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1999-03-09MINUTES - MOUND CITY COUNCIL - MARCH 9, 1999 The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on TueMay, March 9, 1999, at 6:00 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Pat Meisel, Councilmembers Andrea Ahrens, and Bob Brown. Councilmembers Hanus and Weycker were absent and excused. Also in attendance were: City Manager Edward J. Shukle, Jr., City Attorney Ron Batty, City Planner Loren Gordon, City Clerk Fran Clark and the following interested citizens: Dotti O'Brien, Mardi. Wett, Mike & Dan McDonald, Stan Drahos, and Bill O'Meara. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. APPROVE AGENDA. At this time items can be added to the Agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. Councilmember Ahrens asked that Item *F (Public Lands Permit for William Dahlen, 4555 Island View Drive) be removed because it requires a 4/5 vote and there are only 3 Councilmembers present this evening. Councilmember Brown asked that Item gE (Appointment to the POSC) be removed in case there is discussion on it. City Manager Ed Shukle asked to have Item *D (Norwood lane Improvement Project) removed because there are two resolutions that need to be approved this evening as follows: 1. Resolution declaring the cost to be assessed. 2. Set the public hearing date on the proposed assessment for April 13, 1999 instead of March 23, as suggested in the Agenda because there is not sufficient time for the publication of the hearing and the mailed notice. Mayor Meisel stated she would like to add an item to the regular agenda regarding an update of a meeting she attended Saturday morning with the Senior Center. *CONSENT AGENDA MOTION nmde by Brown, seconded by Ahrens to approve the Consent Agenda, as amended. The vote was unanimously in favor. Motion carried. *1.0 APPROVE THE MINUTES OF THE FEBRUARY 23, 1999, REGULAR MEETING, MOTION Brown, Ahrens, unanimously. 198 *1.1 MOUND CITY COUNCIL MINUTES- MARCH 9, 1999 APPROVE THE MINUTES. AS AMENDED, OF THE JANUARY 19. 1999. COMMITTEE OF THE WHOLE MEETING, MOTION Brown, Ahrens, unanimously. '1.2 APPROVE THE MINUTES OF THE MARCH 2, 1999, COMMITTEE OF THE WHOLE MEETING, MOTION Brown, Ahrens, unanimously. · 1.3 BID AWARD; AUDITOR'S ROAD IMPROVEMENT PRQ.IECT. RESOLUTION g99-20 RESOLUTION AWARDING THE BID FOR THE AUDITOR'S ROAD IMPROVEMENT PROJECT TO KUSSKE CONSTRUCTION COMPANY, INC. OF CHASKA IN THE AMOUNT OF $222,349.00 Brown, Ahrens, unanimously. *1.4 APPROVE OUASI-PUBLIC SIGN PERMIT FOR A PORTABLE SIGN. UPPER TONKA LITTLE LEAGUE, MOTION Brown, Ahrens, unanimously. '1.5 PAYMENT OF BILLS. MOTION Brown, Ahrens, unanimously. 1.6 SET PUBLIC HEARING FOR NORWOOD LANE PUBLIC IMPROVEMENT (SUGGESTED DATE: APRIL 13. 1999), The City Engineer explained that the following is a preliminary assessment roll prepared using the low bid of $56,327.75 received on Thursday, February 25, 1999. He has included the assessment section of the Preliminary Engineering Report prepared in July of 1998 with the proposed assessment numbers adjusted to reflect the actual bid prices. 199 MOUND CITY COUNCIL MINUTES- MARCH This attachment shows that the property proposed for development will be assessed 51% of the cost of the project after deducting the City share. The remaining 49% is proposed to be assessed on a per lot basis which calculates out to be $4,270 per lot. This is $190 more than was projected in the original report. The Engineer believes the proposed assessment to be fair and equable and recommends adoption as presented. ASSESSMENTS It has been the City's policy to assess most of the cost of any street improvement to the benefiting properties. When the large reconstruction projects were done in the late 70's and early 80's, the City contributed 1 