1982-08-03 159
August 3, 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 August 3, 1982, at 7:30 P.M.
Those present were: Mayor Rock Lindlan, Councilmembers Pinky Charon, Robert
Polston, Gordon Swenson. Councilmember Donald Ulrick was absent and excused.
Also present were: City Attorney Curt Pearson, City Manager Jon Elam, City
Clerk Fran Clark and the following interested persons: Ron Gehring, John
Wagman, Mr. & Mrs. Bob Hanson, Tim Heyman, Mr. & Mfrs. Ray Demont, Alleene
Butterfield, James Evenson, Jerry Kohls, Mr. & Mrs. Gary Erdman.
The Mayor opened the meeting and welcomed the people in attendance.
MINUTES
The Minutes of the July 27, 1982, Regular Meeting were presented for consideration.
Charon moved and Polston seconded a motion to approve the Minutes of the July 27,
1982, Regular Meeting as presented. The vote was unanimously in favor. Motion
carried.
PUBLIC HEARING - STREET VACATION - NORTH 10 FEET OF NORTH BEACHSIDE ROAD
The City Manager explained that this vacation is requested in order to make
Lot 19, Block 2, Shadywood Point, a conforming and buildable lot. It presently
has approximately 8600 square feet of area and the R-1 Zoning requires 10,O00
square feet of area. He reported that the Planning Commission had a problem
with this vacation because there is a natural drainage ditch within the 10
feet proposed to be vacated which the City has 3 catch basins draining into.
The Planning Commission, on a vote of 3 in favor, 2 against and 2 abstentions,
recommended vacation of the requested 10 feet of Beachside Lane based on the
deed stating that when a structure is built on the site, the builders will
assume all government costs incurred in constructing necessary gutters, sewers,
etc., needed to properly drain the area's storm water and that existing
structures be removed within six months.
The Mayor opened the Public Hearing. Ray Demont spoke against the proposed
vacation. Tim Heyman, representing the applicant for the vacation was
present. The Council discussed the possible drainage problem if this
10 feet were vacated and the' note from the Dock Inspector stating that approval
of this vacation would eliminate 1 of 3 dock sites. The Mayor closed the public
hearing.
Polston moved and Charon seconded the following resolution.
RESOLUTION #82-212 RESOLUTION TO DENY THE APPLICATION FOR STREET
VACATION - NORTH 10 FEET OF NORTH BEACHSIDE ROAD
FROM SHOREWOOD LANE TO WEST ARM BAY OF LAKE
MINNETONKA - ABUTTING LOT 19, BLOCK 2, SHADYWOOD
POINT-BECAUSE THE PROPERTY IS STILL NEEDED FOR
PUBLIC USE
The vote was 3 in favor with Mayor Lindlan voting nay. Motion carried.
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August 3, 1982
Swenson moved and Polston seconded a motion to refer this item back to the
the Planning Commission for their review of a variance to lot size with
no additional fee. A roll call vote was 3 in favor with Mayor Lindlan
voting nay. Motion carried.
Mr. Heyman stated that referring it back to the Planning Commission would
not be necessary because he has sold Lot 19, Block 2 Shadywood Point to
the abutting neighbor. '
PLANNING COMMISSION ITEMS
A, STREET FRONT VARIANCE - ALLEENE BUTTERFIELD - LOT 14 & PART OF LOT 15
BLOCK 21., WYCHWOOD ,
The City Manager explained that the Planning Commission has recommended
approval of the 14 foot street front variance request as submitted,
recognizing the relocation of Leslie Road away from her property.
Polston moved and Swenson seconded the following resolution.
RESOLUTION #82-213 RE~OLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION & APPROVE THE 14 FOOT STREET FRONT
VARIANCE - LOT 14 & PART OF LOT 15, BLOCK 21
WYCHWOOD '
The vote was unanimously in favor. Motion carried.
PRELIMINARY SUBDIVISION/LOT-SPLIT - JAMES A. EVENSON - LOT 15-22,
BLOCK 10, AVALON AND ALL OF VACATED MONTGOMERY ROAD
The City Manager explained that the Planning Commission has recommended
approval of this preliminary subdivision/lot-split with certain conditions.
Swenson moved and Charon seconded the following resolution.
