1981-10-13REGULAR MEETING
OF THE
CITY COUNCIL
149
October 13, 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 October 13, 1981, at 7:30 P.M.
Those present were: Acting Mayor Robert Polston, Councilmembers Pinky Charon and
Gordon Swenson. Mayor Rock Lindlan and Councilmember Donald Ulrick were absent
and excused. Also present were City Manager, Jon Elam; City Attorney, Curt
Pearson; Building Inspector, Henry Truelsen; Secretary, Fran Clark and the
following interested citizens: Gregory Malik, Phyllis Stokke, Mr. & Mrs.
Tom Watson, Ronald W. Johnson, Arthur J. Peterson, Vernon P. Andersen, William
Netka, Randi Saba, Dick Anderson.
Acting Mayor Polston opened the meeting and welcomed the people in attendance.
MINUTES
The Minut~of the October 6, 1981, Regular Council Meeting were presented for
consideration. Charon moved and Swenson seconded a motion to approve the
minutes of October 6, 1981, Regular Council Meeting, as submitted. The vote
was unanimously in favor. Motion carried.
PUBLIC HEARING - YOUTH CENTER/ARCADE - CONTINUATION
Acting Mayor Polston opened the Public Hearing and asked for any comments
or objections from the citizens present.
Mrs. Paul Saba- Their land and the parking lot will be hard to
differentiate between the two and they would like
a privacy fence put up.
Acting Mayor Polston asked Mr. Watson if he wanted the Council to vote
on the youth center/arcade tonight because the full Council was not there.
Councilmember Swenson said that he had spoken with Spring Park and they
originally granted a license for their arcade for 30 days, then another
30 days, then 60 days and then granted the 1 year license. They did this
so they could monitor any problems. There have been no problems.
Councilmember Charon asked Mr. Watson if he could assure bike racks and
handicap parking spaces in front of the arcade and not on Auditorts Road.
His reply was yes.
Acting Mayor Polston read the proposed conditions for the special use permit.
1. Hours: 2:30 P.M. to 9:00 P.M. - Monday thru Friday
2:30 P.M. to 10:00 P.M. - Saturdays
Closed Sundays
2. Keep area around the building policed and all trash picked up, including
the City parking lot to the east of the facility.
3. Provide handicap parking space and necessary bike racks in front of
the building for all Arcade users.
4. Control noise by fully insulating the Arcade portion of the building
and by having adult supervision.
5. There will be an adult supervisor on the premises at all times the
Arcade is open.
6. License fees will be paid on all video machines, pool tables, etc.
The City Police will be responsible for conducting quarterly inspections
of the premises to insure all machines are licensed and the facility
is clean and well maintained.
~50
October 13~ 1981
7. The Licensee will submit a report to the City every three months
outlining any problems they are having with parking and Arcade
operations. The City will also keep a log of all complaints and
ask Arcade owner to respond to each to the best of his ability.
8. Owner will do everything within his power to prevent loitering
around the outside of the building and the parking area.
Mr. Watson responded favorably to all the conditions except he would like
to be open on Sundays from 2:30 P.M. to 9:00 P.M. He would also go along
with a 60 day license to begin with.
Charon moved and Swenson seconded the following resolution.
RESOLUTION #81-338 RESOLUTION APPROVING THE SPECIAL USE PERMIT FOR
60 DAYS, FROM THE DATE OF OPENING, TO TOM WATSON
FOR A YOUTH CENTER/ARCADE WiTH THE CONDITIONS
AS STATED EXCEPT HE WOULD BE ALLOWED TO BE OPEN
FROM 2:30 P.M. TO 9:00 P.M. ON SUNDAYS ALSO.
The vote was two in favor with Councilmember Polston voting nay. Motion
carried.
Charon moved and Swenson seconded the following resolution.
RESOLUTION #81-339 RESOLUTION TO APPROVE THE YOUTH CENTER/ARCADE
LICENSE FOR 60 DAYS FROM THE DATE OF OPENING.
The vote was two in favor with Councilmember Polston voting nay. Motion
carried.
PUBLIC HEARING ON VACATION OF PART OF PRIVATE ALLEY
Acting Mayor Polston opened the Public Hearing and asked for any comments
or objections from the citizens present. There were none. He then closed
the Public Hearing.
