1982-03-235O
March 23, 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 23, 1982 at 7:30 P.M.
Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert Pol-
ston and Gordon Swenson. Councilmember Donald Ulrick was absent and excused.
Also present were: City Manager Jon Elam, Assistant City Attorney Jim Larson,
Police Chief Bruce Wold, Finance Director Sharon Legg, City Building Inspector
Jan Bertrand, City Planner Rob Chelseth, Acting City Clerk Marjorie Stutsman and
the following interested persons: Mayor Jan Olson of Minnetrista; Wetlands Com-
mittee Phyllis Jessen- Chair, Margaret Hanson, Gary Paulsen and Roy O'Donnell;
Steve Codden, Robert B. Hanson, Russ Falness, Harvey Berquist, John Wagman, Mark
W. Kelly on behalf of Priscilla Anderson, David Felland, Elmer J. Cartier, Michael
Banicki, Paul A. Skjervole, Richard Lee, ~ Wold, Chairman Paul Pond of the DAC,
Dorothy Netka and Bill Netka.
Commissioner Joe Alexander of the DNR, Gary Botzek from the Governor's ~ffice and
Minnesota Senator George Pillsbury arrived later in the meeting.
The Mayor opened the meeting and welcomed ~ Olson, Mayor of Mlnnetrista, and all
the people in attendance.
MINUTES
The'minutes of the meeting of March 9, 1982 Regular Council Meeting were presented
for consideration. Swenson moved and Charon seconded a motion to approved the min-
utes of the March 9, 1982 Council Meeting as submitted. The vote was unanimously
in favor. Motion carried.
WETLANDS ORDINANCE
The Mayor reported that the proposed ordinance was what had been worked on and sub-
mitted by the ad hoc committee of Chair Phyllis Jessen, Margaret Hanson, Gary Paul-
sen and Roy O'Donnell. The City Manager outlined what he perceived the ordinance
is trying to do; basically performance zoning; anyone can do anything with the wet-
lands they own as long as they meet certain required standards. All wetlands under
2½ acres have been excluded from the provisions of this ordinance; also type 1 and
2 wetlands are not included; confining the ordinance to those areas that are con-
tinually wet. The wetlands permits will work similarly to a conditional use permit
and go through the Planning Commission and the Council. Specific performance stan-
dards cover 1) filling, 2) dredging, 3) sewer discharge, 4) building requirements
and 5) vegetation.
The Mayor opened the public hearing. The Wetlands Committee reviewed the background
of how the work was started and how the map was developed with the very good help
from Joel Settles of the Hennepin Soil and Water Conservation District. The follow-
ing persons had questions or comments: David Felland, Roy O'Donnell, Paul Skjervole
of Bermel Smaby, Bob Hanson and Joan Wold. The Mayor then closed the public hearing.
Polston moved and Charon seconded a motion to adopt the ordinance herein quoted by
title:
ORDINANCE # 429
AN ORDINANCE ADOPTING THE WETLANDS OVERLAY DISTRICT AND
OFFICIAL WETLANDS MAP AS SECTION 23.650 OF THE CITY OF
MOUND ZONING CODE
5t
March 23, 1982
Roll call vote was four in favor. Motion carried.
Councilmember Polston complimented the Wetland Committee on their work. The Mayor
advised that anyone still concerned or with a question should come in the City Office
and see the City Manager or City Inspector.
PUBLIC HEARING ON DELINQUENT UTILITY BILLS
Mayor Lindlan opened the public hearing and asked for any comments or objections
from the public on the delinquent utility bills. Hearing none, the Mayor closed
the public hearing.
Charon moved and Swenson seconded the following resolution.
RESOLUTION 82-75
RESOLUTION APPROVING THE DELINQUENT UTILITY BILLS IN THE
AMOUNT OF $2,952.53 AND AUTHORIZING THE SHUTOFF OF WATER
SERVICE FOR THOSE ACCOUNTS.
The vote was unanimously in favor. Motion carried.
DOWNTOWN ADVISORY COMMITTEE REPORT
Paul Pond, Chairman of the DAC, reviewed the progress of the DAC and requested the
Council for authorization of funds in the amount of $10,245 to be spent proceeding
with the RFP to solicit architects.to establish a theme Mr Downtown and to pursue
objectives as outlined in the Action Plans for Revitalization of Downtown Mound.
The City Manager explained that the Committee is trying to develop some financial
guidelines for the future. The Committee would go ahead with the objectives,
develop themeand send out proposal to get bids for architect to develop theme;
then committee would make a recommendation on the architect and the Council would
enter into a contract.
