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2007-10-09MOUND CITY COUNCIL MINUTES October 9, 2007 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 9, 2007, at 7:30 p.m. in the council chambers of city hall. Members present: Mayor Mark Hanus; Councilmembers David Osmek, John Beise and Greg Skinner Members absent: Mike Specht Others present: Community Development Director Sarah Smith, Acting City Manager Gino Businaro, David Blow, Amanda Schwarze, 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 Beise, seconded by Osmek to approve the agenda. All voted in favor. Motion carried. 4. Consent agenda Hanus requested the removal of Items 4A and 4F from the consent agenda for discussion. MOTION by Osmek, seconded by Beise to approve Items 4B through 4E on the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. (removed) B. Approve payment of claims in the amount of $387,406.26. C. Approve Payment Request No. 5 by GMH Asphalt in the amount of $551,512.95 for the 2007 Street Reconstruction Project (#PW-07-01) D. Approve permits for Our Lady of the Lake Catholic Church 1. Approve temporary sign permit for special event promotional signage for holiday boutique 2. Accept fee for public Dance/live Music permit for Starlight Blast E. RESOLUTION NO. 07-81: RESOLUTION RE-DEFINING THE PREMISES AND CONDITIONS FOR THE CLUB AND SUNDAY LIQUOR LICENSES ISSUED TO THE V.F.W. POST 5113 F. (removed) Mound City Council Minutes -October 9, 2007 4A. Approve minutes Hanus wanted a change in wording in a section of the September 25th minutes. MOTION by Hanus, seconded by Osmek to approve the September 25, 2007 minutes as amended. All voted in favor. Motion carried. 4F. Approve setting special meeting for discussion of 2008 budget and levy for October 30. 2007 at 6:30 p.m. Hanus stated that he has a conflict with the proposed date and asked the Finance Director if the budget could be ready for discussion at the next regular meeting of October 23, and if anyone on the council has a problem with holding the budget discussion at this regular meeting. MOTION by Osmek, seconded by Hanus to hold discussion on the proposed 2008 budget at the regular meeting of October 23, 2007. All voted in favor. Motion carried. 5. Public hearings A. Delinauent sewer and water bills Mayor Hanus opened the public hearing. David Blow, 4720 Manchester Road, stated that during the last few years, while recovering from alcoholism, he has become delinquent in taxes, mortgage payments, etc., and asked the council to forgive the late fees so that he can pay the assessment in full and not have it certified to his taxes. He is asking to have the $68.21 in late charges waived. Hanus stated that it's a struggle how to justify waiving his and not waiving others. Businaro stated that when requests come, staff makes a decision and informs the homeowner. Staff feels that if a mistake is made by the city, they will waive the fee, otherwise it is charged to the homeowner. It was determined that this case didn't meet the practice of waiving the late fees. Upon no other comments being offered, Mayor Hanus closed the public hearing. MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 07-82: RESOLUTION ADOPTING ASSESSMENT FOR DELINQUENT SEWER AND WATER BILLS AND CERTIFYING TO THE COUNTY AUDITOR AT 8% INTEREST. LEVY #16949. 5B. CBD Parking Maintenance Mayor Hanus opened the public hearing, and upon hearing no comment, closed the public hearing. 1 2 Mound City Council Minutes -October 9, 2007 MOTION by Osmek, seconded by Beise to adopt the following resolution: RESOLUTION NO. 07-83: RESOLUTION ADOPTING 2007 CBD PARKING MAINTENANCE ASSESSMENT ROLL TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST. LEVY #16950. 5C. Miscellaneous Property Improvements Mayor Hanus opened the public hearing and upon hearing no comment, closed the public hearing. MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 07-84: RESOLUTION ADOPTING ASSESSMENT FOR MISCELLANEOUS PROPERTY IMPROVEMENTS AND CERTIFYING TO THE COUNTY AUDITOR AT 8% INTEREST. LEVY #16951. 5D. Abatement of hazardous building at 4807 Longford Sarah Smith stated that the property owner would like to review the itemized charges relating to this assessment, and requested that action be delayed until the next council meeting. Mayor Hanus opened the public hearing. MOTION by Hanus, seconded by Beise to continue the public hearing until the October 23r° council meeting. Osmek stated that he does not want to continue this because the property has been an eyesore and blight on our community for years, and after having the letter returned from the owner, now he wants to come and talk about it. Sarah Smith stated that the public hearing notice was sent to the owner of record, and re-sent to the current known address, and the owner wants to review the itemized charges, which he has not seen to this point. Staff feels strongly that the charges are accurate. Osmek feels that the owners had ample opportunity to deal with the situation and has neglected to do so. The amount represents the actual cost to the city for removing the building that the owner should have done on his own, and there is no reason why we shouldn't assess this amount. He would like to act on this assessment now. Hanus withdrew his motion. Osmek stated that this property owner hasn't appeared at any previous meetings when this was discussed, and feels that it should be acted upon tonight. It started in 2003 with a fire, and was deemed hazardous in 2006. Mayor Hanus closed the public hearing. 3 1 1 1 Mound City Council Minutes -October 9, 2007 MOTION by Osmek, seconded by Beise to adopt the following resolution and direct staff to provide the property owner with a detailed list of charges. All voted in favor. Motion carried. RESOLUTION NO. 07-85: RESOLUTION ADOPTING ASSESSMENT FOR ABATEMENT OF HAZARDOUS BUILDING AT 4807 LONGFORD ROAD AND CERTIFYING TO THE COUNTY AUDITOR AT 8% INTEREST. LEVY #16952. 6. Discussion/Action on Ordinance Amending Section 610 of the Mound City Code as it Relates to Water Meters Hanus stated that the proposed ordinance reflects changes that he is suggesting. Skinner stated that he still prefers to have the reader installed inside the house. Beise also stated that he's not really a fan of changing the ordinance when we are down to only 16 meters left to be installed. Hanus stated that his concern is why we are insisting on having it in a specific location when there is no real overriding reason to have it in a specific location. Beise stated that there was a policy in place and only one person had a problem with placing it where all of the others have been installed, and thinks it should have stayed the way it was. Hanus stated that he doesn't agree with uniformity as being the only reason. Skinner doesn't feel that it should go any further than the one that they granted special concession for, and it's not just a uniformity thing. Osmek indicated that he is in favor of the ordinance, which would mean that a vote would result in a 2-2 tie. Hanus suggested that in that case, action should be delayed until the next meeting when there is a full council present. No action was taken. 7. Miscellaneous/Correspondence A. Comments/reports from Councilmembers B. Reports: Engineering Progress Report Finance Dept -Sept 2007 C. Correspondence: Gillespie Center 8. Adjourn MOTION by Osmek, seconded by Beise to adjourn. All voted in favor. Motion carried. Z~zc.~L. ~L~(1CQ~, Attest: Bonnie Ritter, City Clerk Mayor Mark Hanus 4