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2008-11-25MOUND CITY COUNCIL MINUTES NOVEMBER 25, 2008 The City Council of the City of Mound, Minnesota, met in regular session on Tuesday, November 25, 2008, at 7:30 p.m. in the council chambers of city hall. Members present: Mayor Mark Hanus; Councilmembers Mike Specht, John Beise and Greg Skinner Members absent: Councilmember David Osmek Others present: City Attorney John Dean, City Manager Kandis Hanson, Community Development Director Sarah Smith, Vicki Weber, City Planner Rita Trapp, Finance Director Catherine Pausche, Public Works Director Carlton Moore, Carol Hammer, 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 Staff requested that Item 4C be removed from the agenda entirely. Hanus requested that Item 6B be placed on the consent agenda as Item 4M, and add Item 6.1 -Early Retirement Plan Addendum. Skinner requested that item 4F be removed from the consent agenda and Hanus noted that removal of Item 4D for discussion, was requested. MOTION by Beise, seconded by Specht to approve the amended agenda. All voted in favor. Motion carried. 4. Consent agenda MOTION by Specht, seconded by Beise to approve Items 4A, B, E, and G through M. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of November 10, 2008 regular meeting B. Approve payment of claims in the amount of $798,743.58. C. (removed from agenda) D. (removed) E. RESOLUTION NO. 08-114: RESOLUTION APPROVING 1-YEAR EXTENSION FOR CITY APPROVALS FOR WOODLYN RIDGE RESIDENTIAL DEVELOPMENT AT 6301 LYNWOOD BOULEVARD F. (removed) G. ORDINANCE NO. 12-2008: AN ORDINANCE AMENDING CHAPTER 437 OF THE CITY CODE AS IT RELATES TO THE DOCK AND SLIPS LICENSES Mound City Council Minutes -November 25, 2008 H. ORDINANCE NO. 13-2008: AN ORDINANCE TO ADD SECTION 438 -DOCK LICENSING, TO THE MOUND CITY CODE I. ORDINANCE NO. 14-2008: AN ORDINANCE TO ADD SECTION 439 -SLIP LICENSING, TO THE MOUND CITY CODE J. RESOLUTION NO. 08-115: RESOLUTION APPROVING SUPPLEMENT TO MEMORANDUM OF UNDERSTANDING K. Approve special meeting for Tuesday, Dec. 16, 2008 at 7:30 p.m. L. Approve cancellation of regular meeting of December 23, 2008. M. RESOLUTION NO. 08-116: RESOLUTION APPROVING A VARIANCE FOR THE PROPERTY LOCATED AT 4840 BEDFORD ROAD. P8~Z CASE #08-16. PID #24-117-24-41-0063. 4D. Consent and waiver for abatement at 5139 Waterbury Road Sarah Smith gave the history on this item and requested an addition to the proposed ordinance that was included in the agenda packet. MOTION by Specht, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION N0.08-117: RESOLUTION APPROVING CONSENT AND WAIVER AGREEMENT FOR ABATEMENT OF HAZARDOUS CONDITIONS - 5139 WATERBURY ROAD 4F. Public lands permit for PID 14-117-24-31-0014 -Carol Hammer Skinner stated that he is opposed to approving this request to plant a garden on PID 14- 117-24-231-0014, property near Hillcrest Road and Diamond Lane. In the past, planting of gardens of this type on public property have created drainage issues and neighborhood issues. Beise stated that the Parks and Open Space Commission determined that this would be a good use for this space and would not create a disturbance to the area. Hanus stated that if this were just clean-up he would look at differently, but with the proposed vegetables he is concerned that this would open the door for others to come and want to plant gardens on city property. The applicant appeared before the council to describe the proposed project. She stated that if vegetables are the concern to let her know because this won't be anything major and she has received approval from the adjacent property owners. Specht noted that the City Engineering Staff expressed concern over water flow/runoff and recommended denial of the request. MOTION by Beise, seconded by Specht to approve the request. The following voted in favor: Beise and Specht. The following voted against: Skinner and Hanus. Motion failed. 