1983-01-2511
January 25, 1983
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 5431 Maywood Road
in said City on January 25, 1983, at 7:30 P.M.
Those present were: Mayor. Bob Polston, Councilmembers Pinky Charon, Gary
Paulsen and Russ Peterson. Councilmember Gordon Swenson was absent and
excused. Also present were:. City Manager Jon Elam, City Attorney Curt Pearson,
Building Inspector Jan Bertrand, Police Chief. Bruce Wold, Water Superintendent
Greg Skinner and City Clerk Fran Clark. The following interested citizens
were present: Rodney Wilkens, Jay Petersen, Frank Livingston, John ~ Helen
Livingston, .Jane M. Weisman, Mike and Debbie Netka, Stephen Kepke, Sharon
Thiesfeld, Linda Stahlke, Bill and Dorothy Netka, Stephen Levin, Gladys
Watson, Helen Cole, .Tom Watson, Dan Cummings, Pat Flynn, Roe Miles, Curt
Johnson, Mr. & Mrs. John Wagman, Steven Gronwall, George Boyer, Scott Turner,
Tom Goulette.
The Mayor opened the meeting, welcomed the people in attendance and lead the
Pledge of Allegiance.
MINUTES
The Minutes of the January 11, 1983, Regular Meeting were presented for consid-
eration. Councilmember Peterson asked that a typographical error on page 2
under Water Meters, second paragraph, be corrected (change the word then to
they). Peterson moved-and Charon seconded a motion to approve the minutes
of the January 11, 1983, Regular Meeting, as corrected. The vote was unanimously
in favor.- Motion carried.
PUBLIC _HEARING - AMENDMENT TO CONDITIONAL USE PERMIT - TOM WATSON
Mayor Polston asked the City .Attorney to explain what actions are proposed
to be taken. The City Attorney explained that there are 3 separate
applications for the Council's consideration. They are:
1. An amendment to the Conditional Use Permit to allow an expansion of
the area for an arcade, dancing and a Class I restaurant.
2. The Dance Permit.
3. A Restaurant License.
He then explained the difference between a Class 1 and Class I1 restaurant
as defined in the Zoning Ordinance.
The City Manager then explained that the Council was given the following
additional .information before the meeting tonight:
a. Part of the Zoning Ordinance dealing with Conditional Use Permits.
b. The Incorporation papers for the Electric Light Company.
c. 2 additional letters from, citizens against the amendment.
d. A memo from the Building Official.
e. The Arcade Ordinance.
The Mayor then opened the public hearing and asked if anyone would like to
speak for or against the amendment.
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January 25, 1983
TOM WATSON - Explained that he wants this amendment so that he can
cater to the young people in town without drugs and liquor. He will
have the Police Dept. on duty to help security. Wants to hold dances
2 nights a week probably Friday and Saturday. He has been open for
12 years with very little trouble.
ROE MILES - Locksmith in town, next to Arcade. Too dark in the small
parking area by the .entrance to the Arcade. Kids congregate, has had
tires on a car slashed, kids running all over the roof of Moys and his
shop and the Police later found stolen property on the roof. Against
the amendment. Parking by his shop has impeded his business because
he cannot get cars close enough to his shop to work on locks.
BILL NETKA - owner of apartment building at 2360 Commerce. He stated
he has tolerated the Arcade for 2 years. During that time the kids
have tresspassed on his property, littered, harassed his tenants and
there has been vandalism of approximately $1,000. The business people.
.used to be able to park in the back lot but now don't because of the
damage done to their cars by the kids.
CURT JOHNSON - owners of adjacent office building. Has had cars parked
in private parking lot where it is dark and vandalism has been happening.
Also had a sign damaged.
SHARON THIESFELD - has a beauty shop at X575 Shoreline Blvd. Her
customers have been harassed., there is no room for customers to park,
the litter and graffiti are terrible. Is not against the kids having
a place to go but feels it should be in another area that is less
congested.
STEVE LEWIN - Minnetrista resident. Agreed it is too dark around the
entrance and parking is limited there, but there is a larger area to
park across the road. Is in favor of the Arcade.
STEVE KEPKE - Tenant in apartment building at 2360 Commerce. Has been
harassed by the kids when out on the patio barbecuing. Against the
Arcade.
RODNEY WILKENS - Felt that with proper supervision and direction from
the City Council the Youth Entertainment Center would be an asset.
MRS. WAGMAN - asked about Mr. LJatson's Building Permit and why he
was doing much more than the permit was- taken out for.
