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2009-10-13MOUND CITY COUNCIL MINUTES OCTOBER 13, 2009 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 13, 2009 at 7:30 p.m. in the council chambers of city hall. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, and Greg Skinner Members absent: Councilmember Heidi Gesch Others present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Parks Superintendent Jim Fackler, Finance Director Catherine Pausche, Public Works Director Carlton Moore, City Engineer Dan Faulkner, David Rice, Walter Neske, Ron & Jan Eikanas, Gene Garvais, Paige Satinn, Sara Greer, Paul Pond, Patti Dodds, Amanda Abrahamson, Dawn Abrahamson, Cody DeVoe, Mindy Steinmetz, Megan Olson, Dan Schaffer, DeLonn Crosby, Maria Crosby, Cody Anderson, Candice Anderson, Peter Goshgarian, Russ Falness, Lisa Whalen, Janice Hurd, Vince Forystek, Gary Blix, Amanda Schwarze. 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 Mayor Hanus called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance Mayor Hanus recognized students of the high school government class that were in attendance. 3. Approve agenda MOTION by Osmek, seconded by Salazar to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda Salazar requested the removal of Item 4A and 46, and Skinner requested the removal of Item 4D. MOTION by Osmek, seconded by Salazar to approve the consent agenda as amended. All voted in favor. Motion carried. A. (removed) B. (removed) C. Approve Pay Request No. 1 from Schneider Excavating and Grading, inc. in the amount of $49,370.74 for work completed on the 2009 Drainage Improvements Project, PW -09 -03 D. (removed) Mound City Council Minutes — October 13, 2009 E. Approve contract from Visual Communications for preparation of wayfinding materplan and signage to be funded by Transit Oriented Development (TOD) Grant for Auditors Road 4A. Approve payment of claims Salazar questioned the cell phone claims and asked if the city has considered combining providers for better rates. Hanson informed him that the service is evaluated yearly and shopped for the best pricing. MOTION by Salazar, seconded by Osmek to approve the payment of claims in the amount of $580,187.46. The following voted in favor: Osmek, Salazar, and Hanus. The following voted against: None. Skinner abstained from voting because he had a claim in this batch of claims. 4B. Approve Pay Request No. 4 from GMH Asphalt Salazar stated he removed this from the consent agenda by mistake. MOTION by Osmek, seconded by Salazar to approve Pay Request No. 4 from GMH Asphalt Corp in the amount of $795,506.97 for work completed on the 2009 Street, Utility and Lift Station Improvement Project, PW- 09 -01, 09 -02, and 09 -06. All voted in favor. Motion carried. 5. 2008 Street Improvement Project City Engineer Dan Faulkner reported on the questions and comments received at the September 22 assessment hearing for the 2008 Street project. Salazar and Osmek stated that they watched the web stream of the hearing because they were absent from that meeting. Hanus stated that he will not support charging for the aprons that were the result of water or sewer repairs. Osmek stated that a precedent has been set because on Rosedale the City paid the enter cost, along with on Crestview where there were drainage issues that resulted in new aprons, but the resident didn't pay anything for the apron. He stated that if the apron had to be improved because of water or sewer repairs, or repositioned due to grade, it's the city's responsibility to put it back in. Salazar stated that he feels the apron replacement should be discussed with the homeowner, and the option of the homeowner to improve it. Hanus restated that he feels that if the apron was replaced because of water, sewer or grading, it's the city's responsibility to replace it, and this has been the past practice. MOTION by Osmek, seconded by Salazar to table this item and put it on the agenda for a special meeting on Monday, October 19, 2009 at 7:00 p.m., with directive to staff to re- do the assessment roll with the apron charges removed if the apron was replaced due to drainage or water and /or sewer line repairs. All voted in favor. Motion carried. Hanus stated that they shouldn't change the policy mid - stream and these aprons weren't charged for in the past. Hanus recessed the meeting at 8:17 p.m. and reconvened at 8:20 p.m. Mound City Council Minutes — October 13, 2009 6. Public Hearings A. Construction and Realignment of CSAH 15/110 Assessment Hearinq Hanus stated that the proposed assessment is for curb and gutter, lighting, and streetscape. He views this as a community amenity and the gateway to downtown. The mailed assessment notices included assessments that reflected 70% of the project and he doesn't feel