1997-06-10II ,Il I J Il &l, ,J
Mound City Council Minutes - June I0, 1997
MINUTES - MOUND CITY COUNCIL - JUNE 10, 1997
The Citu Council of the City of Mound, Hennepin County, Minnesota, met in regular session
on Tuesday, June 10, 1997, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in
said City.
Those present were: Mayor Bob Polston, Councilmembers Mark Hanus, Liz Jensen and Leah
Weycker. Councilmember Andrea Ahrens was absent and excused. Also in attendance were:
City Manager Edward J. Shukle, Jr., City Attorney John Dean, City Planner Bruce
Chamberlain, City Engineer John Cameron and City Clerk Fran Clark; and the following
interested citizens: Mark Thiede, Dorothy & Bill Netka, Gail Severtson, and Ronald Fenney.
The Mayor opened the meeting and welcomed the people in attendance. The Pledge of
Allegiance was recited.
*Consent Agenda: All items listed under the Consent Agenda are considered to be routine by
the Council and will be enacted by a roll call vote. There will be no separate discussion of&ese
items unless a Councih~wmber or Citizen so requests, in which event the item will be removed
from the Consent Agenda and considered in normal sequence.
1. OPEN MEETING - PLEDGE OF ALLEGIANCE.
The Mayor congratulated the Mound Westonka High School Girls Softball Team on their
winning of the State Championship. He then stated he would like to invite the Mound Westonka
High School Girls Softball Team to the next City Council Meeting and present them with a
Certificate of Recognition.
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
qfter the Consent Agenda has been approved.
The City Manager stated that he has two add-on items for the Regular Agenda as follows:
10.
RESOLUTION APPROVING A CONDITIONAL USE AGREEMENT WITH
HENNEPIN COUNTY REGARDING ELECTRONIC GEOGRAPHICAL
DIGITIZED DATA BASE AND AUTHORIZING THE MAYOR AND CITY
MANAGER TO SIGN THE AGREEMENT
11. RESOLUTION TO REGULATE AND LIMIT LAWN SPRINKLING.
Councihnember Jensen asked that Item C (the Transient Merchant License) on the Consent
Agenda be pulled for discussion.
*CONSENT AGENDA:
MOTION made by Hanus, seconded by Weycker to approve the Consent Agenda, removing Item
C, as presented. The vote was unanimonsly in favor. Motion carried.
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1.0
*A.
Mound City Council Minutes - June 10, 1997
APPROVE THE MINUTES OF THE MAY 27, 1997 REGULAR MEETING.
MOTION
Hanus, Weycker, unanimously.
*B. RESOLUTION APPROVING A ONE DAY OFF-SITE LAWFUL GAMBLING PERMIT
APPLICATION FOR AMERICAN LEGION POST #398.
RESOLUTION//97-55
RESOLUTION APPROVING A ONE DAY OFF-SITE LAWFUL
GAMBLING PERMIT APPLICATION FOR AMERICAN LEGION
POST #398
Hanus, Weycker, unanimously.
*D. PAYMENT OF BILLS
MOTION
Hanus, Weycker, unanimously.
1.1 TREE REMOVAL LICENSE AND VEGETABLE STAND APPROVALS
Councilmember Jensen asked about the vegetable stand that is proposed for the corner of County Road 110
and Lynwood Blvd. as it relates to the Central Business District (CBD) parking program. This is a CBD
leased parking lot and she wanted to know how this is handled in the CBD program for the leased parking
spaces that this vegetable stand uses and the owner of the property leases to the city for parking. The Council
wants to make sure that the owner of the lot is not being paid for these spaces when they are not usable for
2 months. The Council asked that this be looked at to see how it is being handled. The City Manager stated
he will research this and come back to the Council with an answer.
MOTION made by Jensen, seconded by Hanus to approve the following licenses:
TREE REMOVAL LICENSE for
B & J Tree Care
TRANSIENT MERCItANT LICENSE for
Untiedt Vegetable Farm
The vote was nnanimously in favor. Motion carried.
