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1996-02-13Minutes - Mound City Council February 13, 1996 MINUTF~ - MOUND CITY COUNCIL MEETING - FEBRUARY 13, 1996 The City Council ol3 Mound, Hennepin County, Minnesota, met in regular session on Tuesday, February 13, 1996, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Persons in attendance: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen. Phyllis Jessen was absent and excused. Also present were: City Manager Ed Shulde, City Attorney Curt Pearson, Public Works Superintendent Greg Skinner, Fire Chief Steve Erickson, Parks Director Jim Fackler, City Engineer John Cameron and Acting City Clerk Linda Strong. The following citizens were also in attendance: Tracy Ingram, Steve Briggs, Brian and Debi Schultz, Tom Stokes, Todd Westlund, Kurt Berglund, Jerome Trevis, Tom Hawley, Debbie and Steve Grand, Phil Klein, Tom Aune and Ron Moore. The Mayor opened the meeting and welcomed all in attendance. The Pledge of Allegiance was recited. 1.1 RECYCLOTTO WINNER. Mayor Polston stated that Jacqueline Froehle had already received her 300 Westonka Dollars for recycling. 1.2 APPROVE THE MINUTES OF JANUARY 23, 1996 REGULAR MEETING, MOTION by Hanus, seconded by Ahrens and carried unanimously to approve the Minutes of the January 23, 1996 regular City Council meeting. 1.3 APPROVE MINUTES OF JANUARY 30, 1996 SPECIAL MEETING. MOTION by Hanus, seconded by Jensen and carried unanimously to approve the Minutes of the January 30, 1996 special City Council meeting. 1.4 PUBLIC HEARING: PROPOSED UTILITY AND STREET IMPROVEMENTS, KILDARE ROAD. The Mayor introduced John Cameron, City Engineer, who gave an update on the history of this proposed street improvement, stating it was denied in 1978 because the dedicated fight-of-way could not be obtained from the adjacent property owners. He stated the owners of lots 21-26 located on the northwest end of the unimproved Kildare Lane, had recently petitioned and now the owner of the other 12 lots on the northeast end the unimproved Kildare Lane has petitioned for this improvement. Mr. Cameron stated he had prepared cost estimates for a 28' wide street and for a 24' wide street. He recommended the 24' wide street due to topography. There 60 Minutes - Mound City Council February 13, 1996 would be no parking allowed on either side of the street. The proposed street assessment included all of the properties affected by the improvement, both on the north and south side of Kildare Lane. The installation of a storm sewer is not required as the end of Kildare Road is at the cul-de-sac and the elevation is high enough for water to drain towards the existing storm sewer on Kildare at Kerry Lane. He stated the easements will have to be donated as the improvement will enhance the abutting properties. The easement will be along the north side of Kildare Road. Mayor Polston stated it wasn't right to assess the existing property developed to the south. He wanted the properties to the south of Kildare Road to be excluded from the street assessment. The Mayor opened the Public Hearing. Steve Grand, 2620 Kerry Lane - He disagreed with the plan of no storm sewer needed. The existing Kildare Lane to the east of his residence slopes toward him, with heavy rain drainage now and the new Kildare Lane on the west will also slope at him from the other direction. He stated they have to shovel several times during the year, not just in the spring, to remove the huge build up of sand that is deposited in front of his driveway from the stormwater runoff. By adding another sloped street to also drain in the same storm sewer, it would be a real mess. The rushing water also erodes the blacktop street in front of his driveway and the City has to repair the area every year. He would like to see another storm sewer installed to handle the rain flow. rom Stokes, Fine Line Design - He is the construction firm to develop the Berglund property. He is also purchasing the property from Mr. Berglund.. He has done a sketch review with the City and they are in agreement with the road installation of a 15% pitch and a 24' width. He stated they would like to shorten the cul-de-sac to protect the building pad there, by moving it to the east. This would put the cul-de-sac area more onto the property to the east, where Fine Line is developing. This was agreeable with Mr. Stokes; he wanted the bluff line to be protected. Fine Line Design would like to install the utilities and street themselves. He stated Fine Line Design would pick up 60 % of the assessment charged to the properties to the south on Kildare Lane. Tracy Ingram, Realtor for property owners at the west end of Kildare, stated his sellers agreed to moving the proposed cul-de-sac to the east. Tom Stokes asked how would it be handled if the land owners at the west end of the improvement were not able to pay for the improvement up front, would the property be assessed? How would he, as the developer, receive their portion of funds to pay for the project. He would like to be the contractor for the utilities and street