2007-09-11MOUND CITY COUNCIL MINUTES
SEPTEMBER 11, 2007
The City Council of the City of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, September 11, 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, City
Clerk Bonnie Ritter, Community Development Director Sarah Smith, Finance
Director Gino Businaro, Amanda Schwarze, Jacquleen Dawson, Bradley
Cressus, Jennifer Clark, Dale Campbell, Susie Fensko, Cade Spagenshe, Bryan
Rambert, Carrie Lee, Kevin Wetherille, Deb Pinault, Allen Dyan, Allen Dyan,
Trevor Gardner, Westin Henkers, Kole Retterath, Justin McDonald, Matt
Hildebrandt, Chris Pilling, Alex Robbins, Michael O'Kelly, Rich Burgess, Sarah
Burgess, Oliver Berglund, Mary Berglund, George & Janet Linkert, Emily Rock
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
Mayor Hanus called for the Pledge of Allegiance, followed by a moment of
silence in remembrance of tragedy September 11, 2001.
3. Approve agenda
Kandis Hanson requested the addition of Item 5A, Review/action on gas
disconnect at Basswood/Belmont apartments and direction regarding
commencement and preparation of emergency tenant remedies action per
Minnesota Statute
MOTION by Specht, seconded by Beise to approve the agenda as amended. All
voted in favor. Motion carried.
4. Consent agenda
A. Approve payment of claims in the amount of $180,252.77.
B. Approve pay request by American Engineering Testing, Inc. in the amount
of $13,184.25 for work on the 2007 Street Improvement Project (Project
#PW-07-01)
Mound City Council Minutes -September 11, 2007
C. Approve Pay Estimate No. 4 by GMH Asphalt in the amount of
$715,539.83 for work on the 2007 Street Reconstruction Project
D. Approve Pay Request No. 2 and Final from Widmer Construction, Inc. in
the amount of $1,811.34 for work on the Stirling/Tuxedo Intersection
Drainage Project
E. Approve Pay Request No. 2 and Final from Widmer Construction, Inc. in
the amount of $677.44 for work on the Cedar Lane Backyard Drainage
Project
F. Approve Pay Request No. 6 from Graham Penn-Co in the amount of
$357,013.31 for the Mound Transit CenterProject
G. Approve temporary on-sale liquor permit for Mound American Legion for
September 22, 2007.
H. Approve public dance/live music permit for Mound American Legion for
September 22, 2007.
I. ORDINANCE NO. 09-2007: AN ORDINANCE AMENDING SECTION
390 OF THE CITY CODE AS IT RELATES TO THE ADOPTION OF THE
FIRE CODE
5. Comments and suggestions from citizens present on anv item not on
the agenda.
Sue Pilling and members of OLL Troup 571 introduced themselves, informing the
Council that they are in attendance to earn the Citizenship in the Community
merit badge.
5A. Review/action on gas disconnect at Basswood/Belmont apartments
and direction regarding commencement and preparation of emergency
tenant remedies action per Minnesota Statute
Sarah Smith informed the Council that the City was approached by residents of
the Basswood/Belmont apartments regarding the disconnection of their gas utility
due to non-payment by the property owner. The City sent inspectors to the site
for determination of possible violation of the International Building Code. For the
past several days staff has been in contact with several agencies and
CenterPoint Energy regarding the situation. Staff is recommending that the City
Council review and consider the preparation and commencement of an
emergency tenant remedy as allowed in state statute, as it does not appear that
the violation of the code regarding the disconnect is going to be resolved by the
property owner. Staff also informed the Council that there is a possible real
estate transaction resulting in the sale of the properties to new owners, which
could also alleviate the condition. The potential new owner was in attendance
and stated that CenterPoint would turn the gas back on upon completion of the
real state transaction.
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Mound City Council Minutes -September 11, 2007
MOTION by Osmek, seconded by Specht to approve commencement of an
emergency tenant remedy as allowed by state statute, but if title to the property
changes hands, alleviating the problem, this action by the city will be ceased. All
voted in favor. Motion carried.
6. Action approving Escrow and Disbursing Agreement between Mound
Harbor Renaissance Development, LLC, the Villas on Lost Lake, and the
City of Mound
City Attorney John Dean explained that this agreement sets forth the terms and
conditions of the escrow of the reserves, the process for re-evaluating the
amounts of such escrow and the disbursements for future expenditures relating
to the maintenance of the Lost Lake channel, the area serving the 37 slips
available for license to owners of Villas on Lost Lake, and repair and
replacement of the slips. This is pursuant to the subdivision agreement with
Mound Harbor Renaissance Development, LLC.
MOTION by Osmek, seconded by Beise to approve the Escrow and Disbursing
Agreement between Mound Harbor Renaissance Development, LLC, The Villas
on Lost Lake Common Interest Community, and the City of Mound. All voted in
favor. Motion carried.
7. Consideration/action on petition to return to "No Parking" signs on the
west side of Tyrone Lane
Michael Kelly, 2733 Tyrone Lane, appeared before the Council representing
signers of a petition to restore the No Parking signs to the west side of Tyrone
Lane from Wilshire Blvd to the park. It was noted that these signs were changed
after the street improvement project, to comply with the city's No Parking Map.
MOTION by Specht, seconded by Osmek to remand this request to staff for their
review and recommendation for the next Council meeting.
