2008-09-16MOUND CITY COUNCIL MINUTES
SEPTEMBER 16, 2008
The City Council of the City of Mound, Minnesota, met in regular session on Tuesday,
September 16, 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
Others present: City Attorney John Dean, Acting City Manager Jim Kurtz ,City Clerk
Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director
Carlton Moore, City Engineer Dan Faulkner, Heidi Gesch, Skip Johnson, Vince Forystek,
Public Works members of Local 320, Mike O'Donnell, Bilt & Dee Carroty, Jon Dillon,
Darcy Simone, Brian Johnson, Steve & Barb Sampson, Jim Erickson, Brad Etherington,
John Dillon, Bruce Kimmell
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 remove 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
Hanus suggest moving Item 10 to 5A.
MOTION by Specht, seconded by Beise to approve the agenda as amended. All voted in
favor. Motion carried.
4. Consent agenda
Hanus requested the removal if Item 41 for discussion.
MOTION by Osmek, seconded by Beise to approve the consent agenda as amended.
All voted in favor. Motion carried.
A. Approve minutes of August 26, 2008
B. Approve payment of claims in the amount of $555,933.38
C. Approve changing date of November 11, 2008 regular Council meeting to
Monday, November 10, 2008 due to Veterans Day
D. Approve Pay Request No. 3 from Widner Construction, LLC in the amount of
$27,405.54 for Sinclair 7 Baywood Shore Lift Station Improvements
E. Approve Pay Request No. 3 from S.M. Hentges & Sons in the amount of
$522,496.56 for the 2008 Street Improvement Project
F. Approve Pay Request No. 13 from Graham Construction Services, in the amount
of $6,323.89 for the Mound Transit Center
G. Approve Pay Request No. 1 from Kober Excavating in the amount of $86,505.89
for the Wilshire Forcemain & Watermain Improvement Project
Mound City Council Minutes -September 16, 2008
H. RESOLUTION NO. 08-89: RESOLUTION ACCEPTING DONATION FROM
THE ROTARY CLUB
I. (removed)
J. RESOLUTION NO. 08-90: RESOLUTION AUTHORIZING SUBMITTAL OF
2008 GRANT APPLICATION FOR RECYCLING AND EXECUTION OF GRANT
AGREEMENT
K. RESOLUTION NO. 08-91: RESOLUTION AUTHORIZING SUBMITTAL OF
LETTER REQUESTING EXTENSION TO TRANSIT ORIENTED
DEVELOPMENT (TOD) GRANT FROM HENNEPIN COUNTY FOR TRANSIT
DISTRICT PARK AND RIDE AND PEDESTRIAN IMPROVEMENTS
L. Approve Labor Agreement between the City of Mound and Law Enforcement
Labor Services, Inc. (Local No. 266) Effective January 1, 2008 through
December 31, 2009
41. Approve permits for American Lesion October Fest -September 20, 2008
Hanus requested the removal of this item from the consent agenda to note that the
permit fees are being waived for this event. All proceeds will be going to the Veterans
Memorial Fund.
MOTION by Osmek, seconded by Hanus to approve the Temporary On-Sale Liquor
License and Public Dance/Live Music permit for the American Legion for their October
Fest celebration to be held September 20, 2008. All voted in favor. Motion carried.
5. Comments and suggestions from citizens present on any item not on the
agenda.
Michael O'Donnell, Rep for Union 320, stated that members of the union are present in
an attempt to be proactive to the 2009 budget issues. They would like to be part of
giving ideas to reduce the city's shortage in order to postpone or eliminate any employee
layoffs. Some of these ideas include going to a 4-day work week, delaying some
equipment purchases, turning down heat, using less wattage light bulbs, etc. He
questioned that if layoffs occur, how the service level will be maintained.
Hanus stated that he appreciates the union's offer and suggested that he contact the
City Manager and meet regarding these ideas.
Skip Johnson, 3018 Island View Drive, stated that in the council agenda packet it stated
that Island View Drive was built in 1964. He wanted to note that the south end was built
in 1940. He then invited the public to participate in the golf event being sponsored by
the Gillespie Center on September 22.
Vince Forystek, 3131 Inverness Lane, expressed frustration over the proposed rental
ordinance, stating it is being railroaded through as a revenue stream for the City. Hanus
stated that it is not intended as a revenue stream. Forystek stated that the city needs to
enforce the laws they have, not enact new ones. Beise stated that time has been spent
identifying the need for a rental ordinance and that it is by no means completed. It
hasn't even been to the Council for review.
Mound City Council Minutes -September 16, 2008
5A. Discussion/Action regardina uncompleted building proiect at 4945 Glen Elyn
Sarah Smith presented the background of the uncompleted building permit particulars,
stating that the property includes asingle-family dwelling that is subject of a long-
standing remodel/addition project started in 1995 that has not been completed. More
specifically, portions of the building exterior remain undone which is in violation of the
City Code and bothersome to the neighborhood due to visual impacts. She stated that
the city stepped up efforts in spring 2006 in order to advance the project and work on the
project has taken place but often at a slow pace, being done by the owner. Following a
meeting last April, the owner requested to submit a final proposal for completion and
was advised that failure to complete the project will result in the matter being forwarded
to the City Council or City Attorney to compel compliance with the City Code.