Mayor Lindlan thought three primary objectives were: l) Encourage new business,
2) Develop landscaping and streetscaping especially along County Road 110 and 3)
Store front renovation with theme. List now up to 5 groups of objectives. Items
2 and 3 need professional help. It was discussed that the request is for up to
$4,000 to send out RFP and get architect to develop store front theme and street
scaping; the remainder would be for matching loans to carry out the theme; City
Planner stated there are also CDBG funds available.
Polston moved and Swenson seconded the following resolution.
RESOLUTION 82-76
A RESOLUTION TO APPROVE THE REQUEST AND ACCEPT THE PLAN
EARMARKING $10,245 FOR THE FIVE GROUPS OUTLINED IN THE
ACTION PLAN FOR REVITALIZATION OF DOWNTOWN MOUND
The vote was unanimously in favor. Motion carried.
LAKE ACCESS ON LAKE MINNETONKA - DNR
Mayor Lindlan welcomed Joel Alexander, Commissioner of the DNR, and Gary Botzek,
Special Assistant to the Governor, and Senator Pillsbury. The Mayor stated that
Governor Quie had called him this morning regarding having this item on the agenda.
Commissioner Alexander explained that Minnesota Statutes spell out the responsi-
bilities of his department to acquire public accesses to bodies of water in the
State. As the State does not have a public access on Lake Minnetonka, acquiring
52
March 23, 1982
such an access is a top priority on their list. In the last few months, they have
made an extensive search for an access site. They have an option on site in Minne-
trista, but there are drawbacks. They wish to enter into a cooperative agreement,
buying or leasing, grant and aid (not necessary to own the land) for an access site
on this side of the lake with a local government unit. Mound's site seems to be
the only new ground.
City Manager asked the minimum space requirements. Reply was that parking space is
critical and screening parking from adjoining land owners; Minnetrista site had a
maximum for 50 cars and trailers. Some of the criteria for selecting a particular
site are: 1) Depth of water, 2) Availability of controls, 3) Adequate parking, 4)
Impact on environment where access is put in, 5) Amount of time required to launch
a boat---try to balance all impacts on lakeshore and use of lake conflicts.
Mayor Lindlan explained that a marina has been one concept, with a segment designated
for boat access and the parking that would go along with it, of going through the
Downtown Revitalization process. So far, no planning has been done on a marina.
The Commissioner stated that a marina was not inconsistent with their plan.
Councilmember Polston questioned if this were designated a protected wetlands area?
Councilmember Swenson asked about ownership of area involved.
DNR wants to get into a cooperative agreement. They could drop the Halstead site
option if they are getting into a meaningful way to solve getting access to the
Lake. The Commissioner not in favor of condemnation for recreational purposes;
prefer to enter into purchase agreement with a willing seller. He is here to talk
about options and solicit the City's input.
Polston moved and Swenson seconded the following resolution.
RESOLUTION 82-77
RESOLUTION DIRECTING THE CITY STAFF TO WORK WITH THE DNR
ON EXPLORING THE POSSIBILITY OF INVENTORYING OF A PUBLIC
ACCESS SITE ON LOST LAKE
Roll call vote was unanimously in favor. Motion carried.
Several residents of Mound, John Wagman, Margaret Hanson and Gary Paulsen spoke
against having the proposed public access site on Lost Lake and expressed concern
about the impact on wetlands; that there are alternatives area such as Mound Bay
Park.
Phyllis Jessen asked Staff and DNR to consider it very hard before taking away wet-
lands.
REPEAL OF SECTION 55.50
City Manager said this was self explanatory and street excavation sections repealed as
we have passed the new Underground Ordinance.
Charon moved and Polston seconded a motion to adopt the ordinance herein quoted by
title.
ORDINANCE # 430
AN ORDINANCE REPEALING SECTION 55.50 OF CHAPTER 55 OF
THE CITY CODE - RELATING TO THE EXCA'VATION OF STREETS
The vote was unanimously in favor. Motion carried.
53
March 23, 1982
SPRING CLEAN-UP REPORT
Mayor Lindlan reported that they are bringing together all communities in the
West Minnetonka area for the Spring clean-up. This year, besides the individual
clean up of,individual yards, are expanding to include a citizen working committee
that would clean up the downtown area, parks and roadsides. We have two vice-
chairman and are looking for a chairman for the project. The tentative date has
been set for April 24th.
COUNTY ROAD 15 STATUS
Mayor Lindlan reported County Road 15 is undersized and is one of the County's
highest priorties. The amount of cars on road has been increasing at abnormal
rates--even a 4 lane highway might not be adequate. County has to adhere to cer-
tain prescribed standards (have 4 lane highway) to get State Aid funding. Mound
and Spring Park have encourage 4 lane highway for Mound/Navarre portion and create
safer walking paths and outside lanes. Road has failed, is worn out with no storm
sewer capabilities. Orono has resisted change and does not want a 4 lane road for
their portion of road east of Navarre; want to hold down traffic.
