1979-04-24 REGULAR MEETING
OF TNE
CITY COUNCIL
April 24, 1979
Pursuant to due call and notice thereof, a regular meeting of the City Council
of the City of Mound, Hennepin County, Minnesota was held at 5341Maywood Road
Tn said City on April 24, 1979 at 7:30 p.m.
Those present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Robert
Polston, Benjamin Withhart and Donald Ulrick. Also present were City Manager
Leonard L. Kopp, City Attorney Curtis A. Pearson, City Engineer William McCombs
and Acting City Clerk Marjorie Stutsman.
MINUTES
The minutes of the meeting of April 3, 1979 were presented for consideration.
Polston moved and Ulrick seconded a motion to approve the minutes of.the meeting
of April 3, 1979 with the following correction: Page 43 - Councilmember Ulrick
left at 10:OO p.m. due to a death in the family. The vote was unanimously Tn
favor.
The minutes of the meeting of April lO, 1979 were presented for consideration.
Swenson noted the omission of his request for a progress report on "lights on
Commerce" and "welcome signs" on the agenda of each meeting until they are com-
pleted. Add on Page 47 after Information Memorandums. Polston moved and With-
hart seconded a motion to approve the minutes of the meeting of April 10, 1979
as corrected. The vote was unanimously in favor.
PUBLIC HEARINGS
Special Use Permits - Body S~pp and Auto Repair Shop at 4839 and 4853 Shoreline
The Acting City Clerk presented an affidavit of publication in the official news-
paper of the notice of public hearing on said special use permits. Said affidavit
was then examined, approved and ordered filed in the office of the City Clerk.
The Mayor then opened the public hearing for imput on said special use permits
and persons present to do so were afforded an opportunity to express their views
thereon. The following persons offered comments:
Wayne Barkley
Oswin Pflug
David J. Babler
The Mayor then closed the public hearing. Discussed having a plan showing black-
topped and green areas, also fenced area~ same stipulations as before or more
restrictive stipulations as similar permits have.
Withhart moved and Swenson seconded a motion to continue this public hearing to
May 1, 1979. The vote was unanimously in favor.
Ulrick requested Staff look at Special Use Permit granted property on corner to
see if there were any stipulations not being complied with.
Sewer Extension and Street Improvement - Inverness Lane
The Acting City Clerk presented an affidavit of publication in the official news-
paper of the notice of public hearing on said sewer extension and street improve-
ment project. Said affidavit was then examined, approved and ordered filed in
the office of the City Clerk.
April 24, 1979
City Engineer William McCombs briefly explained the proposed project, possible
alternative plans including cul-de-sac and costs of each.
The Mayor then opened the public hearing for imput on said sewer extension and
street improvement and persons present to do so were afforded an opportunity to
express their views thereon. M.L. "Buzz" Sycks asked for a delay in order to
present a different plan.
The Mayor then closed the public hearing.
Ulrick moved and Swenson seconded a motion to continue public hearing on Inverness
Lane to May 8, 1979. The vote was unanimously in favor.
BIDS - AERIAL LADDER TRUCK
Fire Chief Eugene Garvais presented copies of a letter relative to the bids to
the Council. Discussed whether specifications had been met. Tentative date of
May 5th ut 10:O0 a.m. set for a demonstration of the two trucks.
Discussed outlining where differences are in the bids from the specifications and
also discussing this with the contracting communities.
Withhart moved and Polston seConded a motion to continue the bid consideration
until May 8, 1979. The vote was unanimously in favor.
PLANNING COMMISSION RECOMMENDATION -'Non-conforming Use, Tract A, R.L.S. # ll50
49
Withhart moved and Polston seconded a motion to remove from table. The vote was
unanimously in favor.
The Mayor requested the City Manager to review the background and status of this
fire damaged structure.
Mr. Zuckman and his Attorney, Errol Kantor, were present. They will contest any
decision that structure more than 50% destroyed. Does request that in event the
Council determines damage to be more than 50%, a variance be granted so Mr. Zuck-
man can rebuild.
Discussed having City Attorney clarify ordinance after this has been decided.
Polston moved and Withhart seconded a motion to continue this item to May 8th and
direct the staff to try to get a determination of the before and after value.
Withhart moved and Swenson seconded a substitute motion making a finding that the
building is less than 50% destroyed. Roll call vote: Swenson and Withhart voted
Aye; Ulrick, Polston and Lovaasen voted Nay; substitute motion failed.
