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2010-03-09 CC Meeting MinutesMOUND CITY COUNCIL MINUTES MARCH 9, 2010 The City Council for the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 9, 2010, at 7:30 p.m. Members present: Mayor Mark Hanus; Councilmembers David Osmek, Ray Salazar, Heidi Gesch, and Greg Skinner. Others present: City Attorney Melissa Manderschied, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Ken Perbix, Scott Quale, Chad Dipman. Consent agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event it will be removed from the Consent Agenda and considered in normal sequence. 1. Open meeting Mayor Hanus called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve agenda Hanson requested the addition of Item 4K, Applications for Exempt Permit and Conduct Excluded Bingo by Fire Department Auxiliary. MOTION by Osmek, seconded by Salazar to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent agenda Skinner requested the removal of Items 4D(1) and (3), and 4F for discussion, and Osmek requested the removal of Item 4C for discussion. MOTION by Osmek, seconded by Salazar to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. Approve claims of February 23, 2010 in the amount of $357,369.17 and the claims of March 9, 2010 in the amount of $429,947.82. B. Approve Pay Request No. 2 (Final) by Terra General Contractors for the Historic Well House Extension Renovation Project, in the amount of $29,327.27. C. (removed) D. Approvals for the Spirit of the Lakes Festival with fee waivers 1. (removed) 2. Application for Permit for a 2 -day temporary on -sale liquor license for Mound Crime Prevention Association for July 16 & 17 3. (removed) 4. Parade permit E. RESOLUTION NO. 10 -13: RESOLUTION REGARDING GRANT FOR IMPROVING ACCESS TO POLLING PLACES F. (removed) Mound City Council Meeting — March 9, 2010 G. RESOLUTION NO. 10 -14: A RESOLUTION ADOPTING THE MOUND COMPREHENSIVE PLAN H. Approve Mobile Data Computer (MDC) Amendment to the Communications System Subscriber Agreement I. Approve Applications for Our Lady of the Lake — "The Blast" 1. Public Dance /Live Music permit 2. 1 -day temporary on -sale liquor license for May 22, 2010 J. Set special joint meeting of the cities on Lake Minnetonka regarding proposed rule changes by Minnehaha Creek Watershed District — March 17, 2010 at 7:00 p.m. at the Public Safety Facility K. Approve Application for Exempt Permit and Application to Conduct Excluded Bingo from the Mound Fire Department Auxiliary. 4C. Mound Street Lighting Upgrade Project — accepting bid Osmek stated he has questions and is not ready to move forward on this item tonight. He asked if the $70,000 city match, to come from MSA funds, is available, and how much money is actually in that fund. Hanson stated that all bids came in high, which is typical when bidding a project tied to stimulus funds. Osmek stated that if staff is indicating that the city's is being played, maybe all of the bids should be rejected and re -bid. Hanus also stated that there is clarification needed on these questions before any action can be taken. Osmek clarified what information the Council needs to make a decision on this topic: He's looking for the status of our current MSA fund; If it is anticipated that the entire Mound portion would be funded from the MSA account; also the engineer's opinion on the City being overpriced to the tune of a 25% overbid mark -up, and if there is any justification for the 25% mark -up. MOTION by Osmek, seconded by Salazar to table this item to a future meeting. All voted in favor. Motion carried. 4D.(1 and 3) Spirit of the Lakes Permit Approvals Skinner does not approve of waiving the fees for the public gathering permits and the public dance /live music permit. MOTION by Osmek, seconded by Salazar to approve the Public Gathering Permits for July 15,16,and 17,and to approve the Public Dance /Live Music Permit for July 16 & 17, for the Spirit of the Lakes Festival, with fees being waived. The following voted in favor: Osmek, Salazar, Hanus and Gesch. The following voted against: Skinner. Motion carried. 