and assume the costs. When the street improvement was completed, it would be turned over to the City. 6l - Mound City Council February 13, 1996 City Attorney Curt Pearson stated if the City were the contractor, it would have to go out for bids, award bids to the lowest capable contractor, etc., and should not be the banker. The Mayor closed the Public Hearing at 8:10 PM. City Attorney Curt Pearson stated that Mr. Berglund will be the fee owner of his property during the construction. The current owners of all of the parcels wishing for the improvement and developers should sign a legal document stating that they agree to pay 100% of the cost and assessments of this project before any development begins. They must also agree in writing to donate the easement. He suggested this item be continued until February 27, 1996 when he could prepare a document and it could be signed by all the parties. This would give the City a guarantee that the involved parties would be responsible for funding the project. City Engineer John Cameron stated that due to the steep grade at the intersection, the intersection may have to be reshaped. Mayor Polston was concerned with the velocity of the water. Ron Moore, Bumet Realty, stated that two lots on the comer are higher, where the land was cut for the street prior, are bare topsoil, with no ground cover. When homes are constructed, the runoff oi' topsoil will stop. MOTION by Polston, seconded by Hanus, to continue this item until February 27, 1996 when the attorney can have a document prepared and signed by all parties of the petitions and developers will agree to donate the right-of-way for the project and all parties will agree to pay 100% of the improvement. Also to include language for the city engineer to study the stormwater drain situation. The vote carried 4-0. Jessen was absent and excused. 1.5 1995 DEPARTMENT HEAD ANNUAL REPORTS: - JIM FACKLER, PARKS DIRECTOR - STEVE ERICKSON, FIRE CHIEF - GREG SKINNER, PUBLIC WORKS SUPERINTENDENT Each Department Supervisor asked the Council if they had any questions with regard to their annual reports. Mayor Polston asked Greg Skinner, Public Works Superintendent, to research the possibility of using the same material in all the crosswalks that was used in the replaced crosswalk on County Road 15, as the material held up very well through the winter weather. Also, to inquire about the County installing day glo green pedestrian crossing signs at the crosswalk on Commerce by the Pond Arena. Mr. Skinner said the cost of the other crosswalk marldng material was 3 times that of the paint, but it did hold up very well. He would look into the requests of the Mayor. 62 Minutes - Mound City Council February 13, 1906 The Mayor thanked Jim, Steve and Greg for well done reports and the Council thanked them for a job well done. 1.6 RESOLUTION APPOINTING JIM FACKLER~ PARKS DIRECTOR~ AS ASSISTANT WEED INSPECTOR FOR 1996. Mayor Polston moved and Councilmember Ahrens seconded the following resolution: RESOLUTION g96-19 RESOLUTION TO APPOINT JIM FACKLER AS ASSISTANT WEED INSPECTOR FOR 1996 The vote carried 4-0. Resolution passed. 1.7 DISCUSSION: REQUEST TO PURCHASE LOT 1~ BLOCK 20, SHADYWOOD POINT, PIX)//13-117 24 11 0064 BY PHILIP KLEIN AND THOMAS AUNE City Manager Ed Shukle stated this item has been before the Council previously. It is a tax forfeit property. The Parks and Open Space Commission discussed designating it as an NCA. However, it was never classified as an NCA. Mr. Klein and Mr. Aune are adjacent property owners and they would like to purchase this lot and subdivide it between the two of them. The Parks and Open Space Commission deny the sale of this lot. The City Engineer John Cameron would like the City to retain this property as it is a drain area for the storm water into Lake Minnetonka. The Council had asked the city attorney to research the process of how to convey this lot to the State of Minnesota so it could be sold to Mr. Aune and Mr. Klein. A resolution has been prepared to direct the conveyance of this lot for sale to adjacent owners. City Engineer John Cameron referred to his letter of July 1995, and previous letters from 1984, and 1986 stating the value of the lot to the City as a stormwater drainage area. He stated that in the future, the City will be mandated to provide a plan for storm water runoff, designating holding areas as retention basins to take the "first flush" of street pollutants. If the City were to release the property for sale, and then need it in the future for this purpose, it would be very difficult to re-acquire. Discussion suggested the City declaring an easement over this property for stormwater purposes. However, the language would be very complicated, and the information could well be overlooked by future buyers of these properties. City Attorney Curt Pearson stated he works with several watersheds and direction will be coming in the future from the watersheds to the municipalities to prepare stormwater management plans. Also discussed was the possibility of the City researching to see if