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2008-11-10MOUND CITY COUNCIL MINUTES NOVEMBER 10, 2008 The City Council of the City of Mound, Minnesota, met in regular session on Monday, November 10, 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, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director Carlton Moore, City Engineer Dan Faulkner, Parks Superintendent Jim Fackler, Fire Chief Greg Pederson, Betsy Brady, Allie Brady, Ron Marschke, Kathy Marschke, Ben Stock, Greg Orinstien, Bruce Sohns, Aleda Jacobson, Margorie Stutsman, AI Bauernfeind, Marilyn Stillings, Millie O'Donnell, Cheryl Williams, Heidi Gesch, Kevin Johansen, Steve & Cathy Maser, Jane Kempf, Scott Kempf, Tony & Susan Thill, Clark Peters, Don Peterson, Tibor & Kathy Gallo, Beth Johnson, Dick Wagner, Brian Johnson, Ray Salazar, Chris Carlson, Bill Jacob, Cheryl Martin, Art & Bev Hefte, Nat Kale, 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 Osmek requested that Item 10 be moved to Item 5A. 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 4H for discussion and Skinner requested the removal of 4J. MOTION by Osmek, seconded by Beise to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of the October 28, 2008 regular meeting B. Approve payment of claims in the amount of $421,410.12 C. Approve Pay Request No. 5 from S.M. Hentges & Sons in the amount of $300,906.38 for the 2008 Street Improvement Project, PW-08-01. D. Approve Pay Request No. 6 and Final from Kusske Construction in the amount of $15,968.51 for the 2007 Storm Drainage Improvement project, PW-07-04. E. Approve Pay Request No. 2 from Geislinger & Sons, Inc. in the amount of $70,375.87 for the 2008 Lift Station Improvement Project, PW-08-04 Mound City Council Minutes -November 10, 2008 F. RESOLUTION NO. 08-109: RESOLUTION RECEIVING REPORT AND CALLING PUBLIC HEARING ON 2009 ISLAND VIEW DRIVE/DORCHESTER ROAD STREET IMPROVEMENT, UTILITIES AND RETAINING WALL IMPROVEMENT PROJECT G.Approve temporary sign permit for 2008 Mound Annual Tree Lighting Ceremony H. (removed) I. RESOLUTION NO. 08-110: RESOLUTION APPROVING AFTER-THE-FACT PUBLIC LANDS PERMIT FOR LANDSAPING ON PUBLIC PROPERTY AT 1558 DOVE LANE J. (removed) 4H. Hoisington Koegler Group Inc. contract for services associated with federal lobbying proposal Hanus questioned if some of the services in this contract are duplication of the contract with the lobbyist. Specht arrived at this point in the meeting - 7:39 p.m. MOTION by Osmek, seconded by Specht to table this item to get a more detailed description of the service proposed to be supplied by HKGi. All voted in favor. Motion carried. 4J. Labor agreement between City of Mound and Local Union No. 320 Skinner requested that this item be pulled from the consent agenda because he intends to abstain from any discussion and the vote. MOTION by Osmek, seconded by Beise to approve the Labor Agreement between the City of Mound and Minnesota Teamsters Public and Law Enforcement Employees' Union No. 320 (Public Works Union). The following voted in favor: Osmek, Specht, Hanus and Beise. The following voted against: None. Skinner abstained from voting. Motion carried. 5. Public hearing 2009 Street Improvement. Utilities and Retaining Wall Improvement Project Dan Faulker reviewed the project and gave cost estimates and assessment estimates. Mayor Hanus opened the public hearing at 8:02 p.m. Jane Kempf, 2207 Centerview Lane, asked if the retaining wall can be replaced with the current rock used to keep the greystone affect. Faulkner stated that they are trying to keep a common look throughout the city, but will take a look at the cost and talk to residents before a final decision is made. Greg Orinstien, 5447 Breezy Road, asked if the cost of the retaining walls is divided up among the property owners and Osmek informed him that the retaining walls are bonded for and not assessed. Mound City Council Minutes -November 10, 2008 Cheryl Williams, 2117 Fern Lane, stated she is the pastor at Bethel Church and asked if the angle of the road where the house is will be changed and Carlton Moore stated the angle would remain the same. Faulker will discuss the assessment figures of the church with her after the hearing. AI Bauernfeind, 2149 Centerview ,questioned what was considered a lot as far as assessments go, and Osmek explained that each lot gets one unit assessment and if their lot abuts two streets, they get'/Z a unit assessment for each street. Steve Maser, 5240 Pike Road, asked