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2005-10-11 MOUND CITY COUNCIL MINUTES OCTOBER 11, 2005 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 11, 2005, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise, and David Osmek. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Dick and Mary McCurdy, Jim Fitzblom, Jim Bedell, Marc Morgan, Scott Thoma, Mary Ellen Storlien, Todd Schell, Dave & Jill Hempel, Gayle Grady, Donna Easthouse, Gen Olson, Scott Picha, Danene Provencher, Eva Hasch, Jen & Brad Searl, Dan Paselk, Margaret Bargman, Marvel Johnson 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 Meeting Mayor Meisel opened the meeting at 7:30 p.m. 2. Pledge of Allegiance 3. Approve Agenda Hanson requested the addition of item 4H, approving change order #2 to the 2005 Street Reconstruction Project. MOTION by Beise, seconded by Osmek to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent Agenda MOTION by Osmek, seconded by Specht to approve the consent agenda, with the addition of 4H. Upon roll call vote taken, all voted in favor. Motion carried. A. Approve minutes of September 27, 2005 regular meeting B. Approve claims in the amount of $889,608.28. C. Approve Payment Request #5 from Buffalo Bituminous in the amount of $453,877.56 for the 2005 Street Improvement Project. D. Approve request to construct the retaining wall on Hidden Vale Lane at Eden Street and approve waiver and consent with the property owner at 2361 Fairview __ Lane for assessment of a portion of the construction costs (estimated at $7,225 for owner's share). Mound City Council Minutes -October 11, 2005 E. Approve award of contract for 2005 Storm Sewer Improvements (Denbigh Road and Driftwood Lane) in the amount of $33,317.50 to Widmer Construction. F. RESOLUTION NO. 05-136: RESOLUTION TO AMEND RESOLUTION NO. 05- 77 TO EXTEND TIMELINE FOR RECORDING OF SUBDIVISION EXEMPTION FOR DOCK PARCEL SUBDIVISION ASSOCIATED WITH PROPERTY LOCATED AT 3192 WESTEDGE BOULEVARD TO BE COMBINED WITH PROPERTY LOCATED AT 3166/3170 WESTEDGE BOULEVARD FOR 60 DAYS. PID #23-117-24-33-0002 AND 23-117-24-34-0059. G. RESOLUTION NO. 05-137: RESOLUTION APPROVING A SNOWMOBILE TRAIL CONNECTION FROM THE LOST LAKE CHANNEL TO CYPRESS BOULEVARD IN COOPERATION WITH THE SOUTHWEST TRAILS SNOWMOBILE CLUB H. Approve change Order No. 2 to the 2005 Street Improvement Project, from Buffalo Bituminous in the amount of $37,605.00. Change order to furnish all labor and materials for the removal and replacement of retaining walls at the intersection of Hidden Vale Lane and Eden Street and 3036 Drury Lane. 5. Comments and suggestions from citizens aresent on any item not on the agenda. - None were offered. "-'" 6. Public Hearings A. 2005 Central Business District Parking Maintenance Assessment Mayor Meisel stated that she will be abstaining from voting because she is an owner of property in the CBD district. Mayor Meisel opened the public hearing at 7:34 p.m. and upon hearing no comment, closed the hearing at 7:35 p.m. MOTION by Osmek, seconded by Specht to adopt the following resolution. The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Mayor Meisel abstained from voting. Motion carried. RESOLUTION NO. 05-138: RESOLUTION ADOPTING 2005 CBD PARKING MAINTENANCE ASSESSMENT ROLL TO BE CERTIFIED TO THE COUNTY AT 8% INTEREST: LEVY #16365. B. Delinquent Sewer and Water Assessment Mayor Meisel opened the public hearing at 7:36 p.m., and upon hearing no comment closed the public hearing at 7:37 p.m. MOTION by Brown, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. 2 Mound City Council Minutes -October 11, 2005 RESOLUTION NO. 05-139: RESOLUTION ADOPTING 2005 DELINQUENT WATER AND SEWER ASSESSMENT TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST: LEVY 16366. C. Case #04-40: Street vacation -portion of unimproved Kells Lane Sarah Smith reviewed the request from Marc Morgan to vacate a portion of unimproved Kells Lane which is located immediately south of his property located at 4685 Wilshire Boulevard. Mayor Meisel opened the public hearing at 7:51 p.m. Marc Morgan, 4685 Wilshire Blvd., stated that he understands that there is a permanent driveway easement and utility easements running through the proposed vacation and he is OK with these. Discussion followed regarding the feasibility of moving the proposed property to coincide with the driveway easement, which would then eliminate that easement because that portion would