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2004-10-26MOUND CITY COUNCIL MEETING OCTOBER 26, 2004 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 26, 2004, 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, Public Works Director Carlton Moore, City Engineer John Cameron, Parks Superintendent Jim Fackler, Doug Hedquist, Glorida Heinrich, Gary Hart, Nancee Wright, Karl Weisenhorn, Gene Adams, Don Olson, Carol Norberg, Denice Schroeder, Alleene Butterield, Henry & Donna Sandoval, Irene Bazewicz, Dave Laube, Jeff Skelton, Larry Johnson, Leanne Kelly, Kristin & John Beise, James Jackson, Mike Specht, Cheryl Martin, Gary Wambold, Peter Johnson, Michael Ivers, Bruce Mclntyre 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 request, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. Open Meetinq Mayor Meisel called the meeting to order at 7:30 p.m. 2. Pledge of AIle(~iance 3. A~3Drove A_clenda Kandis Hanson requested a change in the wording of Item 10, stating that it should read discussion regarding Mound Business Council letter, rather than Jubilee Letter. Meisel requested moving Item #5 to 6D. MOTION by Osmek, seconded by Hanus to approve the agenda as amended above. All voted in favor. Motion carried. 4. Consent Agenda MOTION by Brown, seconded by Hanus to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of October 12, 2004 meeting. B. Approve payment of claims in the amount of $353,238.71. C. Approve Public Gathering Permit for PoleBender Outdoors for fishing tournament weight-in at Mound Bay Park on May 22, 2005. Mound City Council Minutes - October 26, 2004 D. Approve Planning Commission Recommendations: 1. Case #04-36: Alleene Butterfield, 4862 Leslie Road, Front setback variance RESOLUTION NO, 04-122: RESOLUTION TO APPROVE A FRONT SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A GARAGE ADDITION AT 4862 LESLIE ROAD, P&Z CASE #04-36, PID #24-117-24-41- 0025. E. RESOLUTION NO. 04-123: A RESOLUTION TO APPROVE CONSENT AND WAIVER AGREEMENT FROM JOHN PASTUCK ON BEHALF OF J. PASTUCK DESIGN/BUILD CORP AND TO CERTIFY TO THE COUNTY AUDITOR AT 6% INTEREST, IMPROVEMENT COSTS IN THE AMOUNT OF $7,373.10 TO REAL ESTATE TAXES FOR 2005 FOR PROPERTY LOCATED AT 6375 BARTLETT BOULEVARD, PID #23-117-24-32-0066, LEVY #16154. F. RESOLUTION NO. 04-'124: RESOLUTION TO APPROVE BUILDING PERMIT APPLICATION FROM GENE AND BRENDA PEDERSON TO ALLOW ROOFLINE ALTERATIONS AND DORMERS ON EXISTING DETACHED GARAGE LOCATED AT 6033 RIDGEWOOD ROAD, PURSUANT TO CITY CODE CHAPTER 350.505 (BOARD OF APPEALS AND ADJUSTMENTS) PID #23-117-24-34-0001. 5. (moved to 6D) 6. Public Hearinqs A. 2004 Street Reconstruction Proiect Assessment Hearinq John Cameron presented a history of the project and reviewed the project costs and assessment figures. John Dean reviewed the legal requirements and procedure on how to handle objections to the assessment. Mayor Meisel opened the public hearing at 8:04 p.m. Gene Adams, 6215 Bay Ridge Road, has an objection letter on file and expressed to the Council concern over the difference in the final figures and the preliminary figures given at the December 9th Council meeting. He also stated that he feels the Council could have done better than a 6% interest rate. He informed the Council that his driveway is not satisfactory. It has gouges and cracks that need to be repaired. Meisel informed him that the City will check on the condition of his driveway. Gary Hart, talking for Nancee Wright of 2700 Westedge Boulevard, also has an objection letter on file. He stated that he called the City and informed whoever he talked to, that they are not living on Beachwood, which was improved, but on Westedge Blvd, and were told that they wouldn't be assessed anything. Then they get a letter on October 1st that says they're being assessed for curb and gutter. They don't park on Beachwood, and don't use that street. John Cameron explained that they are 2 Mound City Council Minutes - October 26, 2004 on a corner lot and will be assessed a ¼ unit charge, plus lineal footage for the curb and gutter. Hart stated that his lineal footage is 90 feet and the assessment roll says 101' Cameron will check on this. Hart stated that if he has to file in district court he will, because being told they are not included in the project was deceitful and if the person at city hall doesn't know for sure, they should say they don't know. He also said he didn't get a notice for the improvement hearing. He was informed that Nancee Wright's name was on the improvement hearing list and included in the affidavit of mailing. Jeff Skelton, 1770 Baywood Shores Drive, stated he was at the improvement hearing and Mayor Meisel told him that they would not be putting an assessment on the dock lots because that street needed to be there for snow plows, emergency