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2004-11-09MOUND CITY COUNCIL MEETING NOVEMBER 9, 2004 The City Council of the City of Mound, Minnesota, Hennepin County, Minnesota, met in regular session on Tuesday, November 9, 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, Community Development Director Sarah Smith, City Engineers John Cameron and Bob Dehler, Public Works Superintendent Carlton Moore, Mike Wyatt, Chuck Alcon, Tom Stokes, John Beise, Mike Specht, Cheryl Martin, Rich Pugh. 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 requests, 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. Pled_~e of Allegiance 3. Canvass of Municipal Election MOTION by Osmek, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 04-128: RESOLUTION CERTIFYING THE RESULTS OF THE MUNICIPAL ELECTION AS PRESENTED, AS THE CANVASS OF VOTE OF THE NOVEMBER 2, 2004 MUNICIPAL ELECTION 4. Approve Aqenda Meisel requested the addition of Item 7B, Resolution Amending Standards and Guidelines for Deferral of Special Assessments, and Hanus requested the removal of Item D from the consent agenda. MOTION by Brown, seconded by Osmek to approve the agenda as amended above. All voted in favor. Motion carried. Mound City Council Minutes - November 9, 2004 5. Consent A_~enda MOTION by Hanus, seconded by Osmek to approve the consent agenda with the exception of item 5D. All voted in favor. Motion carried. A. Approve minutes of the October 26, 2004 regular meeting and October 28, 2004 special meeting. B. Approve payment of claims in the amount of $511,688.38. C. Approve Payment Requests 1. Payment Request No. 11 from Environmental Associates for $54,283.32 for work on the Lost Lake Greenway Project 2. Final Payment Request from pearson Brothers for $2,900.00 for the 2004 Seal Coat Program D. (removed) E. RESOLUTION NO. 04-129: RESOLUTION TO APPROVE THE RELEASE OF TAX FORFEITED PROPERTY. PID #19-117-23-32-0128. F. Approve Planning Commission Recommendation: Case #04-38: Randy Valek and Mike Mueller, Jr. - Waiver of Platting RESOLUTION NO. 04-130: RESOLUTION TO APPROVE REQUEST FROM RANDY VALEK AND MIKE MUELLER, JR. FOR WAIVER OF PLATTING APPROVAL FOR LOTS 23, 24, 25, 38, 39, AND 40, BLOCK 3, LAKESIDE PARK, A.L. CROCKER'S 1sT DIVISION, MOUND, MINNESOTA, TO CREATE TWO (2) LOTS. P&Z CASE #04-~[8, PID #13-117-24-32-0062. ,.J G. Set joint Council/HRA special meeting workshop with BFL2 to review financial issues related to the hotel project for November 23, 2004, at 6:30 p.m. H. Approve authorization of staff to secure bids for legal newspaper for the City of Mound. 5D. Approve Addition of Street Li.qht(s) on Denbi~h Road Hanus requested that this be pulled from the consent agenda because his residence is on Denbigh Road and his wife signed the subject petition. MOTION by Brown, seconded by Osmek to adopt the following resolution: The following voted in favor: Brown, Meisel, Osmek and Meyer. The following voted against: Meyer. Hanus abstained from voting. Motion carried. RESOLUTION NO. 04-131: RESOLUTION TO APPROVE THE PLACEMENT OF ADDITIONAL STREET LIGHTS ON DENBIGH ROAD 6. Comments & Su.q.qestions from Citizens Present on any Item Not on the A_clenda Richard Pugh, 6201 Red Oak Road, appeared before the Council stating that he was a write-in for the municipal election and felt that the results should have been published because voters want to know how many votes he got. He 2 Mound City Council Minutes - November 9, 2004 continued by expressing displeasure with the Mound Police Department and how they allegedly treat residents. Peter Meyer, 5748 Sunset Road, addressed the council as a private citizen, asking for clarification on a question that several citizens have asked him. He asked if Mayor Meisel was planning on resigning early in this term and if Hanus was planning on assuming the Mayor's role upon Meisel's resignation. He finds this disturbing and a cowardly way to circumvent the election process. Meisel answered him, stating that her health is the best it's been in six years, and that she's committed to the voters of this city. She's a taxpayer, and citizen and wants to see Mound come back to life and that's the reason she ran for another term, the reason she's here today, and the reason she will fulfill the next two year term. Hanus stated he's been hearing the subject rumor for some time and assured the public that there is no merit in it. With him not being on the Council, there is no way that he could be appointed Mayor because of the process to fill vacancies. He has no plan to be appointed to anything and couldn't be appointed if he wanted. It's not legal. 7. Public Hearinq A. Presentation by Minnehaha Creek Watershed District staff representative Mike Wyatt Mike Wyatt of the Minnehaha Creek Watershed District gave a presentation to the Council on Innovative Stormwater Strategies for Downtown Mound. The MCWD would like to determine whether the City would consider what they are proposing and confirm whether they want to commit to a partnership in this project. The presentation of this concept is just one step towards a project between the Watershed, the City and the Developer. Mayor Meisel opened the public hearing at 8:25 p.m. and asked for public comment. Chuck Alcon, project manager with Mound Harbor Renaissance Development stated that his team has reviewed the MCWD proposed project in detail and are very impressed. Their engineers have reviewed the plan and believe that it's a feasible project. Mayor Meisel closed the hearing at 8:30 p.m. Wyatt stated that the County Board is looking to approve their budget on November 23, 2004, and he would like to be able to report to them that the City Council is supportive of the conceptual design. There are a number of milestones where it can be determined if the relationship should continue before a final agreement is signed. 