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2004-11-23MOUND CITY COUNCIL MINUTES NOVEMBER 23, 2004 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 23, 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, City Engineers John Cameron and Bob Dehler, Public Works Superintendent Carlton Moore, City Planner Loren Gordon, John Beise, Mike Specht, Cheryl Martin, Rebecca Bowers, Karl Weisenhorn, Bernard Benz, Ron Hendley, Marjorie Heystek, Ken Reich, Robert Holman, Ann Eberhart, Ron Motyka, Steve Sullivan, Nancy Selle, Marty & Marie Johnson, Richard Baanrud, Karl Swnason, T.J. Garin, Carol Pollock, Mary Ellen Storlien, Roger Braatz, Mike Edwards, Dianne Edwards, J.L.Olson, Kathy Arendt, Pamela Janisch, Vince Forsman, Mike Schulz, Dean Fleming, Milorad Paundvic, Ruzica Njakara, Tracy Walstrom, Dave Harrison, Bill Lovkvist, Bruce Frahm. Consent Agenda: Afl items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roil 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.qe of Allegiance 3, Approve Agenda Brown requested to move Item 8B, Police Department, to Item 5A. Hanus requested removing Item B and C from then consent agenda. MOTION by Osmek, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent Aqenda MOTION by Brown, seconded by Osmek to approve items A, D and E of the consent agenda. All voted in favor. Motion carried. A. Approve Minutes of November 8, November 9, and November 16, 2004. B. (removed) C. (removed) Mound City Council - November 23, 2004 D. Approve the terms of the 2004-2005 Labor Agreement with Law Enforcement Services, Inc., representing Mound Police/Patrol Unit. E. RESOLUTION NO. 04-137: MUNICIPAL STATE AID STREET FUNDS ADVANCE RESOLUTION 4B. Approve Payment of Claims Hanus requested that the payment to the LMCD for the Lost Lake Transient Dock in the amount of $1,162.75 be changed from being charged to the dock fund, to the general fund. MOTION by Osmek, seconded by Brown to approve payment of the claims in the amount of $458,351.78. Upon roll call vote taken, all voted in favor. Motion carried. 4C. PlanninR Commission Recommendations - Case 04-34: Mark & Tracy Walstrom Variance Hanus suggested changes to the resolution approving the subject variance. MOTION by Brown, seconded by Osmek to approve the following resolution as amended. All voted in favor. Motion carried. RESOLUTION NO. 04-138: RESOLUTION TO APPROVE A FRONT SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A GARAGE ADDITION AT 4872 LESLIE ROAD 5. Comments & sug.qestions from citizens on any item not on the a~enda. Peter Meyer, 5748 Sunset Road, spoke from the podium, in rebuttal to a publication put out regarding his past Council voting record. The publication has Councilmember Hanus' address on the bottom. He summarized the content of the publication stating that the statements made in it were false. Hanus then spoke, defending the content of the publication, stating that it's contents are true. 5A. Police Department Report Brown clarified some points regarding the Police Department that a citizen had commented on at an earlier meeting. He reviewed a report prepared by Chief Kurtz that was included in the Council Agenda packet. 6. Public Hearing A. 2005 Street Reconstruction Improvement Hearinq John Cameron reviewed the project feasibility study and preliminary cost estimates. Mayor Meisel opened the public hearing at 8:15 p.m. Karl Weisenhorn, 1733 Bluebird Lane, asked how the term unit is defined, and Cameron explained same. 2 Mound City Council Minutes - November 23, 2004 Mary Storlien, 1595 Dove Lane, informed the Council of a drainage problem on her corner and Cameron will look into it. Nancy Selle, 2685 Westedge Blvd, asked how she would be assessed on a corner lot and Cameron explained she would be charged ¼ a unit now and the other ¼ with the other street was improved. Marty Johnson, 1582 Bluebird Lane, also asked how his parcel would be assessed because his lot runs through and abuts streets on both the back and front. Cameron stated that he would be assessed for ¼ unit when one street was done, and ¼ unit when the other one was done. Ron Motyke, 1545 Bluebird Lane, stated that on Dove Lane, the road narrows and people park there to fish. He asked if that street was going to be expanded and legal curbs put in. Cameron explained that no curb was put in originally because the lake is too close and there is only a 30' right of way. It will be looked at to see if anything will be done with the curb and gutter, along with the storm sewer. Bill Lovkvist, 1670 Halstead Lane, expressed concern over construction traffic using Halstead