1983-02-1524
February 15, 1983
SPECIAL MEETING
OF THE
CITY COUNCIL
Pursuant to due .call and notice thereof, a special meeting of the-City Council
of the City of Mound, Hennepin County, Minnesota, was held at 5341 Maywood Road
in said City on February 15, 1983, at 7:30 P.M.
Those present were: Mayor Bob Polston, Councilmembers Pinky Charon, Gary
Paulsen, Russ Peterson and Gordon Swenson. Also present were: City Manager
Jon Elam, City Attorney Curt Pearson, City Engineer John Cameron, Building
Inspector Jan Bertrand, Police Chief Bruce Wold, City Clerk Fran Clark,
Planning Commission Members Frank Weiland, Robert Byrnes, Tom Reese, Goeff Michael,
Mike Uargo, Stan hlierzejewski. Following interested citizens were present:
Dave Moore, Rick Illies, Mr. & Mrs.. Patrick Sheehan, H. Cole, Gladys Watson,
Steve Lewin, Lynda Stahlke, Sharon Thiesfeld, Stephen Kepke, Marie George,
Joan Helland, Walter Helland, Mr. & Mrs. Bill Netka, Pat Lund, Kelly Just,
Mary Engrav, Randall Blohm, Tom Watson, Mr. & Mrs. Richard Wredberg, Teri Porter,
Mrs. Mike Porter, Rhonda Datson, Vogue Homes, Tom Goulette, Shirley Andersen,
Paul Pond and Jerry Longpre.
The Mayor opened the meeting, welcomed the people in attendance and lead the
Pledge of Allegiance.
M I PJUTES
The Minutes of the January 25, 1.983, Regular Meeting were presented for consideration.
Paulsen moved and Peterson seconded a motion to approve the Minutes of the
January 25, 1983, Regular Meeting, as presented. The vote was unanimously in
favor.
The Minutes of the February 1, 1983, Regular Meeting were presented for consideration.
Peterson moved and Charon seconded a motion to approve the Minutes of the
February 1, 1983, Regular Meeting, as presented. The vote was unanimously in
favor. Motion carried.
PLANNING. COMMISSION ITEMS
CASE #83-100 - BRUCE W. CARSON - 1972 SHOREWOOD LANE - LOT 19, BLOCK 2,
SHADYWOOD POINT - ACCESSORY BUILDING VARIANCE & APPEAL
The City Manager explained that last year the Larsohs complained about the '
condition of the structure. The Bu~i.lding Inspector wrote a letter to the
owner at that time, Jerry Stefan, and asked him to remove the structure
because of its poor condition. The property was then sold to the adjacent
neighbor, Bruce Larson. Mr. Larson has now requested a variance for this
structure to be considered an accessory building. The Code states"
structure subordinate to and serving the principal use structure on the same
lot and customarily incidental thereto." To be an accessory to his present
home, the lots would have to be combined. Mr, Larson does not wish to
combine the lots. The variance would be setbacks, lot size and structure
size. The structure is only 460 square feet. The Planning Commission
has recommended that the City Council deny the variance and the administrative
appeal.
25
February 15, 1983
Paulsen moved and Swenson seconded the following resolution.
RESOLUTION #83-21 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO DENY THE VARIANCE AND ADMINISTRATIVE
APPEAL - LOT 19, BLOCK 2, SHADYWOOD POINT -
PID #18-117-23 23 0018
The vote was unanimously in favor. Motion carried.
The Building Inspector wi ll continue to work toward getting the structure
removed from the property.
CASE #83-101 - DAVE MOORE & RICK ILLIES - 2340 FERNSIDE LANE - LOTS 16 & 17,
BLOCK 3, SHIRLEY HILLS UNIT A - ZONING MAP AMENDMENT - PID #13-117-24 44 0037
The City Manager explained that this is on the Agenda for the City Council to
either set a date fora public hearing or deny the request. The Planning
Commission has recommended denial of the request for rezoning.
The City Attorney explained that 2 things would have to be present to warrant
rezoning:
1. a change in conditions (in the neighborhood) or
2. a mistake in the original zoning
He then stated that this request is probably based on economics for the owners.
The property would be of more value if it were zoned R-3.
