2007-08-14MOUND CITY COUNCIL MINUTES
August 14, 2007
The City Council of the City of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, August 14, 2007 at 7:30 p.m.
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, Amanda Schwarze, Jill Krenik, Virginia Richard,
Shirley Romness, Art Mason, Austin Evans, Ken Sheehan, Ken Perbix
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 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
MOTION by Osmek, seconded by Specht to approve the agenda. All voted in
favor. Motion carried.
4. Consent agenda
Beise requested the removal of Item 4F from the consent agenda, and Hanus
requested the removal of Item 4H, 41, and 4J.
MOTION by Specht, seconded by Osmek 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 $2,039.929.42.
B. Approve Garbage and Refuse Collection License for WTI-Waste
Technology, Inc, contingent upon receipt of all fees and certificates of
insurance
C. RESOLUTION NO. 07-59: RESOLUTION APPROVING PUBLIC LANDS
PERMIT FOR VILLAGE BY THE BAY, 2100 OLD SCHOOL ROAD
D. Set Truth In Taxation Hearing for December 3, 2007 at 7:00 p.m. and
December 10, 2007 at 7:00 p.m. for continuation, if needed
E. Approve alcoholic beverages at Mound Depot for Employee Appreciation
Event on August 16, 2007, 5:00 p.m.
Mound City Council Minutes -August 14, 2007
F. (removed)
G. RESOLUTION NO. 07-60: RESOLUTION APPROVING PLANS AND
SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR
THE 2007 STORM DRAINAGE IMPROVEMENTS (PROJECT #PW-07-
04)
H. (removed)
I. (removed)
J. (removed)
K. Approve Payment Request No. 5 from Graham Penn-Co in the amount of
$564,381.17 for the Transit Parking Deck
L. Approve Revised Payment Request No. 2 from GMH Asphalt in the
amount of $514,653.19 for the 2007 Street Project
M. Approve Payment Request No. 3 from GMH Asphalt in the amount of
$470,41.83 for the 2007 Street Project
N. RESOLUTION NO. 07-61: RESOLUTION AMENDING THE NO
PARKING MAP THAT DESIGNATES CERTAIN STREETS WITHIN THE
CITY OF MOUND AS NO PARKING ZONES
4F. Action on temporary sign permit request for placement of banners by
Millennium Center for Performing Arts
Beise voiced concern over the length of time that the applicant is asking for. They
are asking for a temporary sign permit to allow signage (banners) to promote
their community-based performing arts group, with the signage allowed until
November 28, 2007. This is 90 days longer than the ordinance provides. He
also is concerned about putting business billboards up at the entrance to the
City. This is a local business and he doesn't think it appropriate to put a
business billboard on city property.
Sarah Smith stated that staff is recommending that if the council approves the
permit, it is only fora 60-day period following issuance, and that applicant work
with staff on placement.
Osmek stated that this banner is not advertising an event, but a promotional
device for their organization. He suggested putting the signage at the Gillespie
Center, where the group is located.
MOTION by Osmek, seconded by Specht to table for two weeks, until the next
regular council meeting, for staff to work with applicant on feasible locations and
time frame. All voted in favor. Motion carried.
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Mound City Council Minutes -August 14, 2007
4H. Action on Resolution Accepting Engineering Report, Approving Plans
and Specifications, and Ordering Advertisement for Bids for Auditor's
Road Utilities Reconstruction (Project #PW-05-071
Hanus questioned if we should be putting the utilities in when a future business
may dictate that the location and capacity isn't adequate for their needs. Carlton
Moore stated that the utility standards are based on size and capacity for the
land use projected, as confirmed by the developer. Funding for these utilities will
come from the existing fund.
MOTION by Osmek, seconded by Specht to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 07-62: RESOLUTION ACCEPTING ENGINEERING
REPORT, APPROVING PLANS AND SPECIFICATIONS, AND ORDERING
ADVERTISEMENT FOR BIDS FOR AUDITOR'S ROAD UTILITIES
RECONSTRUCTION (PROJECT #PW-05-07)
41. Action on Resolution Approving Plans and Specifications and Ordering
Advertisement for Bids for the 2007 Retaining Wall Replacement (Project
#PW-07-02)
Hanus stated it is his understanding that the 2007 street and retaining wall
project was bonded for last year and the funds to be used for these walls on
Three Points are excess funds from that bond. Carlton Moore stated that walls
are now replaced as part of the street projects, and the walls being considered
now are walls that should have been included in 2003 Three Points area street
project, but weren't. There is $150,000 left from the previous bond to do these
walls.
