osseo city council€¦ · osseo city council regular meeting minutes ... shawn mulhern, douglas...

OSSEO CITY COUNCIL REGULAR MEETING MINUTES

January 28, 2013 1. CALL TO ORDER

Mayor Duane Poppe called the regular meeting of the Osseo City Council to order at 7:00 p.m. on Monday, January 28, 2013.

2. ROLL CALL

Members present: Council members Allan Hartkopf, Bonnie Heinen, Mark Schulz, Rick Weber, and Mayor Duane Poppe. Staff present: City Administrator Douglas Reeder, City Planner Riley Grams, Public Services Director Randy Korfiatis, and City Attorney Loren Magsam. Others present: Shawn Mulhern, Douglas Lee, Paul Mendoza, Erick Maki, Ryan Brown, and William Everett.

3. PLEDGE OF ALLEGIANCE

Poppe led the Pledge of Allegiance. 4. APPROVAL OF AGENDA [Additions - Deletions]

Poppe asked for additions or deletions to the Agenda. A motion was made by Hartkopf, seconded by Weber, to accept the Agenda as presented. The motion carried 5-0.

5. CONSENT AGENDA

A. Approve Council Minutes of January 14 B. Receive December Fire Report C. Receive December Police Report D. Receive American Legion Club December Gambling Report E. Receive Fire Relief Association December Gambling Report F. Receive Osseo Lions Club December Gambling Report G. Receive Osseo Maple Grove Hockey December Gambling Report H. Adopt Resolution Setting Public Hearing on Proposal for Issuance of a

Commercial Revenue Note for the Goodwill Industries, Inc., Project I. Approve Expenditure for City Council Training A motion was made by Weber, seconded by Schulz, to approve the Consent Agenda as amended removing Item 5.I. for discussion. The motion carried 5-0.

6. MATTERS FROM THE FLOOR Paul Mendoza, North Memorial Hospital, discussed the Heart Safe Communities Program. He thanked the Council for their dedication to this program and presented the City with two Heart Safe Community highway signs.

City Council Minutes, January 28, 2013,

7. SPECIAL BUSINESS A. ADOPT RESOLUTION ACCEPTING DONATION TO CAPITAL

IMPROVEMENT FUND/FIRE APPARATUS

City Administrator Douglas Reeder indicated the Osseo Fire Department Relief Association has made a donation in the amount of $35,000 to be used for the Osseo Capital Improvement Fund to purchase Fire Apparatus. Staff recommends the Council accept the donation. A motion was made by Hartkopf, seconded by Schulz, to adopt Resolution No. 2013-8 accepting a donation from the Osseo Fire Department Relief Association in the amount of $35,000. The motion carried 5-0.

B. ADOPT RESOLUTION ACCEPTING DONATION TO FLOWER BASKET

FUND

Reeder indicated the Osseo American Legion has donated $1,000 to the City of Osseo for the Beautification/Flower Fund. Staff recommends the Council accept the donation. A motion was made by Schulz, seconded by Weber, to adopt Resolution No. 2013-9 accepting a donation from the Osseo American Legion in the amount of $1,000. The motion carried 5-0.

8. PUBLIC HEARINGS – None. 9. OLD BUSINESS – None. 10. NEW BUSINESS

A. ACCEPT RESIGNATION OF BONNIE HEINEN FROM EDA Reeder recommended the Council accept the resignation of Bonnie Heinen from the EDA. Schulz questioned why Council member Heinen did not object to this appointment at the last meeting. Heinen stated she did not feel it was a proper fit and was not willing to serve on the EDA. A motion was made by Hartkopf, seconded by Poppe, to accept the resignation of Bonnie Heinen from the EDA. The motion carried 4-1 (Weber opposed). B. ADOPT RESOLUTION FOR CITIZEN APPOINTMENTS Reeder stated citizen appointments are made each year to various boards, commissions, and committees. Staff has received several Letters of Interest for these groups and recommended the Council adopt a Resolution appointing people to the open positions as follows:

Economic Development Authority – Harold E. Johnson


Planning Commission – Barbara Plzak and Larry Stelmach Public Safety Advisory Committee – Chris Mercadante and Douglas Lee

A motion was made by Weber, seconded by Schulz, to adopt Resolution No. 2013-10 adopting 2013 official citizen appointments, as indicated. The motion carried 5-0.

