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2003-10-28MOUND CITY COUNCIL MINUTES OCTOBER 28, 2003 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, October 28, 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, City Planner Bruce Chamberlain, Chuck Alcon, Tom Stokes, Rick BIoomquist, Jim Dailey, Robin Caufman, Mary Hill Smith, Bill Moeller, Scott Dentz, Adam Gordon, John Seibert, Chris Anderson, Amy Cicchese-Lyon, Roger Whaley, Karla Humbert, John Knorr, Susie Retterath. 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 7:30 p.m. 2. PLEDGE OF ALLEGIANCE 3. APPROVE AGENDA Hanson requested the removal of Item 13, Proposed Amendments to the Administrative Code. This will appear on a later agenda. MOTION by Osmek, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 4. CONSENT AGENDA Meyer requested the removal if item 4C. MOTION by Brown, seconded by Osmek to approve the consent agenda as amended. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes from September 23, 2003 special meeting and October 14, 2003 regular meeting. B. Approve payment of claims in the amount of $1,045,667.96. C. (removed) Mound Council Minutes - October 28, 2003 D. Approve on-sale intoxicating liquor license for JDP, Inc., D.B.A. Dailey's Pub, contingent upon receipt of all fees, applicable forms, and certificates of insurance. E. RESOLUTION NO. 03-94: A RESOLUTION RELATING TO THE ASSESSMENT ROLL FOR IMPROVEMENT PROJECT (MOUND VISIONS 2ND ADDITION) 2002 - LEVY #15605 (HENN. CO. PROJECT #2295) 4C. APPROVE PURCHASE RECOMMENDED BY POSAC Meyer requested that this be pulled from the consent agenda for discussion because it is his feeling that money should not come from park dedication fees to install a water fountain at Weiland Park. He disapproves of use of park dedication fees for park amenities and interprets the state statute that park dedication fees should be only used for land acquisition, trail development, and more long term items. Osmek stated that the Parks and Open Space Commission unanimously approved this purchase and feels the park dedication funds are appropriate for this use, as does city staff and the city attorney. MOTION by Osmek, seconded by Brown to approve paying for the water fountain at Weiland Park out of the park dedication fund. The following voted in favor: Brown, Hanus, and Osmek. The following voted against: Meyer. Motion carried. 5. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITE~'.' NOT ON THE AGENDA None were offered. 6. ACTION AWARDING FENCING CONTRACT FOR PUBLIC SAFETY FACILITY MOTION by Osmek, seconded by Brown to award the fencing contract for the public safety building in the amount of $37,900, as recommended by ^mcon. All voted in favor. Motion carried. It was noted that the budget contained $60,000 for this item, but negotiations were made to get the necessary service for $37,900. The Council expressed gratitude to the persons involved for cutting costs wherever possible, to stay within budget. 7, MCES PUMPING STATION, BELMONT LANE/CSAH 15, REPORT BY MCE~ STAFF Adam Gordon of MCES gave a presentation to the council on the Mound Interceptor Improvement Project. The MCES is currently preparing a facility plan for improvements to the Mound interceptor system, involving two lift stations. One is located in downtown Mound at the intersection of Belmont Lane and Shoreline Drive (L25) and the other is at the old treatment works at the west end of Langdon Lake (L38). Discussion followed regarding the options of the MCES project. The City will facilitate future meetings with 2 Mound Council Minutes - October 28, 2003 the MCES and Mound Harbor Renaissance Development to attempt to coordinate the project with the downtown redevelopment. 