The City Manager explained that Mr. Watson has taken out a permit
for the corrected amount of work done.
The City Attorney explained that Mr. Watson proceeded with. the extra
work at his own risk. The City has given him no assurance that they
would grant approval for his dance hall/restaurant/arcade.
JAY PETERSON - Stated he saw alot of positive aspects fpr this facility.
It would be a centralized facility to get together with. nq liquor or drugs..
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January 25, 1983
TOM GOULETTE - Mr. Watson's idea would be a positive addition to Mound.
Most of the problems that have been encountered have not been while the
kids were under Watson's supervision.
STEVE GRONWALL - It will be areal nice setup with different things to do.
MIKE NETKA - Caretaker of apartment building at 2360 Commerce Blvd.
There have been littering problems and harassment of the tenants in
the apartment building. Some patrons of the facility have used the
apartment building's docks on the Lost Lake Channel which is trespassing.
MRS. WAGMAN - Would want to make sure that the sidewalk on Shoreline
Blvd. in front of Moy's Restaurant was not a congregating place for the
kids.
The Mayor asked if Mr. Watson would like to address any of the above
statements.
TOM WATSON
1. There would be no problem in front of Moy's because the entrance
to his facility is off of Auditor's Road.
2. Mr. Miles insists on taking the parking places that Mr. Watson
.rents from Mrs. Moy. There are actually very few cars. that use
the parking lots for his facility. Most of the kids. either walk
or ride bikes.
3• He too has had some vandalism, but nothing out of the ordinary.
4. He has. brought the building up to code as it should be. There
are always bad things to say about anything.
5. If someone trespasses by using a private dock, the owner can call
and have the boat towed out. There is a 6 foot fence that was
put up on the apartment building property and why would anyone
want to dock their boat there and climb over the fence.
7. The stolen merchandise on Moy's roof had nothing to do with the
Arcade.
8. The trash around the Arcade is picked up on a regular basis.
The Mayor closed the public hearing. He then stated that the Council should
make a decision based on the facts as they exist and not allow emotionalism
to determine the outcome.
Councilmember Peterson asked Mr. Watson what Howard Thompson has to do with
the operation. Mr. Watson replied that he owns the arcade machines, leases
them to him and they split the profit.
The Council informed Mr. Watson that they have the Incorporation Papers
for the Electric Light Company and Mr. Thompson is listed as an incorporator.
Mr. Watson replied that Mr. Thompson has not been connected with the corporation
since December 10, 1982. Mr. Watson then submitted a paper from Mr. Thompson
stating that he resigned from ::The Electric Light Co., Inc., as an incorporator
and member of the Board of Directors on December 10, 1982. The paper was
not notorized.
The City Attorney then explained to Mr. Watson that the Council cannot issue
licenses in sensitive areas, such as young people, if there is a person of
questionable character involved in the operation. According to the Police
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January 25, 1983
Department investigation of the original applications which listed Mr.
Thompson as having a financial interest in the business, it was found
that Mr. Thompson had 1 felony conviction., 4 misdemeanor convictions
(including possession of ma rajuana), 15 traffic violations and outstanding
warrants for his arrest. The point being that if Mr. Thompson has money.
in the operation, the ordinance prohibits the Council from issuing
licenses.
The City Attorney then read Subdivision 6 of Chapter 36 of the City Code,
"Ineligibility for license. Existence of any of the following
conditions shall render the applicant ineligible for a license.
(?_) If the applicant, manager, or persons owning the licensed
activity:
(a) is not a persons of good moral character and repute....."
Mr. Watson then stated that he has no contracts with Mr. Thompson and that
Mr. Thompson has no controls over the Arcade. Mr. Watson stated that he
has had 3 different suppliers of machines since he was issued the Conditional
Use Permit and he could change suppliers.
The Mayor then read the proposed conditions for approval.
Councilmember Peterson suggested that maybe Mr. Watson could have 2
Police Reserve Officers patrol the outside area during the dances. He
suggested that no dances be held prior to a school day. He also asked
Mr. Watson how many people would have to attend to break even. Mr.
Watson replied he thought about 200 would have to attend to break even.
Peterson then suggested a 60 day trial period because he thought the
idea has merit and Watson has good intentions.
The City Attorney then cautioned the Council about granting a temporary
60 day license because there are all kinds of problems if the Council then
wanted to revoke the license.
Mayor Polston then read the Criteria for Granting Conditional Use Permits,
Section 23.5D5.1 of the Zoning Ordinance.