Lane instead of Westedge. Kandis Hanson stated she will check on what can be done to regulate the construction traffic. Diane Edwards, 2805 Halstead Lane, also stated that the construction traffic is using Halstead. John Dean stated that it would be worth pursuing, if a bond is being held by Minnetrista, will it also cover damage to Mound streets. This will be investigated. Rebecca Bowers, 4937 Crestview Road, stated that she feels the proposed assessment is reasonable and the area needs to be improved. She commended the Council and City Staff on their efforts to improve the city streets and the downtown area. Barb Weibeler, 6391 Otter Road, asked if they would have to drive in construction all summer because it was stated that the construction would go from May to September. She also stated she has a damaged apron. Cameron told her that the construction would be done in sections to avoid having all of the streets torn up all summer, and that he will look at all aprons and curbs. Joel Reinitz, 2610 Halstead Lane, asked if he could assume that if the sod is torn up, it would be reapried and Cameron told him that if have to do any curb repair, the sod is restored. Reinitz stated that when the Minnetrista project was done, he reviewed the condition of the sod in front of his house with Carlton Moore and Greg Skinner and they thought it was repaired sufficiently, but he doesn't. Hanus stated that in last year's project quite a bit of sod was repaired and there were no complaints about it. Reinitz told him to go out to his property and tell him if that's adequate. 3 Mound City Council Minutes - November 23, 2004 Hank Heystek, 6501 Bay Ridge Road, stated he is also very happy that the streets are being repaired. They are 25-30 years old and in his walks around the city, sees a lot of them that are in need of repair. Bob Goodfellow, 1730 Avocet Lane, wanted clarification on what was gong to be done on Three Points. Cameron explained that on Avocet they are just looking at milling and overlaying the top layer, unless concrete curbs needs repair. Goodfellow also asked about his retaining wall and was told that the city also has a retaining wall replacement program in progress. Upon no further public comment, Mayor Meisel closed the public hearing at 8:58 p.m. Meisel stated that a letter was handed out that was received from Beth Lutherof of 1604 Dove Lane, opposing the project. MOTION by Brown, seconded by Osmek to adopt the subject resolution. Dean expressed concern because during the last improvement hearing statements were made about assessment policy and the Council felt bound by those statements. He suggests that perhaps the policy questions be resolved before the project is ordered. Brown withdrew his motion and Osmek withdrew his second. There had been questions regarding the definition of a "unit" in the assessment policy. Discussion followed regarding the interpretation of the definition of the term "unit". MOTION by Brown, seconded by Osmek to approve a change in the assessment policy as it relates to the definition of unit to read: A parcel, whether created by subdivision, lot split, tax combination, or tax split, that exists on the date that the improvement is ordered. All voted in favor. Motion carried. Cameron brought to the Council's attention a situation on Rusticwood Road, where a property owner has granted an easement to his neighbor for a driveway. The question is who is to pay for the driveway apron. After discussion it was decided that there will be an assessment for this apron and who will be responsible for it will be determined at a later date. MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 04-139: RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR 2005 STREET RECONSTRUCTION PROJECT 4 Mound Council Minutes - November 23, 2004 7. Presentation of Mound Visions Alternate Urban Areawide Review (AUAR) Loren Gordon reviewed the AUAR, stating that the document should be used to guide development review processes and permitting for future downtown development. This is the draft version of the document where agencies and the public can comment during the 30-day review period. An open house will be held on December 15th to invite public comment. No action needed at this time. 8. Miscellaneous/Correspondence A. Correspondence: Westonka Healthy Community Collaborative B. Reports: Finance Department - October 2004 Fall Clean-up Police Department (moved to 5A) C. Newsletters: Hennepin County 9. Adjourn MOTION by Osmek, seconded by Brown to adjourn at 10:05 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Me~sel 5