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1985-12-17247 MINUTES 'REGULAR COUNCLL MEETING DECEMBER 17, 1985 The City Council of Mound, Hennepin County, Minnesota, met in regular session on December 17, 1985, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Steve Smith, Russ Peterson, Gary Paulsen and Phyllis Jessen. Also present were: Acting City Manager Fran Clark, Acting City Clerk Linda Strong, City Attorney Curt Pearson, City Engineer John Cameron, City Planner Mark Koegler, City Finance Director John Norman, Building Inspector Jan Bertrand. Interested citizens present were: Mark Overbye, Denis Bertrand, Duffy Elleby, Doug Mohn, Buzz.Sykes, Michael Burgess, C. Dudley Fitz, Cheryl Grand, Mary Harrell, Steve Tessmer. MINUTES The minutes .from the November 26, 1885, meeting were presented. Council- member Peterson gave the clerk, in writing, the motion regarding the Contel issue, as it was made. Councilmember Peterson moved and Councilmember Paulsen seconded the following motion: MOTION to adopt the minutes for November 26., 1985, as amended. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: DELINQUENT UTILITY BILLS FOR DECEMBER Mayor Polston opened the Public Hearing and asked if there was anyone present who wished to address the Council regarding delinquent utility bills. There was no one. The Mayor closed the Public Hearing. The Acting City Manager stated that the total due was down to $3175.67. Councilmember Paulsen moved and Councilmember Peterson seconded the following resolution: RESOLUTION #85-162 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN THE AMOUNT OF $3175.67, AND AUTHOR- IZING THE STAFF TO SHUT OFF WATER SERVICE FOR THOSE ACCOUNTS The vote was unanimously in favor. Resolution passed. 248 December l7, 1985 PUBLIC HEARING: ON THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR THE OPERATION OF A WATER SKI SCHOOL AT 2627 COMMERCE BLVD., ON LAKE LANGDON The Mayor opened the Public Hearing asking if there was anyone present wishing to speak in favor or against this item. Michael Burgess, 5764 Bartlett Blvd. He said the lake was behind his mother in law's home and his only concern was the noise level of speed boats on the lake. He asked for reassurance that the level would not be too loud. Steve Tessmer, owner of Water Club West, presented written material from the MPCA, U of MN, Minnehaha Creet Watershed and the DNR to the Council. He said they have a specially designed speed boat for skiing, with extra quiet mufflers, and the noise level should not be that loud. He stated that they chose Lake Langdon because .it was a quiet lake for skiing. They would be using certified instructors. Ski classes would: be scheduled through Community Services. Buzz Sykes asked Mr. Tessmer about the phosphorus level increasing due to take activity. Mr. Sykes asked that the water be tested in one year. The.Mayor closed the Public Hearing and returned the item to the Council. There was discussion between Council and Mr. Tessmer. The question of adequate insurance was the major discussion item. City Attorney, Curt Pearson, stated that the City could be sued due to an accident occuring on public waters, even if it's through a private business. City Planner, Mark Koegler, stated that the City could be named .as the insured, as mentioned in item five of the proposed-resolution.. The Acting City Manager said insurance was a concern of the Insurance Consultant, if the City would even be covered after the issuance of a Conditional Use Permit. Councilmember Smith questioned monitoring of noise, had .it been done and how. Also, he wanted to know how-the noise would be monitored once the business started. The Building Inspector stated that equipment could be rented to monitor noise. Insurance was the main concern of the Council. The Acting City Manager stated that the City's insurance .would be updated in 1886, but quotes were not available until January. City Attorney, Curt Pearson, mentioned the risk and liability this could involve with insurance costing so much. Mr. Tessmer stated that he would haverthe City named as an additional insured for the statutory requirements of $300,000 individual, $600,000 occurrence and a $1,000,000 umbrella. Councilmember Peterson felt he could not support this item mainly due to the insurance issue. He felt the City should move very cautiously as not to jeopardize the City's insurance. Councilmember Paulsen mentioned item 5 of the proposed resolution, where it states the insurance coverage be an amount that is approved by the City. This policy is wide open on insurance coverage. 249 December 17, 1985 Councilmember Smith said he had- to abstain on the vote due to lack of information ava.iiable on 1) insurance, 2) water quality and 3) decibel level. Mayor Polston said he felt the Staff had done adequate research. And Mr. Tessmer had said he would supply adequate insurance. In all fairness to Mr. Tessmer, Mayor Polston felt the Council should vote in the item. He commented that he was against this proposal for other reasons. Councilmember Paulsen-moved and Councilmember Jessen seconded the following motion: MOTION TO TABLE THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR THE OPERATION OF A WATER SKI SCHOOL AT 2627 COMMERCE BLVD., UNTIL MORE LNSURANGE INFORMATION IS AVAILABLE. A roll call vote was 3 in favor, with Councilmember Peterson and Mayor Polston voting nay. CASE # 85-452.-Edna Steffen, Owner ~ Douglas Mohn, Applicant, Lots 9, 10, ~ 11, Block 13, Dreamwood, 1716 Eagle Lane Councilmember Peterson moved and Councilmember Smith seconded the following resolution• RESOLUTION #85-163 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION AND APPROVE THE FINAL SUBDIVISION OF LAND FOR LOTS 9, 1.0 AND 11, BLOCK 13, DREAMWOOD P1D #13-117-24 13 0011 (1716 Eagle Lane) PLANNING COMMISSION CASE N0. 85-452 The vote was unanimously in favor. Resoultion passed. OPERATIONS PERMIT FOR SOLARIUM SYSTEMS, INC. 5340 SHORELINE BLVD. City Planner, Mark Koegler, informed the Council on this item. There is no written staff report on this yet, because the application was received late. He has looked over the application and sees no major problems. This is the first Operations Permit that does include some chemicals. The chemical involved is not flammable. He needs more information from the architect on the modification of the building. The company stated it needs to move in and qet-set up. soon. 250 December 1.7, ~ 985 Jim Guttorumson, architect for Balboa, came before-the Council. He showed an overall view o.f Tonka West, indicating the space to be used by Solarium Systems. The company is presently located in Bloomington; They manufacture greenhouses and glazing systems, Solarium Systems will need approximately 70,000 sq. ft. Adequate truck docking is required, The present driveway access is leased from the railroad and it is able to handle the truck weight. Mr. Guttorumson described the outside visual changes in the building and the inside space. to be used, Doug Elleby, president of Solarium Systems, intro- duced himself to the Council. The company currently employs 68 people and hopes to have 720 by July ]986, He mentioned that the company is anxious to move in, as contracts are coming in March, and they have new equipment arriving and have to get the operation set up. They .hope to move in by February 15, 1.986.. .Mayor Polston asked about the use of Methylene Chloride, and if special handling was required.. He was assured by Mr. Elleby that it would be handled safely and nothing special was required in the handling of this substance, City Planner, Mark Koegler, proposed five conditions to be met, upon granting the operations permit for Solarium Systems. They are as follows: 1. If and when Solarium Systems expands into option spaces, they shall be required to execute another .operations permit application prior to occupancy. 2. No signage permits shall be issued for Solarium Systems until Balboa presents and receives approval of a comprehensive signage plan for the entire building,.. 3, Approval will utilize 90 parking stalls of the total spaces within the Balboa property, 4, Solarium Systems shall encourage its employees to utilize on sight surfaced-lot parking. 5. Solarium Systems shall modify its shipping and receiving operations to comply with the load limit restrictions as applicable. City Engineer, John Cameron, called attention to the five ton load limits on Lynwood Blvd, and Fairview Road.. These roads are closed to truck traffic in the spring, Mr, Elleby said .the plans call fora loading dock off of County Road l5, and it could be used. during this time.- The Council dis- cussed upgrading Lynwood and Fairview to handle truck toads. These roads could be closed 30 to 90 days in the spring. The City Engineer stated that this could not be done with M.S.A, funds until at least 1987, because the funds are already committed, to other projects in 1986. He suggested that an option would be to upgrade these two streets and if Balboa agreed, assess them for the work. The Council will consider. if Balboa requests an upgrade. 251 December 17, 1985 Councitmember Paulsen moved and Councilmember Peterson .seconded the following resolution: RESOLUTION #8 5764 RESOLUTION APPROVING THE OPERATIONS PERMIT OF SOLARIUM SYSTEMS, INC.. The vote was unanimously in favor. Resolution passed, Jim Guttorumson mentioned another business wanting to move into Tonka West, Quartz Industries, However, since no operations permit has been applied for, it will wait until another meeting, COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Buzz Sykes asked if the microphones were working, as it was difficult to hear in the rear of the Council Chambers. DECISION OF FEASIBILITY STUDY FOR THE IMPROVEMENT OF.WESTEDGE BLVD. City Engineer,. John Cameron, addressed this item. Bill Turnblad, City Planner, for Minnetrista contacted John, asking about the status of the feasibility. study for an upgrade of Westedge Blvd., pretaining to the 2 plats of land in Minnetrista that might be developed. The developers are studying to see if it is feasible to proceed. with developing that plat and if so, what the cost of .upgrading Westedge Blvd. would be. Mr. Cameron has suggested to Mr. Turnblad that he would proceed with the study, if Minnetrista agreed to pay for one-half of the study cost, and to reimburse the City of Mound its half if the project did not materialize. Estimated cost of the feasibility study is between $800.00 and$1000.00. Mr. Cameron would like Council direction on this item. Councilmember Jessen moved and Counciimember Peterson seconded the following motion: MOTION authorizing the City Engineer to do a feasibility study on upgrading Westedge Blvd. off of County Road 15, contingent upon Minnetrista agreeing, in writing, to pay one-half the cost of the study and if the project dogs not materialize, Minnetrista will .reimburse Mound for its one-half of the cost of the study, thus Mound would. have no expense for the study. The vote was unanimously in favor. Motion carried. 252 December 1.7, 1985 APPROVAL OF ABDO, ABDO AND EICK FOR 1985 AUDIT REPORT Councilmember Peter-son moved and Councilmember Paulsen seconded the following resolution: RESOLUTION #85-165 RESOLUTION 70 APPROVE ABDO, ABDO AND EICK FOR THE 1.985 AUDIT. The vote was unanimously in favor. Resolution passed. REAPPOINTMENT OF THOMAS REESE AND WILLIAM THAL TO THREE YEAR TERMS ON THE PLANNING COMMISSION The Acting City Manager stated that the Planning Commission has recommended Council approval. Councilmember Jessen moved and Councilmember Smith seconded the following resolution: RESOLUTION #85-166 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATIONS TO REAPPOINT TOM REESE AND WILLIAM THAL TO THE PLANNING COMMISSION FOR 3 YEAR TERMS BEGINNING JANUARY 1, 1986 The vote was unanimously in favor. Resolution passed. The Acting City Manager stated that there is one position on the Park Commission, which will be open December 31, 1985. The Park Commission will interview and make their recommendations in January. TRANSFER OF FUNDS Councilmember Paulsen moved and Councilmember Peterson seconded. the following resolution: RESOLUTION #85-]67 RESOLUTION TO TRANSFER $39,166.38 FROM THE LIQUOR FUND TO THE 1985 SEALCOAT PROJECT The vote was unanimously in favor. Resolution passed. Councilmember Paulsen moved and Councilmember Smith seconded the following resolution: RESOLUTION #85-168 RESOLUTION AUTHORIZING TRANSFERS FROM THE GENERAL FUND TO AREA FIRE SERVICE FUND AND FIRE CAPITAL OUTLAY FUND The vote was unanimously in favor. Resolution passed. 253 December ].7, 1985 PAYMENT OF BILLS The bills were presented to the Council for consideration. Councilmember Paulsen moved and Council member Peterson seconded the following motion: MOTION TO APPROVE THE PAYMENT OF BILLS AS PRESENTED ON-THE PRE- LIST IN THE AMOUNT OF $67,388.80, WHEN THE FUNDS ARE AVAILABLE Roll call vote was unanimously in favor. Motion carried. ADD ON ITEMS The Acting City Manager mentioned. the following items: Dow-Sat of Mn. - The City of Mound has received payment of $11,128.92, for their annual franchise fee of 5%. Lake Minnetonka Task Force meeting scheduled for January 7,-1986, at 7:00 PM in Mound City Hall. Thank you letter from the Westonka Senior Citizens, Inc., to the Council members and City Manager for continued-support in 1985. Letter from MPCA - Requesting access to ground water monitoring wells 1'ocated at the former Lost Lake Dump property. MN Statues require we let them monitor. In checking with Public Works, there is only one well left, and it's the one closest to the street. The investigation of the well relates to the Tonka Main Plant Hazardous Waste Site, which is on the MPCA List. She is writing an approval letter, but requesting notification each time they monitor, ~ copy of all reports on the well and them (MPCA) or Tonka Corp.. to be responsible for any costs involved. 254 December l7, 1985 Mayor Polston asked City Attorney, Curt Pearson, what the time limit for an appeal on the Lost Lake issue. He answered around 30 days, being then the 21st of December. INFORMATION/MISCELLANEOUS A. School District Minutes November 12, 1985 and November 26, 1985 B. Article from December City ~ State - Manager Salaries C. Update from MAMA on Comparable Worth Study D. .Letter to Mayor and Council on Contel E. West Metro Coordinated Transportation - Express Notes Councilmember Paulsen moved and Councilmember Peterson seconded the following motion: MOTION TO ADJOURN MEETING The vote was unanimously in favor. Motion carried. Meeting adjourned at 9:00 PM. Fra Clark, Acting ity Manager Linda Strong, Acting City Clerk w BILLS LIST--------DECEMBER 17, 1985 Blackowiak ~ Son Holly Bostrom Bryan Rock Prod Butchs Bar Supply Cargill Salt Coast to Coast Coca Cola Clutch ~ U Joint Davies Water Day Distrib East Side Bev Royal Crown bev Twin City Home Juice Happys Potato Chips J.B. Distrib Lowelis City Club Distrib Marina Auto Supply Minnegasco Mound Spraying Westonka Foods Wm Muelle r Navarre Hdwe N.S.P. Natl Registry EMT Pepsi Cola Don Streicher Guns Thorpe Distr Unitog Rental SOS Printing Wurst Pearson Water Products Widmer Bros Westonka Sanitation Xerox Corp Ziegler Tire Serv Fiahertys Happy Tyme Wayzata Auto Serv Mark V11 Dist Copy Duplicat Nelson Enterprises Henn Co. Sheriff Pogreba Dist Glenwood Inglewood Tombstone Pizza Von K1 ug Nov Garb 52.50 N.S.P. Clean City Hall 177.00 Minnegasco Nov Rock 301.88 Jan Bertrand Nov mix, misc 47.40 NW Bell Nov salt 1,197.15 John McKinly Nov supplies 136.90 Todd Truax Nov mix 253.85 Contel U Joint 24.70 Bill Clark Delivery Chg 7.92 Medina Blrm Nov Beer 2,918.07 Nov beer 2,987.50 Nov mix 87.80 Nov mix 34.95 Nov chips 135.89 Fluids 95.40 Nov parts 169.43 Nov beer 3, 481 .75 Nov supplies 926.74 Nov gas 258.71 uPS 1.73 Cups 9.45 Nov sand 1,683.19 Nov supplies 321.60 Nov elec 3,588.91 Exams 30.00 Nov mix 518.95 Name tags 43.35 Nov beer 6,346.35 Nov unif .rent 298.46 Recycle flyers 121.50 Prof fees, pros 9,518.33 Aqua kit 101.49 Water services 1,370.00 Nov garb,FallCle anup 4,240.00 Maint, Princ,lnt 605.98 Tire repair 187.25 Nov mix 96.00 Flags, motor 215.00 Nov beer 806.70 Nov copier 15.00 Nov Freight 273.00 Radio Rntl 7,663.69 Nov beer 3,797.35 Nov water 29.95 Nov misc 40.50 Sept consult 488.75 Batch 854115 55,708.12 Twin City Testing Wtr tower serv 1,143.82 Shirley Hawks School exp 36.30 Columbia Great Lks printer ribbons 30.78 Elec Gas Mtg exp Siren,Line EMT book ~~ Tele Gasoline Resrv Dnr TOTAL BILLS 5,338.36 1,552.44 31.02 290.05 18.95 18.95 1 ,022.01 2,073.00 125.00 67,388.80 _.~ ,de~.,~ z/e ~ ~~~~~~ ~;~~~~~