Paulsen moved and Peterson seconded a motion to set the date for a public
hearing on the rezoning of Lots 16 & 17, Block 3, Shirley Hills Unit A
for March 15, 1983, at 7:30 P.M. The vote was unanimously in favor. Motion
carried.
CASE #83-102 - ROBERT J. VEILLEUX - 5042 TUXEDO BLVD. - LOTS 5 ~ 6, WHIPPLE
SHORES - VARIANCE IN LOT WIDTH - PID #2 -117-2 43 005
The City Manager explained that the applicant is requesting to split this
parcel of land thereby creating another building site on Lot 6. His
existing house and garage are on Lot 5 and there is an encroachment of a
sidewalk (on Lot 6) which Mr. Veilleux plans to remove. The variance
requested is in lot width because of original platting being excessive
lot depth and lot narrowness. The required lot width is 60 feet and the
lots are 51.85' and 53.0'. The Planning Commission recommended approval
of the variance and subdivision.
Councilmember Paulsen asked Mr. Veilleux if the new house he is planning to
build on Lot 6 would be conforming to our ordinances. Mr. Veilleux answered
yes.but he has not yet decided on a plan for the new home.
Mrs. Marie George was present objecting to the variance being granted because
it would probably be detrimental to her property. Her primary concern was
that Mr. Veilleux would build a home that will block her view of the lake.
She explained that her home is very close to Tuxedo and if Mr. Veilleux were
allowed to have a building site on Lot 6, that he would build closer to the
lake than her home and thus would block her view.
26
February 15, 1983
The City Attorney advised that Mr. Veilleux's property presently conforms
to the ordinance but a subdivision of the property would create two nonconforming
lots because they would not meet the 60' width requirement.
Councilmember Paulsen moved the. following resolution.
RESOLUTION #83-22 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION.
RECOMMENDATION TO APPROVE THE LOT WIDTH VARIANCE
AND DIVISION AS REQUESTED FOR LOT 6, WHfPPLE SNORES
(5048 TUXEDO BLVD.)
The motion died for lack of a second.
The Council discussed Mrs. George's objections.
Peterson moved and Swenson seconded a motion to table action on this item
until a plan for the -new home could be reviewed with Mrs. George. Item
to be brought back to the Council in one month. The vote was unanimously
in favor. Motion carried.
Councilmember Swenson asked Mr. Veilleux if he would be willing to meet
with Mrs. George and review his plan for the home and try- to come to some
agreement. Mr. Veilleux answered yes.
CASE #83-103 - CITY OF MOUND - LOT.Sg, AUDITOR'S SUBDtU1SI0N N0. 168 -
SUBDIVISION/LOT SPLIT
The City Manager explained that .this was part of the settlement with
Priscilla Anderson. The request is to divide off the South 210 feet of
the East 210 feet of the-West 460 feet of Lot 59, Auditor's Subdivision
#168. This parcel has Mrs. Anderson's home on it.
Paulsen moved and Peterson seconded the foll-owing resolution.
RESOLUTION #83-22 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE THE FINAL SUBDIVISION FOR
LOT 5g, AUDITOR'S SUBDIVISION #168, PID #23-117-24
42 0008 AND PART OF PID #23-117-24 42 0007)
The vote was unanimously in favor. Motion carried.
CASE #83-104 - WALTER F. & JOAN E. HELLAND - 1701 BAYWOOD LANE - SETBACY.
VARIANCE - LOT BLOCK REPEAT OF HARRISON SHORES - PID #13-117-2 21 0049
The City Manager explained that this varyance is being requested due to
the unusual shape of the original platted lot in order to provide maximum
utilization of Lakeshore land to the property owners.
Peterson-moved and Paulsen seconded the following resolution.
RESOLUTION #83-2.3 RESOLUTION TO .CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE A 10 FOOT STREET SETBAC K
VARIANCE AS REQUESTED FOR LOT 4, BLOCK 4, REPEAT OF
HARRISON SHORES (PID #13-117-24 21 0048)
The vote was unanimously in favor. Motion carried.
27
February 15, 1983
JOINT MEETING WITH-THE PLANNING COMMISSION
The Mayor and the Council welcomed the Planning Commission to the Council
Meeting. The Planning Commission introduced themselves to the City Council.
