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2009-10-27MOUND CITY COUNCIL MINUTES OCTOBER 27, 2009 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 27, 2009 at 7:30 p.m. in the council chambers of city hall. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, Heidi Gesch, and Greg Skinner Others present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Parks Superintendent Jim Fackler, Finance Director Catherine Pausche, Public Works Director Carlton Moore, Ken Naset, Mindy Anderson, Donna Smith, Anna Weber, April Frady, Ethan Samuelson, Dan Scherven, Robin Shaughnessy, Greg - Schneider, Harold Pellett, Ben Withhart, Brandi Johnson, Jeffrey Schermerhorn, Helen Hanus, Travis Jorgensen, Jessica Durn, Tara Davis, Michelle Loma, Ryan Herlache, Chris Loder, Sarah Locken, Lauren Palm, Forrest Roberts, Sam Strother, Pat Henning Strother, Breana Lebowsky, Barbara Calhoun, Roger Iverson, Jack Evans, Janet Leprosky, Shannon Duffy, Kelly Beeman, Joseph Ludwig, Monica Kahmeyer 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 it will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Mayor Hanus called the meeting to order at 7:34 p.m. 2. Pledge of Allegiance Mayor Hanus recognized the students in the audience and Anna Weber came forward to explain that they are required to attend Council meetings for their high school government class. 3. Approve agenda Osmek requested that Item 9 be considered after the consent agenda. MOTION by Osmek, seconded by Salazar to approve the agenda as amended. All vote in favor. Motion carried. 4. Consent agenda Skinner requested the removal of Item 4D for discussion. MOTION by Osmek, seconded by Gesch to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $1,206,846.51. B. RESOLUTION NO. 09 -83: RESOLUTION TO RECOGNIZE THE NATIONAL ACHIEVEMENT OF KADE RETTERATH Mound City Council Minutes — October 27, 2009 C. Approve Pay Request No. 7 from S.M. Hentges & Sons in the amount of $249,923.96 for work completed on the 2008 Street Improvement Project, PW- 08 -01. D. (removed) 4D. Public Lands Permit for 4528 Aberdeen Road Skinner stated he does not agree with approval of this request to place an invisible fence in an unimproved street right -of -way. Osmek stated that this street will never be improved and there are no utilities there, so he is all right with the request. MOTION by Osmek, seconded by Salazar to adopt the following resolution. The following voted in favor: Osmek, Salazar, Hanus and Gesch. The following voted against: Skinner. Motion carried. RESOLUTION NO. 09 -84: RESOLUTION APPROVING PUBLIC LANDS PERMIT FOR 4528 ABERDEEN ROAD 9. Gillespie Center Agreement Donna Smith, representing the Gillespie Center Board, read a letter that was sent to the Council from Harold Pellett, Co- President. This letter requested the city to enter into a two -year agreement to contribute to their endowment fund. Hanus stated that he is fiscally conservative, but doesn't automatically say no to requests like this. He thinks it would be shortsighted not to recognize the benefit that the Gillespie Center gives to the City.' He also highlighted that the Center is required by the agreement to make a minimum contribution to its endowment fund of an amount equal to 115% of the total of all the city contributions made by all of the participating cities, as defined in the agreement. Salazar asked what is being done to increase the membership dues income. Pellett reviewed the membership numbers and stated that the Center doesn't require someone to be member to take part in the activities at the Center. Salazar asked why Minnetrista is not participating and Osmek answered that at this time they have chosen not to participate. Salazar then asked if the City will participate after the two -year agreement is expired and Hanus stated that will be the decision of the Council in place at that time. Salazar asked where the Center needs to be financially to be self - supporting and Osmek stated that when their endowment reaches $3 million they can sustain operations by using interest only and not have to use the endowment principal. Skinner stated that the timing of this request is not good and there are other civic organizations in bad shape. This is not an essential expenditure and he feels the taxpayers are paying the lion's share when only 3% of the population are members. MOTION by Osmek, seconded by Hanus to approve the Agreement for Provision of Community Services and Recreational Facilities as amended. The following voted in Mound City Council Minutes — October 27, 2009 favor: Osmek, Salazar, Hanus and Gesch. The following voted against: Skinner. Motion carried. 