Loading...
2005-11-22 MOUND CITY COUNCIL MINUTES NOVEMBER 22, 2005 The City Council for the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, November 22, 2005, at 7:30 p.m. in the council chambers of city hall. Members Present: Mayor Pat Meisel; Councilmembers Bob Brown, Mike Specht, and John Beise. Members Absent: Councilmember David Osmek. Others Present: City Attorney John Dean, City Manager Kandis Hanson, City Clerk Bonnie Ritter, Community Development Director Sarah Smith, Public Works Director Carlson Moore, City Engineer Frank Roos, Finance Director Gino Businaro, Liquor Store Manager John Colotti, Mary Sherman, Steve Sexton, Kathleen Arendt, Jake Jacobson, Jane Vanderwilt, Kathy Morrow, Tom Ptacek, John Hannigan, Karen and Jeff Boser, Steve and Deb Grand, Walter Baker, Bill and Cami Kuhbander, Bob Derner, Dennis Kelm, Roger Whaley, Erik Figenskau, James Fretham, Ellsworth Fretham, Sharon Hinde, Todd Shaw. Consent Agenda: All items listed under the Consent Agenda are considered to be routine in nature by the Council and will be enacted by a roll call 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 opened the meeting at 7:34 p.m. 2. Pledge of Allegiance 3. Approve Agenda kandis requested the addition of 4F, Public Lands Permit for 2128 Centerview Lane, and the addition of 11.1, Law Enforcement Labor Service Agreement Meisel requested to remove item E from the consent agenda and Beise requested the removal of item C1 from the consent agenda. MOTION by specht, seconded by Brown to approve the agenda as amended. All voted in favor. Motion carried. A. Approve minutes of November 8, 2005 regular meeting B. Approve payment of claims in the amount of $704,751.89. C. Approve Payment Requests 1. (removed) Mound City Council Minutes -November 22, 2005 2. Payment Request No. 6 from Buffalo Bituminous in the amount of $131,254.80 for the 2005 Street Project. 3. Payment Request No. 1 from Chicago Bridge and Iron in the amount of $215,327.93 for the Cheatau Water Tower 4. Payment Request No. 4 from Veit & Company in the amount of $206,826.40 for Lost Lake Dump Response Actions D. RESOLUTION NO. 05-149: A RESOLUTION APPROVING A MINOR SUBDIVISION FOR THE PROPERTY LOCATED AT 2308 FERNSIDE LANE. PS<Z CASE No. 05-69. PID #13-117-24-44-0040. E. (removed) F. RESOLUTION NO. 05-150: A RESOLUTION APPROVING A PUBLIC LANDS PERMIT TO ALLOW REMOVAL OF A SMALL WILLOW TREE ON THE CENTERVIEW COMMONS 4C(1). Payment Request No. 8 from Magnet/ Construction Beise questioned if we are on track with this project. It was approved in January and has been a very long running project. Carlton stated that the pumphouse has been on line and they had a number of issues with equipment. The contract is not finished and the work hasn't been accepted yet, and they are still on schedule. MOTION by Brown, seconded by Beise to approve Payment Request No. 8 from Magney Construction in the amount of $12,877.99 for the Well #8 Pumphouse. All voted in favor. Motion carried. 4E. Public Lands Permit - 5308 Three Points Blvd. -Construction of driveway turnaround, with portion in public ROW Walter Baker, 5300 Three Points Blvd., appeared before the Council with regard to this request. He is the neighbor to the east of this property and expressed concern over drainage of the property. The property has recently been raised for construction of a new home and he feels that the drainage issue needs to be addressed before the public lands permit is approved. He also commented that the sketches submitted with the permit don't have any dimensions or elevations noted so it is unclear how drainage will be affected. MOTION by Brown, seconded by Specht to table this item until the first regular meeting in January, and remand the application to the Planning Commission for their recommendation. All voted in favor. Motion carried. 5. Comments and suggestions from citizens present on any item not on the agenda. -None were offered. 2 Mound City Council Minutes -November 22, 2005 6. Public Hearings A. Hearing on Municipal Liquor Store Harbor Wine and Spirits Liquor Store Manager John Colotti reviewed the operations of the liquor store stating that the liquor store operates for two reasons; to control the sale of alcohol in the community and to generate revenue for the City. He gave the history of the liquor store and its move to the new location in 2003, along with the change of name. He developed new marketing to upscale the atmosphere and create a positive image and established the new liquor store as a premier wine and spirits destination in the Mound/Westonka area. The challenges that have faced the liquor store are being in the first phase of development of Mound Marketplace, along with the construction of CSAH 15 from April to November of 2004, and the opening of MGM Liquor in Spring Park. The construction greatly affected business and revenues. He reviewed and showed increases in customer count in 2005 since February, along with revenue overviews for 2003, 2004 and 2005 to date. Mayor Meisel opened the public hearing at 8:06 p.m. and stated that the public hearing is being held in accordance with state statute. Upon no public comment being offered, Mayor Meisel closed the public hearing at 8:07 p.m. MOTION by Beise, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-151: RESOLUTION REGARDING CONTINUATION OF MUNICIPAL LIQUOR STORE B. 2006 Street Reconstruction Project Improvement Hearing Frank Roos of MFRA reviewed the feasibility study for the proposed 2006 Street Reconstruction Project. He reviewed the history of the street inventory and ratings and reviewed the preliminary project cost estimates and preliminary assessment estimates. Mayor Meisel opened the public hearing at 8:41 p.m. Deb Grand, 6023 Evergreen Road, asked how much the assessments were for a typical lot in the 2005 Project and was told that the 2006 estimates are about double what the final assessment was for the 2005 project. MFRA feels they are estimating high due to the recent fluctuation of oil prices, along with demand for materials for the hurricane relief down South, and that the lots in this year's project are larger than the lots in last year's project so the assessment per lot will be higher. Bob Shidla, 5975 Beachwood Road, asked for the definition of a typical lot and Meisel informed him that a lot is considered one unit for assessment purposes, regardless of its size. Shidla then asked about interest rate and Meisel informed him that the interest rate for the 2005 project was 8%, but that could change for the 2006 project. 3 Mound City Council Minutes -November 22, 2005 Mary Sherman, 5056 Wren Road, asked how a corner lot is assessed and Meisel informed her that if both abutting streets are on the project the lot will be assessed one unit. If just one street is being done it will be assessed '/2 unit and the other'/Z when the other abutting street is done. She asked about the end of Gull and Carlton Moore informed her that they were doing a small piece at the south end of Gull that wasn't done on previous projects. Previously it was patched by Public Works, and will be done now with the 2006 project. Sherman asked when the bids would be opened and considered and she was informed of this process. Cathy Morrow, 5896 Beachwood Road, asked about putting in more storm drains because her yard floods during heavy rain. Moore will look into this. Erik Figenskau, 3070 Highland Blvd., asked why all of Highland is not included in the project, and Moore explained that a portion of Highland is a Municipal State Aid Street and explained the procedure taken for improving streets with that designation. Figenstau asked if having the city pay 1/3 and assessing 2/3 is a standard and was informed that each city sets its own assessment and an average city share is probably 25-35%. Figerskau also indicated that he also has an issue with rusty water. Allan Moran, 6155 Evergreen Road, asked why Evergreen couldn't be sealcoated like Westedge Blvd., instead of mill and overlay. Moore explained that Westedge is also a MSA street and the sealcoating was done to maintain it until MSA funds are available for resurfacing. Moran then asked what the street rating would be when complete if it is 70 now. Roos explained that it will be 94-95 and the only way to get it to 100 is to totally rebuild it. Moran then asked about the maintenance program and Moore explained the city's proposed sealcoating program. Jake Jacobson, 5921 Fairfield, stated there is no storm sewer in his area and the city put a cement apron from his corner to the marsh. During storms he has a 2 ft. swell going over the curb and when it rains slightly there is still water going over the curb. He indicated that there has been so much sediment left in the street that there is grass growing in front of his house in the street. He also indicated that he water is very rusty. When he's away from home for a short time he has to run his water to flush out the rust. His water pressure also varies with the time of day and season. Also the fire hydrant he does have has been bagged and taped. Moore will check into these concerns. Jim Fretham, 3138 Highland Blvd., expressed concern with the end of Highland Blvd in that he feels there is the need for a fire hydrant or something at the end of Highland. He also indicated that his water is very rusty and absolutely terrible. Moore indicated that he was not aware of this condition and will check on it. Fretham asked who determines if the aprons are good or bad and if the homeowner can have theirs replaced either way. Meisel informed him that the aprons can be replaced and paid for by the homeowner along with the regular assessment for the street. 4 Mound City Council Minutes -November 22, 2005 Bill Kuhbander, 4947 Quail Road, questioned the difference in this year's estimate for unit assessments vs. last years and suggested that if the price is that much higher the project be put on hold for a year to see if prices come back down. Steve Grand, 6023 Evergreen Road, stated that the 2005 project was behind his home and it seemed that they would do some work, disappear for 2-3 weeks, do some more work, disappear for another week, etc. He asked if it more sensible to go into an area and complete it before moving on to another. Kandis Hanson answered that it may seem impractical from the customer's standpoint, but each process is done by a different contractor and they come into town in certain sequence to do one process, then wait for the next contractor to do the next component. That process leaves the streets ripped up longer but it's the only way it can happen because all the contractors perform a different component. Grand