C. ADOPT RESOLUTION FOR 2013 FEE SCHEDULE Reeder indicated each year a new general fee schedule is adopted noting City fees. He reviewed the revisions to the fee schedule in detail. Staff recommended the Council approve a Resolution based upon the suggested fee additions and increases as proposed by staff. Hartkopf requested further information on the alcohol consumption and display permit. City Attorney Magsam discussed the purpose and intent of this permit along with the suggested fee. Hartkopf discussed the traffic tickets and administrative fines. He commented that any speeding ticket nine miles over the limit had to be sent to the State and was a criminal fine in accordance with the League of Minnesota Cities and the State of Minnesota. Weber suggested this information be provided to City staff. Discussion ensued regarding administrative penalties for traffic tickets. Schulz asked if the City Attorney did his due diligence prior to the adoption of the original administrative penalty ordinance. City Attorney Magsam stated this was the case. He commented this was also discussed in detail with the Police Chief and administrative penalties were within the right of the City. Schulz requested staff review this matter further and report back to the Council to assure that fees were being disbursed properly. Heinen questioned how long the administrative penalties have been in place. City Attorney Magsam stated the traffic violations were adopted in 2012. Hartkopf expressed concern with the proposed charges for reserve officer services. He thought the program was set up to not be an expense to the City. Reeder stated the reserve officers would provide a cost savings to the users of these services as the hourly rate charged for them is only $20 per hour instead of $60 per hour charged for licensed officers for special events and traffic control. He noted these fees would not be charged for the first year of program, but would be in 2014. Heinen also expressed concern with the reserve officer program fees and suggested this item not be approved at this time. Schulz said he understood Council member Heinen’s concern, reiterating the fee would not be charged for the first year of the program. He suggested the reserve officer fee be omitted from the 2013 Fee Schedule. Staff agreed with this recommendation.


Schulz commented the proposed increase on the sign permits would increase the cost of doing business in the City of Osseo. He questioned if this was wise to do at this time. He recommended the sign permit fees remain as is. Grams indicated he was aligning the permit fees with neighboring communities. Weber recommended the sign fees remain as is to assure that business owners were not adversely impacted. Schulz suggested staff review the amount of time spent on sign permits in 2013 and have the fees reviewed again for 2014. The Council was in agreement with this recommendation. A motion was made by Schulz, seconded by Hartkopf, to adopt Resolution No. 2013-11 amending the 2013 Fee Schedule with the suggested fee additions and increases as proposed by staff and Council, eliminating the reserve officer services fee and sign permit increases. The motion carried 5-0. D. SET PUBLIC HEARING FOR CONDITIONAL USE PERMIT

REVOCATIONS City Planner Riley Grams indicated staff has spent considerable time reviewing each of the City’s currently open conditional use permits. Staff visited each CUP location within the City to determine if the applicant is currently in compliance with the written conditions associated with the CUP. During these visits, it was determined that 12 CUPs were no longer operating at the location stated in the original CUP. Staff researched each of these locations to determine if the intended and stated use had ceased for 12 or more consecutive months. Grams explained that in order to legally revoke a CUP, a public hearing had to be set and all interested parties invited to be heard by the Council regarding the potential revocation of the CUP. Staff recommended the Council set this public hearing for February 11, 2013, at 7:00 p.m. Poppe asked if the property owners would be receiving letters. Grams commented the letters were drafted and would be sent by staff upon approval by the Council. A motion was made by Hartkopf, seconded by Heinen, to set a Public Hearing for conditional use permit revocations on Monday, February 11, 2013, at 7:00 p.m. Weber requested a list of properties not in compliance be forwarded to the Council. Grams stated he would forward this information to the entire Council. Schulz suggested that the letters be sent out certified mail to assure the letters were received by the property owners. City Attorney Magsam recommended the letters be sent both regular and certified mail to assure the property receives a letter. Schulz suggested a property owner identification search be conducted with Hennepin County to assure that letters are sent to the proper people. Grams stated a letter would be sent to the site address, the current owner of the property, and the original CUP applicant. The motion carried 5-0.


E. APPROVE COMMUNITY IMPROVEMENT AWARD CONCEPT DISCUSSION

Grams indicated this award concept was based on a program that the City of Hopkins recently enacted that has been quite successful. The idea is to recognize property owners who have made a significant effort toward improving their properties through various means. Staff wants to reward those who make the effort to improve their home or business here in Osseo, which greatly enhances the quality of life in our community. Grams stated that property owners could be nominated throughout the calendar year by anyone within the community, including staff, Planning Commission members, EDA members, and City Council members. Any resident or business owner who has any affiliation with the City (Council, EDA, PC members, various commission members, City staff, Police and/or Fire Department staff) shall not be nominated for the award. Grams explained the awards would be given on an annual basis at the last Council meeting in December. Winners would be notified in late November each year, and be asked to attend one of the final Council meetings to receive public recognition from the Mayor and Council. A picture of the improvement will be included in the meeting packet for the public to see. Award winners will receive a small plaque on behalf of the City, and the Council will honor the improvements they have made to their property. Staff requested the Council discuss this concept and direct staff on how to proceed. Weber asked if the EDA had a similar program. City Attorney Magsam commented the EDA did have a remodeling program. Schulz questioned who would determine the winners on an annual basis. Grams indicated this would be determined by the City Council and staff. Schulz supported the proposed program. Poppe indicated this would encourage homeowners and business owners to showcase some of the improvements that have been made to the local homes and businesses. Hartkopf also supported the concept and thought it would be a great way to promote the community. Heinen was in favor of the community improvement award concept for both commercial and residential properties. F. REVIEW NORTH WATER TOWER REPORT Reeder stated sometime in 2012 it was suggested the north water tower be preserved as a historical landmark. Since that time, KLM Engineering was hired by the City to conduct a study of the north water tower to determine whether the City should commit to keeping the water tower as an historic feature of the City or tear it down. Reeder commented the study sets out the current status of the water tower and suggests what has to be done if the tower is to remain in place, and what needs to be done if it is ever used to hold water. It was noted the north water tower was built in 1915 and the tower was painted with lead paint. Staff noted extensive miscellaneous structural modifications and repairs are required to bring the tank into compliance with OSHA regulations and AWWA standards.


