR PROPERTY LOCATED AT
3206 WESTEDGE BOULEVARD, TO CREATE TWO (2) LOTS. PID
#23-117-24-33-0028.
E. ORDINANCE NO. 22-2006: AN ORDINANCE AMENDING SECTION
365 OF THE CITY CODE AS IT RELATES TO SIGNS
6. Comments and suggestions from citizens present on anv item not on
the agenda. -None were offered.
7. Public Hearing: Improvement Hearing for 2007 Street Proiect
Dan Faulkner, City Engineer from Bolton & Menk, gave the history of the overall
street project and reviewed the specifics of the 2007 Street Improvement Project,
along with estimated project costs and assessments.
Mayor Meisel opened the public hearing at 7:49 p.m.
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Mound City Council Minutes -November 14, 2006
Steffan Madsen, 2586 Avon Drive, asked about the apron concept because he
will be putting in a paver driveway and didn't want tar going in the last 3' of his
driveway. He was told that the apron is concrete and they join the street to the
driveways.
Kathy Rice, 2044 Arbor Lane, asked if her street would get new curb and gutter if
there are none there now. Ray Hanson answered that a new watermain is being
proposed for Arbor Lane, and it is still to be determined if they will put in one
continuous driveway apron, regular curb and gutter, surmountable curb, or a
combination. Rice also expressed concern over having access to their
properties, with Arbor being a dead end and a narrow street. Ray Hanson stated
that they want to stage the work so they start on the end and work their way out,
and will always be mindful to keep one side open for emergency vehicles and
access.
Dan Faulker explained that the plans are to have the contractor drill under
Harrison Bay from Arbor Lane to the Three Points area, so residents will likely
see that construction before the actual street work begins.
Donna Smith, 2531 Avon, questioned if watermain work was going to be done in
her area and she was informed that the utilities will be evaluated and repaired as
needed.
Jason Graves, 4861 Edgewater, stated he would like to reconfigure his driveway
at the same time the project is being done. Ray Hanson stated he will visit the
property and determine if this is feasible.
Steve Lievers, 5115 Bartlett Blvd, stated his driveway is at the end of Channel
Road and asked if this street was going to be widened. Ray Hanson informed
him that drainage has to be taken into consideration in that area and they won't
know until it is looked at more closely.
Mark McNeil, 5054 Bartlett Blvd., stated he is surrounded by three streets,
Bartlett, Fairview and Chateau, and asked how he will be assessed. He was
informed that he will get assessed for 2/3 of a unit and the other 1/3 when Bartlett
is improved. Osmek then explained about the process when MSA roads are
improved.
Laura Sulander, 2524 Emerald Drive, asked about the cost for mill and overlay
and stated that her street is not that bad and she doesn't feel it needs to be
improved at this time.
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Mound City Council Minutes -November 14, 2006
Jim Murphy, 5045 Avon Drive, asked about the cost of overlay vs. replacing the
total surface, and now many lineal feet are in this project. Faulkner answered the
cost question and that there are approximately 19,000 lineal feet in this project.
Steffan Madsen, 2586 Avon Drive, asked if the estimate given included interest,
and he was told that it does not.
Mike Schoephoerster, 2550 Lakewood Lane, stated that Lakeview Lane used to
be a shortcut and heavily traveled when the liquor store was located there and
traffic still tends to be fast through there. He asked if speed bumps could be put
in and Brown stated that speed bumps create problems for snow plows and
informed him to contact the Police Department regarding the speeding traffic.
Upon no further public comment, Mayor Meisel closed the public hearing at 8:15
p.m.
MOTION by Osmek, seconded by Specht to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 06-128: RESOLUTION ORDERING IMPROVEMENT AND
PREPARATION OF PLANS FOR 2007 STREET RECONSTRUTION PROJECT
2007 RETAINING WALL RECONSTRUCTION PROJECT, AND LOST LAKE
GREENWAY EXTENSION TO CYPRESS LANE
7A. Consideration of directing the City Attorney to submit a request for an
Attorney General's opinion relating to the question if the Public Works
Superintendent and City Council Member are incompatible.
