2007-03-13MOUND CITY COUNCIL MINUTES
MARCH 13, 2007
The City Council of the City of Mound, Hennepin County, Minnesota, met in
regular session on Thursday, March 13, 2007, at 7:30 p.m. in the council
chambers of city hall.
Members Present: Mayor Mark Hanus; Councilmembers David Osmek, Mike
Specht, John Beise and Greg Skinner.
Others Present: City Attorney John Dean, City Manager Kandis Hanson,
Community Development Director Sarah Smith, Public Works Director Carlton
Moore, Jim Dailey, Pamela Hinck, Steve Ekeberg, Vladimir Sivriver, Dave
Callister
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 Hanus called the meeting to order at 7:30 p.m.
2. Pledge of Allegiance
3. Approve agenda
Specht requested the removal of Item 41 from the Consent Agenda for
discussion. Hanus requested the removal of Item 4D and 4F from the Consent
Agenda.
MOTION by Osmek, seconded by Beise to approve the agenda as amended. All
voted in favor. Motion carried.
4. Consent agenda
MOTION by Beise, seconded by Specht to approve Consent Agenda Items 4A,
46, 4C, 4E, 4G, and 4H. Upon roll call vote, all voted in favor. Motion carried.
A. Approve minutes of the February 27, 2007 regular meeting
B. Approve payment of claims in the amount of $1,657,579.72.
C. RESOLUTION NO. 07-27: RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR
2007 STREET IMPROVEMENT PROJECT
D. (removed)
E. Set special meeting for Finance Workshop: Tuesday, April 10, 2007 at
6:00 p.m.
Mound City Council Minutes -March 13, 2007
F. (removed)
G. Approve agreement for disposal between NRG Processing Solutions,
LLC, and the City of Mound
H. Approve Transient Merchant License for Northwest Tonka Lions for Music
in the Park, with fee waived
I. (removed)
4D. Approve construction plans submitted by Three Rivers Park District
for Dakota Rail Regional Trail
Hanus asked about the six reserved parking spots to be reserved for trail users.
Carlton Moore answered that he attended the meeting regarding this, and the
City can determine where to locate these spots, whether it be in the ramp or on-
street. He also stated that Hennepin County is paying $300,000 for the
stormwater management in that area, and the city is fiscally responsible for the
parking spaces. Hanus also stated that the letter in the packet refers to the
plans, and asked where the actual plans are. Moore stated that the trailhead
plan is part of the City's transit district plan. Hanus also asked if motorized
vehicles will be allowed on the trail and Moore stated no motorized vehicles will
be allowed on the trail in Hennepin County.
MOTION by Osmek, seconded by Specht to approve the construction plans
submitted by Three Rivers District for the Dakota Rail Regional Trail. All voted in
favor. Motion carried.
4F. Planning Case #07-05 for waiver of platting for property located at
47XX Manchester Road
Sarah Smith had a handout for this item, and highlighted a recommended
change, being that an additional condition be added to require the re-dedication
of the 5' roadway easement and 7.5' utility easement. Hanus asked for
clarification regarding the history of the lot split/combination, with regard to the
park dedication fees required. Smith will look into it and correct if needed.
Hanus also was concerned over stating an amount for the sewer and water
connection fees, rather than what is in the fee schedule at time of issuance of the
building permit, and suggests removing the dollar amount from the resolution.
Hanus also suggested new wording for Item 14 under the conditions as "The new
lots abutting Cumberland Road will be deemed to have front yard setbacks to
Cumberland Road. Sideyard setbacks shall be imposed according to code
without variances." Smith agreed with this change.
MOTION by Hanus, seconded by Specht, to adopt the following resolution as
amended, with directive to staff to determine if the second park dedication fee is
applicable and to impose accordingly, and to including the easement
recommendation made by staff. All voted in favor. Motion carried.
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Mound City Council Minutes -March 13, 2007
RESOLUTION NO. 07-28: RESOLUTION TO APPROVE REQUEST FROM
CHARLES HENKE FOR WAIVER OF PLATTING APPROVAL FOR
PROPERTY LOCATED AT 47XX MANCHESTER ROAD TO CREATE TWO (2)
LOTS. PID #19-117-23-32-0089, PLANNING CASE #07-05.
41. Approve temporary sign permit for Dailey's Pub for advertisement of St.
Patrick's Day specials/events
Specht stated he requested this item be removed from the consent agenda
because Jim Dailey is in attendance and wants to comment.
