Loading...
2007-03-13MOUND CITY COUNCIL MINUTES MARCH 13, 2007 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Thursday, March 13, 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, Jim Dailey, Pamela Hinck, Steve Ekeberg, Vladimir Sivriver, Dave Callister 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 the item 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 3. Approve agenda Specht requested the removal of Item 41 from the Consent Agenda for discussion. Hanus requested the removal of Item 4D and 4F from the Consent Agenda. MOTION by Osmek, seconded by Beise to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda MOTION by Beise, seconded by Specht to approve Consent Agenda Items 4A, 46, 4C, 4E, 4G, and 4H. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of the February 27, 2007 regular meeting B. Approve payment of claims in the amount of $1,657,579.72. C. RESOLUTION NO. 07-27: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2007 STREET IMPROVEMENT PROJECT D. (removed) E. Set special meeting for Finance Workshop: Tuesday, April 10, 2007 at 6:00 p.m. Mound City Council Minutes -March 13, 2007 F. (removed) G. Approve agreement for disposal between NRG Processing Solutions, LLC, and the City of Mound H. Approve Transient Merchant License for Northwest Tonka Lions for Music in the Park, with fee waived I. (removed) 4D. Approve construction plans submitted by Three Rivers Park District for Dakota Rail Regional Trail Hanus asked about the six reserved parking spots to be reserved for trail users. Carlton Moore answered that he attended the meeting regarding this, and the City can determine where to locate these spots, whether it be in the ramp or on- street. He also stated that Hennepin County is paying $300,000 for the stormwater management in that area, and the city is fiscally responsible for the parking spaces. Hanus also stated that the letter in the packet refers to the plans, and asked where the actual plans are. Moore stated that the trailhead plan is part of the City's transit district plan. Hanus also asked if motorized vehicles will be allowed on the trail and Moore stated no motorized vehicles will be allowed on the trail in Hennepin County. MOTION by Osmek, seconded by Specht to approve the construction plans submitted by Three Rivers District for the Dakota Rail Regional Trail. All voted in favor. Motion carried. 4F. Planning Case #07-05 for waiver of platting for property located at 47XX Manchester Road Sarah Smith had a handout for this item, and highlighted a recommended change, being that an additional condition be added to require the re-dedication of the 5' roadway easement and 7.5' utility easement. Hanus asked for clarification regarding the history of the lot split/combination, with regard to the park dedication fees required. Smith will look into it and correct if needed. Hanus also was concerned over stating an amount for the sewer and water connection fees, rather than what is in the fee schedule at time of issuance of the building permit, and suggests removing the dollar amount from the resolution. Hanus also suggested new wording for Item 14 under the conditions as "The new lots abutting Cumberland Road will be deemed to have front yard setbacks to Cumberland Road. Sideyard setbacks shall be imposed according to code without variances." Smith agreed with this change. MOTION by Hanus, seconded by Specht, to adopt the following resolution as amended, with directive to staff to determine if the second park dedication fee is applicable and to impose accordingly, and to including the easement recommendation made by staff. All voted in favor. Motion carried. 2 Mound City Council Minutes -March 13, 2007 RESOLUTION NO. 07-28: RESOLUTION TO APPROVE REQUEST FROM CHARLES HENKE FOR WAIVER OF PLATTING APPROVAL FOR PROPERTY LOCATED AT 47XX MANCHESTER ROAD TO CREATE TWO (2) LOTS. PID #19-117-23-32-0089, PLANNING CASE #07-05. 41. Approve temporary sign permit for Dailey's Pub for advertisement of St. Patrick's Day specials/events Specht stated he requested this item be removed from the consent agenda because Jim Dailey is in attendance and wants to comment. Jim Dailey, 3026 Casco Point Road, Orono, appeared before the Council expressing his frustration over having to be before the Council again, when he was here two weeks ago and thought the banner issue was resolved. He feels singled out when all other businesses in town have signs out, and feels it could have been taken care of administratively. Hanus stated Dailey is governed by the same sign ordinance that every other business is, and this was a stipulation put on his liquor license because at time of issuance it was deemed appropriate. MOTION by Specht, seconded by Osmek to approve the temporary sign permit for bailey's Pub for advertisement of St. Patrick's Day specials/events. All voted in favor. Motion carried. 