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2010-09-28 CC Meeting MinutesMOUND CITY COUNCIL MINUTES SEPTEMBER 28, 2010 The City Council for the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 28, 2010, at 7:00 p.m. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, and Heidi Gesch Others present: City Attorney John Dean, Acting City Manager Jim Kurtz, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, City Planner Rita Trapp, Public Works Director Carlton Moore, City Engineer Dan Faulkner, Finance Director Catherine Pausche, Vince Forystek, Kelli Gillispie, Bob Brown, Amanda Schwarze, Scott & Jane Kempf, Chuck Moore, Martha Mason, Mike Mason, Ruth Peterson, Paul Kepen, Elisabeth Geyen, Jim Jasper, Keven Krause, Tom Penn, Mary Moon, Harrison Stokes, Tom Stokes, Chuck Alcon, Roy Jacobson, Craig Forcier, Troy Tasche, Dan & Teri Scherven, Joe Kellner, Tibor Gallo, Patrick Allen, Will Botko, Viktor Gorlov, William Jacobwith, Clark Peters, Bill Merrill, Heather Charles, Meredith Brandt, Cathy Bailey, Robert Jenson, Linda Verkennes 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 event it will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Mayor Hanus called the meeting to order at 7:00 p.m. 2. Pledge of Allegiance 3. Approve aaenda MOTION by Osmek, seconded by Salazar to approve the agenda. All voted in favor. Motion carried. 4. Consent aaenda MOTION by Salazar, seconded by Gesch to approve the consent agenda. All voted in favor. Motion carried. A. Approve payment of claims in the amount of $609,647.37 B. Approve improvements to Mound Bay Park boat ramp per staff memo of 9/15/10 and Niccum Docks, Inc. letter of 9/7/10 C. Approve rip rap at 4909 Island View Drive with funding of up to $5,850 from dock fund D. Approve rip rap at Dreamwood Commons quote in the amount of $49,800 from Concept Landscaping, with funding from dock fund E. Set special 2011 budget meeting workshops for November 30 and December 7, 2010 at 6:30 pm. F. Approve Final Payment to Allied Blacktop in the amount of $2,840.00 for the 2010 Seal Coat Project G. Approve Pay Request No. 5 and Final from Ramsey Excavating in the amount of $12,737.60 for work completed on the Auditors Road Street Extension Project S. Comments and suggestions from citizens present on any item not on the agenda. None were offered. Mound City Council Minutes — September 28, 2010 6. Public hearings A 2009 Street Utility and Retaining Wall Improvement Proiect Assessment Hearing City Engineer Dan Faulkner reviewed the project and how the assessment figures were calculated. Mayor Hanus opened the public hearing at 7:13 p.m. Tibor Gallo, 2123 Noble Lane, presented a letter objecting to the special assessment and stated that the construction was big and messy and thanked the City staff for helping out. He believes that the city share should be much higher than it is and feels that the proposed 6% interest is high. Pausche explained that the trend is to charge 1.5% to 2% more than the bond interest, which is 3.5% in this case. Charles Moore, 5505 Church Road, stated he is unhappy with his assessment of $4,302.20, which seems too steep. He stated that The Laker stated that Minnetrista is paying 4.96% interest for their improvements and he believes the interest could be lower than the proposed 6 %. Jane Kempf, 2207 Centerview Lane, stated she was charged for an apron and there was nothing wrong with the one that was there before the construction. The City Engineer will resolve the matter with her. Clark Peters, 2146 Noble Lane, stated he talked with Pausche on the phone about the interest and asked where the difference between what the city pays and what is being charged for the assessment goes. Hanus stated it goes to who is holding the loan. John Dean explained the process of payment of bonds, and that the city doesn't have the option to pay off these bonds early. The City continues to pay interest even though some assessments get paid off early, with principal getting paid and no interest paid to offset the interest the city must pay. Peters stated that during the improvement hearing the economic conditions were brought out and the project was ordered anyway and he also is against 6% interest. Bill Jacobwith, 5280 Lynwood Blvd. has a problem with paying for the assessment when the work is not completed yet. Hanus stated that there is a punch list of items that still have to be done and final payment is not paid to the contractor until all of the work is completed. Jacobwith still feels that the work should be done before he has to pay the bill. Paul Kepen, 2012 Villa Lane, voiced