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2002-12-10MOUND CITY COUNCIL MINUTES DECEMBER 10, 2002 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, December 10, 2002, at 7:30 p.m. in the council chambers of City Hall. Members Present: Mayor Pat Meisel; Councilmembers Mark Hanus, David Osmek and Peter Meyer. Members Absent: Bob Brown Others Present: City Attorney John Dean, City Manager Kandis Hanson, Community Development Director Sarah Smith, City Attorney John Cameron, City Planner Bruce Chamberlain, Greg Palm, Rob Rehberger, Billy Huspess, Joey Kuhbander, Matthew Willette, Jeremy Willette, Sephen Sherburre, Chris Motyka, Pam Willette, Ann Everhart, Paul Waldron, Dawn Pistulra. 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 City Manager Hanson requested the addition of item 9A, Post Office Demolition Resolution, and 12A, selection of Liquor Store Manager. Meyer requested the addition of 13H, Bob's Sleep Out Update. MOTION by Hanus, seconded by Osmek to approve the agenda as amended. All voted in favor. Motion carried. 4. CONSENT AGENDA Hanus requested the removal of F and K, Osmek requested the removal of C and I and Meyer requested the removal of E from the consent agenda, for discussion. MOTION by Osmek, seconded by Hanus to approve the consent agenda. Upon roll call taken, all voted in favor. Motion carried. A. Approve minutes of the November 25, 2002 special meeting, the November 26, 2002 regular meeting and December 2, 2002 special meeting. Mound City Council Minutes - December 10, 2002 B. Payment of Claims in the amount of $254,649.66, plus any other claims through to the January 14th Council meeting. C. (removed) D. AMENDMENT TO JOINT COOPERATIVE AGREEMENT AND CONTRACT FOR FIRE SERVICE (WITH MINNETRISTA) E. (removed) F. (removed) G. Approve Partial Payment Request #3 by Buffalo Bituminous for $35,100.55 for work completed through November 30, 2002 on the Westedge Boulevard Street Improvement Project. H. Approve Partial Payment Request #2 from Sunram for $17,201.16 for the 2002 Retaining Wall Replacement project. I. (removed) J. RESOLUTION NO. 02-114: RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW ZERO LOT LINE TWINHOMES AT 5214/5218 DRUMMOND ROAD, LOTS 4,5,14 & 15, BLOCK 12, WHIPPLE. PID #25-117- 24-21-0025. P& Z CASE ~96-44 K. (removed) 4C. JOINT COOPERATIVE AGREEMENT AND CONTRACT FOR FIRE SERVICE BY AND BEWEEN THE CITIES OF MOUND AND ORONO Hanus and Osmek suggested changes to the proposed resolution. Meyer stated he believes that it is in the best interest to continue the agreement with Orono.The Council clarified that Orono legally withdrew and Mound cannot force Orono to remain. MOTION by Osmek, seconded by Hanus to adopt the following resolution as amended. Those voting in favor: Hanus, Meisel and Osmek. Those voting against: Meyer. Motion carried. RESOLUTION NO. 02-115: RESOLUTION CANCELLING JOINT COOPERATIVE AGREEMENT AND CONTRACT FOR FIRE SERVICE BY AND BETWEEN THE CITIES OF MOUND AND ORONO. 4E. APPROVAL OF FINAL 2003 BUDGET AND LEVY FOR 2003 Meyer expressed concern about the budget as it doesn't address the needs of everyone, especially the vulnerable. He would like dollars added to Music in the Parks, lifeguards, seniors, etc. While the other members of the Council agreed these programs are important, other basic needs of the City need to take priority. MOTION by Hanus, seconded by Osmek to adopt the following resolution. The following voted in favor: Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. 2 RESOLUTION NO. 02-116: RESOLUTION APPROVING THE FINAL 2003 GENERAL FUND BUDGET IN THE AMOUNT OF $3,837,750; SETTING THE LEVY AT $2,814,100; AND APPROVING THE FINAL OVERALL BUDGET FOR 2003. 4F. ADOPTION OF FEE SCHEDULE Hanus expressed concern about the $200 application fee for small Public Lands projects. This fee will be omitted from this schedule and researched further with regards to defining minor and major projects. MOTION by Hanus, seconded by Osmek to adopt the following resolution All voted in favor. Motion carried. RESOLUTION NO. 02-117: RESOLUTION ADOPTING FEE SCHEDULE 41. EXTENSION AGREEMENT WITH THE UNITED STATES POSTAL SERVICE Osmek indicated that when the extension was approved to December 15, the City gave them two months rent with no extra fee. He indicated that the proposed penalty is not enough. He suggested changing the one time payment from the proposed $2542.00 to $5,000. Hanus agrees with this change. It was decided that the payment from December 16 through January 5 should be between $4500 and $5000, which gives the City Manager some negotiating space. MOTION by Osmek, seconded by Hanus to approve extension of the Lease Agreement with the United States Postal Service, with the current lease from December 16, 2002 through January 5, 2003, for a one time payment of between $4500 and $5000, to be negotiated by the City Manager. All voted in favor. Motion carried. 