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2008-05-27MOUND CITY COUNCIL MINUTES MAY 27, 2008 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 27, 2008, 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, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Finance Director Catherine Pausche, Steve McDonald, Steve Smith, Doug Johnson, Steve Maddock, Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which even will be remove 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 Hanus requested the removal of Item 9 from the agenda and requested that Item 8 be moved to 6A. Osmek requested the addition of Item 66, Discussion regarding the memorial monument in the Auditor's Road District. MOTION by Osmek, seconded by Specht 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. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of May 6, 2008 special meeting B. Approve payment of claims in the amount of $625,918.43. C. RESOLUTION NO. 08-53: RESOLUTION AUTHORIZING THE EXECUTION OF A JOINT COOPERATION AGREEMENT BETWEEN THE CITY OF MOUND AND HENNEPIN COUNTY FOR PARTICIPATION IN THE URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM IN FY 2009-2011 D. RESOLUTION NO. 08-54: RESOLUTION ACCEPTING BID FOR THE 2008 LIFT STATION IMPROVEMENTS E. RESOLUTION NO. 08-55: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE WILSHIRE BOULEVARD FORCEMAIN AND WATERMAIN IMPROVEMENTS (CITY PROJECT NO. PW-08-07) i~ Mound City Council Minutes -May 27, 2008 F. Approve the following liquor license renewals contingent upon receipt of all required forms, fees, and certificates of insurance: AI & Alma's Supper Club On-sale Liquor and Sunday Liquor The Dailey Group, Inc. On-sale Liquor and Sunday Liquor PDQ Foods, Inc. 3.2 Off-sale Speedway SuperAmerica 3.2 Off-sale V.F.W. Post 5113 Club and Sunday Liquor American Legion Post 398 Club and Sunday Liquor G. RESOLUTION NO. 08-56: RESOLUTION ACCEPTING DONATION OF EXERCISE EQUIPMENT H. RESOLUTION NO. 08-57: RESOLUTION APPROVING A VARIANCE FOR THE PROPERTY LOCATED AT 5001 WILSHIRE BOULEVARD. P&Z CASE No. 08-02. PID #24-117-24-13-0034 I. Approve temporary sign permit for Mound Fire Department Fish Fry 5. Comments and suaaestions from citizens present on any item not on the a enda. None were offered. J 6. Public Hearing Planning Commission Case No 08-07 -Street Vacation Application for'/Z of unimproved Suffolk Road adjacent to propertv at 4728 Bedford Rd Sarah Smith reviewed the application from Steve Ekeberg to vacate the south half (15 feet) of unimproved Suffolk Road (formerly called Sussex Lane) which abuts the property at 4728 Bedford Road. The City and utility companies have no interests and no objections to approval of this request. Mayor Hanus opened the public hearing at 7:40 p.m., and upon hearing no comments from the public, closed the public hearing at 7:41 p.m. MOTION by Osmek, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 08-58: RESOLUTON TO APPROVE VACATION OF AN UNIMPROVED PORTION OF SUFFOLK ROAD ADJACENT TO PROPERTY LOCATED AT 4728 BEDFORD ROAD 6A. Discussion/action on resolution amending standards and guidelines for deferral of special assessments aaainst owner occupied homestead properties in hardship cases for qualified homeowners Hanus stated that the state legislature has passed a new law that gives cities the authority to grant special assessment deferments to citizen soldiers that have been called to active duty. Before the Council for consideration tonight is an amendment to the City's standards and guidelines for deferring special assessments that would include a person who is a member of the military reserves who is ordered into active military service as stated in the person's military orders for whom it would be a hardship to make the assessment payments. Mound City Council Minutes -May 27, 2008 Osmek stated that this would be a deferment, not a waiver. It would just defer the assessment until the person is back from active duty. Skinner stated that the proposed amendment does not defer the interest. John Dean stated that the unpaid deferred special assessment would accrue interest while not paid, but the council could choose to dispense with the interest on interest piece in the proposed amendment. The Mayor asked if there were any comments from the public on this matter. Representative Steve Smith, 2710 Clair Lane, stated that as a taxpayer, he urges the Council to act favorably on this proposal. Some military personnel that are called up find it very difficult to meet their home financial obligations on military pay and feels it's everyone's responsibility to help where we can. He stated that this legislation passed on a 132 to 1 vote. Steve Maddock, 4915 Monmouth Road, stated he is the Commander for the American Legion and commends the Council for bringing this forward and it's heartwarming to have Mound be a frontrunner on this topic and support our military. Doug Johnson, 1864 Shorewood Lane, stated he's the Commander for the V.F.W. Post and a retired Naval officer and a Desert Storm Vet. He also commended the Council for passing this to help the military serving our country. John Dean suggested that in accordance with earlier comments, the Council might amend the resolution so that no interest, other than the interest contained in the assessment levy, will be included in the assessment. Hanus also suggested that rather than listing things required from the individual, to simply require a copy of their orders to verify their active duty status. MOTION by Osmek, seconded by Specht to adopt the following resolution as amended. All voted in favor. Motion carried. RESOLUTION NO. 08-59: RESOLUTION AMENDING STANDARDS AND GUIDELINES FOR DEFERRAL OF SPECIAL ASSESSMENTS AGAINST OWNER OCCUPIED HOMESTEAD PROPERTIES IN HARDSHIP CASES FOR QUALIFIED HOMEOWNERS. 