1982-12-14252
December 14, 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 5341 Maywood Road
in said City on December 14, 1982, at 7:30 P.M.
Those present were: Mayor .Rock Lindlan, Councilmembers Pinky Charon and
Gordon Swenson. Councilmember Donald Ulrick was absent and excused. Council-
member Bob Polston arrived late. Also present were City Attorney Curt Pearson,
City Clerk Fran Clark. City Manager Jon Elam arrived at 8:30 P.M. The
following interested .citizens were present:. Mr. & Mrs.. John Wagman, Gary
Paulsen, Russ Peterson, Ron Gehring, David Anderson, Stan Drahos, Mark
Kuhbander, David Anderson.
The Mayor opened the meeting and welcomed the people in attendance. He then
announced that it was Councilmember Swenson's birthday. Councilmember Swenson
stated it was his 39th and holding. The Council and the public then sang
Happy Birthday.
MINUTES
The Minutes of-the December 7, 1982, Regular Meeting were presented for
consideration. Swenson moved and Charon seconded a motion to approve the
Minutes of the December 7, 1982, Regular Meeting as submitted. The vote
was unanimously in favor. Motion carried.
PLANNING COMMISSION ITEMS
A. FRONT YARD SETBACK VARLANCE - DAVID ANDERSON - 5066 WINDSOR ROAD -
LOTS 1 15, 16 & 17, BLOCK 15, WHIPPLE - PID #25-117-24 12 Oll
The Mayor. explained that the applicant is asking to renovate an
existing structure which is 16 feet at it's closest point to platted
but unimproved streets and add an addition that will meet all the
setbacks.
The City Attorney asked the applicant, David Anderson, how he intended
to gain access to this property because Windsor and Cobden are platted
but unimproved streets. Mr. Anderson stated that he will obtain a
temporary easement from Mr. Voorhees to use the driveway until he
does a replatting of the area. The City Attorney advised that the
Minutes should reflect that the prospective purchaser Mr. Anderson
was present and. that he is aware that Windsor and Cobden are paper
streets (not public streets) and that he is proceeding at his own
risk because the Council will not be responsible for improving these
streets. The Co-until took this position because the topography of
the area would make the improvement of these streets prohibitive
because of the cost.
Swenson moved and Charon seconded the following resolution.
RESOLUTION #82-311 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE A FRONT YARD 4 FOOT
VARIANCE AS REQUESTED FOR LOTS 14, 15, 16 ~ 17,
BLOCK 15, WHIPPLE (5066 WINDSOR ROAD) - THE
CITY NOT GUARANTYING ACCESS TO THE PROPERTY
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December 14, 1982
The vote was unanimously in favor. Motion carried..
B. FINAL SUBDIVISION - RON GEHRING - 2132 BASSWOOD LANE - LOT 10,
BLOCK 2, ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK - PID #13-117-24 32 0010
The Mayor explained that the applicant is requesting division of this site
to create two single family sites .with 7,425 square feet each. The
Planning Commission has .recommended approval.
Swenson moved and Charon seconded the following resolution.
RESOLUTION #82-312 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION AND APPROVE .THE FINAL SUBDIVISION
~^D LOT g & NLY. 32 FT. OF LOT 10, BLOCK 2,
ABRAHAM LINCOLN ADDITION TO LA KESIDE PARK
(PID #13-117-24 32 onto)
The vote was unanimously in favor. Motion carried.
C. PRELIMINARY SUBDIVISION - RON GEHRING - MONTGOMERY DRIUE AT TUXEDO
BLVD. - LOTS 1- & 11-15, BLOCK 9, AVALON - PID #19-117-23 31 0022
The Mayor explained that this request is to create parcels for
construction sites of double bungalows and/or single family zero
lot line twin townhomes in the R-3 zoning district with the lot area
to include the green area behind the bituminous sidewalk. The
original request has been revised for this preliminary subdivision
to include only Parcels "A", "B", ''G" & "F" at this time. Parcel
"E" does. not front on a dedicated public right-of-way and the
applicant decided to request the divisions of Parcel "E", "C" & "D"
at a later date.
Charon moved and Swenson seconded the following resolution.
RESOLUTION #82-313 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE A PRELIMINARY SUBDIVISION
OF PARCELS "A", "B'', "G" AND "F", BLOCK 9, AVALON
INCLUDING 1/2 OF ADJACENT VACATED GLAMORGAN ROAD
(PID #19-117-23 31 0022)
The vote was unanimously in favor. Motion carried.
