2008-08-12MOUND CITY COUNCIL MINUTES
AUGUST 12, 2008
The City Council of the City of Mound, Minnesota, met in regular session on Tuesday,
August 12, 2008, at 7:30 p.m. in the council chambers of city hall.
Members present: Mayor Mark Hanus; Councilmembers David Osmek, John Beise, and
Greg Skinner
Members absent: Councilmember Mike Specht
Others present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk
Bonnie Ritter, Public Works Director Carlton Moore, City Engineer Dan Faulkner,
Amanda Schwarze, Kathy Rice, Dick & Helen Halvarson, Mary Pat McNeil, Greg Smith,
Gene Hanson, Pat McGrath, Jan Zingsheim, Donna Smith, Jason David, Jerry Henke,
Darlene Duvick-Bjork, Mark Bergerson, Larry Melsness, N. Tkachenko, June Dahlquist,
Jim Dustrude, Lisa Jensen, Jason David, Kevin Hultgren.
Consent agenda: All items listed under the Consent Agenda are considered to be
routine in nature by the Council. There will be no separate discussion on these items
unless a Councilmember or citizen so requests, in which even will be remove from the
Consent Agenda and considered in normal sequence.
1. Open meeting
Mayor Hanus called the meeting to order at 7:35 p.m.
2. Pledge of Allegiance
3. Approve agenda
Hanus requested the addition of Item 41, ERF Grant Agreement with Hennepin County.
MOTION by Osmek, seconded by Beise, to approve the agenda as amended. All voted
in favor. Motion carried.
4. Consent agenda
Osmek requested the removal of item 4B(2) from the consent agenda.
MOTION by Osmek, seconded by Beise, to approve the consent agenda as amended.
Upon roll call vote, all voted in favor. Motion carried.
A. Approve payment of claims in the amount of $461,774.11
B. Approve 2008 Incredible Festival permits
1. Temporary sign permit
2. (removed)
3. Exempt permit for bingo
4. Public Dance permit
C. Approve Pay Request No. 2 from S.M. Hentges & Sons in the amount of
$415,406.36 for work on the 2008 Street Improvement Project (PW-08-01)
D. Approve Pay Request No. 2 from Ramsey Excavating, inc. in the amount of
$121,642.89 for work on the Auditor's Road Street Extension Project (PW-08-06)
Mound City Council Minutes -August 12. 2008
E. Approve Pay Request No. 8 from GMH Asphalt, inc. in the amount of
$308,174.00 for work on the 2007 Street Reconstruction project, and reduce
retainer from 5% to 1 % (PW 07-01)
F. Approve Pay Request No. 5 from Kusske Construction in the amount of
$60,425.70 for the 2007 Storm Drainage Improvement Project (PW-07-04)
G. Approve Engineering Services proposal from American Engineering Testing, Inc.
in the amount of $7,500 to perform an analysis of the existing concrete pavement
on Island View Drive and provide improvement options
H. Approve Final Pay Request from Veit & Company for excavation at Lost Lake
Dump in the amount of $158,601.01 (PW-05-11)
I. RESOLUTION NO. 08-79: RESOLUTION TO FORMALLY ACCEPT AN
ENVIRONMENTAL RESPONSE FUND (ERF) GRANT IN THEA MOUNT OF
$10,170 TO CONDUCT ENVIRONMENTAL TESTING IN THE AUDITOR'S
ROAD DISTRICT AND EXECUTING ENVIRONMENTAL RESPONSE FUND
(ERF) GRANT AGREEMENT WITH HENNEPIN COUNTY
4B(2) Approve Temporary On-sale 3.2 Malt Lipuor Permit for Incredible
Festival
Osmek stated he pulled this item from the consent agenda because he is a member
of the Knights of Columbus and will be working at the beer tent. He intends to
abstain from the vote to avoid any possible perceived conflict of interest.
MOTION by Beise, seconded by Hanus to approve the Temporary On-sale 3.2 Malt
Liquor Permit for Our Lady of the Lake for their Incredible Festival on September 6, 7
and 8, 2008. The following voted in favor: Hanus, Beise and Skinner. The following
voted against: None. Osmek abstained. Motion carried.
5. Public hearing
2007 Street Reconstruction Proiect (PW-07-01)
City Engineer Dan Faulkner reviewed the project and gave a breakdown of the project
costs and proposed assessments.
Mayor Hanus opened the public hearing at 7:46 p.m.
Jerry Henke, 2333 Fernside Lane, expressed concern over the angle where his driveway
meets the apron and street. He also stated that there is no drainage pipe behind the
retaining wall in front of his home that was recently replaced. Carlton Moore suggested
that the city have centerline shots taken to determine if the angle is normal or not.
Moore will arrange to meet with Henke on sight to resolve issues.
Kathy Rice, 2044 Arbor Lane, also commented on the apron issue. She lives on the
downside of a hill and the apron is now built so that water will run right into her garage.
Moore will also arrange to meet with them on site.
Darlene Duvick-Bjork, 2189 Fairview Lane, stated that when construction began the
contractor backed over her arborvitae tree and broke off a faucet. No one addressed the
tree, but they replaced the faucet with a metal thing that you can't turn on or off. She
also expressed concern over the bump at the entrance to her driveway. These concerns
will be researched by the City.
Mound City Council Minutes -August 12. 2008
Mark Bergerson, 2385 Chateau Lane, stated that he is happy to pay the assessment
and happy with the work but not with the interest charge on the assessment. He feels
that the people that can't afford to pay it off will be paying more, with the interest charge,
and the people that can afford to pay interest won't be charged any because they will
pay it off within the next 30 days. Hanus explained to him that the City has to pay
interest on the bonds that were issued for the project, and it's hard to get a loan without
interest. Bergerson again stated his satisfaction with the project.