6B. Discussion reaarding the memorial monument in the Auditor's Road District Osmek stated that he has been meeting with representatives of the VFW and Legion regarding a veterans monument to be placed in the Auditor's Road District. Kevin Wells, 2205 Mill Pond Lane, presented sketch plans for the proposed monument and stated that the goal would be to be able to dedicate this on Veterans' Day. He stated that the VFW and Legion each have $5000 right now to contribute and will pledge an additional $2000 that they each will pay to the City by the end of 2009. With an estimated cost of $34,000 each organization would donate $7,000 with the remaining $20,000 coming from the City. Mound City Council Minutes -May 27, 2008 Discussion continued regarding the location for the monument, as well as the need to have all necessary utilities available at the site before completion of Auditor's Road. Kandis Hanson asked where the $20,000 is to come from because the extra in the budget for this year is already gone. Osmek stated that the funds can come out of the general fund. Beise wanted to make sure that the plan comes back to the Council for approval of location, and Skinner suggested having city staff take the diagrams down to the site to see where it would best fit. MOTION by Osmek, seconded by Specht that the City expend $24,000 on this project, with $4,000 being reimbursed by the VFW and American Legion by each contributing an additional $2,000 by the end of fiscal year 2009, subject to; the City having final site approval after staff review, the VFW and Legion each contributing $5,000 at the onset of the project, approval by both the VFW and Legion Boards, and legal review by the City. All voted in favor. Motion carried. 7. 2007 Comprehensive Annual Financial Report and Management Letter Steve McDonald of Abdo, Eick & Meyers, LLP, presented the 2007 financial report and management letter. He stated that a clean unqualified opinion was given, there are no issues with internal controls, and the fund balance is in line. MOTION by Osmek, seconded by Specht to received the 2007 Financial Report and Management Letter as presented. All voted in favor. Motion carried. 8. (moved to 6A) 9. (removed) 10. Discussion/action on draft resolution setting a policy for dealing. with official conflicts of interest Hanus stated that in the packet was a draft resolution prepared by the City Attorney that mirrors what. state law requires. The draft that he prepared goes more in depth and addresses conflicts that may not qualify as legal conflicts. Beise stated that he would like more time to go over the draft that Hanus prepared because he just received it late in the day. After more discussion it was the consensus to table this item. MOTION by Osmek, seconded by Specht to table this item. All voted in favor. Motion carried. 11. Dave Callister of Ehlers and Associates with sale of bonds Dave Callister reviewed the results of the bond sales for the Series 20086 and 2008C bonds. A. $1.675,000 General Obligation Improvement Bonds. Series 20086 MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. 1 Mound City Council Minutes -May 27, 2008 RESOLUTION NO. 08-60: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,675,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 20088, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF B. X1,885,000 General Obligation Utility Revenue Bonds, Series 2008C MOTION by Osmek seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 08-61: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $1,885,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2008C, AND PLEDGING FOR THE SECURITY THEREOF NET REVENUES I__l 'L_ 12. Approve minutes MOTION by Osmek, seconded by Beise to approve the minutes of the May 13, 2008 regular council meeting. The following voted in favor: Osmek, Hanus, Beise and Skinner. The following voted against: None. Specht abstained from voting because he did not attend that meeting. Motion carried. 13. Miscellaneous/Correspondence A. Comments/reports from Councilmembers B. Reports: Finance Department -April 2008 C. Minutes: Parks, Open Space and Docks Commission -March 2008 D. Correspondence: Letter to MCWD DNR shoreland rules update open house announcement Dakota Rail Regional Trail project update 14. Adjourn MOTION by Osmek, seconded by Specht to adjourn at 9:20 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk ~- `~--- Mayor Mark Hanus