2002-05-14MOUND CITY COUNCIL MINUTES
MAY 14, 2002
The City Council of the City of Mound, Hennepin County, Minnesota, met in regular
session on Tuesday, May 14, 2002, at 7:30 p.m. in the council chambers of City Hall.
Members present: Mayor Pat Meisel; Councilmembers Bob Brown, Mark Hanus, and
David Osmek.
Members Absent: Peter Meyer was absent until 7:50 p.m., entering before item 7A.
Others present: City Attorney, John Dean; City Manager, Kandis Hanson; City Clerk,
Bonnie Ritter; Community Development Director, Sarah Smith; Finance Director, Gino
Businaro; Utilities Superintendent, Greg Skinner; Jeff Andersen, Todd Christopherson,
Nancy Schultz, Peter Johnson, Connie & Mervin Woytcke, Soren Mattick, Gene
Hostetler, Leah Weycker, Greg Kinney, Joseph Lindsey, Greg Fall.
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 7:33 p.m. and the Pledge of Allegiance was
recited.
2. APPROVE AGENDA
Meisel requested the addition of 5A, Balboa Building Update by John Cameron, and the
addition of 13A, Beautification Projects by Peter Meyer. Hanson requested the deletion
of item 8A, as this resolution is irrelevant.
MOTION by Brown, seconded by Hanus to approve the agenda as amended. All voted
in favor. Motion carried.
3. CONSENT AGENDA
Osmek requested the removal of item 3A for discussion.
MOTION by Osmek, seconded by Hanus to approve the consent agenda as amended.
Upon roll call vote taken, all voted in favor. Motion carried.
A. (removed)
B. Approve claims in the amount of $472,391.99.
C. Approve parade permit for American Legion for June 8, 2002 as submitted.
D. Approve Payment Request No. 1 to Doboszenski & Sons in the amount of
$202,781.21 on the Mound Visions 2nd Addition project.
Mound City Council Minutes - May 14, 2002
E. Approve Payment Request No. 1 to S.M. Hentges in the amount of $57,911.67
for the Westedge Blvd. watermain project.
F. RESOLUTION NO. 02-52: RESOLUTION REESTABLISHING PRECINCT
BOUNDARIES AS REQUIRED BY MINNESOTA STATUTES 204B14, SUBD.
3(c).
G. RESOLUTION NO. 02-53: RESOLUTION APPROVING VARIANCES TO
ALLOW PARKING LOT IMPROVEMENTS FOR THE PROPERTY LOCATED
AT 2136 BELMONT LANE. PID#13-117-24-32-0095, P & Z CASE #02-10.
RESOLUTION NO. 02-54: RESOLUTION APPROVING A PUBLIC LANDS
PERMIT FOR BRETT ANDERSON AT 2136 BELMONT LANE. PID #13-117-
24-32-0095.
H. Approve liability insurance premium in the amount of $144,333.
I. RESOLUTION No. 02-55: RESOLUTION AUTHORIZING THE TRANSFER
AND CONVEYANCE OF LAND
J. Approve request by Mound Fire Department Relief Association for the closure of
Wilshire BIvd between Maywood and Lakewood on June 1,2002 for the 51st
Annual Fish Fry.
3A. APPROVAL OF MINUTES
MOTON by Hanus, seconded by Osmek to approve the minutes of the April 23rd
meeting as amended. All voted in favor. Motion carried.
4. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM
NOT ON THE AGENDA.
Scott Thoma, 1716 Eagle Lane, appeared before the Council to update them on the
Dreamwood resident meetings, stating that the groups are working together to come to
a resolution on the commons.
5. ACTION ON PROPOSED CHANGE TO ADMINISTRATIVE CODE AS IT RELATES
TO THE FAMILY MEDICAL LEAVE ACT OF 1993
Bonnie Ritter informed the Council that this provision is to comply with the Family
Medical Leave Act of 1993. There is one change in the Leave Without Pay portion of
the Administrative Code, being the deletion of the option to extend leave up to 1 year at
the discretion of the City Manager.
MOTION by Osmek, seconded by Hanus to approve the addition of the Family Medical
Leave provision and changes to the Leave Without Pay as outlined. All voted in favor.
Motion carried.
