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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