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2008-12-09MOUND CITY COUNCIL MINUTES DECEMBER 9, 2008 The City Council of the City of Mound, Minnesota, met in regular session on Tuesday, December 9, 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, Public Works Director Carlton Moore, City Engineer Dan Faulkner, Fire Chief Greg Pederson, Police Chief Jim Kurtz, Liquor Store Manager John Colotti, Parks Superintendent Jim Fackler, Finance Director Catherine Pausche, Fred & Janet Specht, Deb McCurdy, Ken Perbix, Wally Krake, Dave Griffin, Orv Burma, Greg Fall, Scott Mack, Kester Batchelor, Howard Harrison, John Dennis, Delonn Crosby, David Sutton, Mike Mason, Kristi Beise, Heidi Gesch, Craig Forcier, Steve Hewitt, Jerry Marek, Terry Buetow, John McKinley, Mark Meyer, Mason Powers, Jim Kuehn 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 event will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Mayor Hanus called the meeting to order at 7:34 p.m. 2. Pledge of Allegiance 3. Approve agenda Kandis Hanson requested the addition of Item 6Q, and Item 6R to the consent agenda, and the addition of item 106(3) to the regular agenda. Hanus requested that order of Item 8A and 86 be reversed and Osmek requested the addition of Item 10.1. MOTION by Specht, seconded by Osmek to approve the agenda as amended. All voted in favor. Motion carried. 4. Presentation of parking gifts to outpoinq Parks Open Space and Docks Commission members Kandis Hanson thanked and presented parting gifts to outgoing Parks, Open Space and Docks Commission members Mike Mason and Don Heyward (Heyward was not present). 5. Presentation of parting gifts to outgoing Councilmembers Kandis Hanson thanked and presented parking gifts to outgoing Councilmembers Mike Specht and John Beise. 6. Consent agenda Hanus requested the removal. of Item 6J, Osmek requested the removal of Item 6B and Skinner requested the removal of Item 60. Mound City Council Meeting -December 9, 2008 MOTION by Beise, seconded by Specht to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $189,610.41. B. (removed) C. RESOLUTION NO. 08-119: RESOLUTION AMENDING NO PARKING MAP THAT DESIGNATES CERTAIN STREETS WITHIN THE CITY AS NO PARKING ZONES D. Approve Pay Request No. 9 and Final from GMH Asphalt, Inc. in the amount of $49,783.05 for the 2007 Street Improvement Project, PW-07-01 E. Approve Pay Request No. 4 from Widmer Construction, LLC in the amount of $28,310.95 for the Baywood Shores/Sinclair Road Life Station Improvements, PW-07-05 F. Approve Pay Request No. 2 and Final from Kober Excavating, inc. in the amount of $8,069.85 for the Wilshire Boulevard Forcemain and Watermain Improvements, PW-08-07 G. Approve Pay Request No. 3 and Final from GL Contracting, inc. in thea mount of $8,436.84 for the Auditors Road Utilities Reconstruction Project, PW-05-07 H. Approve Pay Request No. 4 from Ramsey Excavating, inc. in the amount of $53,199.36 for the Auditors Road Street Extension Project, PW-08-06 I. Approve Pay Request No. 1 from Widmer Construction, LLC in the amount of $44,403.86 for the 2008 Drainage Improvement Project, PW-08-03 J. (removed) K. RESOLUTION NO. 08-120: RESOLUTION APPROVING CONTRIBUTIONS L. Approve Memorandum of Agreement with Law Enforcement Services, Inc., Local No. 266 (Patrol Officers) M. RESOLUTION NO. 08-121: A RESOLUTION ADOPTING PENALTIES FOR ADMINISTRATIVE OFFENSES WITHIN THE CITY OF MOUND N. RESOLUTION NO. 08-122: RESOLUTION ADOPTING FEE SCHEDULE O. (removed) P. RESOLUTION NO. 08-123: RESOLUTION APPROVING A LEVY NOT TO EXCEED $257,653 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 2009 Q. RESOLUTION NO. 08-124: RESOLUTION TO AUTHORIZE SIBMITTAL OF AN APPEAL TO THE PETROFUND BOARD REGARDING DENIAL OF THE CITY'S REIMBURSEMENT FUNDING REQUEST FOR SOILS CONTAMINATION IN THE TRANSIT DISTRICT R. Set special meeting for January 15, 2009 at 7:00 p.m. for consideration of lobbying proposal and set special meeting for March 31, 2009 at 7:00 p.m. for presentation of Department Head Annual Reports 6B. Application to conduct excluded bingo by Knights of Columbus Osmek requested that this be removed from the consent agenda because he is a member of this group and wants to abstain from the vote. Mound City Council Meeting -December 9, 2008 MOTION by Beise, seconded by Specht to approve the Application to Conduct Excluded Bingo by Knights of Columbus-Council 6005, for up to four bingo dates in 2009. The following voted in favor: Specht, Hanus, Beise and Skinner. The following voted against: None. Osmek abstained from voting. Motion carried. 