mil, which calculated out to approximately 1.5 percent of the total cost of the project. In 1976, the City adopted a street improvement assessment policy under Resolution No. 76-77. A copy of this policy is included in this report. The City does not have a policy in-place which covers utility improvements. From what he can determine, there have not been any utility projects assessed since the original sanitary sewer was installed in the 60's. He is suggesting that this project be assessed to the benefiting properties as follows: The City's share of the project is proposed to be $12,300, which is the additional cost to loop the watermain through to Bartlett Boulevard. Assess the developer of Lots 1 through 6, Block 3, Shirley Hills Unit A, 51 percent of the total project cost, less the City's share. This amount would be $15,845 for the utilities and $15,265 for the street improvement or a total proposed assessment of $31,110. The remaining amounts would be assessed to the vacant property on the east side, Lots 12 through 17, Block 2, Shirley Hills Unit A and Lot 7, Block 3, Shirley Hills Unit A, which is on the west side. If the remaining 49 percent of each of the utility and street costs are assessed on a per lot basis, the charge could be $4,270/per lot. He is suggesting the per lot method to assess these vacant lots, rather then the adopted street assessment policy which uses area, unit and frontage for the following reasons: The storm sewer is already existing; therefore, the square footage charge for storm sewer is not applicable; and The lots are very similar in both size and front footage, thus a per lot assessment would be comparable. The following is a breakdown of how the total project cost was divided and the per lot charge calculated. 200 MOUND CITY COUNCIL MINUTES- MARCH 9, 1~99 SUGGESTED UTILITY ASSESSMENT Total Estimated Cost Less City Share Total Amount to be Assessed Amount Assessed to Developer (51%) Amount to be Assessed to Vacant Benefiting Property $ 35,200.00 + $ 4,130.00 * $ 31,070.00 * $15.845.00 * $15,225.00 * Per Lot Computations $15,225.00 -- 7 lots = $2,175.00/1ot* SUGGESTED STREET ASSESSMENT Total Estimated Cost Less City Share Total Amount to be Assessed Amount Assessed to Developer (51%) Amount to be Assessed to Vacant Benefiting Property $ 38,100.00 * $ 8,170.00 * $ 29,930.00 * $ 15.265,00 * $ 14,665.00 * Per Lot Computations $14,665.00 7 lots = $2,095.00/1ot TOTAL PROPOSED ASSESSMENT * Legal Description PID Lots 1-6, Block 3 Lot 7, Block 3 Lot 12, Block 2 Lot 13, Block 2 Lots 14-17, Block 2 Totals 13-117-24 44 0032 13-117-24 44 0033 13-117-24 44 0026 13-117-24 44 0027 13-117-24 44 0091 Utility Street Assessment Assessment $15,845.00 $15,265.00 $ 2,175.00 $ 2,095.00 $ 2,175.00 $ 2,095.00 $ 2,175.00 $ 2,095.00 $ 8.700.00 $8.380.00 $31,070.00 $29,930.00 Total Assessment $31,110.00 $ 4,270.00 $ 4,270.00 $ 4,270.00 $17.080.00 $61,000.00 CONCLUSIONS AND RECOMMENDATIONS It is the opinion of the Engineer that the proposed project is feasible and can best be accomplished as described herein. + REMAINS UNCHANGED FROM ORIGINAL REPORT. * REVISED AS PER BIDS. Two of the platted lots still create a unique situation. Lot 7, Block 3 is combined with Lots 8 and 9 as one tax parcel with an existing home located on it. It appears that Lot 7 could possibly be divided from the other two lots and become a buildable lot, meeting the City's 201 MOUND CITY COUNCIL MINUTF,$- MARCH 9, 1999 zoning requirement. This being the ease, we are proposing to assess this lot for both the street and utility improvements. One option that could be considered would be to defer the utility assessment ($2,175.00) until such time the parcel is divided. The street assessment, $2,095.00, should not be deferred because it is an immediate