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2003-12-23MOUND CITY COUNCIL MINUTES DECEMBER 23, 2003 The City Council of the City of Mound, Hennepin County, Minnesota, met in special session on Tuesday, December 23, 2003, at 7:00 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mark Hanus, David Osmek and Peter Meyer. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Finance Director Gino Businaro, Public Works Director Carlton Moore, City Engineer John Cameron, Michael Edwards, Dianne Edwards, William Mueller, Duane Norberg, John Bergren, Gerald Pauly, Jim McCaul, Guy Johnson, Tim Levers, Chad & S. Reuter, Brian Tienter, Jeni Olson, Jerry Henke, Mary Moon, Bill Jacobwith, Linda Martinson, Robert Holman, Guy Jenks, Jerry Clapsaddle, Peter Wimsatt, Richard Hawks, Loren Schmidt, Michael Bennett Consent Agenda: Afl items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roil carl vote. There will be no separate discussion on these items unless a Councilmember or citizen so requests, in which event the item will be removed from the Consent Agenda and considered in normal sequence. 1. OPEN MEETING Mayor Meisel called the meeting to order at 7:00 p.m. 2. PLEDGE OF ALLEGIANCE 3. APPROVE AGENDA Mayor Meisel stated that there was a correction to the consent agenda, being that the temporary wine license applicant is the Northwest Tonka Lions, not the Mohawk Jaycees. MOTION by Osmek, seconded by Brown to approve the agenda as corrected. All voted in favor. Motion carried. 4. CONSENT AGENDA MOTION by Brown, seconded by Hanus to approve the consent agenda. vote, all voted in favor. Motion carried. Upon roll call A. Approve Payment of Claims in the amount of $771,068.88. B. Approve Final Payment Request from Buffalo Bituminous for $2,349.80 for the Westedge Street Improvement Project. C. Approve Request for Letter of Credit Reduction from LMB for Langdon Trails, resulting in remaining balance of $66,567.00 (releasing $199,724.00). Mound Council Minutes - December 23, 2003 RESOLUTION NO. 03-117: RESOLUTION ESTABLISHING PROCEDURES RELATING TO COMPLIANCE WITH REIMBURSEMENT BOND REGULATIONS UNDER THE INTERNAL REVENUE CODE. RESOLUTION NO. 03-118: RESOLUTION TO APPROVE THE RELEASE OF A PORTION OF TAX FORFEITED PROPERTY, PID #13-117-24-11-0064, TO THE ABUTTING PROPERTY OWNER ONLY. F. Approve temporary wine license for Northwest Tonka Lions for January 3, 2004 dinner and wine tasting at the Gillespie Center 5. PUBLIC HEARING - CONTINUATION - 2004 STREET RECONSTRUCTION PROJECT City Attorney John Dean explained that the hearing needed to be held tonight in order to satisfy state statute which requires two weeks' publication in the official newspaper, The Laker inadvertently missed a previous publication and subsequently published the hearing notice on December 13th and 20th for this evening's hearing. The Council gave anyone present at the December 9th meeting the opportunity to address the council and statements and testimony from that meeting will be made part of the record for the public hearing tonight. City Engineer John Cameron reviewed the project areas, along with the projected project costs and estimated assessments. Mayor Meisel opened the public hearing at 7:30 p.m. Mike Bennett, 2973 Hazelwood Lane, asked questions regarding placement of aprons in the red color-coded area. Cameron explained that where there is presently no curb and gutter, concrete aprons will be installed and that cost will be included in the overall project cost and spread out on a unit basis. Guy Jenks, 6120 Beachwood Road, stated that when their development was built, they had the option for curb and gutter and chose not to have it installed. For the last 25+ years they haven't had any curb and aesthetically curb and gutter doesn't fit in. The only problem traffic they have is the snowplows of Mound. He knows the road meets MnDOT standards regarding the base underneath, and the road has only been sealcoated once where rocks were thrown on and compactors ran over it. The people living on Beachwood have no problem with skimming a coating off and putting down a fresh layer, but definitely don't want curb and gutter. The road wasn't built for curb and gutter. Their area also doesn't have any problem with water drainage. The basins are working and they haven't had watermain breaks. The only thing they want is overlay and he asked the Council to take into consideration what the people living in the area want and what it means to them to have the area remain like they bought it. Meisel stated that one of the reasons for the hearing is to hear from people in various 2 Mound City Council Minutes - December 23, 2003 neighborhoods. Jenks stated that he didn't get a letter informing him of the original December 9th meeting, and neither did his neighbors. Cameron stated that he will look at the grades, but as far as curb and gutter going in, when the street reconstruction policy was looked at last Winter, there were a number of reasons stated for the installation of curb and gutter, including improving drainage, protecting edge of streets from cracking, increase value of property, defines driving surface and aids in snow removal. Cameron will take another look at the need for curb and gutter. Gerald Pauly, 5901 Hawthorne Road, stated that he doesn't think the section of Idlewood is that bad, but has a question on the corner of Hawthorne, where the watermain has broken behind the curb twice. Every time it rains there is a lake in front and he stated that the curb needs to be jacked up and the watermain repaired before the street is redone. Cameron stated that some sections of watermain in that area are really old and may have to replace the whole main, but in other areas just sections may have to be replaced. They are still evaluating the records to determine watermain repair. Pauly stated that he plans on putting in a new driveway this summer, and Meisel informed him that if owners are interested in putting in driveways, they can get bids from the contractor doing the street project and possibly get a better price. Cameron stated that if a resident on the street project wants to pave his driveway, the cost can be included with the street assessment. Pauly asked why the project quits at Ridgewood and Cameron informed him that this is a Municipal State Aid Street and will be done in the next few years. Mike Edwards, 2805 Halstead Lane, stated that he spoke at the December 9th meeting, but has pictures for the Council to look at that show various construction traffic on Halstead