Charon moved and Swenson seconded the following resolution.
RESOLUTION #81-340 RESOLUTION TO VACATE PART OF PRIVATE ALLEY
(AS DESCRIBED) AND PETITIONED FOR, PHELPS'
ISLAND PARK, FIRST DIVISION, BUT RETAINING OUR
UTILITY EASEMENTS.
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING - SUBDIVISION OF LAND - RICHARD T. ANDERSON
Acting Mayor Polston opened the Public Hearing and asked for any comments
or objections from the citizens present.
The City Manager read the Planning Commission recommendations and part of
the Engineer's report which recommended, in part, the following:
1. That Lots 1 and 6 not be allowed driveway openings directly onto
West Edge Blvd.
2. That the street between lots 1 and 6 be extended to the east
boundary of the Plat and also the sewer and water be extended
to the east boundary.
The City Attorney brought up the fact that there would have to be a
park dedication of either 10% of the total land or a cash contribution
based on 10% of the fair market value of the land and he recommended
this be done now when the land is subdivided. This park dedication is
per the Ordinance.
151
October 13, 198~
Mr. Anderson stated that he only wanted approval of Lots l, 6 & 7 at
this time with the remainder of the /and an outlot.
There was discussion on the following by members of the Council. 1. Whether to ask for land or cash for the park dedication.
2. Whether a concrete curb and gutter and bituminous street to the
outlot was necessary.
Acting Mayor Polston closed the Public Hearing.
Polston moved and Charon seconded a motion directing the staff to prepare
a resolution for approval of the subdivision of Lots 1, 6 & 7 and the
outlot and bring back to the Council. for consideration. This resolution
to contain the following:
1. A cash contribution for park dedication in advance, as per the
Ordinance.
2.Lots 1 and 6 have driveways off the new street not West Edge Blvd.
3.The street between Lots 1 and 6 and the sewer and water be
extended to the east boundary of the plat (the outlot).
4. The street between Lots 1 and 6 have concrete curb and gutter and be
bituminous.
5. That Ri. chard T. Anderson post the appropriate surety bonds with the
City.
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING - SUBDIVISION OF LAND - RICHARD T. ANDERSON (SEPARATE ACTION
FROM ABOVE HEARING
Acting Mayor Polston opened the Public Hearing and asked for any comments
or objections from the citizens present. There were none. He closed the
Public Hearing.
Polston moved and Swenson seconded the following resolution.
RESOLUTION #81-341 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND
GRANT THE SUBDIVISION OF THE SOUTH 410 FEET OF LOT 6,
AND THAT PART OF LOT 5 AND OF THE WEST 1/2 OF LOT 4 LYING
SOUTHERLY OF THE NORTHERLY 144 FEET THEREOF, BLOCK ll,
MOUND TERRACE.
The vote was unanimously in favor. Motion carried.
CIGARETTE LICENSE - MOBIL STATION
Swenson moved and Charon seconded the following resolution.
RESOLUTION #81-342 RESOLUTION TO APPROVE A CIGARETTE LICENSE TO BE ISSUED
TO BETTY BUEHL FOR THE MOBIL STATION AT THE CORNER
OF COUNTY ROAD 15 AND BARTLETT BLVD.
The vote was unanimously in favor. Motion carried.
SIGN PERMIT FOR KOEHNEN'S STANDARD STATION
Charon moved and Swenson seconded the following resolution.
RESOLUTION #81-343 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
AND APPROVE A SIGN PERMIT FOR KOEHNEN'S STANDARD STATION.
The vote was unanimously in favor. Motion carried.
152
October 13, 1981
VARIANCE APPLICATIONS
NONCONFORMING USE - 8 FT. REAR YARD VARIANCE - LOT 1, REARRANGEMENT
OF BLOCK 7, SHIRLEY HILLS UNIT B
Terrance P. Wulf - 2600 Ruby Lane - PID #24-117-24 13-0001
61930/1000
Swenson moved and Charon seconded the following resolution.
RESOLUTION #81-344 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
AND DENY THIS APPLICATION FOR A VARIANCE
The vote was unanimously in favor. Motion carried.
