1981-09-22124
REGULAR MEETING
OF THE
CITY COUNCIL
September 22, 198l
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 5341 Maywood Road in
said City on.September 22, 1981, at 7:30 P.M.
Thos present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Gordon
Swenson and Donald Ulrick. Councilmember Robert Polston was absent and excused.
Also present were City Manager, Jon Elam, Building Inspector, Henry Truelsen,
Secretary, Fran Clark and the following interested citizens: Abbott and
Claire Frank, Sherry Bryd, Mrs. Ben Anderson, Gary M. Paulsen, Nancy O'Brian,
Richard C. Haley, Sally J. Armitage, Dan Christianson, Jim Stello, Maruel
Johnson, Ronald JohnSon, Michael Duffy, Jim McGee, Bob Smestad, Keith Kullberg.
The Mayor'opened the meeting and welcomed the people in attendance.
MINUTES
The Minutes of the September 8, 1981, meeting were presented for consideration.
Swenson moved to approve the minutes of'September 8, 1981 with the following
corrections:
Under ASSESSMENT HEARING - 1980 STREET IMPROVEMENT - That he voted nay to
changing the date of the hearing from September 23, 1981, to September 30,
1981, for the additional 2 reasons:
1. Because it was not fair to .the residents who where already planning
on the September 23, 1981, date.
2. Because School Superintendent and members of the Council are
playing politics with the September 29, 1981 School Referendum. Vote.
Charon seconded the motion to approve the minutes of September 8, 1981, as
corrected. The vote was 3 in favor with Councilmember Ulrick voting nay.
Motion passed.
The Minutes of the September 9, 1981, Budget Meeting were presented for
consideration. Charon moved and Swenson seconded a motion to approve the
minutes of September 9, 1981, Special Budget Meeting, as submitted. The vote
was unanimously in favor. Motion passed.
The Minutes of the September 10, 1981, Budget Meeting were presented for
consi'deration. Ulrick moved to approve the Minutes of September 10, 1981,
Special Budget Meeting, as submitted. Councilmember Swenson wanted the
minutes to reflect that the meeting was adjourned and reconvened to handle
the Lassek Fence item. After, some discussion between the Councilmembers,
Councilmember Ulrick agreed to amend his motion to read: approve the
Special Budget Meeting Minutes of September 10, 1981, with the following
correction. That the Minutes reflect that the meeting was adjourned and
reconvened to handle the Lassek Fence item~ Charon seconded this motion.
The vote was unanimously in favor. Motion passed.
ADDITION TO THE AGENDA
Councilmember Ulrick asked to add and Item #16 - Road Construction to the
Agenda.
PUBLIC HEARING ON ASSESSMENT OF UNPAID TREE REMOVAL CHARGES
The Mayor opened the Public Hearing.
125
September 22, 1981
The City Manager read the 1 letter he has received regarding unpaid tree
removal charges. The letter from Mr. James McGee, 4915 Monmouth Road,
Mound, Minnesota, PID #24-117-24 41 0104, indicated that he did not feel
responsible for paying for the removal of a tree on his property that
the city's contractors did substantial root damage to during the 1979
Public Improvement Project. He feels the tree died due to construction
trama to it's roots and that approximately 45 days after the damage
the tree inspector alleged the tree had Dutch Elm disease. No lab analysis
was made prior to construction or after the tree inspection. The tree
was dead when the inspection was made. Therefore, he felt the tree
removal should be charged against the 1979 Street Project.
The City Manager said Mr. McGee did receive the shade tree grant for this
tree. He also noted that there is no way to prove, at this point, whether
the tree died because of road construction or Dutch Elm Disease. The
City Manager stated that for all other people on the list there is
documentation that the trees were diseased. All people on the list were
notified that unless the tree or trees were removed within 10 days of
their receiving this notice, the City has the authority to come in and
remove the tree or trees and assess the costs to the property owner.
Mr. McGee was present and stated that he did receive this notice and
contacted Mr. Lyle Swanson of McCombs-Knutson ~nd was told that Mr. Swanson
would take care of the problem.
The Mayor closed the Public Hearing.
Charon moved and Swenson seconded the following resolution.
RESOLUTION 81-303
A RESOLUTION TO PASS THE ASSESSED COSTS OF TREE
REMOVAL ON TO THE PROPERTY OWNERS ON THE LIST
AS SUBMITTED EXCEPT FOR MR. JAMES MC GEE - $101.00.
The vote was unanimously in favor. Motion passed.
