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2003-01-14MOUND CITY COUNCIL MINUTES JANUARY 14, 2003 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, January 14, 2003, 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, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, City Engineer John Cameron, Finance Director Gino Businaro, Liquor Store Manager John Colotti, Fire Chief Greg Pederson, Jeff Andersen, Steve Smith, Julie Luedke, Becky Glister, Robert Huffman, Michael Mueller, Betty Weiland, Todd Christopherson, Vern Hanson, Larry Olson, Steve Behnke, Geoff Michael, James Copher. Consent Agenda: Afl 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 AND PLEDGE OF ALLEGIANCE Mayor Meisel opened the meeting at 7:30 p.m., followed by the Pledge of Allegiance. 2, SWEARING IN OF COUNCILMEMBERS Mayor Meisel and Councilmembers Brown, Hanus and Osmek were sworn in. 3. SPECIAL RECOGNITION OF SERVICE FOR FRANK WEILAND MOTION by Osmek, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 03-01: RESOLUTION TO NAME NEWLY CREATED PARK IN THE METROPLAINS DEVELOPMENT, OUTLOT C, MOUND VISIONS 2ND ADDITION Mayor Meisel and all of the Councilmembers each gave a verbal tribute to Frank Weiland, followed by comments of appreciation and affection from Geoff Michael, Michael Mueller, Steve Smith, Greg Pederson & Jeff Andersen (Mound Fire Department), and James Copher (Post 398). Osmek presented the above resolution in a frame to Betty Weiland, along with concept drawings for the Frank W. Weiland park sign. 4. APPROVE AGENDA Meisel requested that items 1 lA and 1 lB be reversed. Hanson added the incumbent's names (Becky Glister and Jorj Ayaz) to item 8A, added 11.1, Change Order for Post Office Demolition, and added 12.1, Police Chief Selection Update. MOTION by Brown, seconded by Osmek to approve the agenda as amended. All voted in favor. Motion carried. 5. CONSENT AGENDA Meisel requested the removal of items D and G. Osmek requested removal of item A, Hanus asked removal of item L, and Meyer asked removal of item J. MOTION by Brown, 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 payment of December 24th claims in the amount of $388,876.70, and approval of January 14th claims in the amount of $384,667.66. C. RESOLUTION NO. 03-02: RESOLUTION APPOINTING GINO BUSlNARO, FINANCE DIRECTOR, ACTING CITY MANAGER FOR 2003. D. (removed) E. RESOLUTION NO. 03-03: RESOLUTION APPROVING THE PURCHASE OF AT LEAST A $20,000 BOND FOR THE CITY CLERK F. RESOLUTION NO. 03-04: RESOLUTION APPROVING THE PURCHASE OF AT LEAST A $20,000 BOND FOR THE CITY TREASURER/FINANCE DIRECTOR G. (removed) H. RESOLUTION NO. 03-05: RESOLUTION APPOINTING COUNCILMEMBER MARK HANUS AS ACTING MAYOR FOR 2003. I. RESOLUTION NO. 03-06: RESOLUTION APPOINTING JIM FACKLER AS ASSISTANT WEED INSPECTOR FOR 2003. J. (removed) K. Approve agreement and contract for building inspection services by Paul Waldron and Associates, Ltd. L. (removed) M. 1. Approve Payment Request #3 to Sunram's for $67,968.77, for the 2002 Retaining Wall Replacement 2. Approve Payment Request #3 to Dave Perkin Contracting, Inc., for $37,922.36, for the 2002 Storm Sewer Improvements 3. Approve Payment Request #4 to Doboszenski & Sons for $24,492.04 for Mound Visions 2nd Addition. 2 Mound City Council Minutes - January 14, 2003 5A. APPROVE MINUTES Hanus and Osmek requested changes on the draft of the minutes of December 10, 2002. MOTION by Hanus, seconded by Osmek to approve the minutes of the December 10, 2002 meeting as amended, the December 23, 2002 special meeting, and the December 31,2002 special meeting. All voted in favor. Motion carried. 5D. DESIGNATE OFFICIAL NEWSPAPER Mayor Meisel did not participate in discussion or voting on this matter because the Laker is a tenant in a building that she owns. MOTION by Brown, seconded by Osmek to adopt the following resolution. The following voted in favor: Brown, Hanus, Osmek and Meyer. Mayor Meisel abstained from voting. Motion carried. RESOLUTION NO. 03-07: RESOLUTION DESIGNATING THE LAKER AS THE OFFICIAL NEWSPAPER FOR 2003. 5G. DESIGNATE THE OFFICIAL DEPOSITORIES FOR 2003 Mayor Meisel did not participate in discussion or voting on this matter because she serves on the Board for Wells Fargo. MOTION by Osmek, seconded by Hanus to adopt the following resolution. The following voted in favor: Brown, Hanus, Osmek and Meyer. Mayor Meisel abstained from voting. RESOLUTION NO. 03-08: RESOLUTION DESIGNATING THE OFFICIAL DEPOSITORIES FOR 2003. 