Hanus stated he physically went out and assessed the proposed walls and didn't
find any of them in dire need for repair at this time. He has as problem with
releasing this money to do these walls when they will last for some time yet. He
stated that Osmek previously suggested to him that, if legal, they should take this
excess $150,00 and pay off an unrelated earlier bond and retire debt more
quickly than scheduled. He agrees with Osmek's suggestion.
John Dean stated that the specific bond documents would have to be examined
to determine if they are callable, but most likely this can be done.
MOTION by Hanus, seconded by Osmek to remand this to staff and have them
look at the outstanding bonds and make recommendation to the Council on the
legality of retiring or partially retiring some of these bonds. All voted in favor.
Motion carried.
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Mound City Council Minutes -August 14, 2007
4J. Action on Resolution Ordering Preparation of Report on 2008 Street
Improvement, Utilities and Retaining Wall improvements
Hanus pulled this item from the consent agenda because he doesn't know where
the money is coming from for this project. The worse streets, according to the
city-wide study, were done first. He understands the benefit of a constantly
rolling project, but there are some real financial crunches coming up and
taxpayers need a break. He's not trying to stop the street program, but asked if it
is absolutely imperative that it be done this year. There will be $7 million over the
next ten years for sewer lines, and thinks the Council should prioritize these
projects.
Carlton Moore informed the Council that about by the end of 2007, about 48% of
the city streets will be improved. Every street proposed for 2008 has been
walked and inspected and some are worse than originally would seem.
Beise stated that he doesn't think the 10-year project should be stalled. Many of
the city streets yet to be improved are coming up on 30 years old. They have
heard very little opposition to the project from citizens. Specht thinks that that the
results of the bidding process should be seen before determining if the project
should be delayed. Skinner feels that if the project isn't continued, good money
will be thrown after bad trying to patch these unimproved streets.
Osmek stated that there is going to be a point where we can't continue to add
and add to the tax burden. People on limited incomes can no longer handle the
taxes. The $7 million lift station project has been approved and choices need to
be made on priorities. He is willing to vote for this, but stresses that they can't
continue to hit people with added taxes.
Hanus asked how much money the feasibility report will cost and Moore stated
that it will be $5,000 or less.
MOTION by Osmek, seconded by Specht to adopt the following resolution. The
following voted in favor: Osmek, Specht, Beise and Skinner. The following voted
against: Hanus. Motion carried.
RESOLUTION NO. 07-63: RESOLUTION ORDERING PREPARATION OF
REPORT ON 2008 STREET IMPROVEMENTS, UTILITIES AND RETAINING
WALL IMPROVEMENTS
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Mound City Council Minutes -August 14, 2007
5. Public Hearing
PC Case No. 07-12 -CUP Amendment -Trail Modification in Village by The
Bay
Sarah Smith reviewed the application for a conditional use permit amendment
submitted by Village by the Bay to remove a requirement from the original project
approvals, which required the construction of a small trail section on the north
side of the stormwater pond. This request is due to the trail's proximity to the
most southerly townhome complex.
Mayor Hanus opened the public hearing at 8:26 p.m.
Austin Evans, 5799 Colony Lane, stated he is president of the Village By the Bay
Homeowners Association and stated that the elimination of this trail will enhance
the beauty of the development, and also eliminate the potential hazard to
children that it would pose.
Mayor Hanus closed the public hearing at 8:29 p.m.
MOTION by Osmek, seconded by Specht to adopt the following resolution as
amended, per staff recommendation. All voted in favor. Motion carried.
RESOLUTION NO. 07-64: RESOLUTION APPROVING AMENDMENT TO
PLANNED DEVELOPMENT AREA -CONDITIONAL USE PERMIT (PDA-CUP)
TO MODIFY THE APPROVED DEVELOPMENT PLANS OF THE VILLAGE BY
THE BAY PROJECT. P&Z CASE #07-12.
6. Public Works Maintenance Facility Project
A. Request authorization for committee to initiate public process
Ken Sheehan of Architectural Architects presented the Council with an outline of
the proposed pubic process.
Osmek stated that the big question when looking at the process is if there will be
a referendum or not. He sees a problem with having a gap of 9-11 months
between the public information process and a referendum vote for the project. In
this gap, people have will forget. He feels the decision has to be made now if it
makes sense to have a referendum or not, and he is in favor of a referendum.