4K. ACTION ON RENTAL SPACE IN THE DEPOT FOR USE BY THE WESTONKA HISTORICAL SOCIETY Hanus indicated that he's comfortable with the use of the Depot but expressed concern about liability. MOTION by Hanus, seconded by Osmek to approve the request and have Kennedy & Graven prepare a lease accordingly. All voted in favor. Motion carried. 5. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA None were offered. 6. CSAH 15 STREETSCAPE PLANS Bruce Chamberlain presented the schematic plans for CSAH 15 which will be done in cooperation with the Hennepin County CSAH Alignment Project. The schematic provides an opportunity to review the design as well as discuss preliminary estimated costs. Discussion followed regarding parking and landscaping for Commerce Place, the greenway, street lighting, stormwater ponds, municipal parking lot, park and ride lot, affected properties, the budget, etc. 3 Mound City Council Minutes - December 10, 2002 MOTION by Hanus, seconded by Osmek to approve the schematic design and have plans and specifications prepared. All voted in favor. Motion carried. MOTION by Hanus, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 02-118: RESOLUTION ORDERING PREPARATION OF REPORT ON IMPROVEMENT - CSAH 15 STREETSCAPE. 7. SEMI-ANNUAL REPORT OF BUILDING OFFICIAL MATT SlMONEAU Matt Simoneau presented a six-month update regarding activities in the Planning and Building Department. Highlights included in-house inspections and updated forms and public informational documents, along with an established schedule for office hours to provide improved customer service. He also presented a Projects List for 2003. The Council commended Simoneau for his six-month progress. Mayor Meisel requested a recess at 9:30 p.m. and the meeting reconvened at 9:40 p.m. 8. ACTION ON PROPOSAL FOR ADDITIONAL WORK PERTAINING TO WELL PROJECT John Cameron explained that additional water samples and testing were necessary for the well project. MOTION by Osmek, seconded by Hanus to authorize Tasks 1,2 & 3 for a total cost of $6,900, as outlined in the memo from Emmons & Olivier Resources, dated November 27, 2002. All voted in favor. Motion carried. 9. CHANGE ORDER FOR ADDITIONAL COSTS CONNECTED TO BALBOA LAND PURCHASE MOTION by Osmek, seconded by Hanus to approve the Change Order for Additional Costs Associated with Applying for MPCA Assurance Letters for Lots 23 through 28, Koehlers Addition, in the amount of $2,500. All voted in favor. Motion carried. 9A. POST OFFICE DEMOLITION RESOLUTION MOTION by Osmek, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 02-119: RESOLUTION REQUESTING ADMINISTRATIVE VARIANCE FROM STATE-AID RULE 8820.2800, SUBPART 2. S.A.P. 145-108-05 POST OFFICE DEMOLITION. 4 Mound City Council Minutes- December 10, 2002 10. ANNUAL STREET IMPROVEMENT PROJECT A. Draft #3 Street Reconstruction Assessment Policies Discussion followed regarding the proposed assessment policies, citing pros and cons of both. John Cameron will email the draft to Councilmembers for their suggested changes. This item will be continued to the January 14th meeting. B. 2003 Street Reconstruction Project MOTION by Osmek, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 02-120: RESOLUTION ORDERING PREPARATION OF REPORT ON 2003 STREET RECONSTRUCTION PROJECT 11. PUBLIC SAFETY BUILDING A. Update and Discussion on Bid Opening Miles Britz ($EH), Todd Christopherson (Amcon) and Greg Palm (Mound Fire Dept.) wee present to review the bids received for the public safety building. B. Action on Recommendations Christopherson reviewed the recommendations from the building committee. The committee was going to request funds from the contingency account to balance the project budget ($200.960) but has opted not to recommend this now to allow for additional value engineering measures to be undertaken. MOTION by Meyer, seconded by Hanus to: (1) Accept alternate 8 - change from natural stone to form liner stone and decrease construction cost by $61,228; (2) Aware precast concrete contract to Iow bidder, Hanson Spancrete in the amount of $723,334; and (3) Aware steel contract to apparent Iow bidder Thurnbeck Steel Fabricators in the amount of $108,054. All voted in favor. Motion carried. 12. SET JOINT MEETING WITH PLANNING COMMISSION MOTION by Hanus, seconded by Osmek to meet with the Planning Commission for a joint workshop, either on January 7 or January 27. All voted in favor. Motion carried. 12A. LIQUOR STORE MANAGER Hanson announced that the John Colotti has been offered the position of Liquor Store Manager, contingent on background check and other requirements being met. He will start sometime after the first of the year. 13. INFORMATION/MISCELLANEOUS A. Correspondence: LMCD B. Report: Mound Police Department- Nov 2002 C. Report: 2002 Operation Clean Sweep 5 D. Newsletter: Gillespie Center E. Letter: Metropolitan Council F. FYI: New liquor store construction agreement G. Memo: LMCIT insurance forecast H. Bob's Sleep Out- Meyer commented that this campaign finished last Saturday and raised $750,000 in pledges. 14. ADJOURN MOTION by Osmek, seconded by Hanus to adjourn at 10:45 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel