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2003-03-25 CC Meeting Minutes MOUND CITY COUNCIL MINUTES MARCH 25, 2003 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 25, 2003, at 7:30 p.m. in the council chambers of city hall. Members Present: Acting Mayor Mark Hanus; Councilmembers Bob Brown, David Osmek and Peter Meyer. Members Absent: Mayor Pat Meisel Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, City Engineer John Cameron, Tom Stokes, Chuck Alcon, Ann Eberhart, Henry Lazniarz, Jeff Skelton, Robyn Kern, Greg Kenton, Marcie Felt, Richard Ambrose, Larry Overstreet, James Felt, Paul Larson, R. Lauer, Julian Hook, Don Geiger. 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 Acting Mayor Hanus called the meeting to order at 7:33 p.m. 2. PLEDGE OF ALLEGIANCE A moment of silence was observed in honor of the armed forces fighting in the Iraqi War, followed by the Pledge of Allegiance. 3. APPROVE AGENDA Brown requested the addition of 5A, Update by Mound Harbor Renaissance and John Cameron'requested the addition of 8A, Resolution for Easements for the Greenway Project. MOTION by Brown, seconded by Osmek to approve the agenda as amended. All voted in favor. Motion carried. 4. CONSENT AGENDA Hanus requested the removal of 4B, Payment of Claims. MOTION by Osmek, seconded by Brown to approve the consent agenda as amended. All voted in favor. Motion carried. A. Approve minutes of the March 4, 2003 special meeting and March 11,2003 regular meeting Mound City Council Minutes - March 25, 2003 B. (removed) C. RESOLUTION NO, 03-29 - FEE SCHEDULE D. App~rove increase of imprest funds in Police Department from $150 to $500 and in the Liquor Store from $925 to $1,500. E. Approve tree removal license for Shadywood Tree Experts of Minnetonka. F. Approve City Hall summer hours, effective Monday, May 19 through Friday, August 29: Monday-Thursday from 7:30 a.m. to 5:00 p.m. and Fridays from 7:30 a.m. to 11:30 a.m. 4B. APPROVE PAYMENT OF CLAIMS Hanus wants clarification on what fund should be charged for payment to the LMCD for the Lost Lake Dock Fee. He also asked about the payment for shoreline footage to MFRA, questioning of the dock fund was being reimbursed for the appropriate amounts. Hanson assured him that it would be allocated as directed. MOTION by Osmek, seconded by Brown to approve payment of claims in the amount of $305,952.89, minus the $250 to the LMCD until clarification is received. Upon roll call vote taken, all voted in favor. Motion carried. 5. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA. Jeff Skelton, 1770 Baywood Shores Drive, suggested that 110 be designated a four- lane road (as it's presently being used) from downtown to Three Points Boulevard. John Dean will talk to Hennepin County regarding this when he meets with them on another matter on Friday. 5A. UPDATE FROM MOUND HARBOR RENAISSANCE Tom Stokes updated the Council on business items and Chuck Alcon covered the technical issues. They will continue to update the council on a monthly basis. 6. PUBLIC SAFETY BUILDING PROJECT Don Geiger of Amcon reviewed the project schedule with the Council and informed them that the spancrete sample will be on display in the parking lot of the temporary fire station for two weeks. MOTION by Osmek, seconded by Brown to award the following contracts as recommended. All voted in favor. Motion carried. C-06 (Landscape)- Midwest Landscape - $57,112.00 C-07 (Irrigation) - Midwest Landscape - $11,999.00 C-15 (Metal roofing) - Specialty Systems - $116,083 (includes Base + Alt. 1 ) C-15A (Asphalt shingles) - Twin City Roofing - $31,500.00 (inc Base + Alt. 1 ) C-19 (Gypsum Board) Minuti-Ogle Co. - $99,200.00 2 Mound City Council Minutes - March 25, 2003 C-27 ......... C-27A (Access doors) - Bartley Sales - $405.00 C-27B (Plastic toilet compartments) - Construction Supply - $4,060.00 C-27D C-27E C-27F C-27G C-27H C-271 C-27K C-27L (Flag poles) - BMSl - $3,869.00 (Interior signage) - BMSI - $1,587.00 (Dimensional letters & plaques) - BMSI - $2,627.00 (Metal lockers) - BMSl - $14,713.00 (Fire protection specialties) - Construction Supply - $2,441.00 (Wash stall curtains) - Construction Supply - $770.00 (Toilet accessories & shower stalls) - Construction Supply - $6,777.00 (Kennels & animal shelters) - Construction Supply - $3,631.00 Total of Bartley sales contract - $405.00 Total of Construction Supply contract - $17,679.00 Total of BMSI contract - $28,916.00 7. PLANNING COMMISSION RECOMMENDATIONS 7A. Case #03-14/15 - Bill Stoddard (Minnetonka Enterprises) - Lots 5-8, Block 4, Replat of Harrison Shores - Minor Subdivision & Variances Sarah Smith reviewed the request for a minor subdivision and variances submitted by Bill Stoddard. Since the Planning Commission meeting the applicant has withdrawn his request for hardcover variance and has adjusted the site plans to meet the city's 30% requirement. In addition, the previous application considered at the February 28 Council meeting has been withdrawn so there is no need for action on Planning & Zoning Case #03-01. Julian Hook, representative for the applicant, addressed the Council stating the applicant is requesting approval of a minor subdivision and a variance to allow a 20-foot front yard setback. Another issue he would like addressed is the request to have the SAC and WAC charges waived. Hanus expressed concern over the likelihood that owners of these homes would be back before the Council in the future asking for lakeside deck variances. He would prefer this issue be addressed now. Hook stressed that the only thing the applicant is requesting now is a minor subdivision and front yard setback variance, and those are the only issues that should be addressed. MOTION by Osmek, seconded by Brown to adopt the following resolution as amended. All voted in favor. Motion carried. 3 Mound City Council Minutes - March 25, 2003 RESOLUTION NO. 03-30: RESOLUTION TO APPROVE THE REQUEST FROM WILLIAM STODDARD OF MINNETONKA ENTERPRISES FOR A MINOR SUBDIVISION/LOT REARRANGEMENT OF LOTS 5-8, BLOCK 4, REPLAT OF HARRISON SHORES, HENNEPIN COUNTY, MINNESOTA TO CREATE THREE (3) NEW LOTS AND FRONT YARD SETBACK VARIANCE TO ALLOW A 20-FOOT FRONT SETBACK. P & Z CASE #03-14 AND #03-15. PID #13-117-24-22-0046 PID #13-117-24-21-0050 PID #13-117-24-21-0051 PID #13-117-24-21-0052 With reference to the request to waive the SAC and WAC charges, John Dean informed the Council that the existing policy is that there is a $1500/utility/Iot trunk charge. If they want to depart from that there needs to be action, otherwise nothing is required. No action was taken. 7B. Action on Case #03-01 - Request for Front Yard Variances for Lots 5-8, Block 4, Replat of Harrison Shores, and Lot Area Variances for Lots 5-7, Block 4, Replat o[ Harrison Shores. This request was withdrawn as earlier noted. 7C. Case #03-07- Henry & Gino Lazniarz - 2954 Oaklawn Lane - Minor Subdivisior, Sarah Smith reviewed the request, stating that the Planning Commission unanimously approved the request at their meeting of March 3, 2003. Greg Kenton, 5964 Idlewood Road, neighbor to the east, expressed his concern over drainage because the storm sewers already overflow with heavy rain. John Cameron responded that this issue will be handled when the building permits are issued, and they have the grading for the house. In addition existing infrastructure will be looked at to see if it is adequate. MOTION by Brown, seconded by Hanus to adopt the following resolution, adding that the grading and drainage must be approved by the City Engineer when the building permit is applied for. All voted in favor. Motion carried. RESOLUTION NO. 03-31: RESOLUTION APPROVING A MINOR SUBDIVISION FOR THE PROPERTY LOCATED AT 2954 OAKLAWN LANE, PID #23-117-24-31-0003, P & Z CASE #03-07. **ITEM 12 WAS INSERTED A T THIS TIME** 4 Mound City Council Minutes - March 25, 2003 12. CLOSED MEETING ON JOHN ANDERSON~ ET AL. SUIT~ ON DREAMWOOD COMMONS City Attorney John Dean recommends going into closed session to hear a report from the City's legal counsel regarding the Dreamwood Addition. The Council went into closed session at 9:13 p.m. The Council reconvened at 9:50 p.m., with John Dean stating that the meeting was concluded with legal counsel, George Hoff, where discussion on the status of the case took place and direction from the Council was received. 8. ACTION AUTHORIZING AGENCY AGREEMENT NO. 84208 WITH COMMISSIONER OF TRANSPORTATION FOR GREENWAY PROJECT MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO, 03-32: RESOLUTION AUTHORIZING AGENCY AGREEMENT NO. 84208 WITH THE COMMISSIONER OF TRANSPORTATION, 8A. EASEMENTS FOR GREENWAY PROJECT MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 03-33: RESOLUTION AMENDING RESOLUTION NO. 03-28, TITLED: RESOLUTION GIVING AUTHORIZATION TO GRANT PERMANENT EASEMENTS FOR CONSTRUCTION OF LOST LAKE GREENWAY (TRAIL, LANDSCAPING AND PIER WITH DOCKS) 9. CONSIDERATION OF PROPOSED FIRST AMENDMENT TO THE RIGHT-OF- WAY AGREEMENT WITH HENNEPIN COUNTY FOR THE REALIGNMENT OF CSAH 15. John Dean explained that the reason for this action is to comply with the provisions of a bill before legislation. If this action isn't taken before May 1, the City can't sell bonds to finance projects outside the levy limits of the City. MOTION by Meyer, seconded by Osmek to approve the First Amendment to the Right- of-Way Agreement with Hennepin County for the Realignment of CSAH 15, such amendment stating: The City agrees that it is obligated to pay for its share of construction of the Project in the amount of $630,000.00, or such lesser or greater amount as may be determined in a separate construction agreement between the parties; and that the City intends to make such payments from the proceeds of general obligation bonds. All voted in favor. Motion carried. 5 Mound City Council Minutes - March 25, 2003 10. WELL NO. 8 PROJECT A. Purchase Aqreement for Land John Cameron explained that this item will be ready for the next Council meeting, as the agreement is in the hands of the City Attorney and the homeowner's attorney and both are reviewing. B. Action on Plans and Specifications and Settinq a Bid Date MOTION by Osmek, seconded by Brown to approve the plans and specifications as presented and set the bid date for April 30, 2003, at 10:30 a.m., for Municipal Well No. 8. All voted in favor. Motion carried. 11. APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2003 STREET RECONSTRUCTION PROJECT MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 03-34: RESOLUTION APPROVING PLANS AND SPECIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2003 STREET RECONSTRUCTION PROJECT 12. (moved up on agenda, after item 7) 13. ANNUAL REPORT FOR CITY CLERK'S OFFICE BY BONNIE RITTER Bonnie Ritter presented the 2002 Annual Report, which is on file in the office of the City Clerk. 14. ACTION SETTING SPECIAL MEETING ON 2003 BUDGET AND POTENTIAl REVENUES MOTION by Osmek, seconded by Brown to set a special meeting on 2003 Budget and Potential Revenues for May 6, 2003, at 6:30 p.m. All voted in favor. Motion carried. 15. INFORMATION/MISCELLANEOUS A. LMC Friday Fax B. Minutes: POSAC-March 13, 2003 C. Minutes: DCAC- March 20, 2003 D. Minutes: Mound Harbor Renaissance E. Letter: Signal at Three Points Boulevard F. Letter: Judicial District Court G. Newsletter: Metropolitan Council H. Newsletter: Ehlers Advisor I. Correspondence: LMCD J. Report: Police Department- February 2003 K. Correspondence: Westonka Healthy Community Collaborative L. Newsletter: Congressman Ramstad 6 Mound City Council Minutes - March 25, 2003 16. ADJOURN MOTION by Osmek, seconded by Brown to adjourn at 10:11 p.m. All voted in favor. Motion carried. ~erk~~tt~r Acting Mayor Mark Hanus