SET DATE FOR PUBLIC HEARING - STREET VACATION
Gregory Malik - 4908 Three Points Blvd. - PID #13-117-24-11-OO78
61980/8580
Swenson moved and Charon seconded a motion to set the date for a
Public Hearing for the street vacation of a portion of west side of
Three Points Blvd. from Glen Elyn to the end of Lot 1, Block 23,
Shadywood Point for November 3, 1981, at 7:30 P.M. The vote was
unanimously in favor. Motion carried.
Mr. Ma]ik was present and asked if there was any way the Council
could waive the Public Hearing so that he could start building his
garage immediately. The City Attorney advised Mr. Malik that there
was no legal way to waive the Public Hearing.
The City Manager read the Engineer's recommendations to the Council,
which included the following comments:
1. If the City desires to vacate any of the R/W, they should
maintain a minimum of 50' R/W. Since the existing R/W is
66' 16' could be vacated and it could be taken off the one side.
If this section is ever upgraded to include concrete curb and
gutter, most likely the new road would be centered on the R/W.
2. Sanitary sewer is;located approximately in the center of the
R/W. If a portion is vacated, the new property line should be
no closer than 15 feet to the sanitary sewer.
3. We would recommend that no more than 10' be vacated along the
northwesterly side. The proposed addition shown would extend
approximately 18' into the existing R/W, which would leave less
than 10' to the edge of the driven road.
Mr. Malik will still need a variance after the vacation and will have
to go back to the Planning Commission for this.
SET DATE FOR PUBLIC HEARING - STREET VACATION
Arthur J. Peterson - 48'72 Leslie Road - PID #24-117-24-41-O021
38010/4245
Swenson moved and Charon seconded a motion to set the date for a
Public Hearing for the street vacation of the outside corner of
Leslie Road abutting Lot 8 and part of Lot 9, Bloc~ 21, Wychwood
for November 3, 1981, at 7:30 P.M. The vote was unanimously in favor.
Motion carried.
October l~, 1~81
153
SIDE YARD VARIANCE - PARCEL C, REGISTERED LAND SURVEY #1545
James B. Brown - proposed address 3129 Island View Drive-PID #19-117-23 34 OOO1
37719/4OOO
The City Manager explained that this variance was probably not necessary
but that Mr. Brown wanted clarification. Mr. Brown wanted to make sure
that the 15' of Ayr Lane that was vacated to him earlier could be used
as part of the side yard setback footage. The City Attorney informed him
that all he has,to do is have his title perfected to include the easterly
vacated 15' of Ayr Lane, but that he cannot build on this area because
the City has retained utility easements. The City Attorney also felt
that Mr. Brown did not need a side yard variance.
Polston moved and Charon seconded a motion t° refund to Mr. James B. Brown
the $25.00 Application for Variance fee as he really did not need one.
The vote was unanimously in favor. Motion carried.
STREET FRONT AND SIDE YARD VARIANCE - LOTS 21 & 22, BLOCK 5, SHADYWOOD POINT
Richard B. Stokke - 1754 Resthaven Lane - PID #13-117-24-11 0032
61980/2530
The City Manager explained that the variance is needed to allow an addition
of "solar entry, passive" to the existing addition and that the Planning
Commission had approved this variance.
Polston moved and Charon seconded the following resolution.
RESOLUTION #81-345 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
AND APPROVE THE STREET FRONT AND SIDE YARD VARIANCE.
The vote was unanimously in favor. Motion carried.
SUBDIVISION OF LAND - SEPARATING LOT 32 FROM LOTS 28-32r BLOCK l, ARDEN
OWNER - THE CITY OF MOUND
The City Manager explained that this request is so that the City can
separate Lot 35 from the other lots in the parcel and then divide it into
two parts; the North half being sold to Bruce Heuszel for square footage
to make Lots 1 and 2 a legal building site. The Planning Commission
has approved this.
Polston moved and Charon seconded the following resolution.
RESOLUTION #81-346 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE THE SUBDIVISION OF LAND
AS REQUESTED.
The vote was unanimously in favor. Motion carried.
COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT
Mr. James McGee, 4915 Monmouth Road was present to complain about a neighbor
(Mr. Orrin Fredrickson, 4925 Monmouth Road) who has built a garage with
no Building Permit from the City of Mound. He presented pictures of this
structure to the Council and stated that he has complained about this before
to the Building Inspector. The Building Inspector stated that he has
warned Mr. Fredrickson and spoken to him and cannot seem to get any
cooperation. The Council refered this item to the Staff for follow-up
and a report back to the Council.
