2013-09-24 CC Meeting MinutesMOUND CITY COUNCIL MINUTES
September 24, 2013
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, September 24, 2013, at 7:00 p.m. in the council chambers of City Hall.
Members present: Mayor Mark Hanus; Council members Mark Wegscheid, Heidi Gesch, Kelli
Gillispie and Ray Salazar
Members absent: None.
Others present: City Manager Kandis Hanson, Fin Dir /Clerk/Treasurer Catherine Pausche,
Community Development Director Sarah Smith, Public Works Director Carlton Moore, Dan
Faulkner, Allen Peterson, Sue Claire, Randy Johnson, Katherine Dressel, Bob Hanson, Hassan
Afshar, Scott Hayes, Kayla Clement, Nancy Clement, Theresa Malloy, Robert Feriancek, Ana
Colianni, Alleen Butterfield, Virginia Gardstrom, and Terry Maly
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 agenda
MOTION by Salazar, seconded by Gesch to approve the agenda. All voted in favor. Motion
carried.
4. Consent agenda
Carlton Moore requested Item 4C be removed per the request from the contractor.
MOTION by Gesch seconded by Wegscheid 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 $340,381.21
B. Approve minutes of the: September 10, 2013 regular meeting.
September 16, 2013 special meeting workshop - Market Study
C. Removed.
D. Approve Amendment No. 2 to Site Lease Agreement with Nextel West Corporation at
2355 Chateau Lane.
E. ORDINANCE NO. 09 -2013: AN ORDINANCE AMENDING CITY CODE CHAPTER 119
TO THE MOUND CITY CODE AS IT RELATES TO SIGNS.
Mound City Council Minutes — September 24, 2013
F. Approve Three Rivers Park District Winter Trail Activities Permit for Snowmobile
Crossing at Cottonwood Lane.
4C. Approve Pay Request No. 2 submitted by Allied Blacktop Company in the amount of
$5,500.00 for work completed on the 2013 Seal Coat Project, City Project No. PW- 13 -08.
Carlton Moore requested Item 4C be removed per the request from the contractor until amounts
can be verified.
MOTION by Salazar, seconded by Gesch, to table item 4C until the October 8, 2013 council
meeting. All voted in favor. Motion carried.
5. Comments and suggestions from citizens present on any item not on the agenda.
None were offered.
6. Carlton Moore, Public Works Director, requesting action on a Resolution Adopting an
Project — North Island Area — Levv No. 18639.
Carlton Moore stated that Dan Faulkner, City Engineer, will make the presentation, but that he
wanted to clarify that due to an error in the calculation and the need for a second mailing, the
public hearing should be opened, comments taken, and continued to the October 8, 2013
meeting.
Dan Faulkner, City Engineer from Bolton and Menk, stated proper notices were mailed per
Chapter 429 requirements. The public hearing to order the project was held November 8, 2011.
The project was bid and awarded to GMH Asphalt in 2012. The final layer was applied in 2013
and the final assessment cost was determined. Per the assessment policy, residential
properties are assessed on a per unit basis. Partial units are assigned when properties abut
more than one road. The assessment per unit was based on 2 /3rds of the total street costs and
the amount came to $5,349 per unit. In addition, if there was no apron or concrete curb, those
costs were assessed at $4.80 per lineal foot and $11.55 per lineal foot, respectively. Residents
have until November 15th to pay in order to avoid interest.
Mayor Hanus opened the public hearing at 7:12 p.m.
Robert Hanson, owner of 4753 & 4755 Kildare, a duplex, questions the $5,349 for the street
improvements as it does not appear the street has been improved. Mark Hanus clarified the
timing of the project and improvements.
Kandis Hanson stated Ray Hanson is available in the adjacent conference room to take
questions on project issues and the hearing is only about the assessment amounts.
Katherine Dressel, owner of a duplex on Denbeigh, stated her tenants can't afford any increase
in rent. She may have to sell as she does not want to take a loss. She asked if there was any
consideration or assistance for low rent housing. Mark Hanus reiterated the process and stated
the actual assessment was less than the original estimate.
