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1982-03-09 40 March 9, 1982 REGULAR MEETING OF THE CITY COUNCIL 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 March 9, 1982, at 7:30 P.M. Those present were: Mayor Rock Lindlan, Councilmembers, Pinky Charon, Robert Polston, Gordon Swenson and Donald Ulrick. Also present were: City Manager Jon Elam, City Engineer John Cameron, Building Inspector Jan Bertrand, Finance Director Sharon Legg, Bob Shanley of the Public Works Dept., City Clerk Fran Clark and the following interested persons: Melinda Butler, John Ringstrom, Don Fahrman, Vern Marsh, Mr. & Mrs. David Bowers, Buzz Sycks, Joyce Day, Tom Watson and Jim Wold. The Mayor opened the meeting and welcomed the people in attendance. MINUTES The Minutes of the meeting of March 2, 1982, Regular Council Meeting were presented for consideration. Charon moved and Swenson seconded a motion to approve the minutes of the March 2, 1982, Council Meeting as submitted. The vote was unanimously in favor. Motion carried. STREET LIGHT REPORT Bob Shanley of the Public Works Dept. was present and showed a map to the Council with the location of all street lights in the City of Mound. This map showed the following lights: 346 - 175 watt Mercury Vapor 34 - 250 watt Mercury Vapor 8 - Fluorescents 72 - 250 watt High Pressure Sodium The rates for these lights are as follows: 175 watt Mercury Vapor $3.40 per month 250 watt H.P. Sodium Vapor 5.40 per month Fluorescent 10.50 per month The signal lights at Cty. 15 and 110 cost us $79.O0 per month. Christmas lighting costs $87.00 per month. The City Manager stated that these costs add up to $3,349.00 per month and that is 5% of the total city budget. Policy has been to get the corners lit first then long curved streets. This policy would continue to be followed. The Council felt this was an administrative matter and that the policy of receiving written request for street lights, then checking the location to see if they are necessary and upon Public Work's recommendation, the manager would okay the installation of a new light. PLANNING COMMISSION ITEMS A. SIDE YARD VARIANCE - TERRENCE P. WULF - LOT l, RGT. BLOCK 7 SHIRLEY HILLS UNIT B - 2600 RUBY LANE Ulrick moved and Polston seconded the following resolution. RESOLUTION #82-61 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION'S RECOMMENDATION THAT A PERMIT BE GRANTED TO ENCLOSE THE EXISTING PORCH IF THAT MEETS THE CODE (10 FOOT SIDE YARD REQUIRED TO ENCLOSE) 41 March 9, 1982 The vote was unanimously in favor. Motion carried. LOT SIZE VARIANCE - JOYCE DAY - LOT 21, BLOCK 7, ARDEN - 3070 ALEXANDER LANE The City Manager stated that the lot is around 5800 sq.ft.- a~d there is no land available around the lot to increase this square footage. This is clearly a hardship case. Ms. Day was present and presented her plans for a single family dwelling with garage to the Council. The Planning Commission recommended approval of this variance with the stipulation that all lot width, lot depth and side, rear and front yards meet zoing code requirements. Swenson moved and Polston seconded the following resolution. RESOLUTION #82-62 RESOLUTION TO CONCIIR WITH THE PLANNING COMMISSION RECOMMENDATION APPROVING THE LOT SIZE VARIANCE BECAUSE OF HARDSHIP AND WITH STIPULATIONS - LOT 21, BLOCK 7, ARDEN The vote was unanimously in favor. Motion carried. C. SIDE YARD VARIANCE - DAVID W. BOWERS, LOTS 27 $ S.16 FEET OF LOT l, BLOCK 26, WHIPPLE - 5200 SULGROVE The City Manager explained that this variance is requested to construct a 40 x 40 foot, 3 story, single family earth sheltered home; approximately 16 foot above grade (75% earth shelter) and detached garage. The variance request is to allow for maximum solar access to the south exposure. Mr. Bowers was present and presented his plan to the Council. The home would face Sulgrove and the