this is fair or right and a revised roll was distributed that shows 20% assessment of the project. He explained that the city is obligated by law to assess for 20% because of the type of bond that was sold for this project. Carlton Moore explained that this project started in 2004 and it wasn't until late August that the final numbers were received from Hennepin County. Discussion followed regarding the options on the assessment and the interest rate. Mayor Hanus opened the public hearing at 8:44 p.m. Paul Pond of Reed & Pond, 5424 Shoreline Drive, stated that they appreciate the change from 70% to 20 %, but stated that this assessment was a big surprise to Reed & Pond. The improvement notices were sent over 5 years ago but costs were not given until two weeks ago. He also stated he feels that the benefit to property owners is far less than the amount being assessed. The improvements benefited the city as a whole, but didn't benefit Reed & Pond much. He also stated that they gave up some property for construction and with the understanding that they wouldn't be assessed. His last point was that they hear all the time that Mound is trying to attract business to Mound, and this is one heck of a way to attract business, to slap this kind of assessment on a business. Dan Schaffer, manager of Commerce Place, asked about the process for paying the assessment and Ritter explained it to him. Osmek asked if the city can assess at 0% and John Dean stated that if that's done, it will load more burden on the taxpayers because nothing from the assessment would be paying the interest on the bonds. Osmek stated he would like to consider 0% as an option. Dean stated that the statute says 20% of the cost of the improvement to the city must be assessed and he's not sure if that 20% includes interest payments on the bonds. He will check this out. Lisa Whalen, representing Bethel Church, stated that they are not a business but a faith - based organization. They are a small congregation struggling with cash flow. She stated that this improvement was for the entire City and was done to improve Mound as a city and feels that to have a church carry this load is disproportionate. Discussion followed regarding the potential change of zoning that may return Bethel church to residential zoning, as it was prior to 2000. Whalen asked if Bethel church were still zoned residential, would they be assessed and Moore stated that there are no residences on this assessment roll. Whalen stated that for the record they feel they should be treated as a residential property and leave all options open to pursue in the future. Mound City Council Minutes — October 13, 2009 Ritter noted she received two written objections to the assessment, one from Roger Reed and one from Peter Goshgarian. Upon no further public comment, Mayor Hanus closed the public hearing at 9:13 p.m. Discussion followed regarding the interest rate and Pausche stated that the city has been paying on this bond for five years already and won't argue if the assessment is $154,000 at 6% because property owners will probably prepay anyway. She cautioned the council on precedent and continuity. John Dean stated that as far as Bethel Church, once the new comp plan is in place they will be able to rezone back to residential. Moore stated that the question is, if the Council decides not to assess Bethel for this project, who picks up that portion and Dean stated that the Council would have to decide now because 20% has to be assessed, so Bethel's portion would have to be spread amongst the other properties. MOTION by Osmek, seconded by Hanus to table this item until the special meeting on October 19 and request staff to include option implications with 0% interest, and also confirm that the project is being assessed at 20% as the current spreadsheet indicates. Hanus removed his second and Osmek removed his motion. Salazar asked what would happen if the City goes with the original plan of assessing the full project and Dean stated that based on what was heard tonight, and the receipt of protest letters, there is likelihood that the assessments would be challenged in court on the primary basis that properties weren't benefited to the extent of the assessments levied against them. MOTION by Osmek, seconded by Hanus to table this item until the special meeting of October 19, 2009, at 7:00 p.m., and direct staff to compile financial implications of 0% interest, and also include that the City intends to exercise the 20% assessment numbers as shown on the most recent spreadsheet. The following voted in favor: Osmek and Hanus. The following voted against: Salazar and Skinner. Motion fails. Skinner expressed concern that the rest of the expense is being picked up by the taxpayers, when others are paying 6% for