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2008-04-22MOUND CITY COUNCIL MINUTES APRIL 22, 2008 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 22, 2008, 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. Members absent: None. Others present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Public Works Director Carlton Moore, Bill Baker, Randy Lee, Darlene Lehtola, Evert Lehtola, Sid Blanchard, Jim Bedell, Jim Powers, Tom Ptacek, Bill & Dorothy Netka, Amy Lyon, Amanda Schwarze, Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. 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 Hanson requested the addition of Item 40, Resolution Appointing James Kurtz as Acting City Manager for the remainder of 2008, and Item 4P, Resolution Approving Second Amendment and Extension to Livable Communities Grant. MOTION by Osmek, seconded by Beise to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda Hanus requested the removal of Item 4K 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. Approve minutes of April 8, 2008 B. Approve payment of claims in the amount of $439,630.89 C. RESOLUTION NO. 08-36: RESOLUTION APPROVING A PREMISES PERMIT RENEWAL APPLICATION FOR THE VFW POST #5113 D. RESOLUTION NO. 08-37: RESOLUTION APPROVING A PREMISES PERMIT RENEWAL APPLICATION FOR THE AMERICAN LEGION POST 398 E. Approve Dock location Map Change at Excelsior Commons and Crescent Park as outlined in memo of April 1, 2008. F. Approve Independent Water Meter Reading Agreement between the City of Mound and the City of St. Bonifacius Mound City Council Minutes -April 22, 2008 ' G. Approve Change Order No. 2 for G.L. Contracting, Inc. for Auditor s Road Utilities Reconstruction -Project PW-05-07 H. RESOLUTION NO. 08-38: RESOLUTION ACCEPTING BID FOR THE 2008 STREET IMPROVEMENT, UTILITIES AND RETAINING WALL IMPROVEMENT PROJECT I. RESOLUTION NO. 08-39: RESOLUTION ACCEPTING BID FOR AUDITOR'S ROAD EXTENSION TO CSAH 15 (PROJECT NO. PW-08-06) J. RESOLUTION NO. 08-40: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR THE 2008 LIFT STATION IMPROVEMENTS K. (removed) L. RESOLUTION NO. 08-41: RESOLUTION TO APPROVE LAKESHORE SETBACK VARIANCE FOR LAKESIDE DECK AT 5075 WINDSOR ROAD. PID NO. 25-117-24- 12-0239 M. ORDINANCE NO. 05-2008: AN ORDINANCE AMENDING SECTION 1005 OF THE MOUND CITY CODE AS IT RELATES TO HAZARDOUS BUILDINGS- SUBSTANDARD BUILDINGS N. RESOLUTION NO. 08-42: RESOLUTION AMENDING THE RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $2,725,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2007A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF O. RESOLUTION NO. 08-43: RESOLUTION APPOINTING JAMES KURTZ, POLICE CHIEF, AS ACTING CITY MANAGER FOR THE REMAINDER OF 2008 P. RESOLUTION NO. 08-44: RESOLUTION APPROVING SECOND AMENDMENT AND EXTENSION OF METROPOLITAN LIVABLE COMMUNITIES ACT LIVABLE COMMUNITIES DEMONSTRATION ACCOUNT DEVELOPMENT GRANT PROGRAM GRANT AGREEMENT 4K. Action on Resolution Approving a Variance for an Upaer Floor House Addition at 3145 Island View Drive This variance request is to allow remodel and construction of an upper floor addition on the east side of the existing home at 3145 Island View Drive, which includes a small balcony on the east side which extends 18 inches beyond the proposed east wall of the addition. The Planning Commission recommended approval of the variance but included a provision that the 18" balcony be modified to conform with district regulations and not expand the nonconformity condition. Hanus feels that this small 18" balcony qualifies as an ornamental feature under City Code Chapter 350.440 and is an allowable encroachment. It was recommended that the proposed resolution be modified to delete 1(c) and add a provision allowing the 18" balcony as it qualifies until Chapter 350.440. MOTION by Osmek, seconded by Specht to adopt the following resolution as amended. The following voted in favor: Osmek, Specht, Hanus and Beise. The following voted against: Skinner. Motion carried. RESOLUTION NO. 08-45: RESOLUTION TO APPROVE AFRONT/CORNER SETBACK VARIANCE FOR UPPER FLOOR ADDITION AT 3145 ISLAND VIEW DRIVE. PID #19-117- 23-24-0103. Mound City Council Minutes -April 22, 2008 5. Comments and suggestions from citizens present on any item not on the agenda. Jim Bedell, 2627 Wilshire Blvd., stated that he is concerned with the City Council purchase of land for a Public Works Facility. He stated that the city should cut the budget by 12% annually to match the lowering of property values in the city. Bill Baker, 4948 Wilshire Blvd., addressed the Council regarding a problem in his neighborhood with garbage cans lying at the end of driveways, along with flowerpots, unsightly woodpiles, and junk all over the yards. He stated that soon he'll have to deal with calling the city to report grass that's more than 12" tall, as he has for the past 3 years. He has reported it to the CSO who states he can't do anything because he can't see it, or it's on a county road. He also complained about a pothole on 125 that throws cars when they hit it. Hanson told him that she would have this all looked into. Baker stated that his taxes have gone up dramatically and he is receiving bad service from the City. 6. Action on Resolution Calling for Sale of Bonds for the 2008 Projects MOTION by Specht, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 08-46: RESOLUTION PROVIDING FOR THE SALE OF $1,675,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2008B, $1,885,000 GENERAL OBLIGATION UTILITY REVENUE BONDS, SERIES 2008C 7. Discussion/action on generator at pump house at Well No. 8 Pursuant to direction by the Council at the last meeting, Carlton Moore presented options regarding the use of the diesel generator at well pump house #8 on Evergreen Road. MOTION by Osmek, seconded by Specht to stay on the Xcel program, which saves the city an estimated $1,225.50 annually, and not run the generator during peak times. It was noted that Well #3 can maintain the system for these typically short periods during high demand. All voted in favor. Motion carried. 8. Discussion/action on possible purchase of land for the Public Works Facility Hanus stated that he has been opposed to this project from the beginning and now it has three strikes against it, with the three possible sites being shot down. The Council appropriated $25,000 to do site searches. He has an alternative that's not perfect, but workable, at about 1/3 of the cost of what is currently being proposed. From now on he intends to be more vocal with his opinion and stated that people in this town don't support this project. Beise stated he was surprised that the committee, of which he is a member, hasn't seen Hanus' proposal that can be done at 1/3 the cost, and requested that they see it. Osmek stated that he feels some members of the Council are trying to ram this project down taxpayers' throats. Bill Baker, 4948 Wilshire Blvd., spoke in opposition to the proposed Public Works Facility. MOTION by Beise, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. Mound City Council Minutes -April 22, 2008 RESOLUTION NO. 08-47: RESOLUTION RESCINDING OFFER TO PURCHASE REAL PROPERTY LOCATED AT 1765 COUNTY ROAD 110 NORTH, MINNETRISTA, MINNESOTA AND TERMINATING AND CANCELLING PURCHASE AGREEMENT MOTION by Specht, seconded by Beise to set a special meeting workshop for May 6, 2008 at 7:00 p.m. for discussion/consideration of the Public Works Facility. All voted in favor. Motion carried. 9. Miscellaneous/Correspondence A. Comments/reports from Councilmembers B. Reports: Finance Department -March 2007 C. Minutes: none D. Correspondence: none 10. Adiourn MOTION by Osmek, seconded by Specht to adjourn at 8:50 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk ~____ Mayor Mark Hanus C 1