1985-08-13161
August 13 , 1985
MINUTES
REGULAR COUNCIL MEETING
AUGUST 13, 1985
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on August 13, 1985, at 7:30 P.M. in the Council
Chambers at 531 Maywood Road, in said City.
Those present were: Mayor Bob Polston, Councilor embers Phyllis
Jessen, Gary Paulsen, Russ Peterson and Steve Smith. Also
present were: City Manager Jon Elam, City Attorney Curt Pearson,
City Clerk Fran Clark, Building Inspector Jan Bertrand, City
Engineer John Cameron, City Planner Mark Koegler and the
following interested citizens: Gloria Yule, Florence Yule,
Cynthia Smith, John & Terrie Thoresen, Gene Hodge, John & Dotty
O'Brien, Eldo Schmidt, Helen & Herb Wolper, Del Pfeifer, Kim &
Todd Yilek, Phil & Eva Hasch, Gregg Murray, Patzy D'Avia, Lillian
Anderson, Judson Anderson, Marilyn Stillings, Renee Stillings,
Duane Norberg, Charles & Laura Smith, Irma Ward, Mr. & Mrs. John
Hurley, Dwight Wood, Gregory Carlson, M. E. Mueller, Chris &
Scott Brickley, Steve VanderLinden, Alan Blackwell, Lis Jensen,
Cheryl Grand, Martin Weinstein, Buzz Sycks, Dr. & Mrs. Ken
Romness, Doug Morton, Derrick Dahlen, Jim Larson, John Bierbaum,
Steve Emerson, Ernie Clark, Frank Ahrens, Paul Pond, Pete
Barber, Ken Stork, Bud Stannard, Ms. Amidon, Jeanette Gellman,
The Mayor opened the meeting and welcomed the people in
attendance.
MINUTES
The Minutes from the July 9, 1985, Regular Council Meeting were
presented for consideration.
Councilmember Smith asked that "if warranted" be added to his
motion regarding Blue Lagoon Marina on Page 1937.
MOTION made by Councilmember Peterson, seconded by
Councilmember Paulsen to approve the Minutes of the July 9,
1985, Regular Council Meeting as corrected. The vote was
unanimously in favor. Motion carried.
The Minutes from the July 11, 1985, Special Council Meeting were
presented for consideration.
MOTION made by Councilmember Paulsen, seconded by
Councilmember Jessen to approve the Minutes of the July 11,
1985, Special Council Meeting as presented. The vote was
unanimously in favor. Motion carried.
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August 13, 1985
The Minutes of the July 23, 1985, Regular Council Meeting were
presented for consideration.
Councilmember Peterson asked the the City Attorney's comments
regarding accessory apartments be included on Page 1952.
Councilmember Smith asked that his statement on page 19+8 be
amended to read as follows: "Councilmember Smith suggested that
the Planning Commission look at an ordinance to inspect homes for
code violations of sufficient number to require condemnation when
they are placed for sale."
MOTION made by Councilmember Peterson, seconded by
Councilmember Paulsen to approve the Minutes of the July 23,
1985, Regular Council Meeting as amended. The vote was
unanimously in favor. Motion carried.
PUBLIC HEARING: REGARDING ACQUISITION OF CONTINENTAL_TELEPHONE'S
MOUND EXCHANGE
The Mayor explained that Continental Telephone has asked to be
allowed to address the Council and the citizens present.
Doug Morton, Public Affairs for Continental explained that he was
here because Contel is concerned about the condemnation, is the
largest employer in Mound and they do not want to leave Mound.
He further explained that because condemnation is a time
consuming, costly process they would like to work with the City
Council and the customers in Mound to alleviate high costs.
Therefore they have worked out a plan that they feel will reduce
costs to the majority of Mound users and place the burden of cost
on the people who are big users of the phone system. He then
presented Options 1, 2, and 3 of their local measured service
plan. He stated this is a revenue neutral plan, not a reduction
in rates. It is figured on todays interim rates which are now
being used. They asked that they be allowed to do a comparison
billing based on calls made for a 3 month period with Options 1,
2 and 3 so the people can see which option would be the best for
them individually. These options would have to be approved by
the PUC but Contel did not think they would have any objections.