a complaint about the grade on Pike and that at the end of Villa there is an asphalt lane. The manhole cover there is no longer under asphalt and he's called the city and was told it would be taken care of and it hasn't. Faulkner told him it should be on the punch list and Moore stated he would look into it. Mary Moon, 5280 Lynwood Blvd., commented on the upcoming project due to the bad economy. She stated when this project was decided on the writing was on the wall and the economy was already on the way down so why was the project done in the first place? Hanus stated it couldn't be determined how deep it was going to go so they went ahead. Moon stated the Council doesn't have a general feeling what it's like for people who are in . need and are distressing. After no further comments were offered, the Mayor closed the public hearing at 7:46 p.m. Mound City Council — September 28, 2010 Osmek asked Pausche if 5% would be reasonable for interest rate on this project and she agreed. Salazar agreed with 5 %. MOTION by Osmek, seconded by Gesch to adopt the following resolution as amended to reflect the interest rate at 5% and amending the assessment roll to omit line 208. All voted in favor. Motion carried. RESOLUTION NO. 10 -68: RESOLUTION ADOPTING ASSESSMENT FOR 2009 STREET, UTILITY AND RETAINING WALL IMPROVEMENT PROJECT — LEVY #17715 B. 2009 Island View Drive /Dorchester Road Street. Utility and Retaining Wall Improvement Project Assessment Hearing City Engineer Dan Faulkner reviewed the project and how the assessment figures were calculated. Salazar stated that shortly after the concrete portion was poured it was driven on prematurely and asked if it had been fixed and he was told that that damaged areas had been saw cut and replaced, and that there is a two -year guarantee on everything is if something develops within that time period it will be covered. Mayor Hanus opened the public hearing at 8:00 p.m. Mike Mason, 4909 Island View Drive, stated he is very happy with the project and that they did a great job. Craig Forcier, 4431 Dorchester, stated he understands there was pressure to put concrete on Island View, but if it was all done with bituminous his assessment would be a lot less. He's been unemployed a long time and he doesn't feel this assessment is fair. It's costing the homeowners on asphalt a lot more money than it should and he doesn't think the City made a good decision. Dan Sherven, 4528 Aberdeen Road, asked what is meant by a unit, and if it is a PID. Faulkner stated that it is basically a buildable lot. Sherven stated he had two aprons put on Island View Drive and is being charged 1 Y2 units for one PID. Faulkner stated that's because there are two homes on the property and the property is over 20,000 sq. ft. and is large enough to be split down the road. After discussion it was decided that precedence had been set with other projects and this is one PID abutting two streets so it should be assessed Y2 a unit for this project. Linda Verkennes, 4771 Island View Drive, loves her street but is still missing no parking signs. Moore stated that they are still working at getting them back up. Upon no further comments, Mayor Hanus closed the public hearing at 8:13 p.m. MOTION by Osmek, seconded by Gesch to adopt the following resolution, amending the interest rate from 6% to 5 %, and changing Sherven's assessment at 4528 Aberdeen Road, from 1 ' / 2 units to Y2 unit. Hanus stated that he will not vote in favor of this motion because he feels that Sherven should be charged more than Y2 unit for that large parcel. The following voted in favor: Osmek, Salazar and Gesch. The following voted against: Hanus. Motion carried. RESOLUTION NO. 10 -69: RESOLUTION ADOPTING ASSESSMENT FOR 2009 ISLAND VIEW DRIVE /DORCHESTER ROAD STREET, UTILITY AND RETAINING WALL IMPROVEMENT PROJECT — LEVY #17716 C Four (4) lot preliminary Plat/major subdivision ("Sulgrove") 5248 Sulgrove Road —Applicant: Tom Stokes /Brenshell Construction City Planner Rita Trapp reviewed the proposed subdivision and Osmek asked if this proposal fully complies with City Code, with no variances required and Trapp answered that it does. Mayor Hanus opened the public hearing at 9:01 p.m. Ella Ramsey, 3359 Warner Lane, stated that her home is assessed at a million dollars and to put four squiggly little houses across the street would devalue their properties significantly. Her husband's family has owned that property since 1953 and she thinks that R1 and R2 6,000 sq. ft. lots are not reasonable when you live across from it. Heather Charles, 3465 Wellesly Way, stated that just