vehicles, etc. Meisel stated she can't remember saying that, but the audio tape will be reviewed to determine if that was said. Irene Bazewicz, 2362 Bay Ridge Road, stated she did not receive notice last year that this was going on, and it was later verified that her name and address were on the affidavit of mailing of improvement hearing notice. She doesn't feel Bay Ridge Road needed to be replaced and it gets very little use. Her objection was that she didn't get a chance to say anything about the project and the road was a mess all summer long. She has a written objection on file with the City. Leanne Kelly, 1712 Baywood Shores Drive, also objects to having the dock lot assessed. Meisel informed her that the tape of that hearing would be reviewed to see what was said regarding the assessment of the dock lots. Larry Johnson, 1724 Baywood Shores Drive, also objects to the lake lot assessment. It is non-buildable, has no city water or sewer and feels that the cost should be obsorbed by the whole city. He stated that at the December meeting the Council stated they were going to replace the streets and they objected because they've had so many water breaks. He said the Council stated at that time, that they would research how many water breaks there have been in an area to determine whether to replace the watermain. It was the decision to replace the watermain and now the council is trying to burden the homeowners with resurfacing at the same time, when really there is nothing wrong with the road except for the patches from all the water breaks. He has a problem with the homeowners paying for the dock lots. As homeowners they are stuck helping replace the watermain that had to be replaced anyway. He also stated that the sanitary sewer line was lined, and residents had to shut off their water. When turned back on, sewage blew back into their toilet and made a mess of their bathroom. He questioned that process and John Cameron explained that all the sewers were televised and any that needed repairs were done with a technique where they reline with a plastic liner. Carlton Moore will check on why the backup occurred into his house. Osmek informed him that this was a street project, not a water project. Mound City Council Minutes - October 26, 2004 The only reason utilities were repaired is if they are in need of repair, the time to do it is before the street is resurfaced so that the new street won't have to be dug up again. Dave Laube, 6000 Aspen Road, asked what his correct assessment figure is and the process and timeframe for paying it, and Cameron answered these questions. Michael Ivers, 5971 Gumwood Road, didn't remember getting an improvement hearing letter and said he was present to contest the assessment. A letter of objection was also presented. He had questions regarding his driveway apron and stated that he is not satisfied with the way the apron was tied into his driveway. Meisel informed him that someone would come and look at it. Henry Sandoval, 6370 Bay Ridge Road, stated that he feels the improvement on Bay Ridge went fine, and he was able to talk to the engineer several times. He voiced concern over a drainage issue with his neighbor and Carlton stated they are well aware of this and are working to rectify it. Gary Wambold, 6343 Bay Ridge Road, stated he feels the initial estimate could have been more accurate instead of having additional charges come up after the soil borings were done. Cameron explained that when the preliminary report was prepared, they just visually assess the streets and get their estimates. To go through the expense of soil borings before the project is ordered would be foolish. Wambold then asked how he is being assessed because he doesn't directly abut an improved street, but shares a common driveway. He was informed that he wasn't charged lineal footage for the street improvement, but was charged one unit for the project. Gloria Heinrich, 5926 Gumwood Road, asked about the assessment deferment process and was informed of such. Bruce Mclntyre, 6143 Beachwood Road, stated that he is happy with his street. They did a nice job and he is real happy with the project. Carol Norberg, 6015 Aspen Road, asked if the road were done and then dug up and redone, will they have to pay for that? Cameron stated they pay for it once. If the contractor has to dig up the street and repair, that's the contractor's responsibility. She asked Cameron about the final assessment figure and how it was arrived at and he informed her of such. Upon no further comment, Mayor Meisel closed the public hearing at 9:05 p.m. The Council then discussed the dock lot assessment issue. Meisel stated that she doesn't remember stating that the dock lots wouldn't be assessed, but does remember 4 Mound City Council Minutes - October 26, 2004 the dock lots