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2005-08-09 MOUND CITY COUNCIL MEETING AUGUST 9, 2005 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 9, 2005, at 7:30 p.m. in the council chambers of city hall. Members present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, John Beise, and David Osmek. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director Carlton Moore, Duane Norberg, Don Jones, Mary Hill Smityh, Robin Caufman, Nick Maata 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 Mayor Meisel called the meeting to order at 7:30 p.m. 2. Pledge of Allegiance 3. Approve Agenda Mayor Meisel requested the addition of Item 8A, 2005 Street Reconstruction Project Update, along with adding consent agenda items P,Q, and R. MOTION by Beise, seconded by Specht to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent Agenda MOTION by Brown, seconded by Osmek to approve the consent agenda. Upon roll call vote taken, all voted in favor. Motion carried. A. Approve minutes of the July 26, 2005 meeting. B. Approve payment of claims in the amount of $400,450.03. C. Approve temporary 3.2 Malt Liquor Permit for the Incredible Festival - September 9-11, 2005. D. Approve Public Dance/Live Music permit for Incredible Festival -September 10- 11, 2005. E. Approve Payment Request #4 from Magney Construction in the amount of $104,665.30 for Well #8 Project F. Award bid and bid-alternate to Pearson Brothers of Loretto for the 2005 Seal Coat program in amount of $26,584 with $1,600.00 add-alternate. Mound City Council Minutes -August 9, 2005 G. RESOLUTION NO. 05-112: RESOLUTION APPROVING A MINOR SUBDIVISION AND VARIANCES FOR THE PROPERTY LOCATED AT 4539 ISLAND VIEW DRIVE. P&Z CASE #05-42 AND 05-43. PID #30-117-22-21- 0001. H. RESOLUTION NO. 05-113: RESOLUTION APPROVING FRONT AND LAKESIDE SETBACK VARIANCES FOR THE CONSTRUCTION OF A LOWER LEVEL SCREEN PORCH/UPPER LEVEL DECK AND SOLARIUM FOR THE PROPERTY LOCATED AT 3106 PRIEST LANE. P8~Z CASE #05-40. PID #23-117-24-34-0075. I. ORDINANCE NO. 13-2005: ORDINANCE AMENDING CITY CODE CHAPTER 300 AS IT RELATES TO THE BUILDING CODE (TIMELINE FOR BUILDING CODE) J. Approve adoption of Foundation Survey Requirement Policy as presented on page 2313 of the council packet. K. RESOLUTION NO. 05-114: RESOLUTION TO AMEND RESOLUTION NO.05- 77 TO EXTEND TIMELINE FOR RECORDING OF SUBDIVISION EXEMPTION FOR DOCK PARCEL SUBDIVISION ASSOCIATED WITH PROPERTY LOCATED AT 3192 WESTEDGE BOULEVARD TO BE COMBINED WITH PROPERTY LOCATED AT 3166-3170 WESTEDGE BOULEVARD FOR 60 DAYS. PID #23-117-24-33-0002 AND 23-117-24-34-0059. L. RESOLUTION NO. 05-115: RESOLUTION TO AMEND RESOLUTION NO. 05- 49 TO EXTEND TIMELINE FOR RECORDING OF SUBDIVISION EXEMPTION FOR DOCK PARCEL SUBDIVISION ASSOCIATED WITH PROPERTY LOCATED AT 3061 WESTEDGE BOULEVARD FOR 60 ADDITIONAL DAYS. PID #23-117-24-33-0012. M. Approve temporary sign permit application for Our Lady of the Lake for the 2005 Incredible Festival. N. Authorize execution of Stipulation of Settlement Agreement for acquisition of easement for road and utility purposes on Dove Lane (District Court File CD- 2774) O. Set special meetings for Truth in Taxation Hearings for December 5, 2005 at 7:00 p.m., and December 12, 2005 at 7:00 p.m. for continuation if needed. P. Approve Change Order #1 for Response Actions at Lost Lake Dump and Maxwell Properties -City Project No. PW-05-11 -Barr Engineering Company. Q. Approve Payment Request #3 from Buffalo Bituminous for $233,805.40 for the 2005 Street Improvement Project. R. Approve Final Payment Request from Environmental Associates for $2,235.20 for the Lost Lake Greenway Project (bridge installation). 5. Comments and suggestions from citizens present on any item not on the agenda. Duane Norberg, 6015 Aspen Road, appeared before the Council to make them aware of unacceptable work yet to be repaired on his driveway and apron. This work was from the 2004 Street Reconstruction Project. Public Works Director Carlton Moore has sent 2 Mound City Council Minutes -August 9, 2005 notice to the contactor with a time frame to respond. Mr. Norbert was assured that this will be repaired. 6. Presentation of TBRA (Tax Base Revitalization Account) Grant for Soils Remediation -Lost Lake and Maxwell Sites, by Met Council Rep Marv Hill Smith Mary Hill Smith presented the City Council with a Certificate of Award for $221,000 (part of the 1.4 million grant). This grant is for soil remediation at the Lost Lake and Maxwell sites. Mayor Meisel turned the meeting over to Acting Mayor Osmek because of possible perceived conflict of interest regarding the next two items. 7. Action on Resolution Approving the Final Plat for Villas on Lost Lake Sarah Smith reviewed the final plat. Some discussion followed regarding the buffer between the commercial and residential areas. Smith stated that she is confident that the developer will provide adequate buffer in that area. MOTION by Brown, seconded by Specht to adopt the following resolution. The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained fro voting. Motion carried. RESOLUTION NO. 05-116: RESOLUTION GRANTING FINAL PLAT APPROVAL FOR THE VILLAS ON LOST LAKE. PID #13-117-24-34-0063, 13-117-24-33-0069, AND 13-117-24-34-0075. 8. Action on Subdivision Agreement with Mound Harbor Renaissance Development, LLC for Villas on Lost Lake John Dean handed out a supplement page for the agreement that deals with the memorandum of understanding, dealing whose responsibility it is to dredge and maintain channel, docks, etc. Meisel, acting as a citizen, approached the Council questioning what she heard, that the dock fees for these villas will be the same as other dock fees in the city program. She was under the impression that the fees for these docks would be different. Other Councilmembers were also under that impression. After lengthy discussion, John Dean stated that the fees don't have to be discussed at this point. The plat won't be recorded for some time and if the Council isn't comfortable with the provision dealing with the fees and allocation of costs they can lay it over and talk about it further. MOTION by Brown, seconded by Beise to approve the Subdivision Agreement with Mound Harbor Renaissance Development, LLC for Villas on Lost Lake, with the amendment handed out this evening by John Dean. .The following voted in favor: Brown, Specht, Beise and Osmek. The following voted against: None. Meisel abstained fro voting. Motion carried. 3 Mound City Council Minutes -August 9, 2005 Mayor Meisel returned to preside over the rest of the meeting. 8A. Update on 2005 Street Reconstruction Project Public Works Director Carlton Moore presented an update on the 2005 Street Reconstruction Project and answered presented questions. 9. Miscellaneous/Correspondence A. Questions and comments from Councilmembers: Mayor Meisel stated that at an earlier meeting the landscaping by the Church Street entrance to the medical clinic was discussed. The bushes there have been trimmed, but visibility there is still very poor. Moore will contact those responsible and have them remove what is currently there and have them replace them with something lower. B. Minutes: LMCD of June 22, 2005 and July 13, 2005. 10. Adjourn MOTION by Brown, seconded by Specht to adjourn at 8:45 p.m. All voted in favor. Motion carried. o Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 4