Dressei questioned why she pays more in taxes and utilities in Mound compared to her home in
Minnetonka. Hanus stated Minnetonka is a newer city than Mound. The developers funded that
Mound City Council Minutes — September 24, 2013
infrastructure. Mound has to pay for the replacement of essentially a new city underground.
Hanson said that is why the City offers to spread it over 15 years at the proposed 5 %.
Scott Hayes, 2701 Shannon Lane, researched Minnesota assessment laws that stated the
government has to prove the property value has been increased by the assessment amount and
he does not feel that is the case. Moore stated that because the city picks up a large portion of
the project, the Hennepin County Assessor has no question that the value has been created.
Bob Feriancek, 4792 Carrick Road, asked why there were two letters. Hanus stated certain
properties were excluded from the project but were initially included in the first assessment
calculation so the second letter replaces the first.
Mayor Hanus continued the public hearing at 7:29 pm.
MOTION by Salazar, seconded by Wegscheid, to continue the public hearing until October 8,
2013 council meeting. All voted in favor. Motion carried.
Sarah Smith, Community Development Director, stated the easements that were created when
the subdivision was approved were reviewed and stated that the legal description was not
specific as what the easement in favor of the City was for, therefore giving the City unspecified
rights that did not conform to the typical easement. Because the easement was in favor of the
City, the required notification was performed to provide for a vacation of the easement. No
issues were cited by the private utilities and /or DNR. The Planning Commission recommends
approval subject to conditions as stated in the packet. A new easement will be executed
reflecting the original intent.
Hanus asked for clarification of email on page 2084. Smith stated it was to show that the
vacation did not have any bearing on Frontier's utilities.
Mayor Hanus opened the public hearing at 7:38pm. Upon receiving no comment, Hanus closed
the public hearing at 7:39pm.
MOTION by Salazar, seconded by Gesch, to adopt the following resolution. Hanus clarified that
this easement will not be released until the new easement is in place. All voted in favor. Motion
carried.
RESOLUTION NO. 13 -90: RESOLUTION APPROVING VACATION OF CERTAIN
EASEMENTS AT 4991 SPARROW ROAD — PLANNING COMMISSION CASE NO. 13 -22
8. Kandis Hanson City Manager, requesting action on an Ordinance Amending Chapter
Kandis Hanson stated this is in response to a request from a resident who was concerned about
a neighbor hand - feeding wild animals and the associated nuisance. Hanson stated other cities
Mound City Council Minutes — September 24, 2013
had language that was easily adopted for our purpose. Hanus stated he is concerned that if it is
adopted as written, it would not allow humming bird feeders that use nectar.
Hanus suggested adding the following language to Section 14.48. Exceptions. (d) Mixtures.
Bird seed mixtures and humming bird nectars are specifically exempted provided they are
placed in accordance with provisions in this ordinance in order to discourage use by animals
other than small birds.
MOTION by Salazar, seconded by Gesch, to adopt the following ordinance as amended. All
voted in favor. Motion carried.
ORDINANCE NO. 10 -2013: ORDINANCE AMENDING CHAPTER 14 OF THE MOUND CITY
CODE AS IT RELATES TO FEEDING WILDLIFE
Hanson stated she will mail an approved version to the concerned resident and the Chief of
Police of the Orono Police Department.
9. Information /Miscellaneous
A. Comments /reports from Council members /City Manager
City Manager Hanson stated the Harbor Wine and Spirits Wine Sale starts Thursday, October
3rd and runs for 3 weekends. The sale includes 15% off wines by the bottle and 20% off wines
by the case.
B. Minutes
C. Reports: Harbor Wine & Spirits — September YTD
Fire Commission Meeting — September 18, 2013
Police Commission Meeting — September 19, 2013
D. Correspondence:
10. Adiourn
MOTION by Gesch, seconded by Wegscheid to adjourn at 7:45 p.m. All voted in favor. Motion
carried.
W
..✓ "^^Wa
Mayor Mark Hanu
Attest: Catherine Pausche, Clerk