PLANNING COMMISSION MINUTES
SUBDIVISION OF LAND - PARTS_OF LOTS 3 AND 4, BLOCK 3, SHADYWOOD POINT
Wayne & Sherry Byrd 1766 Shorewood Lane - PID #13-117-'2~ ll 0123
61980/0002
Swenson moved and Charon seconded a motion
RESOLUTION 81-304 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE
PLANNING COMMISSION TO APPROVE THE SUBDIVISION AS
REQUESTED.
The vote was unanimously in favor. Motion passed,
NONCONFORMING USE - LOTS 9 AND 10, BLOCK 2, AVALON
Nancy L. O'Brian - 4'568 Denbigh Road - PID #~9-117-23 24 OOll
37850/410
Swenson moved and Charon seconded a motion
RESOLUTION 81-305 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION RECOGNIZING THE EXISTING NONCOr~FORMANCIES
AND APPROVING THE REQUEST FOR A DECK.
The vote was unanimously in favor. Motion passed~
September 22, 1981 126
VARIANCES - FRONT & SIDE YARD - LOT 39, PHELPS ISLAND PARK )ST DIVISION
Ronald W. Johnson -"~416 Dorchester Road - PID #19-117-23 31 ~i"04
37930/1320
Swenson moved and Charon seconded a motion
RESOLUTION 81-306 RESOLUTION TO APPROVE THE 5 FOOT SIDE YARD VARIANCE
AND THE MODEST LAKE FRONT VARIANCE WITH THE UNDER-
STANDING THAT THEY ARE REPLACING THE PRESENT STRUCTURE
WITH A NEW HOME, LOT 39, PHELPS ISLAND PARK lST
DIVISION.
The vote was unanimously in favor.
Motion passed.
VARIANCES - FRONT & SIDE YARD - LOTS 14 & 15, BLOCK 5., DEVON
Daniel Chrisitanson - 4724' Hanover Road - PID #30-117-'23 22 0038
37870/1880
Charon moved and Swenson seconded a motion
RESOLUTION 81-307 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION RECOGNIZING TilE EXISTING NONCONFORMANCIES
AND APPROVING THE DECK ALREADY BUILT AND ALSO APPROVING
THE PROP.OSED ADDITION FOR A GARAGE.
The.vote was unanimously in favor. Motion passed.
NONCONFORMING USE - LOT 20 & 21, BLOCK 3, SHADYWOOD POINT
Keith Kullberg - 172~ Shorewood Lane - PID #13-11~J24 ll 0020
61980/1970
Swenson moved and Charon seconded a motion
RESOLUTION 81-308 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE THE STREET FRONT AND
SIDE YARD VARIANCES.
The vote was 3 in favor with Councilmember Ulrick abstaining. Motion passed.
NONCONFORMING USE -LOT.2, BLOCK 2, SHADYWOOD POINT
Wayne Burkhalter - 1904 Shorewood Lane - PID #18-117-23 23 0004
61980/380
This item was deleted from the agenda.
NONCONFORMING USE - LOTS 1 AND 2, BLOCK 3, AVALON
Richard C. Haley - 4'5~ Denbigh Road PID #19-117-23 24 0012
37850/0480
Charon moved and Ulrich seconded a motion
RESOLUTION 81-309 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE THE DECK AND RECOGNIZE
THE EXISTING NONCONFORMANCIES.
The vote was unanimously in favor. Motion passed.
SIGN.PERMIT - LOTS 1-4, 21 & P/5 & 20, BLOCK 1, SHIRLEY HILLS UNIT A
Mobil Station - 4800 Bartlett Blvd. - PID #13-117-24 44 0014
61990/0t25
Swenson moved and Charon seconded a motion
RESOLUTION 81-310 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE THE SIGN AS REQUESTED
The vote was unanimously in favor. Motion passed.
127
September 22, 1981
REFUND OF SUBDIVISION FEE - LOTS 78 & 79, FIRST REARR. OF PHELPS ISLAND PARK
1ST DIVISION
Charles Anderson, Applicant (C.W. Richards, Owner) - 4350 Wilshire Blvd
PID #19-117-23 13 0010
37890/5100
Mr. Anderson requested in a letter dated September 15, 1981, to have his
item dropped from the Agenda of this meeting and asked for ½ of the
fee of $25.00 to be returned to him.
Ulrick moved and Swenson seconded a motion
RESOLUTION 81-311 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
AND RETURN ½ THE SUBDIVISION FEE OF $25.00 OR
$12.50 TO THE APPLICANT - CHARLES ANDERSON.
The vote was unanimously in favor. Motion passed.
SET PUBLIC HEARING DATE - RICHARD ANDERSON SUBDIVISION PLAT
A motion was made by Councilmember Swenson and seconded by Councilmember
Charon to set the date for the Public Hearing on the preliminary plat
of Part of Lots 4, 5 and 6, Block 11, Mound Terrace,(PID #14-117-24 33 0008,)
Richard Anderson, owner - for (and 0009)
October 13, 1981. The vote was unanimously in favor. Motion passed.