then belong to the neighbor. Scott Thoma, 4679 Wilshire Blvd., is the neighbor to the east of Morgan, and stated that he supports the vacation as applied for. Margaret Bargman, 4691 Wilshire Blvd., stated that she has no trouble with the vacation as proposed. Mayor Meisel closed the public hearing at 8:05 p.m. MOTION by Brown, seconded by Beise to approve the vacation as submitted, with the direction to staff to investigate moving the lot line to correspond with the driveway easement for the property to the east. Vacation resolution to include documentation that neighbor to east accepts this. This resolution will appear on the next council agenda. All voted in favor. Motion carried. 7. Presentation by Marcia Wilda of Hennepin County Regional Rail Authority Marcia Wilda and Jessica Galatz made a presentation regarding the use of the corridor right-of-way of the Dakota Rail Corridor throughout Hennepin County, and answered questions from the public. A draft of the proposed policy is on file in the office of the City Clerk for public inspection and comment. 8. Presentation by Louis Jambois of Association of Metropolitan Municipalities Mr. Jambois outlined the value of the Association of Metropolitan Municipalities' (AMM) to its member cities. 3 Mound City Council Minutes -October 11, 2005 9. Action on dock site revocation appeal by Malarky Kandis Hanson reviewed the staff recommendation regarding the appeal of dock revocation received from Denise Malarky at 1701 Shorewood Lane. She has been invited the Docks Commission meeting and two Council meetings and has not attended. In light of that, staff recommends her dock revocation be approved. MOTION by Brown, seconded by Osmek to deny Ms. Malarky's appeal, thus resulting in revocation of her dock rights in the City of Mound Dock Program. All voted in favor. Motion carried. 10. Action on Resolution Vacating Portion of Halstead Lane This item was discussed at length at the September 27 council meeting with direction to present the resolution vacation a portion of Halstead Lane at this meeting. MOTION by Brown, seconded by Osmek to adopt the following resolution. The following voted in favor: Brown, Specht and Osmek. The following voted against: Beise and Meisel. Motion carried. RESOLUTION NO. 05-140: RESOLUTION TO APPROVE THE VACATION OF A PORTION OF UNIMPROVED HALSTEAD AVENUE ADJACENT TO THE PROPERTY ___. LOCATED AT 6619 BARTLETT BOULEVARD. P&Z CASE #05-06 11. Update from Tom Rockvam on the Andrews Sisters Commemoration Tom Rockvam reported that over 200 people attended the Andrews Sisters Revival held at the Gillespie Center on September 25. He is requesting that the Council approve naming a portion of the trail in the Lost Lake District after the Andrews Sisters. MOTION by Brown to name the trail from Commerce Boulevard to Wolner Field, the Andrews Sisters Trail. Beise seconded the motion with amendment that the Park Commission be asked to make recommendation on location and type of signage. Brown accepted the amendment. Osmek asked them to accept a friendly amendment, being that the section from Commerce to Wolner Field will conceptually be named after the Andrews Sisters and the formal naming determination be made after review by the Parks Commission. Brown and Beise accepted that amendment. Specht offered another amendment, that the exact length of trail to be named after the Andrews Sisters be determined by the Parks Commission and Brown wouldn't accept that amendment. All voted in favor. Motion carried. 12. Miscellaneous/Correspondence A. Questions and comments from Councilmembers -Specht asked about the feasibility of having the stops signs at Tuxedo and Piper Road, by AI & Alma's, be seasonal and covered during the winter months when the restaurant is closed. Hanson will forward this on to Public Works and the Police Department for their review and recommendation. 4 Mound City Council Minutes -October 11, 2005 B. Correspondence: Crime Prevention Annual Meeting LMCD C. Resignation: CSO Mike Wocken -Brown wanted to thank Mike Wocken for the wonderful job he has done as CSO for the City of Mound. Hanson also commented on the positive results that were obtained from his efforts in the clean-up of properties in the City. D. Reports: Finance Department -September 2005 13. Adjourn MOTION by Osmek, seconded by Specht to adjourn at 9:38 p.m. All voted in favor. Motion carried. ,-~ Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 5