1.2 CONTINUED PUBLIC HEARING: CASE 97-08: CONDITIONAL USE PERMIT - PUBLIC
AND PRIVATE SCHOOLS AND ADMINISTRATIVE OFFICES, WESTONKA PUBLIC
SCHOOLS (lSD #277) AT SHIRLEY HILLS ELEMENTARY SCHOOL.
The City Manager suggested that this Public Hearing should be continued to a date certain because of the
current study that is underway by the joint Committee of the School District and the Cities. This study should
be done by the end of June and the report should be ready by around that time. He suggested that this
hearing be continued to the first or second meeting in July.
The Council discussed the 60 day rule. The Attorney stated that since the School District request was at the
last meeting and the revised materials were submitted well within the 60 day period, there should not be a
problem.
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Mound City Council Minutes - June 10, 1997
MOTION made by Jensen, seconded by Hanus to continue this public hearing to the July 22,
1997, City Council Meeting. The vote was unanimously in favor. Motion carried.
MOTION made by Weycker, seconded by Hanus to notify the School District that this matter
does continue to be on hold until the Task Force completes its charge. The vote was unanimously
in favor. Motion carried.
1.3
PUBLIC HEARING: S.P. 145-080-01 AND S.P. 145-090-01, THE LOST LAKE CANAL
REHABILITATION PROJECT AND THE LOST LAKE GREENWAY PROJECT, FEDERAL
ENVIRONMENTAL ASSESSMENT
City Planner, Bruce Chamberlain advised the Council that this portion of the meeting will be reported
verbatim as required.
Bruce Chamberlain: "This public hearing is the same process that we went through in November.
What you are actually doing tonight is hosting a public hearing for the Federal Highway
Administration for the Environmental Assessment on this project. The purpose of the public hearing,
obviously, is to take comments and input from the public. There is no action or any statements that
the Council needs to make. What we will do with the information that we gather tonight is create
a verbatim transcript of it and then pass it along to the Federal Highway Administration for their
review as part of the EA process. There is also an open time frame through the 25th of June which
the public can provide written comment after tonight's meeting. That will also be incorporated into
the public record as part of this project. If you have any questions, I would be happy to answer
them."
Councilmember Hanus: "Will we have to respond, issue by issue, to the written responses, just as
we did the last time?"
Bruce Chamberlain: "Correct, yes. If there are issues that come up that have not been addressed
before, we'll provide some comment."
Councilmember Hanus: "It's the same thing all over again."
Bruce Chamberlain: "We'll just reference the past responses."
Councilmember Hanus: "O.K."
Councilmember Jensen: "Since we had this meeting once before, will the verbatims from that
meeting become part of this packet as well?"
Bruce Chamberlain: "They are also part of the record."
Councilmember Jensen: "Thank you."
Mayor Polston: "O.K. At this time, we'll open the public hearing on the Lost Lake Canal
Rehabilitation Project and the Lost Lake Greenway Project for the Federal Environmental Assessment.
Is there anyone here who wishes to address, or read into the record, or present written documentation
to be entered into the record on this project, S.P. 145-080-01 and S.P. 145-090-017"
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Mound City Council Minutes - June 10, 1997
Mayor Polston: "Is there anyone here who wishes to address the City Council on this Federal Project
and the Lost Lake Canal and Rehabilitation Project.'?"
Mayor Polston: "Hearing none, we will return the item to the City Council. Are there any other
questions or comments or any documentation that members of the City Council would like to see
entered into the record'?."
There was no response.
Mayor Polston: "Then at this point, we'll close the public hearing. Is there some action that's
needed by the Council?"
Bruce Chamberlain: "No action."
City Attorney John Dean: "I assume Mr. Chamberlain that the pages 2,098 through 2,239, which
are part of the Agenda Packet for tonight, will be made a part of the record that is forwarded to the
Federal Government in connection with this matter?"
Bruce Chamberlain: "Yes, actually those pages are already a part of the public record."
Mayor Polston: "Thank you, Bruce."
Bruce Chamberlain: "Thank you.
Councilmember Hanus: "Kind of feels like it's been done before."
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT.
There were none.
1.4 UPDATE ON SUMP PUMP DISCONNECTION PROJECT
The City Manager explained that this program has been underway for the past couple of months and it has
not been easy to get property owners to comply with the new ordinance. Basically, the residents have to call
for an appointment to get an inspection done. The inspections are being done by Visu-Sewer Clean and Seal.