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Public hearing Review of Planning Case 06-43 and 06-44 - 2-lot minor subdivision and street vacation - 4731 Wilshire Blvd. Sarah Smith reviewed the application from Vladimir Sivriver for a minor subdivision and vacation approval to subdivide the property located at 4731 Wilshire Blvd to create (2) lots. As proposed the lot split will create new lot lines and includes the north half (15 feet) of unimproved Suffolk Road. The Planning Commission recommended approval of the request, with conditions. Skinner questioned number 21 under the conditions in the resolution with regard to the definition of permanent structures in the easement. John Dean stated that typically it is stated that there are no encroachments on the easement, not structures, and this language can be incorporated in the easement itself. Mayor Hanus opened the public hearing at 8:15 p.m. 1 3 Mound City Council Minutes -March 13, 2007 Steve Ekeberg, 4728 Bedford Rd, abutter to the south of the portion of Suffolk road proposed to be vacated, appeared saying that he didn't participate in the request for vacation because of lack of understanding of the process to do so. He stated he would like to get his half of Suffolk Road and doesn't believe there will ever be any utilities placed there. Hanus recommended he contact Sarah Smith and she can guide him through the vacation process for the other portion of Suffolk Road not included in the present application. Ekeberg stated that he is not opposed to the application that is the subject of this hearing. Vladimir Sivriver, surveyor, stated that they applied the way they did so as to not require any variances, and thanked the Council and Sarah Smith for their cooperation and help. Pamela Hinck, 4743 Wilshire Blvd, stated she is next to the proposed property and doesn't oppose the subdivision and street vacation, but she does have a huge drainage issue right now and wants to make sure that this subdivision doesn't add to it. She was informed that there are conditions in the resolution that address drainage issues. Upon no further comment, Mayor Hanus closed the public hearing at 8:23 p.m. MOTION by Osmek, seconded by Specht to adopt the following resolution. Hanus requested striking the words "of $240.00 each respectively" and replace with "for each lot" from Item 11 of the conditions. Osmek and Specht accepted this as a friendly amendment. All voted in favor. Motion carried. RESOLUTION NO. 07-29: RESOLUTION TO APPROVE A 2-LOT MINOR SUBDIVISION AND VACATION OF UNIMPROVED PORTION OF SUFFOLK ROAD ADJACENT TO PROPERTY LOCATED AT 4731 WILSHIRE BOULEVARD 7. Dave Callister of Ehlers & Associates on sale of bonds for 2007 capital purchases and proiects Dave Callister of Ehlers & Associates reviewed the results of the three bond sales, receiving very good interest rates. Moody's rating was affirmed as Aa3. A. Series 2007A, $2,725,000 General Obligation Improvement Bonds, are for the 2007 Street Project, Lost Lake Greenway, and some retaining wall improvements. Five bids were received with the lowest being Harris N.A., of Chicago, IL. The true interest cost is 3.9130% for 15 years. MOTION by Osmek, seconded by Beise to adopt the following resolution. all voted in favor. Motion carried. 4 Mound City Council Minutes -March 13, 2007 RESOLUTION N0.07-30: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,725,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF B. Series 20076, $2,355,000 General Obligation Utility Revenue Bonds for improvement in the water and sewer funds along with the reconstruction projects and other needed repairs. Four bids were received with the lowest being Wells Fargo Brokerage Services, LLC, of Minneapolis, with true interest cost of 4.0132% for 20 years. MOTION by Osmek, seconded by Beise to adopt the following resolution. all voted in favor. Motion carried. RESOLUTION NO. 07-31: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,355,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 20076 AND PLEDGING FOR THE SECURITY THEREOF NET REVENUES C. Series 2007C, $180,000 General Obligation Equipment Certificates, which is part of the annual budgeting process to cover equipment purchases for this year. This was sent to local banks, and received three bids with the lowest being United Bankers Bank of Bloomington, MN, with true interest cost of 4.0626% for 5 years. MOTION by Beise, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 