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2005-03-22 MOUND CITY COUNCIL MINUTES MARCH 22, 2005 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 22, 2005, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise, and David Osmek. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, City Planner Loren Gordon, Finance Director Gino Businaro, Tom Stokes, Mary Hill Smith, Roin Caufman, Alison Highberger, Jim Hatchett, Jerrod Nordberg, Marylaine Phillips, Don Phillips, Marty Sarenpa, Rebecca Kurtz, Mike Fischer Consent Agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roll call vote. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which even the item will be removed from the Consent Agenda and considered in normal sequence. 1. Open Meeting Mayor Meisel called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve Agenda Kandis Hanson requested the addition of 5G, Set special meeting for public hearing for skate park grant. She also requested the addition of 11.1, Action on 2005 Bond Resolutions. MOTION by Osmek, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. Mayor Meisel stepped down and turned the meeting over to Acting Mayor Osmek. 4. Marv Hill Smith, representative to Metropolitan Council regarding Livable Communities Demonstration Grant Mary Hill Smith, Council Member District 3, presented the City of Mound with a Livable Communities Demonstration Grant award. This award represents the $1.15 million grant that Mound will be receiving for a parking structure in Auditors Road District. Mound City Council Minutes -March 22, 2005 5. Consent Agenda Beise asked to remove item 5A for discussion. MOTION by Brown, seconded by Osmek to approve the consent agenda with the exception of item A. Upon roll call vote, all voted in favor. Motion carried. A. (removed) B. Approve payment of claims in the amount of $175,560.99. C. Approve Change Order #1 for the Well #8 Pumphouse which deletes the natural gas generator and includes provisions to install a diesel generator later. The change order will result in a deduction of $104,805 in the contract price. D. RESOLUTION NO. 05-39: RESOLUTION TO APPROVE THE RELEASE OF TAX FORFEITED PROPERTIES: PID 25-117-24-12-0164, 25-117-24-12-0169, AND 25-117-24-12-0170. E. RESOLUTION NO. 05-40: RESOLUTION ACCEPTING BID FOR THE 2005 STREET RECONSTRUCTION PROJECT F. Approve Planning Commission Cases a. RESOLUTION NO. 05-41: RESOLUTION APPROVING A FRONT YARD SETBACK VARIANCE FOR SECOND STORY IMPROVEMENTS TO THE RESIDENCE LOCATED AT 2128 CENTERVIEW LANE, LOTS 1 AND 2, BLOCK 7, "ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK", MOUND, MINNESOTA. PID #13-117-24-31-0074, P8~Z CASE #05-03. b. RESOLUTION NO. 05-42: RESOLUTION APPROVING A SIDE YARD SETBACK VARIANCE FOR SECOND STORY IMPROVEMENTS TO THE RESIDENCE LOCATED AT 6338 RAMBLER LANE, LOT 7, BLOCK 2, MOUND TERRACE, PID #14-117-24-32-0017, P&Z CASE #05-04. G. Set special meeting to hold a public hearing on the skate park grant, for March 29, 2005, at 6:15 p.m. in the council chambers of city hall. 5A. Approval of Minutes Beise made a correction to the March 15, 2005 minutes. MOTION by Osmek, seconded by Beise to approve the minutes of the March 8, 2005 regular meeting, the March 15, 2005 special meeting, and the March 26, 2005 special meeting. All voted in favor. Motion carried. 6. Comments and SuaQestions from citizens on any item not on the actenda. None were offered. Mayor Meisel stepped down and turned the meeting over to Acting Mayor Osmek. 2 Mound City Council Minutes -March 22, 2005 7. Concurrent City Council and HRA Meetings MOTION by Specht, seconded by Beise to reconvene the Housing and Redevelopment Authority meeting at 7:46 p.m., to run concurrently with the City Council meeting already in session. 