Reeder explained the cost to repair and paint the tank to allow water to be placed in the tank is estimated to be $347,900. If all the repairs and painting were completed now the tank should last 15-20 years before repainting was needed. If water was not put in the tank, the City could reduce the cost of restoration by a small amount since the overflow pipe would not need to be extended. Reeder reported if the tank is kept the tower legs would be changed in appearance and would lose some historic significance. The cost to maintain the tank with no water in it for the next 50 years would be $500,000-$600,000 if you consider the repainting the second time after 25 years. Staff indicated the estimated amount to remove the tank would be $80,000, although it is possible that another $30,000 might be required to handle the containment due to the uncertain condition of the roof. Reeder indicated a representative from KLM was present to discuss the matter in further detail with the Council. Staff recommended the Council discuss the report with the consultant and provide Staff with direction on how to proceed. Shawn Mulhern, KLM Engineering, commented the inspection of the north water tower was completed in October 2012. He explained the entire inspection was not completed due to the unsafe condition of the ladders to the roof. He anticipated the current paint was applied in the 1980s and was lead based. He then discussed the engineering of the roof structure stating additional expenses may be required to assure this area was safe. Weber asked about the height of the water tower. Reeder indicated the tower was approximately 180 feet high. Schulz questioned if the water tower lacked routine maintenance. Mr. Mulhern indicated water towers were typically inspected every five years to review and track the condition of the water tower. He stated after 20 years a tower was in need of recoating. However, this water tower was not holding water and the coating may last longer. Schulz inquired when the north water tower was last inspected. Public Services Director Randy Korfiatis was uncertain when the last inspection was completed. He knew that an inspection had not been completed in the last 11 years. Schulz asked how the restoration expenses would change if the tower never held water again. Mr. Mulhern stated several modifications could be made to the bid and the expense could be reduced. He indicated the overflow pipe would be removed. Schulz indicated he thought the water tower was a historical landmark in the City. He suggested the public provide additional input on this issue before the Council takes any action. Weber understood the light bulb needed to be changed, but otherwise the City was in no hurry. He recommended an article be placed in the upcoming newsletter seeking feedback from the public. Hartkopf suggested an estimate to renovate the tower to not hold water, be available to for the public to review. Mr. Mulhern explained he could provide the Council with this information. He noted there were several historical water towers throughout the state and he would provide the Council whatever assistance he could while making this decision.


He stated the light bulb on the tower would need to be replaced, which would require some expense to fix the current ladder. Weber thought it would be wise for the Council to seek feedback from the public before making this decision. Heinen didn’t know if there was enough historic value to keep the water tower in place, given the large expense to restore the tower. Poppe indicated he would like to see an estimate to simply restore the tower prior to making a decision. He recommended that a public forum be held to gain additional feedback from the residents. Schulz requested staff contact the City of Waconia to gather information on their water tower restoration. Reeder commented Channel 12 interviewed him today regarding the water tower. This production would be televised for the public to view in the near future and would provide more awareness to the community. He reported he was pleased to find that the structure was sound at this time, which allowed the Council some time while making a decision on the water tower. G. CONSIDER REVOCATION OF OSSEO PAWN LLC PAWNBROKER