5A. BALBOA PROPERTY PURCHASE
John Cameron informed the Council that he as received a cost estimate of $5415
(which is $1000 less than previously quoted) to perform Phase II Environmental Site
Assessment of Lots 23-28, Koehler's Addition - Balboa property.
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Mound City Council Minutes - May 14, 2002
MOTION by Hanus, seconded by Osmek to accept this proposal for above stated site
work. All voted in favor. Motion carried.
City Attorney Dean stated that negotiations on the Balboa Property are going well and
condemnation procedures may be avoided.
6. SKATE PARK
A. Action on Skate Park A.qreement
MOTION by Osmek, seconded by Brown to adopt the following resolution, of which the
agreement is an exhibit. All voted in favor. Motion carried.
RESOLUTION NO. 02-56: RESOLUTION REGARDING THE CONSTRUCTION AND
OPERATION OF SKATE PARK.
B. Public Lands Permit for Skate Park
MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 02-57: RESOLUTION APPROVING A PUBLIC LANDS PERMIT
FOR THE ZERO GRAVITY TASK FORCE AND THE CITY OF MOUND FOR USE OF
MAYWOOD ROAD RIGHT OF WAY AND CITY HALL PROPERTY LOCATED AT
5341 MAYWOOD ROAD AS A SKATE PARK.
7. METROPLAINS DEVELOPMENT
A. Right of Entry Agreement
John Dean explained that the current subdivision agreement provides that Outlots C
and D be conveyed to the City once the construction of the park improvements has
been completed. There is a concern of the ability to obtain release of liens of mortgage
of these outlots if not conveyed right away. The right of way agreement will allow
MetroPlains to use the space as a staging area for their construction and to construct
portions of the park improvements.
Councilmember Meyer arrived at the meeting at this point (7:55 p.m.)
MOTION by Brown, seconded by Hanus to enter into the Right of Way Agreement with
The Village by the Bay Development, as presented. All voted in favor. Motion carried.
B. Modifications to the Subdivision Agreement
John Dean explained that the modification is simply to allow for the for the early
conveyance of Outlots C & D.
MOTION by Brown, seconded by Osmek to approve the First Amendment to
Subdivision Agreement, between the City and Mound Marketplace and Village by the
Bay. All voted in favor. Motion carried.
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Mound City Council Minutes - May 14, 2002
8. WESTERN AREA FIRE TRAINING ACADEMY (WAFTA)
A, (removed)
B. Committinq Local Match and Authorizing Contract Siqnature
Soren Mattick or Campbell Knutsen, WAFTA representative, appeared before the
council to give a history of the WAFTA site and the history of its contamination
investigation and subsequent grant application. Questions were asked regarding the
actual cost to each of the eleven member cities, and Mattick stated that this amount is
now yet known. The Corps of Engineers, Xcel Energy and Reliant Energy are also
contributors to the cost of clean-up. The Council had serious concerns over adopting
this resolution, to sponsor this grant application, without knowing the actual cost to the
City. John Dean assured them that before the City is obligated, we will be able to
identify the risk and withdraw if need be.
MOTION by Brown, seconded by Meyer to adopt the following resolution, with the
stipulation that prior to signing of the actual agreement, actual amounts of matching
funds need to be known and agreed to. All voted in favor. Motion carried.
RESOLUTION NO. 02-58: RESOLUTION COMMITTING LOCAL MATCH AND
AUTHORIZING CONTRACT SIGNATURE FOR WESTERN AREA FIRE TRAINING
ACADEMY (WAFTA)
9. LIQUOR STORE
A. Presentation of Interior Finishes and Floor Plan
Greg Kinney of Tuchie Montgomery presented the floor plan and exterior facade
drawings to the council for their information.
B. Liquor Store Agreement
John Dean informed the Council that this agreement is in follow up to the letter of intent
for the construction of the liquor store, which called for drafting of a purchase and
construction agreement. The basic terms of the agreement are that Mound Marketplace
will construct the liquor store and do everything on site except for the cash registers and
the inventory. He recommends approval of this agreement.
Larry Olson of Mound Marketplace informed the Council that he is comfortable with a
November 1,2002 completion date.
