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2002-04-23MOUND CITY COUNCIL MINUTES APRIL 23, 2002 The City Council of the City of Mound, Minnesota, Hennepin County, Minnesota, met in regular session on Tuesday, April 23, 2002, at 7:30 p.m. in the council chambers of City Hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mark Hanus, David Osmek and Peter Meyer. Others Present: City Attorney, John Dean; City Manager, Kandis Hanson; Community Development Director, Sarah Smith; City Engineer, John Cameron; Finance Director, Gino Businaro; Fire Chief, Greg Pederson; Glenn Hurd, Frank Weiland, Dale & Becky Simon, Ann Eberhart, Gerald Babb, Deb Grand, Leah Weycker, Gene Hostetler, Brian Berent, Rick Todd, Kevin Flaig, Sam Bontrager, Bruce Gustafson, Tim Williams, Scott Alden, Rick Williams, Ed Garlock, Ray Salazar, Lorrie Ham, Jeff Anderson, Todd Warner, Orv Burma, Tim Whitten, Dustin Kern 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 event 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. and the Pledge of Allegiance was recited. 2. APPROVE AGENDA City Manager Hanson requested the addition of item 9A, Eminent Domain Action for Maxwell Property. Hanus requested the addition of 9B, an update regarding the Suburban Rate Authority, and the addition of 9C, funding the School Reserve Officer with the Mound Westonka School District. Meyer requested the addition of item 130, update regarding his next beautification project for downtown. MOTION by Hanus, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 3. CONSENT AGENDA Hanus requested the removal of item 3E for discussion, and Meyer requested the removal of item 3G. Mound City Council Minutes - April 23, 2002 MOTION by Brown, seconded by Meyer to approve the consent agenda, with the exception of 3E and 3G. Upon roll call vote taken, all voted in favor. Motion carried. A. Approve minutes of the April 9, 2002 meeting. B. Approve payment of claims in the amount of $283,159.78. C. Approve licenses and permits as requested. D. RESOLUTION NO. 02-46: A RESOLUTION DESIGNATING CERTAIN STREETS OR PORTIONS OF STREETS WITHIN THE CITY OF MOUND AS NO PARKING ZONES E. (removed) F. RESOLUTION NO. 02-47: RESOLUTION EXPRESSING COMMITMENT TO THE CONSTRUCTION OF A TRANSIT PARK & RIDE LOT AND CSAH 15 STREETSCAPE / TRAIL IN DOWNTOWN MOUND G. (removed) H. Approve selection of STS Consultants as environmental consultant for ERF Grant contract with Hennepin County. STS's proposal amount is $28,950. I. RESOLUTION NO. 02-48: RESOLUTION APPROVING A VARIANCE EXTENSION FOR THE PROPERTY LOCATED AT 4711 CUMBERLAND ROAD, LOTS 41 & 42, BLOCK 10, PEMBROKE. PID #19-11-23-33-0191. P&Z CASE #01-14. 3E. AGREEMENT FOR DISPOSAL BETWEEN NRG PROCESSING SOLUTIONS, LLC~ AND THE CITY OF MOUND Finance Director, Gino Businaro, discussed the funding for the agreement for leaf disposal between NRG and the City. Fees for 2002 are approximately $12,500. The representative from NRG stated that this is the first fee increase (was $10,000 last year) in ten years. The Council agreed that this is a valuable program for the community. MOTION by Brown, seconded by Meyer to approve the Agreement for Disposal Between NRG Processing Solutions, LLC, and the City of Mound, commencing April 1, 2002, and expiring December 1,2002, for $12,500. All voted in favor. Motion carried. 3G. RESOLUTION APPROVING PUBLIC LANDS PERMIT FOR JAMES POWERS AT 1791 RESTHAVEN LANE Meyer stated that he requested that this item be pulled from the consent agenda, because he cannot support it. MOTION by Meisel, seconded by Osmek to adopt the following resolution. The following voted in the affirmative: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. RESOLUTION NO. 02-49: RESOLUTION APPROVING A PUBLIC LANDS PERMIT FOR JAMES POWERS AT 1791 RESTHAVEN LANE, LOT 1, BLOCK 13, SHADYWOOD POINT, PID #13-117-24-14-0017. 2 Mound City Council Minutes - April 23, 2002 4. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA. Todd Warner, 3056 Highland Boulevard, appeared on behalf of the Westonka Historical Society, asking to be put on the May 14t' Council agenda to discuss the proposal to install a commercial dock at Mound Bay Park to accommodate the Minnehaha Steamboat which currently operates in Excelsior and Wayzata. This item will be on the Parks & Open Space Commission agenda of May 9th to discuss the concept, and the council agenda of May 14th. Brown requested that adjacent property owners be invited to these meetings when appropriate. Orv Burma, 3011 Island View Drive, presented a dock layout in his neighborhood that has reduced the number of small water craft slips from four to two. Burma requested that the Council consider that the BSU be restored to its full capacity for one year. This item will go to the Docks and Commons Commission, and then come back to the Council after their consideration. John Evans, 2025 Arbor Lane, gave positive comments regarding the installation of the commercial dock to accommodate the Minnehaha and commented that its presence in Excelsior and Wayzata makes it the heart of the downtown. 5. LETTER OF INTENT FOR MOUND LIQUOR STORE LAND~ SHELL AND INTERIOR FINISH MOTON by Brown, seconded by Osmek to approve the non-binding letter of intent regarding the proposed new municipal liquor store in the proposed Mound Marketplace. This will not be a legally-binding agreement, but will only serve as the outline for a legally-binding agreement to be entered into by Mound Marketplace, LLC, and the City of Mound. All voted in favor. Motion carried. 6. ENGINEER'S PROJECT UPDATE City Engineer Cameron gave an overview of the 2002 City Projects List. He further commented on the various projects that are underway, including the water and sewer project for MetroPlains, and the Westedge street project that will begin the week of April 29th. Meyer requested an update regarding CSAH 15, including the status of the former Dakota Rail. Cameron explained that Hennepin County and the City are proceeding with the preparation of the right-of-way agreement which is tentatively scheduled to be heard by the Council at its next meeting. 7. SKATE PARK AGREEMENT City Attorney Dean provided an overview of the agreement and walked through the various components of the document, including the fact that it will be a City-owned park, the descriptions of the various entities involved and referenced in the document, as well as the various financial commitments that the City must receive prior to commencement of work. Mound City Council Minutes - April 23, 2002 Insurance and liability issues during the construction phase were also discussed. Dean commented that a supplemental policy will need to be purchased from the LMC to cover construction-related activities. MOTION by Meyer, seconded by Osmek to approve the Joint Cooperative Agreement concept. All voted in favor. Motion carried. 8. ROTTLUND HOMES - LANGDON BAY SUBDIVISION REGARDING 30% HARDCOVER RESTRICTION Tim Whitten and Dustin Kern of Rottlund Homes provided a brief overview regarding the Langdon Bay project and the 30% hardcover restriction. They were aware of the 30% limitation which was placed on the development, but regretfully misunderstood what components were included in the hardcover calculations. He indicated that overall they believe the project will be under the 30% restriction. After discussion, it was decided that Rottlund Homes will proceed with the preparation of the necessary land use applications which will be forwarded to the Planning Commission when appropriate. 9. ADVANCE OF FUNDS TO XCEL ENERGY FOR A DETAILED ENGINEERING ESTIMATE MOTION by Hanus, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 02-50: RESOLUTION AUTHORIZING AN ADVANCE TO XCEL ENERGY TO PERFORM A DETAILED ENGINEERING COST ESTIMATE. 9A. EMINENT DOMAIN ACTION FOR MAXWELL PROPERTY It was noted that the City has been unsuccessful in negotiating a purchase agreement for the property located along the north side of Shoreline Drive, which is owned by Gary Maxwell. Cameron stated that this property is needed to accommodate a number of utilities including Xcel Energy and MCES. Portions are also needed to accommodate the City's stormwater pond which will handle water runoff. MOTION by Meyer, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 02-51: RESOLUTION AUTHORIZING EMINENT DOMAIN PROCEEDINGS TO ACQUIRE CERTAIN REAL PROPERTY. 9B. SUBURBAN RATE AUTHORITY Hanus reported that the SRA recently voted to reduce the fees for the involved municipalities. He also briefly discussed the downtown project which involved the relocation of Xcel's transmission lines. Hanus reported that Mr. Strommen has commented that Mound's downtown project may be a good "test case" regarding the 4 Mound City Council Minutes - April 23, 2002 placement of underground utilities. Additionally, it's possible that the SRA may be willing to cost share regarding this issue and stated that Mr. Strommen of Kennedy and Graven is extremely knowledgeable regarding these issues. 