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1999-08-03MINUTE~ - MOUND COMMITTEE OF THE WItOLE - AUGUST 3, The Committee of the Whole for the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, August 3, 1999, at 8:00 P.M., in the Council Workroom at 5341 Maywood Road, in said City. Those present were: Mayor Pat Meisel, Councilmembers: Bob Brown, Mark Hanus, Leah Weycker. Those absent were: Councilmember Andrea Ahrens. Also in attendance were: Acting City Manager Fran Clark, City Engineer John Cameron, Public Works Superintendent Gregg Skinner, Secretaries Carla Wirth and Sue McCulloch. Others present were: Kevin Mr. Beigler, James Kruse, Joy Fleming, and other residents of Halstead Lane. Mayor Meisel opened the meeting at 8:35 P.M. 1.0 STORM WATER UTILITY CHARGES The Acting City Manager presented information regarding the Storm Water Utility Ordinance which included the ordinance and information regarding a storm water utility fund that should be put in effect which has no money in it at this time. Mayor Meisel asked if the City had a fund available, when would this be put into effect. The City Engineer stated that the possibility would be within six months because it is tied in with the Comp Plan Update. Weycker stated that the issue at hand is to have some figures available before the storm water charges could be enforced. Mayor Meisel stated as the Council proceeds through tonight's agenda, they may have a better idea of what costs are coming so a fund can be available when the monies are needed. Brown asked about the Council's involvement with this plan. Brown also stated the Comprehensive Plan is to stop urban sprawl and limits what the City can do since it would be based on what the Metropolitan Council dictates. There was discussion regarding the purpose of the Metropolitan Council and how it effects the City of Mound's plans. There is concern that the Metropolitan Council will change Mound's Comprehensive Plan but there was also discussion that assured those members that the provisions in the Comprehensive Plan for Mound are so vague that they still would comply with what the Metropolitan Council would want from the City and also could be changed as the City sees fit. Mayor Meisel stated she would like to put the storm water utility into the budget for the City of Mound in the very near future. 588 MOUND COMMITTEE OF THE WHOLE MEETING- AUGUST 3, 1999 1.~ DISCUSSION REGARDING DRAINAGE PROBLEM ON HALSTEAD LANE. Mayor Meisel stated she met with Councilmember Weycker, the City Engineer and Greg Skinner on Wednesday night in an informal setting regarding the Halstead Lane property drainage problem. The City Engineer stated there was discussion regarding the problem and reasons for this problem. He reviewed costs of repairing this drainage problem. The solution is to install a new pipe, but there is a possible expense for all residents concerned. Mayor Meisel stated that she would like the residents to come up with a number for each resident to pay for this project. She explained the residents are resistant in having to pay anything toward this project because they feel it has been existing for a long time. The cost of this project would be approximately $63,000. Kevin Beigler, 2820 Halstead Lane, stated the water is coming from Westedge and he believed that the cost should be divided amongst them also, not just those residents on Halstead Lane. He also stated that the erosion problem has to be fixed immediately. The City Engineer stated the drain comes from Westedge, curves and then goes out into the wetland. He also stated that the pipe that currently exists is not big enough to handle the drainage so after rainfalls water ponds in residents' yards. The curb line also needs to be improved. The Acting City Manager stated that the tax forfeit lot that the State owns needs to be cleaned up. If this lot does not get cleaned up the waste on this property will continue to flow into yards causing hazards to those individuals living on Halstead Lane. James Kruse, 2830 Pine Road, stated that the residents want the property cleaned up. He stated he was happy to see the right plan being considered but it is a complicated situation and each resident has different situations to address. He stated the residents would like the cost to be zero but he understands that is probably not feasible. He stated the Council needs to determine collectively what would be a reasonable cost. Mr. Kruse stated he supports the suggestion by Mr. Beigler that others be asked to share in the burden of the cost. He suggested residents be allowed to present a dollar figure they are comfortable with and then the Council can decide what they would like to do. Mr. Kruse stated he is in business and understands how the economics work and that the City has different constraints. He stated if there is a willingness on the Council's part, there is willingness on the resident's part but the threshold is low. Mayor Meisel stated that the City does need to take some responsibility. She would like a dollar amount that the residents attending tonight's meeting could pay towards this project. Mr. Beigler stated that the drainage from Westedge is coming into his yard and each year the problem only increases. There is ponding after every