their street improvement assessment interest. He feels they should be paying some interest. Osmek feels that this project is very different from our traditional street projects. He's not saying he'd approve 0% interest, but wants to see the financial implications. Salazar has a problem with the whole assessment and stated that the very best deal he'll consider is 20% assessment and taxpayers picking up the balance. He can't see going with 0% interest. MOTION by Osmek, seconded by Hanus to table this item until the special October 19 council meeting, identifying the city intent on the 20% assessment option as shown on the most recent spreadsheet, and direct staff to prepare 0% interest options and the implications of a 0% interest rate. The following voted in favor: Osmek, Salazar and Hanus. The following voted against: Skinner. Motion carried. Mound City Council Minutes — October 13, 2009 Mayor Hanus declared a recess at 9:34 p.m. and the meeting reconvened at 9:37 p.m. B. Assessment hearing on Delinquent Sewer and Water Bills Mayor Hanus opened the public hearing at 9:39 p.m. and upon hearing no public comment, closed the public hearing. Hanus noted a letter from a resident on page 2068 of the packet. The resident is asking to be able to make regular payments on the balance, and we can always assess next year if they don't follow through. Pausche stated she believes 100% of the people on the list are on hard times and in previous years the City tried to work with residents on payments and they just ended up assessing the delinquent amount in the following year. These amounts being certified are the balances that are 6 months and older so there is probably even more owned at this time, but that balances less than 6 months will remain with the city. She suggests assessing all of the delinquent amounts given at this time. MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 09 -77: RESOLUTION ADOPTING ASSESSMENT FOR DELINQUENT SEWER AND WATER BILLS AND CERTIFYING TO THE COUNTY AUDITOR AT 6% INTEREST. LEVY #17449. C. Assessment hearing on CBD Parkinq Maintenance Charges Mayor Hanus opened the public hearing at 9:44 p.m. and upon hearing no public comment closed the hearing. MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 09 -78: RESOLUTION ADOPTING 2009 CBD PARKING MAINTENANCE ASSESSMENT ROLL TO BE CERTIFIED TO THE COUNTY AUDITOR AT 6% INTEREST. LEVY #17450 D. Assessment hearing on Miscellaneous Assessments Mayor Hanus opened the public hearing at 9:46 p.m. and upon hearing no public comments closed the hearing. MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 09 -79: RESOLUTION ADOPTING ASSESSMENT FOR MISCELLANEOUS PROPERTY IMPROVEMENTS AND CERTIFYING TO THE COUNTY AUDITOR AT 6% INTEREST. LEVY #17451. 7A. Assessment for Hazardous Property at 5139 Waterbury Road Sarah Smith informed the Council that the property owners and vested persons have signed consent and waiver agreements that waive the right to an assessment hearing and agree to have the charges incurred certified to the County for collection over five years at 8% interest. MOTION by Osmek, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 09 -80: RESOLUTION ADOPTING ASSESSMENT FOR HAZARDOUS PROPERTY AT 5139 WATERBURY ROAD. LEVY #17452. 7B. LGN contract for additional lobbying services Sarah Smith reviewed the proposed contract for 2009 -2010, that is on a month -to -month basis (at $1,500 /month) so as to continue federal funding efforts. Included was a supplementary memorandum from LGN that explains the services included in the Strategic Legislative Advocacy program. MOTION by Osmek, seconded by Salazar to approve the agreement with Lockridge Grindal Nauen (LGN) that includes monitoring federal and legislative activities impacting the City and its federal policy objectives, providing analysis of federal executive branch, legislative, regulatory and administrative developments impacting the City's federal policy objectives, and forwarding documents of interest relating to same. All voted in favor. Motion carried. 8. Island Park Storage Facility Carlton Moore presented a cost estimate for demolition of Island Park Hall and the placement of a hoop house and fencing to accommodate storage. Skinner agrees with the demolition of the building, but thinks there are better options for the storage problem. MOTION by Osmek, seconded by Salazar to direct staff to continue pursuing the demolition of Island Park Hall and work with the Public Works Facilities Committee on recommendations to come back to the Council. All voted in favor. Motion carried. 