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1981-08-11REGULAR MEETING OF THE CITY COUNCIL 102 August 11, 1981 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 in said City on August Il, 1981 at 7:30 p.m. Those present were: Mayor Rock Lindlan, Councilmembers Gordon Swenson, Pinky Charon, Robert Polston and Donald Ulrick. Also present were City Manager Jon Elam, Assistant City Attorney Jim Larson and Acting City Clerk. Marjorie Stutsman. MINUTES The minutes of the meeting of August 4, 1981 were presented for consideration. Corrections: 11 After Res. 81-246, directions to City Manager to read "cooper- ate with neighbors in restoring the area", 2) On Page 96 next to last paragraph change to: "..support a motion in order to facilitate the busing of..", 3) on Page 97, change word in vote on Res. 81-251 from abstaining to "absent" and 4) Add "and costs" to paragraph on Brookton Park Tennis Courts. Swenson moved and Polston seconded a motion to approve the minutes as corrected. The vote was unanimously in favor. ARBITRATION MATTER - LOCAL # 35, LAW ENFORCEMENT LABOR SERVICES Swenson moved and Ulrick seconded a motion RESOLUTION 81-265 RESOLUTION TO ACCEPT THE STIPULATING SETTLEMENT AND DISMISSAL OF GRIEVANCES (WITH CORRECTIONS IN PUNCTUA- TION AND ADDITION OF PHRASE "COMP TIME" IN PARAGRAPH 5) Roll call vote 4 in favor with Lindlan voting Nay. Nay vote based on belief that legally the stipulated agreement together with the order coming from the City Manager will be in conflict and will not fly. PLANNING COMMISSION MINUTES Side Yard Variance - Lots 19 and 20, Block 17, Avalon Swenson moved and Polston seconded a motion RESOLUTION 81-266 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOM- MENDATION AND APPROVE A 5 FOOT SIDE YARD VARIANCE FOR A GARAGE - LOTS 19 & 20, BLOCK 17, AVALON The vote was unanimously in favor. Nonconforming Use - Lot 12, Block 14, Dreamwood Polston moved and Swenson seconded a motion RESOLUTION 81-267 RESOLUTION TO CONCUR WITH PLANNING COMMISSION RECOMMEN- DATION RECOGNIZING THE EXISTING NONCONFORMING USE AND APPROVE THE BUILDING OF SHED WITH STIPULATION The vote was unanimously in favor. Lot Size Variance - Subd. of Lots 1 & 32, Skarp & Lindquists Ravenswood 103 August 11, 1981 Swenson moved and Polston seconded a motion RESOLUTION TO CONCUR WITH PLANNING COMMISSION RECOMMEN- DATION AND APPROVE 7.5 FOOT LAKE FRONT VARIANCE FOR DECK WITH STIPULATION DECK NOT BE ENCLOSED - LOT 5, SUBD. OF LOTS 1 & 32, SKARP & LINDQUISTS RAVENSWOOD RESOLUTION 81-268 Discussed neighbor's letter unanimously in favor. not relevant to granting variance. Front Yard Variance - Lot 7, Block 1, Halstead Acres 2nd Addn. The vote was Polston moved and Swenson seconded a motion RESOLUTION 81-269 RESOLUTION CONCURRING WITH PLANNING COMMISSION RECOMMEN- DATION AND APPROVE VARIANCE AS PREVIOUSLY GRANTED - LOT 7, BLOCK 1, HALSTEAD ACRES 2ND ADDN. The vote was unanimously in favor. Subdivision of Land - Part of Lots 9 & 10, HalStead Heights Ulrick moved and Polston seconded a motion RESOLUTION 81-270 RESOLUTION TO CONCUR WITH PLANNING COMMISSION RECOMMEN- DATION AND APPROVE SUBDI\/ISION AS REQUESTED - THAT PART OF LOT 9 & W.½ OF LOT 10 LYING SLY OF NLY 185 FEET, HALSTEAD HEIGHTS The vote was unanimously in favor. Side Yard Variance Lots 4 & E.½ of 5, Block 1, The Highlands Polston moved and Charon seconded a motion RESOLUTION 81-271 RESOLUTION TO CONCUR WITH PLANNING COMMISSION RECOMMEN- DATION AND GRANT A 2 FOOT SIDE YARD VARIANCE FOR DOUBLE GARAGE - LOTS 4 & E.½ of 5, BLOCK 1, THE HIGHLANDS The vote was 4 in favor with Ulrick voting Nay. Not a hardship. Nonconforming Use - Lot 6, Block 1, Woodland Point Polston moved and Swenson seconded a motion RESOLUTION 81-272 RESOLUTION TO CONCUR WITH PLANNING COMMISSION RECOMMEN- DATION, RECOGNIZING THE NONCONFORMING UNDERSIZED LOT AND APPROVE 2 FOOT SIDEYARD VARIANCE FOR NEW DECK - LOT 6, BLOCK 1, WOODLAND POINT The vote was unanimously in favor. Front & Side Yard Variances - Part of Lot 9, Block l, Macks Addition Applicant wants to request a vacation of part of cul-de-sac and asked item be tabled. 