rainstorm in his yard. Also, the rate of flow is a problem. The water comes gushing down the hill at a dangerous speed MOUND COMMIT1F~ OF THE WHOLE MEETING - AUGUST $, 1999 unloading the debris from the forfeit lot onto his property and into his yard. Mr. Beigler also stated that the ponding is due to drainage from Westedge and they should be held responsible also. Brown stated there was no budget increase for last year which is hurting the City currently. Brown stated he would like to talk this out with the residents and get this resolved in a very timely manner. He indicated this matter should not go any further and we as active Councilmembers should work with the people. Hanus stated the fact that there would be no budget for this project does not make this problem go away or excuse any one person involved. He indicated this is very serious and it needs to be worked out. Hanus stated other ways to get monies for this project would be to sell a bond and tax the people. Hanus raised the question of fairness in having other taxpayers pay for another person's problem. He indicated this type of project is typically assessed to those who live at the location and are then required to pay for the work that needs to be done. Hanus asked if the Westedge location would be nonexistent, would the Halstead property have this problem that currently exists today. The City Engineer stated that if Westedge was present, then the drainage problem at hand would probably not exist. The City Engineer stated that the assessment has been done correctly because history shows that the Halstead Lane residents were never assessed for drainage and the Westedge residents were assessed in previous years. The possibility of reroufing the drainage system to the comer of Pine and West Edge is not feasible either because the area is too fiat. Mayor Meisel stated dollar figures need to be put together and she would like to see this project completed before the end of the year Joy Fleming, 2825 Halstead Lane, stated they paid assessment fees in the cost of the lot when they bought the house. The City Engineer agreed this may be true, but there is no documentation of payment for a storm drainage assessment. Mr. Beigler asked what the increase in his property value would be after this project is completed. Currently he has settlement cracks in his house that a person normally does not see until the house is 50 years old. Hanus assured Mr. Beigler that the property value would go up after the project is completed but he is not sure of an exact amount. Mr. Kruse stated the City has to come up with its lowest possible amount that they expect the residents to pay for this drainage pipe and then he is willing to discuss this issue further. Dean Fleming, 2825 Halstead Lane, stated his main interest is when the water comes rushing down the street during and after a storm and washes everything down from the top of the hill onto their property and also the serious danger that exists with such a rush of water coming down the street MOUND COMMITTEE OF THE WHOI~ MEETING- AUGUST 3, 1999 Brown suggested the following proposal: Have the cost split 50150 (city/residents) for the assessments and it can be paid off through a 10 year time period of less than $50 per month per resident involved in the Halstead area. Mr. Kruse stated this number was absolutely too high. He also stated the damage is because of the neglect on the City's part of maintenance. This problem has been existent for a long time. Mr. Kruse suggested the possibility of having a mediator f'md out the percentage of fault and possibly a monetary amount for those involved in this issue. He would like the most cost-effective solution. Mr. Kruse stated he realized that nothing is for "free" these days and he is willing to work with the City to find a solution. Brown asked if there was any other way to reroute this water and have it channeled off near Westedge away from the property in question. The City Engineer stated that this is not possible. There is no other location to reroute this water and the solution is to put in a new pipe. Mr. Beigler stated sandbagging the house would not necessarily do the job. He again stressed the danger of the rushing water. Mr. Beigler also stated there are sink holes in five out of the six properties in question that need to be dealt with. Mayor Meisel stated she would like to have the Committee of the Whole meet amongst themselves to discuss what their expectations are from each property owner and then the Committee would meet with the property owners to discuss a solution. Mr. Fleming suggested before the meeting to have each member of the Committee walk from Westedge all the way down to see all the debris, junk, and erosion on their street due to water drainage that currently does not function properly. Hanus requested a copy of the map with all the properties in question that the City Engineer was showing on the overhead tonight. A copy of the map was provided to everyone in attendance at the meeting. Mayor Meisel directed staff to get a legal decision regarding sink holes. They will meet on August 24, 1999, to discuss an offer in executive session within the Council meeting. After there is a decision, the Committee will then meet with the Halstead property owners involved in this project. 