2007-12-11MOUND CITY COUNCIL MEETING
December 11, 2007
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on
Tuesday, December 11, 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, Municipal Liquor
Store Manager John Colotti, City Engineer Dan Faulkner, Marjorie Masonde, Alta Noack,
Virginnia Webster, Patty Guttormson, DeDe Shanley, Janice Gerde, Ed Fahlstrom, Helen
Ohnesarge, Delores Lind, Art Mason, Virginia & Wilfred Reiland, Bernice Putt, John Crosby,
Austin Evans, Shirley Romness, Keith Putt, Steve Albers, Nataliya Masters, Martin & Jane
Carlsen, Lila Egan
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 will be
removed from the Consent Agenda and considered in normal sequence.
1. Open meeting
The meeting was called to order at 7:30 p.m. by Mayor Hanus.
2. Pledge of Allegiance
3. Approve agenda
Kandis Hanson requested the removal of Item 8 because the matter has been resolved,
and to replace it with a new item 8, clarity of composition of membership of the Parks,
Open Space, and Docks Commission.
MOTION by Beise, seconded by Skinner to approve the agenda as amended. All voted
in favor. Motion carried.
4. Consent agenda
Hanus requested the removal of item 4M for discussion. Skinner requested the removal
of Item 4A.
MOTION by Osmek, seconded by Specht to approve the consent agenda as amended.
All voted in favor. Motion carried.
A. (removed)
B. Approve Pay Request No. 9 by Graham Penn-Co, City Project No.PW-0605, for work on
the Mound Transit Center Project, in the amount of $193,918.85
C. Approve Pay Request No. 1 by Kusske Construction, City Project No. PW-07-04, for
work on the 2007 Storm Drainage Improvement Project, in the amount of $78,263.52
1
Mound City Council Minutes -December 11, 2007
D. Approve Pay Request No. 7 by GMH Asphalt, City Project No. PW-07-01, for work on
the 2007 Street Improvement Project, in the amount of $150,881.38
E. Approve Pay Request No. 1 by G.L. Contracting, Inc, City Project No. PW-05-07, for
work on the Auditor's Road Utilities Reconstruction Project, in the amount of
$103,665.18
F. ORDINANCE NO. 14-2007: ORDINANCE AMENDNG SECTION 365 OF THE CITY
CODE AS IT RELATES TO SIGNAGE
G. ORDINANCE NO. 15-2007: ORDINANCE AMENDING SECTION 380 OF THE CITY
CODE AS IT RELATES TO LAND USE FEES
H. RESOLUTION NO. 07-97: RESOLUTION AUTHORIZING SUBMITTAL OF A
REQUEST TO THE METROPOLITAN COUNCIL TO EXTEND THE LIVABLE
COMMUNITIES GRANT FOR THE PARKING STRUCTURE IN THE AUDITOR'S
ROAD DISTRICT
I. RESOLUTION NO. 07-98: RESOLUTION AUTHORIZING SUBMITTAL OF LETTER
OF INTEREST TO HENNEPIN COUNTY FOR COMMUNITY WORKS CORRIDOR
PLANNING PROGRAM FUNDING
J. RESOLUTION NO. 07-99: RESOLUTION ADOPTING FEE SCHEDULE
K. RESOLUTION NO. 07-100: RESOLUTION APPROVING CONTRIBUTIONS
L. Approve cancellation of regular meeting of December 25, 2007.
M. (removed)
4A. Approve payment of claims
Skinner stated that he pulled this from the consent agenda because wishes to abstain from
voting.
MOTION by Osmek, seconded by Specht to approve payment of claims in the amount of
$762,173.17. Upon roll call vote, the following voted in favor: Osmek, Specht, Hanus and Beise.
The following voted against: none. Skinner abstained. Motion carried.
4M. Approval of minutes
Hanus had a correction to the minutes, being that he abstained from voting on Item 11.
