2002-10-22MOUND CITY COUNCIL MINUTES
OCTOBER 22, 2002
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, October 22, 2002, 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 Engineer John
Cameron, Finance Director Gino Businaro, Phillip Mitchum, Bryan Helland, Marc Hope,
Kristin & John Beise, Mary Jo Larson, Lois & Al Sage, Deb Grand, Randy & Gretchen
Olson, Rick & Barb Roberts, R. Goodfellow, Ann Eberhart, Bart Roeglin
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
Councilmember Brown requested the addition of item 14N, information from the Planning
Commission, and Hanus requested the addition of 10B, Post Office Lease.
MOTION by Brown, seconded by Hanus to approve the agenda as amended. All voted in
favor. Motion carried.
4. CONSENT AGENDA
MOTION by Brown, seconded by Osmek to approve the consent agenda as presented.
Upon roll call vote, all voted in favor. Motion carried.
A. Approve minutes from the August 20, 2002 special meeting and September 24,
2002 regular meeting.
B. Approve payment of the October 8, 2002 claims in the amount of $258,360.90.
Approve payment of the October 22, 2002 claims in the amount of $217,543.14.
C. Acknowledge that no bids were received for snow removal for parking lots in the
Central Business District.
D. Approve contract with Widmer, Inc., per quote dated 9/19/02.
E. Approve payment request #1 to Dave Perkins Contracting in the amount of
$154,923.51 for the 2002 storm sewer improvement project.
F. Approve final payment request to S.M. Hentges for $5,054.33 for the Westedge
Boulevard Watermain Improvements.
Mound City Council Minutes - October 22, 2002
G. Approve setting bid opening for old post office demolition for November 6, 2002, at
11:00 a.m.
H. Approve setting public hearing to amend business subsidy criteria for November 12,
2002, at 7:30 p.m.
5. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON
THE AGENDA.
None were offered.
6. PUBLIC HEARINGS
A. Central Business District Maintenance Assessment
Mayor Meisel opened the public hearing at 7:40 p.m. and asked for public comment. No
comments were offered and the public hearing was closed at 7:41 p.m.
MOTION by Osmek, seconded by Brown to adopt the following resolution. The following
voted in favor: Brown, Hanus, Osmek and Meyer. The following voted in the negative:
None. Mayor Meisel abstained from voting because she owns property within the CBD.
RESOLUTION NO. 02-100: RESOLUTION ADOPTING 2002 CBD PARKING
MAINTENANCE ASSESSMENT ROLL TO BE CERTIFIED TO THE COUNTY AUDITOR
AT 6% INTEREST. LEVY #15603.
B. Delinquent Water & Sewer Bill Assessments
Mayor Meisel opened the public hearing at 7:44 p.m., and asked for public comment.
comments were offered and the public hearing was closed at 7:45 p.m.
No
MOTION by Brown, seconded by Osmek to adopt the following resolution All voted in
favor. Motion carried.
RESOLUTION NO. 02-101: RESOLUTION ADOPTING DELINQUENT WATER &
SEWER ASSESSMENT ROLL TO BE CERTIFIED TO THE COUNTY AUDITOR AT 6%
INTEREST. LEVY #15604.
C. Hazardous Tree Removal Assessment
Mayor Meisel opened the public hearing at 7:45 p.m. and asked for public comment.
comments were offered and the public hearing was closed at 7:46 p.m.
No
MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 02-102: RESOLUTION ADOPTING ASSESSMENT ROLL FOR
HAZARDOUS TREE REMOVAL, TO BE CERTIFIED TO THE COUNTY AUDITOR AT
6% INTEREST.
2
Mound City Council Minutes - October 22, 2002
D. Assessment for Westedqe Boulevard Improvement Project
City Engineer John Cameron gave the history of this project, stating that the total project
costs that the preliminary assessment roll was figured on, was $291.905. The total cost
was spread, having the City share 15%, Rottlund Homes 75%, and Mound Properties
10%. Since the preliminary roll was prepared, additional costs have been incurred that
raise the project cost to $299,505, and the project is not yet completed. Cameron feels the
remainder of the project will be pretty close to preliminary estimates.
It is noted that written objections for this assessment have been received from R.H.