8. MOUND HARBOR RENAISSANCE DEVELOPMENT A. Project Update Tom Stokes of Mound Harbor Renaissance Development, LLC, updated the Council on the proposed downtown redevelopment B. Request for Extension of Preliminary Development Agreement Earlier at the HRA meeting, Tom Stokes and David Newman requested an extension to the preliminary development agreement, on behalf of Mound Harbor Renaissance Development, LLC. They are requesting a 120 day extension for the purpose of negotiating a term sheet and preliminary developer's agreement. The HRA granted this extension. MOTION by Osmek, seconded by Brown to extend the preliminary developers agreement with Mound Harbor Renaissance Development, LLC, for 120 days with the following benchmarks: Within 60 days the financing structure outline and funding gap resolution must be completed; within 90 days the financing term sheet will be completed; and within 120 days the draft of the final developers agreement will be available. The Acting Mayor and City Manager are also authorized to execute the third amendment to the preliminary developer's agreement. All voted in favor. Motion carried. 9, ACTION ON DEVELOPMENT AGREEMENT FOR LANGDON TRAILS - LMB DEVELOPMENT~ LLC. 2241 SOUTHVIEW STREET Sarah Smith reviewed the development agreement, stating that the developer has requested the removal of the words "defend and" under 17B and the city attorney agrees with this revision. MOTION by Osmek, seconded by Brown to enter into the Development Agreement for Langdon Trails, with KMB Development, LLC, as amended. All voted in favor. Motion carried. 10. UPDATE ON OTORIZED SCOOTER USE Lieutenant McKinley informed the Council that motorized scooters are, by state statute, considered motorized vehicles and are thus prohibited on any public streets, sidewalks, and parks. They can only be operated on the private property. No action taken on this item. 3 Mound Council Minutes - October 28, 2003 11. ENGINEER'S REPORT A. Lost Lake Greenway Project John Cameron presented two quotes for dredging and disposal to remove additional material from the existing channel on the north end. This area of the turnaround has either silted in or not enough material was moved during the original project in 1998. MOTION by Brown, seconded by Osmek to approve the additional dredging, cost not to exceed $11,000. All voted in favor. Motion carried. B. WELL AND WELL HOUSE PROJECT Cameron reported that the new well appears to be a big producer. The well house will go out for bids this winter, with it being in full service by mid summer. He presented a change order for $5.00 which is the net deduct for furnishing the 18" diameter screen in lieu of a 12" diameter screen and gravel pack. MOTION by Brown, seconded by Osmek to approve Change Order No. 2, with Traut Wells, for $5.00. All voted in favor. Motion carried. C. GROVE LANE WATER QUALITY Residents of Grove Lane originally appeared before the Council on September 23, 2003, asking for help on resolving the problem of their water quality. John Cameron presented a report of his findings and possible solutions. He recommended that no action be taken at this time. The area of concern will be served primarily be the new well on Evergreen Road when it is put in service next summer. As a part of the well installation, water samples need to be tested and these tests results can be compared to previous tests from other areas of the City. If the new water source appears to be of better quality, then he suggest waiting to see if there is still a problem after the new well goes on line. If corrective action is still required, then cost estimates for the suggested solutions would be prepared and presented to the Council. The test results of the water are expected within 30 days. The residents will be informed when this topic will be on the agenda. 12. COMMUNITY DEVELOPMENT DIRECTOR'S REPORT Sarah Smith reported on three items, documentation of which are on file at City Hall. These items were: (A) 2003 final housing score from Met Council; (B) 2002-2003 ALOHA/Expenditure from Met Council; and (C) Twin Cities demographic data from Met Council. 13. (REMOVED) 4 Mound Council Minutes - October 28, 2003 14. INFORMATION/MISCELLANEOUS B. C. D. E. F. G. H. I. J. K. L. M. Letters: Homecoming parade Report: Harbor Wine and Spirits Newsletter: Lake Minnetonka Association Report: Finance Department Correspondence: LMCC Calendar: LMCC Letter: Grant award to PD Memo: SAC charges Newsletter: Mediacom Newsletter: Office of Secretary of State Correspondence: Westonka Healthy Community Collaborative Minutes: POSAC - Oct 9 Newsletter: Westonka Public Schools 25. ADJOURN MOTION by Osmek, seconded by Brown to adjourn at 9:25 p.m. All voted in favor. Motion carried. nnie Ritter, City Clerk Acting Mayor Mark Hanus 5