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2004-02-24MOUND CITY COUNCIL MINUTES FEBRUARY 24, 2004 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, February 24, 2004, 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, City Engineer John Cameron, Vern Brandenberg, David Sutton, Rick Bloomquist, Grant Johnson 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 carl 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 - PLEDGE OF ALLEGIANCE Mayor Meisel called the meeting to order at 7:30 p.m. followed by the Pledge of Allegiance. 2. APPROVE AGENDA Meyer requested the addition of Item 9L, Citizen Recognition Meisel requested the addition of item 3N, Approval of Garbage and Refuse Collection Licenses. MOTION by Osmek, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. 3. CONSENT AGENDA Meisel requested the removal of Item 3F for discussion and Meyer requested the removal of item 3L, MOTION by Hanus, seconded by Brown to approve the consent agenda with the exception of item 3F and 3L. Upon roll call vote, all voted in favor. Motion carried. A. Approval of minutes of February 10, 2004. B. Approve Payment of Claims in the amount of $344,520.86. C. Approve final payment to Traut Wells for Municipal Well No. 8 in the amount of $4,424.81. D. Approve Payment Request No. 5 to Valley Paving for 2003 Street Reconstruction Project, in the amount of $38,701.53. E. Approve Appointment to Park & Open Space Commission of Mark Mason. Mound City Council Minutes - February 24, 2004 F. (removed) G. RESOLUTION NO. 04-27: RESOLUTION APPROVING A PREMISES PERMIT RENEWAL APPLICATION FOR THE VFW POST #5113 H. RESOLUTION NO. 04-28: RESOLUTION APPROVING A PREMISES PERMIT RENEWAL APPLICATION FOR THE AMERICAN LEGION POST 398 I. Approve Public Gathering Permit for Gander Mountain Invitational Bass Tournament: June 19, 2004 at Mound Bay Park. J. Approve agreement for disposal between NRC Processing Solutions, LLC and the City of Mound. K. RESOLUTION NO. 04-29: RESOLUTION AUTHORIZING SUBMITTAL OF 2004 GRANT APPLICATION FOR RECYCLING AND EXECUTION OF GRANT AGREEMENT L. (removed) M. RESOLUTION NO. 04-30: RESOLUTION APPROVING THE TERMS OF $50,000 INTERNAL LOAN N. Approve Garbage and Refuse Collection Licenses for BFI Waste Systems, Randy's Sanitation, and Waste Management Systems, contingent upon receipt of all forms, fees and certificates of insurance. 3F. CONTINUATION OF CDBG FUNDING OF WESTONKA COMMUNITY ACTION NETWORK (WeCAN) Vern Brandenberg, Director of WeCAN, presented the Council with statistics from the last year. David Sutton expressed appreciation to the Council for the cooperative effort and invited them to visit their new office on Commerce Blvd. MOTION by Osmek, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 04-31: RESOLUTION RECOMMENDING CONTINUATION OF CDBG FUNDING OF WESTONKA COMMUNITY ACTION NETWORK (WeCAN) 3L. APPROVE EXPENDITURE OF $357000 FOR PLAY STRUCTURE AT HIGHLAND PARK Meyer stated that he doesn't agree with spending park dedication dollars, approximately 20% of the entire fund, for something with a life expectancy of about 15 years. He believes that park dedication funds should be used for land acquisition or trail development. Meisel commented that the Parks Commission voted unanimously in favor of this expenditure and is taking this recommendation. Also, with all of the development going on, the fund will be replenished. Brown stated that he doesn't believe that taxpayers should be asked to pay for this equipment when there is already money available in the park dedication fund. Osmek clarified that the park dedication funds come from fees that are paid when subdivisions are approved and this fund will be replenished. Hanus stated that there are no funds available in the city budget for a play structure, and the only way this will be purchased 2 Mound City Council Minutes - February 24, 2004 is through the park dedication fund, which is better than the alternative of letting the present equipment deteriorate to the point of creating a liability. MOTION by Brown, seconded by Osmek to authorize $35,000 from the Park Dedication Fund, to pay for the replacement of the Highland Park Play Structure. The following voted in favor: Brown, Hanus, Meisel and Osmek. The following voted against: Meyer. Motion carried. 4. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT ON ANY ITEM NOT ON THE AGENDA - None were offered. 5. ACTION ON RESOLUTION APPROVING FINAL PLANS AND SETTING BID DATE FOR 2004 STREET RECONSTRUCTION PROJECT MOTION by Osmek, seconded by Hanus to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 04-32: RESOLUTION APPROVING PLANS AND SPECEIFICATIONS AND ORDERING ADVERTISEMENT FOR BIDS FOR 2004 STREET RECONSTRUCTION PROJECT 6. ACTION ON RESOLUTION ORDERING FEASIBILITY STUDY AND SETTING PUBLIC HEARING FOR 2004 RETAINING WALL PROJECT John Cameron explained that in order to do more retaining walls according to {}429, 20% of the project has to be assessed. Since these retaining walls are not assessed it will be combined with the 2004 Street Reconstruction Project. Kandis Hanson explained that about five years ago a study was done that shows the manner in which retaining walls were installed years ago in the City made them the obligation of the City. They were created to facility street reconstruction so, therefore, the city is obligated for their long term maintenance, even if they are on private property. MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 04-33: RESOLUTION ORDERING PREPARATION OF PRELIMINARY REPORT ON RETAINING WALL IMPROVEMENT PROJECT 2004. 7. UPDATE ON AGREEMENT WITH METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES) FOR LIFT STATION REMOVAL Mayor Meisel stated that she has a draft letter dated December 3, 2003, that constituted a preliminary agreement with MCES for the lift station project. When an update of this letter dated February 3 was received, it was totally different than what was originally agreed to, both for the temporary and permanent lines. She met today with Mary Hill Smith and Bill Moeller of MCES and believes things are now worked out that will satisfy the hotel development. She will know on Monday, March 1st when she gets the letter 3 Mound City Council Minutes - February 24, 2004 back, if the schedule for both the permanent and temporary lines are what is acceptable for the hotel development project. Rick Bloomquist thanked the Council for their cooperation and a definite date for another meeting the week of March 1 st will be scheduled, 8. EXECUTIVE SESSION PERTAINING TO LABOR NEGOTIATIONS At 8:20 p.m., Mayor Meisel stated that the Council will go into executive session to discuss strategy for labor negotiations. The Council reconvened at 8:55 p.m. and Mayor Meisel stated that as a result of the executive session, the City Manager has been given direction as to how to proceed with union negotiations. INFORMATION/MISCELLANEOUS A. Correspondence: Westonka Healthy Community Collaborative B. Report: Harbor Wine and Spirits C. Correspondence: LMCD D. Newsletter: Gillespie Center E. Letter: Mediacom F. LMC: Friday Fax G. Letter: Northwest Tonka Lions Club H. Report: Finance Dept- Prelim Dec 2003 & Jan 2004 I. Newsletter: Hennepin County J. FYI: Charitable gambling contribution by American Legion K. Letter: Hennepin County re MCWD L. Peter Meyer requested to acknowledge his wife, Jackie, on their 25th Wedding Anniversary. 10. ADJOURN MOTION by Osmek, seconded by Hanus to adjourn at 8:59 p.m. All voted in favor. Motion carried. Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 4