1974-05-1442
MINUTES OF THE CITY COUNCIL MEETING OF MAY 14, 197~ at 8 P.M. AT THE MOUND CITY
OFFICES - ~341 Maywood Road
Present were: Mayor Donald Ulrick, Councilmen Orval Fenstad, Cklsir Hasse, Gordon
Swenson and Frank Philbrook; City Manager Leonard Kopp and Attorney ~urtis Pearson
MINUTES
The Minutes of the meetin§ of April 23, 1974 were presented for consideration. Swenson
moved and Philbrook seconded a motion to accept the minutes of the April 23, 1974 meeting
as presented. The vote was unanimously in favor.
The Mayor made the following Proclamation:
0 C L A MA T I O N
Poppy Day 1974
WH]~EAB, The American Legion ~.nd the American Legion Auxilia:r2fr ~l. opted
%he Memorial Poppy as its memorial flower in 1919; and~'
WHEREAS, by wearing the Poppy, Americans everywhere and especially in
this City of N~und both pay tribute to these war dead and
aid the living by assistance to Veterans and their families
in time of need; and
WHEREAS, the Poppy Day Program contributions are used solely for thei:~
rograms of Child Welfare and Rehabilitation in our community
nd state;
NOW, THEREFORE, I, Donald Ulrick, Mayor of the City of Mound, do hereby
proclaim the month of P~y 1974 as Poppy Month and ~17 as
Poppy Day in our City, and I urge all citizens of o~own .
to join with me in the wearing of this Memorial Flow~~ as
too~ether we remember the sacrifices of so many in defense of~
our freedom. ~i
. Do~ld ulrick ¢ ~ ~'
M~yor of the City of Mound
HEJtRING ON ARBOR LANE IMPROVEMENT
Engineer Skip McCombs reviewed the proposed project.
Askin§ questions were: Mr Kuhlman
E. W. Eklof
Henry Stasik
Councilman Philbrook asked for a show of hands of those having parking areas on their
own property - three persons raised their hands.
T. F. Jameson wanted to know what else there was Bo do before the project could get
under way?.
Swenson moved and Philbrook seconded a motion
RESOLUTION 74-108
RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF
PLANS (Project 73-42 - Arbor Lane)
The v0t¢ was unsnim0usly in £sv0r
HEARINfi ON TRANSMISSION BUSINESS - Three Points SPECIAL USE PERMIT
Gary Torgesonwas present and stated that he would be a resident of the buildin§ and
all work would done inside o£ the building on an appointment basis.
Joseph Partington stated that he w~s opposed and asked if the ordinance allowed this
type of business even under s special use permit.
Curtis Pearson no this type of business isn't allowed under the ordinance. ~
~ale Pixler asked what the property could be used for?
Curtis Pearson read from the ordinance citing the uses.
Walter Clark stated that they had a garage at that location and it was a mess.
Mrs. Daniels ask about the hours planned~ how cars would be brought to the site.
Torgeson answered about hO hours, 8 to h:30 approximately, and he had hired a tow service.
Counzilmsn Fenstad said that when he had worked ~iled up he might have to add more hours.
Torgeson conceded this might well be.
A show of hands indicated that the majority of people attending with an interest in this
proposal were opposed %o it.
Councilman Fenstad raminded the council that those opposed to a proposal would be the
ones that would attend a hearing, those in favor or neutral historically, did not attend.
Fenstad moved and Philbrook seconded a motion
RESOLUTION 74-109 RESOLUTION DENYING SPECIAL USE PERMIT (Lots 10 & 11,
Block 2, Dreamwood)
The vote was unanimously in favor. Roll Call Vote
Philbrook clarified his vote by saying he felt the petitioner's investment would be
endangered by the neighborhood opposition.
Fenstad clarified his vote saying this type of business should not be in a residential
neighborhood.
Ulrick said he had as a small business man sympathy for another and this spoZ was a
classic example of spot zoning.
.1W~VNING COMMISSION RECO~TIONS
Item 1
Ramon A. Serna
Lots 31 - 32 inc~lusive, Block 10, Pembroke
Front Yard Variance requested
Mr Serna was present, he does not have a land survey as yet.
-Swenson moved and Fenstad seconded a motion
·
RESOLUTION 74-110 RESOLUTION GRANTING FRONT YARD VARIANCE CONDITIONED
ON A SURVEY SHOk~NG THAT THERE W[/IIj] BE AT LEAST 20
FEET BETWEEN THE GARAGE ~ND THE LOST LINE AS THE
, PLANNING COMM/SSION H3kq RECOMMENDED ( Lots 31 - 32,
Block 10, Pembroke)
The vote was unanimously in favor.