The Mayor opened the public hearing. He stated that what the
State needs is for the Legislature to set up a Public Utilities
Commission that will protect the public and not the utilities.
The following comments and questions were made by the people in
attendance:
1. Contel is shifting costs to high users if you figure the
difference between their $31.50 rate and Option 3 at
$39.50.
2. Are Mound customers subsidizing outstate Contel users?
3. Why wasn't the measured use brought up before this?
4. If Mound were connected to N.W.Bell, what would the
rates be?
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August 13, 1985
5. A petition was presented to the Council with 341
signatures and read as follows:
"W e, the undersigned residents of Mound, Minnesota, do
call upon the City Council to hold a special election.
The purpose of which is to ask the City ofMound to
proceed with the acquisition of Contel's exchange which
services Mound either by purchase or condemnation,
subject to such costs being deemed reasonable and
pursuant to Minnesota Statutes 237.19• Further we urge
the Mound City Council to express in all proceedings
before the Public Utilities Commission, our strong
opposition to Contel's current request for a rate
increase."
6. What would happen to Contel if 90~ of Mound residents
took the Option 1 rate?
7. We do not appreciate Contel coming in and presenting
their Options because that was not the intent for this
meeting.
8. N.W. Bell charges $16.50 in comparison to Contel's
rates.
9. Can the City afford to own a small phone company?
10. The citizens cannot see a 28~ increase in rates being
reasonable or fair and where will this stop.
11. There has been improvement in the Contel service since
July, but we should look at other options for phone
service.
12. The product does not hold up to the price charged.
13. Contel should cut profits to lower rates.
14. Why wasn't the measured service make available before?
15. The options offered by Contel are not good options.
The Mayor closed the public hearing.
Ken Nikolai, Public Service Commission representative, stated
that Contel could do the option 1, 2, and 3 billing on an
information basis.
The Council discussed continuing this hearing to a certain date
to~ allow a rate expert and the legal staff to put together
information on the feasibility of condemning Contel. This would
also allaw Contel to do their Option billings on an information
basis.
Rate expert, Derick Dahlen was present and went over his proposal
with the Council. The Council discussed the 2 phases of his
proposal and the consensus was that Phase I should be done to
determine if the City acquiring the phone company is feasible.
MOTION made by Councilmember Jensen, seconded by
Councilmember Peterson to continue this Public Hearing until
the November 26, 1985, Meeting, and authorizing Derick ,Dahlen
to proceed with Phase I of his proposal, with a cap of $7,000
to be put on the cost of the study. A roll call vote was
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August 13, 1985
unanimously in favor. Motion carried.
PUBLIC HEARING: AMEND & MODIFY TOWN SQUARE REDEVELOPMENT PROJECT
~ THE TAX INCREMENT FINANCING PLAN
The Mayor called on the City Attorney to give the background of
this project. He explained that when this project was originally
approved the cost was $1 , 125,000. (land acquisition, relocation
and expenses), plus capitalized interest of $250,000 for a total
of $1,375,000. The modified plan which is before the Council
tonight is to add on the following:
Increased land, relocation & expenses 375,000
Demolition & grading 225,000
Capitalized interest 400,000
Original project cost 1.125000
Total Amended Project Cost 2,125,000
The developer has agreed to to spend $3,950,500 in construction
costs to build the retail area, drug store, bank and clinic. He
has a letter of credit in that amount in favor of the City of
Mound to assure construction of the project. He also has a
committment for a construction loan. of $3,500,000. for the
project's construction.
The City Planner and Steve Emerson, from Miller/Schroeder went
over the updated changes in the project plan and the financing
plan with the Council.
Mr. Emerson stated that they feel their projected figures will
provide revenues sufficient to retire the expenses of the
project.
The City Attorney reminded the Council. that they have already
approved the original amount and that the HRA has entered into an
agreement with the developer which is binding for the original
amount. The reason it is back here tonight is to modify and
amend the original proposal.
The Mayor opened the Public hearing.
The following comments were made:
1. Buzz Sycks, diagreed with 4~ appreciation in property
and stated he feels it is going down.
2. Chris Brickly, Mound Superette, stated she has 450 to
500 signatures against this project. She stated that
she thinks certain businesses were guaranteed space
while others were not.