MOTION by Osmek, seconded by Specht to approve the minutes of November 27, 2007 as
amended. All voted in favor. Motion carried.
5. Public Hearings
A Presentation by Liauor Store Manager John Colotti and action on resolution regarding
continuation of municipal liquor store
Hanus explained that state statute requires that the city hold a public hearing when their
municipal liquor store shows a loss in two consecutive years.
John Colotti presented revenue comparisons from 2003-2007, stating that 2007 will show a
profit unless there is some unforeseen catastrophe. They are forecasting $2.5 million in sales
for 2007 with 26%-27% gross profits.
Mayor Hanus opened the public hearing at 7:42 p.m. and upon hearing no public comment,
closed the hearing.
2
Mound City Council Minutes -December 11, 2007
MOTION by Specht, seconded by Osmek to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 07-101: RESOLUTION REGARDING CONTINUATION OF MUNICIPAL
LIQUOR STORE
B. Continuation of Improvement Hearing for 2008 Street Reconstruction Proiect
Discussion took place regarding the assessment method previously adopted regarding
the PDA included in the 2008 Street Project, being Village By the Bay.
MOTION by Osmek, seconded by Beise that policy for a parcel situated as Village By
the Bay, having only street access onto a public street that is proposed for
improvement, would be not to assess it for the 2008 Street Improvement Project, and
that the city will absorb the assessment cost for this parcel and not spread it between
other parcels on the project.
Skinner stated that he feels this area should be assessed, at least for one unit, which
would represent the area actually abutting the street. Specht also agrees that the area
should share the cost of one unit assessment.
Vote on the above motion: The following voted in favor; Osmek, Hanus and Beise.
The following voted against; Specht and Skinner. Motion carried.
Mayor Hanus opened the public hearing at 8:00 p.m.
Austin Evans, 5799 Colony Lane, stated that he is President and Director of Village By
the Bay Homeowners Association and thanked the council for their decision on the
VBTB assessment, and also stated that the association is responsible for maintaining
the private roads within the development. Cost for maintenance of roads for the next 30
years is stated at $304,968, so they have an additional burden that other residents of
the city do not have.
Mayor Hanus closed the public hearing at 8:03 p.m.
Discussion took place by the Council regarding the retaining wall portion of the 2008
project, and it was the consensus of the council that city staff should reassess these
walls before replacement and/or repair takes place.
MOTION by Beise, seconded by Skinner to adopt the following resolution. Osmek
offered a friendly amendment, being that under a Number 5 be added stating that the
wall reconstruction portion of the project will be reviewed by the
City Engineer and Staff and revisions will be presented to the City Council before
3
Mound City Council Minutes -December 11, 2007
engaging in the retaining wall portion of the project. Beise and Skinner accepted this
amendment. All voted in favor. Motion carried.
RESOLUTION NO. 07-102: RESOLUTION ORDERING IMPROVEMENT AND
PREPARATION OF PLANS FOR 2008 STREET IMPROVEMENT, UTILITIES AND
RETAINING WALL IMPROVEMENT PROJECT
6. Comments and suggestions from citizens present on any item not on the agenda
Martin Carlsen, 5782 Elm Road, expressed concern to the council over contractors tearing up
roads in the residential areas, and who is responsible for repair of these roads. John Dean
stated that if the public lets the city know when they observe these situations its easier to
respond to them. Staff will check and see if there is still a bond in place regarding the Village By
the Bay Development.
7. Sale of $4 015 000 Taxable General Obligation Temporary Tax Increment Bonds
The Mayor announced that the next order of business was consideration of the proposals which
have been received for the purchase of the City's $4,015,000 Taxable General Obligation
Temporary Tax Increment Refunding Bonds, Series 2008A.