Councilmember Charon stated that she would have to vote no as long as
Thompson is in anyway involved.
Mr. Watson asked if he should change suppliers.
Councilmember Peterson stated that the Council could table this until Watson
gets a new supplier of machines.
Mayor Polston stated he couldn't support the dance hall now or next week
because he doesn't feel locating this facility in the Central Business
District is correct zoning.
Councilmember Paulsen stated that as long as Mr. Thompson is involved in
the business, he could not support an action to approve. By the machines
remaining, Mr. Thompson is still involved. The paper submitted by Watson
regarding Mr. Thompson's resignation was not notorized.
15
January 25, 1983
Mayor Polston asked if there was an action the Council would like to take.
Councilmember Peterson stated that if it is proven the Thompson is not
involved, he would probably be for the amendment.
Mr. Watson stated that he could change suppliers and Lieberman could-supply the
arcade machines. He also stated that he would supply proof that Mr. Thompson
is not involved with the Arcade.
Mayor Polston moved and Peterson seconded a motion to deny the .amendment
to the Conditional Use. Permit for the following reasons:
a. It will be injurious to the use and enjoyment of other property in
the immediate vicinity.
b. The use is not reasonably related to the overail~ needs of the. City
and to the existing land use.
c. The use will cause traffic hazard or congestion.
d. Existing uses adjacent will be adversely affected because of
curtailment of customer trade brought about by 'intrusion of
noise to the downtown business district.
e. The use would not be in the best interest of the surrounding area
or the community as a whole.
The City Manager reminded the Council that according to the Zoning Ordinance,
"No application for a conditional use permit shall be resubmitted for
a period of one year from the date of said order of denia l"
Councilmember Peterson withdrew his second.
Charon moved the following motion. Grant approval of the amendment to the
Conditional Use Permit for a dance hall and restaurant stipulating the
proposed conditions of approval on .page 97 & g8 of the Council Packet and
adding #17, "That proof be given to the City that Mr. Thompson is .not
involved with the operation". Also approving the expansion from 700 square
feet to approximately 4,000 square feet and making the plans for the
expansion Exhibit A of the Conditional Use Permit. The motion died for
lack of second.
There was considerable discussion about Resolution #82-277 which extended
Mr. Watson's hours of operation and whether it should have included an
expansion of this operation.
Charon moved and Paulsen seconded a motion directing the City Attorney and
Staff to prepare a resolution amending the prior conditional use permit
incorporating the plans, specifications, findings and conditTO~s. The vote
was .unanimously in favor. Motion carried.
The Mayor suggested that #7 on the Agenda be taken up at this time because
the people involved have waited for some time. The Council agreed.
LIUINGSTON AGREEMENT - RESOLUTION #82-249
Ms. Weisman was present representing Mrs. Wagner .who is purchasing the
subdivided property from Mr. Livingston. Mrs. Wagner would like to add a
detached garage to the cottage property. The Agreement, "Exhibit A", which
was added to Resolution #82-249 approving the subdivision stated that,
"No additions, second floor or other improvement will be made to the cottage
unless the new owner puts in a separate sewer line to serve the structure".
16
January 25, 1983
Since the detached garage has no plumbing, she would like to have a statement
added to the agreement which would allow her to add the detached garage.
Charon moved and Peterson seconded the following motion to~amend the
Agreement incorporated into Resolution #82-249 adding under c. "This
agreement shall not prohibit the addition of a detached garage".
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING - DELINQUENT UTILITY BILLS
The Mayor opened the public hearing and asked if anyone present would like
to be heard in regard to any of the delinquent water and sewer bills proposed
to be shut-off. There were none. The Mayor closed the public hearing.
Charon moved and Peterson seconded the following resolution.
RESOLUTION #83-19 RESOLUTION APPROVING THE DELINQUENT UTILITY BILLS
IN THE AMOUNT OF $3,241.66 AND AUTHORIZING THE STAFF
TO SHUT-OFF WATER SERVICE FOR THESE DELINQUENT ACCOUNTS
The vote was unanimously in favor. Motion carried.
PARK COMMISSfON APPOINTMENTS
Charon moved and Peterson seconded the .following resolution.
RESOLUTION #83-20 RESOLUTION APPOINTING CHERYL BURNS AND ART
ANDERSON TO THE PARK COMMISSION - TERMS TO
EXPIRE DECEMBER 31, 1985
The vote was unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked if there were any comments or suggestions from citizens
present. There were none.