Mr. Fenney, from Visu Sewer is present tonight. The City has worked closely with Visu Sewer trying to
make this easier for people to comply.
The following has been done:
o
The City was split into 3 sections.
Each section was sent informational packets, at different times.
Section 1 was sent. We had minimal response to that. So we sent another letter.
An ad was put in the Laker newspaper.
There have been articles in the newspaper and City Newsletter.
We are still having trouble getting people to make appointments.
The program began in April with Section 1. We have performed nearly 700 inspections. There are
approximately 1200 residences in that section.
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Mound City Council Minutes - June I0, 1997
The City Manager reported that we are not getting the response that we need from Section 1 to meet the
compliance date of August 1. He suggested that because of this we may need to inform those residents who
have not called to schedule an inspection or complied with this, that there is a fine, according to the ordinance
($100.00/month), that will be imposed upon them. He then reviewed his draft letter, which could be sent on
or about June 16, to notify residents that the $100.00 fine would be imposed after August 1st. The letter
explains why and gives them 5 days from receipt of the letter to call and make their appointment for an
inspection.
He further explained that in Section 2 similar problems have occurred. He suggested sending this letter to
this Section on or about July 16th.
Section 3 was just mailed last week and he suggested sending the letter to this section on or about August
16th.
Ron Fenney, Visu-Sewer, reported that most of inspections they are doing are in compliance, but there are
a lot of new pipes in place. He thought that there have been a number of disconnects. He further reported
that just over 50% of Sections 1 and 2 have had inspections and complied.
The Council expressed concern about sending out the draft letter threatening a fine for people who have not
complied and had the inspection done. The Council discussed how they could softly address the issue and
still gain compliance.
The City Manager stated that the City is not trying to threaten people, but we have received a $40,000.00
grant from the Metropolitan Council for this program and under the terms of the agreement a physical
inspection has to be performed.
The City Engineer stated that all the sample programs that were looked at had a fine included and some were
even higher than the $100.00 per month.
The Council felt that more education of the public on the reasons why people should not have sump pumps
discharging into the sanitary sewer needs to be done. The following reasons should be put in a shorter letter
to residents as a reminder of the need for this inspection:
2.
3.
4.
Savings in tax dollars for the cost of treating clear water.
Give a number to call if residents have questions or would like additional information.
There is a fine if they do not have the inspection, but we do not want to do that.
These are not government employees. They are private contractors coming into your home and
doing the inspections.
Offer the option of signing an affidavit that they do not have a sump pump.
The City Engineer stated this would have to be cleared through Metro to make sure it
is acceptable. The City Attorney advised that the ordinance does not allow this and
would have to be amended if this were included.
The City Manager advised that this program is supposed to be completed in March of 1998. It is an 18
month program. After the inspections are completed, then Visu-Sewer has to go back and do the
reinspections of the ones that have sump pumps to make sure they are plumbed properly. The inspections
then have to be done every one, three and five years. After that we will be told if this is a grant or a loan.
It is a grant if we have compliance. If we don't have compliance, we have to pay the $40,000.00 back to
the Met Council.
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Mound City Council Minutes - June 10, 1997
MOTION made by Weycker, seconded by Jensen directing staff to prepare a shorter, softer,
reminder letter with the reasons listed above to be sent to the people who have not set up
inspections. The City Engineer is to check on allowing an affidavit if people do not have a sump.
The vote was unanimously in favor. Motion carried.
APPOINTMENT TO MINNEHAHA CREEK WATERSHED DISTRICT (MCWD)
STORMWATER MANAGEMENT TASK FORCE
The City Manager reviewed a letter from the Minnehaha Creek Watershed District, dated June 3, 1997,
regarding a Stormwater Management Task Force to address concerns with Rule B. They are asking that we
appoint a representative to this task force. The Mayor has agreed to be the representative.
Hanus moved and Weycker seconded the following resolution:
RESOLUTION #97-56 RESOLUTION APPOINTING MAYOR BOB POLSTON TO THE
(MCWD) STORMWATER MANAGEMENT TASK FORCE
The vote was unanimously in favor. Motion carried.
