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2006-09-14 MOUND CITY COUNCIL MINUTES SEPTEMBER 14, 2006 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Thursday, September 14, 2006, 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, City Engineer Dan Faulkner, Dave Newman, Jason Hirdler, Cheryl Martin, Donna Smith, Catherine Pausche, Scott Eccles. 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 Meisel requested the addition of Item 4J, Application for Temporary 3.2 Beer License, and Item 4K, Resolution Authorizing issuance of Building Permit for Construction of (3) Lakeside Decks to Existing 4-Plex at 5036-5040 Enchanted Road as Provided in City Code chapter 350.420, Subd. 7. She also requested moving Item 10 to Item 6.1. 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, all voted in favor. Motion carried. A. Approve payment of claims in the amount of $372,928.96. B. Approve application to conduct excluded bingo for Mt. Olive Lutheran Church C. Approve public dance/live music permit application for Mound American Legion for Oktober Fest on September 16, 2006 ^ Mound City Council Minutes -September 14, 2006 D. Approve Payment Requests for Projects 1. Payment Request No. 4 to Chicago Bridge and Iron in the amount of $35,324.05 for the Chateau Lane Water Tower Project 2. Payment Request No. 1 to Magney Construction in the amount of $84,763.75 for the Well #3 Pump House Improvement Project 3. Payment Request No. 4 from Hardrives, Inc. in the amount of $464,327.81 for the 2006 Street Improvement Project E. Change Order No. 2 in the amount of $29,039.67 for the 2006 Street Improvement Project F. Approve Agreement for Professional Consulting Engineering Services with WSB & Associates for Lost Lake Dredge Project G. RESOLUTION NO. 06-100: RESOLUTION APPROVING FEASIBILITY REPORT, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISING FOR BIDS FOR 2006 STORM SEWER IMPROVEMENT PROJECT H. ORDINANCE NO. 18-2006: AN ORDINANCE AMENDING SECTION 300 OF THE CITY CODE AS IT RELATES TO THE BUILDING CODE I. RESOLUTION NO. 06-101: RESOLUTION FOR COOPERATIVE AGREEMENT FOR STORMWATER BEST MANAGEMENT PRACTICES FOR WOLNER BASEBALL FIELD PARKING LOT BETWEEN THE MCWD, THE CITY OF MOUND AND THE UPPER TONKA LITTLE LEAGUE, INC. J. Approve Temporary On-sale 3.2 Malt Liquor License for the American Legion for September 16, 2006. K. RESOLUTION NO. 06-102: RESOLUTION AUTHORIZING ISSUANCE OF BUILDING PERMIT FOR CONSTRUCTION OF (3) LAKESIDE DECKS TO EXISTING 4-PLEX AT 5036-5040 ENCHANTED ROAD AS PROVIDED IN CITY CODE CHAPTER 350.420, SUBD. 7. 5. Comments and suggestions from citizens present on any item not on the agenda. None were offered. 6. Approve Minutes MOTION by Osmek, seconded by Specht to approve the minutes of the August 22, 2006 regular council meeting. The following voted in favor: Osmek, Brown, Specht, and Beise. The following voted against: None. Mayor Meisel abstained from voting because she was absent from that meeting. MOTION by Osmek, seconded by Specht to reconsider the foregoing motion. All voted in favor. Motion carried. 2 Mound City Council Minutes -September 14, 2006 MOTION by Osmek, seconded by Specht to approve the minutes of the August 22, 2006 regular council meeting. The following voted in favor: Osmek, Specht, and Beise. The following voted against: None. Meisel and Brown abstained from voting because they were absent from the meeting. Motion carried. Meisel turned the meeting over to Acting Mayor Beise for the next item. 6.1. Update on Lost Lake Dredge Project with any necessary action John Dean reviewed the project to date, stating that the contractor for the project, Veit Companies, ended the dredge in Mid-March, and upon leaving the site the city conducted further inspections and concluded that the dredge was not to the depth that it was supposed to be. Veit disputed whether they failed to complete the contract. On a parallel track with talks with Veit, the city re-bid the project and received one bid. In