][tam
Dennis Spensley
Section IL Plat 61214 Parcel 8730
Side and Rear Yard Variances requested to building a 9ara§e
Mr and Mrs Hennis Spensley were present requesting permission to build a garag~
into a hill and agreed to erect a red wood fence for 70 feet on the north side
up to t~ae hill so as to conceal the garage from the neighbor's view. He felt
neighbor's property~ which included boat storage and other storage was not too
much of an attraction in the area.
Gene Berent stated that he had things stored on his property and would clean
up, had only been waitin9 for the weather to change. He also stated having
the houses in a row made for neighborhood symmetry.
Calvin Drews suggested that the garage could be attached to the house on be
a tuck-under typ% could move the picnic rather than place the garage in
front off the house. He is opposed to variances.
Councilman Fenstad ask if the garage could be built on the property without
a variance?
Building Inspector answered - Yes, on the east side of the property.
Dennis Spensley said he was not convinced of which direction the house faced~
and he could not attach the 9ara9e to the house because of a problamwith the
roof slope.
William Rennet, Planning Commission member stated that he thought the request
should be granted as such construction would not be visiable to the neighbors,
placing the garage where the neighbors wanted would certainly cause a draina9e
problem.
Mrs James Annis stated that their boat only had been there for two weeks and
the pictures taken of the property happened to be taken during that period.
Gene Berent said that whatever draina9e that would be caused from the garage
construction as the neighbors want would be slight.
Dennis Spensley stated that such construction could change the grade of the
land and such drainage could be a greater problem
Councilman Fenstad said that variance was not requested because of a hardship;
there,: fore he would move to deny the variance~ Hasse seconded a motion
Swenson and Philbrook stated that such a variance would spoil the symmetry
and beauty of the neiphborhood.
RESOLUTION 72-111
RESOLUIIONBENYING S/J]EAEB REAR YAROVARIANCES
(Plat 61212, Parcel 8730)
The vote was unanimously in favor.
Item 7.
Robert Lyckholm
Lot 13 and I2 and parts of 15-17, Block 17, Avalon
Lot Size variance and division of property requested
Hasse moved and Swenson seconded a motion
RESOLUTION 72-112 RESOLUTION WAIVING RBQUIREMENTS OF CHAPTER 22 OF'THE CITY
CODE RE~ING THE DIVISION OF PROPERTY ANDGRANTING LOT
SIZE VARIANCE (Lots 13-17, Block 17, Avalon)
The vote was unanimously in favor.
Item
Thomas a Bladholm
Section 23 Plat 61223 Parcel 1175
Subdivision of land requested
Mr Bladholm was present. The attorney said he must have a legal descriptionl
of the property to prepare the proper resolution for the council's
consideration. The matter would again be heard on May 28, 1972 if the
proper infomation is available.
COMMENTS AND SUCK~ESTiONS BY CITIZENS PRESENT
James Zuhlk~ wants to discuss the Temporary Restraining Order serVed'bn-the Mayor and
Building Inspector. Mr. C. R. Coykendall sai~ ~that the Bldg. Inspector told them to
take the partially completed cluster dock down.
Under discussion was the Temporary Restraining Order served on the Mayor and the Bld9
Inspector to prevent further construction on the cluster dock.
?srtisipsnts in the cluster dock ask what they could do and the attorney said if they
could prepare affidavits from their §roup it would save his time. He also stated
that this order did not mean that they had to tear this dock down just stop construction.
Howard(Bud)Om ask if there was an ordinance prohibitin9 the keepin9 of bee~? Answer~
no.
William Pruitt wants to know how many docks are to be allowed on the-commons and how far
apart they will be.
Kurt Carlson wanted to know if the attorney will defend the city's position on cluster
docks. Answer, yes if the council so directs.
Unidentified person - need more parkin§ and li§hts in front of buildin~ (city hall).
James Peterson has paid for dock application what has happened to that. Answer - no
permits have been issued in 1974
Ed Buhr wants th¢ city of install a public address systam.
PARK COM~ION RECOMMENDATI.ONS
Pambroke Beach Bock Permits
Hasse moved and Philbrook seconded a motion
RESOLUTION 74-ii3
RESOLUTION PROHIBITING DOCHS WITHIN 50 FEET OF ALL
SWIMMING BEACHES ON COMMONS
Roll Call Vote
Fenstad Nay
Hasse Aye
Philbrook Aye
Swenson Nay
Ulrick Nay
Resolution failed
Fenstad moved to table the matter of docks, Swenson seconded the motion
BE IT MOVED, the matter of Docks ,be tabled.
