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2010-10-12 CC Meeting MinutesMOUND CITY COUNCIL MINUTES OCTOBER 12, 2010 The City Council for the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 12, 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, Amanda Schwarze, Brian Skolbeck, B. Kuklinska, M. Shepherd, Jim Jasper, H. Hall, Haylee Lamminen, A.J. McKnight, Gloria Hays, Mike Skinner, Donna Smith, Alicia Heed, N. Hackbarth, Denise Bade, Deb McCurdy, Chris Brown, Jake Cordes, Roxanne Eccles, Shale Nyberg, Dawn Visser, Alex Terry, Mark Anderson, Scott Qualle, Trevor Gardner, Greg Gardner, Dan and Gwen Bot, Justin McNeal, Kyle Elliott, Curt Schroeder, Pat Salden, Gus Knott, Tom Knott, Roger Allen, Holmfridur Kramer, Patty Burke, Phil Velsor, Harriet Harriman, Mike Nelson, Al Bickford, Don McCarville, Fred Merrill, Conrad Starr, Peter Dean, Andrew Reinitz, Jerry McNeal, Greg Neubert, Erin Juenke, Shawnessy James, Carol Rice, Kurt Silton, Michael Wood, Tim Kenny, Stephen Vertnik, Rick Reinert, Richard MCarthy, Lindsey Shepherd, Mike Beauchamp, Nicole Rice, Patty Smith, Buzz Jonason 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 meetina Mayor Hanus called the meeting to order at 7:02 p.m. 2. Pledge of Allegiance 3. Approve aaenda Kandis Hanson requested the removal of approval of claims from the consent agenda. MOTION by Osmek, seconded by Salazar to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda MOTION by Osmek, seconded by Salazar to approve the consent agenda as amended. All voted in favor. Motion carried. A. Approve minutes of the September 28, 2010 regular meeting. B. (removed) C. Approve Pay Request No. 4 from Egan Company in the amount of $444,646.12 for the City Street Lighting Project, City Project Nol. PW -09 -07 D. Approve Labor Agreement between the City of Mound and the Minnesota Teamsters Public and Law Enforcement Employees Union NO. 320 (Public Works Union) E. Approve Labor Agreement between the City of Mound and Law Enforcement Labor Service, Inc., Local No. 35 (Police Supervisors) Mound City Council Minutes — October 12, 2010 4B. Approve payment of claims Kandis Hanson noted that the two claims for Concept Landscaping totaling $52,425.00 are to omitted from the claims to be approved. MOTION by Salazar, seconded by Gesch to approve the claims in the amount of $292,354.34. Upon roll call vote, all voted in favor. Motion carried. 5. Comments and suggestions from citizens present on any item not on the agenda. Michael Skinner, 6021 Chestnut Road, approached the Council accompanied by Donna Smith, 2531 Avon Drive, to inform them of a committee consisting of representation from Mt. Olive Church, the City Manager, Metro Transit and others, to try to rectify the problem with Dial -A -Ride in Mound. There are three modes presently, being Metro Mobility, Transit Link and Bus 675. A Metro Mobility Event is being planned on October 30 in conjunction with the Scare Crow Stomp and last day of the Farmers' Market where people can be informed about the protocols about riding the bus and find out first -hand about the deficiencies that exist. Hanus thanked them for coming in and wished them luck in their October 30 event. 6. Public Hearings A 2011 Street Utility and Retaining Wall Improvement Project Improvement Hearing — Southwest Island Area Dan Faulkner reviewed the feasibility study, estimated costs and assessment figures. Mayor Hanus opened the public hearing at 7:28 p.m. Curt Schroeder, 5342 Piper Road, stated that Piper Road doesn't have curb and asked what would be done there. Faulkner stated that if it doesn't' have curb, curb will be put in and assessed for at about $10 /lineal foot. Schroeder asked about interest rate and Osmek stated that interest rate can't be set until after the bonds are sold. The interest is set at the assessment hearing, which in this case will be the summer /fall of 2012. Mark Anderson, 4833 Hanover Road, stated he has a short retaining wall along his property and when it was built last time it was built too low and asked if when rebuilt it will be built high enough. Faulkner stated that is a design detail that will be addressed down the road. Anderson asked who to talk to about that and Faulkner stated he would talk to him. Hanus stated that it's important that residents talk to staff and let their interest be known during the project. Osmek also stated that if residents are thinking about having their asphalt driveways redone they may get a good price from the contractor if they do it during the project, while the contractor's in the area. Kurt Silton, 3237 Gladstone Lane, stated his street is an exceptional horrible street and either do the project or fix the street. To do nothing is not an option. Mike Wood, 4812 Lanark Road, asked about the logistics during next summer and fall for parking and access to their property. Faulkner