07-32: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $180,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2007C, AND LEVYING A TAX FOR THE PAYMENT THEREOF 8. Approving professional services contract with Architectural Alliance for the concept development stage of a proposed public works maintenance facili Carlton Moore reviewed the proposed contract. Hanus questioned on page 5 of their proposal where they say they will provide three or more alternatives, and in another place in the proposal it states up to three. Moore stated that in the actual agreement it states they will develop up to three facility design concepts based on the needs study, and that the concepts may be for different locations including the feasibility of adding on and remodeling the existing facilities. 5 Mound City Council Minutes -March 13, 2007 MOTION by Osmek, seconded by Beise, to approve the professional services contract with Architectural Alliance for the concept development stage of the proposed public works maintenance facility, as presented. All voted in favor. Motion carried. 9. Miscellaneous/Corerspondence A. Comments/reports from Councilmembers: (1) Hanus expressed concern over the "360 degree" process used for the City Manager's performance evaluation. It bothers him that the City Manager chooses who submits her review from the outside. He would like to come up with a process that reduces the impropriety that could be perceived. There are only five people in the city directly responsible for the City Manager's performance, and that's the City Council. He thinks the Council is the body that needs to weigh in on the process more heavily. He proposes having all the recipients complete their evaluation and not have the scores compiled, but give all the evaluations to the Councilmembers for their consideration. This process would remove these select people from directly impacting her evaluation score. He suggests directing the City Manager to alter the process as explained. Skinner questioned the reason for changing the process and suggested having the Council pick the recipients. Osmek stated that it's too late for this year because they've already been sent out. This can be taken into consideration for next year. Hanson doesn't understand where the appearance of impropriety is because she puts people on the list that she knows dislike the City and have had differences with her. This is a chance for people to be real honest, and Hanus stated that he's concerned that accurate responses are not being received for various reasons. He recognizes the merit in the process, but as citizens find out that the City Manager hand picks who does her review, there is impropriety there regardless of the intent. He doesn't know of anyone else that picks who does their review, and has received negative feedback regarding the present process. Skinner still feels that the process should continue as started for this year and looked at changing next year. Specht stated that he likes the idea of having the other evaluations to review before the Council fills out theirs. Beise stated that this could be put on the March 27th agenda for action on the process, to give Councilmembers an opportunity to think about it. 6 Mound City Council Minutes -March 13, 2007 Council gave directive to staff to compile the evaluation scores and comments from the outside recipients and supply this data to the Council so they can take this data into consideration before completing their performance evaluations for the City Manager. The City Council's scores are the only ones that will actually count in determining the final numbers. (2) Specht conveyed condolences to Police Chief Jim Kurtz and his family for the recent death of his sister. (3) Specht reported that he received nine phone calls within afour-hour period from a concerned citizen requesting that a streetlight be put in at Alexander and Donald. Hanus explained the process for this request, which is to put the request in writing, with support of the neighbors, to the City Manager and she will get it to the appropriate departments for review and recommendations. (4) Osmek gave staff directive to cease supplying hard copies of city code book updates, as they prefer to use the Internet. B. Reports: Planning commission minutes -Feb. 26, 2007 Park, Open Space & Docks Comm. minutes -Jan 2007 Finance Department -Feb 2007 Harbor Wine & Spirits -Feb 2007 C. Correspondence: Calendar: LMCC Newspaper article Letter: Met Council on Comp Plan Update Newsletter: Gillespie Center 10. Adiourn MOTION by Osmek, seconded by Specht to adjourn at 9:18 .m. All voted in favor. Motion carried. G~ Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus 1 7