9. Rainwater infiltration at Public Works Facility Ray Hanson, Engineering /Planning Tech, presented bids received to replace a portion of the roof on the Public Works Facility. During recent rains staff was made aware that the rubber membrane roof was leaking in numerous locations and is in need of replacement. It is staff's recommendation to award the bid for the roof replacement to Dahlbec Roofing (bid $40,940.00) and also to approve spending 135 percent of the low bid, or $55,000, to cover any potential extra costs such as replacement of decking, etc. MOTION by Osmek, seconded by Salazar to accept the bid from Dahlbec Roofing in the amount of $40,940, and to approve the total expenditure of up to 135 percent of that bid for roof replacement at the Public Works Facility. It was noted that there is a 10 -year warranty on materials and workmanship. All voted in favor. Motion carried. 10. Docks and Commons Recommendations A Discussion /action on petition as it relates to Brighton & Wychwood Commons Fackler reported that the Docks & Commons Commission discussed a petition submitted by Dan Pilling requesting non - abutting docks be removed from Brighton Commons to alleviate dock spacing congestion. The Commission recommended denial of this request. Mound City Council Minutes - October 13, 2009 Gary Plix, 3025 Brighton, informed the Council that the 15' width between docks at the shore, ends up to more like 7 Y2' at the end and this creates congestion in the area. MOTION by Osmek, seconded by Salazar to approve the recommendation of the Docks & Commons Commission and deny the request to remove docks from the Brighton & Wychwood Commons and direct staff to provide an enhanced level of service to the area next year to try to alleviate these dock location issues. All voted in favor. Motion carried. B. Discussion /action authorizing improvements to Devon Commons Fackler indicated that he received a request for riprap on Devon Commons and the Docks & Commons Commission has recommended approval of this request. DeLonn Crosby, 4833 Island View Drive, came before the Council to express concern over safety in that area due to the condition of the present riprap. MOTION by Salazar, seconded by Osmek to approve $13,940 for Concept Landscaping to riprap Devon Commons with the direction that the money be taken from account 525 to spend that account down to $0, and the remaining balance be taken from account 500, capital out fund. All voted in favor. Motion carried. 11. Temporary on -sale liquor license application from Knights of Columbus Ritter explained that the Knights of Columbus have submitted a temporary on -sale liquor application to replace the one previously approved for 3.2 malt liquor. They are requesting that the fee paid be transferred to the on -sale license. MOTION by Salazar, seconded by Hanus to approve the temporary on -sale liquor license for Knights of Columbus for November 14, 2009 and have the fee transfer from the previously approved application. The following voted in favor: Salazar, Hanus and Skinner. The following voted against: None. Osmek abstained from voting because he is a member of the Knights of Columbus. Motion carried. 12. Approve minutes MOTION by Skinner, seconded by Hanus to approve the minutes of the September 22, 2009 regular meeting. The following voted in favor: Skinner and Hanus. The following voted against: None. Osmek and Salazar abstained from voting because they were absent from that meeting. Motion carried. MOTION by Osmek, seconded by Salazar to approve the minutes of the September 29, 2009 meeting. The following voted in favor: Osmek, Salazar and Hanus. The following voted against: None. Skinner abstained from voting because he was absent from that meeting. Motion carried. 13. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 1 Mound City Council Minutes — October 13, 2009 14. Miscellaneous /Correspondence A. Comments /reports from Councilmembers: Osmek stated that the Docks and Commissions Commission will be looking at reducing the second BSU fee to $75.00 B. Reports: Engineering Project Update Finance Dept — Investments as of Sept 2009 Public Works — BMI 3` Qtr Billing Summary C. Minutes: Planning Comm - Sept 29, 2009 (regular) Oct 6, 2009 (special) Parks & Open Space Comm — Sept 10, 2009 Docks & Commons Comm — Sept 17, 2009 D. Correspondence: Resolution 09 -76 to approve a side setback variance for property located at 4942 Edgewater Drive Letter from Metropolitan Council regarding determination completeness of Mound Comprehensive Plan Update (2030) Information /Press Release -- Changes to the MCES Service Availability Charge (SAC) credit system for 2010 LMC report on "buy American requirement Thank you from Spirit of the Lakes Festival Board Historical Society invitation to Minnetrista 150 birthday celebration Gillespie Gazette 15. Adjourn MOTION by Osmek, seconded by Salazar to adjourn at 10:55 p.m. All voted in favor. Motion carried. r Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk 1