He doesn't disagree with the process, but does disagree with the timeline.
Beise sees the importance of the public process now, because it is not a
foregone conclusion that a referendum is needed. If the process shows
overwhelming support for the project without referendum, then there is no need
to wait for the vote. If the public tells they want a referendum, that's the direction
that they should take. They need the public to take a look at the need and say,
yes, we can't believe we're asking employees to work in conditions like this.
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Mound City Council Minutes -August 14, 2007
Hanus questions the validity of the process if only a few hundred people show
up. He sees the real problem is getting the public to buy into this project at this
stage without a plan and dollar amount. Ken Sheehan stated that they will
present cost estimates and concept plans in the public process and feels there is
appropriate information for this process.
Skinner feels that the Council needs to hear what the people will say. The public
will tell them whether they need a referendum or not.
MOTION by Beise, seconded by Skinner to authorize the initiation of the public
process as outlined by Architectural Associates. The following voted in favor:
Specht, Beise and Skinner. The following voted against: Osmek and Hanus.
Motion carried.
B. Report on land options
Carlton Moore reported that staff has met with the city attorney to discuss option
agreements that the council authorized. The City Attorney contacted property
owners and all were open to option agreements and the City Attorney is now
working on these option agreements.
Hanus stated that he made a brief statement at the last meeting, and stated
again that he doesn't think the city is ready to do this project financially and
suggests that staff take a look at their facilities and determine if any imminent
health or safety issues exist and bring those back to the Council for
consideration.
7. Comments and suaaestions from citizens present on any item not on
the agenda.
Ken Perbix, 5575 Shoreline Drive, stated he is open to an option agreement on
his property, for the city to possibly use for future redevelopment. He was
directed to put his proposal in writing and present it to city staff for consideration.
8. Approval of minutes of July 24, 2007
MOTION by Osmek, seconded by Beise to approve the minutes of July 24, 2007.
The following voted in favor: Osmek, Specht, Hanus and Beise. The following
voted against: None. Skinner abstained from voting because he was absent
from this meeting. Motion carried.
9. Approval of minutes of July 31, 2007
MOTION by Beise, seconded by Hanus to approve the minutes of the special
July 31, 2007 meeting. The following voted in favor: Specht, Hanus, Beise and
Skinner. The following voted against: None. Osmek abstained from voting as he
was absent from this meeting. Motion carried.
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Mound City Council Minutes -August 14, 2007
10. Action on Resolution Amending Resolution No. 06-110 to Approve the
vacation of a portion of unimproved Waterbury Place and Windsor Place
adjacent to property located at 4944 Island View Drive
Sarah reviewed the stated that the previous vacation was approved subject to
conditions including the preservation of a 12-foot easement over Windsor Place
for access and maintenance and a utilities easement over Waterbury Place due
to the presence of an existing force main the size of which was to be determined
by the city. The City Attorney has advised, due to the existence of mortgages on
the adjacent property, that the city's easement rights be fully preserved and
described in the actual adopting resolution, which is what the proposed resolution
accomplishes.
MOTION by Beise, seconded by Specht to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION N0.07-65: AN AMENDED AND RESTATED RESOLUTION TO
APPROVE THE VACATION OF A PORTION(S) OF UNIMPROVED
WATERBURY PLACE LAND WINDSOR PLACE ADJACENT TO PROPERTY
LOCATED AT 4944 ISLAND VIEW DRIVE
11. Update on Halstead Pointe redevelopment proiect
Sarah Smith updated the Council on the proposed Halstead Pointe project,
stating the Minnetrista had a 3-2 vote not to order an EAW, and is anticipaing the
start of the land use process there. On the Mound side, the land use and
subdivision applications were submitted and reviewed and deemed incomplete,
and therefore the developer is currently working to complete these.
12. Miscellaneous/Correspondence
A. Comments/reports from Councilmembers: Specht mentioned that last
week Congressman Jim Ramstad was in Mound for a town meeting
B. Reports: Updated Engineering Project Status Report
2007 Spring Clean-up Report
Finance Department -July 2007
Message For You -Gillespie Center
C. Correspondence: Positively Minnesota letter of July 23, 2007
13. Adiourn
MOTION by Osmek, seconded by Specht to adjourn at 9:20 p.m. All voted in
favor. Motion carried.
~~~ Mayor Mark Hanus
P3~--L~~-u-~?_
Attest: Bonnie Ritter, City Clerk
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