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2006-05-23 MOUND CITY COUNCIL MINUTES MAY 23, 2006 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, May 23, 2006, at 7:30 p.m. in the council chambers of city hall Members Present: Mayor Pat Meisel; Councilmembers David Osmek, Bob Brown, Mike Specht, and John Beise. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director Carlton Moore, Finance Director Gino Businaro, Steve McDonald, Mark Magney, Tom Chambers, Mike McCue, Amanda Schwarze. 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. 2. Pledge of Allegiance 3. Approve Agenda Meisel requested the removal of Item 4G from the consent agenda, Brown requested the removal of 4A,and Osmek requested the removal of 4C. Brown requested the addition of Item 12D, Memorial Day. MOTION by Specht, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent Agenda MOTION by Beise, seconded by Specht to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. (removed) B. Approve payment of claims in the amount of $277,309.73. C. (removed) D. Approve extension of the CBD Parking Program until June 30, 2007. E. RESOLUTION NO. 06-69: RESOLUTION OF SPONSORSHIP AS RELATED TO THE SOUTHWEST TRAILS SNOWMOBILE ASSOCIATION Mound City Council Minutes -May 23, 2006 F. RESOLUTION NO. 06-70: RESOLUTION APPROVING 2-LOT MINOR SUBDIVISION AND VARIANCE FOR EXISTING SETBACK FOR DETACHED GARAGE AT 3000 DRURY LANE G. (removed) H. RESOLUTION ADOPTING FEE SCHEDULE I. Approve permits submitted by the Fire Relief Association for June 17, 2006 Fish Fry: Temporary On-Sale 3.2 Beer, One-day Consumption & Display Permit (set-ups), and Public Dance Permit -with fees waived. J. RESOLUTION NO. 06-71: RESOLUTION AUTHORIZING ADVERTISEMENT FOR BIDS FOR PURCHASE AND INSTALLATION OF RADIO READ METERS AND SUMP PUMP INSPECTIONS 4A. Approve Minutes Brown asked that this be removed from the consent agenda because he was not in attendance at the May 9, 2006 meeting. MOTION by Specht, seconded by Beise to approve the minutes of the May 9, 2006 meeting. The following voted in favor: Osmek, Specht, Beise and Meisel. The following voted against: None. Brown abstained from voting. Motion carried. 4C. Apprgve Public Gathering Permit from Fishers of Men for July 15, 2006 Bass Fishing Tournament at Centerview Beach Osmek asked that this be removed from the consent agenda for discussion. He asked if there were any parking or neighborhood issues raised after last year's even in the same location, and staff informed him that there were no negative comments received. MOTION by Osmek, seconded by Brown to approve the Public Gathering Permit for Fishers of Men Bass Fishing Tournament at Centerview Beach on July 15, 2006. All voted in favor. Motion carried. 4G. Ordinance Amending Subsection 437 of the Mound City Code as it Relates to Dock and Slip Licenses Meisel had questions regarding the proposed ordinance, and after discussion it was suggested that this ordinance be remanded to the Parks, Open Space, and Docks Commission. MOTION by Osmek, seconded by Specht to table this item and remand it to the Parks, Open Space, and Docks Commission for their review and recommendation. All voted in favor. Motion carried. MOTION by Osmek, seconded by Specht to reconsider item 4H. All voted in favor. Motion carried. 2 Mound City Council Minutes -May 23, 2006 4H. Resolution Adoating Fee Schedule It was noted that the new proposed fee schedule's only change is for the license fee for the proposed Ordinance on Charter Boats, which was just remanded to the Parks, Open Space, and Docks Commission for review and recommendation. MOTION by Osmek, seconded by Beise to remand the fee for the Charter Boat License to the Parks, Open Space, and Docks Commission for review and recommendation. All voted in favor. Motion carried. 5. Comments and suggestions from citizens present on any item not on the agenda. Cheryl Martin stated that buttons are now available for the Spirit of the Lakes Festival, to take place July 13-16, 2006. She also highlighted some of the activities that will take place in connection to this year's festival. 6. Public Hearings A. case No. 06-19 & 06-24 - 2-lot Minor Subdivision and Conditional Use Permit for attached twinhome at 2101 Noble Lane Smith reviewed the application from tom Chambers who is proposing to remove the existing single-family dwelling and build an attached twinhome on the property at 2101 Noble Lane. Mayor Meisel opened the public hearing at 7:49 p.m., and upon hearing no public comment, closed the hearing at 7:50 p.m. MOTION by Brown, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-72: RESOLUTION APPROVING 2-LOT MINOR SUBDIVISION AND CONDITIONAL USE PERMIT TO ALLOW FOR CONSTRUCTION AND USE OF THE PROPERTY LOCATED AT 2101 NOBLE LANE FOR TWINHOMES. P&Z CASE #06-16 AND 06-24. Mayor Meisel turned the meeting over to Acfiing Mayor Beise because of a possible perceived conflict of interest. B. Case No. 06-22 -Vacation -Drainage and Utilities Easement for Villas of Lost Lake Plat Smith explained that an application from MHRD was received to vacate the drainage and utilities easements previously dedicated in the "Villas on Lost Lake" original plat, with the exception of Lots 1-4, Block 2. This proposed vacation is a housekeeping item in following the recent replat. 