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2006-09-26^ MOUND CITY COUNCIL MINUTES SEPTEMBER 26, 2006 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Thursday, September 26, 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, Parks Superintendent Jim Fackler, Finance Director Gino Businaro, Jason Hirdler, Cheryl Martin, Bill Garrity, Mike Mueller, Rod Maccharles, Virginia MacCharles, Malcolm MacCharles, Scott Qualle, Ray Salazar, Amanda Schwarze, Michael Reed, Kelly Lange, Bill Cook. 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 Kandis Hanson requested the removal of Item #11 from the agenda, as it will be considered at a later meeting. MOTION by Osmek, seconded by Specht to approve the agenda as amended. All voted in favor. Motion carried. 4. Consent Agenda MOTION by Brown, seconded by Specht to approve the consent agenda. Upon roll call vote, all voted in favor. Motion carried. A. Approve minutes of September 7, 2006 special meeting, September 7, 2006 budget workshop, and September 14, 2006 regular meeting B. Approve payment of claims in the amount of $524,726.25. C. Set special meeting for Budget Workshop for November 21, 2006, from 6:30 p.m. to 9:00 p.m. D. Approve Final Payment Request from Environmental Associates in the amount of $20,836.00 for the Lost Lake Greenway Project Mound Council Minutes -September 26, 2006 E. Approve change Order No. 3 from Hardrives, Inc. to add an additional 43 calendar days to the contract time for the 2006 Street Improvement Project F. RESOLUTION NO. 06-109: RESOLUTION TO APPROVE REQUEST FROM ROD MACCHARLES AND MALCOLM MACCHARLES FOR WAIVER OF PLATTING AND VARIANCE APPROVAL FOR PROPERTY LOCATED AT 6557 BARTLETT BOULEVARD TO CREATE TWO (2) LOTS. PID #22-117-24-44-0031 5. Comments and suggestions from citizens on anv item not on the a enda. - None were offered. 6. Public Hearing Planning Case #05-77 and 05-78 -Street Vacation -Portions of unimproved Waterbury Place and Windsor Road -Applicant: Bill Garrity Sarah Smith reviewed the application to vacate a portion of unimproved Waterbury Place and Windsor Road, which are adjacent to the applicant's property located at 4944 Island View Drive. The hearing was opened on August 22nd, and continued to this date. It is recommended by staff and the Planning Commission that all property in the ROW between 929.4 OHWM and 931.5 elevation be retained to retain the shoreline for the docks program, and a 12' easement be maintained over Windsor Place for future access and/or maintenance, along with other conditions noted in the proposed resolution. The public hearing was continued at 7:43 p.m. Mike Mueller, on behalf of the applicant, spoke to the council asking what the reason is for the city to retain a 12' easement over Windsor Place. Fackler answered that it may be needed for tree removal, rip-rap or other maintenance. Bill Garrity, the applicant, also questioned the need for the easement. Upon no further comment, the public hearing was closed at 7:52 p.m. MOTION by Osmek, seconded by Beise to adopt the following resolution. Brown requested a friendly amendment, being that the resolution be approved with the removal of the provision for the 12' easement. Osmek did not accept this amendment. The following voted in favor of said motion: Osmek, Specht, Beise and Meisel. The following voted against: Brown. Motion carried. RESOLUTION NO. 06-110: RESOLUTION TO APPROVE THE VACATION OF A PORTION OF UNIMPROVED WATERBURY PLACE AND WINDSOR PLACE ADJACENT TO PROPERTY LOCATED AT 4944 ISLAND VIEW DRIVE 2 ^ Mound Council Minutes -September 26, 2006 7. Building Official Update and Presentation from Waldron & Associates, LTD Scott Qualle, President of Waldron & Associates, LTD, gave a brief history of his firm, stating that his firm has been doing the inspection services for the City of Mound since January of 2005. He updated the Council on the scope of their services and invited them to visit their offices in Waconia, or to accompany his staff when they are performing inspections in the City of Mound. 8. Capital Plan Update from Representative of Metropolitan Council Environmental Services Bill Cook of MCES reviewed the projects that they are anticipating. He also presented a schedule for upcoming infrastructure improvements. They will be having a public information meeting in mid-October, followed by a public hearing sometime mid-November. These dates will be coordinated with the City Manager. 9. 2006 Street Reconstruction Project A Action on Resolution Declaring Cost to be Assessed, and Ordering Preparation of Proposed Assessment. MOTION by Osmek, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-111: RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT ON 2006 STREET RECONSTRUCTION PROJECT B Action on Resolution Setting Hearing on Proposed Assessment MOTION by Brown, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 06-112: RESOLUTION SETTING HEARING ON PROPOSED ASSESSMENT FOR 2006 STREET RECONSTRUCTION PROJECT 10. Action on Recommendation for Rip-Rap on Idlewood Access Fackler explained that there was $30,000 budgeted for rip-rap. He obtained quotes for the Idlewood access and they ranged from $13,000 to $19,000. Included in this is tree and stump removal. A storm drain will also have to be extended, and the cost for this will come from the stormwater fund. MOTION by Osmek, seconded by Brown to approve the Idlewood access rip-rap project, with cost not to exceed $19,000 and including a payback out of the stormwater and Public Works fund for any additional costs incurred due to the stormwater drainage issue. All voted in favor. Motion carried. 3 Mound Council Minutes -September 26, 2006 11. (removed from agenda) 12. Miscellaneous/Corresaondence A. Comments/reports from Councilmembers -Bob Brown announced that Thursday evening at Parade Stadium there will be aBest-of-the-Best canine demonstration that is open to the public. Mound's canine, Regan, will not be entered due to his young age. B. Reports: Mound Crime Prevention minutes - 9/29/05 C. Announcements: HW&S Gala Wine Tasting - 10/12/06 D. Correspondence: LMCC Calendar 13. Ad'ourn MOTION by Brown, seconded by Osmek to adjourn at 8:46 p.m. All voted in favor. Motion carried. '7 t -~2~yL~ G L~.P Attest: Bonnie Ritter, City Clerk Ma or a M isel 4