8. Public Hearinct on Redeveloament Plan with Mound Harbor Renaissance A. Consideration/Action on Resolution Adopting a Redevelopment Plan for the Mound Harbor Proiect Area (followed by HRA action on same matter). John Dean gave the history of this project, stating that the Planning Commission has determined that the proposed redevelopment plan is consistent with the City's Comprehensive Plan, and has passed a resolution to that affect. Loren Gordon presented the redevelopment plan for the Mound Harbor Project area, and explained that an assessment of the tax increment area has been done. The full report of findings is available at City Hall. Acting Mayor Osmek opened the public hearing at 7:55 p.m, and upon hearing no comment, closed same hearing at 7:56 p.m. ,_„ John Dean explained some changes to the proposed resolution in the packet and will amend this resolution before execution. He stated that if the Council adopts the proposed resolution they will be making the following findings:(1) the land in the project area would not be made available for redevelopment without the financial aid to be sought; (2) the redevelopment plan for the project area will afford maximum opportunity, consistent with the needs of the locality as a whole, for the redevelopment of the area by private enterprise; (3) the redevelopment plan conforms to a general plan for he development of the locality as a whole; and (4) based on the information contained in Exhibit A and information presented at the hearing and otherwise known to the Council, the Project Area is blighted within the meaning of Minnesota Statutes, Sections 469.002 and 469.028. MOTION by Beise, seconded by Specht to adopt the following resolution as amended. The following persons voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. Motion carried. RESOLUTION NO. 05-43: RESOLUTION APPROVING THE REDEVELOPMENT PLAN FOR THE MOUND HARBOR PROJECT AREA. John Dean explained that the accompanying HRA resolution should be considered at this time, and has the same revisions and findings as the previous Council resolution. MOTION by Brown, seconded by Specht to adopt the following resolution as amended. The following persons voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. Motion carried. 3 Mound City Council Minutes -March 22, 2005 HRA RESOLUTION NO. 05-05H: RESOLUTION APPROVING THE REDEVELOPMENT PLAN FOR THE MOUND HARBOR PROJECT AREA. B. Consideration/Action on Resolution Modifying the Tax Increment Financinq Plan for Tax Increment Financinq District No. 1-2 by eliminating Certain Parcels from Tax Increment Financing District No. 1-2: and Establishing the Mound Harbor Tax Increment Financinq District within the Mound Harbor Project Area, and Adopting a Tax Increment Plan Therefore (Followed by HRA Action on the same matter) Rebecca Kurtz of Ehlers & Associates presented the Tax Increment Financing District Overview, reviewed the 3,4, and 5 year activity rules, followed by the reasons and facts supporting the findings for the adoption of the Tax Increment Financing Plan for the Mound Harbor Tax Increment Financing District. Mike Fischer of LHB, Inc. presented the report of Inspection Procedures and Results for Determining Qualification of a Tax Increment Financing District as a Redevelopment District. The full report is available in the office of the City Clerk. Acting Mayor Osmek opened the public hearing at 8:26 p.m. and upon hearing no public comment, closed the hearing at 8:27 p.m. MOTION by Beise, seconded by Specht to adopt the following resolution as amended. The following persons voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. Motion carried. RESOLUTION NO. 05-44: RESOLUTION ESTABLISHING THE MOUND HARBOR TAX INCREMENT FINANCING DISTRICT WITHIN THE MOUND HARBOR REDEVELOPMENT PROJECT AREA AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFORE AND MODIFYING THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT NO. 1-2 BY ELIMINATING CERTAIN PARCELS THEREFROM. MOTION by Brown, seconded by Beise to adopt the following HRA resolution. The following persons voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. Motion carried. HRA RESOLUTION NO. 05-06H: RESOLUTION MODIFYING THE TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT DISTRICT NO. 1-2 BY THE ELIMINATION OF PARCELS FROM TAX INCREMENT FINANCING DISTRICT NO. 1-2; ESTABLISHING THE MOUND HARBOR TAX INCREMENT FINANCING DISTRICT THEREIN AND ADOPTING A TAX INCREMENT FINANCING PLAN THEREFOR. 