9C. SCHOOL RESERVE OFFICER Hanus inquired about the source of funds for the SRO officer. Businaro suggested that City staff report back at an upcoming meeting regarding the status of the application. 10. FIRE/PUBIC SAFETY FACILITY Fire Department committee member, Jeff Anderson, reviewed the proposed plans and gave background on the fire/public safety facility, including the process which has been undertaken to get to this point. City Manager Hanson reviewed a memorandum dated April 23, 2002, which explains a streamlined approach which could "fast-track" the project if the lease-purchase financing option was utilized and the project formally authorized. Hanson explained a process/timeline which would allow for a 2003 building opening. Mayor Meisel reminded the Council that the discussion this evening will focus on the preferred financing method for the new public safety building. There was discussion that followed regarding project timing, land use approval timelines, as well as the timing on bond sales. Todd Warner commented to the Council, urging them to move forward with this project, and thanked the Mound Fire Department for their dedicated efforts to our community. A. PREFERRED OPTION FOR FIRE/PUBLIC SAFETY FACILITY MOTION by Meyer, seconded by Brown to select the preferred option as presented, being the facility that combines the Police and Fire Department in one facility. All voted in favor. Motion carried. B. PREFERRED FINANCING OPTION Jim Prosser of Ehlers & Associates gave information on timing of a proposed bond sale, and the economic climate and bond market. MOTION by Osmek, seconded by Hanus to utilize the lease-purchase financing to pay for a new Public Safety Facility. All voted in favor. Motion carried. C. ACTION AUTHORIZING RFP'S FROM ARCHITECTS MOTION by brown, seconded by Hanus to authorize the Request for Proposals for a Project Manager, as presented. All voted in favor. Motion carried 5 Mound City Council Minutes - April 23, 2002 D. ACTION AUTHORIZING RFP'S FROM PROJECT MANAGERS MOTION by Osmek, seconded by Hanus to authorize Request for Proposals for Project Managers. All voted in favor. Motion carried. 11. ANNUAL REPORT Finance Director, Gino Businaro, presented the 2001 annual report for the Finance Department, which is on file in the office of the City Clerk. MOTION by Brown, seconded by Hanus to approve the report as presented. All voted in favor. Motion carried. 12. SPECIAL MEETING FOR EXECUTIVE SESSION FOR CITY MANAGER'S PERFORMANCE EVALATION MOTION by Brown, seconded by Meyer to hold a special meeting on Tuesday, May 7, 2002, at 7:00 p.m. at City Hall for consideration of the City Manager's performance evaluation. This will be held as an executive session. All voted in favor. Motion carried. 13. INFORMATION/MISCELLANEOUS A. AMM Fax News B. LMC Friday Fax C. LMCD correspondence D. Westonka School District news E. Hennepin County response on Board of Review F. Meeting invitation from U of M G. Representative's Quarterly Report: LMCD H. Finance Report: March 31,2001 I. Thank-you to Public Works Department J. Article: High Court Curbs use of Eminent Domain K. Community Action Annual Report and newsletter L. Metropolitan Council workshop announcement M. Update on Polston, et a., lawsuit costs N. Hennepin County notice of public hearing on Body Art Code O. Downtown Beautification Projects - report by Peter Meyer- he indicated that he plans to pursue painting of the boards on the Longpre Building and has scheduled this event for Saturday, May 4th. The Council determined that painting projects require formal action by the Council. Meyer announced that a spruce up/clean-up event will be held at Mound Bay Park on Saturday, May 4th, from 9:00 a.m. to noon. Hanus requested that Meyer put his comprehensive projects list and schedule together and place it on an upcoming agenda. Osmek also requested that Meyer utilize the proper channels including going to the Parks and Open Space Commission. 6 Mound City Council Minutes - April 23, 2002 '14. ADJOURN MOTON by Brown, seconded by Hanus to adjourn at 11:14 p.m. All voted in favor. Motion carried. Attest: City Clerk Mayor Pat Meisel 7