154
October 13, 1981
PRESENTATION BY THE CITY OF MINNETRISTA (GEN OLSON, MAYOR) - WASTE
DISPOSAL SITE
Mayor Gen Olson thanked the Council for their Resolution on sludge/ash.
She stated further that Minnetrista has been eliminated from being a
possible sludge/ash site. Mayor Olson reported that Minnetrista is
one of five sites that could be selected for a solid waste disposal site.
Minnetrista has hired consultants to do an environmental study and has
presented to the State Hearing Committee this Study and a letter from
their attorney. Mayor Olson would like the City of Mound to send a
Resolution supporting Minnetrista in their fight against being chosen
for a solid waste disposal site and also to encourage the pursuance
of other ways to use solid waste as a resource. She stated that
Minnetrista needs political support in this fight. Mayor Olson gave
a short report on the environmental study that has been done.
Swenson moved and Charon seconded a motion to have the Staff draw up
a resolution supporting Minnetrista in opposing a waste disposal site
for Minnetrista and bring it back to the Council for adoption. The
vote was unanimously in favor. Motion carried.
WESTONKA CHAMBER OF COMMERCE DUES STATEMENT
The City Manager explained that the Westonka Chamber of Commerce is
asking the City of Mound to join. The City Attorney stated that the
State Attorney General says a City cannot make contributions to
organizations such as this. The Council decided it could cooperate
in other ways with the Chamber such as waiving fees for fund raisers, etc.
No action was taken.
WEST HENNEPIN HUMAN SERVICES BOARD - APPOINTMENT
The City Manager reported that the West Hennepin Human Services Board has
notified him that our representative, Ms. Connie Stahlbusch, has only
attended one board meeting out of eight and that she would like to
resign because of other obligations. He is recommending Ms. Judi Cunnington,
5936 Ridgewood Road, Mound, for this position. She is a Registered Nurse
and has been on several community projects that would make her a good
representative for this Board.
Swenson moved and Charon seconded the following resolution.
RESOLUTION #81-347 RESOLUTION APPOINTING JUDI CUNNINGTON AS MOUND'S
REPRESENTATIVE TO THE WEST HENNEPIN HUMAN SERVICES
BOARD FOR THE BALANCE OF 1981.
The vote was unanimously in favor. Motion carried.
BINGO PERMIT - MOUND FIRE ~EPT. AUXILIARY
Polston moved and Charon seconded a motion to approve a Bingo Permit to
the Mound Fire Dept. Auxiliary for November 17, 1981. The vote was
unanimously in favor. Motion carried.
LMCD RESOLUTION
The City Manager reported that the LMCD has adopted a resolution
regarding sludge, hazardous and other solid waste landfills in the
Lake Minnetonka drainage area and would like us also to adopt this
resolution and send it to the Hennepin County Board of Commissioners,
the Minnehaha Creek Watershed District and the Metropolitan Waste
Control Commission.
155
October 13, 1981
Charon moved and Swenson seconded the following resolution.
RESOLUTION #81-348 RESOLUTION REGARDING DISPOSAL OF SEWAGE, SLUDGE,
HAZARDOUS OR OTHER SOLID WASTE IN LANDFILLS IN THE
LAKE MINNETONKA DRAINAGE AREA.
The vote was unanimously in favor. Motion carried.
PAYMENT OF BILLS
Swenson moved and Charon seconded a motion to approve the payment of the bills
as submitted in the amount of $242,370.61, when funds are available. Roll call
vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
GENERAL REVENUE SHARING
The City Manager reported that he had just received a notice from the League
of Minnesota Cities that there is a proposed 12% cut in the general revenue
sharing program and if this passes it would mean a big cut in our revenue
sharing program.
Polston moved and Swenson seconded the following resolution.
RESOLUTION #81-349 RESOLUTION OPPOSING THE 12% CUT IN GENERAL REVENUE
SHARING TO BE SENT TO OUR REPRESENTATIVES AND SENATORS
IN WASHINGTON
The vote was unanimously in favor. Motion carried.
