Loading...
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