this certain parcel would work into a stormwater management plan. The city engineer stated it could cost between $400-$500 to do this. The Council asked the potential buyers if they wanted to pay for this research. They declined stating they did not wish to pay this not knowing for sure if they could buy the property. Comment was made by the Council that the State could only sell the lot to one of the 63 //s~es _ Mound City Council February 13, 1996 adjacent property owners. Mayor Polston stated that by not knowing for sure whether this parcel would be needed in the future for storm water runoff needs, he did not want to release it for sale. Councilmember Jensen agreed with Mayor Polston and also did not want to see the taxpayers of Mound pay for any study that would benefit just a few citizens. MOTION by Mayor Poiston, seconded by Councilmember Ahrens and carried unanimously to table the release of Lot 1, Block 20, Shadywood Point, PID 13-117-24 11 0064 to the State for sale to adjacent property owners. 1.8 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.9 PROCLAMATION OF MARCH 3 - 10, 1996 AS VOLUNTEERS OF AMERICA WEEK IN THE CITY OF MOUND. Councilmember Jensen moved and Councilmember Hanus seconded the following resolution: RESOLUTION//96-20 RESOLUTION PROCLAIMING MARCH 3-10, 1996, AS VOLUNTEERS OF AMERICA WEEK IN THE CITY OF MOUND. The vote was unanimously in favor. Resolution carried. 1.10 REOUEST FROM LMCD TO COMMIT FUNDS IN 1997 BUDGET AND 1998 BUDGET FOR GOOSE CONTROL PROGRAM. City Manager Ed Shukie stated the LMCD, in conjunction with the University of Minnesota and the DNR is planning to draft an application for grant funds from the Legislative Commission on Minnesota Resources (LMCR) for goose control. The grant requirements propose that each lake community budget $1000 in 1997 and $1000 in 1998 to help fund the program. In lieu of funds, or a portion of, could be an contribution in the form of a city appointed coordinator to assist the U of M staff. The University will contribute $14,000 over the same two year period. The LMCD is asking the Council to agree to participate in 1997 and 1998 with budget funds. MOTION by Jensen, seconded by Polston to participate, in a program to control geese in the Lake Minnetonka area, along with the other lake communities, the LMCD, DNR and University of Minnesota. The vote was unanimously in favor. Motion carried. 64 Minutes - Mound City Council The City Manger will send a letter by February 23, participation. February 13, 1996 1996 notifying the LMCD of our 1.11 LICENSE RENEWALS - GARBAGE AND REFIJSE HAULERS - CIGARETTE LICENSES. The following licenses are to expire 2/29/96. New License Period is 3/1/96 to 2/28/97. Approval contingent upon all required forms, insurance, etc. being submitted. GARBAGE AND REFUSE HAULER - CIGARETTE - Best Disposal Services Blackowiak & Son Randy's Sanitation Westonka Sanitation Woodlake Sanitation American Legion//398 John's Variety and Pets Bdckley's Market Jubilee Foods Mound Municipal PDQ Store R & R Bait SuperAmerica Thrifty White Drug VFW Post//5113 MOTION by Jensen, seconded by Ahrens, and carried unanimously to approve the license renewal applications for Garbage and Refuse Haulers and Cigarette Sales. 1.12 PAYMENT OF BILLS. MOTION made by Jensen, seconded by Polston to authorize the payment of bills as presented on the pre-list in the amount of $395,005.11, when funds are available. A roll call vote was unanimously in favor. Motion carried. 1.13 INFORMATION/MISCELLANEOUS: Ao DEPARTMENT HEAD MONTHLY REPORTS FOR JANUARY 1996. LMCD REPRESENTATIVE'S MONTHLY REPORT FOR JANUARY 1996. PRELIMINARY 1995 YEAR END FINANCIAL REPORT AS PREPARED BY GINO BUSINARO, FINANCE DIRECTOR. 65 Minutes - Mound City Council February 13, 1996 De INFORMATION FROM JOHN DEAN, ACTING CITY ATTORNEY RE: QUESTION ON THE PARKS AND OPEN SPACE COMMISSION'S WORK RULES. ao ANNOUNCEMENT FROM LMCD RE: ANNUAL "SAVE THE LAKE" RECOGNITION BANQUET. IF YOU WISH TO ATTEND, CONTACT LINDA ASAP. INFORMATION FROM LMCD, RE: "SPECIAL EVENT PERMI'IWING PROCESS" AS IT CONCERNS THE POTENTIAL TRANSFER OF UNDESIRABLE EXOTIC MATERIALS INTO LAKE MINNETONKA. REMINDER: COMMITTEE OF THE WHOLE MEETING, TUESDAY, FEBRUARY 20, 1996, 7:30 PM. MAIN AGENDA ITEM WILL BE DISCUSSION WITH REPRESENTATIVES OF THE COMMONS TASK FORCE ON THE TASK FORCE'S RECOMMENDATIONS. REMINDER: PRESIDENT'S DAY MONDAY, FEBRUARY 19. CITY OFFICES ARE CLOSED. RESPONSE FROM MET COUNCIL ON LIVABLE COMMUNITIES ACT RESOLUTION. BECAUSE WE DID NOT MEET THE 11/15/95 DEADLINE, WE ARE NOT ELIGIBLE FOR FUNDS IN 1996. WE WILL, HOWEVER, DEVELOP AN ACTION PLAN BY 6/30/96 AND THEN YOU CAN PASS A SECOND RESOLUTION FOR 1997. REMINDER: PLANNING COMMISSION INTERVIEWS, MONDAY, FEBRUARY 12, 1996, 7:30 PM. ATTACHED IS THE INFORMATION ABOUT THE CANDIDATES. YOU ARE INVITED TO ATTEND. MOTION by Jensen, seconded b~L~, and carried unanimously to adjourn the meeting. The meeti~~rned at 9:55 PM. City Manager ~// 66 BILLS February 13, 1996 Batch 5125 Batch 6013 Batch 6014 Total Bills $ 77,171.56 79,690.10 148,143.45 $305,005.11 67