The vote was:
Fenstad Aye
Hasse Nay
Philbrook,~ Nay
Swenson Aye
Ulrick Nay
Motion failed
Ulridkmoved and Hasse seconded a motion
P UTZO 74-114
RESOLUTION PROHIBITING DOCKS ON BEVON COMMONS WITHIN
50 FEET OF SkrIMMXNG AREA ON PEMBROKE BEACH
Roll Call Vote
Fenstad Abstain
Hasse Aye
Philbrook Aye
Swenson Nay
Ulrick Aye
Resolution passes
A public hearin9 on docks has been set for Wednesday, May 22, 1974 at the City Offices
at 7:30 P.M. until 12 midni§ht.
Fenstad moved and Swenm n seconded a motion
SSOLUTZON ?a-ilS
RESOLUTION PLACING: A MORITORIUM ON NEW DOCKS ON ALL
COMMONS UNTIL MAY 28, 1974.
Roll Call Vote
Fenstad Aye
Hasse Aye
Philbrook Nay
Swenson Aye
h6
Ulrick Aye
Resolution passes
STEERING COMMITTEE APPOINTEI] FOR BOCK MEg~flNG BY THE MAYOR
William iPruitt
James Peterson
Erlin§ Hoo
James Zuhlke
Alan Greene
BILAPI~ATFJ] BOCK LIST
Swenson moved and Hasse seconded a motion
RESOLUTION 7h-116
RESOLUTION DECLARING ALL DOCKS LISTED ON THE
BILAPII1ATEB LIST BE PERMITTED TO STAYAS THEY
ARE UNTIL THE MEETING OF MAY 22, 197h
Roll Call Vote
Fenstad Nay
Hasse Ay~
Philbrook Nay
Swenson Aye
Ulrick Nay
Resolution failed
Note: Time 12:01 AM
DEVON PARK
Engineer Skip McCombs outlined the project. Altemmate I. is $27,695 and Alternate II
is basically claimin9 the tax forfeit lots for Park purposes.
Alan Greene wants Devon Park and Alternate II as the two are not the same and do not
serve the same 9roups; he feels that not much money has been spent for Parks lately.
.Fenstad moved and Hasse seconded a motion
RESOLUTION 7h-117 RESOLUTION RECEIVING REPORT AND CALLING FOR PUBLIC
HEARING (Project ?h-h7 Devon Park) Hearing 6-2~-7h
The vote was unanimously in favor.
TAX FORFEIT LAN~
Hasse moved and Philbrook seconded a motion
RESOLUTION 7h-118 RESOLUTION AUTHORIZING AND DIJRECTING APPLICATION FOR
CONVEYANCE FROM THE STATE OF LOTS 13-1~, BLOCK 11,
DEVON FOR PARK PURPOSES (Plat 37870, Parcel h260)
The vote was unanimously in favor
BLACKTOP FOR THREE POINTS PARK
Ulrick moved and Swenson seconded a motion
RESOLUTION 7h-il9
RESOLUTION AMENDING RESOLUTION 72-201 "Accepting
Bids for Blacktopping in the Three points Park
and accepting the low bid from Martin & Sons
Blacktopping" BY ADDING $280.00 TO THE BID.
The vote was unanimously in favor.
PARK COMMISSION APPOINTMENT
Ulrick moved and Hasse seconded a motion
RESOLUTION 7h-120 RESOLUTION ACCEPTING THE RESIGNATION OF DR. BYRON
PETERSEN FROM THE ADVISORY PARK COMMISSION AND
APPOINTING DON R. PHILLIPS TO FINISH OUT THE UNEXPIRED
TERM OF DR. PETERSEN - December 31, 1976
The vote was unanimously in favor
DEFFJlRED COMPENSATION PLAN
Charles A. Schons of AEtna Life and Casualty Company presented a brief resume' of the
Hennepin County Beferred Compensation Plan allowing employees to save monies from their
pay checks and pay all state and federal taxes on such monies when they retire.
Swenson moved and Hesse seconded a motion
RESOLUTION
RF~OLUTION AUTHORIZING THE MAYOR AND THE MANAGER TO
SIGN JOINT POWERS AGREEMENT WITH THE HENNEPIN COUNTY
COOPERATIVE PURCHASING PROSRAM FOR THE DEFERRED
COMPENSATION PLAN
The vote was unanimously in favor.