5. Public hearing — Recodification of Zoning Code Sarah Smith reviewed the recodification process and stated that the Planning Commission has reviewed the Zoning portion. A public hearing must be held on the zoning portion of the recodification before approval. Mayor Hanus opened the public hearing at 8:38 p.m. and upon hearing no comment, closed the public hearing. MOTION by Osmek, seconded by Gesch to adopt the following ordinance. All voted in favor. Motion carried. ORDINANCE NO. 07 -2009: AN ORDINANCE REPEALING CHAPTERS 1 THROUGH 12 OF THE MOUND CITY CODE AND ADOPTING NEW CHAPTERS 1 THROUGH 129 OF THE MOUND CITY CODE (RECODIFICATION) MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 09 -85: RESOLUTION AUTHORIZING PUBLICATION OF ORDINANCE NO. 07 -2009 BY TITLE AND SUMMARY. 6. Amended and Restated Tax Increment Pledge Agreement between the City and HRA Pausche requested action to amends and restates the tax increment pledge agreement between the City and HRA. MOTION by Osmek, seconded by Salazar to approve the Amended and Restated Tax Increment Pledge Agreement by and between the City of Mound and Housing and Redevelopment Authority in and for the City of Mound. All voted in favor. Motion carried. 7. Request to authorize internal loan in connection with tax increment bonds secured by tax increments derived from the Mound Harbor Tax Increment Financing District MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 09 -86: RESOLUTION AUTHORIZING INTERNAL LOAN IN CONNECTION WITH TAX INCREMENT BONDS SECURED BY TAX INCREMENT DERIVED FROM THE MOUND HARBOR TAX INCREMENT FINANCING DISTRICT MOTION by Osmek, seconded by Salazar to reconsider approval of the agenda. All voted in favor. Motion carried. D Mound City Council Minutes - October 27, 2009 MOTION by Osmek, seconded by Salazar to insert "Comments and Suggestions from any citizens present on any item not on the agenda" as Item 9A. All voted in favor. Motion carried. 8 Sale of General Obligation Tax Increment Re funding Bonds, Series 2009D, in the amount of $4,020,000. Mark Ruff of Ehlers & Associates reported on the sale of bonds that took place earlier today. Low bid was received from Robert W. Baird & Co. with a true interest rate of 3.8924 %. The Standard & Poors bond rating for the City is noted at "AK. MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 09 -87: A RESOLUTION AWARDING THE SALE OF GENERAL OBLIGATION TAX INCREMENT REFUNDING BONDS, SERIES 2009D, IN THE AGGREGATE PRICIPAL AMOUNT OF $4,020,000; FIXING THEIR FORM AND SPECIFICATIONS; DIRECTING THEIR EXECUTION AND DELIVERY; AND PROVIDING FOR THEIR PAYMENT 9. (moved and considered after Item 4D.) 9A. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 10. CSAH 15/110 Street Lighting Replacement Proiect Moore reviewed the application and receipt of stimulus funds for the replacement of the old City -owned street lights along County Roads 15 and 110. He requested the Council to approve the plans and specs and authorize advertisement for bids. This project needs to be awarded by mid - January with work to start early Spring of 2010. The City's cost share will be focused on the cost for the consultant. MOTION by Salazar, seconded by Gesch to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 09 -88: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR CSAH 15/110 STREET LIGHTING REPLACEMENT PROJECT 11. Public Lands Permit for 2911 Cambridge Lane (Discussion of this Item also included concurrent discussion of Item No. 12(A) below for zero (0) foot rear setback variance application) Sarah Smith provided the background of the Public Lands Permit application materials from Robin Shaughnessy, 2911 Cambridge Lane, to construct a new deck/steps, a portion of which will be located in Wychwood Commons. A deck is currently located on the property in the general vicinity of the new structure, a portion was removed in 2008 to allow for foundation repair for the house, and it is proposed to be modified and expanded. A variance for the subject project has also been requested. Smith explained that the majority of the new deck structure meets the 50 -FT lakeshore setback from the Mound City Council Minutes — October 27, 2009 929.4 OHW as a portion of the deck qualifies as a water oriented structure which allows for a reduced setback setback of 10 -FT from the OHW based on Staff's review. Staff recommended approval of the requested application to the Docks and Commons Commission (DCC) subject to conditions. However, due to an unexpected lack of quorum at the October 15, 2009 DCC meeting, the application was forwarded to the City Council without a recommendation. (Discussion on Item 11 continues below under Item 12A) 12. Planning Commission Recommendations A. Planning Case No. 09 -10 — Variance at 2911 Cambridge Lane Smith explained the variance application from Robin Shaughnessy that included a request to allow a zero (0) FT setback for a new deck/stairs to be constructed on the rear /west/lakeside of the property at 2911 Cambridge Lane. As previously