because everything complies doesn't mean that it will fit in. One of the considerations should be quality of life when you put in more dense housing. She would like to see less houses on there than four. Joe Kellner, 5232 Sulgrove Road, states he lives two doors down, and would like to add a voice to the majority of neighbors that are concerned with the subdivision. Everything is dramatically bigger than 6,000 sq. ft. He understands 6,000 vs. 10,000 sq. ft. but again, the way the neighborhood is set up, only one is that size, the rest are considerably larger. Vince Forystek, 3131 Inverness, stated he doesn't live in that particular neighborhood, but has sat in on discussions on this and the builder meets the requirements, but his concern is over the hardcover issue. It gets pushed to the limit and he asked that when new owners come in that hardcover can't get added later. After no further comments were offered, the Mayor closed the public hearing at 9:07 p.m. Osmek asked if the plan fully complies with hardcover regulations at this point and Trapp stated that it does, and hardcover is noted on the preliminary plat. Hanus stated that at least Y2 of the properties in that area are about 6,000 sq. ft. so it does fit in the neighborhood, and does comply with code requirements. MOTION by Osmek, seconded by Gesch to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -70: RESOLUTION APPROVING THE PRELIMINARY PLAT OF THE PROPERTY LOCATED AT 5248 SULGROVE ROAD n Mound City Council Minutes — September 28, 2010 D. Conditional Use Permit for licensed adult day care request 5200 Maywood Road — Applicant: Sojourn Adult Day Services/Tom Penn Sarah Smith reviewed the request and stated that the majority of the Planning Commission's discussion focused on the parking for the building for the existing and proposed use(s) including the assignment of a parking method for Sojourn in according with the zoning ordinance as the use is not specifically referenced. The Planning Commission did vote unanimously to recommend Council approval of the CUP with conditions. Hanus expressed concern over parking because the building will support more tenants than parking will afford. Smith stated that the most conservative approach is to not calculate any use as storage but to calculate as all office space which would give a shortage of 7 spaces. Mayor Hanus opened the public hearing at 9:41 p.m. and upon receiving no comment, closed the public hearing. MOTION by Osmek, seconded by Salazar to adopt the resolution as amended relative to parking requirements. All voted in favor. Motion carried. RESOLUTION NO. 10 -71: RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR THE PROPERTY LOCATED AT 5200 MAYWOOD ROAD. P &Z CASE #10 -10. PID #13- 117 -24-43 -0145 E. Assessment Hearing for Delinquent Sewer & Water Bills Mayor Hanus opened the public hearing at 9:48 p.m. and upon hearing no comment, closed the public hearing. MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -72: RESOLUTION ADOPTING ASSESSMENT FOR DELINQUENT SEWER AND WATER BILLS AND CERTIFYING TO THE COUNTY AUDITOR AT 6% INTEREST — LEVY #17717 F. Assessment Hearing on CBD Parking Maintenance Charges Mayor Hanus opened the public hearing at 9:50 p.m. and upon hearing no comment, closed the public hearing. MOTION by Osmek, seconded by Gesch to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -73: RESOLUTION ADOPTING 2010 CBD PARKING MAINTENANCE ASSESSMENT ROLL TO BE CERTIFIED TO THE COUNTY AUDITOR AT 6% INTEREST — LEVY #17718 G. Assessment Hearing on Miscellaneous Assessments Mayor Hanus opened the public hearing at 9:52 p.m. and upon hearing no comment, closed the public hearing. Mound City Council Minutes — September 28, 2010 MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -74: RESOLUTION ADOPTING ASSESSMENT FOR MISCELLANEOUS PROPERTY IMPROVEMENTS AND CERTIFYING TO THE COUNTY AUDITOR AT 6% INTEREST — LEVY 17719. 7. Approve minutes MOTION by Salazar, seconded by Osmek to approve the minutes of the September 14, 2010 regular meeting. The following voted in favor: Osmek, Salazar and Hanus. The following voted against: None. Gesch abstained from voting because she was absent from that meeting. Motion carried. 8. Miscellaneous /Correspondence A. Comments /reports from Councilmembers /City Manager B. Reports: None C. Minutes: None D. Correspondence: BMI Memorandum dated 9/8/10 regarding summary of Rule N Technical Advisory Commission (TAC) meeting held 9/1/10 1 9. Adjourn MOTION by Salazar, seconded by Hanus to adjourn at 9:55 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk mr�M Mayor Mark Hanus