RESOLUTION #82-214 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION & APPROVE THE PRELIMINARY SUBDIVISION/
LOT-SPLIT - LOT 15-22, BLOCK 10, AVALON AND ALL OF
VACATED MONTGOMERY ROAD
The vote was unanimously in favor. Motion carried.
SIGN PERMIT - HAROLD J. POND SPORTS CENTER - 2121 COMMERCE BLVD.
The City Manager explained that the Planning Commission has recommended
approval of this sign permit.
Polston moved and Swenson seconded the following resolution.
RESOLUTION #82-215 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE THE SIGN PERMIT APPLICATION
AS REQUESTED - HAROLD J. POND SPORTS CENTER - 212]
COMMERCE BLVD.
The vote was unanimously in favor. Motion carried.
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August 3, 1982
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked if the public had any comments or suggestions.
Ray Demont asked if the Council would approve a subdivision of property
less than 10,000 square feet?
The City Manager replied that it would depend on the zoning requirements
for the area in question.
CONTINUATION FROM JUNE 22, 1982 - WETLANDS ORDINANCE
The City Manager explained that the Wetlands Committee has approved the
revised Wetlands Ordinance with one minor change in the definition of
Wetlands. The definition they have used is the one from the Hennepin County
Water and Soil Conservation District.
The Mayor opened the public hearing. There were no comments. Closed hearing.
Polston moved and Swenson seconded the following:
ORDINANCE #429
AN ORDINANCE ESTABLISHING WETLAND AREAS AND REGULATIONS
AND PROVISIONS FOR FEES
Roll call vote was unanimously in favor. Motion carried.
CHANGE ORDER TO HARD SURFACE THE PARKING LOT BY MOUND BAY PARK
The City Manager explained that it is economically feasible to hard surface
the parking lot at Mound Bay Park when the City does this years overlay project.
The cost would be $4,691.00 and the Lawcon Grant will pay for this. He will
check with the Engineer to see if any changes in the parking plan will be
necessary for the lots effective use.
Polston moved and Charon seconded the following resolution.
RESOLUTION #82-216 RESOLUTION APPROVING CHANGE ORDER #1 - 1982 STREET OVERLAY PROJECT - FILE #6468
The vote was unanimously in favor. Motion carried.
PARKING CHANGE ON EDGEWATER DRIVE
The City Manager reported that there has been a complaint about the blockage
of mailboxes on Edgewater Drive. A memo from the Police Chief stated that
the ordinance calls for no parking on both sides of the roadway but currently
the streets is signed to permit parking on the east side. The Post Office
has asked in the past that the side of the street with the mailboxes be
posted no parking. The recommendation was to amend the Ordinance to read:
"No parking on the West side of Edgewater Drive from Fairview Lane to Northern
Road". The Council was concerned about the reaction of residents on
Edgewater so they asked the City Manager to send out a letter informing
them of the change in the ordinance.
Councilmember Swenson moved and Charon seconded:
ORDINANCE #438 AN ORDINANCE AMENDING SECTION 46.29, SUB. (b) (1)
TO READ "NO PARKING ANYTIME ON THE WEST SIDE OF
EDGEWATER DRIVE FROM FAIRVIEW LANE TO NORTHERN ROAD
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August 3, 1982
The vote was unanimously in favor. Motion carried.
APPLICATION FOR SET-UP & 3.2 BEER LICENSE - SURFSIDE
The City Manager explained that Mr. Essig, owner of the Surfside, has
applied for a Set-Up License and a 3.2 Beer License. The City Attorney
has researched the qualifications for applying for both and the City
has informed Mr. Essig that he may not apply for a Set-Up License until
his delinquent property taxes are paid and in order for the City to
issue a 3.2 Beer License, a public hearing will have to be held. Mr. Essig
has asked that the Council set a date for the public hearing. In order
to legally publish the notice and notify the persons affected, August 24,
1982, is the soonest possible date for a public hearing.
Charon moved and Swenson seconded a motion to set the date for the Public
Hearing on the issuance of a 3.2 Beer License to the Surfside for August
24, 1982, at 7:30 P.M. The vote was unanimously in favor. Motion carried.