3.2 BEER APPLICATION FOR ON AND OFF SALE LICENSES
Swenson moved and Hasse seconded a motion
RESOLUTION 74-122 RESOLUTION SETTING HEARING FOR STAGE ONE CAFE FOR
ON AND OFF SALE 3.2 BEER APPLICATION - 6-11-74
The vote was unanimously in favor
'WATER SERVICE PHELPS ISI~ PARK AIIDITION
Mr Larson and Mr. Klutb were present and had another name (John Theuher, 4424 Benbigh
Lane) ~or their petition for water on Phelps Island P~rk Addition.
Fenstad moved and Hesse seconded a motion
RESOLUTION 74-123 RESOLUTION CALLING FOR PRELININARY WATER REPORT FOR
THE INSTALI~TION OF WATER FOR LOTS 88-92 PHELPS ISLAN2 PARK
(Project 74-48 ~enbigh Road Water)
The vote was unanimously in favor
EBEN ROAD BLACKTOPPING
Engineer Skip McCombs outlined the project.
Hesse moved and Philbrook seconded a motion
RESOLUTION 74-124 RESOLUTION RECEIVING REPORT ANI] CALLING FOR PUBLIC
HEARIN(i (Project 74-46 Eden Road - Street Improvements)
The vote was unanimously in favor
Note: BIKE HIKE PATHS to be taken up a later date
BIDS FOR FIRE~EPT. EQUIPMENT
GENERATOR FOR EQUIPMENT TRUCK
Hesse moved and Philbrook seconded a motion
RESOLUTION 74-12~ RESOLUTION ACCEPTING BIIkq FOR GENERATOR FOR E~UIPMENT
TRUCK FOR FIRE~EPARTMENT ANI] ACCEPTING THE ]LOW BID
FROM FLAHERTYE~UIPMENT CORPORATION FOR $1,927.80
The vote was unanimously in favor
EQUIPMENT FOR EQUIPMENT TRUCK
Swenson moved and Hesse seconded a motion
h8
RESOLUTION 7h-126
RESOLUTION ACCEPTING BIDS FOR EQUIPMENT TO BE
INSTALLED ON THE NEW FIRE I]EP~NT EQUIPMENT RRUCK
AND ACCEPTING BID OF CHAS. OLgON & SONg FOR $3,127. O0
The vote was unanimously in favor
MONITORS) ,,! ' ", .~
Fenstad moved and Hasse seconded a motion
to buy 38 Monitors
RESOLUTION 7h-127
RESOLUTION AUTHORIZING PURCHASE OF 38 MONITORS
FROM HILLCRESTSAFETYEQUIPMENTAT $198.00 EACH
FOR THE FIRE DEPARTMENT (Bid Under the Hennepin
~ounty Cooperative Purchasing)
The vote was unanimously in favor
SIREN BIJ3S - hold until next meeting
CITY OFFICE BLJ]G BIIk~
Fenstad moved and Swenson seconded a motion
RESOLUTION 7h-128
RESOLUTION ACCEPTING BIDS FOR ADDITIONAL WORK ON
THE ,CITY OFFICE BUILDING AND ACCEPTING THE LOg
BID OF GENE GARVAIS BUILDERS FOR $2~ 735.00
The vote was unanimously in f~vor
ACTING MANAGER
Fenstad moved and Philbrook seconded a motion
RESOLUTION 7h-129 RESOLUTION DESIGNATING ACTING CITY MANAOER
(Barbara Heyman)
The vote was unanimously in favor
BINGO REQUEST
Northwest Tonka Lions Club requests permission to operate a bin§o game June 28, 2~
19?h. No action was taken.
TRANSFERS
Swenson moved and Philbrook seconded a motion
RF~OLUTION 72-130 RESOLUTION AUTHORIZING TRAI~ER OF FUNDS
The vote was unanimously in favor
BILLS
A list of bills was presented for consideration, such list is on file ~.~n 2he City
Clerk's Office under Bills - ~-lh-197h - total $66,398.32. Hesse moved and Swenson
seconded a motion to pay the bills where funds are available. The roll call vote
was unanimously in favor, so carried.
DISCUSSED WERE:
Use of Railroad Property by motorized vehicles
Restraining Order on Cluster Oocks
Swenson moved and Hasse seconded a motion to adjourn until the meeting of May 28,
at the City Offices at 8 P.M. The vote was unanimously in favor, so carried and
adjourned.
1972
Attest:
Leonard Kopp, City Manager
Barbara Heyman, City Clerk