5. Comments and suggestions from citizens present on anv item not on the a enda. None were offered. Mound Ciry Council Minutes -November 25, 2008 6. Planning Commission Recommendation A. Planning Case No. 08-15 -Variance for new house at 2933 Cambridge Lane Rita Trapp reviewed the request to construct a home, garage and deck on the property. There is currently no home on the property as the previous home has been demolished. The Planning Commission and city staff recommend denial of the variance because there were no exceptional or extraordinary circumstances that applied to this property that do not generally apply to other properties in the area. It was felt that there is no hardship shown. Kester Batchelor, owner, stated that his father, an architect, designed the house for him, stating that the aim is to improve the visual appeal while attempting to open up the local area providing a larger more welcoming area of soft cover and mirroring the neighboring property. Hanus asked why they can't put the proposed structure on the lot without the need for variances and the owner stated that would dictate that they construct retaining walls and they are also trying to make best use of the lot. MOTION by Beise, seconded by Specht to direct staff to prepare a resolution of approval for consideration at a future meeting with a provision that the garage structure have no more than one story, among other findings mentioned at this meeting. The following voted in favor: Specht, Hanus and Beise. The following voted against: Skinner. Motion carried. 6.1. 2008 Voluntary Early Retirement Incentive Plan (Phase II1 Addendum Kandis Hanson stated that Skinner requested that this item not be placed on the consent agenda because he wishes to abstain from voting on this matter as it may pertain to him. MOTION by Beise, seconded by Specht to adopt the following resolution along with the sample form presented. The following voted in favor: Specht, Hanus and Beise. The following voted against: None. Skinner abstained from voting. Motion carried. RESOLUTION NO. 08-118: RESOLUTION TO APPROVE AN ADDENDUM TO THE VOLUNTARY EARLY RETIREMENT INCENTIVE PLAN (PHASE II) FOR CITY OF MOUND EMPLOYEES 7. 2009 Budget A. Fund balance overview -presented by Pausche. B. Outstanding obligations/financial considerations 1. Deck 1 -Carlton Moore stated that the Deck 1 shortfall includes $150,000 of unanticipated soils and remediation. Staff are continuing discussions with the MPCA and Petrofund to pursue additional funding. 2. Dump Bond Refinancing -Pausche reviewed 3. Municipal State Aid for Streets -Pausche reviewed 4. Fire Department Cost Savings Initiatives -Chief Pederson presented some cost savings initiatives including: staff levels, apparatus utilization plan, and other cost saving concepts; Apparatus Replacement Program; and future of Minnetrista fire station. Mound City Council Minutes -November 25, 2008 6. Minnetrista and Mound satellite station commitment -Chief Pederson updated the Council on these proposed projects 7. Security cameras at Zero Gravity Skate Park -Fackler informed the Council that the Parks, Open Space and Docks Commission recommends approval of up to $5,000 from park dedication for security cameras at the skate park. Hanus stated he would like to make sure that this is monitored aggressively and not be used only reactively. MOTION by Beise, seconded by Skinner to approve expenditure of up to $5,000 from park dedication funds for security cameras at Zero Gravity Skate Park with the provision that no monies are spent until a plan is approved on how this system will be used. All voted in favor. Motion carried. 8. $12,000 2009 expenditure for aquatic invasive species control -Dick Osgood from the Lake Minnetonka Association updated the Council on the project and the evaluation of last year's treatment. Hanus stated that he feels eventually funding for projects like this should come from the LMCD and not individual cities. Osgood suggested that Mound have their LMCD rep bring that message to their upcoming meetings. MOTION by Specht, seconded by Hanus to table any action on this item. All voted in favor. Motion carried. Discussion continued about the proposed budget and Pausche stated that she will bring forward to the next meeting a proposed budget with a 3.9% levy increase, a 96.25% capture rate, and without $54,000 because of the sunset of one of the franchise fees. Beise asked that a summary sheet with a 95.875% capture rate to be brought to the next meeting for comparison. 8. Miscellaneous/Correspondence A. Comments/reports from Councilmembers B. Reports: Finance Dept -October 2008 Fire Commission -November 19, 2008 City Clerk on Recount for U.S. Senator C. Minutes: Parks, Open Space & Docks Commission -November 13, 2008 D. Correspondence: Congrats to 2008 MnAPA Award: Kandis brought attention to this award for the Transit Center. CenterPoint Energy letter on rates LMCC calendar 9. Adiourn MOTION by Specht, seconded by Beise to adjourn at 10:13 p.m. All voted in favor. Motion carried. Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk 1 a