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1994-03-22March ~, lgg4 MINUTES - MOUND CITY COUNCIL - MARCH 22, 1994 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, March 22, 1994, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Skip Johnson, Councilmembers Andrea Ahrens, Liz Jensen, and Ken Smith. Councilmember Phyllis Jessen was absent and excused. Also present were: City Manager Edward J. Shukle, Jr., City Clerk Fran Clark, City Attorney Curt Pearson, Building Official Jon Sutherland, and the following interested citizens: Nancy l_anz, Cathy Bailey, Ellen Scholer, Bernie & Mary Malcheski, Dotty O'Brien, Leonard Kopp, Susan Wilkens, Bernice Putt, Charlie Warner, Kiki Sonnen, Bill Jacobwith, Mary Moon, Pat Shay, Dave Willette, Clark Lillehei, Tom Melcher, and Jerry Kohls. The Mayor opened the meeting and welcomed the people in attendance. The Pledge of Allegiance was recited. 1.0 MINUTES MOTION made by Jensen, seconded by Smith to approve the Minutes of the March 8, 1994, Regular Meeting, as submitted. The vote was unanimously in favor. Motion carried. 1.1 RECYCLOTTO WINNER The Mayor announced that $100 Westonka Dollars will be awarded to Gary Potas, 2128 Centerview Lane for recycling the week of March 14, 1994. 1.2 PUBLIC HEARING: YEAR XX COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) PROGRAM The City Manager reported that the following is being proposed for Year XX in the Community Development Block Grant Program (CDBG): ACTIVITY BUDGET Rehabilitation of private property Westonka Community Action Network (WECAN) Westonka Intervention Westonka Senior Center - Operations Community Action for Suburban Hennepin (CASH) $28,991 $ 8,000 $ 5,700 $24,670 $ 2,500 $69,861 126 March 22, 1994 The Mayor opened the public hearing. The following persons from the following organizations spoke about their programs: Charlie Warner, Community Action for Suburban Hennepin (CASH); Nancy Lanz, Westonka Intervention; Cathy Bailey, Westonka Senior Center; Sue Wilkens, Westonka Rides; Leonard Kopp, President Westonka Senior Center; and Kiki Sonnen, Westonka Community Action Network (WECAN). The Mayor closed the public hearing. Smith moved and Ahrens seconded the following resolution: RESOLUTION//94-36 RESOLUTION APPROVING THE PROJECTED USE OF FUNDS FOR 1994 URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM (CDBG) The vote was unanimously in favor. Motion carried. 1.3 CASE //94-08: REQUEST FOR OPERATIONS PERMIT - THE TORO COMPANY, 5320 SHORELINE DRIVE The Building Official explained that Toro is seeking approval of a modification to the original permit to allow a warehouse expansion of 16,772 square feet. This will not result in additional employment. Toro previously received approval for a trailer parking area on the west end of the site with a capacity of 12 trailers. That same approval contained a provision requiring Balboa to provide a landscaping plan which included tree, shrubs and berming. They were also required to post a performance bond in an amount up to $15,000. The landscaping improvements were never completed and the performance bond was not posted. The Planner noted in his memo that it is unlikely that the landscaping referenced would significantly mitigate noise coming from the Balboa site, but it would have provided a visual buffer. He emphasized that the landscaping requirements were the responsibility of the building owner, not Toro. The Building Official noted that there have been complaints in the past few months about noise from the late night operation of trucks including loading/unloading activities. The Staff recommendation is approval of the requested Operations Permit modification to expand the warehouse area by 16,722 square feet. Clark Lillehei, Director of Operations for Toro Company, stated that the addition of this warehouse space could help with the night noise problem. It will help internally store more product so that they can handle the increased activity during the daytime hours and it will help reduce the activity that they have in the evening. Mr. Lillehei reported that for the total of 3 shifts Toro employes close to 300 people. 