if the garden hose that's been attached to the fire hydrant to run water into the lake to keep water drinkable, would be gone after the utility improvements. Moore explained that the hydrant and pipes will be replaced. Ruth Peterson, 5429 Spruce Road, asked about how she will be assessed and the policy was explained to her. Chris Carlson, 5551 Spruce Road, stated he recently had a nice skirt put in front of the house but the angle to the street is not correct and Moore stated that when the street grade and curb change the skirt will have to be replaced. Betsy Brady, 2180 Centerview, asked if the alleys are also going to be improved and Osmek stated that Pike is included in the project and Skinner stated that Ashland will probably have overlay because there are no utilities there. Greg Orinstien, 5447 Breezy Rd, asked when they have to disclose the assessment if selling, and Beise stated that upon conclusion of tonight's hearing and adopting the resolution ordering the improvement, it is a pending assessment. Ron Marschke, 2207 Noble Lane, stated that he was told by a previous councilmember that the contractor assessed a fee and that would be spread out to help pay for these roads. He asked where that money is. Beise stated he doesn't recall anything like that. Marschke stated that they were told that the city was holding money to help pay to improve these roads because they were used for construction when the Marketplace was built. Hanus stated he also was unaware of anything like this. Jane Kempf, 2207 Centerview, stated that 30 years ago easements were taken, and asked if there were plans to widen Centerview. Moore stated that there were design discussions regarding Church Street adjacent to the commercial district, but the remainder of residential streets will remain the width they are. Tibor Gallo, 2123 Noble Lane, stated that he's not aware of watermains breaking that often and asked how many breaks there have been. Moore answered that the number of breaks in the general neighborhood is high and that they don't want to put new streets in and then have to dig up the streets to repair the utilities. Most if not all in this neighborhood need new watermain and streets. Gallo also asked the Council to reconsider the interest rate, that 8% was high by current standards. Upon no further comments, Mayor Hanus closed the public hearing at 8:31 p.m. Mound City Council Minutes -November 10, 2008 MOTION by Beise, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 08-111: RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR THE 2009 STREET IMPROVEMENT, UTILITIES AND RETAINING WALL IMPROVEMENT PROJECT 5A. Consideration/action on uncompleted building project at 4945 Glen Elvn Sarah Smith reviewed that at its September 16 meeting, the Council discussed the status of this remodeling project, which started in 1995. At that meeting the Council advised the owner, Brian Johnson, that the exterior work as presented on the timeline, needed to be completed prior to the deadline of the 180-day period as stated in the Code, or the uncompleted project would be brought back to the Council at this meeting. Hanus asked staff's position regarding if Johnson is up to date on what was asked for previously and Smith answered, about 95%. She stated that staff expects completion in Spring. Osmek wants to define another punch list with timelines, but wants also to hear from the neighbors regarding the work done. Johnson stated that he has to side one little alcove and complete the yard clean-up and the pergola at the south end. These things will be done this week. Hanus asked neighbors if they want to comment. Bev Hefte, 4940 Glen Elyn, stated they live across the streets and the project is being worked on, but is concerned about the next step. The soffits need to be completed and part of the new pergola is rotting. Osmek stated that the owner has stated that he will complete these this week. Hefte also stated that there are piles of debris that need to be cleaned and Osmek stated that he also stated that would be taken care of this week (the second week of November). Barb Sampson, neighbor, asked about what the final date will be that he needs to complete the project. Hanus stated he can't answer that right now. Osmek stated that City Staff will work on a punch list from now to January 31. January 31 to May will be the final punch list to allow for exterior finish. Art Hefte asked if the neighbors will be made aware of the timeline and Osmek stated he will bring them a copy. Osmek stated that the consensus and directive to staff is to put together a revised punch list with timeline now to January 31, 2009, then another from January 31 to May. The remaining items not completed from the first punch list of September need to be completed by December 1, 2008. 