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2007-10-23MOUND CITY COUNCIL MINUTES October 23, 2007 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 23, 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, Public Works Director Carlton Moore, Finance Director Gino Businaro, Police Chief Jim Kurtz, Liquor Store Manager John Colotti, Fire Chief Greg Pederson, City Engineer Dan Faulkner, Dave Callister, Kathy Kardell, Parks Superintendent Jim Fackler, Lt. John McKinley, friends and family of Police Officer Mike Fornier, Ronda Hague, Carol Norberg, Duane Norberg, Brian Benson, Cara Otto, Sarah Pederson Weinhandl, Eric Weinhandl, Jeff Andersen, Darlene Rolland, Barbara Fischer. 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. Pledae of Afleaiance 3. Approve agenda MOTION by Beise, seconded by Skinner to approve the agenda. All voted in favor. Motion carried. 4. Swearing-in of Officer Mike Fornier Police Chief Jim Kurtz presented Officer Mike Fornier, followed by his swearing-in. 5. Consent agenda Specht requested the removal of Item 5A because he was absent from the October Stn meeting. Hanus requested the removal of Item 5J for discussion. MOTION by Osmek, seconded by Specht to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. (removed) B. Approve payment of claims in the amount of $1,036,855.39. C. Approve Change Order No. 1, Auditor's Road Utilities Reconstruction Project, No. PW-08-01. D. Approve Change Order Nos. 1 & 2, Mound Transit Center Parking Facility, No. PW-0605 E. Approve Payment Request No. 7 from Walker Parking Consultants in the amount of $547,327.17 for the Transit Center Parking Facility. Mound City Council Minutes -October 23, 2007 F . Adopt Emergency and Conservation Plan (Water Supply Plan) for public water supply authorized under DNR Permit 1973-1021. G. RESOLUTION NO. 07-86: RESOLUTION APPROVING A PREMISES PERMIT APPLICATION FOR GAMBLING AT V.F.W. POST 5113 H. RESOLUTION NO. 07-87: RESOLUTION APPROVING A PREMISES PERMIT APPLICATION FOR GAMBLING AT DAILEY'S PUB I. RESOLUTION NO. 07-88: RESOLUTION APPROVING THE ENVIRONMENTAL RESPONSE FUND (ERF) APPLICATION TO HENNEPIN COUNTY J. (removed) 5A. Approve of minutes MOTION by Osmek, seconded by Beise to approve the minutes of the October 9, 2007 regular meeting. The following voted in favor: Osmek, Hanus, Beise and Skinner. The following voted against: None. Specht abstained from voting. Motion carried. 5J. Ordinance amending the code as it relates to signage Hanus questioned who is proposed to approve portable signs if not the Council and what criteria will be used. He suggested that these concerns be addressed in the new ordinance. Smith will amend the proposed ordinance and bring it back at the next meeting. MOTION by Osmek, seconded by Specht to table this item. All voted in favor. Motion carried. 6. Comments and suggestions from citizens present on anv item not on the a enda. None were offered. 7. Mound Westonka School Superintendent Kevin Borg Kevin Borg complimented the Mound Police Department, Chief Kurtz, Officer Niccum, and Chief Pederson for their exceptional work on the Emergency Plan implemented at the schools. He also commended city staff for their cooperative efforts with the school. Borg informed the Council that Westonka students have earned annual test scores that have ranked among the state's best for five years in a row and reminded the public about the upcoming November 6th referendum. 8. Refunding of Tax Increment Bonds (dump remediation) Kathy Kardell of Ehlers ~ Associates presented three options for refunding the 2005 bonds that were sold as a temporary issue for the dump remediation and are to be refunded no later than February 1, 2008. It is the consensus of the Council to proceed with the third option presented, which is to sell another three year temporary bond but only use the amount of cash needed (currently estimated at $599,706) to pay the interest payments due over the three years. This would allow the City to monitor the condo market and would also delay any need for a levy for three years. Ehlers will proceed and bring the new issue to the council for approval at a later date. 2 Mound City Council Minutes -October 23, 2007 9. 