Ehlers & Associates, Inc., the financial advisor of the City, presented a tabulation of the
proposals that had been received in the manner specified in the Official Terms of Proposal for
the Bonds. After due consideration of the proposals, Member Osmek then introduced the
following written resolution, the reading of which was dispensed with by unanimous consent,
and moved its adoption:
RESOLUTION NO. 07-103: RESOLUTION AWARDING THE SALE OF $4,010,000 TAXABLE
GENERAL OBLIGATION TEMPORARY TAX INCREMENT REFUNDING BONDS, SERIES
2008A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND
DELIVERY; AND PROVIDING FOR THEIR PAYMENT
Motion was seconded by Beise. All voted in favor. Motion carried.
8. Clarity of composition of membership of the Parks, Open Space and Docks
Commission
Kandis Hanson stated that they are interviewing candidates for the commission on Thursday
evening and interpretation of the ordinance has come up. The present ordinance has been
interpreted that the commission consist of one abutter, one non-abutter, one multiple slip holder,
three that are not in the dock program, and one Council representative.
Hanus strongly disagrees with this interpretation and does not believe that the intent was to
have people who don't use or fund the dock program, regulate it. Beise disagreed with Hanus
and stated that he believes the intent was to control who is on the commission so it's not
weighted heavily in one direction. Osmek said he was around when this ordinance was adopted
and at no point was it ever said that it was designed to make sure that there was a minority of
dock holders on this commission. The question was asked if there could be all members on the
dock program or a minimum of 3, or anywhere in between. It was never the intent that non-dock
holders run this thing. Beise stated it was always the intent that non-dock holders be on the
4
1
1
1
Mound City Council Minutes -December 11, 2007
commission. Today there are 3 members not in the program and 4 that are in the program.
Skinner agreed with Beise. Specht also expressed that the current make-up was the intent.
John Dean stated that based on the majority consensus and discussion there is no need to vote
on anything and no reason not to hold the interviews on Thursday, and if the Council wishes to
revisit the ordinance it should go to the commission for comment as well.
9. 2008 Budget and Levy
Kandis Hanson reviewed the budget process and Gino Businaro reviewed the proposed levy
and budget figures.
MOTION by Osmek, seconded by Hanus to adopt the following resolution, which reflects a
general levy increase of 1.75%. Beise and Skinner made it known that they prefer the 6.3%
figure which would represent a balanced budget. The following voted in favor: Hanus, Specht,
and Osmek. The following voted against: Beise and Skinner. Motion carried.
RESOLUTION NO. 07-104: RESOLUTION APPROVING THE 2008 FINAL GENERAL
BUDGET IN THE AMOUNT OF $5,208,816; SETTING THE LEVY AT $4,928,051; AND
APPROVING THE FINAL OVERALL BUDGET FOR 2008.
MOTION by Osmek, seconded by Specht to adopt the following resolution. All voted in favor.
Motion carried.
RESOLUTION NO. 07-105: RESOLUTION APPROVING A LEVY NOT TO EXCEED $190,418
FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PURSUANT TO THE
PROVISIONS OF MSA 469, OF THE HOUSING AND REDEVELOPMENT AUTHORITY IN
AND FOR THE CITY OF MOUND FOR THE YEAR 2008
10. Approve minutes
MOTION by Specht, seconded by Osmek to approve the minutes of the December 3, 2007
Truth In Taxation Hearing. The following voted in favor: Osmek, Specht, Hanus and Beise. The
following voted against: None. Skinner abstained because he was not present at the meeting.
Motion carried.
11. Miscellaneous/Correspondence
A. Comments/reports from Councilmembers: Specht thanked the Laker for running the
article the attracted applicants for the Parks, Open Space and Docks Commission. He
also wished all a Merry Christmas and Happy Holiday Season.
B. Reports: Finance Department -November 2007
C. Correspondence: Gillespie Gazette
12. Adjourn
MOTION by Osmek, seconded by Specht to adjourn at 9:01
carried.
! ,.
L~LC~ ~ Mayor Mark Hanus
Attest: Bonnie Ritter, City Clerk
p.m. AI voted in favor. Motion
5