benefit. Lot 12, Block 2 is also a minor problem because it does not meet the City's minimum lot size of 6,000 square feet in a R-2 zoning district. At the present time it is also a separate tax parcel, but is owned by the same tax payer as owns Lot 13. Including the west half of the vacated alley on the east side of these lots, Lot 12 has 5,635 square feet and Lot 13 has 6,087 square feet. Combined together, they would still be short approximately 278 square feet from 2 - 6,000 square foot building sites. There has been some discussion about deferring all or part of the proposed assessments against the parcels along the east side of the proposed improvements. A suggestion would be to defer only the utility assessment until such time the parcels are subdivided or a building permit is requested. The decision on the deferring the utility assessment can be made at the public hearing on April 13. The street assessment could be levied immediately. Ahrens moved and Brown seconded the following resolution: RESOLUTION # 99-21 RESOLUTION DECLARING COST TO BE ASSESSED, AND ORDERING PREPARATION OF PROPOSED ASSESSMENT FOR THE NORWOOD LANE IMPROVEMENT PROJECT The vote was unanimously in favor. Motion carried. Ahrens moved and Brown seconded the following resolution: RESOLUTION $99-22 RESOLUTION SETTING THE DATE FOR A PUBLIC HEARING ON THE PROPOSED ASSESSMENT FOR THE IMPROVEMENT OF NORWOOD LANE FOR APRH, 13, 1999 The vote was unanimously in favor. Motion carried. 1.7 ACCEPT RECOMMENDATION FROM PARK AND OPEN SPACE COMMISSION RE; APPOINTMENT TO FILL VACANCY. Brown moved and Ahrens seconded the following resolution: RESOLUTION #99-23 RESOLUTION CONCUR WITH THE POSC RECOMMENDATION AND APPOINT JOHN BEISE TO THE PARK & OPEN SPACE COMMISSION FOR A 3 YEAR TERM - EXPIRING 12-31-01 The vote was unanimously in favor. Motion carried. 202 MOUND CITY COUNCIL MINUTES- MARCH 9, 1999 1.8 PUBLIC LANDS PERMIT FOR WILLIAM DAHLEN. 4555 ISLAND VIEW DRIVE, The City Manager explained that Councilmember Ahrens is correct and approval of this would require a 4/5's vote of the Council. He recommended continuing this item to the March 23rd Meeting. MOTION made by Brown, seconded by Ahrens to continue the Public Lands Permit for William Dahlen, 4555 Island View Drive to the March 23, 1999, City Council Meeting. The vote was unanimously in favor. Motion carried. 1.9 PUBLIC HEARING: 1999 COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM, The City Manager explained that four organizations have requested funding, but that the amounts proposed are not the amounts requested. This is because the City is held to a 20% cap on public service delivery programs under Federal HUD rules. The total amount of CDBG funds that Mound will receive is $64,646. This is proposed to be broken down as follows: ACTIVITY BUDGET Westonka Senior Center Operations $ 7,757 Westonka Community Action Network (WECAN) $ 2.715 Sojourner (formerly Westonka Intervention $1,681 Community Action for Suburban Hennepin (CASH) $ 776 Rehabilitation of private property $51,717 TOTAL $64,646 The Mayor opened the Public Hearing. The following persons spoke. Bill O'Meara, representing CASH. Mardi Wett, representing WECAN. Cathy Bailey and Dotti O'Brien, representing the Westonka Senior Center. They all thanked the Council for their continued support. The Council asked for a copy of each organization's proposed budget for the year; each organizations salaries; and what administrative costs are. Sojourner provided this but the other three organizations did not. The organizations will provide this to the City Manager and he will forward it to the Council. 