JULIAN HOOK - ATTORNEY FOR OUR LADY OF THE LAKE CATHOLIC CHURCH
The Mayor stated that this item will be deferred until later in the meeting
when other members of the Council arrive.
PROPOSED ORDINANCE COVERING SUBDIVISION OF DUPLEXES
The City Attorney has submitted an outline for an ordinance covering the
subdivision of duplexes. The Building Inspector has gone over this outline
with the Planning Commission and they are in favor of it. This ordinance
will deal with problems to the City relating to inability of the neighbors.
to get along; problems with sewer, water, fire walls, etc.; and what happens
if the property is destroyed leaving two under-sized properties and separate
ownerships.
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December l4, 1982
Charon moved and Swenson seconded a motion to direct the City Attorney to
put the proposed format into ordinance form to incorporate in the Zoning
Ordinance and set the date for a public hearing on the proposed ordinance
for January 4, 1983 at 7:30 P.M. The vote was unanimously in favor.
Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked if there were any comments or suggestions from the citizens
present.
Mark Kuhbander - Asked if the water rate increase affected the entire
utility bill or just the water. He was-told just the
water portion of the bill would be increased.
Stan Drahos - Asked if the agenda was published in the Laker. He was
told no but that anyone who wished could pick one up
off the bulletin board in City Hall on Friday afternoons.
Councilmember Polston arrived at 8:30 P.M.
GAMBLING PERMIT - NORHTWEST TONKA LIONS
Swenson moved and Polston seconded the following resolution.
RESOLUTION #82-314 RESOLUTION AUTHORIZING THE ISSUANCE OF A GAMBLING
PERMIT TO THE NORTHWEST TONKA LLONS - PERMIT TO
EXPIRE JANUARY 31, 1984
The vote was unanimously in favor. Motion carried.
PRESSURE WASHER PURCHASE
Dick Schnabel, mechanic for the City, was present and explained to the
Council that he feels this. purchase is necessary in order to preserve
the bodys of the equipment we have from rust. He has gotten 3 quotes
and compared the 3 units. The one he feels will do the best job and
give the City easy access to parts that may wear is the PKG-40-24 with
a 10 H.P. gasoline engine and a separate oil fired portable burner for
hot water. This unit will cost $3,658.50 and was budgeted in 1983
in the Capital Outlay Fund. It will not be purchased until January, 1983.
Polston moved and Charon seconded the following resolution.
RESOLUTION #82-315 RESOLUTION APPROVING THE PURCHASE OF THE
PKG-40-24 PRESSURE ~JASHER FROM 'SPECIAL EQUIPMENT
CO. IN THE AMOUNT OF $3,658.50
The vote was unanimously in favor. Motion carried.
TAX FORFEIT PROPERTY
The City Manager explained that this is all property that has come before
the Council before for one reason or another. It is property that adjoining
property owners have expressed and interest in purchasing and most of it is
255
December 14, 1982
unbuildable if left the way it is. This will be the first time we will
be using the new tax forfeit law that the City Attorney-helped develop
to insure that property like this is sold only to adjoining property
owners.
Polston moved and Charon seconded the following resolution.
RESOLUTION #82-316 RESOLUTION RECONVEYING CERTAIN TAX FORFEIT LANDS.
BACK TO THE STATE AND REQUESTING THE COUNTY BOARD
TO IMPOSE CONDITIONS ON THE SALE OF SAID TAX FORFEIT
LANDS AND TO RESTRICT THE SALE TO OWNERS OF
ADJOINING LANDS
The vote was unanimously in favor. Motion carried.
PAYMENT OF BILLS
Swenson moved and Charon seconded a motion to pay the bills in the amount of
presented on the pre-list of $78,766.05, which includes $11,101.41 to
Perkins Landscape as a partial payment for the Mound Bay Park Improvement,
when funds are available. A roll call vote was unanimously in favor. Motion
carried.
The Council then decided to go into Executive Session to discuss several
legal matters.
When the Council reconvened the Council Meeting the City Attorney explained
that they had discussed a possible settlement of the Priscilla Anderson
Case. He then gave some of the background on this law suit which involves
the City being sued .for inverse condemnation. There have been negotiations'
on both sides and the recommendation from the City Attorney is that the
City purchase the 2.8 acres of land from Anderson & Smith for $12,000
with a provision in the deed that the land only be used for park or wetlands
for the next 15 years.