mentioned, the subject project also requires Public Lands Permit approval. Staff recommended approval of the requested variance application subject to conditions that included findings as contained in the Planning Report. The application was reviewed by the Planning Commission at its October 20, 2009 meeting but was recommended for denial due to concerns about the nonconforming house and deck/expansion and whether the deck was approved or permitted. Staff further noted that the Planning Commission mentioned that review of the Public Lands Permit by the DCC would have been helpful and that she was the principal writer of both reports but regretfully was not present at the 10/20 Planning Commission meeting to present the report due to illness. Smith commented that a resolution(s) was not prepared due to differing recommendations. MOTION by Osmek, seconded by Salazar to direct staff to prepare a resolution approving the Public Lands Permit application based on staff recommendations. The following voted in favor: Hanus, Osmek, Salazar and Gesch. The following voted against: Skinner. Motion carried. MOTION by Osmek, seconded by Salazar to direct staff to prepare a resolution approving the variance application based on staff recommendation. The following voted in favor: Hanus, Osmek, Salazar and Gesch. The following voted against: Skinner. Motion carried. Staff commented that the resolutions would be placed on the next meeting's agenda for action. Councilmember Skinner left the meeting at this point (9:35 p.m.). B. Planning Case No. 09 -15 — Variance at 2128 Centerview Lane Staff presented the variance application from Rex and Nancy Lindgren for the property at 2128 Centerview Drive to allow a front setback of 24.8 FT for a bumpout/addition on the front side of the house that is part of a construction project currently underway. Staff noted that a building permit was issued for the garage attachment and addition portions of the project as they were conforming which included a condition that the "bumpout/addition" portion of the project, for which variance approval is being requested, was excluded and also commented on the 2005 issuance of a variance for a 2 nd story addition /modifications to the existing house with a 14.4 FT setback. Staff Mound City Council Minutes — October 27, 2009 recommended approval of the requested variance application subject to conditions which included findings as contained in the Planning Report. The application was reviewed by the Planning Commission at its October 20, 2009 meeting but was recommended for denial due to expansion of a nonconforming condition and lack of demonstrated hardship. Smith also commented on information contained in the Executive Summary with regard to a provision in the code with regard to setbacks for new structures based on averaging and indicated that Staff's review found that it did not apply to the subject property and also mentioned that the applicants had provided some supplemental information related to their project and hardship. Smith further noted that the owners were present and that a neighboring property owner was also in attendance to express support for the requested variance. MOTION by Osmek, seconded by Salazar to direct staff to prepare a resolution approving the variance based on staff recommendation. Hanus acknowledged that Smith presented a draft resolution to approve the variance and noted that standard practice is not to do a resolution when there are differing recommendations, however, due to extenuating circumstances with this application which includes a building permit and project under construction, a draft resolution was submitted. Osmek removed his motion and Salazar removed his second. MOTION by Osmek, seconded by Salazar to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 09 -89: RESOLUTION TO APPROVE A FRONT SETBACK VARIANCE FOR PROPERTY LOCATED AT 2128 CENTERVIEW LANE C. Planning Case No. 09 -12 — Variance at 4969 Island View Drive Staff presented the variance application from Ken Nash for the property at 4969 Island View Drive to allow lakeside setbacks of 41.8 FT (south side) and 46.2 FT (west side) for a proposed upper floor deck to be constructed for the home which was constructed in 2007 -2008 which was purchased by the owner in August 2009. Staff recommended approval of the requested variance application subject to conditions that included findings as contained in the Planning Report. The application was reviewed by the Planning Commission at its October 20, 2009 meeting and following discussion included a motion and a second to approve the variance but resulted in a split vote with four (4) Commissioners voting in favor and four (4) Commissioners opposed to the motion. MOTION by Osmek, seconded by Salazar to direct staff to prepare a resolution approving the variance application based on staff recommendation. All voted in favor. Motion carried. 