2008 Street Improvement, Utilities and Retaining Wall Proiiect Dan Faulker reviewed the feasibility report with the Council. MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 07-89: RESOLUTION RECEIVING REPORT AND CALLING HEARING ON 2008 STREET IMPROVEMENT, UTILITIES AND RETAINING WALL IMPROVEMENT PROJECT 10. Action on resolution adopting policy for signage petitions Chief Kurtz presented a proposed resolution that would set a petition policy and procedure for residents that want to add, remove, or alter any city street sign, advisory sign or streetlight in their neighborhood. He had samples of what some other cities have implemented. Hanus strongly disagreed with forcing a resident to apply for a petition and use a stated form before a petition would be considered by the Council. He views this as unconstitutional. Specht stated that the application and form are good tools to offer a resident, but they should not be required to use them. Beise asked John Dean about the legality of adopting a policy for presentation of a petition. John Dean stated that in some instances there are a certain number of signatures required, etc. on a petition, but he has not had an opportunity to review the policy that Chief Kurtz is proposing so cannot answer about it's legality at this time. Osmek feels that the proposed forms are a good tool for residents to use but they should not be required to use them. MOTION by Skinner to accept the policy used by the City of Plymouth. Motion died for lack of a second. MOTION by Osmek, seconded by Beise to direct staff to put together a petition form that can be used for all purposes, with the ability for customization to a resident's specific request, and also to direct John Dean to review for legality the petition proposal presented by Chief Kurtz. Use of this form will be strongly encouraged, but not required. Staff is further directed to bring this back to the council for their review. The following voted in favor: Osmek, Specht, Hanus and Beise. The following voted against: Skinner. Motion carried. 11. PC Case No. 07-25 - 11-unit major subdivision sketch plan Sarah Smith reviewed the proposed sketch plan for the property located at 6301 Lynwood Blvd for a major subdivision to create eleven (11) new single-family lots. The application is proposing to utilize the PDA-CUP process to allow a 25-foot front setback and side setbacks of 6 and 10 feet. The Planning Commission reviewed the concept plan and found it favorable, including the front setback and side setbacks that are similar to the Langdon Bay and Langdon Trails subdivisions. No action is rieeded by the Council at this time and gave consensus that the sketch plan looks good. 3 Mound City Council Minutes -October 23, 2007 12. Discussion/action on an ordinance amending code as it relates to water meters Hanus stated that at a previous meeting they discussed adopting a new policy on installation of water meter readers, and this is the follow-up. Skinner stated that the radio reads should be on the inside, where the first 3600 were installed, instead of changing the policy now with only about 10 left to install. MOTION by Osmek, seconded by Hanus pass the following ordinance. The following voted in favor: Osmek, Specht, and Hanus. The following voted against: Beise and Skinner. Motion carried. ORDINANCE NO. 12-2007: ORDINANCE AMENDING SECTION 610 OF THE CITY CODE AS IT RELATES TO WATER METERS 13. 2008 Levv and Budget Discussion The Council reviewed the summary of changes that were requested since the last budget discussions. It was the consensus of the majority of the Council to leave in the $56,448 allocation for the Gillespie Center, and to allow for $93,200 from park dedication funds for two play structures and park soil borings. These were among the changes requested since the last meeting. The two play structures were petitioned for by neighboring residents of Philbrook and Schervan Parks and recommended by the Parks, Open Space and Docks Commission. Discussion followed on the General Fund Levy Increase. Hanus noted that the preliminary budget had a 6.3% levy increase, which put the fund balance at 24.38%. Osmek is suggesting a 0% levy increase, which would put the general fund balance at 21.36% without the Gillespie spending, or 20.28% with it. Businaro stated that would result in an unbalanced budget. Skinner stated that he is not in favor of an unbalanced budget because it will haunt them later. Kandis Hanson stated that the $150,000 that is owed on the Transit District deck will come when our resources are the slimmest and Hanus stated that this can be controlled by when the allocated funds for capital outlay are spent. After further discussion, Osmek, Specht and Hanus agreed on a 1.75% levy increase, which would put the general fund balance at 22.1 % without the Gillespie spending funds, and 22.03% with. Beise and Skinner want to leave the levy increase at 6.3%. By majority of council consensus, staff was directed to use the 1.75% general levy increase number for the final budget resolution that will be presented at the December 13, 2007 meeting. 14. Miscellaneous/Correspondence A. Comments/reports from Councilmembers -none B. Reports: POSDC minutes -October 11, 2007 C. Correspondence: Superintendent Borg on Gillespie Center D. Other: LMCC calendar 15. Adiourn MOTION by Specht, seconded by Osmek to adjourn at 11: 7 p. All vote n favor. Motion carried. Mayor Mark Hanus '~z~ ~ ' Attest: Bonnie Ritter, City Clerk 4