203 MOUND CITY COUNCIL MINUTES- M/IRCH 9, 1999 The Mayor closed the public heating. Brown moved and Ahrens seconded the following resolution: RESOLUTION//99-24 RESOLUTION APPROVING THE PROJECTED USE OF FUNDS FOR 1999 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG)PROGRAM AND AUTHORIZING EXECUTION OF SUBRECIPIENT AGREEMENTS WITH HENNEPIN COUNTY AND ANY THIRD PARTY AGREEMENTS The voted was unanimously in favor. Motion carried. 1.10 PUBLIC HEARING: CASE 99-03; STREET & UTILITY EASEMENT VACATION TO ALLOW CONSTRUCTION OF AN ADDITION TO THE DWELLING AT 4844 ISLAND VIEW DRIVE, JORJ AYAZ, LOTS 1 & 2, BLOCK 15, DEVON, PID#25-117-24 11 0161 The City Clerk advised that a 4/5's vote of the City Council is needed to approve a vacation and therefore this item will have to wait for a future meeting. The Mayor opened the public hearing. MOTION mode by Ahrens, seconded by Brown to continue this public hearing to March 23, 1999. The vote was unanimously in favor. Motion carried. 1.11 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. STAN DRAHOS, 5430 Three Points Blvd. He presented the Council with some pictures he had taken in Seattle of how they mark their crosswalks. He referred to the crosswalks at the House of Moy and at 2020 Commerce Blvd. He reported that he has been working with the Public Works Superintendent, Greg Skinner, on this. He and Greg are getting as much information as they can and try to move forward on this. The crosswalk at 2020 Commerce is the crosswalk Stan is focusing on due to the fact that the crosswalk at House of Moy will not be necessary after County Road 15 gets relocated within the next few years. Skinner is doing some checking with Hennepin County on the feasibility of this type of signage over a County Road. No action was taken at this time. 204 MOUND CITY COUNCIL MINUTES- MARCH 9, 1999 DAN MC DONALD, Enchanted Island, and Boy Scout from Pack #571 who was at this Council Meeting taking notes to obtain his Communications Merit Badge. 1.13 ADD-ON ITEM - MEETING WITH WESTONKA SENIORS The Mayor reported that there was a meeting of the Westonka Senior Center Foundation last Saturday. At that meeting, Cheryl Fischer, Mayor of Minnetrista, came forward and offered a piece of land that is within the Lions Park to the Seniors with the idea of building a Senior Center. Mayor Meisel reported that the idea was that Minnetrista would apply for a grant through the Block Grant monies for $200,000. The grant paperwork has to go in by this Friday. A motion was made at Saturday's meeting to accept Cheryl's proposal from Minnetrista and to move forward with writing the grant. There were 120 persons who attended that Saturday meeting. Mayor Meisel stated that she had spoken with Mayor Rockvam of Spring Park and he said that Spring Park is behind anything that the seniors would try to do or want to do. He stated they would throw money into the pot if it goes toward building a new Center. She related that to the people at the meeting on Saturday. Mayor Fischer would like to know if the City of Mound would also participate with the other cities in this effort. Mayor Fischer is planning to meet with the various service organizations in town, i.e. Lions, WRA, American Legion, VFW, Rotary, Jaycees, etc. Fischer will also be asking the Cities of Orono and Spring Park to participate in this effort. Mayor Meisel informed the Council that there will be a meeting at 8:00 A.M. on Tuesday, March 23, 1999, at the Westonka Senior Center. They will be discussing how to finance a project like this, i.e. Revenue Bond, etc, can the money be raised by fundraising, etc. The Council has been and will be discussing temporary measures for the agencies that are now housed the Community Center. The City Manager will be meeting with Dr. Meyers on Thursday March 12, 1999, about some of the issues discussed tonight. Mayor Meisel stated that what Mayor Fischer would like to know is if she has the support of the