Polston moved and Charon seconded a motion authorzing the City Attorney
to complete negotiations to settle the Anderson Case by the purchase of
2.8 acres of Anderson and Smith's land for $12,000 with a provision in
the deed that the property only be used for park or wetlands for the
next 15 years and in return Anderson end Smith will drop the suit against
the City for damages. The $12,000 to come from the 1980 Street Fund.
The vote was unanimously in favor. Motion carried.
The other item that was discussed in Executive Session was the Lost Lake
Property. The City Attorney explained there are clouds on the title and
the title should be registered by the City so this title work can be
cleared up. The background on this is that the City authorized the
selling of this land to the Mound Trolley Boat Center by quit claim
deed and sent a purchase agreement to them about one month ago. They
have not returned the signed agreement as of this date. Mr. Julian Hook
who. represents the Catholic Church asked to be on the agenda tonight
along with the developers to submit a revised Purchase Agreement and
ask the City to sign papers naming the Church as a party in the property.
This would then be taken to District Court-and a Declaritory Judgement Action
would be taken. The City Attorney advised Mr. Hook that he would not
recommend that the City enter into any agreements as described above.
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December 14, 1982
The conversation with Mr. Hook took place on Monday. On Tuesday,
at 12.30 P.M. Mr. Hook called. and withdrew himself from the Agenda
because the developers could only, come up-with $2,000 not the $10,000
they agreed to at the first Council Meeting when the sale was negotiated.
Thus the City Attorney is recommending that the City commence a
registration proceeding so that Mound Trolley Boat Center or anyone
interested. in the property can obtain-marketable title to it. If
the Mound Trolley Boat Center comes forth and signs the original
Purchase Agreement, the City can step out of the title proceedings
and the developers can go forward from there.
Charon moved and Polston seconded the following resolution.
RESOLUTION #82-317 RESOLUTION AUTHORIZING THE .CITY ATTORNEY TO
START REGISTRATION PROCEEDINGS FOR THE LOST
LAKE PROPERTY;.. NOTIFY THE MOUND TROLLEY BOAT
CENTER THAT THEY HAVE 60 DAYS TO RETURN THE
SIGNED PURCHASE AGREEMENT AND IF THEY DO AND
WISH TO DO THEIR OWN TORRENS WORK THEY CAN
TA KE OVER FROM THE CITY AT THAT POINT
A roll call vote was 3 in favor with Councilmember Swenson voting nay
and Councilmember Ulrick being absent. Motion carried.
Councilmember Swenson stated that he felt this action was a stall on
the City's part.
INFORMATION/MISCELLANEOUS
A. Material form Metro Waste Control Commission on Lake Ann Interceptor
Sewer Alternate.
B. Announcement that Bill Husbands i:s not designated a Chartered Property
Casualty Underwriter.
C. Letter from the M.P.C.A. regarding Tonka. waste di:sposa.l - The Council
discussed this item throughly and the following action was taken.
Polston moved and Charon seconded a motion directing the City Manager
to send a letter to Governor Al Quie complaining about the harassment
the M.P.C.A. and Mr. Douglas Day are doing to the City: and any prospective
developers of the Lost Lake site. Also asking what foundation or
evidence they have that there was hazardous waste dump at this site
and if there isn't any to close the file, The vote was unani.mpusly in
favor. Motion carried.
D. Letter from Governor Quie regarding Local Wellness Councils
E. Status report on Federal Legislation of interest to cities from
the National League of Cities.
F. Clippings regarding the National League of Cities Conference;
1. "City Officials Enthusiastic About Gas Tax Hike"
2. "A Big Jump in Gas Tax"
3. "Cutbacks in Factory Jobs Taking Toll in California''
G. Speech given by President Reagan at the National League of Cities
Conference.
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December 14, 1982
H. Articles on the President's Speech:
1. "No Magic Wand for Cities, Reagan Warns"
2. "Mayors .See Signs of Hope in Reagan's Address"
I. Letter from Hennepin County Park Reserve regarding Capital Improvement
Pian.
J. Article from Mpls. Tribune on "Tax Increment Plans Draw Praise in
Eden Prairie".
K. L.M.C.D. Minutes - October 27, 1982
L. 1983 City of Mound Dock License approval from the L.M.C.D.
M. Letter from Sheriff's Water Patrol regarding Lake Minnetonka Activity
During the 3rd Quarter 1982.
N. Letter from Hennepin County Dept. of Environment ~ Energy - a look at
the lake improvement program for 1983.