MOTION by Osmek, seconded by Specht to recess at 8:18 p.m., due to a power
outage. All voted in favor. Motion carried
Meeting reconvened at 8:34 p.m.
Vote on above motion to remand this request to staff for their review and
recommendation for the next Council meeting: The following voted in favor;
Osmek, Specht, Hanus and Beise. The following voted against: Skinner.
Motion carried.
Mound City Council Minutes -September 11, 2007
8. Discussion/action on "Children at Play" sign request
Osmek stated that during National Night Out, he received a request to have a
"Children at Play" sign placed on Sherwood Drive. This is a short, dead-end
street and he doesn't see a problem with granting this request. Hanus also
agrees that if the neighborhood wants it he doesn't see any problem with it.
Skinner expressed concern over liability and the sign creating a sense of false
security.
MOTION by Osmek, seconded by Hanus to direct staff to erect a "Children at
Play" sign on Sherwood Drive. The following voted in favor: Osmek, Specht,
Hanus and Beise. The following voted against: Skinner. Motion carried.
9. Review/discussion regarding temporary sign permit request by
Millennium Center for Performing Arts located in the Gillespie Center.
Sarah Smith reviewed the request, as revised from the original request presented
on August 14. The amended request is for placement of a promotional banner
on the Gillespie Center property for 30 days, and placement of a grand opening
banner on the Gillespie Center property fora 15 day period, which is allowed by
code and doesn't need Council approval.
MOTION by Specht, seconded by Osmek to approve the temporary sign permit
as amended. All voted in favor. Motion carried.
10. Planning Commission Case No. 07-02 -Variance for house setback
(after the fact) - 5017 Avon Drive -Applicant: George Linkert
Sarah Smith stated that this item was tabled at the July 24"' meeting to give the
involved parties a chance to seek remedies for alleviation of this variance. It is
her understanding that the discussions have not resulted in a conclusion,
therefore the applicant requested that the variance be brought back to the
Council for review and action.
Smith commented that a 30 day extension to the current deadline of on or around
September 23rd was provided by the applicant in accordance with MS 1599. She
also commented that updates have been provided by the applicant and
neighboring property owner, which were included in the agenda packet.
Linkert explained details associated with the offer that was extended to him from
the involved property owner.
Kevin Wetherille, attorney for the neighbor, commented that his client was not
interested in a property swap and had proposed a settlement which would
eliminate future claims. He stated that his client has done nothing wrong and
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Mound City Council Minutes -September 11, 2007
expressed his client's opposition to the variance request and asks the City to
deny such request.
Discussion took place about implementation of the city's foundation policy which
came into affect after the date of issuance of the building permit application.
They also discussed removal of any encroachment created by the roof system.
Discussion also took place regarding drainage between the properties, which
isn't an issue for the city.
MOTION by Osmek, seconded by Skinner to direct staff to prepare a resolution
for approval for a sideyard variance of 1.5 feet, to include findings of fact, to be
presented at the next council meeting for consideration. All voted in favor.
Motion carried.
11. Budgets and Levies
A. Other considerations
1. Heating and air conditioning replacement of $15,000 is to be included
in the preliminary budget figures.
2. Entrance signage -because of cost estimates for signage, this item
will be left out of the 2008 preliminary budget.
B. Action on Resolution approving the 2008 preliminary general fund budget,
levy and preliminary overall budget for 2008.
Osmek and Hanus expressed their desire to see the preliminary budget reflect a
general tax levy at 4%, which would put the total levy at 6.89%. Specht, Beise
and Skinner felt that a 6.3% general tax levy increase, with a resulting 8.62%
total levy increase would be more appropriate for the preliminary budget. This
figure can be reduced before adoption of the final budget, but not increased.
MOTION by Beise, seconded by Specht to adopt the following resolution, which
reflects a 6.3% increase in the general tax levy and a 8.62% increase in the total
levy. The following vote in favor: Specht, Beise and Skinner. The following
voted against: Osmek and Hanus. Motion carried.
RESOLUTION NO. 07-70: RESOLUTION APPROVING THE 2008
PRELIMINARY GENREAL FUND BUDGET IN THE AMOUNT OF $5,207,676;
SETTING THE PRELIMINARY LEVY AT $5,088,430; AND APPROVING THE
OVERALL BUDGET FOR 2008.
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Mound City Council Minutes -September 11, 2007
C. Action on resolution approving HRA levy
MOTION by Osmek, seconded by Beise to adopt the following resolution. All
voted in favor. Motion carried.
RESOLUTION NO. 07-71: RESOLUTION APPROVING A LEVY NOT TO
EXCEED $190,418 FOR THE PURPOSE OF DEFRAYING THE COST OF
OPERATION, PURSUANT TO THE PROVISIONS OF MSA 469, OF THE
HOUSING AND REDEVELOPMENT AUATHORITY OF AND FOR THE CITY
OF MOUND FOR THE YEAR 2008
12. Miscellaneous/Correspondence
A. Comments/reports from Councilmembers
B. Reports: Bolton & Menk, Inc. Engineering Project Status
Harbor Wine & Spirits -Aug 2007
Finance Report -Aug 2007
C. Correspondencne; Gilespie Center "Messages for You..."
D. Other: Article on Fridley Code Enforcement
13. Adiourn
MOTION by Osmek, seconded by Beise to adjourn at 10:20 p.m. All voted in
favor. Motion carried.
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Attest: Bonnie Ritter, City Clerk
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Mayor Mark Hanus
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