REQUEST FOR REMOVAL OF ASSESSMENT UNIT CHARGE - GARY ERDMAN -2606 WESTEDGE BLVD.
Mr. & Mrs. Erdman were present and stated that they felt one unit charge
should be eliminated because they own both lots and they abut each other
and they have applied to have the lots combined as one parcel. The Council
explained that when the assessment letter was sent out in September, 1981,
it stated that non-conforming, undersized lots could be combined but that
the Erdman lots are both conforming lots to begin with therefore are not
eligible for combination to eliminate a unit charge. No action was taken.
NATIONAL LEAGUE OF CITIES CONFERENCE - DECEMBER 1982
The City Manager explained that this is the best conference there is and that
if the Budget allows, he would like to attend. It will be in Los Angeles
on November 27, 1982, thru December 1, 1982.
Swenson moved and Charon seconded a motion to sent the City Manager to the
National League of Cities Conference in Los Angeles, California.
I NFORMATION/M ISCELLANEOUS
A. Mental Health Conference to be held on August 10, 1982, in the Board Room
- 24th Floor, Hennepin County Government Center, Minneapolis, MN.
B. Hutchinson Area Chamber of Commerce (Burlington Northern Task Force)
Meeting Notes from July 21, 1982.
C. Agreement with Bill Husbands - the letter sighting the services he will
provide for the City of Mound until August, 1983.
D. Notice of the Metropolitan Waste Control Commission Conference to be
helf Setpember 24, 1982, at the Hopkins House.
REFUND FOR WOODCHIPPING
Charon moved and Swenson seconded a motion to approve a $30.00 refund for
woodchipping to Rita Peterson, 2348 Fairview Lane, Mound, MN. The vote was
unanimously in favor. Motion carried.
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August 3, 1982
SUBDIVISION ORDINANCE MEETING WITH PLANNING COMMISSION - AUGUST 9, 1982
The Planning Commission has invited the Council to their meeting on August
9, 1982, which will deal with the subdivision ordinance.
REINSTALLATION OF SOFTBALL FIELD AT BROOKTON PARK
The City Manager reported that the Park Director has obtained 2 quotes to
reinstall the softball field in Brookton Park that was disrupted during the
street projects. The quotes were:
Tennis West, Inc.
6105 Baker Road
Minnetonka, MN. 55343 $3,300.00
Illies and Sons
Mound, MN.
$2,800.O0
The Park Director is recommending the quote of Illies and Sons.
Polston moved and Charon seconded a motion to approve the quote of Illies& Sons
in the amount of $2,800.00 for the excavation and installation of a softball
field in Brookton Park. The vote was unanimously in favor. Motion carried.
RESOLUTION REASSESSING THE SPECIAL ASSESSMENT OF PRISCILLA ANDERSON
The City Attorney explained that this is the formal resolution to the County
reassessing the special assessment of Priscilla Anderson, which was part of
the agreement already approved by the Council.
Charon moved and Swenson seconded the following resolution.
RESOLUTION #82-217 RESOLUTION REASSESSING SPECIAL ASSESSMENTS ON
LOTS 17 THROUGH 21, BLOCK 1, HIGHLANDS, AND
PART OF LOT 59, AUDITOR'S SUBDIVISION NO. 168
The vote was unanimously in favor. Motion carried.
EXECUTIVE SESSION
The City Attorney suggested that the Council go into Executive Session to
disucss the Krause Case which goes to court next Monday, August 9, 1982.
Swenson moved and Charon seconded a motion to go into Executive Session at
9:10 P.M. The vote was unanimously in favor. Motion carried.
The Council came out of Executive Session at 9:20 P.M.
KRAUSE CASE
Charon moved and Swenson seconded the following resolution.
RESOLUTION #82-218 RESOLUTION AUTHORIZING THE CITY ATTORNEY TO STIPULATE
TO A REASSESSMENT ON THE KRAUSE PROPERTY TO RESOLVE
A SPECIAL ASSESSMENT APPEAL
The vote was unanimously in favor. Motion carried.
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August 3, 1982
Charon moved and Swenson seconded a motion to adjourn at
vote was unanimously in favor. Motion carried.
Fran Clark, City Clerk
/~-Elam, City Manager
9:30 P.M.
The