stated they haven't got to that point, but typically the project is done by segments so people can get in and out and they won't let the contractor into one area until the other area is drivable. Andrew Reinitz, 3049 Alexander Lane, stated that homeowners have replaced retaining walls and asked if they are in good condition, will they still be replaced to match everything else. Mound City Council Minutes — October 12, 2010 Faulkner stated that the standard is modular block and if it's the same, it will stay there, but it will be looked at case by case. Roger Allen, 3208 Charles Lane, asked why curb is needed, especially on the lakefront where it's all driveway. Faulkner stated that he will look at it, but typically it's needed to retain drainage in the streets and to confine the pavement. Al Bickford, 3239 Roxbury Lane, stated he's hearing that residents should talk to staff and he would like to have one phone number and the name of the person who will be handling this. Kandis Hanson stated that it depends on what stage the project is in so it's hard to give the name of one person. Bickford asked for the name at the beginning of the project and Moore stated that a letter will be sent to all property owners at the beginning of the project with a timetable for the construction and contact names and phone numbers. Deb McCurdy, 4849 Island View Drive, stated she was on the 2009 Project and is also on the 2011 Project. She stated that because she works all day it was difficult to get someone's attention and she had vegetation and stepping stones destroyed so she wants to know before her property gets torn up. Hanus stated that something can be done on a daily or weekly basis on the website to update residents on the construction timeline and who to contact for specific concerns. Erin Juenke, 3213 Tuxedo Blvd., stated she lives on the corner of Drummond and Tuxedo and states that her car gets ruined because of the condition of Tuxedo and asked if Tuxedo will ever get fixed. She will call city hall to get the schedule for Tuxedo. Steve Vertnik, 5217 Windsor Road, asked about dead -ends and if there are plans to change those and carry them through or put cul -de -sacs in. Moore stated they will stay in the same configuration they are today and will get curbs to the street ends. Curt Schroeder, 5342 Piper Road, asked why retaining walls are paid by everybody and not assessed like the curb. John Dean explained that maintaining retaining walls has been a separate function and it was decided the cost should not be assessed to abutting property owners, but borne by the City. It's just a different approach and has been the policy of the City. Dawn Visser, 5200 Sulgrove Road, asked when she could call regarding her retaining wall and Moore told her to call City Hall and ask for the Engineer. Gwen Bot, 4828 Lanark Road, stated she is a first time homeowner and asked what the benefits are that she is receiving from this street and how much her home value will increase. She'd rather see Tuxedo done and not have the assessment against her property. John Dean stated that when they get into the assessment phase they look more closely to see if the amount of the assessment equals the amount of the benefit the property receives. Bot asked if there is data from previous projects to see what prices of other homes have sold for and the benefit received. John Dean stated that when we get into the assessment phase, typically cities do have a general blanket benefit to determine if they can justify the level of assessment that they are proposing. Nicole Rice, 4933 Drummond Rd., asked what happens to their mail boxes. Salazar stated when they did his street they placed mail boxes down on a side street. Hanus told her they make provisions for that. Mound City Council Minutes — October 12, 2010 Pete Dean, 3155 Alexander Lane, stated he knows quite a few roads need reconstruction but his is in good shape and asked if there is any way theirs can get postponed. He sees no benefit but to be able to drive on the road and asked how taxes in the future are assessed because of the program. He asked after the assessment, what does the city propose to do to the residents and how are they going to try to weave in additional costs. Osmek stated that in the past the engineer's estimates have been high and there are no hidden costs. This estimate is not a guarantee because the bids are not in yet, but this is the best faith estimate the engineers can give at this time. It could be higher. With no further comments offered, Mayor Hanus closed the public hearing at 8:07 p.m. MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -75: RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR 2011 STREET, UTILITY AND RETAINING WALL IMPROVEMENT PROJECT FOR SOUTHWEST ISLAND AREA B. MSA Portion of the 2011 Street, Utility and Retaining