127 128 March 22, 1994 Willaim Jacobwith, 5280 Lynwood Blvd. submitted the following signed by 7 persons: Citizens Complaint of Toro Operations "The citizens of Mound would like to see changes made in the way Toro operates. The households living near the Toro building want to register the following complaints. TRUCK TRAFFIC & NOISE: Trucks use the parking lot as a truck stop idling engines hours at a time, excessive motor reving and tire burning by employees, trucks driving over curbs sending vibrations through nearby windows. BUILDING NOISE: EXHAUST FUMES: Trucks idle hours at a time causing exhaust fumes to permeate houses. We wish to see all truck traffic restricted between the hours of 7 PM and 7 AM. The construction of a sound barrier. Move driveway entrance to west side of building connecting directly to Highway 15. Stop all unnecessary truck idling for hours at end." William Jacobwith, 5280 Lynwood Blvd. Mary E. Moon, 5280 Lynwood Blvd. Pat Shay, 5348 Lynwood Blvd. Teri Hentges, 2212 Centerview Lane Gerald W. Kohls, 5424 Lynwood Blvd. & 5408 Lynwood Blvd. Scott Olson, 5440 Lynwood Blvd. The following people reiterated their complaints: Mary E. Moon, Pat Shay, and Gerald Kohls. Mr. Jacobwith also stated that there are more trailers there than are allowed. Mr. Kohls stated that there was a truck parked there last week all night with his Thermo King refrigeration running. Mr. Kohls also suggested that the semi's could be parked in the CR's lot off of County Road 15 and the employees could park where the trailers are parking now. The Council discussed trying to find a way for the City, Welsh, Toro and the neighbors to deal with this. 128 Mm'ch 22, 1994 Mr. Lillehei, Toro, stated there should be no trucks parked there overnight, idling. He also suggested that there was another business in the building that utilized trucks and that could be part of the problem. He also stated they are trying and will continue to endeavor to be good neighbors, but they do not own the entire facility and do not have control over all the locations. Mr. Lillehei related that he thinks the activity will be reduced because of the additional warehouse space in the building. The Building Official stated that Mr. Lillehei is correct in stating that Toro is not responsible for all the trucks in the lot. Smith moved and Ahrens seconded the following resolution: RESOLUTION//94-37 RESOLUTION TO APPROVE THE AMENDMENT TO THE OPERATIONS PERMIT FOR TORO COMPANY TO INCREASE WAREHOUSE SPACE AT 5320 SHORELINE DRIVE The Council discussed having the Police monitor the lot to make sure that trucks are not using the lot for overnight parking. The City Attorney stated that this is private property and the owner of the building, Welsh Co. or Toro would have to post the lot and initiate the towing, if necessary. There will be a meeting between the City, Welsh, Toro and the neighbors to discuss the issues. The City Manager will report back to the Council at the April 19th, Committee of the Whole Meeting. The vote was unanimously in favor. Motion carried. 1.4 CASE //94-10: WILLETTE CONSTRUCTION, INC., 4744/4748 HAMPTON ROAD, LOTS 25, 26 27, BLOCK 10, PEMBROKE, PID //19-117-23 33 0203, MINOR SUBDIVISION The Building Official explained the request. The Staff and Planning Commission recommended approval with conditions as listed in the proposed resolution. The City Attorney pointed out that most of the things required in the proposed resolution are being put off until sometime in the future and that in his opinion this is contrary to the intent and wording of the subdivision ordinance which indicates that either these things are done or there is a surety bond or letter of credit posted to insure that they will be done. He suggested that the following be done before the division is allowed: (1) pay the $1,000 in park dedication fees; (2) pay the deficient street unit charge ($1,768.45); (3) there should be arrangements made on how the sewer and water is going to be handled; and (4) someone has to take responsibility for 129 !30 March 22, 1994 how the easements are prepared (who is going to draft them and who is going to pay for it). This is to insure that all the items are handled in a timely manner and someone down the line does not get stuck with the expenses. The Attorney pointed out that surveys do not grant easements. You have to get them through a dedicated plat or you have to have documents that convey easements. On the proposed resolution, add to item D as follows: "The applicant shall prepare and have the the City review the above described easements. Whatever costs are associated with the review on the part of the City and in recording shall be paid by the applicant." Item F should read: "Park dedication fees in the amount of $1,000 shall be paid for Parcels A and B before release of the resolution. ~ Item E should read: "One deficient street unit charge shall be paid in the amount of $1,768.45 before release of the resolution.' The applicant asked that he be given a list of the things that need to be done and he will get them done. MOTION made by Ahrens, seconded by Jensen to continue this item to the first Meeting in April to allow staff to revise the proposed resolution. The vote was unanimously in favor. Motion carried. 