Development, Phil Mitchum & Colleen Hentges, Richard Roberts, Alfred & Lois Sage, Mary
Jo Larson, and Bart Roeglin. A written objection was also received from Randy &
Gretchen OIson and was withdrawn at this meeting.
Cameron stated that the City's assessment policy of 1976 bases street assessments on
front footage, but this preliminary assessment is based on a per/unit basis because the
parcels are of similar size and use. There are 6 ½ parcels on Westedge being assessed.
The ½ parcel comes from the property that is on the corner of Lynwood and Westedge
because this property has a driveway off of Lynwood rather than Westedge. City Attorney
Dean stated that the manner of front footage assessment is used more in commercial
settings in the Metro area. The per unit assessment used in this preliminary roll is an
acceptable and widely used method.
Mayor Meisel opened the public hearing at 8:18 p.m.
Brian Helland, 6261 Ladyslipper Circle, questioned his assessment because he has zero
footage on Westedge and is in the Langdon Bay Development. It was explained to him
that the Westedge Boulevard improvement was part of the Langdon Bay Development
approval and agreed to by the developer.
Lois Sage, 6351 Lynwood Blvd., respectfully disagreed with the city engineer, stating that
she's not against paying an assessment but feels that it should be a fair one - that $2200
is not fair for 30' of property.
Bart Roeglin, 2260 Westedge Boulevard, presented a "Refusal for Cause Without
Dishonor" to the Council and read it aloud.
Al Sage, 6351 Lynwood Blvd., stated that he previously asked Cameron how they were
being assessed and was told the parcels were being assessed equally except his because
he doesn't have a driveway on Westedge.
Philip Mitchum, 2232 Westedge, questioned the council as to why he's being asked to pay
for Rottlund's streets and the Minnetrista portion of Westedge. The project share
percentages were again reiterated. There was also discussion regarding the additional
traffic and speed that an improved street will encourage.
3
Mound City Council Minutes - October 22, 2002
Mary Jo Larsen, 2246 Westedge Blvd., stated she is a single income household and can't
afford this assessment. She doesn't feel that it adds any value to her property.
Barb Roberts, 2274 Westedge Blvd., stated that the only reason to improve the street was
because of the new housing development. She feels her property value is affected
negatively, not positively.
Richard Roberts, 2774 Westedge Blvd., informed the Council that since the watermain has
been improved his water pressure is less than before and he's had rusty water.
Randy Olson, 6253 Ladyslipper Circle, stated he doesn't feel it fair to put the burden on six
property owners.
After discussion, it was the decision of the Council to have Cameron refigure the
assessment for the abutters of Westedge, using the frontage formula. Osmek requested
the new calculations, but that no property's assessment can go over what was presented
on the preliminary roll.
MOTION by Brown, seconded by Osmek to adjourn the Westedge Assessment Hearing
until Monday, October 28, 2002 at 7:00 p.m. All voted in favor. Motion carried.
MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 02-103: RESOLUTION ADOPTING ASSESSMENT FOR
WESTEDGE BOULEVARD IMPROVEMENT PROJECT
Mayor Meisel called a recess at 9:23 p.m., and the meeting reconvened at 9:37 p.m.
7. UPDATE AND DISCUSSION ON PUBLIC SAFETY FACILITY PROJECT
Kandis Hanson provided the Council with an update on the Public Safety Facility Project.
8. REQUEST FROM HENNEPIN COUNTY OF RELEASE OF TAX-FORFEIT PARCEL
Sarah Smith reviewed the request for a parcel at Cardigan Lane and Wilshire Blvd.
Discussion followed regarding why this request wasn't reviewed by the Parks Commission
and Smith informed the Council that the Parks Director had signed off on the request,
stating that he didn't think it applicable to the Parks Commission.
MOTION by Brown, seconded by Osmek to adopt the following resolution. The following
voted in favor: Brown, Hanus, and Meisel. The following voted against: Osmek and
Meyer. Motion carried.
4
Mound City Council Minutes - October 22, 2002
RESOLUTION NO. 02-104: RESOLUTION APPROVING RELEASE OF HENNEPIN
COUNTY TAX-FORFEIT PARCEL LOCATED AT INTERSECTION OF WILSHIRE
BOULEVARD AND CARDIGAN LANE AND AUTHORIZING SALE TO ADJACENT
PROPERTY OWNERS.