Developer John Bierbaum stated that they had to start
with the large space users, i.e. clinic, drug store and
bank and he has not gotten back to the other businesses
interested in obtaining space because he does not have
the mechanics in place to lease the remaining space.
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August 13, 1985
3. Frank Ahrens, stated he is for a referendum vote on this
for the increase in the amount of the obligation.
The Mayor stated that the developer has guaranteed in
writing that he would pick up any shortfalls so the
residents will not have to pay them.
4. Mr. Paul Pond, representing Bryon Peterson, read and
submitted a statement from Dr. Peterson asking that the
Council protect him from the unfair treatment he feels
he is receiving.
5. Pete Barber, asked that the Council not compound a
mistake by approving the amendment and modification.
6. Mike Mueller stated that he supports Town Square, but
that tax increment is for depressed businesses or new
businesses not existing businesses.
7. Ken Stork stated that he was sure if Snyder Drug felt a
new store was needed they would put one up.
8. Cindy Smith questioned the real estate taxes and paying
off the bonds.
The City Attorney explained that the project has
expanded and the increase in the taxes will pay the
bonds off.
9. Bud Stannard stated that he thought it was a 15 year
payoff on the bonds when it was originally approved.
The Mayor stated no, it has always been 20 years, but
that 15 years .w as discussed at one time.
10. Barbara Anderson asked if the City was going to benefit
from this project.
The Mayor explained the declining property values in the
downtown area and how the City would benefit from the
new buildings and the increased property taxes.
The City Attorney explained that several of the property owners
of the 11 parcels want more for their buildings than the
appraisals and they are the reason for the hearing on the
modification. The money is needed.to acquire these parcels.
11. Greg Murray .,..stated he would like a new shopping center,
but not with tax increment financing, because he feels
the developers will be back for more money down the
road.
12. Dottie O'Brien stated that she sees this as creating
additional empty buildings, i.e. the old bank and the
drug store.
13. Jeanette Gellman asked who the developers are and if
this is a General Obligation Bond?
The City Attorney stated that the developer's company is
owned by Carl Polad. Yes, they are General Obligation
Bonds, but he further explained that the Letter of
Credit was issued to the City to pay the 3 highest years
in taxes, with a 25~ limit, if there is a shortfall.
14. Herb Wolner asked what the rent on the new drug store
was going to be?
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August 13, 1985
John Bierbaum stated that is not public information.
Mr. Wolner then stated that he had offered to build a
drug store for Snyders on his property in the Lost Lake
area and they had turned him down because they would not
pay $4.00- per square foot.
15. Buzz Sycks urged the Council to vote no on tonight~s
increase.
16. Dick Schwert stated he has been in business in Mound for
25 years and this is the first time he has seen anything
this positive for Mound. He urged the Council to vote
in favor of the project.
The Mayor closed the Public Hearing.
Councilmember Peterson stated that he too would like to see the
20 years to pay off the bonds be Tess, but that with the figures
as they are 20 years is the best.
Councilmember Smith stated that he was not on the Council last
year when this was originally approved. He would like to know
how many new jobs will be created, not just transferred from
place to place. He is not in favor of public subsidy for private
development. Also that if the project succeeds, the present
taxpayers should get .the benefit not a new generation of
taxpayers 20 years from now. He further stated that he would
like to see a referendum vote on this increase.
Councilmember Paulsen stated that his first reaction was against
tax increment financing, but he has since looked into it and
feels in order to compete with other towns (such as Chanhassen,
Plymouth, and Minnetonka) we too must consider it as a way to
turn the deteriorating downtown around. He stated that T.I.F. is
not a giveaway program. He supports the project.
Councilmember Jessen stated that she supports the Town Square
Project and especially this modification because it will bring
the rents per square -foot of the- new shops down so more people
will be able to lease space. She supports the project.
Paulsen moved and Peterson seconded the following resolution:
RESOLUTION #85-85 RESOLUTION TO AMEND ~ ADOPT A REDEV ELOP-
MENT PROGRAM & FINANCE PLAN FOR REDEVEL-
OPMENT ~ TAX INCREMENT FINANCE DISTIRCT
#1 PURSUANT TO THE PROVISIONS OF
SECTIONS 273.71 TO 273.78, INCLUSIVE, OF
THE MN. STATUTES (CHAPTER 322, LATdS OF
MN. 1979)
Councilmember Smith moved to amend this resolution asking
that there be a referendum vote on this plan to allow the
public to decide on tax increment financing for Town Square.
The City Attorney advised Councilmember Smith that thereis no
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August 13, 1985
provision in the law for a referendum vote on this. Motion
died for lack of a second.
A roll call vote was four in favor with Councilmember Smith
voting nay. Motion carried.
PUBLIC HEARING: CONSIDER REVOCATION OF CONDITIONAL USE PERMIT.
TO OPERATE MINOR BOAT REPAIR AT 5542 LYNWOOD
BLVD. (BLUE LAGOON MARINA)
The City Manager gave the background of this item from past
meetings.
Mr. Steve Pauly, owner of Blue Lagoon Marina, was present and
stated he questions if the Council can condition his Use Permit
at 5542 Lynwood Blvd. on the site on Edgewater Drive. He stated
his understanding was that he could do whatever Dick Martin did
at the Edgewater site as long as he did not increase the use. He
stated that his recollection of the June meeting was that testing
at the Edgewater site was not mentioned, only hauling boats from
the Lynwood site to the Edgewater site. He also stated that the
Council has received letters from both Mr. Keith Ketcher and Mr.
Art Ridgeway that they helped Mr. Martin perform repairs, etc. at
the site on Edgewater Drive.
Mayor Polston stated that when he offered the amendment to the
original Conditional Use Permit approval, that he did mean there
would be no testing of boats at the Edgewater site.
Councilmembers Paulsen and Peterson stated that their
understanding of the Mayor's condition was that there would be no
hauling of boats from the Lynwood site to the Edgewater site for
testing.
The Mayor opened the public hearing.
The following persons spoke:
1. Todd Yilek stated that Martin never repaired boats other
than small fishing boats at the Edgewater site.
2. Doug Clint and Tom Sheron, representing Paul Scherber,
owner of the Edgewater site, stated that they are
submitting a sworn affidavit from Dick Martin stating
exactly what his operation of the marina included and
all the activities are the same as Blue Lagoon Marina is
doing at the Edgewater site. They also had submitted a
letter to the City Council in Paul Scherbers behalf
addressing his concerns about conditioning Mr. Pauly's
permit on Lynwood Blvd. to the Edgewater site.
3. Bonnie Lanns state that if Martin had run his operation
the way Mr. Pauly is, he would have lost his permit with
the L. M.C.D. for docks. The Mayor explained that the
City is concerned with zoning and the L.M.C.D. has the
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August 13, 1985
jurisdiction over the marina docks.
~. Todd Yilek stated that there is a difference between
major and minor boat repair and he feels they are not
running a minor boat repair business.
The Mayor closed the public hearing.
The City Attorney stated that he has asked City Attorney Jim
Larson who was at the original meeting why the Edgewater site was
included in the Conditional Use Permit. Mr. Larson stated that
Mr. Pauly agreed to the stipulation.
The Council and the City Attorney discussed tying the 2 locations
together and the criminal complaint that was drawn up. The City
attorney recommended not pursuing the criminal complaint because
at least several of the Couneilmembers do not agree on what was
approved the night the Conditional Use Permit was approved.
Polston moved and Smith seconded the following resolution:
RESOLUTION #85-86 RESOLUTION AUTHORIZING THE CITY ATTORNEY
TO PROCEED IN THE REVOCATION OF A
CONDITIONAL USE PERMIT FOR 5542 LYNWOOD
BLVD. TO OPERATE A MINOR BOAT REPAIR
Steve Pauly stated that he has purchased another building and
is planning on moving from the site on Lynwood Blvd. to
Spring Park on September 25, 1985. He asked for an extension
of his Conditional Use Permit until that date.
Councilmember Smith withdrew his second. The resolution died
for lack of a second.
Peterson moved and Paulsen seconded .the following resolution:
RESOLUTION #85-86 RESOLUTION TO EXTEND A CONDITIONAL USE
PERMIT FOR 5542 LYNWOOD BLVD. TO OPERATE A
MINOR BOAT REPAIR SERVICE UNTIL SEPTEMBER
25, 1985, AT WHICH TIME THE PERMIT SHALL
EXPIRE
The vote was three in favor with Polston and Smith voting nay.
Motion carried.
CONTINUATION OF PUBLIC HEARING: ZONING AMENDMENT TO PROVIDE FOR
A PLANNED INDUSTRIAL AREA (P.I.A.) AT THE FORMER TONKA TOY
BUILDING
The City Planner explained that the Planning Commission
reluctantly recommended approval. They are recommending a
$250.00 charge for the Operations Permit. This amendment will
also allow the Council to establish an amount above the minimum
deposit of $250.00 which will be held in a special developers
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August 13, 1985
escrow account to cover administrative and legal expenses
incurred by the City There is a typographical error in section
23.650.7 (2). It should read as follows: "Approval of a
planned industrial area operations permit shall be by the City
Council after recommendation by the City Staff." Councilmember
Paulsen stated does not agree with this aspect of the amendment
and feels that we should continue the hearing process of the
Planning Commission and City Council before issuance of the
Operations Permit.
The Mayor reopened the public hearing. There were no comments.
The Mayor closed the public hearing.
Jessen moved and Peterson seconded the following:
ORDINANCE X481 AN ORDINANCE AHENDING THE CITY CODE BY
ADDING SECTION 23.640.3 RELATING TO
CONDITIONAL USE AND ADDING SECTION 23.650
RELATING TO PLANNED INDUSTRIAL AREA (PIA)
The vote was 4 in favor with Paulsen voting nay. Motion carried.
CONTINUATION OF PUBLIC HEARING- ISSUANCE OF CONDITONAL USE
,HERMIT TO BALBOA MINNESOTA CO TO ESTABLISH A P I A AT 5~00/5~40
SHORELINE BLVD:
The Mayor reopened the public hearing. There were no comments.
The Mayor closed the public hearing.
The Council discussed adding j. to the proposed resolution w hick
would read, "No outside storage is permitted except by
Operations Permit. Parking of vehicles exceeding 24 hours is
prohibited except delivery vehicles in designated spaces and
trucks in loading berth areas." The Planner also recommended
adding. that Balboa submit to the city $1,000 to be put in an
escrow account to cover staff review and administration.
Peterson moved and Jessen seconded the following resolution:
RESOLUTION X85-87 RESOLUTION
COMMISSION
CONDITIONAL
COMPANY FOR
INDUSTRIAL
AND ADDING
TO CONCUR WITH THE PLANNING
RECOMMENDATION GRANTING A
USE PERMIT TO BALBOA MINNESOTA
THE ESTABLISHMENT OF A FLANNED
AREA - 5340 SHORELINE BLVD.,
J AND K AS RECOMMENDED
The vote was unanimously in favor. Motion carried.
SETTING OPERATIONS PERMIT FEE FOR P I A
The City Manager stated that the recommendation is for $250.00.
Polston moved and Smith seconded the following resolution:
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August 13, 1985
RESOLUTION #85-8$ RESOLUTION SETTING FEE FOR OPERATIONS
PERMIT AS INDENTIFIED IN SECTION 23.650.7
(1) AT $250.00
The vote was unanimously in favor. Motion carried.
~PLICATION FOR OPERATIONS PERMIT FOR LUNALITE, INC. AT 540
S~iORELINE BLVD.
The Planner and the City Manager explained that application f or
an Operations Permit from Lunalite is to operate an electrical
lighting assembly operation which will occupy a total of 63,000
square feet. They are looking at employing approximately 250
people. Mr. Greg Gustafson, representing Balboa, was present and
stated that he hopes they are not underestimating parking needs
and that they may have to come back to have the Permit amended if
parking becomes a problem as the building is leased.
Jessen moved and Smith seconded the following resolution:
RESOLUTION #85-89 RESOLUTION GRANTING AN OPERATIONS PERMIT
FOR LUNALITE, INC. AT 5340 SHORELINE BLYD.
The vote was unanimously in favor. Motion carried..
PUBLIC HEARING: PROPOSED VACATION OF UNIMPROVED PORTION OE
NORTHERN ROAD ABUTTING LOTS 24. 25 & 26} PLAT OF SUBDIVISION OF
LOTS 1 ~ ~2 SKARP & LINDQUIST~S RAVENSWOOD
The City Manager stated that the Planning Commission has
recommended approval of this vacation.
The Mayor opened the public hearing. There were no comments.
The Mayor closed the public hearing.
Smith moved and Jessen seconded the following resolution:
RESOLUTION X85-90 RESOLUTION VACATING CERTAIN STREET
EASEMENT AND RETAINING FOR THE CITY A
UTILITY EASEMENT OVER, UNDER AND THROUGH A
PORTION OF NORTHERN ROAD
The City attorney recommended having the City Engineer insert
the description of the portion of Northern Road vacated in
the last paragraph of the resolution. The Council agreed.
The vote was unanimously in favor. Motion carried.
CONSIDERATION OF VARIANCE REQUEST FOR AARON APPLEQUIST ~ MARY J
PACHOLKE, 2624 WESTEDGE BLVD.
The City Attorney submitted his finished resolution for this
item. The applicants were present and after some discussion with
the Council decided they would like to wait until the blanks in
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August 13, 1985
the proposed resolution are .filled in and to let their attorney
see it before they agreed and had the Council approve it.
The Council tabled this item until the next meeting, August 27,
1985.
COMMENTS ~ SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked if there were any comments or suggestions from
the citizens present. There were none.
C,ZTY-WIDE RECYCLING PROGRAM
Joyce Nelson and Jackie Meyer of the Recycling Committee were
present and stated that the cost for the city-wide expansion of
this program will be $11,820 per year with Beermann Services. Of
this 50~ will be paid by Hennepin County and the City will
receive $.50 per household from the State. The City Manager
added that the Legislature has given the City the power for a
Special Levy to fund the remainder.
Jessen moved and Paulsen seconded the following resolution:
RESOLUTION #85-91A RESOLUTION TO APPROVE THE EXPANSION OF THE
RECYCLING PROGRAM TO CITY-WIDE FROM
OCTOBER 4, 1985 TO SEPTEMBER 5, 1986
The vote was four in favor with Smith voting nay. Motion
carried.
~tEOUEST FOR CITY REPURCHASE SIX CEMETERY LOTS
The City Manager explained that this is the lady who has asked
before and we have told her that we cannot repurchase the
cemetery lots she owns. The reason is that the City Code
covering the cemetery will not allow us to pay more for the lots
than was originally paid for them. These lots were never paid
for because her family gave the entire plot of ground to the
City. She does not want to give them to us and we cannot
purchase them. The Council took no action on this item.
PLANNING COMMISSION APPOINTMENT
Paulsen moved and Peterson seconded the following resolution:
RESOLUTION #85-92B RESOLUTION TO APPOINT WILLIAM C. THAL, TO
FILL MICHAEL VARGO~S UNEXPIRED TERM ON THE
PLANNING COMMISSION - TERM EXPIRES 12-31-
85
The vote was unanimously in favor. Motion carried.
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August 13 , 1985
CONSIDERATION OF QUOTATIONS FOR FIRE DEPT.
The City Manager explained that we have received two quotations
for two separate repairs that need to be made to Fire Dept.
equipment.
A. Fire Truck Repairs on 1973 - Mack Truck (~~12)
Truck Utilities & Mfg., Inc. $2,300
Custom Fire Apparatus, Inc. $1,620
MOTION made by Mayor Polston, seconded by Councilor ember
Paulsen to approve the quotation of Custom Fire Apparatus,
Inc. in the amount of $1 ,620 for repairs to the 1 973 Mack
Truck. The vote was unanimously in favor. Motion carried.
B. Fabricate & Install New Water Tank
Custom Fire Apparatus, Inc. $4,300
Truck Utilities & Mfg., Inc. $5,200
MOTION made by Mayor Polston, seconded by Councilmember Smith
to approve the quotation of Custom Fire Apparatus, Inc. in
the amount of $4,300 to fabricate and install a new stainless
steel water tank. The vote was unanimously in favor. Motion
carried.
CONSIDERATION OF SOLICITED PROPOSALS FOR A STUDY ON BEACHWOOD
~,OAD POND
The City Manager stated that he received 2 quotations to a study
the Beachwood Road Pond problem. They are as follows:
Hickok & Associates $1,800
Bonestroo $ 600
At tonight's meeting, John Cameron, City Engineer (McCombs-
Knutson) offered to do the plan for free and then the City could
apply the $600 it would have spent toward correcting the problem.
MOTION made by Councilmember Peterson, seconded by
Councilmember Jessen to accept the offer from McCombs-Knutson
to prepare the plans and specifications for lowering the
Beachwood Road Pond for free. Correction of the problem to
be paid from the 1978 Street Project funds. The vote was
unanimously in favor. Motion carried.
~JPDATE ON LYNWOOD BLVD. M.S.A. PROJECT
The City Engineer brought the Council up-to-date on the progress
of the Lynwood Blvd. Improvement Project and gave the projected
project cost of $373,404.00, less non eligible construction items
(45~ of storm sewer cost and. city utility services) $17,324.00,
leaving an estimated cost to be paid from M.S.A. Construction
Fund at $356,080.00. He further reported that waiting until the
Town Square project is underway will allow us to fill in the
basements of the Anderson Building and the Bakery with the
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August 13, 1985
material from the other project, thus keeping the costs down for
fill. We would then divide the plans for M.S.A. to accomodate
both plans. This will postpone the letting of bids until the
beginning of 1986 to avoid the extra cost of filling the
basements.
REVIEW ~ APPROVE FIVE YEAR M.S.A. STREET IMPROVEMENT PROGRAM
The City Manager explained that the M.S.A, Office has again
requested that each City submit a five year construction program.
The City Engineer has worked out the estimated expenditures thru
1990. This does not mean that the plans cannot be changed, but
it give the M.S.A. an estimated cost. That cost is estimated to
be $815,138.
Peterson moved and Jessen seconded the following resolution:
RESOLUTION #85-g2ARESOLUTION ADOPTING THE M.S.A. FIVE YEAR
CONSTRUCTION PROGRAM AS SUBMITTED
The vote was unanimously in favor. Motion carried.
~UXI:DO BLVD SAFETY IMPROVEMENT PROJECT
The City Engineer explained that MSA is requesting that the City
pass a resolution adopting a hold harmless condition to a
variance approval for the safety improvement on Tuxedo Blvd. at
Manchester Road. The Staff recommends approval.
Peterson moved and Jessen seconded the following resolution:
RESOLUTION #85-91 RESOLUTION ADOPTING A HOLD HARMLESS
CONDITION TO A VARIANCE APPROVAL FOR A
SAFETY IMPROVEMENT ON TUXEDO BLVD. AT
MANCHESTER ROAD -.SAP 1~5-101-05
The vote was unanimously in favor. Motion carried.
CORRECTION_~0_~tESOLU
The City Clerk explained that the description in the above
resolution was incorrect when it was passed in 1978. Now the
person wishes to file this resolution and would like the
description corrected. It was for the subdivision of Lots 9, 10,
11, Block 6, Abraham Lincoln Addition to Lakeside Park.
Polston moved and Paulsen seconded the following resolution:
RESOLUTION #85-92 RESOLUTION CORRECTING THE PARCEL
DESCRIPTIONS IN RESOLUTION #78-527
The vote was unanimously in favor. Motion carried.
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August 13, 1985
PETITION TO UPGRADE A PRIVATE PORTION OF DENBIGH ROAD
The City Manager explained that some of the residents on Denbigh
Road have now submitted a petition for the extension of this
road. The item was previously considered, but the neighborhood
seemed to be split on the proposal. The petition has been signed
by 5 of the 9 property owners, but they represent only 5 1/2 lots
of the 12 in the project area. 3 of the 12 lots are vacant and
are for sale. The getition needs to be accepted and the hearing
date set.
Peterson moved and Jessen seconded the following resolution:
RESOLUTION #85-93 RESOLUTION DECLARING ADEQUACY OF PETITION
FOR IMPROVEMENT OF A PRIVATE PORTION OF
DENBIGH ROAD AND CALLING A PUBLIC HEARING
ON THE IMPROVEMENT
The vote was unanimously in favor. Motion carried.
RESTAURANT LICENSE APPLICATION FOR 5908_THREE POINTS BLVD.
Mr. & Mrs Roger Rager were present and explained that they are
asking for a restaurant license to serve soup and sandwiches and
sell antiques, etc. similar to Antiquity Rose in Excelsior.
The Council discussed the use of the property as an antique store
and the City Attorney advised that this is not a permitted use in
the zoning district where the property is located. The Building
Inspector reported that the County Health Dept, has only approved
a limited food license.
The Council discussed both issues and told Mr. & Mrs. Rager they
could not operate a seconded hand, craft and antique shop in the
neighborhood the property is in, but they would be willing to
issue the restaurant license subject to all County Health Codes.
Mr. & Mrs. Rager stated that is what they would like.
MOTION made by Councilmember Peterson, seconded by
Councilmember Paulsen to authorize the issuance of a
Restaurant License to Gail ~ Roger Rager, 5098 Three Points
Blvd. subject to the premises meeting all the Hennepin County
Health Dept. Codes. The vote was unanimously in favor.
Motion carried.
INCUBATOR CONCEPT FOR FORMER TONKA FACILITY
The City Manager explained that this item should be tabled at
this time because Balboa seems to be renting the space quickly
and may not be interested in the incubator concept for small
business use. The Council agreed.
175
August 13, 1985
PAYMENT OF BILLS
The bills were presented for consideration.
MOTION made by Councilmember Peterson, seconded by
Councilmember Jessen to approve the payment of bills as
presented on the pre-list in the amount of $443,274.18, when
funds are available. The vote was unanimously in favor.
Motion carried.
SET. DATE FOR PUBLIC HEARING
MOTION made by Councilmember Jessen, seconded by
Councilmember Peterson to set September 10, 1985, at 7:30
P.M. for a public hearing to consider the preliminary plat
and final plat of Lots 7 through 13, Block 16, The Highlands.
The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
A. Update on Joint Compensation Study.
B. Letter from NSP on new street lights.
C. Twin City Testing report on paint on water towner on
Evergreen.
D. Monthly liquor report.
E. Newsclipping Re: Lake Virginia/Lake Ann Sewer Line.
F. Metro Council report on above sewer line.
G. Newsclippings on Garcia Ruling.
H. Increase in City insurance costs - newsclipping.
I. 'Metro Council Review - .July 12, 1985.
J. District ~~277 School Board Minutes.
K. Metro Council Waste-Line Newsletter.
L. League of Cities Memo on Federal Budget Pact.
M. League seminar on Strategy Planning regarding tax increment
financing & other development tools.
N. Memo regarding "New Laws" concerning collection utility
bills.
t
175
NOTION made by Mayor Polston, seconded by Councilmember Smith
to adjourn at 1:05 P. M. The vote Was unanimously in favor.
motion carried.
A.,~rn~
Fran Clark, City Clerk
Jon Elam, City Manager
BILLS------AUGUST 13, 19$5
Batch 854703 per computer run dated 8/8/85
Batch 854704 per computer run dated 8/9/85
Batch 854705 per following list
Total Bills
Ben Franklin
Bryan Rock Products
Bury ~ Carlson
Copy Duplicating
Coast to Coast
Emery's Tree Service
Gerry's Plumbing
Glenwood Inglewood
Kelly Services
The Laker
LOGIS
Mpls Oxygen
Mound Fire Dept
Wm Mueller
Marina Auto
N.S.P.
Navarre Hdwe
J,L. Shiely
SOS Printing
Twin City Testing
Video One
Van Doren Hazard
Happy's Potato Chips
Mark VII
Rex Distributing
Tri State Beverage
,f ~~-.~
Supplies 166.75
Rock 3,.115.70
Asphalt 436.00
Copier 15.00
Supplies 300.85
Remove Stump 25.00
Faucet-Coleman 38.80
July Water 53.65
Secr. help 219.68
July ads 132.18
July computer 2,039.63
July oxygen 57.00
July salary. etc 4,277.00
Sand 7,2$9,32
July parts 287.70
July electric 4,692.70
July supplies 167.98
Sand 79.85
Maps, surveys 887.65
Review paint sy st 536.42
Tapes $9.00
Consult serv 1,195.00
July supplies 138.84
July beer 2,133.85
July beer 140.00
July mix 432.00
2$~g ~ 7.~5
357,879.79
56,446,74
28,947,65
443,274,18