3 Mound City Council Minutes - November 9, 2004 MOTION by Hanus, seconded by Brown to express their approval of the conceptual design for Mound Downtown Redevelopment: Lost Lake/Langdon Lake/Cooks Bay Improvement Project as presented by Minnehaha Creek Watershed District. All voted in favor. Motion carried. 7B. Approve Resolution Amending Standards and Guidelines for Deferral of Special Assessments MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 04-132: RESOLUTION AMENDING STANDARDS AND GUIDELINES FOR DEFERRAL OF SPECIAL ASSESSMENTS AGAINST OWNER OCCUPIED HOMESTEAD PROPERTIES IN HARDSHIP CASES FOR QUALIFIED HOMEOWNERS 8. Action on Resolution Authorizinq Submittal of New Multiple Dock Application to the LMCD MOTION by Brown, seconded by Osmek to adopt the following resolution. Meyer stated he is going to vote against this because it is just too much, too dense, too much dredge, and too many docks next to a contaminated area. The following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. RESOLUTION NO. 04-133: RESOLUTION AUTHORIZING SUBMITTAL OF NEW MULTIPLE DOCK APPLICATION TO THE LAKE MINNETONKA CONSERVATION DISTRICT (LMCD) FOR DOCKS TO BE CONSTRUCTED IN THE LOST LAKE DISTRICT A PART OF MOUND HARBOR RENAISSANCE REDEVELOPMENT PROJECT (MHRD) 9. ACTION ON Resolution Authorizing MFRA to proceed with Chateau Lane Elevated Water Storage Project Bob Dehler reviewed the feasibility study for the Chateau Lane elevated water storage construction. MOTION by Brown, seconded by Osmek to adopt the following resolution as amended. All voted in favor. Motion carried. RESOLUTION NO. 04-134: RESOLUTION AUTHORIZING McCOMBS FRANK ROOS ASSOCIATES TO PROCEED WITH CHATEAU LANE ELEVATED WATER STORAGE PROJECT 4 Mound City Council Minutes - November 9, 2004 10. Action on Resolution on 2005 Street Reconstruction Project John Cameron reviewed the feasibility study for the 2005 Street Reconstruction Project. The Council engaged in discussion as to if some of the street could be delayed for a future year's project. Cameron informed them that all of the streets were rated according to a process developed by the Asphalt Institute MOTION by Meyer, seconded by Meisel to adopt the following resolution. The following voted in favor: Meisel and Meyer. The following voted against: Hanus and Osmek. Brown abstained from voting. Motion did not pass. John Dean informed the Council that after the public hearing, the Council can still remove streets from the project if the deem appropriate. MOTION by Brown, seconded by Meyer to adopt the following resolution. The following voted in favor: Brown, Meisel and Meyer. The following voted against: Osmek and Hanus. Motion carried. RESOLUTION NO. 04-135: RESOLUTION RECEIVING REPORT AND CALLING HERING ON 2005 STREET RECONSTRUCTION PROJECT 11. Action on Resolution Settinq Bid Date for Well #8 Pump House MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 04-136: RESOLUTION ORDERING ADVERTISEMENT FOR BIDS FOR WELL #8 PUMP HOUSE 12. Discussion/Action on Assessment aqainst Dock Lots Contained in 2004 Street Reconstruction Project Meisel stated she has a problem assessing the dock lots involved in the 2004 Street Reconstruction Project because the dock lots are not addressed in the current Street Assessment Policy. It was noted that at the assessment hearing, a resident recollected the Mayor stating at the improvement hearing that the dock lots wouldn't be assessed. After reviewing the tape of that hearing, it was discovered that the City Engineer made a statement to that affect, not the Mayor. The City Attorney has determined that this statement doesn't prohibit the Council from assessing these 18 dock lots. Cameron stated that the preliminary assessment report is just the suggested assessment procedure, not the final, and assessment are based on the improvement to the property and there was improvement to these dock lots. 5 Mound City Council Minutes - November 9, 2004 MOTION by Osmek, seconded by Hanus that the city take over the payment for the eighteen dock lots on the 2004 Street Reconstruction project, and to direct staff to place in the street assessment policy, that dock lots are assessed the ¼ unit fee for future improvements. The following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. 13. Report: Miscellaneous/Correspondence Operation Clean Sweep - Hanson mentioned that 283 written violations were issued on the Island this summer, and of those, 189, or 67% corrected the problem at the time of the scheduled re-inspection and an additional 64 properties complied at the time of the second inspection. Overall, 89% of the properties that were inspected have corrected their problems. Finance Department - October 2004 Status of Project - CSAH 15 - Hanson read a letter from Hennepin County giving progress of the project. Correspondence: City of Mound to Minnetonka Boat Club & Rental LMCD Newsletter: Gillespie Center Hennepin County Sheriff's Office Lake Minnetonka Association 14. Adjourn MOTION by Brown, seconded by Osmek to adjourn at 10:20 p.m. All voted in favor. Motion carried. Attest Bonme R~tter, C~ty Clerk Mayor Pat Meisel ~ 6