104 August 11, 1981 Swenson moved and Ulrick seconded a motion to table. The vote was unanimously in favor. Applicant referred back to Planning Commission. Conditional Use Permit for Multiple Dwellin~ - Part of Lot 27, Lafayette Park, Lake Minnetonka Ulrick moved and Swenson seconded a motion RESOLUTION 81-273 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOM- MENDATION AND APPROVE THE CONDITIONAL USE PERMIT FOR 4 PLEX CONTINGENT ON THE APPROVAL OF WATERSHED DISTRICT AND CITY ENGINEER'S FINAL APPROVAL OF ENTIRE PLAT PLAN The vote was unanimously in favor. Discussed: Conflict of interest of Planning Commission member seconding motion on property he has interest in. Looking into some method of handling the Plan- ning Commission items with more dispatch. Council requested that they get regular reports from the LMCD Representative. DOWNTOWN DEVELOPMENT Ulrick moved and Swenson seconded a motion RESOLUTION 81-274 RESOLUTION TO APPROVE THE DOWNTOWN DEVELOPMENT COMITTEE'S RECOMMENDATION TO ADOPT THE PROPOSED WORK PROGRAM AND BUDGET FOR THE STEP 3, SECTION A COMMERCIAL MARKET STUDY The vote was unanimously in favor. COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT There were no comments or suggestions presented. SETON CHANNEL QUOTATIONS Council directed City Manager refer this matter on to the citizens that are con- cerned with the fence. HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL BYLAWS Polston moved and Charon seconded a motion RESOLUTION 81-275 RESOLUTION APPROVING AMENDMENT TO HENNEPIN COUNTY CRIMI- NAL JUSTICE COORDINATING COUNCIL BYLAWS The vote was 4 in favor with Ulrick voting Nay. City Manager and Councilmembers Charon and Polston to look into functions of HCCJCC and whether it is beneficial for Mound to participate. ASSESSMENT CONTRACT Swenson moved and Charon seconded a motion to approve the billing in the amount of $32,627.00 as submitted by Hennepin County for total assessing costs. The vote was unanimously in favor. 105 August 11, 1981 CONTRACT EXTENSION - WATERMAIN IMPROVEMENTS Swenson moved and Ulrick seconded a motion RESOLUTION 81-276 RESOLUTION GRANTING AN EXTENSION FOR 1981WATERMAIN IMPROVEMENTS ON COMMERCE BOULEVARD (CSAH llO); CITY MANAGER AND CITY ENGINEER TO DETERMINE LENGTH OF EXTENSION The vote was unanimously in favor. ZONING ORDINANCE STATUS City Manager reported that Planning Commission had adopted the revised zoning ordinance draft and would like it forwarded to the Council. Council asked for the revised copy - will then set date. BUDGET REVIEW Budget meeting scheduled for 1st Tuesday evening in September from 6 to l0 p.m. (September 1). Council will have the regular meetings in September on the 8th, the 22nd and 29th. COUNTY RESOLUTION ON TAX FORFEIT LAND Council directed that this resolution be referred to the City Attorney for study and then brought back to the Council. TRANSFER OF CERTAIN CITY FUNDS Swenson moved and Ulrick seconded a motion RESOLUTION 81-277 RESOLUTION TO APPROVE THE TRANSFER OF CERTAIN CITY FUNDS The vote was unanimously in favor. PAYMENT OF BILLS Swenson moved and Charon seconded a motion to approve payment of the bills as submitted on the prelist in the amount of $506,544.46 when funds are available. Roll call vote was 4 in favor with Lindlan voting nay. Requested bills be in on Thursday so they can be in Council's material for review. CHANGE ORDER NO. 1 - STATE AID PROJECT NO. 145-101-06 Ulrick moved and Charon seconded a motion RESOLUTION 81-278 RESOLUTION APPROVING CHANGE ORDER NO. 1 - STATE