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2009-05-12MOUND CITY COUNCIL MINUTES MAY 12, 2009 The Mound City Council met in regular session on Tuesday, May 12, 2009 at 7:30 p.m. in the council chambers of city hall. Members present: Acting Mayor David Osmek, Ray Salazar, Heidi Gesch and Greg Skinner Members absent: Mayor Mark Hanus 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, Finance Director Catherine Pausche, Parks Superintendent Jim Fackler, Larry Connelly, Bev Hefte, Brian Johnson, Bruce Kimmel 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 it will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Acting Mayor Osmek called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve agenda Sarah Smith requested the addition of Item 14D, update on TIF legislation. MOTION by Gesch, seconded by Salazar to approve the agenda as amended. All voted in favor. Motion carried. 4. Proclamation Acting Mayor Osmek read a proclamation extending appreciation to City Clerk Bonnie Ritter, and recognizing the week of May 10 through May 16, 2009 as Municipal Clerks Week. 5. Consent agenda MOTION by Salazar, seconded by Gesch to approve the consent agenda. All voted in favor. Motion carried. A. Approve minutes of April 28, 2009 regular meeting B. Approve payment of claims in the amount of $428,012.74 C. RESOLUTION NO. 09 -35: RESOLUTION APPROVING A VARIANCE FOR THE PROPERTY LOCATED AT 5060 EDGEWATER DRIVE, P&Z CASE #09- 03, PID #13- 117 -24 -42 -0020 D. RESOLUTION NO. 09 -36: RESOLUTION APPROVING A 1 -YEAR EXTENSION FOR VARIANCE AT PROPERTY AT 5001 WILSHIRE BOULEVARD P &Z CASE #08 -12, PID #24- 117 -24 -13 -0034 E. Approve Settlement Agreement between Teamsters Local No. 320 and City of Mound Mound City Council Minutes — May 12, 2009 F. RESOLUTION NO. 09 -37: RESOLUTION APPROVING FOURTH SUPPLEMENT TO MEMORANDUM OF UNDERSTANDING G. Approval of Option and Site Agreement between the City and T- Mobile (Water standpipe at Donald & Devon) H. Approve permits for June 6, 2009 Fish Fry for Fire Relief Association and waive fees as requested: Temporary sign permit; Public Dance /Live Music Permit; Temporary On -sale Liquor; One -day Consumption & Display Permit 6. Comments and suggestions from citizens present on any item not on the a enda. None were offered. 7. Public hearing Wellhead Protection — Part 2 Dan Faulkner gave the background on this mandated program, stating that the State Administrative Rules require all public water suppliers to develop and implement Wellhead Protection Plans. The goal of the program is to prevent human - caused contaminants from entering our water supply wells. Part 1 of the Plan was completed in April, 2008 and approved by the Minnesota Department of health last May. The hearing this evening is to hear comments on Part 2. It will then be sent to MDH for final review and approval. Acting Mayor Osmek opened the public hearing at 7:43 p.m. and upon hearing no comment, closed the haring at 7:44 p.m. MOTION by Salazar, seconded by Skinner to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 09 -38: RESOLUTION APROVING WELLHEAD PROTECTION PLAN AND REQUESTING APPROVAL FROM THE MINNESOTA DEPARTMENT OF HEALTH 8. Discussion /Action — uncompleted building project update at 4945 Glen Elyn Rd Sarah Smith reviewed the progress regarding the uncompleted building project at 4945 Glen Elyn Road. This property includes a single - family dwelling which is the subject of a long- standing remodel /addition project started in 1995 which has not been completed. Staff would like to see regular meetings including bullet points of progress, and suggested there may be a site visit every other week. Osmek asked if the presented timeline includes all that is needed for outside completion and Smith stated it does. Osmek stated that Johnson is making progress and doesn't think that the City can take other action. He also thinks that October 6 th completion date is pretty aggressive and doesn't like to have to babysit this project, but feels that it is owed to the neighborhood to do what it takes to get this complete. Brian Johnson stated that he gave the City a schedule last year and completed it andhe now has a new schedule and will comply with that, also. Osmek asked if any of the neighbors in attendance had any comments. Mound City Council Minutes — May 12, 2009 Bev Hefte, 4940 Glen Elyn, stated that Johnson has cleaned up the lawn, removed stickers from the windows, etc. and has been making progress. Osmek noted that the timeline presented has October 6, 2009 as a completion date of the exterior and the city can't do anything about a timeline for the interior of the structure. That can be done at his leisure. No action taken by the Council on this item. 9. Ehlers & Associates on 2009 Bond Sales Bruce Kimmel of Ehlers & Associates presented the Council with the results of the bond sales for three issues. MOTION by Osmek, seconded by Gesch to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 09 -39: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $4,020,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2009A, PLEDGINGN SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 09 -40: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $5,110,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2009B, PLEDGING NET REVENUES FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 09-41: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $425,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2009C, AND LEVYING A TAX FOR THE PAYMENT THEREOF 10. Cons ideraton /Approval of Assessment Agreement No. A090393 with Hennpin County MOTION by Salazar, seconded by Gesch to approve and authorize signature for Contract No. A090393 between the City of Mound and Hennepin County, for Hennepin County to perform property assessments for the years 2010, 2011, 2012 and 2013. All voted in favor. Motion carried. 11. Discussion /Action — Mound Visions funding request update and report from Moor Hanus and Councilmember Osmek from 5/5 congressional meeting in Washington, D.C. Osmek reported that he and Mayor Hanus met with Oberstar's transportation staff, Senator Klobuchar's transportation staff person, and Congressman Paulsen's staff and also had lunch with Congressman Paulsen, all regarding federal funding requests for Mound City Council Minutes — May 12, 2009 Mound Visions components. He will provide updates on the progress of the request when available. 12. Stair replacement on Dreamwood Commons /Gull Lane Jim Fackler stated that to replace the entire stair and bring it to code would be $5,928.00. MOTION by Salazar, seconded by Skinner to authorize replacement of the stairs on Dreamwood Commons /Gull Lane at a cost of $5,928.00. All voted in favor. Motion carried. 13. Fee waiver request for Depot rental by Fish Camp Fackler stated he received a request from Fish Camp to waive the fees for the Mound Depot for use on June 10, 24, July 1, 14 and 29, for a fish camp for children. Osmek stated that he understands that other for - profit organizations use the Depot and are charged to do so. He suggested that the applicant, a Minnetrista resident, have his associate, a Mound resident, apply for the rental, which would bring the fee down from $200 to $100 /day. No council action is needed because fee is not to be waived. 14. Miscellaneous /Correspondence A. Comments /reports from Councilmembers: Skinner congratulated Lt. John McKiley on the success of Operation Black Cat, a emergency preparedness exercise that took place on May 2. B Reports: None C. Correspondence: Staff memo regarding expiration of appeal deadline for Avon Drive summary judgment dated 2/11/09 Staff memo regarding DNR press release – preliminary draft of proposed rules update Three Rivers memo on new construction in Carver Park Gillespie Gazette D. Update on TIF legislation 15. Adjourn MOTION by Gesch, seconded by Salazar to adjo Motion carried. 8:44 p.m. All voted in favor. Attest: Bonnie Ritter, City Clerk Mayor 06vid Osmek 1 t—'