MOTION by Osmek, seconded by Hanus to approve the Purchase and Construction
Agreement made between Mound Marketplace, LLC, and the City of Mound. All voted
in favor. Motion carried.
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Mound City Council Minutes - May 14, 2002
10. PUBLIC SAFETY FACILITY
A. Agreement for Construction Management Services
Jeff Andersen, Public Safety Facility Committee member, introduced Todd
Christopherson, President Construction Management, of Amcon to the Council and
indicated that Amcon is the committee's recommendation for Construction Manager for
the proposed Public Safety Facility.
MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 02-59: RESOLUTION FOR AUTHORIZATION TO ENTER AN
AGREEMENT FOR CONSTRUCTION MANAGEMENT SERVICES
B. Agreement for Architect
Jeff Andersen informed the Council that the committee's recommendation for Architect
is Short Elliott Hendrickson, Inc., and introduced Nancy Schultz from that firm.
MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in
favor. Motion carried.
RESOLUTION NO. 02-60: RESOLUTION FOR AUTHORIZATION TO ENTER AN
AGREEMENT FOR ARCHITECTURAL SERVICES.
11. ANNUAL REPORTS
A. Public Works
Greg Skinner, Public Works Superintendent, presented the 2001 Annual report to the
Council. This report is on file in the office of the City Clerk.
B. Building and Planninq
Sarah Smith, Community Development Director, presented the 2001 Annual report to
the Council. This report is on file in the office of the City Clerk.
12. DISCUSSION/ACTION ON NEW RESIDENTIAL/REMODEL CONSTRUCTION
POLICIES AND PROCEDURES AND DISCUSSION/ACTION ON DRIVEWAY
STANDARDS
Sarah Smith presented a memorandum asking the Council to consider and discuss
reasons to consider an escrow policy for residential construction. The goal is to
eliminate the use of temporary certificates of occupancy. If there is an escrow account
the deficiencies can be remedied if the homeowner doesn't do them himself.
Discussion followed regarding developers vs. homeowners regarding this issue, plus
the possibility of requiring escrow when the project is of a certain value.
Mound City Council Minutes - May 14, 2002
Discussion also took place regarding driveway standards.
Sarah Smith will do further research and bring these items back to the Council at a later
date.
13. SPECIAL MEETING FOR CITY MANAGER'S EVALUATION
MOTION by Meisel, seconded by Brown to set a special meeting for May 21,2002, at
6:30 p.m. to consider the City Manager's Evaluation. All voted in favor. Motion carried.
13A COUNCILMEMBER MEYER'S BEAUTIFICATION PROJECTS
Meyer's list of beautification projects was reviewed and discussed. He is to keep the
Council informed of any additional projects. He informed the Council that he is open to
other ideas, also.
14. INFORMATION/MISCELLANEOUS A. AMM Fax news
B. LMC Friday Fax
C. LMCD correspondence: Brown brought to the Council's attention that Orv
Burma, Mound's Rep to the LMCD, stated at a recent LMCD meeting that the
lakescaping project was an opportunity to educate the mound Planning
Commission, and that he had conversations with the Mound Parks Director on
the concept of lakescaping tests sites on City property. Hanus stated that these
test projects will not be allowed on City property and this should be conveyed to
Orv Burma. City Manager Hanson will have Mr. Burma attend the next council
meeting for clarification on this subject.
D. Westonka School district news
E. FYI: Letter regarding CSAH 15
F. Report; School Resource Officer- Hanus asked how many hours the SRO is at
the high school, and how much grant money is expected, and what our expense
for this officer will be next year. Hanson will get the Police Chief to report on this
at the next meeting.
G. Letter: City of Shorewood on Phosphorus legislation
H. Public Safety Building status report
I. FYI; Profile of Demographic Characteristics
J. Gillespie Gazette
K. Mediacom price change
L. Letter: Mary Opheim
M. Letter: John Evans
N. LMCC May schedule
O. Ice Out 2002
P. Jaycees charitable gambling donation
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Mound City Council Minutes - May 14, 2002
15. ADJOURN
MOTION by Brown, seconded by Hanus to adjourn at 10:37 p.m.
Motion carried.
All voted in favor.
Attest: Bonnie Ritter, City Clerk
Mayor Pat Meisel
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