garage access would be on Tuxedo. The Council was concerned about erosion by the wall on the property that the City put in. Mr. Bowers assured the Council that he would repair it if during construction of the home there was any problem. The Council also stated that a survey should be given to the Building Inspector prior to Building Permit issuance, giving the exact location of the garage. The City Manager explained that the Planning Commission has recommended approval of the dimension and design concept and granting the 10 foot side yard variance and that a survey be furnished. Polston moved and Charon seconded the following resolution. RESOLUTION #82-63 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO GRANT THE 10 FOOT SIDE YARD VARIANCE WITH A STIPULATION - LOTS 27 & S.16 FEET OF LOT 1, BLOCK 26, WHIPPLE The vote was unanimously in favor. Motion carried. Do VARIANCES NONCONFORMING USE - JON R. ALBINSON, LOT 5. SUBD. OF LOTS 1 & 32, SKARP & LINDQUIST"S RAVENSWOOD 2025 Arbor Lane 42 March 9, 1982 The City Manager explained that Mr. Albinson is requesting a 4 foot sideyard and an 8 foot front, yard variance. He wants to demolish his existing garage which is .8 feet from the side yard and 3-7 feet from the front property line and then construct an approximately 20 foot by 22 foot double garage The Planning Commission recommended granting a 12 foot street front variance for a 20 foot by 22 foot garage; maintaining a 4 foot side yard and 8 foot off street. Polston moved and Charon seconded the following resolution. RESOLUTION #82-64 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO GRANT A 12 FOOT STREET FRONT VARIANCE: MAINTAINING 4 FOOT SIDE YARD AND 8 FOOT OFF STREET - LOT 5, SUBD. OF LOTS 1 & 32 - SKARP & LINDQUIST"S RAVENSWOOD The vote was unanimously in favor. Motion carried. SUBDIVISION - LOT SPLIT - DONALD FAHRMAN, LOT 4, BLOCK l, RGT. OF OF BLOCK 1 & 2, SHIRLEY HILLS UNITS B - 2390 AVON DRIVE Polston moved and Charon seconded the following resolution. RESOLUTION #82-65 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE SUBDIVISION/LOT SPLIT AS REQUESTED WITH THE BUILDING INSPECTOR RECOMMENDATIONS The vote was unanimously in favor. Motion carried. F. SUBDIVISION - LOST LAKE ADDITION - BEACHSIDE DEVELOPERS The City Manager reported that an application has been received from Beachside Developers for a preliminary plat of a subdivision (Lost Lake Addition). A public hearing must be set for this preliminary plat. Polston moved and Charon seconded the following resolution. RESOLUTION #82-66 RESOLUTION'TO SET THE DATE FOR A PUBLIC HEARING ON THE PRELIMINARY PLAT FOR LOST LAKE ADDITION BY BEACHSIDE DEVELOPERS FOR APRIL 6, 1982, AT 7:30 P.M. The vote was unanimously in favor. Motion carried. The Council complimented Jan Bertrand, Building Official, on her handling of the Planning Commission items. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked for any comments or suggestions from citizens present. 43 March 9, 1982 Marsha Smith asked about the street light report given earlier. She was given a copy of the report from the packet. GAMBLING PERMIT - MOUND VOLUNTEER FIRE DEPARTMENT The Mound Volunteer Fire Department has asked for permission to have a game night on April 17, 1982 and for the City to waive the fee. Councilmember Polston asked if it would be legal to hold this game night in a public building. The Council directed the City Manager to check with the City Attorney on this. Ulrick moved and Pol~ston seconded the following resolution. RESOLUTION #82-67 RESOLUTION TO APPROVE THE GAMBLING PERMIT FOR THE MOUND VOLUNTEER FIRE DEPARTMENT AND WAIVE THE FEE CONTINGENT UPON OBTAINING THE CITY ATTORNEY'S LEGAL OPINION ON LEGALITY The vote was unanimously in favor. Motion carried. BINGO PERMIT - CHAMBERLAIN GOUDY POST #5113 Polston moved and Ulrick seconded the following resolution. RESOLUTION #82-68 RESOLUTION TO APPROVE A BINGO PERMIT FOR THE CHAMBERLAIN GOUDY POST #5113 AND WAIVE THE PERMIT FEE The vote was unanimously in favor. Motion carried. LESLIE ROAD - PARKING The City Manager reported that originally the Police Chief had asked that the Council change the parking from the South to the North side of Leslie Road. Since that time it has been learned that the signs are on the wrong side of the street and will be corrected to correspond with the Ordinance. The City Manager also reported that the Police Department is going to check over the parking ordinance and make sure that the signing is correct and corresponds to the signs that are on the streets. CSAH 125 - REPORT Since the last meeting Jim Wold of Hennepin County and John Cameron City Engineer have completely gone over CSAH 125 and on that basis the City Engineer submitted his report to the Council. Councilmember Ulrick asked the City Engineer if he saw any major problems 2 years down the line if the City were to take over CSAH 1257 Mr. Cameron replied that some areas of CSAH 125 have not been overlayed for 15 years and with the overlay the County is proposing the road should last 8 to 10 years with some City maintenance which could be done with state aid funds. Mr. Jim Wold assured the Council that the City would not have to take over the road until all the work on the road and the Black Lake Bridge was completed. The Council voiced concern about Mr. Johnson (who lives right over the bridge in Mound) and his water connection. The City Manager Fesponded · Spring Park and this that Mr Johnson is receiving water from Mound not 44 March 9, 1982 should not be a problem. The City Manager stated that he has the plans for the Black Lake Bridge construction in his office and the Council is welcome to come in and look at them. He then read the sample resolution that the County had prepared. Charon moved and Polston seconded the following resolution. RESOLUTION #82-69 RESOLUTION OF CONCURRENCE ADDING THE FOLLOWING TO THE LAST PARAGRAPH "AND OTHER WORK THAT IS NECESSARY AS AGREED UPON BY THE CITY ENGINEER AND COUNTY OFFICIALS'l The vote was unanimously in favor. Motion carried. UPDATE ON THE ARCADE - TOM WATSON - SPECIAL USE PERMIT The City Manager explained that since the last meeting and Resolution No. 82-58, Mr. Watson has met with the Building Inspector and is planning to move the Arcade to 5558 Auditor's Road. Mr. Watson asked that the Building Inspector go to this new location and itemize what would be required to operate the Arcade. The Building Inspector submitted the following report to Mr. Watson: 1. Landing at rear door. 2. Place 3 foot exit door more than 1/2 distance from rear entry. 3. Place ABC#2A size extinguisher and wall mount. 4. Remove one electric circuit and cap as pointed out during inspection. 5. Provide two (2) bathrooms - minimum code. 6. Redecorate 7. ConcYete block up rear dOor to garage or replace with one hour rated door, frame, threshold, self-closing device. The Council questioned whether a Special Use Permit could be transferred to another location. After checking with the City Attorney, the City Manager replied that it could not be transferred and therefore another public hearing would have to be held regarding a Conditional Use Permit for the new location. Councilmember Swenson felt that #6 of the Building Inspector's report was not a code violation and should not be a stipulation. Councilmember Ulrick was concerned about the steep driveway that is quite close to the proposed entrance to the Arcade. He also stated that he would also like to see a plan for the proposed Arcade. Ulrick moved and Polston seconded the following resolution. RESOLUTION #82-70 RESOLUTION TO SET THE DATE FOR A PUBLIC HEARING ON THE CONDITIONAL USE PERMIT FOR THE ARCADE TO BE LOCATED A 5558 AUDITOR'S ROAD FOR APRIL 6, 1982. The vote was unanimously in favor. Motion carried. Councilmember Swenson then suggested that maybe the Council could hold a special meeting on March 30, 1982, to hold the public hearing and therefore if the Conditional Use Permit passed Mr. Watson could open 1 week earlier. 45 March 9, 1982 Since March 30 was not a regular Council Meeting time Councilmembers Ulrick and Polston had scheduled other things for that night and could not ~attend. ELECTION EQUIPMENT The City Manager reported that the School District has asked if they might officially share the election equipment that the City owns, since they use it for their school board elections also. After figuring the costs of the election equipment, the. City Manager sent the School District a proposal that they pay $3210. for their half and then all repairs would be shared by both the City and the School District. The School District has sent the City a purchase order and accepted the proposal. The Council saw only one problem with sharing the equipment and that was if both the City and the School needed the equipment for the same day. Charon moved and Polston seconded the following resolution. RESOLUTION #82-71 RESOLUTION TO OFFICIALLY SHARE THE CITY ELECTION EQUIPMENT WITH THE SCHOOL DISTRICT FOR $3210. AND ONE HALF THE COST OF REPAIRS & MAINTENANCE WITH A STIPULATION The vote was unanimously in favor. Motion carried. RISK INSURANCE The City Manager reported that Mr. William E. Husbands (Risk Management Consultant) has presented a proposal to analyze the insurance policies of the City and recommend how to cut loses and eliminate risks. This would result in a savings of insurance costs to the City. The City's insurance agent, Mr. Earl Bailey, was all for this study. Mr. Husbands recently did a study for the City of Bloomington and saved them $81,000. The charges for this study would be between $500 and $800. Polston moved and Charon secOnded the following resolution. RESOLUTION #82-72 RESOLUTION TO AUTHORIZE WILLIAM E. HUSBANDS TO ANALYZE THE CITY'S PRESENT INSURANCE PROGRAM The vote was unanimously in favor. Motion carried. UNDERGROUND EXCAVATION ORDINANCE The City Manager explained that the City Attorney has developed an under- ground excavation ordinance for the Council to consider. This ordinance would require firms to tell the City before digging in the streets and public property, pay a fee, and provide safety precautions. The only section that the Staff felt would cause a problem (financial nightmare) was the section on cash deposits. The Council felt that section should be deleted. 46 March 9, 1982 Councilmember Ulrick moved and Swenson seconded the adoption of the following ordinance. ORDINANCE #427 AN ORDINANCE AMENDING CHAPTER 35 OF THE CITY CODE REGULATING THE OPENING AND EXCAVATING OF STREETS, ALLEYS, SIDEWALKS AND OTHER PUBLIC GROLJNDS. The vote was unanimously in favor. Motion carried. APPOINTMENTS TO THE PARK COMMISSION The City Manager submitted the names of two applicants to the Park Commission that the commission ts recommending for appointment. Polston moved and Ulrick seconded the following resolution. RESOLUTION #82-73 RESOLUTION APPOINTING DELORES MAAS AND GERALD LAURIE TO THE PARK COMMISSION The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS Ulrick moved and Swenson seconded a motion to approve the payment of bills, as presented on the pre-list, in the amount of $100,731.86, when funds are available. Roll call. vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS BUDGET UPDATE The City Manager reported that so far this year the staff has held expenses to 60% of what was spent last year at this time. Ulrick moved and Polston seconded the following resolution. RESOLUTION #82-74 RESOLUTION TO COMPLIMENT THE STAFF ON CUTTING COSTS The vote was unanimously in favor. Motion carried. Councilmember Swenson recommended that