The vote on the original motion was unanimously in favor; so continued to May 8th.
MONTCLAIR ROAD WIDENING
The City Engineer reviewed the proposed plan-6 foot widening would be on side of
property owner making request.
The Mayor then afforded persons present the opportunity to express their views
thereon. The following persons offered comments and questions.
Erwin Lange
David Babler
Wayne Barkley
April 24, 1979
Oswin Pflug
Dr. Joseph Glenn
Withhart moved and Swenson seconded a motion
RESOLUTION 79-148
RESOLUTION TO CONSTRUCT MONTCLAIR ROAD 34 FEET WIDE
BACK TO BACK FOR THE ENTIRE LENGTH OF STREET
The vote was unanimously in favor.
Council directed staff to get survey and then write letter on encroachment of
structure overhang.
LAKEWOOD LANE
City Engineer reviewed a proposed plan realigning corner of Wilshire and Lakewood.
The Mayor then afforded persons present to do so, an opportunity to express their
views thereon. The following persons offered comments:
Fire Chief Gene Garvais
Don Jerde, 2521 Lakewood Lane
Jim Lassick, 2431Wilshire Blvd.
Sally Lassick, 2431Wilshire Blvd.
Bob Hotvet, 2540 Lakewood Lane
John Seagard, 2531 Lakewood Lane
Fred Hanley, 2511 Lakewood Lane
Rock Lindlan, 2561 Lakewood Lane
Polston moved and Ulrick seconded a motion
RESOLUTION 79-149
RESOLUTION ADOPTING THE STREET AT 28 FOOT WIDTH WITH
ALIGNMENT AS SET UP BY CITY ENGINEER - 30 FOOT TURNING
RANGE
The vote was unanimously in favor.
Roger Illies requested a sidewalk be planned to accommodate the children walking
through to Surfside.
DRURY LANE REQUESTED CLOSING
City Engineer pointed out area requested to be closed and noted that Planning
Commission and public services did not recommend closing street.
A1Wigand requested this be continued and he receive copies of letters relative
to this from the Public Works, Planning Commission, etc.
Lovaasen moved and Swenson seconded a motion to continue this item to May 1, 1979.
The vote was unanimously in favor.
STRAFFORD STREET VACATION
City Engineer pointed out area requested for vacation. City Attorney stated street
can't be vacated if needed for public services. The Thomas Gerolds' had comments
regarding their requests-feel street too close to their home.
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April 24, 1979
Ulrick moved and Lovaasen seconded a motion
RESOLUTION 79-150
RESOLUTION DENYING THE REQUEST FOR THE VACATION OF
STRAFFORD LANE FROM MANCHESTER TO DORCHESTER ROADS
The vote was unanimously in favor.
DOVE LANE SEWER
City Engineer explained some problems that have been encountered in completing
this portion of the 1978 street project; can't get easements, etc.
The City Engineer presented a report on alternatives and recommended the project
with the alternatives.
Withhart moved and Polston seconded a motion
RESOLUTION 79-151
RESOLUTION ACCEPTING THE ENGINEER'S FEASIBILITY REPORT
AND CALL FOR A PUBLIC HEARING WITH THE DATE SET FOR
MAY 22.
The vote was unanimously in favor.
ENGINEERING CONTRACT
City Manager and City Attorney have reviewed details of the contract and made
a recommendation.
Withhart moved and Polston seconded a motion
RESOLUTION 79-152
RESOLUTION CONCURRING WITH THE STAFF'S RECOMMENDATION
AND ACCEPT THE CONTRACT AND AUTHORIZE THE MAYOR AND
MANAGER TO ENTER INTO THE AGREEMENT.
The vote was unanimously in favor.
COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT
Dick Catton, 2870 Pheasant Circle, Woodcrest, read from a statement he said was
signed by most everyone in development, "We, the undersigned, would like to voice
our disapproval of placement of structure owned by Mr. Essig of Surfside, Inc. on
Halstead Lane. We feel structure is eyesore and not of same quality as other re-
sidences in neighborhood. Detracts from aesthetic and monetary value. Due to
lack of progress to make structure livable, we ask the Council to investigate the
reasons for inactivity ...... rectify the situation .... ".
Withhart moved and Polston seconded a motion to have Mayor write a letter to
Essig regarding concerns for status of progress on moved in house in Woodcrest
which was part of total package. The vote was unanimously in favor.