6J. Resolution accepting and acknowledging receipt of land and cash Hanus asked if setbacks could become an issue in the future and if this parcel was offered to Seton Bluff. Fackler stated that this parcel is under water and he has no problem with accepting as long as there is no cost to the city. Hanus asked if this was reviewed by the LMCD and Fackler stated he would like to run this by the LMCD and determine if there are setback issues with dockage in that area. MOTION by Osmek, seconded by Specht to adopt the following resolution contingent upon there being no variance issues with the LMCD and surrounding properties. All voted in favor. Motion carried. RESOLUTION NO. 08-126: RESOLUTION ACCEPTING AND ACKNOWLEDGING RECEIPT OF LAND AND CASH -LOT 8, BLOCK 2, SETON ADDITION 60. Front yard variance for new house at 2933 Cambridge Lane Skinner stated that he was not in favor of granting this variance at the last meeting and will be voting against it. MOTION by Beise, seconded by Specht to adopt the following resolution. The following voted in favor: Osmek, Specht, Hanus and Beise. The following voted against: Skinner. Motion carried. RESOLUTION NO. 08-127: RESOLUTION APPROVING A VARIANCE FOR THE PROPERTY LOCATED AT 2933 CAMBRIDGE LANE. P&Z CASE #08-15, PID #24- 117-24-42-0007 7. Comments and suggestions from any citizens present on anv item not on the agenda. None were offered. 8. Public hearings A. 2009 Island View Drive/Dorchester Road Street Improvement Project Improvement Hearing Dan Faulker reviewed the proposed project.. He noted that the feasibility report shows the concrete and bituminous portions and street widths. The existing retaining walls and infrastructure was also reviewed. Three options with estimated assessments per unit were presented: (1) Reconstruct to existing condition - $5,862; (2) Reconstruct to all concrete - $7,146; (3) All bituminous - $4,357. Additional assessments will be made to parcels needed new aprons. Mayor Hanus opened the public hearing at 8:13 p.m. Terry Buetow, 4609 Island View Drive, stated that at the neighborhood meeting in October, the costs between bituminous and concrete were fairly close and now there seems to be a significant change. Moore stated that the fluctuation in oil prices has a lot Mound Ciry Council Meeting -December 9, 2008 to do with it and that is why they are recommending bidding both bituminous and concrete. Osmek asked if there was any rolled asphalt curb and gutter in the project area and Moore stated that there is not. Mike Mason, 4909 IVD, asked if the street would be the same width and Moore stated the back of the curb would be where it is today and it would be surmountable curb. Mark Smith, 4665 IVD, asked what happens when the deep holes created by construction take out trees, etc. and Moore stated that with today's technology they televise the pipe lines and can pull the new ones through the old ones. Smith stated that he votes for concrete. Dave Sutton, 3126 IVD, is concerned that taxes themselves have doubled and tripled over the last decade and affordability of this new assessment is a major issue. He doesn't think it fair that people may be pushed to foreclosure over a street assessment. He is also concerned with stormwater runoff. He suggested converting Pembrook Park into a filtration basin to protect the lake from runoff. He also asked if the old fieldstone walls could be replaced with the same material and also expressed concern over the Indian burial grounds in the area. Moore stated that in the past boulder retaining walls have been replaced with boulder walls and he will look at the condition of the wall at his property again. Howard Harrison, 3117 IVD, stated he is not in favor of the project and a little seal coating and patching would save thousands of dollars. Hanus stated that Island View Drive is one of the worse streets in the City and was moved up from its original turn in the street project because