DISCUSSION ITEM
The owner of 6343 Bayridge Road (Part of Lot 2, Bay Ridge Addition) is
asking the City to take some action regarding the fence (solid) around
the neighbor's swimming pool which blocks his view of the lake.
The Council discussed this problem but took no action on it at this time.
The Building Inspector had called the City Attorney and gotten an O.K. to
issue a building permit for the swimming pool and the fence and the
owner did not need a variance because he met the setbacks, etc.
COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT
No comments or suggestions were submitted at this time.
APPLICATION FOR BINGO PERMIT
A motion was made by Councilmember Swenson and seconded by Councilmember
Ulrick to issue a Bingo Permit to the Tonka Alano Society for a $5.00 fee
and waive the bond. Bingo will be played Friday evenings at 7:00 P.M. at
the Community Service Center (Old High School). The vote was unanimously
in favor. Motion passed.
DOWNTOWN ADVISORY COMMITTEE REPORT
The Council deferred action on this item until later in the Meeting because
Mr. Paul Pond was not present yet.
ACCEPTANCE OF GRANT OFFER - MOUND BAY PARK MATCHING FUNDS
Swenson moved and Charon seconded a motion
RESOLUTION 81-312 RESOLUTION TO APPROVE THE GRANT OFFER FROM LAWCON
FOR MOUND BAY PARK MATCHING FUNDS.
The vote was unanimously in favor. Motion passed.
September 22, 1981 128
BUSINESS EXPENSES OF THE MAYOR AND THE COUNCIL
Ulrlck moved and Charon seconded a motion
RESOLUTION 81-313
RESOLUTION RELATING TO BUSINESS EXPENSES OF THE MAYOR
AND THE CITY COUNCIL.
The vote was unanimously in favor. Motion passed.
Councilmember Ulrick noted that the Mayor and the Council are not reimbursed
for their expenses unless specifically approved.
BILLS
A motion was made by Councilmember Swenson and seconded by Mayor Lindlan
to approve the payment of the bills as presented on the pre-list in the
amount of $194,805.22, when funds are available. Roll call vote was
unanimously in favor. Motion passed.
INFORMATION/MISCELLANEOUS
WATER ~EPORT ' . _ i.~ ........
The City Manager submitted to the Council a report from the Minnesota
Dept. of Health on the municipal water supply in Mound. This report
goes to all cities once a year and shows the recommendations of the State.
The City Manager reported that Tonka Toys will be using a water recycling
plant about November 15, 1981. This will reduce their water consumption
by about 550,000 gallons per day, which will reduce our water revenue
considerably. However, Tonka is hoping to go to water based paint instead
of petroleum based paint and this could help the revenue situation because
they will be mixing their own paint. City Manager will monitor closely.
SPRING PARK WATER CONNECTION
The City Manager submitted a letter from Eugene Hickok and Associates,
dated August 27, 1981, which states that the plans and specifications
for the water connection are complete and ready for advertisement should
the City desire to take bids yet this year. They advise that with
the construction slowdown it may be better to advertise now and not wait
until the Spring of 1982. The City Manager explained that this is a
joint project with Spring Park (they will pay $35,000. and Mound will pay
$35,000) and we have budgeted for this. There is a definite need for
this connection with Spring Park because it.would also be a storage
facility and backup system for the Island Park area.
A motion was made by Councilmember Ulrick and seconded by Councilmember
Charon directing Eugene A. Hickok & Associates to prepare final plans and
specifications on the Spring Park Water Connection and present them to
the Council for approval, prior to going for bids. The vote was unanimously
in favor. Motion passed.
LIQUOR STORE QUOTES
Charon moved and Swenson seconded a motion
RESOLUTION 81-314 RESOLUTION TO APPROVE THE RECOMMENDATION BY NELS
SCHERNAU FROM LIQUOR STORE SUPPLY COMPANY FOR
REMODELING THE WALK IN COOLER, IN THE AMOUNT OF
$8,536.00, TO BE PAID FROM THE LIQUOR FUND.
The vote was unanimously in favor. Motion passed.
129
September 22, 1981
PUBLIC HEARING ON VACATION OF ALLEY - SETTING DATE
Ulrick moved and Swenson seconded a motion setting October 13, 1981,
as the date for a Public Hearing on the Vacation of our private alley
included in the description of PID #19-117'23 31 O104 - Ron Johnson, owner.
The vote was unanimously in favor. Motion passed.
ROAD CONSTRUCTION
There was discussion on the following items.