The reason for this meeting was that there are 4 new members on the P.C.
The Mayor then turned the meeting over to the City Attorney.
The City Attorney read Chapter 462.351, Municipal Planning and Development;
Statement of Policy. He then explained that the City of Mound has done
several things to guide in future development.
1. The City has put together a Comprehensive Plan which outlines the
goals of the City.
2. The City has established a new Zoning Ordinance and its regulations
are applicable to every property in the City. With this new
ordinance everyone should be treated the same.
3. The City has subdivision regulations which are an important tool in
implementing the zoning ordinance. The policy of the City of Mound
has been to combine properties to bring them into conformance with
the Zoning Ordinance. He went on to explain that 900 of the planning
problems in Mound are-due to the fact that a major portion of the
platting was done in the 1890's and that platting was mostly 40' x
8Q' lots.
The Planning Commission is only an advisory board. The City Council takes
the Planning Commission's recommendations into consideration before taking
final action on any item.
Councilmember Paulsen stated that the Planning Commission is not just a
variance board, it is a planning board and should establish certain
scenarios for the future of Mound. The Planning Commission should look to
the Staff the League and the Metro Council for help.
The Council thanked the Planning Commission for all the time and effort they
spend on the items that come before them.
COMMENTS ~ SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked if there were any comments or suggestions from the citizens
present. Mrs. Marie George thanked .the Council for allowing her time
on the Agenda.
AMENDMENT TO CONDITIONAL USE PERMIT - TOM WATSON
The City Attorney explained that at the last meeting he was instructed to
prepare a resolution of denial for this amendment to Mr. Watson's conditional
use permit. He has now done that and the whereas' are the findings of fact,
the now therefore, be it resolved is the conclusion.
Councilmember Paulsen moved and Peterson seconded the following resolution.
RESOLUTION #83-24 RESOLUTION DENYING AN AMENDMENT TO THE CONDITIONAL
USE PERMITTED GRANTED BY RESOLUTION 82-85 AND
AMENDED BY RESOLUTION 82-277, AND DENYING AN
EXPANSION OF THE FACILITY AND FURTHER DENYING
EXPANDING THE ACTIVITIES AND USES AUTHORIZED OF
THE PREMISES
28
February 15, 1983
The City Attorney then read the complete resolution to the Council and
the audience.
Randy Blohm, attorney representing Tom Watson, then presented the Council
with the following: 1. 49 names on a petition for the Arcade.
2. A petition with 21 signatures (15 of which-are merchants in Mound).
3. A letter from-Cindy Buckmann of Rainbow Arts ~ Crafts endorsing
the Arcade expansion and a letter from Mr. & Mrs. R. Wredberg for the Arcade.
4. A petition entitled "Student-Petition for Nightclub" signed by 162
students.
5. An Affidavit of Howard H. Thompson,~Jr. stating that Mr. Thompson
is not a part of Mr. Watson's business.
He stated that Mr. Watson would like to negotiate a satisfactory accomodation
for both the City and himself.. He stated that the Mr. Thompson's Affivadivt
details for the Council what his relationship has been and will be with
Mr. Watson. He also stated that Mr. Watson would get a new vendor if the
Council desires.
The Council asked about number 5 in Mr. Thompson's Affidavit where it states,
"That he advanced sums of money totaling some $41,000.00 to permit these
renovations and improvement to proceed."
Mr. Blohm then submitted an Agreement between Mr. Thompson and Mr. Watson
outlining the details of the loan from Mr. Thompson to Mr. Watson.
The Council then recounted that Mr. .Watson stated at previous meetings that
he had paid for all the improvements from money. in his savings account.
Mr. Blohm then again stated that he is here to try and negotiate an
accomondation of Mr. Watson's business with the-City. Mr. Watson has
assured him that he would promote this facility for the teens of the
community only and would not try to draw teens from other areas.
He suggested that if the City is concerned about Mr. Watson's sincerity,
Mr. Watson would be willing to sign an Agreement with the City including
any conditions or restrictions the Council might want to include.
Councilmember Charon stated even getting rid of Mr. Thompson would not
change her mind about denying this amendment because Mr. Watson has
proved that he cannot be trusted. When asked a question the Council gets
5 different answers from Mr. Watson. The Council all agreed.