3 Mound City Council Minutes -May 23, 2006 Acting Mayor Beise opened the public hearing at 7:52 p.m., and upon hearing no public comment, closed the public hearing at 7:53 p.m. MOTION by Brown, seconded by Specht to adopt the following resolution. The following voted in favor: Osmek, Brown, Specht and Beise. The following voted against: None. Mayor Meisel abstained from voting. Motion carried. RESOLUTION NO. 06-72A: RESOLUTION TO APPROVE THE VACATION OF DRAINAGE AND UTILITY CASEMENTS IN VILLAS ON LOST LAKE ADDITION. PAZ CASE #06-22. 7. Action on Consent to Plat by City of Mound for Villas on Lost Lake 2nd Addition Smith reminded the Council that the final plat resolution for the "Villas on Lost Lake 2nd Addition" was approved with modifications on May 9th to reference Lots 1-4, Block 2, Villas on Lost Lake Addition as an exception in the new plat. An additional action is needed by the Council so as to provide the City of Mound's Consent to Plat for the Villas 2nd Addition. MOTION by Brown, seconded by Specht to adopt the following resolution. The following voted in favor: Osmek, Brown, Specht and Beise. The following voted against: None. Mayor Meisel abstained from voting. Motion carried. RESOLUTION NO. 06-73: RESOLUTION AUTHORIZING CONSENT TO REPEAT BY THE CITY OF MOUND FOR THE VILLAS ON LOST LAKE 2ND ADDITION Mayor Meisel returned to preside over the rest of the meeting. 8. Comprehensive Annual Financial Raport for 2005 and Management Letter Steve McDonald of Abdo, Eick & Meyers, LLP, presented the Annual Financial Report for 2005, and reviewed the accompanying management letter. MOTION by Brown, seconded by Specht to acknowledge receipt of the Comprehensive Annual Financial Report for 2005 and the Management Letter as prepared by Abdo, Eick & Meyers, LLP. All voted in favor. Motion carried. 9. Action on Resolution Authorizing Purchase of Land from Hennepin Coun Carlton Moore reviewed that Hennepin County has prepared the transfer documents for two parcels of excess right of way from the County Road 15 project in the transit district. The properties are included in the Right of Way 4 ^ Mound City Council Minutes -May 23, 2006 Agreement executed in 2002, between the City and the County. The agreement establishes the price and conditions of the transfer to the City. The estimated acquisition cost of the two parcels is $68,300. The funding for the acquisition is included in the transit district improvement cost estimate. The transit district and ramp improvements are proposed to be financed by HRA bonds. MOTION by Brown, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-74: RESOLUTION AUTHORIZING PURCHASE OF LAND FROM HENNEPIN COUNTY 10. Action on Bids for Well #3 Pumphouse Project John Dean explained that on May 2, 2006, at 11:00 a.m., the City opened bids for the Well #3 Pumphouse project. The apparent low bidder was Magney Construction, whose bid was submitted on time, along with one other bidder. After the two bidders left City Hall, a rep from Rice Lake Construction came in with another bid. They were informed that they were late for the opening, the rep opened the bid, looked at it, left city hall, and a few minutes later returned to city hall and left the bid on the counter, claiming to have the low bid for the project. Following that chain of events the City received letter from the attorneys from both Magney Construction and Rice Lake Construction, both claiming to have the low bid for the project. John Dean's office has looked into the facts and prepared a letter recommending that all bids be rejected and readvertise for bids for this project. It was noted that Rice Lake delivered their bid by the 11:00 a.m. deadline to the City Engineer's office in Plymouth, where they were told that the bid opening is at the City Offices in Mound. They arrived in Mound at about 11:25 a.m. Brown stated that the two bidders present submitted their bids on time, and at the place advertised, and Magney Construction the low bidder, should be awarded the bid. Discussion followed as to the cost of rebidding the project, the cost of possible litigation and the possible time delay to the project. Mark Magney, 18889 Eastwood Drive, Excelsior, read and submitted a letter to the Council stating reasons why he believes that Magney Construction should be awarded the bid. 5 Mound City Council Minutes -May 23, 2006 MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-75: RESOLUTION ACCEPTING BID FOR WELL #3 PUMPHOUSE PROJECT 11. Action on Ordir~anpe Amending Section_490 of the City Code as it Relates to Waste Disposal The proposed changes to the waste disposal code were prompted by a complaint by a resident. After reviewing the proposed ordinance, it was the consensus of the council that no changes in the current code are warranted at this time and no action was taken. 12. Msicellaneous/Correspondence A. Questions and Comments from Councilmembers -Specht mentioned that the Mound Firefighters are now canvassing neighborhoods selling tickets to the annual Fish Fry, and urged residents to support the department by buying tickets. B. Reports: None C. Correspondence: MFRA Wellhead Protection Program LMC Ambassador LMCD 2007 Budget D. Memorial Day -Brown reminded citizens of the Memorial Day Parade in Mound and visits to area cemeteries to honor veterans. He asked that those that gave their lives for our freedom be remembered. 13. Adjourn MOTION by Brown, seconded by Specht to adjourn at 8:54 p.m. All voted in favor. Motion carried. ~~-~ Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 6