4F. Approve elimination of Capital Reserve Fund within the Dock Fund Skinner asked why $75,000 in the reserve fund would be transferred to the Dock Fund. Osmek stated that all the money is staying in the Dock Fund, there would just not be separate designation for the Capital Reserve Fund anymore. The budget numbers don't change. MOTION by Osmek, seconded by Salazar to eliminate the Capital Reserve Fund with the Dock Fund. All voted in favor. Motion carried. Mound City Council Meeting — March 9, 2010 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Scott Quale of MnSpect, Inc. with quarterly presentation — "How Building Permit Fees are Calculated" Scott Quale of MnSpect, Inc., the City's contracted building inspector, reviewed the building permit fees and went through a scenario of how a building permit fee is calculated. No action required on this item. 7. Twin Cities Habitat for Humanity as an acceptable builder for `First Look Program' Manderschied explained that Twin Cities Habitat for Humanity is looking for the City Council to state to the Twin Cities Community Land Bank that Mound supports the participation of Habitat, working in cooperation with Episcobuilders, in the National Community Stabilization Trust's First Look Program so that Habitat can obtain priority access to foreclosed properties located within the 55364 zip code of the City. The City would reserve the right to provide the Twin Cities Community Land Bank with community standards that would be applicable to Habitat's work in the City and that would be enforced by the Twin Cities Community Land Bank on behalf of the City. MOTION by Osmek, seconded by Gesch to approve sending the letter as presented in draft form, with the addition that the city reserves the right to rescind approval at any time, and that they can only govern that part of the 55364 zip code that is within the city limits of Mound. All voted in favor. Motion carried. 8. Proposed amendment to Planning Commission Work Rules Hanson stated in the absence of Sarah Smith, she is requesting that the Council amend the Planning Commission work rules regarding the definition of a quorum. Right now there are three vacancies on the nine - member commission, leaving six active members. The work rules state that a quorum is five, so as it now stands, if more than one member is absent, there is not a quorum present. MOTION by Osmek, seconded by Salazar to amend B4 of the Planning Commission Work Rules to read as follows: A majority of current members shall constitute a quorum. In the absence of a quorum, the minority shall adjourn any item of business requiring official Commission action, to a specified time. All voted in favor. Motion carried. 9. Approve minutes MOTION by Osmek, seconded by Gesch to approve minutes of the February 9, 2010 meeting. The following voted in favor. Osmek, Salazar, Hanus and Gesch. The following voted against: None. Skinner abstained from voting because he was absent from that meeting. Motion carried. 10. Information /Miscellaneous A. Comments /reports from Councilmembers/ City Manager Hanus stated that he would like Councilmembers to come to the next meeting with their thoughts on where they want to see the 2011 budget, in general. This is similar to what they did last year. Mound City Council Meeting - March 9, 2010 Osmek stated that he is involved with the Beyond the Yellow Ribbon program that was presented at an earlier meeting, and will keep the Council updated on their activities. B. Reports: Finance Dept. — February 2010 C. Minutes: None D. Correspondence: Kennedy & Graven on Suburban Rate Authority Gillespie Gazette Ory Burma resignation from Planning Commission Senator Paulson's FY 2011 appropriations forms for Project 1 of 2 (Lakeside Trailhead Construction at Gillespie Center) and Project 2 of 2 (Public Infrastructure and Streetscaping for Mound's Transit Oriented Redevelopment), submitted 2/19/10 Senator Klobuchar's FY 2011 appropriations forms for Project 1 of 2 (Lakeside Trailhead Construction at Gillespie Center) and Project 2 of 2 (Public Infrastructure and Streetscaping for Mound's Transit Oriented Redevelopment), submitted 2/19/10 Westonka Foodshelf'Human Chain Event': March 26, 1:00 Mound Farmers' Market & More flier 11. Adjourn MOTION by Gesch, seconded by Salazar to adjourn at 8:23 p.m. All voted in favor. Motion carried. X ." - Mayor Mark Hanus Attest: Bonnie Ritter, City Clerk G