Charon moved and Paulsen seconded a motion to accept the documents that
were submitted by Mr. Blohm. The vote was unanimously in favor. Motion
carried.
The vote on Resolution #83-24 was unanimously in favor. Motion carried.
PAYMENT REQUEST - PEABODY ROAD STORM SEWER -.$10,971.55
Swenson moved and Paulsen seconded a motion to approve the payment request
of Widmer Bros. for the Peabody Road Storm Sewer in the amount of $10,971.55•
The vote was unanimously in favor. Motion carried.
29
February 15, 1983
PAYMENT REQUEST - MOUND BAY PARK PROJECT - $1,721.40
Swenson moved and Peterson seconded a motion to approve the payment request
from Perkins Landscape for work completed on the Mound Bay Park Project
in the amount of $1,721.40. The vote was unanimously in favor. Motion
carried.
EXTENSION OF OPTIAN FOR STREETCAR BOAT SHOPPLNG CENTER - LOST LAKE SITE
The .City Manager explained that a letter has been received by the City
from Buzz Sycks requesting a 60 day extension on the option to purchase
the Lost Lake site from the City.
Swenson moved and Peterson seconded a motion to grant a 60 day extension
on the option to purchase the Lost Lake site by the Streetcar Boat
Shopping Center.
Councilmember Paulsen stated that he has reservations about granting a
60 day extension without some compensation from the Streetcar Boat
Shopping Center.
Councilmember Swenson stated he saw no reason not to grant the extension
as requested.
Councilmember Paulsen moved to amend the original motion to grant the
extension if the Streetcar Boat Shopping Center put $500.00 down.
The amendment died for lack of a second.
Councilmember Charon suggested that the Council approve a 30 day extension.
There was little support for this.
The vote on the original motion was 3 in favor with Charon and Paulsen
voting nay. Motion carried.
PAYMENT OF BILLS
Swenson moved and Peterson seconded a motion to approve the payment of bills
as presented on the pre-list, in the amount of $66,562.90, when funds
are available. A roll call vote was unanimously in favor. Motion carried.
PUBLIC ACCESS ON LAKE MINNETONKA
Paul Pond, member on the Minnetonka Task Force, was present and explained
that they are looking for some direction from the City Council on the three
sites in Mound that are being looked at as possible public accesses. He
needs the direction because Thursday the Minnetonka Task Force will decide
on 1 or 2 public access sites on Lake Minnetonka. He informed the Council
that the Hennepin County Park Reserve has $1,000,000 set aside to develop
a public access on Lake Minnetonka. They would like to have 80 parking
spaces and be centrally located. The 3 sites in Mound are Lost Lake,
the Surfside property or a site in Lafayette Park near Three Points Blvd.
The Council felt that a site by Lost Lake would be the best of the 3 as long
as the access was compatible environmentally with the surrounding area. The
Council felt the 2 other sites should not be considered by the Task Force.
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February 15, 1983
Charon moved .and Swenson seconded a motion directing the City Manager to
write a letter to the Lake Minnetonka Task Force indicating that the City
would like the Task Farce, the DNR and Hennepin County to look at Lost Lake
as a possibility for a public access site, taking into consideration that
the access must be compatible environmentally with the .surrounding area.
The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
A. Memo from the City Planner - Suggested planning activities for discussion
on the development of a planning work program..
B. Letter regarding the closing of Metro DNR Headquarters -
Paulsen moved and Peterson seconded the following resolution..
RESOLUTIO N #83-25 RESOLUTION OPPOSING THE CLOSING OF THE METRO
DEPARTMENT OF NATURAL RESOURCES REGION OFFICE
The vote was unanimously in favor. Motion carried.
C. February Schedule for the Humphrey Institute
D. Press Release - Dave Durenberger - regarding the new Revenue Sharing
Plan.
Councilmember Swenson stated that on January 11, 1983, when he was on
vacation, the City Council passed a resolution to submit a proposa] to
EDA on a feasibility study on Tonka's Building. He would like to go
on .record as opposing this action because he feels it is wasting taxpayers
money on a private corporation that then can turn around and do whatever
they want with the building.