1.3 DISCUSSION ON REPLACEMENT WELL AND FUTURE WATER NEEDS, The Council reviewed the November 4, 1998 memorandum from McCombs Frank Roos Associates, Inc. regarding the estimated cost of a municipal well capable of pumping 750 to 1,000 gpm. M@U~ C@MMI~I~£'OF ~t~ WHOI~ MF~IN~- AU~U$~ 3, l~ The City Engineer stated the estimate of $180,000 for a new well could be close, but since this is an almost one-year-old estimate the amount may very well be $190,000 now. The City Engineer also cautioned that this may be higher if they run into an unexpected problems when digging the well. The location of this well would be at the Evergreen water tower site. The City Engineer stated that by the year 2005 a new tower is a must to make the City efficient when it comes to fire fighting. Mayor Meisel stated that she will be bringing up the tower issue again in the future so make note of this project because she would like to see it followed through. Brown stated he had just recently spoken with Ed Forliti of Remington Development in an informal setting. Brown stated that the more he sees this project progress, the more he sees this project heading downhill. There are huge issues with density and water for supplying this project. Hanus stated that he wanted to know how serious Minnetrista was about the water situation. It is noted that Minnetrista will not give Mound a compost sight in exchange for water. Brown mentioned the Remington project again. He stated the trailer park will go away whether Remington does it or not. The development now has 15 trailer hookups for density and there are only 8 trailers now existing on the property. The sites in Mound, when completed by Remington's developer, will have over 70% hardcover for each individual lot. This means that every addition these individuals add onto their new homes they will need a variance. If the City allows this development, it will set a precedent for anyone who owns an acreage of land. It was noted the Planning Commission turned down the a previous plan which was less dense than what Remington is suggesting to date. The whole picture is the density problem--putting too many homes in a very small area. 1.4 DISCUSSION ON INFRASTRUCTURE ISSUF~, The Council reviewed the infrastructure needs presented by the Police Department, City Management staff, Park Director, Public Works, and Building Official. This was requested by Mayor Meisel to get a list from all staff and put all "wish list" items on the table, and then progress forward with this list in increments when the funds come available. Mayor Meisel would like to seriously keep the water tower cost at hand. Brown mentioned the Mound Police Department forum. He stated the time allotted for officer travel in transporting animals could be alleviated by calling a reserve squad. Brown also noted that each police officer should have his own squad car to take home with him on a daily basis. He stated that it would be an incentive to have their own squad car and it would probably be better taken care of. MOUND COMMITTEE OF THE WHOLE MEETING - AUGUST 3, 1999 The Acting City Manager stated the staff as well as others working with the City of Mound would benefit from Munnimetrix. Systems Corporation's scanner/OCR information. The $3,000-$8,000 price includes the scanner, maintenance, connection to PC, software, and support. Brown asked if the Dakota Rail Trail Fund should be included in a grant plan. The Committee appreciates Faclder's list of future improvements for the parks, but at this time the City does not have additional monies for the parks. They will keep this information on file. Mayor Meisel stressed strongly she would like to act on the well and infrastructures with this year's budget plan. With the bonds that are available there can be accomplishments made, mostly the well, and then others. Mayor Meisel stated also that if the City of Mound and its residents want to have increased and improved services then there may need to be a tax increase to accomplish this. She wanted all members to keep the infrastructure information handy and she will bring these up at their budget meetings for further discussion. 1.5 EXECUTIVE SESSION: WOODLAND POINT LITIGATION, The City Attorney explained the Council would meet in closed executive session to discuss the Woodland Point litigation. The meeting recessed at 10:50 P.M. The Committee of the Whole Meeting was called back into session at 11:55 P.M. 1.6 DISCUSSION ON AGREEMENT BETWEEN THE CITY OF MOUND AND LAKE MINNETONKA COMMUNICATIONS COMMISSION TO RUN PUBLIC, EDUCATIONAL, AND GOVERNMENTAL (PEG) ACCESS PROGRAMMING. The Acting City Manager presented the draft agreement between the City of Mound and Lake Minnetonka Communications Commission with respect to PEG Access programming. According to her calculations it appears the PEG fees would be approximately $6,500 per quarter or $26,000 per year for LMCC's services. Within the agreement at hand it states the LMCC will provide PEG services to the City of Mound in exchange for $.84 per subscriber per month as previously remitted by TRIAX. Mayor Meisel is concerned regarding the programming fees as noted and any additional PEG fees. This item will be presented to the Council at the August 10, 