Councilmember asked to have Attorney check how can State condemn land for a lake
access, but not for County highway?
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
Mayor Lindlan asked for any comments and suggestions from citizens present.
Gary Paulsen questioned if the City were going to change election district bounda-
ries? City Manager responded, "No, all of the Council is elected at large."
BUILDING SAFETY WEEK
Building Inspector Jan Bertrand explained that building safety is achieved through
proper use of building codes with minimum standards set forth in the State Building
Code and asked the City Council to support "Building Safety Week" Films on safety
are available if any groups are interested.
Swenson moved and Polston seconded the following resolution.
RESOLUTION 82-78
ADOPTION OF RESOLUTION 82-78 PROCLAIMING APRIL 12
THROUGH APRIL 16 "BUILDING SAFETY WEEK"
The vote was unanimously in favor. Motion carried.
REQUEST TO PURCHASE CITY LAND
City Manager explained that we have a request to purchase 5 feet of Lot l, Block 3R,
Wychwood, so that a proposed addition to a home would meet setbacks and the fact
that we could sell the whole lot retaining right-of-way. Both lots are undersized.
Street assessments may be factor in petitioner not wanting whole lot. Councilmember
Polston questioned if lot should have been assessed as undersized and could some-
thing be worked out.
Swenson moved and Charon seconded the following resolution.
RESOLUTION 82-79
RESOLUTION DIRECTING THE CITY MANAGER TO NEGOTIATE SALE
OF THE WHOLE LOT LESS RIGHT-OF-WAY, LOT 1, BLOCK 38,
WYCHWOOD
The vote was unanimously in favor.
Motion carried.
54
March 23, 1982
PURCHASE AGREEMENT ON COUNTY ROAD llO BUILDING
City Manager explained that terms have been worked out on a purchase agreement
for the parcel of land off of County Road IlO for a new maintenance building.
Terms include a trade off in land of the 3 acre site along Westedge Boulevard.
City Engineer stated only feasible route is to connect sewer and watermains in
Minnetrista and their utility department seemed receptive.
Swenson moved and Charon seconded the following resolution.
RESOLUTION 82-80
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO
SIGN PURCHASE AGREEMENT ON 5~ ACRE SITE ON COMMERCE
BOULEVARD ON THE N.E. CORNER OF THE CITY OF MOUND
The vote was unanimously in favor. Motion carried.
STATUS OF CONTINENTAL PHONE INTERVENTION
Jim Larson updated the Council on the status of the telephone case; had a pre-
hearing conference; case schedule is set; Company witnesses will sit for cross
examination on April 19; City testimony is to be filed on May 21st; will be
meeting with consultant and should know more next week.
City Manager reported that funds are coming in steady; suggested sending out a
newsletter updating contributors and fund raisers. Fund raising dinner is sched-
uled at St. John's Church on April 18th. The President of Continental Phone is
attending the Maple Plain Council meeting of April 13th.
Swenson moved and Charon seconded a motion to change the 2nd Tuesday regular
Council meeting (April 13th) to the 3rd Tuesday (April 20th) to allow attend-
ance at the Maple Plain meeting. The vote was unanimously in favor.
HENNEPIN COUNTY DISPATCH POLICY UPDATE
Police Chief Bruce Wold reported on the two memorandums in the packet. First
basically gives outline of resolution contained in packet and voted on March 16.
Minneapolis voted with the outer suburbs--split came because of Item 3. Hardware
and softwear costs would be paid for by County; costs are tremendous. Basically
came up with providing emergency service to suburbs at no cost; but don't have
definition of emergency communications. After talking with Phil Eckert, feel
that 75-90% of all calls would be emergency service. Rest of calls could be
handled through pager service which would probably cost $1OO per month. This is
significant decrease in costs for Mound.
SHOREWOOD LANE PARKING PLAN
Police Chief reviewed the parking situation on Shorewood Lane and recommended
changing the ordinance and making some changes in the signing.
Swenson moved and Charon seconded a motion to adopt the following ordinance.
ORDINANCE # 431
AN ORDINANCE AMENDING SECTION 46.29 SUBSECTION 61(c)
SUBDIVISION 9 BY ADDING, "NO PARKING ANYTIME" ON THE
EAST SIDE OF SHOREWOOD LANE FROM LAKESIDE LANE TO
QUAIL ROAD.
The vote was unanimously in favor. Motion carried.
55
March 23, 1982
CIGARETTE LICENSE RENEWALS
Swenson moved and Polston seconded the following resolution.