The City Manager reported that since that resolution .was passed, he has
learned that EDA does not have any money to put toward that program, but
that the State may have $20,000 to put toward this.
CHANGE MEETING DAYS
Swenson moved and Charon seconded a motion to change the days for the
Council Meetings to the lst and 3rd Tuesday evenings of each month at
7:30 P.M. The vote was unanimously in favor. Motion carried.
Peterson moved and Paulsen seconded a motion to adjourn at 10:20 P.M.
The vote was, unanimously in favor. Motion carried.
on Elam, City Manager
nn nn __ (~,~ v
Fran lark, City Clerk
BILLS----FEBRUARY 15, 1983
Ben Franklin 42.39 No Henn Cummunity College 18.25
Brown Photo 69.75 Daniel Nelson 580.31
Henn Co. Treasurer 817.50 Natl League of Cities 380.00
Popham Haik Schnobrick 1,689.94 " " 380.00
Reo Raj Kennels 302.50 Pitney Bowes 158.00
Bradley Exterminating 19.00 Perkins Landscape 1,721.40
Henn Co, Sheriffs bept 1 2.70 Rustique Decorating 38.79
Badger Meter °5.91 Nels Schernau 30.00
Blackowiak ~ Son 95.00 Shepherds Rental Rug 66.25
Holly Bostrom 298.37 Spring Park Car Wash 75.40
Bryan Rock Prod. 98.42 Suburban Tire 457.36
Berry Auto 106.30 Greg Skinner 10.00
Bowman Barnes 91.97 Ted Stallman 12.72
Janet Bertrand 42.60 Duane Smith 50.00
Commissioner of Revenue 3,906.00 John Scherven 750.00
Continental Tele 1,117.70 T ~ T Maintenance 25.75
Cargill Salt 1,081.74 Thrifty Snyder Drug 11.27
Coast to Coast 267.09 Chev
Thurk Bros 31.52
Fran Clark 12.43 .
Title Ins 46.00
Robert Cheney 334.00 .
Univ of MN 60.00
Counterfitting Plus 126.60 Unitog Rental 317.16
Capitol Rubber Stamp 11.50 Village Chev 14.64
Dependable Services 33.00 Widmer Bros 2,148.75
Jon Elam 26.18 Bruce Wold 6.00
Empire Crown Auto 3.28 Westonka Firestone 46.71
Greyhound Travel 396..00 Ziegler, Inc. 28.53
Govt Training Serv 35.00
Glenwood Inglewood 62.45 Total Bills 38,543.28
Gerry's Plumbing 125.85 LIQUOR BILLS
The Hozza Assoc 75.00 Butch's Bar Supply 242.95
Internatl Conf Bldg Offic 37.00 Coca Cola Bottling 156.80
Illies ~ Sons 3,386.75 Day Distributing 2,117.04
Herman Kraft 3.68 East Side Beverage 2,429.21
Lowell's 53.95 Gold Medal Beverage 91.35
The Laker 116.87 Twin City Home Juice .
28.80
Long Lake Ford Tractor 29.50 City Club Distrib 2,269.00
Sharon Legg 18.87 Midwest Wine 645.15
Lindstroms 509.50 A.J. Ogle 1,480.20
Mound Postmaster 300.00 Pepsi Cola 191.25
MacQueen Equip 221.00 Regal Window Clean 10.75
Marina Auto Supply 504.03 Thorpe Distrib 3,291.65
Miller Davis 18.50 Pogreba Distrib 2,586.75
Minnegasco 3,023.29 Knights of Columbus 5.00
Mound Fire Dept 3,242.80 Real One Acquisition 731.85
Mound Super Valu 51.31 Griggs, Cooper 2,631.47
Wm Mueller 1,325.64 Johnson Bros. Liq 5,239.55
Metro Fone Communications 11.80 Old Peoria 1,133.24
MN UC Fund 631.53 Ed Phillips ~ Sons 2,737.61
Medical Oxygen ~ Equip 4.00
Martins Navarre 66 10.00 Total Liquor Bills 28,019.62
Navarre Hdwe 130.79
N.S.P. 5,991.49 GRAND TOTAL--ALL BILLS 66,562.90