5J. APPOINTMENT OF COUNCILMEMBERS AS COUNCIL REPRESENTATIVES FOR 2003. Meyer requested that this be pulled from the consent agenda to recognize that Councilmembers serve on various board and commissions, which takes additional time and expressed his appreciation for everything they do. MOTION by Hanus, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 03-09: RESOLUTION APPOINTING COUNCILMEMBERS AS COUNCIL REPRESENTATIVES FOR 2003. Mound City Council Minutes - January 14, 2003 5L. RESOLUTION AMENDING 2003 FEE SCHEDULE - PUBLIC LANDS PERMIT Hanus suggested that when staff determines if a project on public lands is minor or major, they also determine if there is public benefit. He suggested not having a charge for a minor work (value less than $1000) and a fee of $200 for major (over $1000) if there is public benefit to the project. Brief discussion followed. MOTION by Hanus, seconded by Brown to adopt the policy that Public Lands Permits for minor work (value under $1000) have no fee associated with them, and that major (over $1000) have a $200 fee only the project has public benefit, and that the following resolution be adopted to accommodate the above fee. The following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. RESOLUTION NO. 03-10: RESOLUTION AMENDING FEE SCHEDULE 6. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ANY SUBJECT NOT ON THE AGENDA None were offered. 7. PUBLIC SAFETY BUILDING PROJECT A. Report by Construction Manaqer, Todd Christopherson. Todd Christopherson of Amcon presented an update to the Council. B. Bid Awards MOTION by Brown, seconded by Osmek to award the following bids. All voted in favor. Motion carried. Contract C-02 Contract C-08 Contract C-10 Contract C-16 Contract C-32 Contract C-33 Veit & Company, Rogers, $567,800. Concrete - Kelleher Const., of Burnsville - $466,872 (base bid $430,372 + alternate 8, $36,500) Masonry - Axel Ohman of Mpls - $160,000 (base bid $283,000 less alternate 8, $123,000) Doors, Frames, Hardware - Straughan Hardware of Mpls $47,233 Mechanical Const. - Allied Mechanical of Hutchinson - $613,650. Electrical Const.- Ridgedale Elec., Long Lake - $362,000 8. ACTION ON RECOMMENDATIONS FOR CITIZEN APPOINTMENTS TO COMMISSIONS MOTION by Osmek, seconded by Brown to make the following appointments. All voted in favor. Motion carried. A. Planning Commission - Greg Raines, Becky Glister and Jorj Ayaz. B. Docks & Commons Commission - Frank Ahrens and Gerald Jones 4 Mound City Council Minutes - January 14, 2003 9. APPOINTMENT TO FIRE DISTRICT STUDY GROUP Mayor Meisel recommends Bob Brown to serve on this study group, with Meisel serving as an alternate in Brown's absence. It was noted that the Fire Chief and City Manager also serve on this study group. MOTION by Hanus, seconded by Osmek to appoint Bob Brown to serve on the Fire District Study Group. All voted in favor. Motion carried. 10. CONSIDERATION/APPROVAL OF RESOLUTION TO APPROVE STRUCTURAL REPAIRS TO A NON-CONFORMING STRUCTURE PURSUANT TO 350.4207 SUBD. 8- ROBERT HUFFMAN Sarah Smith reviewed the request. Brown questioned if the Planning Commission should have considered this application before it came to the Council. Smith stated that the city code does not require this to go before the Planning Commission. It was requested that the procedure be investigated and clarified for the future. MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 03-11: RESOLUTION APPROVING STRUCTURAL REPAIRS TOA NON-CONFORMING STRUCTURE ON LOT 14, BLOCK 2, WHIPPLE SHORES AT 5124 TUXEDO BOULEVARD. 11. PLANNING COMMISSION RECOMMENDATIONS A. Case #02-41 - MetroPlains Development- Mound Marketplace Siqn Height Variance Smith explained that this variance request is for a 25' area identification sign for Mound Marketplace. Vern Hanson and Larry Olson from MetroPlains presented the proposed sign plans to the Council. After review, the Planning Commission voted 5 to 2 to recommend approval of the variance with the height reduced to 20'. Length discussion followed regarding the pros and cons of a sign of this nature in this location. MOTION by Osmek, seconded by Hanus to adopt the following resolution. The following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. RESOLUTION NO. 03-12: RESOLUTION APPROVING A HEIGHT VARIANCE TO ALLOW INSTALLATION OF AN AREA IDENTIFICATION SIGN AT MOUND MARKETPLACE - PID #14-117-24-44-0067, P&Z CASE #02-41. 