being brought up at the improvement hearing. The audio tape will be checked to see what was actually said regarding this. John Dean stated that even if the audio tape shows that the Mayor stated that these lots wouldn't be assessed, that doesn't preclude them from being on the final assessment roll because all of the property owners were notified of the improvement hearing, and the assessment hearing. MOTION by Brown, seconded by Meyer to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 04-125: RESOLUTOIN ADOPTING ASSESSMENT FOR 2004 STREET RECONSTRUCTION PROJECT - LEVY #16151. B. CBD Parkinq Maintenance Assessment Hearing Mayor Meisel opened the public hearing at 9:32 p.m., and upon no public comments being offered, closed the public hearing at 9:33 p.m. MOTION by Brown, seconded by Osmek to adopt the following resolution. The following voted in the affirmative: Brown, Hanus, Osmek and Meyer. The following against: None. Mayor Meisel abstained from voting because she owns property in the CBD Parking Maintenance Program. Motion carried. RESOLUTION NO. 04-126: RESOLUTION ADOPTING 2004 CBD PARKING MAINTENANCE ASSESSMENT ROLL TO BE CERTIFIED TO THE COUNTY AUDITOR AT 6% INTEREST- LEVY #16152. C. Nuisance Abatement at 4717 Island View Drive Assessment Hearinq Mayor Meisel called the meeting to order at 9:34 p.m. Kandis Hanson read an email that was received by city staff from the owner's family representative. The email stated that they will not be attending the public hearing and indicated that they have no objections to the proposed special assessment. Mayor Meisel closed the hearing at 9:35 p.m MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 04-127: RESOLUTION ADOPTING ASSESSMENT FOR NUISANCE ABATEMENT AND CERTIFYING TO THE COUNTY AUDITOR AT 6% INTEREST- LEVY 16153. D. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 5 Mound City Council Minutes - October 26, 2004 7. Executive Session reqardin.q John M. Anderson, et al, v. City of Mound At 9:35 p.m. Mayor Meisel announced a 10 minutes recess, to be followed by the Council going into Executive Session regarding John M. Anderson, et al, v. City of Mound. The Council reconvened at 10:47 p.m. City Attorney John Dean informed the public that the Council met in closed session to discuss a draft settlement agreement received in the Anderson vs. Mound - Dreamwood Addition case. Part of the reason for the lengthy discussion was that the City Council was unable to accept the terms of the draft settlement and the attorney representing the City was directed to meet further with the other parties to attempt to arrive at an agreement. 8. Action on Status Chanqe for Commons at 2128 Centerview Lane Jim Fackler explained that in the 1970's the city conducted a study of the commons areas for a Use Plan. The former owner wasn't using this particular dock site and had no problem with its removal at that time and the site was removed for non-use and the area designated as a wildlife preserve. The owner is now requesting that this area be reclassified back to Type D to allow one dock in front of the property at 2128 Centerview Lane. It was noted that this is a Iow water site and there could be limited boat access during Iow water levels. MOTION by Hanus, seconded by Osmek to approve changing the commons at 2128 Centerview Lane to Type D to allow one dock in front of the property. The following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. 9. Action on 2004 Rip-Rap Proposal Jim Fackler presented a proposal for rip-rapping for 700 lineal feet of Waterbank at $48,300.00, and 164 lineal feet of Idlewood at $11,316.00. MOTION by Osmek, seconded by Brown to approve rip-rapping 700 lineal foot of Waterbank at $48,300.00. The Idlewood rip-rap will be postponed until 2005. All voted in favor. Motion carried. 10. Discussion reRardin.q Mound Bay Business Council letter, with possible action The Council received a letter from the Mound Bay Business Council, asking the City Council's help to promote Mound and its surrounding businesses. They are asking the City to pay for three full page ads in the Laker, Gold Miner, Mound Business and the Lakeshore Weekly News. 6 Mound City Council Minutes - October 26, 2004 MOTION by Brown, seconded by Osmek to approve payment of $1000 towards the promotion of Mound businesses, to come out of the Council's 2004 budget. All voted in favor. Motion carried. 11. Miscellaneous/Correspondence A. Correspondence: Westonka Healthy Community Collaborative Mediacom AMM LMCD WeCan Sleep-Out: Meyer stated that beginning November 18th in the Parking Lot of Mound MarketPlace, a sleep-out event will take place and invited all to participate and/or pledge. 12. Adjourn MOTION by Osmek, seconded by Hanus to adjourn the meeting at 11'13 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 7