City' of Mound in this effort so that this can be part of the grant application. Councilmembers Ahrens and Brown agreed with Mayor Meisel in supporting the move to have the Senior Center built at Lions Park in Minnetrista. There was some discussion on trying to find interim housing for the other agencies in the Community Center at this time. 2O5 MOUND CITY COUNCIL MINUTES- MARCH 9, I999 1.12 AREA (~ODE IOPDATE, The City Manager reported that he has received another communications from Mr. Jim Strommen about the area code proceedings. He is asking that Mound respond to the overlay program the is being proposed. The Council asked that the City Manager tell Mr. Strommen that their position on the overlay would be to stick with municipal boundaries if they were going to change the area code in Mound. INFORMATION/MISCELLANEOUS: A. Department Head Monthly Reports for February 1999. Letter from the office of the Governor regarding applications for the Metropolitan Council. C. Dock and Commons Advisory Commission Minutes of February 18, 1999. D. Park and Open Space Commission Minutes of February 11, 1999. Letters from Jay Peterson, 2667 Halstead Lane RE: Wara Development in Minnetrista. The City Manager pointed out that Mound will be affected by both the north and south development of Saunders Lake. The south would require the Mound water extension. On the north side they are asking for the water system to be continued up in that area and they will be dumping a great deal of traffic onto a couple of Mound's streets that border that area. He reported that Mound and Minnetrista met several weeks ago relative to the south Saunders Lake development. The two cities will be meeting again on Thursday, March 12th, to discuss this further, and discuss the compost facility. Letter from Triax Cablevision regarding some changes in cable television programming and a rate increase on the basic rate. G. Memorandum on the surveying of Devon Common near Roanoke access. Notice regarding the neighborhood meeting on the proposed development of the mobile home park in Mound and Minnetrista. Please note that there will be a joint meeting of the Planning Commissions from both cities on March 29 at Minnetrista. Councilmember Brown stated he will report back to the Council on this meeting since he is the Council Rep. to the Planning Commission and will be attending this meeting. 206 MOUND CITY COUNCIL MINUTES- MARCH ~, 1999 Notice from the League of Minnesota Cities regarding the annual legislative conference to be held on Thursday, March 25, St. Paul. Gino and I have attended in the past and it is a good way to learn about some of the key legislative issues facing cities during the 1999 legislative ~ession. If you are interested in attending, please let me know ASAP. Councilmember Brown stated he would like to attend. Planning Commission minutes of February 22, 1999. Sales data books on 1998 in preparation for the 1999 Open Book meetings scheduled for April 20-21. THERE WILL NOT BE A COMMITTEE OF THE WHOLE MEETING ON TUESDAY, MARCH 16. Letter from John Dean RE: Bob Schmidt letter of January 19, 1999. MOTION made by Brown, seconded by Ahreus to adjourn at 9:05 P.M. The vote was unanimously in favor. Motion carried. ~ager Attest: City Clerk 207 BILLS March 9, 1999 Batch 9021 97,114.40 Batch 9022 137,747.07 TOTAL BILLS $ 234,861.47 oo ~o~ oo oog o gg ~ ..... o oo~ , oo~oo0 oo~oo~ !i~ 22 oo oo 2oo oo~ 8 $~ oo oo 8 oo®oo0 4::)o I! z · · · · · · · · · 0 o I z 0 o z ¢ I-- · · · · · Z ,0 Z '~'~ Z 0 ~ r,~ 0 ~ 0 0 ,0 ~) 0 ",0 0 ,0/ ..... ~..,' ...... -I I '-,r--~:'~ I ,oq:),~ I "~:J B Ii I I I I I I ! I I I I~J I n m 0 I-I1 o o r~ ,r, o~ z 8 5 o o 1° oo Z 0 c f_.. Z Z ,,~ 0 0 I U o 0 o~ L .'"7 z MOUND CITY COUNCIL MINUTES- MARCH THIS PAGE LEFT BLANK INTENTIONALLY. 231