9. REQUEST FOR REDUCTION ON LETTER OF CREDIT FROM R.H. DEVELOPMENT
MOTION by Brown, seconded by Hanus to approve the reduction on the letter of credit
from R.H. Development to the new amount of $246,986.76. All voted in favor. Motion
carried.
10. PLANNING COMMISSION RECOMMENDATION
Case #02-27/02-37: Marshall' & Stacy Mittelstaedt - Waiver of PlattinqNariances.
Sarah Smith reviewed the application to create a new "buildable" parcel which would front
Dove Lane., along with an additional variance to recognize the existing house size of 757
sq. ft. on Lot 7, which is less than the 840 minimum. Hanus made a statement of fact that
the former lot has a substandard size home, but there is ample space on the new lot to
provide a home that meets the 840 sq. ft. and 30% hardcover requirements.
Meyer feels that an individual is being given special treatment in this case and strongly
disagrees with this and will vote against it.
MOTION by Brown, seconded by Osmek to adopt the following resolution. The following
voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer.
Motion carried.
RESOLUTION NO. 02-105: RESOLUTION TO APPROVE REQUEST FROM
MARSHALL AND STAClE MITTELSTAEDT FOR WAIVER OF PLATTING AND
VARIANCE(S) APPROVAL TO SUBDIVIDE LOTS 7,8,9,'16 AND 17, BLOCK 10,
WOODLAND POINT, HENNEPIN COUNTY, MINNESOTA. P& Z CASE #02-28 AND
#02-37. PID #13-117-24-12-0178.
10B. POST OFFICE LEASE EXTENSION
Hanus stated that he disagrees with extending the post office lease until December 15,
2002. A letter to the USPS from the City Manager dated October 15, 2002, states that
they can occupy the site until December 15, past the expiration date of September 30, at
the same lease rate. He feels that this rate should be higher to put some pressure on the
USPS to vacate the premises.
MOTION by Osmek, seconded by Meyer to extend the post office lease agreement until
December 15, 2002, as presented. The following voted in favor: Brown, Meisel, Osmek
and Meyer. The following voted against: Hanus. Motion carried.
11. ENGINEER'S PRELIMINARY DISCUSSION ON ASSESSMENT POLICIES
John Cameron presented a draft of the proposed assessment policy and a suggested
2003 project area for consideration at the November 12, 2002 Council meeting.
5
Mound City Council Minutes - October 22, 2002
No action was taken on this item and it will be revisited on November 12, 2002.
12. SET SPECIAL MEETINGS
There were three dates specified as future special Council meetings. Two are needed for
budget workshops and one is needed for a development update with Hennepin County on
CSAH 15. These special meeting dates are: November 7, November 21 and November
25, 2002. The budget meetings will begin at 6:30 and the Development Update at 7:00
p.m. More details of which meetings will be held when, will be forthcoming.
13. SRA REPORT - COUNClLMEMBER HANUS
Hanus reported that the previous pre-buy program offered by Minnegasco was discovered
to have some questionably bidding processes. Several groups got involved in the
mediation, one of them being SRA. They settled for $1 million credit to to back to the
people of this program. This was an update, with no action needed.
14. INFORMATION/MISCELLANEOUS
A. Correspondence: Mound Westonka Schools
B. Redevelopment Project Team update
C. Report: Finance Department through September, 2002
D. Correspondence: LMCD
E. Update: Deamwood lawsuit
F. Report: Mound Police Department-September, 2002
G. Update: Relocation of lift station by Met Council
H. Report: HRA insurance premium for 2002
I. Notice: CenterPoint Energy/Minnegasco
J. Newsletter- Gillespie Center
K. Award: Finance Director Gino Businaro
L. Report: CDBG Project Status report
M. FYI: Notice to vacate US Postal Service
N. Planning Commission - Brown stated that the Planning Commission would like to have
the nuisance ordinance looked at where PODS are concerned, among other things. It was
suggested that after the first of the year the Planning Commission and Council have a joint
meeting to discuss amendments to the nuisance ordinance.
15. ADJOURN
MOTION by Osmek, seconded by Brown to adjourn the meeting at 10:55 p.m. All voted in
favor. Motion carried.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
6