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2007-12-11MOUND CITY COUNCIL MEETING December 11, 2007 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, December 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, Community Development Director Sarah Smith, Public Works Director Carlton Moore, Municipal Liquor Store Manager John Colotti, City Engineer Dan Faulkner, Marjorie Masonde, Alta Noack, Virginnia Webster, Patty Guttormson, DeDe Shanley, Janice Gerde, Ed Fahlstrom, Helen Ohnesarge, Delores Lind, Art Mason, Virginia & Wilfred Reiland, Bernice Putt, John Crosby, Austin Evans, Shirley Romness, Keith Putt, Steve Albers, Nataliya Masters, Martin & Jane Carlsen, Lila Egan 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 The meeting was called to order at 7:30 p.m. by Mayor Hanus. 2. Pledge of Allegiance 3. Approve agenda Kandis Hanson requested the removal of Item 8 because the matter has been resolved, and to replace it with a new item 8, clarity of composition of membership of the Parks, Open Space, and Docks Commission. MOTION by Beise, seconded by Skinner to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda Hanus requested the removal of item 4M for discussion. Skinner requested the removal of Item 4A. MOTION by Osmek, seconded by Specht to approve the consent agenda as amended. All voted in favor. Motion carried. A. (removed) B. Approve Pay Request No. 9 by Graham Penn-Co, City Project No.PW-0605, for work on the Mound Transit Center Project, in the amount of $193,918.85 C. Approve Pay Request No. 1 by Kusske Construction, City Project No. PW-07-04, for work on the 2007 Storm Drainage Improvement Project, in the amount of $78,263.52 1 Mound City Council Minutes -December 11, 2007 D. Approve Pay Request No. 7 by GMH Asphalt, City Project No. PW-07-01, for work on the 2007 Street Improvement Project, in the amount of $150,881.38 E. Approve Pay Request No. 1 by G.L. Contracting, Inc, City Project No. PW-05-07, for work on the Auditor's Road Utilities Reconstruction Project, in the amount of $103,665.18 F. ORDINANCE NO. 14-2007: ORDINANCE AMENDNG SECTION 365 OF THE CITY CODE AS IT RELATES TO SIGNAGE G. ORDINANCE NO. 15-2007: ORDINANCE AMENDING SECTION 380 OF THE CITY CODE AS IT RELATES TO LAND USE FEES H. RESOLUTION NO. 07-97: RESOLUTION AUTHORIZING SUBMITTAL OF A REQUEST TO THE METROPOLITAN COUNCIL TO EXTEND THE LIVABLE COMMUNITIES GRANT FOR THE PARKING STRUCTURE IN THE AUDITOR'S ROAD DISTRICT I. RESOLUTION NO. 07-98: RESOLUTION AUTHORIZING SUBMITTAL OF LETTER OF INTEREST TO HENNEPIN COUNTY FOR COMMUNITY WORKS CORRIDOR PLANNING PROGRAM FUNDING J. RESOLUTION NO. 07-99: RESOLUTION ADOPTING FEE SCHEDULE K. RESOLUTION NO. 07-100: RESOLUTION APPROVING CONTRIBUTIONS L. Approve cancellation of regular meeting of December 25, 2007. M. (removed) 4A. Approve payment of claims Skinner stated that he pulled this from the consent agenda because wishes to abstain from voting. MOTION by Osmek, seconded by Specht to approve payment of claims in the amount of $762,173.17. Upon roll call vote, the following voted in favor: Osmek, Specht, Hanus and Beise. The following voted against: none. Skinner abstained. Motion carried. 4M. Approval of minutes Hanus had a correction to the minutes, being that he abstained from voting on Item 11. MOTION by Osmek, seconded by Specht to approve the minutes of November 27, 2007 as amended. All voted in favor. Motion carried. 5. Public Hearings A Presentation by Liauor Store Manager John Colotti and action on resolution regarding continuation of municipal liquor store Hanus explained that state statute requires that the city hold a public hearing when their municipal liquor store shows a loss in two consecutive years. John Colotti presented revenue comparisons from 2003-2007, stating that 2007 will show a profit unless there is some unforeseen catastrophe. They are forecasting $2.5 million in sales for 2007 with 26%-27% gross profits. Mayor Hanus opened the public hearing at 7:42 p.m. and upon hearing no public comment, closed the hearing. 2 Mound City Council Minutes -December 11, 2007 MOTION by Specht, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 07-101: RESOLUTION REGARDING CONTINUATION OF MUNICIPAL LIQUOR STORE B. Continuation of Improvement Hearing for 2008 Street Reconstruction Proiect Discussion took place regarding the assessment method previously adopted regarding the PDA included in the 2008 Street Project, being Village By the Bay. MOTION by Osmek, seconded by Beise that policy for a parcel situated as Village By the Bay, having only street access onto a public street that is proposed for improvement, would be not to assess it for the 2008 Street Improvement Project, and that the city will absorb the assessment cost for this parcel and not spread it between other parcels on the project. Skinner stated that he feels this area should be assessed, at least for one unit, which would represent the area actually abutting the street. Specht also agrees that the area should share the cost of one unit assessment. Vote on the above motion: The following voted in favor; Osmek, Hanus and Beise. The following voted against; Specht and Skinner. Motion carried. Mayor Hanus opened the public hearing at 8:00 p.m. Austin Evans, 5799 Colony Lane, stated that he is President and Director of Village By the Bay Homeowners Association and thanked the council for their decision on the VBTB assessment, and also stated that the association is responsible for maintaining the private roads within the development. Cost for maintenance of roads for the next 30 years is stated at $304,968, so they have an additional burden that other residents of the city do not have. Mayor