1 Mound City Council Minutes -November 10, 2008 6. Memo of Understandina with Mound Harbor Renaissance as it relates to publicly issued slips at the Villas on Lost lake Jim Fackler reminded the Council on the Memorandum of Understanding between the City and Mound Harbor Renaissance regarding the 37 docks at Villas of Lost Lake expires at the end of the year and includes a clause regarding public use/availability if the docks are not in use. Chuck Alcon of MHRD and Staff have been in discussions regarding the matter and are recommending an amendment that would provide for 24 slips to remain assigned to the Villas of Lost Lake and 13 to be utilized by the City dock system. Alcon requested that this Memorandum be reviewed yearly. MOTION by Specht, seconded by Osmek to accept this concept and direct staff to draft an amendment to the Memorandum of Understanding with Mound Harbor Renaissance Development, LLC. All voted in favor. Motion carried. 7. Action on resolution to canvas returns and declare the results of the municipal election of November 4, 2008. MOTION by Osmek, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 08-112: RESOLUTION TO CANVASS RETURNS AND DECLARE THE RESULTS OF THE MUNICIPAL ELECTION OF NOVEMBER 4, 2008 8. Discussion on proposed ordinance chances pertaining to docks and slips Fackler stated that when it was decided to do re-codification of the entire City Code it was thought timely to have two separate ordinances governing the slips and docks. Hanus suggested some changes to both drafts. They included: the section on special rule-newly created abutting lots; the penalty and appeal sections (Council to be noted instead of Manager and Dock Administration). MOTION by Hanus, seconded by Specht to make the suggested changes and bring back to the Council for further consideration. All voted in favor. Motion carried. 9. Cooperative Aareement and Maintenance Aareement with Minnehaha Creek Fackler reviewed that on October 28t ,the Council tabled action on the proposed cooperative agreement and maintenance agreement associated with the Centerview Park shoreline alteration project as there were questions regarding the length of term(s) and attachments/exhibits referenced were missing. The length of term on the Cooperative agreement is 5+5 years and the Maintenance agreement is 20 years. The attachment referred to is still not available. Hanus asked if the commitment for maintenance can be made without adding personnel and Fackler stated that it could. Mound City Council Minutes -November 10, 2008 Nat Kale of MCWD stated that he does not yet have the attachment referred to.. MOTION by Hanus, seconded by Skinner to adopt the following resolution subject to Staff review and approval of attachment when received. All voted in favor. Motion carried. RESOLUTION NO. 08-113: RESOLUTION APPROVING COOPERATIVE AGREEMENT AND MAINTENANCE AGREEMENT WITH THE MINNEHAHA CREEK WATERSHED DISTRICT (MCWD) FOR THE LAKE MINNETONKA SHORELINE STABILIZATION PROJECT 10. (moved to 5A) 11. Comments and suapestions from citizens present on anv item not on the a enda. -None were offered. 12. 2009 Budget -Topics for discussion with anv correspondinp action Skinner excused himself from discussion and vote on items listed under 12A. A. Personnel Initiatives with correspondinp action 1. Early Retirement Incentive Plan: MOTION by Beise, seconded by Specht to approve the plan as presented. The following voted in favor: Osmek, Specht, Hanus and Beise. The following voted against: None. Skinner abstained from voting. Motion carried. 2. Voluntary Leave of Absence Plan: Osmek stated he has a problem with the up to one year timeframe, and that we have FMLA that covers leaves pretty well. Beise also expressed concern stating that if the city can get along without someone for five months do we really need them? MOTION by Osmek, seconded by Specht to approve the Voluntary Leave of Absence Plan as submitted. The following voted in favor: Specht. The following voted against: Osmek, Hanus and Beise. Skinner abstained from voting. Motion defeated. 