Wall Improvement Project — Highland Area Dan Faulkner reviewed the feasibility study, estimated costs and assessment figures. Mayor Hanus opened the public hearing at 8:23 p.m. Gus Knott, 5937 Ridgewood Road, stated he has mountable curbing and asked what would happen in his area and Hanus stated that they have been putting in abrupt curbing in areas like that. He also stated they have parking on one side now and why a variance is needed to keep it that way. Hanus explained that the design doesn't meet MSA specs so a variance is needed to keep the parking on one side of Ridgewood. Greg Gardner, 6112 Ridgewood Road, voiced concern over the drainage at the bottom of the hill coming off of Cherrywood and Faulkner stated that they will look at that very closely. Gardner stated he works from home and currently when there is heavy rainfall he is cleaning out the drains to make sure they work well. Osmek stated that the improvement project will make the drains work. Pat Salden, 5960 Ridgewood Road, stated he's confused because he thought they were leaving the curb and now he's hearing they're taking it away. Faulkner stated they're taking it all out so it meets standards. Salden asked how much the apron will cost and was told it's approximately $5 /sq. ft. Salden stated he shares a driveway with his neighbor and asks who will pay for the apron and John Dean stated that assessment will go with the property. Ava McKnight, 5917 Ridgewood, stated she's one of those properties where $500 for a driveway is a whole lot of money. She just experienced a 30% pay cut and drives to St. Paul to work. Life is hard right now. She and her mom bought this house and they're struggling and it's not easy, so when there's talk about cost effectiveness, $300 is a lot of money. She also expressed concern over having five different garbage companies going through their neighborhoods and putting stress on their streets and asked if the City is looking into that. Salazar stated that the same question came up in the Island View area with the narrow street and Carlton Moore had been asked to look at how that puts added stress on the streets and the possibility of asking the haulers to use smaller trucks. Moore stated that John Dean can correct him if wrong, but he believes the City can't regulate the size of garbage trucks, Mound City Council Minutes — October 12, 2010 but can try to work with the haulers to get them to use smaller trucks. McKnight also expressed an issue with her driveway alignment and Faulkner stated he'll work with her on that. She also asked how her property will be re- assessed to prove the benefit and John Dean stated that there will be an assessment hearing, with notices being sent out to property owners that will explain the rights that property owners have. The question of benefit will be discussed at that hearing. Hanus stated that two weeks ago the assessment hearing was held for the 2009 street project and a lot of people acted like it was the first they've heard of the project. This is a two -year heads -up for people to think about how to handle the assessment, by paying it off in a lump sum or letting it go on their property taxes. Greg Neubert, 5852 Idlewood Road, stated that the Mayor said to prepare for this, but the truth is you can't prepare for what you don't know is going to happen. Tomorrow things can change, and you have to do what you have to do to survive. He asked if the bids are open to the public and Hanus stated that they are, and even the bid opening process is open to the public. Shale Nyberg, 2872 Highland Blvd., asked if when the bids come in and for something unforeseen they are substantially more, could it be cancelled, and Hanus stated that projects have been delayed and rebid because of undesirable bids. Nyberg also stated he's at the top of Highland before you get to 110, and asked about the curbing. Faulkner stated that all of that curbing will come out and be replaced. Kandis Hanson stated that if there is existing curbing and it's replaced it is not assessed. Nyberg also stated that he prefer that there be no parking from his residence to the stop sign on 110 on the right side of the road. It would be a lot safer. Hanus told him to let the engineers know when they are in the area regarding the parking situation. David Mangen, 5975 Ridgewood Road, stated that the condition of Ridgewood is horrible and it's possible to bust axles. He asked if incentives to the contractor have been thought of, for example finishing early, avoiding citizen complaints, etc. John Dean stated that if there are penalty clauses in the contracts, bids usually come in higher. After no further comments were offered, Mayor Hanus closed the public hearing at 8:48 p.m. MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -76: RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR MSA PORTION OF