John Dean stated that results of the election brought into focus an issue that had
been earlier brought to his attention, and that is whether or not election to the
City Council of an individual who is also the Public Works Superintendent creates
incompatibility of offices. He is recommending that the City Council direct him to
make a request an opinion from the Minnesota Attorney General to determine if
these are incompatible offices.
Specht stated that he contacted the League of Minnesota Cities and was
informed that they cannot give an opinion but there are other cities where
employees are members of the City Council.
Osmek stated that the Attorney General's opinion will protect the city. If the
Attorney General says the positions are compatible, that's the end of it.
Mayor Meisel stated that she feels that this opinion should have been asked for
in September when it was first brought up, and not after the election has been
held and the candidate put forth all the campaign expense.
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Mound City Council Minutes -November 14, 2006
Mayor Meisel stated was informed that there are citizens in the audience that
would like to speak on this issue.
Jeff Anderson, 2221 Southview Lane, stated that he can't believe that this is
taking place. He indicated that the only person that can contest this election is
Bob Brown and he has never made an attempt to do so. In his opinion this is
back-door politics to try to remove a person from office that the public voted in.
He indicated that Mayor Elect Hanus and Councilmember Elect Osmek are
behind this and he feels it's pathetic. The city had an ection and now they are
trying to replace a man that has served this community and served it well.
Bruce Dodds, 3021 Dickens Lane, stated to Osmek that all his campaign
literature stated that he was the fiscal hawk and asked then why is he in favor of
wasting tax payer dollars when the taxpayers voted someone in. He asked why
this was not addressed before the election. Doing it now makes a farce out of
our elections.
Osmek stated that this was brought up in September but the issue didn't exist
until the candidate won. He is just making sure that the city doesn't get drug
through the courts because of not following statutes. If the Attorney General's
office says it's legal, then it's legal and the case is over. He's not getting anyone
thrown out of office, just asking if compatibility exists based on state statute.
Mike Colestock, 6261 Deerwood Drive, stated that he believes the
incompatibility is not the issue, because the city could have gone to the Attorney
General prior to this, but the issue is the use of city money. He doesn't believe
that there is a conflict, because, for example, school board members have
children in the schools, etc. The people who voted for Greg Skinner, as those
that didn't, were aware that he was a city employee. Those that voted for him
didn't feel there was a conflict. He's accountable to the voters, not fellow
councilmembers. The voters are best able to determine who they want to
represent them.
Meisel stated that she also wishes the issue was handled back in September.
Specht asked the City Attorney what the cost would be to obtain this opinion and
John Dean answered that his costs would range from $1500 to $2000.
MOTION by Osmek, seconded by Brown to direct the City Attorney to prepare
and submit a request to the Attorney General as to the compatibility of office for
the Public Works Superintendent and City Council member. Meisel stated that
she would love to vote against this motion because of the dollars involved and
that it's for others' political gain, but she feels the city owes it to Greg to get a
determination so that his job as Public Works Superintendent is not jeopardized.
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Mound City Council Minutes -November 14, 2006
The following voted in favor: Osmek, Beise, and Meisel. The following voted
against: Specht. Brown abstained from voting. Motion carried.
Mayor Meisel turned the meeting over to Acting Mayor Beise for the next item.
8. Action on resolution authorizing disbursing agreement for Villas on Lost
Lake
MOTION by Brown, seconded by Osmek to adopt the following resolution. The
following voted in favor: Osmek, Brown, Specht, Beise. The following voted
against: none. Mayor Meisel abstained from voting. Motion carried.
RESOLUTION NO. 06-129: RESOLUTION APPROVING DISBURSING
AGREEMENT REDUCTION REQUEST NO. 3 FOR VILLAS ON LOST LAKE
CONSTRUCTION PROJECT
Mayor Meisel returned to preside over the balance of the meeting.
9. Miscellaneous/Correspondence
A. Comments/repots from Councilmembers: none.
B. Reports: None
C. Correspondence: Gillespie Gizette: Mediacom
10. Adjourn
MOTION by Brown, seconded by Osmek to adjourn at 8:50 p.m. All voted in
favor. Motion carried.
i~ C~
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
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