4 ur Mound City Council Minutes -March 22, 2005 9. Adiiourn HRA Meeting MOTION by Beise, seconded by Brown to adjourn the HRA meeting. The following persons voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. Motion carried. 10. Consideration/Action on Internal Loan Resolution MOTION by Brown, seconded by Specht to adopt the following resolution. The following persons voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained from voting. Motion carried. RESOLUTION NO. 05-45: RESOLUTION APPROVING TERMS OF INTERNAL LOAN 11. Discussion on soils remediation for Lost Lake Dredge Sarah Smith updated the Council on the actions now being taken towards the soil remediation for the Lost Lake Dredge. No action needed or taken at this time. Mayor Meisel returned to preside over the rest of the meeting. 11.1 2005 Bond Sale Resolutions Dave Callister of Ehlers and Associates reviewed the results of the bond sale that occurred earlier in the day. MOTION by Specht, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-46: RESOLUTION PROVIDING FOR THE ISSUANCE AND ALE OF $1,765,000 GENERAL OBLIGATION IMPROVEMENT BONDS, SERIES 2005A, PLEDGING SPECIAL ASSESSMENTS FOR THE SECURITY THEREOF AND LEVYING A TAX FOR THE PAYMENT THEREOF. MOTION by Brown, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-47: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $3,325,000 GENERAL OBLIGATION WATER REVENUE BONDS, SERIES 20056, AND PLEDGING FOR THE SECURITY THEREOF NET REVENUES MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. -- RESOLUTION NO. 05-48: RESOLUTION PROVIDING FOR THE ISSUANCE AND SALE OF $285,000 GENERAL OBLIGATION EQUIPMENT CERTIFICATES, SERIES 2005C, AND LEVYING A TAX FOR THE PAYMENT THEREOF 5 Mound City Council Minutes -March 22, 2005 12. Planning Case Review -Case 05-02• Martin Sarenpa, 3061 Westedge Blvd - Subdivision Exemption -dock parcel subdivision Sarah Smith reviewed the application submitted requesting approval of a dock parcel subdivision associated with the property located at 3061 Westedge Blvd to create (3) dock parcels to be combined with three (3) residential lots located at 3140/3130/3116 Westedge Blvd. Staff recommends approval with specific conditions as stated in the proposed resolution. Jerry Norberg, 3961 Westedge Blvd., appeared on behalf of a neighboring parcel's eleven owners, asking the council to table this case until all people were notified. It was noted that notice was provided according to law. Don Phillips, 3041 Westedge Blvd., owner of an adjacent property, expressed concern that the owner's intent it so run a marina on the Halstead Bay. He asked how the limits on the docks were going to be enforced and was informed that that falls under the LMCD's jurisdiction. Marylaine Phillips, 3041 Westedge Blvd., also expressed concern over enforcement of the conditions, and also concern over that she believes the use of the property is for multi-family, not single. She also expressed a concern over parking in the area. Meisel indicated that the possible multi-family use will be investigated. Osmek requested a change to the proposed ordinance, stating that clarification should be made that the use of these properties shall be restricted to the owner of the property or a residing tenant of said properties and all watercraft must be registered to these individuals. The resolution will be amended to that effect. MOTION by Brown, seconded by Osmek to approve the following resolution as amended. All voted in favor. Motion carried. RESOLUTION NO. 05-49: RESOLUTION TO APPROVE EXEMPTION FOR DOCK PARCEL SUBDIVISION ASSOCIATED WITH PROPERTY LOCATED AT 3061 WESTEDGE BOULEVARD. PID #23-117-24-33-0012. 13. Miscellaneous/Correspondence A. Minutes: Park & Open Space Commission -March 22, 2005 Planning Commission -March 7, 2005 B. Correspondence: LMC Friday Fax LMCD Westonka Healthy Community Collaborative C. Newsletters: Gillespie Center 6 Mound City Council Minutes -March 22, 2005 14. Adjourn MOTION by Osmek, seconded by Specht to adjourn the meeting at 9:27 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk o+~-~ Mayor Pat Meis 7