1.6 SELECTION OF ARCHITECTURAL FIRM TO PERFORM COST ESTIMATE REGARDING
RENOVATION OF EXISTING WESTONKA COMMUNITY CENTER
The City Manager stated that previously the Council approved a contract with TSP/EOS to do an analysis of
the existing Westonka Community Center and its possible renovation. He stated that report will be completed
by tomorrow. The second portion of the project is to get a cost estimate from an architectural firm, who
could utilize the report that is being prepared. He sent out 6 RFP's for this, one of which was TSP/EOS.
He received a proposal from TSP/EOS and 1 from a cost estimator, which is a subcontractor for an
architectural firm. TSP/EOS met the requirements in the RFP because they are an architectural firm and do
have the ability to perform the cost estimate. The price is $2,700.00. The other company, Constructive
Ideas, Inc. of St. Paul, did not meet the requirements of the RFP, but submitted a price of $10,980.00. The
City Manager recommended the selection of TSP/EOS.
MOTION made by Hanus, seconded by Jensen to select TSP/EOS to perform the cost estimate
for the renovation of the Westonka Conmmnity Center. The vote was unanimously in favor.
Motion carried.
ADD-ON ITEMS
1.7 RESOLUTION APPROVING A CONDITIONAL USE AGREEMENT WITH HENNEPIN
COUNTY REGARDING ELECTRONIC GEOGRAPHICAL DIGITIZED DATA BASE AND
AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE AGREEMENT.
The City Manager explained that Hennepin County has developed a proprietary geographical digitized data
base which was designed and built to be used in conjunction with Ultimap, an authomated mapping facility
software product. He did not have a price on the cost but the agreement will allow the City to have this
available for our Staff, City Engineer and City Planner. We could develop a new zoning map, as well as
other maps with this program. The Mayor he would like to see how this mapping works for facilities
management for utilities. The Council would like to have a cost before entering into this agreement.
No action was taken on this item.
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Mound City Council Minutes - June 10, 1997
1.8 RESOLUTION TO REGULATE AND LIMIT LAWN SPRINKLING
The City Manager explained that the Public Works Superintendent has advised him that there is a potential
for a water shortage. He has suggested regulating and limiting lawn sprinkling. He presented the proposed
resolution. The Council discussed the limitations and asked that there be several exceptions: new sod or
newly seeded areas and people who use lake water to sprinkle. They also asked that commercial properties
be included. There will be a notice in the newspaper and door hangers will be made up.
Polston moved and Hanus seconded the following resolution (with the exceptions noted above):
RESOLUTION//97-57 RESOLUTION TO REGULATE AND LIMIT LAWN SPRINKLING
The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS:
A. Department Head Monthly Reports for May 1997.
B. LMCD Representative's Monthly Report for May 1997.
C. Memorandum from Floyd Olson, Kennedy and Graven, regarding a question that was raised following
the Council Meeting where discussion was held on multiple docks and their locations.
D. 1998 draft LMCD Budget.
E. Preliminary Population and Household Estimate (April 1, 1996) for the City of Mound as prepared
by the Metropolitan Council.
F. REMINDER: Committee of the Whole Meeting, Tuesday, June 17, 1997, 7:30 p.m.
G. REMINDER: Annual Fish Fry at Mound Fire Department, Saturday, June 7, 1997.
H. REMINDER: Mound City Days, June 13-15, 1997.
I. REMINDER: HRA Meeting 6/10/97, 7:00 P.m., City Hall.
J. Joint Committee of the School District and Cities of Minnetrista and Mound Will Be Meeting at 7:00
P.m., Wednesday, June 11, 1997, Minnetrista City Hall.
K. Letter from Curt Johnson, Metro Council Chair, regarding initiatives taken by the Metro Council in
the Areas of Public Safety.
MOTION made by Jensen, seconded by Hanus to adjourn at 9:15 P.M. The vote was
unanimously in favor. Motion carried.
Attest: City Clerk
E/E~~'SXhuk/e, Jr., City Manager~~
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BILLS June 10, 1997
BATCH 7053 $121,364.34
BATCH 7054 98,935.59
Total Bills $220,299.93