Jim Dailey, 3026 Casco Point Road, Orono, appeared before the Council
expressing his frustration over having to be before the Council again, when he
was here two weeks ago and thought the banner issue was resolved. He feels
singled out when all other businesses in town have signs out, and feels it could
have been taken care of administratively. Hanus stated Dailey is governed by
the same sign ordinance that every other business is, and this was a stipulation
put on his liquor license because at time of issuance it was deemed appropriate.
MOTION by Specht, seconded by Osmek to approve the temporary sign permit
for bailey's Pub for advertisement of St. Patrick's Day specials/events. All voted
in favor. Motion carried.
5. Comments and suggestions from citizens present on any item not on
the agenda. None were offered.
6. Public hearing
Review of Planning Case 06-43 and 06-44 - 2-lot minor subdivision and street
vacation - 4731 Wilshire Blvd.
Sarah Smith reviewed the application from Vladimir Sivriver for a minor
subdivision and vacation approval to subdivide the property located at 4731
Wilshire Blvd to create (2) lots. As proposed the lot split will create new lot lines
and includes the north half (15 feet) of unimproved Suffolk Road. The Planning
Commission recommended approval of the request, with conditions.
Skinner questioned number 21 under the conditions in the resolution with regard
to the definition of permanent structures in the easement. John Dean stated that
typically it is stated that there are no encroachments on the easement, not
structures, and this language can be incorporated in the easement itself.
Mayor Hanus opened the public hearing at 8:15 p.m.
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Mound City Council Minutes -March 13, 2007
Steve Ekeberg, 4728 Bedford Rd, abutter to the south of the portion of Suffolk
road proposed to be vacated, appeared saying that he didn't participate in the
request for vacation because of lack of understanding of the process to do so.
He stated he would like to get his half of Suffolk Road and doesn't believe there
will ever be any utilities placed there. Hanus recommended he contact Sarah
Smith and she can guide him through the vacation process for the other portion
of Suffolk Road not included in the present application. Ekeberg stated that he is
not opposed to the application that is the subject of this hearing.
Vladimir Sivriver, surveyor, stated that they applied the way they did so as to not
require any variances, and thanked the Council and Sarah Smith for their
cooperation and help.
Pamela Hinck, 4743 Wilshire Blvd, stated she is next to the proposed property
and doesn't oppose the subdivision and street vacation, but she does have a
huge drainage issue right now and wants to make sure that this subdivision
doesn't add to it. She was informed that there are conditions in the resolution
that address drainage issues.
Upon no further comment, Mayor Hanus closed the public hearing at 8:23 p.m.
MOTION by Osmek, seconded by Specht to adopt the following resolution.
Hanus requested striking the words "of $240.00 each respectively" and replace
with "for each lot" from Item 11 of the conditions. Osmek and Specht accepted
this as a friendly amendment. All voted in favor. Motion carried.
RESOLUTION NO. 07-29: RESOLUTION TO APPROVE A 2-LOT MINOR
SUBDIVISION AND VACATION OF UNIMPROVED PORTION OF SUFFOLK
ROAD ADJACENT TO PROPERTY LOCATED AT 4731 WILSHIRE
BOULEVARD
7. Dave Callister of Ehlers & Associates on sale of bonds for 2007 capital
purchases and proiects
Dave Callister of Ehlers & Associates reviewed the results of the three bond
sales, receiving very good interest rates. Moody's rating was affirmed as Aa3.
A. Series 2007A, $2,725,000 General Obligation Improvement Bonds, are for
the 2007 Street Project, Lost Lake Greenway, and some retaining wall
improvements. Five bids were received with the lowest being Harris N.A.,
of Chicago, IL. The true interest cost is 3.9130% for 15 years.
MOTION by Osmek, seconded by Beise to adopt the following resolution.
all voted in favor. Motion carried.
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Mound City Council Minutes -March 13, 2007
RESOLUTION N0.07-30: RESOLUTION PROVIDING FOR THE
ISSUANCE AND SALE OF $2,725,000 GENERAL OBLIGATION
IMPROVEMENT BONDS, SERIES 2007A, PLEDGING SPECIAL
ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A
TAX FOR THE PAYMENT THEREOF
B. Series 20076, $2,355,000 General Obligation Utility Revenue Bonds for
improvement in the water and sewer funds along with the reconstruction
projects and other needed repairs. Four bids were received with the
lowest being Wells Fargo Brokerage Services, LLC, of Minneapolis, with
true interest cost of 4.0132% for 20 years.
MOTION by Osmek, seconded by Beise to adopt the following resolution.
all voted in favor. Motion carried.