5 Mound City Council Minutes- January 14, 2003 B. Case #03-02/03-03: Brenshell Homes/Mark Lee - 1975 Lakeside Lane, Minor Subdivision/Setback Variance. Steve Behnke, representing Brenshell Homes, addressed the council to discuss the utility trunk and connection charges for the subject property, as the existing parcel includes two original platted lots that were combined by a former owner. MOTION by Osmek, seconded by Brown to adopt the following resolution as amended. All voted in favor. Motion carried. RESOLUTION NO. 03-13: RESOLUTION APPROVING A MINOR SUBDIVISION AND (20) FOOT FRONT SETBACK VARIANCE FOR THE PROPERTY LOCATED AT 1975 LAKESIDE LANE, P&Z CASE #03-02 AND 03-03. C. Action on request by Mike Kramer for release of tax forfeited parcel. It was noted that the applicant was not present tonight, nor did he appear before the Parks Commission when this topic was discussed. MOTION by Osmek, seconded by Brown to table this item until the next meeting, with notice going to the applicant, asking him to appear. All voted in favor. Motion carried. 11.1 CHANGE ORDER FOR POST OFFICE DEMOLITION MOTION by Osmek, seconded by Hanus to approve Change Order #1 for the Post Office Demolition, in the amount of $6,930.00. All voted in favor. Motion carried. 12. EXECUTIVE SESSIONS A. Consideration of proposed settlement offer- Alfred & Lois Saqe- Westedqe Boulevard Improvement Assessment Upon returning from executive session, John Dean explained that he discussed with the Council, a propose settlement in the above stated matter. MOTION by Osmek, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 03-14: RESOLUTION AUTHORIZING SETTLEMENT OF PENDING LITIGATION B. Consideration of proposed settlement for land reqistration - Rohullah & Kristi Vedadhaqhi- Lot 82, Phelps Island Park First Division... Upon return from executive session John Dean explained that the city has given consent to allow registration of a parcel of land, conserving rights to the 15' utility easement. MOTION by Osmek, seconded by Hanus to authorize the Mayor and City Manager to sign the Assent to Registration, assenting to the application to register title to the subject property. All voted in favor. Motion carried. 6 Mound City Council Minutes - January 14, 2003 12.1 POLICE CHIEF SELECTION UPDATE Kandis Hanson updated the Council on the Police Chief selection process. The interviews are set for February 26th, with the public invited for input and to meet and interact with the candidates, at 6:30 p.m. 13. INFORMATION/MISCELLANEOUS A. Correspondence: LMCD B. Westonka Public Schools news C. Newsletter: Gillespie Center D. Article: State Budget Forecast E. Notice: Charitable Gambling donations F. Report: Five year Comparison Report of Utility Billing Delinquencnes G. Letter: Mediacom H. Letter: Mound Harbor Renaissance I. Letter: Hennepin County on redevelopment and the rail J. Newsletter: Brimeyer Group K. Update: Attorney's opinion on councilmember fundraising activities L. Letter: City of Orono to the City of Long Lake on fire services M. Article: Leadership N. AMM Fax News O. Update: Dreamwood Commons suit P. Report: Finance Department through Nov. 30 Q. Report: Fire Commission Meeting R. Report: Small Pox Vaccination S. Report: WAFTA meeting 14. ADJOURN MOTION by Brown, seconded by Hanus to adjourn at 10:22 p.m. Motion carried. All voted in favor. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel MOUND CITY COUNCIL MINUTES JANUARY 27, 2003 The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on Monday, January 7:00 p.m. in the council chambers of City Hall for the purpose of meeting with the Planning Commission to discuss the 2003 projects list. Members Present: Mayor Pat Meisel; Councilmembers Mark Hanus, David Osmek and Pete Meyer. Others Present: City Manager Kandis Hanson, Community Development Director Sarah Smith, City Planner Loren Gordon, Planning Commissioners Geoff Michael, Mike Mueller, Becky Glister and Jorj Ayaz 1. OPEN MEETING Mayor Meisel opened the meeting at 7:10 p.m. 2. DISCUSSION The meeting consisted of a dialog of questions and answers between the City Council, the Planning Commission and staff regarding a number of items including, the 2003 Planning Commission meeting schedule, the Planning Commissioner candidate selection process and prioritization of the 2003 special projects list for the Planning Commission. 3. ADJOURN MOTION by Hanus, seconded by Osmek, to adjourn the meeting at 10:00 p.m. All voted in favor. Motion carried. Attest: City Manager Kandis Hanson Mayor Pat Meisel '