Lane. He thinks that Halstead Lane's improvement should be delayed until after the construction on North Saunders Addition is completed. The developer notified the contractors to use Westedge Blvd, but they are still using Halstead. Osmek suggested having the City erect signs, directing construction traffic to Westedge Blvd. Jim McCaul, 5921 Idlewood, doesn't feel his road needs repair and asked if he could get a petition not to have it done. John Dean stated the decision whether to do the work rests with the City Council, and if there is reason not to do the work a petition can be presented but the bottom line is if it makes sense to do the work. The Council may order the improvement this evening. McCaul asked if the overlay is guaranteed for so many years and Cameron stated that they get one to two years from the contractor but it is his past experience that overlay will add 15-20 years to a street's life. John Bergren, 5928 Idlewood, stated he also was at the December 9th meeting, but still has questions. He asked if this project idea was reached because of complaints of residents or was it a school project? Meisel state it was not a school project, and Bergren continued stating it's personal to him because it comes out of his pocket. His taxes went up 6%, now he's getting charged a street light fee, and a proposed street 3 Mound City Council Minutes - December 23, 2003 assessment. He hasn't gotten a 6% pay raise for years in a row and is sure other people in Mound haven't either. Brown stated it may sound like there is a lot being done now, but if you look at the last 30 years, everyone was saying nothing was getting done. That's the problem - they have to start somewhere and in 2003 the street reconstruction project was started and they plan to continue it to repair watermains and streets throughout the city. They are trying to make up now for people in the past that didn't do any preventive maintenance. Osmek stated that while Idlewood may be necessary, he questions if Finch, Eagle and Gull could wait. He stated that if a street doesn't get on next year's project it will eventually be replaced. It is the Council's responsibility to decide when. Bergren questioned having an intern do the qualification of the street conditions. Kandis Hanson stated that he was hired by the city to do the assessment of the streets, and it was not a school project. This is the type of project where the City can have someone trained to recognize the state of streets do it and save the expense of the City Engineer. Bergren asked if the lighting fees could be kept in the general fund because somewhere the well is going to go dry. Osmek stated that four members of the Council agreed with backing off of maxxing the tax levy. He also got 0% raise in July and has to live with that until next July. Meisel stated that the Council understands the economy and are looking at the city as a whole. The Council also pays taxes in this City. Sheila Reuter, 2354 Fairview Lane, asked what was going to be done on her street and Cameron informed her that her property is designated for concrete curb and gutter. Reuter questioned the need for new curb when she has bituminous, and if the wall would be taken out. Cameron stated that this is similar to the project this summer, where they remove 2-3 feet off the edge and new curb and gutter is poured, then the leveling course is installed so drainage is directed into the new gutters, then they do an overlay on it. Reuter asked how much St. John's Church is being assessed because the traffic is 90% from them. The street wouldn't be bad if not for the church's traffic. Meisel stated that we all use roads to some extent, Reuter asked if speed bumps can be put in and Meisel informed her that this is an improvement hearing and those concerns can be discussed at a later date. Duane Norberg, 6015 Aspen Road, asked what kind of curb is proposed in his area. Cameron stated that what is referred to as B6-18 is proposed. It's 6" high, the same that's on CSAH 15 and 110, and it's not surmountable. On Aspen they are planning concrete aprons at all driveways. Norberg asked about access to their property during the project and Cameron answered that they hope to have access at all times except when the driveway aprons are being poured. You have to keep off of this for 2 days, and all affected owners will get noticed of when this will be. Curt Pflug, 5900 Ridgewood, asked when Ridgewood was going to be improved and Cameron explained this is also a State Aid Street and will be done in the future. Pflug stated he has contacted the City regarding ponding and the curb falling away from the road. Cameron will look into this. 4 Mound City Council Minutes - December 23, 2003 Jerry Clapsaddle, 2611 Granger Lane, reiterated what Jenks commented on, stating that he doesn't think they suffer from a lot of problems, and doesn't want to see curb and gutter in their neighborhood. He stated that the problem is maintenance in the center of the road, being bad holes. He also stated that the water line in their neighborhood needs to be looped to improve the quality and pressure. Osmek stated that the new well is going to be in operation next year and that may take care of the problem. Upon no further comment, Mayor Meisel closed the public hearing at 8:20 p.m. Discussion followed regarding which streets the Council and Engineer thought could be eliminated from this year's project and postponed to a future year. Osmek stated that by cutting the Bluffs, the Highlands, Woodcrest, Eagle, Finch, Gull, Avon and the Shirley Hills Area (with the exception of Chateau and Fairview) that the project should be at about $1.2 million, with the city's share being about $270,000. MOTION by Osmek, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 03-119: RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS FOR 2004 STREET RECONSTRUCTION PROJECT Mayor Meisel called a recess at 9:06 p.m. and reconvened at 9:15 p.m. The Council then went into executive session for item 6. 6. EXECUTIVE SESSION FOR PURPOSE OF CONSIDERING STRATEGY FOR LABOR NEGOTIATIONS PURSUANT TO MINNESOTA STATUTES 13D.03. The Council returned from executive session at 10:10 p.m. and Mayor Meisel informed the public that the session dealt with labor contracts and that direction was given to the City Manager and representatives from Frank Madden's office. 7. ADJOURN MOTION by Brown, seconded by Hanus to adjourn at 10:11 p.m. All voted in favor. Motion carried, Attest: Bonnie Ritter, City Clerk Mayor Pat Meisel ' 5