0. Summary from the Lake Minnetonka .Water Quality Study done by the
M.P.C.A.
P. Report from the Gray Freshwater Biological Institute on the Lake
Water Quality.
Q. 1982 Water Levels of Lake Minnetonka.
R. Letter from Hennepin County on Use of Tonka site - Possible use. -
solid waste energy recovery.
S. The City Manager gave some of hls thoughts on the cuts in state aid
and how we may be able to absorb these during 1983 by doing some
cutting in the 1983 Budget.
Charon moved and Polston seconded a motion to adjourn at 10:50 P.M. The
vote was unanimously in favor. Motion carried.
~A
J n Elam, City Manager
~~~~
Fran Clark, City Clerk
BILLS----DECEMBER 14, 1882
A.A. Battery 66.47 Mound Super Valu 56.80
Autocon Industries 122.70 Wm Mueller & Sons 1,634.46
Applebaums 14.36 Martins Navarre 66 20.00
Anthonys Floral 35.00 Navarre Hdwe 287.19
Basement Dri-Up 31.82 N.S.P. 3,480.76
Blackowiak & Son 84.00 N.W. Bell Tele 72.80
Holly Bostrom 329.00 Pitney Bowes Credit 26.00
Burlington Northern 533.33 Perkins Landscape 11,101.41
Bryan Rock Products 175.42 Bob Ryan Ford 2.66
Berry Auto Body 88.37 Stacken Sod 220.00
F.H. Bathke 10.35 Greg Skinner 65.92
Commissioner of Revenue 3,399.86 Smith Heating ~ Air 187.50
Cargill Salt 1,458.42 Shepherds Rental Rug 66.25
Conway Fire ~ Safety 560.00 Spring Park Car Wash 59.00
Bill Clark Standard 5,983.58 Marge Stutsman 14.41
Coast to Coast 75.44 Stacken Sod 110.00
Continental Telephone 1,118.32 Suburban Tire Inc 1,224.38
Geo A Clark & Son 70.95 T ~ T Maintenance 37.75
Cromer Management 183.75 Thrifty Snyder Drug 46.07
Dept of Property Tax 166.00 Treas MCFOA 15.00
Dependable Services 33.00 Unitog Rental 275.67
Diesel Components 23.93 U of M Registrar 75.00
Finance & Commerce 41.20 Village Chevrolet 51.71
Nick Gronberg 220.00 Water Products 415.85
Glenwood Inglewood 43.80 Widmer Bros. 2,358.50
Wm Hudson 12.97 Westonka Sanitation 5,150.00
Henn Co. Finance 34.00 WESCO 288.42
Eugene Hickok ~ Assoc 110.00 Ziegler, Inc 48.41
Hawkins Chemical 162.01 Total Bills 60,800.03
The Hozza Associates 572.70 Liquor Bills
Henn Co. Sheriffs Dept 7,296.45 Butch's Bar Supply 171.35
Illies ~ Sons 448.00 City Club Distrib 2,350.75
Island Park Skelly 30.00 Coca Cola Bottling 113.25
Johnson Paper 143.50 Day Distributing 3,406,30
Lake Winds Apt 50.00 East Side Beverage 2,599.15
Lowells 10.38 Flahertys Happy Tyme 188.40
The Laker 228.13 Gold Medal Beverage 111,20
Long Lake Ford Tractor $.12 Koot Kube Ice 142.60
Louisville Landfill 130.00 Midwest Wine 267.28
Long Lake Tire Barn 9.98 A.J. Ogle 1,754,00
Lakeland Ford Truck 50.86 Pepsi Cola 288.75
Doris Lepsch 15.00 Pogreba Distrib 2,741.60
Lutz Tree Service 5,495.00 Thorpe Distrib 2,684.80
Mound Postmaster 100.44 Twin City Home Juice 42.36
Mound Fire Dept 424.00 City of Mound 24.00
M.A.M.A, 16.00 Wallin Heating 41.35
City of Minnetrista 150.00 Real One Acquisition 675.00
M.F.O.A. 21.00 Reg a.1 Window Clean 10.75
MacQueen Equip 206.04 Bradley Exterminating 38.00
Marina Auto Supply 550.24 Donaghue Doors 306.00
Miller Davis Co. 100.50 Nels Schernau 9.02
Minnegasco 2,140.52 Total Liquor Bills 17,966.02
GRAND TOTAL--ALL BILLS 7~ 7~Z.05