CITY WATER SYSTEM - GEORGE BOYER
George Boyer, from Hickok ~ Associates, was present with an 1983 Update
on Water System Improvements for the City of Mound. He reported that
with Tonka Corporation leaving, it changes their recommendations from 1977
because that reduces the water usage by 200 million gallons per year.
Therefore, the ground water sources are adequate thru the year 2000.
Mr. Boyer also submitted a separate report on Island Park water source
alternatives. They are as follows with preliminary cost estimates:
IP-1
a. New Hinckley Well $110,000
b. Welt Pump 10,000
c. Pump House (complete) 60,000
d. 250,000 gallon standpipe 140,000
$320,000
This is not being recommended because of very poor water quality and
the possibility of also having to put in a water treatment plant for
the objectionable water quality.
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January 25, 1983
IP-2
a. Booster Pump Station
b. 2,700 L.F. - 8" DIP
c. 250,000 gallon standpipe
IP-3
a. Booster Pump Station
b. 2,700 L.F. - 8" DIP
$ 52,000
67,500
140,000
$247,500
$ 52,000
67,500
$119,500
Both IP-2 and IP-3 have distribution system improvements, consisting of
a new 8 inch line from Shoreline Blvd, to the corner of Wilshire Blvd.
and Emerald Drive. This would be required in order to provide sufficient
flow quantity at the booster pump station.
IP-3 and IP-2 are essentially the same except that the 250,000 gallon
standpipe is not on IP-3.
The City Manager reported that IP-2 could be done in stages and probably
would be done using reserves instead of water revenue bonds.
George Boyer stated that the new mains and the booster pump station
will help the pressure problem on the Island.
No action was taken. The staff will proceed with plans and specifications
in order to go for bids in the Spring.
SET DATE - 1983 CITY BOARD OF REVIEW
The City Manager reported that the County has suggested that the City Board
of Review be held on Tuesday, May 31, 1983. That Tuesday is the 5th Tuesday
of the month and would be fine with the Staff if the Council feels it is
alright.
Charon moved and Peterson seconded a motion to set the date for the City
Board of Review for Tuesday, Mav 31, 1983, at 7:30 P.M. in the Council Chambers.
The vote was unanimously in favor. Motion carried.
ORDINANCE AMENDMENT - PARKING ON ISLAND VIEG1 DRIUE
Police Chief Wold explained that he is proposing no parking on both sides of
Island View Drive from Radnor Rd. to Manchester Road. The reason being that
this area is a big hill with a very hazardous slope and the hill is hard to
drive up and when vehicles are parked on it only one vehicle can get through.
When two vehicles meet they could easily hit each other.
Peterson moved and Paulsen seconded the following.
ORDINANCE #445 AN ORDINANCE AMENDING SECTION 46.29 (a), SUBSECTION
24 OF THE CITY CODE BY ADDING "NO PARKING ANYTIME
BOTH SIDES OF ISLAND UIEW DRIVE FROM RADNOR ROAD TO
MANCHESTER ROAD"
The vote was unanimously in favor. Motion carried.
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January 25, 1983
ANNUAL GAMBLING & ENTERTAINMENT PERMITS - RENEWAL
Charon moved and Peterson seconded a motion approving the renewal and
issuance of permits to the following:
A Gambling Permit to American Legion Post #398, 2333 Wilshire Blvd.
Permit period from February 1, 1983 through January 31, 1984.
An Entertainment Permit to the Three Points Tavern, 5098 Threet Points
Blvd. Permit period from February 1, 1983 through January 31, 1984.
The vote was unanimously in favor. Motion carried.
PAYMENT REQUEST - PERKINS LANDSCAPING
The City Manager reported that a payment request from $10,958.43 has been
received from Perkins Landscaping for work that .has been completed in the
Mound Bay. Park Improvement Project.
Charon moved and Peterson seconded a motion to approve Payment Request #2
in the amount of $10,958.43 to Perkins Landscape for work completed in the
Mound Bay Park Improvement Project. The vote was unanimously in favor.
Motion carried.
PAYMENT OF BILLS
Charon moved and Peterson seconded a motion to approve the payment of bills
as presented on the pre-list, in the amount of $99,234.14, when funds are
available. A roll call vote was 3 in favor with Mayor Polston abstaining.
Motion carried.