RESOLUTION 82-81 RESOLUTION TO APPROVE CIGARETTE LICENSES FOR MOUND
LANES AND RAGER'S PIT STOP PUB AS SUBMITTED.
The vote was three in favor with Councilmember Charon voting no. Motion carried.
GAMBLING PERMIT - N.W. TONKA LIONS
Swenson moved and Polston seconded the following resolution.
RESOLUTION 82-82 RESOLUTION TO APPROVE THE GAMBLING PERMIT FOR THE
N.W. TONKA LIONS AS SUBMITTED FOR THE YEAR ENDING
JANUARY 31, 1983
The vote was unanimously in favor. Motion carried.
PAYMENT OF BILLS
Charon moved and Swenson seconded a motion to approve the payment of bills as
presented on the prelist in the amount of $96,790.09 when funds are available.
Roll call vote was unanimously in favor. Motion carried.
REVENUE SHARING PUBLIC HEARING
Swenson moved and Charon seconded the following resolution.
RESOLUTION 82-83 RESOLUTION SETTING THE DATE FOR THE PUBLIC HEARING ON
THE ALLOCATION OF THE 1982 REVENUE SHARING FUNDS FOR
APRIL 20, 19~2
The vote was unanimously in favor. Motion carried.
The following items were discussed:
The City Manager and Police Chief will be attending Basic Emergency Management
Workshop in Grand Rapids, April 21-23.
1981 Liquor Store's Financial Report - Net income is greater than anticipated and
the overhead has really been cut.
Mayor Lindlan reported that at the Minnehaha Creek Watershed Meeting they deferred
action on the new policy for control of the Lake level for further study.
Resolution 81-350 authorizing the sale of land to Koosman.
Adjournment
Polston moved and Swenson seconded a motion to adjourn at 11:OO P.M. The vote
was unanimously in favor. Motion carried.
Acting ~ity Clerk
yy Manager
BILLS .... MARCH 23, 1982
Air Comm
Auto Con Industries
F.H. Bathke
Gayle Burns
Holly Bostrom
Blackowiak & Sons
Burlington Northern
Bowman/Barnes
Chapin Publishing
Bill Clark Standard
Coast to Coast
Continental Telephone
Dunkley & Bennett
Director Property Taxation
Empire Crown Auto
Jon Elam
Govt Training Serv,
G 1 enwood Ing 1 ewood
Genuine Parts
Gopher Oil Co.
Henn Co, Treas.
Henn Co. Atty Office
David Hofschult
Henn Co. Chf Police PTAC
Herbs Typewriter Serv
Illies & Sons
JABCO Home Remodeling (HUD)
Lake Mtka Conserv. Dist
Loegerings Comfort Sales(HUD)
McCarthy Wel 1 Co.
City of Minnetrista
Metro Waste Control Commiss
MN Recreation & Park
Minnegasco
Minn Mining & Mfg
MN Safety Equip
Mc Comb s- Knu t son
MacQueen Equip
Metro Waste Control
MacQueen Equip
Hound Police Dept,
II II II
Nat'l Fire Protection Assn
Northland Elec Supply
N.W. Bell Tele
Nat'l Roof Contr. Assn
N.S.P.
Oswald Fire Hose
Charles C. Pearson
Pitney Bowes Credit
90.00
157,09
6.90
17.49
221.67
94.00
533.33
121 75
128 25
4,4O4 11
74 58
96O 91
387 50
212 42
17 49
113.62
85.OO
42.75
3.OO
207.31
2,166.25
3O.OO
35.00
15O.OO
123.70
510.75
1,545.50
1,998.50
1,317.65
8O.OO
5O.OO
19,277.27
85.OO
1,430.55
311.35
4O.OO
5,186.O0
141.59
841.00
27,136.OO
43.63
23.56
84.75
139.57
60.30
68.OO
9,013.38
41o.34
16.72
26.00
Popham Haik Kaufman
Paper Calmenson
Barry Palm
Rainbow Inn
Reo Raj Kennels
Ted Stallman
Smoke-Eater
Title Ins.
Uniforms Unlimited
Unitog Rental
Village Printers
Winner Industries
Waconia Ridgeview
R.L. Youngdahl
Xerox, Inc.
Ziegler, Inc.
Wilcox Paper Co.
300.00
124,95
650.OO
34.65
180.OO
65O.OO
162.OO
94 O0
245 02
252 30
136 15
1 65
48 10
87 OO
589 58
285.72
208.74
Griggs, Cooper 3,044.55
Johnson Bros. Liquor 5,298.64
MN Distillers 846.76
Old Peoria 986.40
Ed Phillips & Sons 2,342.35
TOTAL BILLS 96,790.09