each of the Council donate 1 months Council pay to the fight against Continental Telephone's rate increase. The Council decided that was a matter of personal preference. ISLAND PARK WELL UPDATE The City Manager reported that the two test holes were drilled and according to the Engineer we have a good hole on top of the hill. He also reported that he has met with Neptune on the outside reader problem and they are willing to take back the readers and give us a new type that will not give us the problems the others have. The City Manager then gave the Council information on the following: A. Hennepin County Park Reserve District letter - regarding the Coon Rapids Dam. 47 March 9, 1982 B. The Suburban Rate Authority Study on the Metropolitan Waste Control Commission. C. Downtown Advisory Committee - Minutes of the February 25th Meeting D. West Hennepin Human Services - a new release. E. American Legion Post #398 - Gambling report for February F. Chamberlain Goudy VFW Post #5113 - Gambling report for February G. LMCD - Agenda for the February 24th Meeting and the Minutes of the January 27th Meeting. H. Zuckman Case - an update from the City Attorney on this matter. I. Priscilla Anderson Case - an update from the City Attorney on this matter. Swenson moved and Ulrick seconded a motion to adjourn at 10:15 P.M. The vote was unanimously in favor. Motion carried. City Clerk y Manager BILLS .... MARCH 9, 1982 Earl F. Andersen & Assoc 295.17 Diane Arnes0n 130,00 Affirm. Business Communic. 105.OO Holly Bostrom 257.50 Badger Meter 133.57 Burlington Northern 533.33 Bryan Rock Products 171.60 Chris Bollis 38.20 Business Furniture 328.58 F.H. Bathke 17.69 Gerald Babb 7.47 Janet Bertrand 40.27 Joan Clark 17.50 Curtis IOOO 129.63 Fran Clark 15.89 Robert Cheney 334.00 Commiss of Revenue 3,103.61 Christensen Constr. 2,705.54 Davies Water Equip 169.50 Dependable Services 33.00 Domtar Industries 1,574.56 Door Systems 144.00 Engine Parts Supply 49.32 Jon Elam 17.73 First Natl Bank-Mpls 236.00 Govt Training Serv 80.00 Eugene Hickok & Assoc 443.88 Henn Co. Chfs Police PTAC 215.O0 Instrumentation Serv. 116.O8 J.B. Distributing 39.84 Kustom Electronics 23.52 L.O.G.I.S. 3,446.25 The Laker 274.70 Sharon Legg 23.88 Doris Lepsch 45.00 Brad Landsman 13.80 MN Wastewater Oper. Assn 5.00 Mound Postmaster 600.00 MCFOA Bus Charter 40.00 City of Minnetrista 82.00 Marina Auto Supply 359.92 McCombs-Knutson 11,473.00 Minnegasco 849.00 Mound Fire Dept 3,898.45 Mound Locksmith 12.50 MN Wastewater Assoc 5.00 Metro Fone Communications 35.40 Wm Mueller 1,329.O5 Martins Navarre 66 96.25 Minn Comm 28.50 Navarre Hdwe 53.47 Northern Power Prod 15.26 No Centrl Sect AWWA 90.00 U of M Registrar Planning & Develop. Serv Pitney Bowes Credit Reo Raj Kennels Roto Rooter Shepherds Rental Rug Spring Park Car Wash Sharer-Watson Suburban Tire T & T Maintenance Thrifty Snyder Drug Thurk Bros. Chev. Title Ins. Tri State Drilling Tree Inspect. Workshop Village Chev. Waconia Ridgeview Hosp Water Prod. Co. Widmer Bros. Westonka Sanitation R.L. Youngdahl & Assoc State ~reas Betty wang TOTAL BILLS LIQUOR BILLS Holly Bostrom City of Mound Real One Acquisition Regal Window Clean Bradley Extermin. Information Publish. Twin City Pricing Wallin Heating A.J. Ogle, Inc. Coca Cola Day Distrib East Side Beverage Gold Medal Bev. Home Juice Co. City Club Distrib Midwest Wine Co. The Liquor House Pepsi Cola/7 Up Pogreba Distrib Thorpe Distrib Griggs Cooper Johnson Bros. Liq. MN Distillers Old Peoria Ed Phillips & Sons TOTAL LIQUOR BILLS 75.00 1,350.O0 26,00 255.00 51.O0 92.75 66.70 3OO.OO 194.60 47.45 13.17 13.55 930.00 680.34 15.O0 70.62 3O.OO 202.12 6,776.16 5O.OO 21,425.40 68,280.48 120.O0 25.20 819.41 21.50 19.OO 144.00 141.97 31.OO 1,855.87 128.40 3,117.50 2,844.20 50.75 21.72 2,574.OO 965 45 2,267 52 157 35 2,264 17 3,265 95 3,743 62 2,643 05 651 77 2,249.23 2,328.75 32,451.38