indicated that whatever they can do to speed up the process would be a benefit to everyone. He also asked if there would be public input when the bids are considered. Meisel informed him that it's not a public hearing but input from the public is not turned down. Sharon Hinde, 2731 Rosewood Lane, asked whether the project is approved or not, she has rusty water and bad water pressure. Councilmember Brown asked if it possible to loop the line at the end of Highland and Moore indicated that they will look into that possibility. Todd Shaw, 2025 Shorewood Lane, stated he has two lots and asked if he would be assessed for two unit charges. Kandis Hanson suggested he look into the possibility of combining and dividing his lots. John Dean cautioned that regarding lot combination, if combine and as a result get one unit charge, if at some future date the lot is divided they will have to pay another unit charge at that time. Upon hearing no further comment, Mayor Meisel closed the hearing at 9:27 p.m. MOTION by Specht, seconded by Brown to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-152: RESOLUTION ORDERING IMPROVEMENT AND PREPARATION OF PLANS FOR 2006 STREET RECONSTRUCTION PROJECT. 7. Consideration/Action on POSAC Dakota Trail Recommendation The Parks and Open Space Advisory Commission recommends that the Dakota Rail be paved up to 500' east of Westedge Blvd, and the last 500' be Class 5 Aggregate. MOTION by Brown, seconded by Specht to accept the recommendation as stated above from the POSAC and forward this on to the Three Rivers Park District Board of Commissioners. All voted in favor. Motion carried. 5 Mound City Council Minutes -November 22, 2005 8. 2006 Lost Lake Dredge Proiiect A. Action on Feasibility Report, Plans and Specifications and Advertisement for Bids MOTION by Brown, seconded by Specht to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 05-153: RESOLUTION RECEIVING FEASIBILITY REPORT, APPROVING PLANS AND SPECIFICATIONS, AND AUTHORIZING ADVERTISEMENT FOR BIDS FOR THE 2006 LOST LAKE DREDGE PROJECT B. Set special meeting to award contract for Lost Lake Dredge Project MOTION by Specht, seconded by Beise to set a special meeting for December 19, 2005, at 8:00 a.m. to consider bids and award contract for 2006 Lost Lake Dredge Project, and to direct the City Clerk to insert this date and time into Resolution NO. 05- 153. All voted in favor. Motion carried. 9. Action on Ordinance Amending Chapter 256 of the City Code as it Relates to the Docks and Commons Advisory Commission Meisel stated that she asked that this ordinance be prepared which would do away with the Docks and Commons Commission and combine those duties and create a new commission, being the Parks, Open Space, and Docks Commission. After discussion it was determined that this item should be put on a future agenda when the full council is present. MOTION by Brown, seconded by Specht to table this item and Item 10 until the December 13, 2005 meeting. All voted in favor. Motion carried. 10. Action on Ordinance Amendinct Chapter 255 of the City Code as it Relates to the Parks and Open Space Advisory Commission See motion under Item 9. 11. Contract Proposal with Minnesota Teamsters Local No. 320 -Public Works MOTION by Brown, seconded by Beise to approve the terms as submitted for the Minnesota Teamsters Local 320 -Public Works Union Contract, effective January 1, 2006 through December 31, 2007. All voted in favor. Motion carried. 11.1 Contract Proposal with Law Enforcement Labor Services (Local 266) MOTION by Brown, seconded by Specht to approve the terms as submitted for the Law Enforcement Labor Services Local 266, effective January 1, 2005 through December 31, 2007. All voted in favor. Motion carried. Mayor Meisel called for a ten minutes recess at 9:50 p.m. 6 Mound City Council Minutes -November 22, 2005 12. Executive Session for discussion of attorney/client privilege information regarding Michael and July Gardner vs. City of Mound City Attorney John Dean explained that the city received a summons and declaratory judgement action from property owners in the area of Woodland Road and action seeks to determine title and interest of an unimproved portion of Woodland Road in Woodland Point Subdivision. The City has referred this matter to the League of Minnesota Cities who designated George Hoff to represent the City. It is his view that the need for confidentiality outweighs the public nature of the meeting and suggest they go into closed session. Council returned from Executive Session at 10:37 p.m. John Dean explained that the executive session was completed and they discussed the Woodland Point declaratory judgement matter with legal counsel and discussed strategy involving the lawsuit and issues involving approaching a settlement. 13. Miscellaneous/Correspondence A. Questions and comments from Councilmembers B. Correspondence:Westonka News -November 9, 2005 Westonka News -November 16, 2005 Westonka Healthy Community Collaborative League of Minnesota Cities Fox Lawson & Associates Northstar Commuter Rail The Visitor Center C. Reports: Finance Department -October 2005 City Statistics LMCD 2005 Fall Clean-up 14. Adjourn MOTION by Brown, seconded by Specht to adjourn at 10:39 p.m. All voted in favor. Motion carried. C e~//// Attest: Bonnie Ritter, City Clerk ~/J , ~~~~ /~' Mayor Pat Meisel 7