of it's bad condition. Jerry Marek, 4829 IVD, asked about the timeframe of the project and Moore stated if the street is constructed with bituminous the last coat won't be put down until June of 2010 and if it's constructed with concrete it should be completed in the Fall of 2009. Marek stated that he favors the concrete option. John Dennis, 4719 IVD, asked the Council to consider the economic times and delay the project for maybe two years. Terry Buetow, 4609 IVD, stated that over the past few years the patching of the street was never done properly and the streets would last longer if the patching was done properly. Mark Meyer, 4540 IVD, stated he favors Option 1. If the project is going forward, make it worth it and put concrete back where concrete currently is, or do nothing. Deb McCurdy, 4818 IVD, voiced preference for Option 1. Dave Griffin, 4434 Dorchester, asked if the 7' 3 year old retaining wall at his property will be replaced and Moore stated no. He also asked about the possibility of better maintenance of his road rather than replacement and Moore stated that if the street has to be dug up to repair utilities it's not worth saving and better to replace. Mound City Council Meeting -December 9, 2008 Orv Burma, 3011 IVD, prefers the bituminous option. Frank Ahrens, 4673 IVD, asked that the entire project be delayed for a couple of years due to the state of the economy. He asked if the cost for tearing up the concrete was factored into the estimated costs and Moore stated that it was. Lorrie Marek, 4829 IVD, asked about payment of the assessment and Moore explained the process. She stated that she favors the concrete option. Mason Powers, 4625 IVD, asked about the pulverizing method and Moore stated that the major problem with pulverizing is that the road abuts structures and that method would destroy those structures. Powers then asked about access to the properties and was told that access is maintained for residents and emergency vehicles. Jim Kuehn, 4633 IVD, asked about a feasible cost estimate to patch correctly versus replacement. He agrees that it's the right decision to put down concrete for the long haul and it gets down to when you make that decision. Ron Johnson, 4464 Dorchester, stated he feels that mill and overlay is all that's needed and Hanus informed him that each section of road is evaluated and mill and overlay remain an option unless the entire street has to be torn up for utility work. Greg Fall, 3036 IVD, asked how close the estimate given now will be to the final assessment figure and stated he prefers to go with asphalt. Moore stated that in the past the actual assessment has been less than the estimates. Fall asked if there were options available for his apron and Moore state that the project manager in the field will discuss that with him when the time comes. Delonn Crosby, 4833 IVD, asked about matching the length of payment to the actual expected life of the concrete. Moore stated that the cost to finance would be far higher then and not a feasible option. Kandis Hanson stated that the city's intent is not to be the banker and depends on some of the assessment money to come in right away. Crosby stated that he favors Option 1. Criag Forcier, 4431 Dorchester stated he is presently living on bituminous and does not want to pay for concrete. Osmek stated he understands economic times but this assessment will not begin until taxes payable in 2011. These economic times are not expected to stay like this for two years and this road needs to be done. Specht stated that he wants to at least move forward to see the bid results. Mayor Hanus closed the public hearing at 9:16 p.m. MOTION by Osmek, seconded by Beise to adopt the following resolution and include securing bid alternatives for concrete and bituminous. All voted in favor. Motion carried. Mound City Council Meeting -December 9, 2008 RESOLUTIO NO. 08-128: RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR 2009 ISLAND VIEW DRIVE/DORCHESTER ROAD STREET IMPROVEMENT, UTILITIES AND RETAINING WALL IMPROVEMENT PROJECT B. Public hearing on continuation of Municipal Liauor Store operations Liquor Store Manager John Colotti explained that the liquor store reached profitability in 2007 and will also be profitable