1999 meeting. MOUND COMMITTEE OF THE WHOLE MEETING - AUGUST $, 1999 1.7 DISCUSSION ON TAX FORFEIT PROPERTY THAT MICHELLE BERGLUND WOULD LIKE TO PURCHASE. The Acting City Manager presented this case. Ms. Berglund contacted the City about purchasing portions of 2 lots that adjoin her property. The lots are tax-forfeited lands. A portion of those lots are in wetlands which are not available for sale. The City Engineer has looked at the property and there is a portion of Lots 29 and 30 that could be sold and are not in the wetlands. It amounts to approximately 5,000 square feet. The applicant is concerned about the 2 lots being built upon. The City staff assured her that cannot happen, but she is still interested in purchasing the non-wetlands portion of the lots. It has been the policy to send these types of requests for tax forfeit property to the Park Commission for their review and consideration. This was done and the Park commission recommendation was that the property continue to be held by the City of Mound and that discussions occur with the Minnesota Land Trust to convey a conservation easement. This would then give Ms. Berglund what she is requesting, that nothing be built on the property. Ms. Berglund still wants to purchase the portions of the lots that are not in the wetlands for her own reasons. This case was then decided that Ms. Berglund could do th~ survey, get legals, and the City would reconvey the portion of lots that is not in the wetlands which is Parcel B. This case was then brought up to the Planning Commission. Instead of being approved, the Planning Commission tabled this matter because they felt the case needed clarity by the legal department. The Acting City Manager would like to send this request in to the County to get this approved and the property released for sale to the adjoining property owner, Ms. Berglund. Brown stated a problem he foresees is having Ms. Berglund sell the parcel off at a later date to some developer who would come in and divide the lot into two lots and have two homes built there. At a previous meeting the Acting City Manager stated it was felt it would be hard to subdivide the property. Berglund is willing to put a conservation easement on the property. This will definitely not allow her to build on this lot and keep it natural, or anyone else build on the lot if it does get sold, until the conversation easement is revoked. Hanus stated that steps would need to be taken in order to make it buildable and the City would have control of the situation. The Acting City Manager stated that she did not need approval from the Planning Commission because it was all ready approved by a previous Council last September. Mayor Meisel asked about the City Attorney's opinion since the Planning Commission tabled this issue and would like a statement in writing. Mayor Meisel agreed with the Acting City Manager, but would like to see backup data to prove that this is legally fine. Brown stated very strongly that this item needs to go back to the Planning Commission for approval. MOUND COMMITYEE OF THE WHOLE REGULAR MINUTES - AUGUST 3, 1999 Mayor Meisel would like to have any action approved in writing by the City Attorney before it progresses any further. 1.8 DISCUSSION ON PERSONAL VEHICLE USE AND MILEAGE REIMBURSEMENT. The Acting City Manager explained the mileage reimbursement for personal vehicle use has not been changed since before 1981 and is currently at $.22 per mile. She recommended updating this reimbursement to reflect he current IRS rules to $.31 per mile and to change it in the future when the IRS changes. The consensus was the this is an administrative issue and should be changed to $.31 and in the future be changed automatically when the Federal government changes it. 1.9 DISCUSSION ON CITY MANAGER REPLACEMENT, Mayor Meisel presented the unopened proposals from several search companies for the replacement of the City Manager. She stated the list came from the League of Cities and there were no advertisement efforts. The Acting City Manager presented the City Manager advertisement and material from Kent State University which operates a center for l~ifing individuals on an assessment approach. This way of locating a manager will allow the City to do. the screening. It appears the City pays only for the final assessment. Mayor Meisel is concerned about screening for your own employer. Weycker stated this may be highly time-consuming. Mayor Meisel asked all members to read through the applicants and information and make a decision by Tuesday night, August 10, 1999, which interviewing and firm would best suit the City of Mound. If the members selected the consulting approach, they should come up with two search companies they would like to use. Councilmember Hanus suggested that the City receive a proposal from Sathe & Associates. Mayor Meisel stated she will call Chanhassen to hear about the company he was hired through and request a proposal. There is a list of staff suggested qualities in a City Manager that they would like. This list should be considered when selecting candidates. MOTION by Brown, seconded by Hanus to adjourn at 12:41 A.M. unanimously in favor. Motion carried. Attest: Council Secretary The vote was Francene C. Clark, Acting City Manager