DOWNTOWN DEVELOPMENT COMMITTEE
The City Manager enclosed the minutes of the Downtown Development Committee
in the Council packets and advised that there were some vacancies on this
committee and that the Committee had selected certain people to be replace-
ments.
The Council approved the appointment of the following people: Jerry Longpre,
Mary Campbell and Peter Ward.
FALL CLEAN UP DAYS
Polston moved and Charon secondedamotion to approve the only bid of
$4,500.00 from Westonka Sanitation (this includes dumping fees) for
Mound's Fall Clean Up Days, October 26, 27 and 28, 1981. The vote was
unanimously in favor. Motion carried.
CITY MANAGER TO TAKE TIME OFF
Swenson moved and Charon seconded a motion to approve the City Manager,
Jon Elam, taking October 15, 16, 22 and 23, 1981, off with pay, for all
the hours he has put in at night meetings in the past few months. The
vote was unanimously in favor. Motion carried.
APPOINTING ACTING CITY MANAGER
Charon moved and Swenson seconded a motion appointing Chris Bollis as
Acting City Manager in the absence of Jon Elam October 15, 16, 22 and 23,
1981. The vote was unanimously in favor. Motion carried.
FIRE CONTRACTS
The City Manager reported that he has presented proposed Fire Contracts to
the City Clerks and Managers of all the cities that contract with us for
fire protection. He explained that the other cities should participate
156
October 13, 1981
in the costs of the building addition and the new fire truck and that
he intends to setup a separate fund for the Fire Dept. so they can
spend only the money they budget for and the money collected from the
contract cities and that any excess money at the end of the year in this
fund would stay in that fund and not be put in the General Fund.
Swenson moved and Charon seconded a motion to adjourn at 10:35 P.M.
The vote was unanimously in favor. Motion carried.
Fran Clark, Secretary
Elam, City Manager
BILLS ..... OCTOBER 13, 1981
Chuck Anderson
Diane Arneson
Bryan Rock Prod
F.H. Bathke Co.
Bowman Barnes
Coast to Coast
Continental Telephone
Robert Cheney
Jon Elam
Jack Farness
Feed Rite Controls
Flaherty Equip
Glenwood Inglewood
Gerrys Plumbing
Eugene Hickok & Assoc
Henn Co. Chf Police PTAC
Herbs Typewriter
Hardrives, Inc
II II
Instrumentation Serv.
Bob Johnson
F.F.Jedlicki
Long Lake Tire Barn
Marina Auto Supply
Minnegasco
Mound Hdwe
Wm Mueller & Sons
Minn Comm
Mpls. Star & Trib
Metro Waste Control
Mound Fire Dept
Navarre Hdwe
N.S.P.
NW Bell
Planning & Develop Serv
Spring Park Car Wash
Sheriffs Dept Henn Co.
Nels Schernau
Robt Shanley
Summerhill Inv. Assoc
545.58
135.00
378.54
13.80
115.27
128.54
77O.45
334.00
275.00
15.79
275.00
179.50
26.14
36.89
85.OO
76.OO
175.O0
22.00
19,611.O6
109,764.92
75.43
875.04
63,656.17
18.5o
632.72
76.98
25.71
3,168.00
28.5O
112.00
42O.75
4,156.29
242.28
3,66O. 84
60.30
2,365. O0
92.50
58.OO
8.58
189.76
3,000.00
Thrifty Snyder Drug
Thurk Bros. Chev
Unitog Rental
Water Products
Total Bills
LIQUOR BILLS
Blackowiak
Real One Acquisition
Regal Window Cleaning
Johnson Paper
Bradley Extermin.
Kool Kube
A.J. Ogle
Butch's Bar Supply
Coca Cola
Day Dist.
East Side Bev.
Gold Medal Bev.
Jude Candy
City Club Dist
Midwest Wine
The Liquor House
Pepsi Cola/7 up
Pogreba Dist
Thorpe Dist
Tombstone Pizza
Total Liquor Bills
Grand Total--All Bills
8.05
3.68
219.00
429.16
216,546.72
32.00
675.OO
10.75
27O.57
19.0o
393.60
3,503.85
147.60
270.18
3,530.10
4,862.55
117.82
197.00
3,063.85
843.40
1,132.51
275.25
3,O93.31
3,356.55
29.00
25,823.89
242,370.61