Hanus closed the public hearing at 8:03 p.m. Discussion took place by the Council regarding the retaining wall portion of the 2008 project, and it was the consensus of the council that city staff should reassess these walls before replacement and/or repair takes place. MOTION by Beise, seconded by Skinner to adopt the following resolution. Osmek offered a friendly amendment, being that under a Number 5 be added stating that the wall reconstruction portion of the project will be reviewed by the City Engineer and Staff and revisions will be presented to the City Council before 3 Mound City Council Minutes -December 11, 2007 engaging in the retaining wall portion of the project. Beise and Skinner accepted this amendment. All voted in favor. Motion carried. RESOLUTION NO. 07-102: RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR 2008 STREET IMPROVEMENT, UTILITIES AND RETAINING WALL IMPROVEMENT PROJECT 6. Comments and suggestions from citizens present on any item not on the agenda Martin Carlsen, 5782 Elm Road, expressed concern to the council over contractors tearing up roads in the residential areas, and who is responsible for repair of these roads. John Dean stated that if the public lets the city know when they observe these situations its easier to respond to them. Staff will check and see if there is still a bond in place regarding the Village By the Bay Development. 7. Sale of $4 015 000 Taxable General Obligation Temporary Tax Increment Bonds The Mayor announced that the next order of business was consideration of the proposals which have been received for the purchase of the City's $4,015,000 Taxable General Obligation Temporary Tax Increment Refunding Bonds, Series 2008A. Ehlers & Associates, Inc., the financial advisor of the City, presented a tabulation of the proposals that had been received in the manner specified in the Official Terms of Proposal for the Bonds. After due consideration of the proposals, Member Osmek then introduced the following written resolution, the reading of which was dispensed with by unanimous consent, and moved its adoption: RESOLUTION NO. 07-103: RESOLUTION AWARDING THE SALE OF $4,010,000 TAXABLE GENERAL OBLIGATION TEMPORARY TAX INCREMENT REFUNDING BONDS, SERIES 2008A; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT Motion was seconded by Beise. All voted in favor. Motion carried. 8. Clarity of composition of membership of the Parks, Open Space and Docks Commission Kandis Hanson stated that they are interviewing candidates for the commission on Thursday evening and interpretation of the ordinance has come up. The present ordinance has been interpreted that the commission consist of one abutter, one non-abutter, one multiple slip holder, three that are not in the dock program, and one Council representative. Hanus strongly disagrees with this interpretation and does not believe that the intent was to have people who don't use or fund the dock program, regulate it. Beise disagreed with Hanus and stated that he believes the intent was to control who is on the commission so it's not weighted heavily in one direction. Osmek said he was around when this ordinance was adopted and at no point was it ever said that it was designed to make sure that there was a minority of dock holders on this commission. The question was asked if there could be all members on the dock program or a minimum of 3, or anywhere in between. It was never the intent that non-dock holders run this thing. Beise stated it was always the intent that non-dock holders be on the 4 1 1 1 Mound City Council Minutes -December 11, 2007 commission. Today there are 3 members not in the program and 4 that are in the program. Skinner agreed with Beise. Specht also expressed that the current make-up was the intent. John Dean stated that based on the majority consensus and discussion there is no need to vote on anything and no reason not to hold the interviews on Thursday, and if the Council wishes to revisit the ordinance it should go to the commission for comment as well. 9. 2008 Budget and Levy Kandis Hanson reviewed the budget process and Gino Businaro reviewed the proposed levy and budget figures. MOTION by Osmek, seconded by Hanus to adopt the following resolution, which reflects a general levy increase of 1.75%. Beise and Skinner made it known that they prefer the 6.3% figure which would represent a balanced budget. The following voted in favor: Hanus, Specht, and Osmek. The following voted against: Beise and Skinner. Motion carried. RESOLUTION NO. 07-104: RESOLUTION APPROVING THE 2008 FINAL GENERAL BUDGET IN THE AMOUNT OF $5,208,816; SETTING THE LEVY AT $4,928,051; AND APPROVING THE FINAL OVERALL BUDGET FOR 2008. MOTION by Osmek, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 07-105: 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 AUTHORITY IN AND FOR THE CITY OF MOUND FOR THE YEAR 2008 10. Approve minutes MOTION by Specht, seconded by Osmek to approve the minutes of the December 3, 2007 Truth In Taxation Hearing. The following voted in favor: Osmek, Specht, Hanus and Beise. The following voted against: None. Skinner abstained because he was not present at the meeting. Motion carried. 11. Miscellaneous/Correspondence A. Comments/reports from Councilmembers: Specht thanked the Laker for running the article the attracted applicants for the Parks, Open Space and Docks Commission. He also wished all a Merry Christmas and Happy Holiday Season. B. Reports: Finance Department -November 2007 C. Correspondence: Gillespie Gazette 12. Adjourn MOTION by Osmek, seconded by Specht to adjourn at 9:01 carried. ! ,. L~LC~ ~ Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk p.m. AI voted in favor. Motion 5