SET DATE FOR PROPOSED USE HEARING OF 1983-84 HUD FUNDS
Peterson moved and Charon seconded a motion to set the date for the Proposed
Use Hearing for 1983-84 HUD Funds in the amount of $92,822, for Tuesday,
February 22, 1983. The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
A. January Calendar for the Hubert H. Humphrey Institute of Public Affairs.
B. Letter from the City of Orono and Lake Access Parking Agreement.
C. Westonka Chamber of Commerce "Chamber Waves" - January - 1983.
D. Metro Council's 1983 Legislative Program - Annual Report
E. Proposed Metro Council's District Boundary Lines.
F. Letter from Councilmember Swenson regarding actions taken at the
January 11, 1983 Council Meeting.
G. Minnehaha Creek Watershed District - Agenda - January 20, 1983.
H. Job Training Partnership Act Materials for the League of Minnesota Cities.
lg
January 25, 1983
I. "Main Street News" Report.
J. Public Notice - U. S. Army Corps of Engineers.
K. Letter from Senator Tad Jude.
Polston moved and Charon seconded a motion to adjourn at 12:20 A.M. The vote
was unanimously in favor. .Motion carried.
J n Elam, City Manager
~/1/ckiv~ ~~
Fran Clark, City Clerk
BILLS-----JANUARY 25, 1883
F.H. Bathke 10.35 Borchert Ingersoll 7,500.00
Bill Clark Standard 4,188.07 Baldwin Supply 104.88
Continental Telephone 1,100.63 Holly Bostrom 188.00
Dictaphone 78.48 Burger Chef 25.00
Dept of Property Taxation 40.00 Davies Water Equip 263.64
Empire Crown Auto 12.85 John Ewald III 26.85
Fire Control Extinguisher 188.05 Jon Elam 50.18
Henn Co. Sheriffs Dept 32.36 Forestry Suppliers 94.82
The Hozza Assoc. 150.00 First Bank Mpls 4.00
Iten Chevrolet 107.87 .Govt Training Service 35.00
Illies ~ Sons 2,750.50 Henn Co. Chiefs Police Assn 15.00
The Laker 54.14 Hawkins Chemical 244.75
Sharon Legg 42.73 Wm Hudson 30.00
Lowells 235.00 Identi Kit Co. 360.00
League of MN Cities 105.00 Internatl Assn Chiefs Police 25.00
Lakeland Cablevision 4,355.00 Internatl Confr Bldg Offcl 224.75
McCombs Knutson 2,207.00 Kustom Electronics 163.45
Wm Mueller & Sons 325.65 K Mart 141.84
Mpls Oxygen 36.73 Doris Lepsch 45.00
Minnegasco 1,795.40 League of MN Cities 30.00
City of Mound 50.40 LOGIS 1,177.68
Metro Waste Control 2,524.50 MN State Fire Chiefs Assn 50.00
M.F.O. A. 210.00 MN Rescue ~ First Aid .15.00
N.S.P. 1,g21.8g Metro Waste Control Comm 26,126.47
Navarre Hdwe 118.95 MN Curriculum Serv 60.00
N.S.P. 193.12 Natl Fire Protection Assn 16.00
Perma-Top 35..00 Natl Office Systems 316.11.
Planning ~ Develop 1,549.00 NW Bell Tele 72.80
Spring Park Car Wash 95.70 N.S.P. 4,192..15
State Bank of Mound 5.10- Olsen Chain ~ Cable 39.98
Specialty Screening 72.00 Pitney Bowes Credit 26.00
State of MN Treas 10.00 Paper Calmenson 314.40
City of St. Petersburg 5.00 Power Group Products 136.97
State Treas 557.83 Repro Printing 120.04
" 15.00 Suburban Community Services 831.75
~~ ~~ 5,00 St. Boni Farm Store 4.50
Stern Levine 645.00 Specialty Equip Co. 3,658.50
20th Century Plastics 4.85 T ~ T Maintenance 30.85
Village Chevrolet 16.73 Title Insurance 720.88
Wurst, Pearson, Hamilton 4,938.14 United. Fire Fighters Assn 25.00
Xerox Corp 768.48 Western Area Fire Train Acd 1,241.00
R.L. Youngdahl 1,863.40 Widmer Bros. 2,810.50
Xerox 82.72
Griggs Cooper ~ Co. 4,716.92 Chris Bollis 48.60
Johnson Bros. Whl Liq 2,088.25
MN Distillers 1,154.34
Old Peoria 1,767.53
Ed Phillips ~ Son 3,487.84 TOTAL BILLS 88,234.14
Abdo, Abdo ~ Eick 720.00
Acro Minnesota 63.67
Annl Phaumc 1 Fi _ ~l