in 2008. State statutes state that if a municipal liquor store has shown a net loss prior to interfund transfer in any two of three consecutive years the Council must hold a public hearing on the question of whether the city shall continue to operate a municipal liquor store. Mayor Hanus opened the public hearing at 9:25 p.m. and upon hearing no comment closed the public hearing. MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTIO NO. 08-129: RESOLUTION REGARDING CONTINUATION OF MUNICIPAL LIQUOR STORE 9. Hoisins~ton Koealer Group, Inc. contract for services associated with federal lobbvinp proposal Sarah Smith indicated that an essential component for communicating to elected officials and their staffs the intended use of requested dollars, is an executive summary that is a detailed project narrative with costs estimates of the City's request. A key component to this summary is the detailed scoping/cost analysis that will also be provided by HKG. MOTION by Osmek, seconded by Specht to approve the contract for services with Hoisington-Koegler Group, Inc. for preparation of Federal Transportation Funding Request Packet. All voted in favor. Motion carried. 10. 2009 Budget A. 2008 forecast presented by Catherine Pausche Paushe presented the 08 forecast along with the fund balance overview. B. 2009 Budget Discussion 1. Quote for security cameras at skate park -Fackler presented a quote from Security & Sound for security cameras at the Zero Gravity Skate park. There was discussion as to how these cameras would be utilized to get the most benefit. MOTION by Osmek, seconded by Specht to approve $8,752.48 from park dedication funds for security cameras at Zero Gravity Skate Park. Hanus asked about the method to review and monitor the system and Kurtz stated it's possible to target monitor it during specific problem times. They will do the best they can to be proactive but feel that most will be reactive. Mound City Council Meeting -December 9, 2008 All voted in favor. Motion carried. 2. Consideration of Xcel franchise fee - Osmek stated that he won't extend this to 2011 as staff recommended, but is willing to go to December 31, 2009 in order to keep the Gillespie money in the budget. MOTION by Osmek, seconded by Beise to pass the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 15-2008: AN ORDINANCE AMENDING ORDINANCE NO. 08-2003 IMPLEMENTING AN ELECTRIC FRANCHISE FEE ON NORTHERN STATES POWER D/B/A/ XCEL ENERGY FOR PROVIDING ELECTRIC SERVICE WITH THE CITY OF MOUND 3. Action on milfoil treatment for Phelps Bay with allocation of funds -MOTION by Osmek, seconded by Specht to approve $12,000 for milfoil treatment on Phelps Bay for 2009, with funds coming from the general fund. The following voted in favor: Osmek, Specht and Hanus. The following voted against: Beise and Skinner. Motion carried. C Action on resolution approving 2009 Final General Fund Budget and Levv Pausche stated that the presented resolution reflects at 3.9% levy Increase, with early retirement incentive monies included and Gillespie Center allocation included. MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 08-130: RESOLUTION APPROVING THE 2009 FINAL GENERAL BUDGET IN THE AMOUNT OF $5,182,213; SETTING THE FINAL LEVY AT 587; AND APPROVING THE FINAL OVERALL BUDGET FOR 2009. 173 $5 , , 10.1 Resolution recoanizina and thanking Penny Steele MOTION by Osmek, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION N0.08-125: RESOLUTION HONORING PENNY STEELE (GET TITLE FROM DAVE) 11. MISCELLANEOUS/CORRESPONDENCE A. Comments/reports from Councilmembers: Specht thanked Hanson and the entire city staff for their help during his term as Councilmember. B. Reports: Engineering project Status Report Update Finance -November 2008 Harbor Wine & Spirits -November 2008 C. Minutes: Planning Commission -November 17 & 24, 2008 D. Correspondence: Gillespie Center seconded by Specht to cancel the special meeting previously set for i B ION b se, e y MOT December 16, 2008. All voted in favor. Motion carried. 1 1 1 Mound City Council Meeting -December 9, 2008 12. Ad'ourn MOTION by Specht, seconded by Beise to adjourn at 10:08 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk ~- Mayor Mark Hanus i THIS PAGE LEFT BLANK INTENTIONALLY. 1 1