the meantime an agreement has been reached with Veit to complete the project so the bid received should be rejected and then the issue with Veit can be considered. MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor with the exception of Meisel who abstained. Motion carried. RESOLUTION N0.06-103: A RESOLUTION REJECTING BID Dean recommends approving the settlement of the disputed claim with Veit and withdrawing the declaration of default. MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor with the exception of Meisel who abstained. Motion carried. RESOLUTION NO. 06-104: RESOLUTION APPROVING SETTLEMENT OF DISPUTED CLAIMS AND WITHDRAWING DECLARATION OF CONTRACTOR DEFAULT Mayor Meisel returned to preside over the meeting. 7. Budgets and Levies A. Preliminary General Budget and Preliminary Levy Hanson reviewed the budget process followed by Businaro giving an overview of the proposed preliminary budget. MOTION by Specht, seconded by Beise to adopt the following resolution. Discussion followed. Brown stated that he will vote in favor of the preliminary budget but feels there are additional cuts to be made. Osmek stated that he still has problems with one labor position in the Finance Department. The following 3 Mound City Council Minutes -September 14, 2006 voted in favor of the motion: Brown, Specht, Beise and Meisel. The following voted against: Osmek. Motion carried. RESOLUTION N0.06-105: RESOLUTION APPROVING THE 2007 PRELIMINARY GENERAL FUND BUDGET IN THE AMOUNT OF $4,850,878; SETTING THE PRELIMINARY LEVY AT $4,684,769; AND APPROVING THE PRELIMINARY OVERALL BUDGET FOR 2007. 6. Action on Resolution Approving HRA Levy MOTION by Osmek, seconded by Brown to adopt the following resolution. Osmek stated that he has never had a problem with spending money on redevelopment and that the maximum levy us needed to drive downtown development. Brown agreed that this drives downtown development and that is important and a good thing for the City. Meisel commented that the same scenario was before them last year and they wouldn't vote for it. Upon vote taken, all voted in favor. Motion carried. RESOLUTION NO. 06-106: RESOLUTION APPROVING THE LEVY OF A SPECIAL BENEFIT LEVY PURSUANT TO MINNESOTA STATUTES, SECTION 469.033, SUBDIVISION 6 BY THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MOUND 8. Action on Resolution Ordering Preparation of Feasibility Report on 2007 Street Reconstruction Project City Engineer Dan Faulkner reviewed the proposed project, stating that they are requesting to add Lost lake Road to the material they have. MOTION by Osmek, seconded by Brown to adopt the following resolution. all voted in favor. Motion carried. RESOLUTION NO. 06-107: RESOLUTION ORDERING PREPARATION OF REPORT ON 2007 STREET RECONSTRUCTION PROJECT Mayor Meisel stepped down and Acting Mayor Beise presided over the next item. 9. Action on Resolution Approving Sign Program for Entrance Monument for Villas on Lost Lake Sarah Smith presented the request, stating that the Planning Commission voted unanimously to approve the monument placement. She added that it is a very pretty sign. .- MOTION by Specht, seconded by Brown to adopt the following resolution. The following vote in favor: Osmek, Brown, Specht, and Beise. The following voted against: None. Meisel abstained from voting. Motion carried. 4 Mound City Council Minutes -September 14, 2006 RESOLUTION NO. 06-108: RESOLUTION APROVING SIGN PROGRAM FOR ENTRANCE MONUMENT FOR VILLAS ON LOST LAKE 10. (Moved to Item 6.1) 11. Miscellaneous/Corresaondence A. Reports: Liquor Store -August 2006 Finance Dept. -August 2006 Receipt of Gambling Funds from Mohawk Jaycees B. Announcement: Harbor Wine & Spirits Gala Wine Tasting Benefit C. Correspondence: Commendation to Officer Schoenherr Thank you from Tom Rockvam re Andrews Sisters Trail 12. Adjourn MOTION by Brown, seconded by Specht to adjourn at 8:25 p.m. All voted in favor. Motion carried. /'~~G- C i~C~ Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel 5