Withhart moved and Polston seconded a motion to continue the meeting past 11:30.
The vote was unanimously in favor.
PARK COMMISSION RECOMMENDATIONS
Dock Variance - Lots 37 and 10, Block ll and Lot 5, Block 2, All in Seton
Polston moved and Withhart seconded a motion
RESOLUTION 79-153 RESOLUTION TO CONCUR WITH THE PARK COMMISSION AND
DENY REQUEST FOR DOCK PERMIT,
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April 24, 1979
The vote was four in favor with Swenson temporarily absent.
Life Guards and Youth Employment Program
Polston moved and Withhart seconded a motion
RESOLUTION 79-154 RESOLUTION TO CONCUR WITH THE PARK COMMISSION AND
AUTHORIZE NEGOTIATIONS WITH THE SCHOOL TO FURNISH
LIFE GUARDS FOR THE CITY BEACH AND TO ESTABLISH A
YOUTH EMPLOYMENT PROGRAM
The vote was four in favor with Ulrick abstaining.
GAMBLING PERMIT
Withhart moved and Swenson seconded a motion
RESOLUTION 79-155 RESOLUTION APPROVING THE ISSUANCE OF A GAMBLING
PERMIT TO THE MINNETONKA AMERICAN LEGION POST 398
FOR ONE YEAR TO EXPIRE JANUARY 31, 1980.
The vote was unanimously in favor.
DOCK PERMITS
Swenson moved and Polston seconded a motion
RESOLUTION 79-156 RESOLUTION APPROVING DOCK PERMITS FOR THE 1979 SEASON
AS LISTED WITH COUNCIL MEMORANDUM 79-127
The vote was unanimously in favor.
SHOOTING PERMITS
Swenson moved and Withhart seconded a motion
RESOLUTION 79-157 RESOLUTION DIRECTING THE CITY ATTORNEY TO DRAW UP
ORDINANCE - NO DISCHARGE OF FIREARMS IN THE CITY
EXCEPT BY THE POLICE DEPARTMENT IN EMERGENCIES
The vote was unanimously in favor.
TAX FORFEIT LAND - Part of Lot 12, Block 4, Pembroke
Ulrick moved and Withhart seconded a motion
RESOLUTION 79-158 RESOLUTION AUTHORIZING LAND BE RESOLD TO OWNER OF
LOT 12, BLOCK 4, PEMBROKE FOR $359 - PORTION OF LOT
12 NOT NEEDED FOR STREET
The vote was unanimously in favor.
INFORMATION MEMORANDUMS
Food and Nutrition Council - I.M. 79-38
Withhart moved and Polston seconded a motion that this be referred to the Human
Rights Commission. The vote was unanimously in favor.
Police Report - I.M. 79-37
Ulrick moved and Swenson seconded a motion that payment of bill be delayed one
week. The vote was Ulrick, Swenson and Polston-Aye with Withhart and Lovaasen
voting Nay. Motion carried.
April 24, 1979
Discussed Information Memorandum 79-42 - Liquor Store Lease.
PAYMENT OF BILLS
Swenson moved and Polston seconded a motion to approve payment of bills as
presented on the prelist in the amount of $28,561.90 where funds are available.
Roll call vote was unanimously in favor.
TAX FORFEIT LAND
City Attorney reported on the status of tax forfeit land - Beachside - Plat 61290
Parcel 5915.
Polston moved and Withhart seconded a motion
RESOLUTION 79-159
RESOLUTION AUTHORIZING AND DIRECTING APPLICATION FOR
CONVEYANCE FROM THE STATE LOT 20 AND PART OF LOT 19,
ALSO PART OF LOT 34 AND PART OF LOT B, SHIRLEY HILLS
UNIT D, ALSO LOTS 28 TO 31, INCL., THE BARTLETT PLACE
AND ALSO PART OF LOT 32, AUDITOR'S SUBDIVISION 170
(PLAT 61290 PARCEL 5915) FOR PARK PURPOSES, STREETS,
UTILITIES AND WETLANDS
Roll call vote: Polston, Withhart and Lovaasen-Aye; Swenson and Ulrick-Nay;
motion carried.
ADJOURNMENT
Swenson moved and Polston seconded a motion to adjourn to the next regular meeting
on May 1, 1979 at 7:30 p.m. The vote was unanimously in favor, so adjourned.
53
~Iarjo~/ie Stutsman, Acting City Clerk
Leonarc/ L. Kopp, City Manager