1.5 CASE g94-11: RICK AND SALLY KLOTH, 3245 DEXTER LANE, LOTS 13 & 14, BLOCK 20, DEVON, PID //25-117-24 11 0111, FENCE HEIGHT VARIANCE The Building Official reviewed the request for a 2 foot fence height variance. Councilmember Smith had a problem with requiring this to be a corner lot when the City will probably never improve this portion of Windsor Road. The City Attorney stated that if the City does not want a street easement on this portion of Windsor Road, they could vacate it and retain the drainage and utility rights. There was discussion about the 7 1/2 feet of Windsor which was vacated in 1983. The Council asked Staff to contact the City Engineer to see if it would make sense to vacate this street easement on Windsor Road, retaining drainage and utility rights. Then this variance would not be necessary. The variance could then be rescinded if the road is vacated. Smith moved and Ahrens seconded the following resolution: RESOLUTION//94-38 RESOLUTION TO APPROVE A 2 FOOT FENCE HEIGHT VARIANCE FOR 3245 DEXTER LANE, LOTS 13 AND 14, INCLUDING 7.5' OF VACATED WINDSOR ROAD, BLOCK 20, DEVON, PID//25-11% 24 11 0111, P & Z CASE//94-11 The vote was unanimously in favor. Motion carried. 130 Mm:ch 22, 1994 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Dave Willette, 4542 Lost Lake Road, stated he would be out of town when Case//94-10 comes back to the Council. He asked if he had to attend if all the items are cleared up. The Council stated no, he did not have to attend. 1.6 BID AWARD: 1994 LIFT STATION IMPROVEMENTS The City Manager explained that 6 bids were received on March 10, 1994. They were as follows: Rice Lake Contracting Corp. Gridor Construction, Inc. Newmech Companies, Inc. Northwest Mechanical, Inc. Elliott Contracting Corp. Latour Construction, Inc. $445,400.00 $466,300.00 $586,698.00 $489,500.00 $498,500.00 $602,600.00 The Engineer's estimate was $469,300.00. The apparent low bidder was Rice Lake Contracting Corp. The City Engineer has checked the proposal and recommended awarding the bid to Rice Lake Contracting Corp. The Engineer recommended not taking the alternate pumps and the alternate protective coating. Ahrens moved and Jensen seconded the following resolution: RESOLUTION g94-39 RESOLUTION TO AWARD THE 1994 LIFT STATION IMPROVEMENT PROJECT TO RICE LAKE CONTRACTING CORP. IN THE AMOUNT OF $445,400.00 The vote was unanimously in favor. Motion carried. 1.7 RECOMMENDATIONS FROM PARKS AND OPEN SPACE COMMISSION: - PELICAN POINT SKETCH PLAN - 1994 SUMMER PARKS AND BEACH PROGRAM - ANNUAL PARKS TOUR - PELICAN POINT SKETCH PLAN The City Manager reported that the POSC talked about the Pelican point property at their last meeting. They are aware that a sketch plan has been submitted by a potential developer. They feel because this is about the last open space in the City, they would like to get citizen 131 ' 132 March 22, 1994 participation or input on the City purchasing this property. The POSC has recommended that the Council look at the cost of a citizen survey about purchasing the property and the cost of a bond referendum to purchase Pelican Point and other potential open spaces. They would like to know how much it cost the school district to promote their last bond issue and find out election costs. The City Manager stated he thinks this is premature action by the POSC because the property is currently privately owned and is being looked at by a potential developer. This could be looked at later if nothing happens with the potential developer. The Council discussed the issue and stated it would be wonderful to have this area remain open but felt it was unrealistic to think the City could come up with three million dollars to purchase it and "X" number of dollars to maintain it. The City Clerk stated it would not cost anything additional to put a question on the ballot if it was done at the same time as the Primary or General Election. A special election could cost approximately $5,000 - $7,500. The Council asked the City Manager to contact the school and obtain the information they got from their survey. The Council stated that this property is not currently available for purchase so this cannot be considered at this time. No action was taken. - 1994 SUMMER PARKS AND BEACH PROGRAM The City Manager stated that the POSC has recommended approval of the 1994 Summer Parks & Beach Program. There is a 2% increase in the cost over 1993. The Council asked for details on the "Evening Program Staff (Westonka Drop In Youth Center) 6 Hour/wk X 8 weeks X$6.00/hr X 2 staff = $634.00". The City Manager referred to the POSC Minutes of March 10, 1994 which read in part," .... monies previously allocated for the "evening parks program" held at Mound Bay Park have been shifted to pay for "evening program staff" for the Westonka Drop In Youth Center. The Council asked that approval of this item be held over to the next meeting to get further information. - ANNUAL PARKS TOUR The City Manager stated that there are two dates suggested by the POSC, April 7 or April 21. The Council suggested April 21. Councilmember Smith stated he would be out of town on that date. 1.8 LICENSE ISSUANCE RENEWALS Issuance of the following licenses is proposed: 132 Garbage - 1/1/94 to 2/28/95 - Best Tree Removal - 4/1/94 to 3/3/95 - Disposal Services (Aagard West, Inc.) March 22, 1994 Aaspen Tree Service Eklund's Tree Service Emery's Tree Service Lutz Tree Service Shorewood Tree Service The Tree Stump Co. MOTION made by Ahrens, seconded by Smith to authorize the issuance of the above listed licenses contingent upon all required form.q, insurance, etc. being submitted. 1.9 RESOL~ON SUPPORTING AN APPLICATION FOR INTERMODAL SURFACE TRANSPORTATION EFFICIENCY ACT (ISTEA) FUNDS The City Manager explained that at the last meeting the Council authorized the Planner to go forward and prepare an application for ISTEA funding. This requires a resolution which was presented to the Council. Smith moved and Jensen seconded the following resolution: RESOLUTION ~94-40 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MOUND SUPPORTING AN APPLICATION FOR ISTEA FUNDING FOR THE RESTORATION OF THE LOST LAKE CANAL FROM DOWNTOWN TO LAKE MINNETONKA The vote was unanimously in favor. Motion carried. 1.10 PAYMENT OF BILLS Councilmember Jensen asked that the amount paid to Delta Dental be checked with the Finance Department because the total did not add up. Staff will check and report back. MOTION made by Ahrens, seconded by Jensen to authorize the payment of bills in the amount of $380,688.54, as presented on the pre-list, when funds are available except for the following: $242.00 McCombs Frank Roos - for Munson Removal $3,175.00 Smith Construction Co. - Munson Boathouse both charged to the Commons Dock Fund 133 !.34 March 22, 1994 A roll call vote was unanimously in favor. Motion carried. Councilmember Ahrens stated she is opposed to paying for these not because they are paid for with City funds but because they are only being paid for by dockholders funds. The Council asked the City Manager to contact the surrounding towns to find out how they administer their public dockage and rental units, the amount of money generated and what they spend it on. MOTION made by Jensen, seconded by Johnson to authorize payment of the following: $242.00 McCombs Frank Roos - for Munson Removal $3,175.00 Smith Construction Co. - Munson Boathouse with the amounts to be allocated to a specific fund at a later date. This to be a discussion item at the first meeting in April when there is a full Council. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS: A. Financial Report for February 1994, as prepared by Gino Businaro, Finance Director. B. Memo from Multiple Dock Owner Association. C. Legislation being promoted by Gabriel Jabbour, Orono Councilmember, re: LMCD. The Council liked the idea of changing the make-up of the LMCD, with only 7 members. This would be done by forming districts of the 14 cities. They questioned the geographic make-up of the districts, i.e. Victoria, Minnetrista and Minnetonka Beach or Spring Park, Tonka Bay and Wayzata. The funding for this would be from a watercraft surcharge as follows: 40% borne by the municipalities and 60 % borne by the district from the allocation it receives from the state water recreation account on account of the metropolitan area residents $3 surcharge as provided in Section 1. The Council supported the legislation in concept but asked for clarification on how the districts are made up. De Letter of Thanks from Hennepin County Medical Examiner's Office re: Investigator Truax's involvement in a recent case. 134 F. G. H. March :22, 1994 Park and Open Space Commission Minutes of March 10, 1994. Planning Commission Minutes of March 14, 1994. REMINDER: Committee of the Whole meeting is scheduled for April 19, 1994, 7:30 PM. Spring Clean-Up will be April 22 & 23, 1994, at Lost Lake. We will be accepting fluorscent tubes for a price. Brush will not be accepted during this weekend. MOTION made by Ahrens, seconded by Smith to adjourn at 10:00 P.M. The vote was unanimously in favor. Motion carried. ~Ei~ard J. Shukl&rfjr., City Manager Attest." ~Ji~y C~c~k ~ 135 BILLS. -March 22, 1994 BATCH 4023 BATCH 4032 TOTAL BILLS $142,355.51 241,750.03 $384,105.54