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
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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.
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- 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.
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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
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//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.
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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 ~//
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BILLS
February 13, 1996
Batch 5125
Batch 6013
Batch 6014
Total Bills
$ 77,171.56
79,690.10
148,143.45
$305,005.11
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