Improvements since last April include window construction and installation, sheathing
installation and siding on portions of the building. The current building permit is
scheduled to expire the first week of November 2008 unless an inspection is done. The
nuisance ordinance requires completion of building exteriors within 180 days of permit
issuance.
Owner, Brian Johnson, stated that when he made the agreement last April, he assumed
he would have the exterior finished and have the ability to purchase the needed windows
to do this. He is stretched thin financially and can't pay for the $7,000-$10,000 windows
at this time. He's been working there daily on what he can and making progress. He
was under the impression that he had two months before his permit expires. He will be
getting an electrical inspection next week so his permit won't expire. He presented to
the Council, a list of tasks and timelines that will be followed for completion of the
project.
Hanus noted that the soffit completion is part of completion of enclosure according to our
code. Osmek stated that the completion of soffits needed to be added to the presented
timeline.
Neighbors Bev Hefte, Art Hefte, Barb Sampson, Steve Sampson, John Dillon, Brad
Etherington and Bill Carol addressed the Council with their frustrations regarding the
length of this project and desire to have it completed.
Hanus asked what tools the Council has available, and John Dean stated that there are
remedies available, but not until the expiration of the 180 day provision. Then it falls
until violation of the nuisance code. If this occurs there are a number of remedies,
including violation of the International Property Maintenance Code and the City's
nuisance ordinance which is a misdemeanor and charges can be filed. Each day of
violation is considered a new violation. There is also abatement action that can be
pursued.
Osmek stated that there is no action that can be taken until after November 4th. John
Dean will be prepared to suggest action at the November 10th Council meeting if the
tasks and timelines presented are not met and violations occur.
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Mound City Council Minutes -September 16, 2008
6. Ehlers 8~ Associates on bond sale
Bruce Kimmell of Ehlers & Associates presented the results of the $160,000 equipment
certificate bond sale. Low bidder is Klein Bank of Chaska with a true interest cost of
4.2524%.
MOTION by Osmek, seconded by Specht to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 08-92: RESOLUTION AWARDING THE SALE OF $160,000
GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2008D, AND
LEVYING A TAX FOR THE PAYMENT THEREOF
7. 2009 Street Improvement Project
Dan Faulkner of Bolton & Menk, reviewed the streets proposed to be included in the
2009 street project.
MOTION by Osmek, seconded by Specht to adopt the following resolution and to
commence with the necessary survey work. All voted in favor. Motion carried.
RESOLUTION NO. 08-93: RESOLUTION ORDERING PREPARATION OF REPORT
FOR THE 2009 STREET IMPROVEMENT, UTILITIES AND RETAINING WALL
IMPROVEMENTS
8. Island View Drive
Faulkner reviewed the condition of Island View Drive, stating that a Report of Pavement
Testing, Engineering Analysis and Review was recently completed and states the
replacement options for Island View Drive with either concrete or bituminous. Staff is
requesting the Council to authorize them to conduct an informational meeting with all
affected residents invited to explain the findings of the report and develop a consensus
on the desired improvement option. Osmek noted that Dorchester should be added to
the project because serves as access to Island View.
MOTION by Osmek, seconded by Specht to authorize staff to conduct a public
information meeting with residents affected by the proposed improvement of Island View
Drive and Dorchester, and also to authorize staff to proceed with the topographic survey
work necessary for the design of this project. All voted in favor. Motion carried.
9. 2008 Storm Drainage Improvements
Faulkner reviewed the proposed project stating that funding for this project comes from
the storm sewer fund.
MOTION by Specht, seconded by Osmek to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 08-94: RESOLUTION ACCEPTING FEASIBILITY STUDY AND
ORDERING ADVERTISEMENT FOR BIDS FOR 2008 STORM DRAINAGE
IMPROVEMENTS.
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10. (moved to 5A)
Mound City Council Minutes -September 16, 2008
11. Consideration/Action on Three Rivers Park District Regional Trail Svstem
Hanus stated that the issue is if cities want to keep the Dakota Trail open in the winter
they must maintain, police and get applicable insurance. Three Rivers is saying that if
the cities don't authorize winter activity, the trail will be posted Closed by order of your
city council. He noted that the City of Spring Park voted not to maintain the trail during
the winter, and the City of Minnetrista took no formal action. John Dean indicated that if
the City doesn't do anything, the City is not liable. Staff was directed that if asked, to
state that the Mound City Council took no action on this matter.
12. Miscellaneous/Correspondence
A. Comments/reports from Councilmembers -Specht asked staff to check out the
boat launch at Mound Bay Park after receiving a call that there was a large hole
in the launch. Moore will have this investigated.
B. Reports: Finance Department -August 2008
Harbor Wine & Spirits -August 2008
Minnesota Chapter of MN Planning Assoc. Merit Award for Transit
Deck
Bolton & Menk, Inc. Engineering Project Status
C. Correspondnece: Gillespie Gazette
13. Adjourn
MOTION by Osmek, seconded by Specht to adjourn at 10:10 p.m
Motion carried.
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Attest: Bonnie Ritter, City Clerk
All voted in favor.
Mayor Mark Hanus