Richard Halvarson, 2501 Emerald Drive, asked if all the property owners on Glendale
were assessed the same amount and Osmek explained the assessment policy as it
relates to the unit and'h unit charge. Halvarson explained that he had a maple tree that
died because of the project and the city removed it but didn't replace it. Moore stated
that past practice has been that if the tree is destroyed because of the project the
resident has the option to have it replaced. Halvarson will be in contact with Moore
about the tree.
Pat McGrath, 2400 Chateau Lane, questioned why he was charged extra for an apron
when he, in fact didn't receive one. Moore checked his notes and stated that it appears
that the charge that was put on 2400 Chateau Lane should have gone on 2440 Chateau
Lane and that McGrath's assessment should be adjusted.
Larry Melsness, 2612 Wilshire Blvd, had the unit method of the assessment policy
explained to him.
Mr. Tkachenko, 4932 Northern Road, asked for clarification of his assessment charges,
and was given the breakdown of the unit plus the apron charge. He also stated that
during construction heavy equipment was parked in front of his driveway. During this
time his daughter hit a piece of the equipment and he now has a $1500 car repair bill
besides the assessment. Osmek stated that if the equipment is blocking his driveway
during off construction hours, he has the right to call the police because he has the right
to access his driveway. Tkachenko will contact the city as far as liability for the car.
June Dahlquist, 5001 Rosedale Road, asked why her assessment is so much higher
than the neighbors and was told that the additional amount is for the apron charge. She
stated that she has a cement driveway and some was wrecked when they dug the hole
in the street for placement of a new hydrant. Osmek stated that this will be looked at
and if found to be the result of the hydrant placement, it will be charged to the utility fund.
Jim Dustrude, 2001 Arbor Lane, stated he was also speaking for the owners of 2003 and
2009 Arbor Lane. He stated their properties aren't directly served by the public street
because they have a private road that continues beyond the cul-de-sac that they
maintain themselves. Moore stated that there are numerous properties on Three Points
and the Highlands where private drives go to other parcels behind abutting properties
and all parcels get assessed for one unit. The apron charge should be split equally
between the properties, which is what it shows on the proposed final assessment roll.
Dustrude also questioned the height of the manholes and Moore will have this reviewed.
Mound City Council Minutes -August 12. 2008
Donna Smith, 2531 Avon Drive, complimented the City Engineer and Project Manager
from Bolton & Menk, stating that they were great and always there to answer questions
of residents. She appreciates the new road and thanked the City.
Greg Smith, 5554 Bartlett Blvd., questioned the removal of some of the curb and aprons
because some looked to be in good condition and asked if he is being assessed for curb
replacement or apron. Osmek stated that they were not assessed for the curb
replacement individually and it is part of the project as a whole and he does not have an
individual apron charge. Smith stated that the dropped curb he has now works for him
and the net of it is that everything is cool as far as he's concerned.
Mary Pat McNeil, 5554 Bartlett Blvd., asked when Bartlett will be improved and Moore
sated that it will be a number of years down the road.
Lisa Jensen, 5011 Rosedale Road, asked about the manhole placement and Faulker
informed her that typically they are'/ inch below the pavement level. Jensen also asked
who is responsible for chips in the cement and waste cement being left in a neighbor's
yard, and Moore state he will check this out.
Jason David, speaking for his mother, Debra Anderson, 2460 Chateau Lane, expressed
concern with the apron where it meets the driveway. He stated it sunk away from the
driveway and comes in from an angle and over the winter ice will be a problem. Carlton
stated he will look at this and add to the contractor's punch list which will be addressed
before final payment is made to them.
Kevin Hultgren, 2441 Chateau Lane, stated the improvements look good except he
wishes he could slow down the traffic down his street. Hanus told him he could petition
the City for stop signs to have staff review. Hultgren also stated there is a crack in the
curb in front of his house and there are also shale pop outs. He also stated that in
places the wear course is 1" higher than the curb and Moore stated that is normal height
for wear course.
Mayor Hanus closed the public hearing at 9:23 p.m.
Osmek proposed that the apron charge for 5001 Rosedale be removed from the
assessment roll because the reason for apron removal and replacement was because of
watermain work. He also proposed that the apron charge be removed from 2400
Chateau Lane as it was charged to this property in error.
MOTION by Osmek, seconded by Beise to adopt the following resolution, adopting the
assessment roll, with the changes made as suggested above. All voted in favor.
Motion carried.
RESOLUTION NO. 08-80: RESOLUTION ADOPTING ASSESSMENT FOR 2007
STREET RECONSTRUCTION PROJECT -LEVY #17170
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Mound City Council Minutes -August 12. 2008
6. Comments and suggestions from citizens present on anv item not on the
a enda.
7. Discussion of Three Rivers Park District request regarding Winter Trails
Activities Permit
Carlton Moore stated that Three Rivers is asking the City to agree to plow the trail in the
winter, thus accepting liability if any damages occur because of the maintenance.
Discussion continued on the pros and cons of maintaining the trail in the winter. No
action as taken at this time.
8. Approve minutes
MOTION by Osmek, seconded by Beise, to approve the minutes of the July 22, 2008
meeting. The following voted in favor: Osmek, Specht, Hanus and Beise. The following
voted against: None. Skinner abstained because he was absent from that meeting.
Motion carried.
9. Miscellaneous/Correspondence
A. Comments/reports from Councilmembers
B. Reports: Engineering Project Status
Parks Building -OSHA Violation Update
C. Correspondence: Gillespie Gazette
Mediacom
10. Adiourn
MOTION by Osmek, seconded by Beise, to adjourn at 9:38 p.m. All voted in favor.
Motion carried.
Attest: Bonnie Ritter, City Clerk
Mayor Mark Hanus