13A. Discussion /action on petition to replace a play structure at Seton Park Jim Fackler reviewed the petition received to upgrade the play structure at Seton Park. The Parks and Commons Commission is recommending placement of this structure and have $10,000 come out of the Park Dedication Fund and the balance from the General Fund. The current structure is 19 years old and in need of total replacement. Parts are Mound City Council Minutes - October 27, 2009 no longer available for maintenance of the current structure. There is approximately $33,000 to $35,000 in the Parks Dedication fund and the estimate to replace the structure is $30,000, with city staff doing the installation. Osmek expressed concern on where the balance of $20,000 will come from and suggested bonding for it as a capital improvement, and considering projects like this in the next budget process. Salazar asked if the petitioners were asked what type of play structure was desired, and Fackler stated that this was the petition received and there are two structure anticipated, one for two to five year olds and another for five and up. Monica Kahmeyer, 2051 Arbor Lane, stated that she started the petition and presented a handout depicting the ages of kids in the neighborhood and also stated that the neighborhood is willing to have fundraisers to help the cause, also. Hanus stated that fundraisers, large or small, speak volumes, and suggestions were given to her on fundraiser organizations in the city that she may be able to join with. She also asked that the tree in the park be saved, but there may be safety issues involved with it. John Range, 2039 Arbor Lane, spoke regarding the safety concerns with the current structure and urged that it be replaced as soon as possible. Mr. Tkachenko, 4932 Northern Road, stated he would like to see a safe structure installed, with swings included. John Evans, 2025 Arbor Lane, stated that he feels the Council seated now is the best Council he's ever run across and expressed his appreciation. MOTION by Salazar, seconded by Osmek to approve replacement of the play structure at Seton Park, with the authorization not to exceed $30,000 to be taken from Park Dedication Fund, and any of the costs can be augmented at any time from fundraisers of the neighborhood. Hanus questioned if the figure from park dedication is to be $10,000 as recommended, or the total $30,000, and both Salazar and Osmek clarified that the total of $30,000 is to come from Park Dedication Funds. All voted in favor. Motion carried. 13B. Seasonal Summer Employee Report Jim Fackler presented a report outlining the part-time and full -time mowing crews' time as it relates to work assignments for the 2009 mowing season. He was asked to do this to research if contracting out the City's mowing services is feasible. He noted that two seasonal employees were cut from the 2009 budget, and mowing numbers are low for this year due to the draught. Also, last year he put out a request for bids for mowing services and didn't receive any bids. Hanus asked if the reason that we didn't receive bids can be identified and possibly look at contracting only a portion of the work, if less expensive, i.e., just mowing the parks. Fackler stated that he feels that one thing that a contractor would want is a minimum guarantee of work to be done and a rigid schedule. The Council's consensus is to keep the information on file in case they want to consider it in the future. No further action will be taken at this time. 1 1 Mound City Council Minutes — October 27, 2009 14. Approve minutes A. MOTION by Osmek, seconded by Salazar to approve the minutes of the October 13, 2009 meeting. The following voted in favor: Osmek, Salazar, and Hanus. The following voted against: None. Gesch abstained from voting because she was absent from that meeting. Motion carried. B. MOTION by Osmek, seconded by Salazar to approve the minutes of the October 19, 2009 meeting. The following voted in favor: Osmek, Salazar, and Hanus. The following voted against: None. Gesch abstained from voting because she was absent from that meeting. Motion carried. 15. Miscellaneous /Correspondence A. Comments /reports from Councilmembers Kandis stated that the 2009 Street Project Contractor has asked permission to do construction work on Sundays from 9:00 a.m. to dark. The construction will be just maintenance and pick -up, and not involve any loud construction equipment. The Council agreed with this, but stressed that no loud equipment is to be used. B. Reports: Finance Department for September, 2009. C. Minutes: None D. Correspondence: None 16. Adiourn MOTION by Gesch, seconded by Salazar to adjourn at 11:05 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk AJ2-_4--- Mayor Mark Hanus