THE 2011 STREET, UTILITY AND RETAINING WALL IMPROVEMENT PROJECT — HIGHLAND AREA 7. Planning Commission Recommendations A. Public Hearing — Review /action on Ordinance Amending Chapter 129 of the Mound City Code as it Relates to the Zoning Ordinance Sarah Smith reviewed the proposed ordinance, which is the result of direction from a joint Planning Commission /City Council meeting. The modifications are in response to the recent Minnesota Supreme Court ruling which limits the ability of cities to grant variances. Mayor Hanus opened the public hearing at 9:09 p.m. and upon receipt of no comment, closed the public hearing. Mound City Council Minutes — October 12, 2010 MOTION by Osmek, seconded by Salazar to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 06 -2010: AN ORDINANCE AMENDING CHAPTER 129 OF THE MOUND CITY CODE AS IT RELATES TO THE ZONING ORDINANCE Sarah smith explained that the ordinances discussed in 76, 7C, and 7D were also prepared to change working from "variance" to "variation" to ensure that the City is not held to the variance standards as these sections are not included in the Zoning Ordinance. B. Review /action on Ordinance Amending Chapter 101 of the Mound City Code as it Relates to General and Administrative Provisions MOTION by Osmek, seconded by Salazar to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 07 -2010: ORDINANCE AMENDING CHAPTER 101 OF THE MOUND CITY CODE AS IT RELATES TO GENERAL AND ADMINISTRATIVE PROVISIONS C. Review /action on Ordinance Amending Chapter 125 of the Mound City Code as it Relates to Trailers and Trailer Parks MOTION by Osmek, seconded by Salazar to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 08 -2010: ORINANCE AMENDING CHAPTER 125 OF THE MOUND CITY CODE AS IT RELATES TO TRAILERS AND TRAILER PARKS D. Review /action on Ordinance Amending Chapter 119 of the Mound City Code as it Relates to Signs MOTION by Osmek, seconded by Salazar to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 09 -2010: ORDINANCE AMENDING CHAPTER 119 OF THE MOUND CITY CODE AS IT RELATES TO SIGNS E. Review /action on Resolution Authorizing Summary Publication of Ordinance No. 06 -2010 MOTION by Osmek, seconded by Gesch to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 10 -77: RESOLUTION AUTHORIZING SUMMARY PUBLICATION OF ORDINANCE NO. 06 -2010 8. Quarterly Report from Building Official Scott Qualle of MnSpect Scott Qualle updated the Council on the provision of Change of Use of properties. 9. Review /action on Resolution Authorizing Administrative Warrants for Mound Manufactured Home Court, 6639 Bartlett Blvd. Sarah Smith summarized and updated the Council on the status of the Mound Trailer Court including an update following the July 27 City Council meeting, including the city's request to have the building official conduct interior inspections to evaluate life, health, and safety issues of several units in the park, 1 1 Mound City Council Minutes — October 12, 2010 either by consent or by administrative warrant. The whole intent is to work cooperatively to undertake the necessary inspections, but unless this can be accomplished the administrative warrant process will be required. Patty Smith, representing P & J Investments, addressed the Council, stating that the owners with to cooperate with the requests. Tabling action on the administrative warrants was discussed to allow inspections to occur voluntarily, but the resolution was amended to add the date of October 26, 2010 before any action would be taken on administrative warrant process. MOTION by Osmek, seconded by Salazar, to adopt the following resolution as amended. All voted in favor. Motion carried. RESOLUTION NO. 10 -78: RESOLUTION AUTHORIZING PREPARATION OF AND OBTAINING ADMINISTRATIVE WARRANTS BY CITY ATTORNEY TO OBTAIN ACCESS BY THE BUILDILNG OFFICIAL FOR THE PURPOSE OF CONDUCTING HEALTH, LIFE AND SAFETY INSPECTIONS OF THE INTERIOR OF THE UNITS LOCATED IN THE MOUND MANUFACTURED HOME COURT, 6639 BARTLETT BOULEVARD AND AUTHORIZING EXPENDITURE OF CITY FUNDS REGARDING SAME 10. Approve Temporary On -Sale Liquor License for Knights of Columbus MOTION by Salazar, seconded by Gesch to approve a temporary on -sale liquor license by the Knights of Columbus for November 20, 2010 at Our Lake of the Lake Catholic Church for "Date Knight' social function. 11. Information /Miscellaneous A. Comments /reports from Councilmembers /City Manager B. Reports: Bolton & Menk — Engr. Project Status Report Finance Dept —Sept. 2010 Finance Dept — 4 th Qtr YTD Bolton & Menk Summary Harbor Wine & Spirits — Sept 2010 C. Minutes: None D. Correspondence: Star Tribune Article on Trail Maintenance Transportation Seminar Metropolitan Council letter of 1/1 12. Adlourn MOTION by Gesch, seconded by Salazar to adjourn at 9:43 p.m. All voted in favor. Motion carried. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk