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
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