1. Bartlett Blvd deficiencies in blacktop will be replaced.
2. The deep hole at the corner of Belmont and Lynwood Blvd.
Charon moved and Swenson seconded a motion to have the engineer
check into this hole at the corner of Belmont~and Lynwood Blvd.
and report back to the Council. The vote was unanimously in favor.
Motion passed.
3. Material is available from the road construction for filling
what was called Dr. Mitchell's Garden (the low parking lot South
of Auditor's Road and east of the old Pump House). If it was
filled in, it would make a more desirable parkinq area for residents.
Councilmember Ulrick was concerned about the following items:
a. Pushing the crushed rock off the top before filling and then
putting it back on top.
b. Who was going to do it?
c. Can our street crews do it with a front end loader?
d. The ramifications and the business's that will pay for the
construction of that lot.
e. Budget capacity.
4. Having the City Manager check with the businessmen and see what
their feelings are.
5. Stockpiling the fill until later.
Swenson moved and Charon seconded a motion authorizing the City Manager
to, at least, stockpile the 1000 to 1200 yards of fill on the parking
lot South of Auditor's Road. The vote was unanimously in favor. Motion
passed.
Councilmember Ulrick would like to County to smooth it out.
Councilmember Swenson expressed a concern about Skip McCombs telling
people that if we lower the Seahorse Condominiums assessments, we could
draw the money out of MSA Funds. This statement is not true.
DOWNTOWN ADVISORY COMMITTEE REPORT
Paul Pond was present. The City Manager went over a letter from Mr. Pond
and the following action was taken.
Charon moved and Swenson seconded a motion
RESOLUTION 81-315 RESOLUTION AUTHORIZING $1,296.00 OF FUNDS FOR
CITY PLANNER FOR STEP 3, TASK Ill-PUBLIC FACILITIES;
AND $340.00 OF FUNDS FOR CITY PLANNER FOR STEP 3,
TASK IV-DEVELOPMENT PROGRAMS.
The vote was unanimously in favor. Motion passed.
Mr. Pond reported that the street light situation is being resolved and that
the City will not be assessed any extra costs for the light fixtures that are
in compliance with the bid specifications.
September 22, 1981 130
Mr. Pond recommended negotiations with the Burlington Railroad regarding
the property adjacent to the railroad from Lake Langdon east to Belmont
Avenue. No action.
Swenson moved and Charon seconded a motion to adjourn at 9:55 P.M. The vote
was unanimously in favor. Motion passed.
n Elam, City Manager
BILLS .... SEPTEMBER 22, 1981
Charles Anderson
American National Bank
Charles S. Anderson
Air Comm
Auto Con Industries
American Natl Bank
Holly Bostrom
Ben Frankl~n Store
Blackowiak & Son
F.H. Bathke
Robert Cheney
Mary Cronin
Coast to Coast
Continental Tele.
Chapin Publishing
Century Lab.
Joseph Dutton
Documents Section
Drews Electric
Henn Co. Chiefs Assn
Henn Co. Chiefs Police PTAC
Sandra Hueszel
Eugene Hickok &
Henn Co. Chiefs
Internat'l Assn
Instrumentation
Bob Johnson
Kromer Co.
LMCD
Mound Postmaster
Mound Police
Mound Fire Dept
Metro Waste Control
City of Mound
McCombs-Knutson
Minnegasco
Wm. Mueller'&~Sons
Stanley R. Hann
Martins Navarre 66
NW National Bank-Mpls
N.S.P.
NW Bell Tele
Navarre Hdwe
Northland Elec Supply
Assoc
Police PTAC
Chiefs Police
Serv.
142.50
11,052.56
12.50
9O.OO
129.00
4,105.OO
132.00
138.87
94.00
13.80
334.00
35.34
167.12
819.92
31.20
61.50
8O.52
11.50
1,030.00
170.O0
4O.OO
25.OO
76.00
125.00
35.OO
7O O0
702 66
35 22
1,983 50
1,885 O0
600 O0
23 55
3,094.51
1,262.25
100.00
35,955.00
48.56
1,584.00
69.00
17.50
86,643. O0
6,536.25
6,945.38
6o.3o
9o.55
130.61
01d Dominion Brush 676.00
Pitney Bowes 26.00
Brad Roy 31.10
John Rosch 182.50
Howard Simar 255.00
Spring Park Car Wash 105.OO
Thurk Bros. Chev 66.72
Unitog Rental System 230.05
Water Products 125.14
Widmer Bros. 9,413.31
Winner Industries 3.33
Bellboy Corp 2,O31.30
Jacks Delivery 19.20
Griggs, Cooper 4,599.33
Johnson Bros. Liquor 5,026.70
Old Peoria 2,066.99
Ed Phillips & Sons 3,158.38
TOTAL BILLS
194,805.22