AID PROJECT NO. 145-101-06 (TUXEDO BOULEVARD) IN THE AMOUNT OF $20,616.00 Discussed. City Manager directed to get explanation/need to determine liability for error or omission in not taking soil borings. The vote on the motion was unanimously in favor. BILLS ..... AUGUST ll, 1981 Buffalo Bituminous 154,330.50 Frank Blackowiak 24.00 Bryan Rock Prod. 343.39 F.H. Bathke 13.80 Bowman Barnes 113.47 Bill Clark Oil 3,847.32 Continental Telephone 835.21 Jon Elam 12.10 " " 18.00 FeedRite Controls 83.68 Glenwood Inglewood 66.25 Gerry's Plumbing 37.95 Eugene Hickok & Assoc 249.00 Hardrives, Inc 36,506.44 " " 204,175.39 Island Park Skelly 86.00 Bob Johnson 831.77 Frank Jedlicki 27,846.25 Kromer Co. 32.38 Lyman Lumber 13.30 Metro Waste Control 841.50 Mound Fire Dept 5,857.41 City of Minnetrista 486.00 MacQueen Equip 71.84 Marina Auto Supply 326.02 ~larina OK Hdwe 4.55 Minnegasco 30.71 Mound Hdwe 92.03 Mound Super Valu 81.99 Wm Mueller & Sons 466.00 Minn Comm 57.00 Martins Navarre 66 9.00 Navarre Hdwe 293.16 NSP 5,306.57 Pitney Bowes 175.50 Timothy Piepkorn 800.00 Reo Raj Kennels 277.00 Kenneth Schneider 224.45 Nels Schernau 31.47 Satellite Industries 325.00 Shepherd's Laundry 212.OO Spring Park Car Wash 117.50 Sheriffs Dept-Henn Co. 105.25 Thurk Bros. Chev Uniforms Unlimited Widmer Bros. Timber Wall Landscape Earl Weikle R.L. Youngdahl & Assoc TOTAL BILLS LIQUOR BILLS Frank Blackowiak Minnegasco Mound Shopping Center Regal Window Cleaning Water Care Johnson Paper Bradley Exterminating Kool Kube A.J. Ogle Butch's Bar Supply Coca Cola Day Distrib East Side Beverage Gold Medal Bev. Home Juice Jude Candy City Club Distrib Midwest Wine The Liquor House Pepsi Cola/7 Up Pogreba Distrib Thorpe Distrib Tombstone Pizza Griggs, Cooper Johnson Bros. Liq. Old Peoria Ed. Phillips TOTAL LIQUOR BILLS GRAND TOTAL--ALL BILLS 49.75 284.94 1,693.00 281.20 10,298.70 350.00 458,615.74 32.00 7.88 675.00 10.75 2O.8O 289.73 19.00 230.50 4,243.70 374.90 294 85 6,243 86 5,825 70 384 65 44 98 237 47 3,659 92 416 55 2,866 89 269 70 6,123 60 6,336 70 29 O0 2,600.72 3,239.72 1,037.78 2,412.37 47,928.72 506,544.46 TRANSFERS Street to Imp & Equip Outlay 1,666.66 Park " " " 333.33 Finance i, ,, ,, 80.17 Elections " " " 25.00 Diseased Trees" II 176.66 Sewer i, ,, ,, 375.00 Water " " " 416.67 Cemetery " " '~ 25.00 Street to Shop & Stores 152.12 Sewer " " II 50.34 Water " " " 52.03 Parks " ,i ,, 87.47 Bldg Inspect" i, 84.79 Police ,i ,i ,, 403.00 Liqu~to General ~ 2,000.0~0 106 August 11, 1981 FENCE REQUEST ON LESLIE Discussed. City Inspector commented that a fence encroachment may be potential for liability on part of City. Because of street construction, City has many boulevard areas that could be vacated. Council directed Staff to look into this and make some recommendations on setting a policy to handle this kind of request/vacate property keeping utility easements. PARKING LOT AT ISLAND PARK TENNIS COURT Lindlan moved and Swenson seconded a motion RESOLUTION 81-279 RESOLUTION SUPPORTING PARK COORDINATOR'S RECOMMENDATION AND AUTHORIZING CONSTRUCTION OF A PARKING LOT AND PATH AT TENNIS COURT The vote was unanimously in favor. DISCUSSION Discussed 1200 yards of fill placed in parking lot South of Dr. Mitchell's gardens/ Auditor's Road. City of Minnetrista's "hydrological study" to find what effect dump site would have on City's ground water. Councilmember Polston would like to see the City of Mound's Manager cooperate and participate with Minnetrista in this study to find out effect on Mound's ground waters. Councilmember Charon advised Council of a "Wetlands Tour" on September 12th sponsored by the League of Women Voters. ADJOURNMENT Ulrick moved and Swenson seconded a motion to adjourn to the next regular meeting on August 25, 1981 at 7:30 p.m. J~am, City Manager Marjo4~ie Stutsman, Acting City Clerk