RESOLUTION NO. 07-31: RESOLUTION PROVIDING FOR THE
ISSUANCE AND SALE OF $2,355,000 GENERAL OBLIGATION
UTILITY REVENUE BONDS, SERIES 20076 AND PLEDGING FOR THE
SECURITY THEREOF NET REVENUES
C. Series 2007C, $180,000 General Obligation Equipment Certificates, which
is part of the annual budgeting process to cover equipment purchases for
this year. This was sent to local banks, and received three bids with the
lowest being United Bankers Bank of Bloomington, MN, with true interest
cost of 4.0626% for 5 years.
MOTION by Beise, seconded by Osmek to adopt the following resolution.
All voted in favor. Motion carried.
RESOLUTION NO. 07-32: RESOLUTION PROVIDING FOR THE
ISSUANCE AND SALE OF $180,000 GENERAL OBLIGATION
EQUIPMENT CERTIFICATES, SERIES 2007C, AND LEVYING A TAX
FOR THE PAYMENT THEREOF
8. Approving professional services contract with Architectural Alliance for
the concept development stage of a proposed public works maintenance
facili
Carlton Moore reviewed the proposed contract. Hanus questioned on page 5 of
their proposal where they say they will provide three or more alternatives, and in
another place in the proposal it states up to three. Moore stated that in the actual
agreement it states they will develop up to three facility design concepts based
on the needs study, and that the concepts may be for different locations including
the feasibility of adding on and remodeling the existing facilities.
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Mound City Council Minutes -March 13, 2007
MOTION by Osmek, seconded by Beise, to approve the professional services
contract with Architectural Alliance for the concept development stage of the
proposed public works maintenance facility, as presented. All voted in favor.
Motion carried.
9. Miscellaneous/Corerspondence
A. Comments/reports from Councilmembers:
(1) Hanus expressed concern over the "360 degree" process used for
the City Manager's performance evaluation. It bothers him that the
City Manager chooses who submits her review from the outside.
He would like to come up with a process that reduces the
impropriety that could be perceived. There are only five people in
the city directly responsible for the City Manager's performance,
and that's the City Council. He thinks the Council is the body that
needs to weigh in on the process more heavily. He proposes
having all the recipients complete their evaluation and not have the
scores compiled, but give all the evaluations to the
Councilmembers for their consideration. This process would
remove these select people from directly impacting her evaluation
score. He suggests directing the City Manager to alter the process
as explained.
Skinner questioned the reason for changing the process and
suggested having the Council pick the recipients. Osmek stated
that it's too late for this year because they've already been sent out.
This can be taken into consideration for next year.
Hanson doesn't understand where the appearance of impropriety is
because she puts people on the list that she knows dislike the City
and have had differences with her. This is a chance for people to
be real honest, and Hanus stated that he's concerned that accurate
responses are not being received for various reasons. He
recognizes the merit in the process, but as citizens find out that the
City Manager hand picks who does her review, there is impropriety
there regardless of the intent. He doesn't know of anyone else that
picks who does their review, and has received negative feedback
regarding the present process.
Skinner still feels that the process should continue as started for
this year and looked at changing next year. Specht stated that he
likes the idea of having the other evaluations to review before the
Council fills out theirs. Beise stated that this could be put on the
March 27th agenda for action on the process, to give
Councilmembers an opportunity to think about it.
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Mound City Council Minutes -March 13, 2007
Council gave directive to staff to compile the evaluation scores and
comments from the outside recipients and supply this data to the
Council so they can take this data into consideration before
completing their performance evaluations for the City Manager.
The City Council's scores are the only ones that will actually count
in determining the final numbers.
(2) Specht conveyed condolences to Police Chief Jim Kurtz and his
family for the recent death of his sister.
(3) Specht reported that he received nine phone calls within afour-hour
period from a concerned citizen requesting that a streetlight be put
in at Alexander and Donald. Hanus explained the process for this
request, which is to put the request in writing, with support of the
neighbors, to the City Manager and she will get it to the appropriate
departments for review and recommendations.
(4) Osmek gave staff directive to cease supplying hard copies of city
code book updates, as they prefer to use the Internet.
B. Reports: Planning commission minutes -Feb. 26, 2007
Park, Open Space & Docks Comm. minutes -Jan 2007
Finance Department -Feb 2007
Harbor Wine & Spirits -Feb 2007
C. Correspondence: Calendar: LMCC
Newspaper article
Letter: Met Council on Comp Plan Update
Newsletter: Gillespie Center
10. Adiourn
MOTION by Osmek, seconded by Specht to adjourn at 9:18 .m. All voted in
favor. Motion carried.
G~
Attest: Bonnie Ritter, City Clerk
Mayor Mark Hanus
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