LICENSE Reeder stated on February 28, 2011, the initial pawnbroker license for Osseo Pawn, LLC, was approved by the Council. That license expired at the end of 2011. No contact was made between the City and Osseo Pawn in 2012 about the renewal of the pawnbroker license for 2012. The 2012 license would have expired at the end of 2012. Reeder indicated that staff learned of this situation late in December 2012, and consulted with City Attorney Magsam regarding the matter. On January 9, 2013, staff contacted Ryan Brown (Osseo Pawn) by phone to ask about the situation. Mr. Brown stated he hadn’t received this mail and didn’t have our information yet. Staff stated discussion at this time was to give Mr. Brown additional time of two weeks (until January 23) to submit renewal license information and payment of the license fee. Mr. Brown agreed verbally to take care of this matter by January 23. Reeder noted that as of January 24, there had been no contact by Mr. Brown or submission of license renewal information/payment of fee. For this reason, the item was placed on the Council agenda for action by the Council. Reeder noted that Mr. Brown had submitted a request to make four payments on his licenses for 2012 and 2013, with the last payment being made on May 15. Reeder recommended that this request be denied since the City wasn’t in the banking business. Ryan Brown, Osseo Pawn, stated the City of Minneapolis charges a 60 cent fee for every pawn transaction. He indicated other cities tack on an additional fee per transaction to cover their municipal expenses. However, the City of Osseo established a $12,000 license fee. He requested the Council allow him to make four payments of $5,500 four weeks apart to bring his establishment into compliance. Schulz indicated he reviewed the history of this matter and the establishment of the pawnbroker license fee. He understood the City was partially at fault as the license


renewal was not sent in a timely manner. However, Mr. Brown did not take action either. He would not support a revocation due to the fact the City was partially at fault. He supported the payments being made in four payments over the next several weeks. He suggested that staff also review the license fee and amount of time spent on managing the pawnbroker transactions. Hartkopf explained he researched neighboring communities pawnbroker license fees and noted the City’s fee was very fair in comparison as the rates ranged from $10,000-$12,000+. Schulz commented Osseo Pawn has been a good business and he has not heard any complaints from the Police Department. He recommended the Council work with the business owner. Weber recommended the fee structure remain as is. He questioned if the payment plan was agreeable to the business owner. Mr. Brown stated he proposed the plan and would make the payments as suggested. Weber asked if, by allowing Mr. Brown to make payments, the City was setting a precedent. Reeder commented all other permits were paid in full at this time. A motion was made by Schulz, seconded by Weber, to allow Osseo Pawn LLC more time to submit renewal license information and payment of fees over the next four months, with the last payment due on May 15, 2013, given the fact there was a significant error on the City’s behalf and that a lack of payment would result in the revocation of the pawnbroker license. The motion carried 5-0. H. APPROVE ACCOUNTS PAYABLE Reeder reviewed the Accounts Payable with the Council. A motion was made by Schulz, seconded by Weber, to approve the Accounts Payable as presented. The motion carried 5-0.

5.I. APPROVE EXPENDITURE FOR CITY COUNCIL TRAINING Weber asked if all training expenses would be brought to the Council for approval. Reeder stated this would be the procedure going forward. He noted he would provide the Council with a balance sheet to track the yearly expenses. He stated $3,500 was allotted for training in 2013. Weber questioned why Council members Hartkopf and Heinen were attending training with Ehlers in February when neither was willing to serve on the EDA. Heinen stated she has never attended any Ehlers training and she was interested in gathering information on TIF Districts, bonding, and other financial interests. Schulz understood that this training would benefit new Council members. He too questioned why both members attending were unwilling to serve on the EDA. Weber requested that the handouts and literature gathered from the seminar be brought back to the Council, along with a verbal report.


Schulz and Poppe agreed with this recommendation. Hartkopf commented he would be attending the League of Minnesota Cities conference (no cost to the City) on February 7 and noted he would have a report for the Council. A motion was made by Weber, seconded by Schulz, to approve expenditures for City Council training with the members bringing back handouts and reports. The motion carried 5-0.

I. REPORT ON CITY LITIGATION (CLOSED SESSION) A motion was made by Schulz, seconded by Weber, to adjourn to a Closed Session at 8:40 p.m. The motion carried 5-0. A motion was made by Schulz, seconded by Hartkopf, to reconvene the City Council meeting at 9:08 p.m. The motion carried 5-0. City Attorney Magsam reported the Council met in Closed Session to receive a report on a litigation matter regarding the former Fire Chief Mark Lynde.

11. ADMINISTRATOR-CLERK-TREASURER’S REPORT

Reeder commented he provided the Council with a summary of the Governor’s LGA proposal for 2014 and the years following.

12. COUNCIL AND ATTORNEY REPORTS

Schulz reported last week City staff, John Engstrom, and himself met and discussed the potential for a 2013 Vintage Car Show. He commented a craft fair may be added to this year’s event. He indicated he would meet again with Mr. Engstrom several weeks before the car show and he looked forward to the May 11 event. Poppe sent his thoughts and prayers to Police Administrative Assistant Stacey Bauer on the passing of her son.

13. ADJOURNMENT

A motion was made by Weber, seconded by Schulz, to adjourn the City Council meeting at 9:15 p.m. The motion carried 5-0.

Respectfully submitted, Heidi Guenther TimeSaver Off Site Secretarial Service, Inc.

osseo city council€¦ · osseo city council regular meeting minutes ... shawn mulhern, douglas...

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