3. Vacation Purchase Plan: MOTION by Osmek, seconded by Specht to approve the Vacation Purchase Plan as presented. The following voted in favor: Osmek, Specht, Hanus and Beise. The following voted against: None. Skinner abstained from voting. Motion carried. Skinner returned to his position on the Council. B. Revenue Related 1. 2009 budget considerations: Pausche handed out a recap of the general fund impact with a list of proposed changes that were discussed. 2. Street Light Replacement Program: Carlton Moore presented a report on the current condition of our streets lights and their need for repair. He stated that there are currently 84 street lights on Co. Rd. 110 and 15 which were installed over 25 year ago and they are deteriorating due to rust and corrosion. He will report back to the Council with options and costs for replacement. MOTION by Osmek, seconded by Specht to increase the street light fee from $2.00 to Mound City Council Minutes -November 10, 2008 $2.50/month contingent upon receipt of a follow up report from Moore on a replacement program and costs. All voted in favor. Motion carried. C. Items that need to be added 1. Goal Setting Retreat: Hanson recommended earmarking $2,000 for a Goal Setting Retreat that will fund a trained facilitator and provide for food and beverage during the course of the day. The retreat is to develop a road map for staff to carry out the work of the Council, which becomes the work plan for the coming year. No action taken to approve this request. 2. Lobbyist and costs related to securing funds: No action taken. 3. Move LMCD Weed Control from General Fund to Dock Fund: Fackler stated that the Lake Minnetonka Association will be at the next council meeting for a presentation on the results from last year's treatment of Phelps Bay.. Another $12,000 is requested for 2009, and Fackler is suggesting that a part of this come from the dock fund and part from the general fund. Osmek suggested a 75/25 split general/dock but later changed his position. Hanus is opposed to any of it going to the docks fund, and feels that this is an LMCD issue and the city shouldn't be paying anything. Skinner feels that the with the budget conditions right now, we shouldn't pay anything for this treatment. MOTION by Beise, seconded by Specht to fund the $12,000 with 75% coming from general fund and 25% from docks fund. The following voted in favor: Beise and Specht. The following voted against: Osmek, Hanus and Skinner. Motion failed. The funding will remain totally coming from the general fund. D. Programs/Line-items to reduce/eliminate 1. Volunteer Recognition Event: No action taken to eliminate/reduce 2. Employee appreciation picnic: No action taken to eliminate/reduce 3. Gillespie endowment: No action taken to eliminate/reduce 4. Tennis Court: Consensus to eliminate this improvement from the 09 budget. E. Discussion of cost reduction initiatives 1. Contract mowing: Consensus is to evaluate this in the Summer of 2009 for possible future action. 2. Cost reduction initiatives: Osmek stated that reduction of one staff member will have to be considered. Skinner stated that with these tough times, the money allocated to the Gillespie Center could be used elsewhere. Beise stated that he isn't against reducing staff if not needed, but won't agree to reduce staff just to keep the Gillespie money in the budget. Specht stated that the Gillespie money was approve contingent upon the other cities approving it and they haven't so it stays in the general fund. Osmek stated that with what was discussed tonight, the fund balance would be 20.76%, carrying a $236,000 deficit. He also stated that we always have 35-40% fund balance after the audit. Council penciled in December 16, 2008 at 7:30 p.m. for a special budget meeting. Mound City Council Minutes -November 10, 2008 13. Miscellaneous/Correspondence A. Comments/reports from Councilmembers: Specht commended City staff for work don on the Veterans Memorial Dedication on November 8. B. Reports: Engineering Project Status Report Harbor Wine & Spirits -October 2008: Osmek brought attention to the profits of the liquor store in October. County Auditor's Report -October 2008 C. Minutes: POSDA -October 3, 2008 Planning Commission -October 13, 2008 D. Correspondence: Notice from Xcel Energy on rates Notice from Metropolitan Council on 2008 housing Performance Score Gillespie Center newsletter 14. Adiourn MOTION by Osmek, seconded by Specht to adjourn at 11:33 p.m. All voted in favor. Motion carried. ~~~~ Attest: Bonnie Ritter, City Clerk 7~.Q- Mayor Mark Hanus i! 1 1