1983-03-1542
REGULAR MEETING
OF THE
CITY COUNCIL
March 15, 1983
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 March 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 Attorney Curt Pearson,
City Engineer John Cameron, Building Inspector Jan Bertrand, City Manager Jon
Elam, City Clerk Fran Clark and the following interested citizens: Mrs. John
Wagman, Ron Gehring, Mr. & Mrs. Jerry Henke, Robert Wroda, Alan Elam, Becky
Stoltz, Dave Moore, Mrs.. Ketcher, Paul Young.
The Mayor opened the meeting and welcomed the people in attendance.
MINUTES
The. Minutes of the March 1, 1883, Regular Meeting were presented for consideration.
Paulsen moved and Peterson seconded a motion to approve the Minutes of the
March 1, 1983, Regular Meeting as presented. The vote was unanimously in favor.
Motion carried.
PUBLIC HEARING - CASE.#83-101 -AMENDMENT TO ZONING MAP - LOTS 16 & 17, BLOCK 3,
SHIRLEY HILLS UNIT "A" - PID #13-117-24 44 0037
The City Manager explained that this is a request to change these lots to R-3
(two-family) district from and R-2 (single family) district so-the existing
structure can be remodeled for a duplex.. The abutting properties on, the north
are zoned R-3 but most are single family dwellings. He then remined the Council
that the City Attorney has advised that there are only two reasons to amend the
map: 1, The City made a mistake when it orginally zoned the area.
OR
2. There has been a clear change in the neighborhood.
The Mayor opened the public hearing and asked for comments from the citizens
present.
The following people spoke against the amendment because they want the area
keep as single family residential: Jerry Henke, Becky Stoltz, Mrs. Ketcher,
Al Elam and Bob Wroda. Mr. Henke submitted three pictures of the property
showing debris on it.
Dave Moore, prospective buyer, stated that the debris came from the inside of
the house and will be removed tomorrow. He does not own the property yet and
cannot be held responsible for the problems that occurred in the past. He
plans to keep the property very clean and bring it up to code. It has the
required square footage for the R-3 zoning district.
The Mayor closed the public hearing.
Councilmember Paulsen stated that he felt there has not been a change in
the neighborhood and the zoning was. not incorrect.
43 March 15, 1983
The City Manager stated that the Planning Commission recommended denial
of the request.
Paulsen moved and Charon seconded the following resolution.
RESOLUTION #83-39 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION AND DENY THE REQUEST TO AMEND THE
ZONING MAP - LOTS 16 & 17, BLOCK 3, SHIRLEY HILLS
UNIT "A" - PID #13-117-24 44 0037
The vote was unanimously in favor. Motion carried.
CASE #83-106 - RON GEHRING - SUBDIVISION OF PROPERTY - LOTS 3-8 & 11-13,
BLOCK 9, AVALON PID #19-117-23 31 0022
The City Manager explained that this item is connected to item #4 a public
hearing for a conditional use permit for twinhomes with zero lot line.
The subdivision must be done before a conditional use permit can be considered.
He stated that the Planning Commission has approved this final subdivision
if Parcel."E" is combined with one of the abutting parcels of land because
if it is not it would be landlocked and the Council cannot approved a
subdivision with a landlocked parcel. Mr. Gehring stated that he does not
plan on building on Parcel "E" and would be happy to combine with Parcel
"F" making one Parcel "EF".
The Council then moved. on to Item #4.
PUBLIC HEARING - CASE #83-107 - RON GEHRING - CONDITIONAL USE PERMIT FOR
ZERO LOT LINE TWINHOMES - LOTS 1 2 3,4 5 6 14 & 15 BLOCK g
AVALON PID #19-117-23 31 0022
The City Manager went through Ordinance #444 relating to zero lot line twin-
homes and dealing with the conditional uses in the R-3 district. He
explained that the City has not down-graded the minimum required.
The City Attorney suggested that in the Declaration of Convenants, Conditions
and Restrictions the City of Mound be the beneficiary. Mr. Gehring agreed to
have this done.
The Mayor opened the public hearing and asked for comments from the citizens
present on the conditional use permit request. There were no comments. The
Mayor closed the public hearing.
The following action was then taken on the subdivision request first and
the conditional use permit second.
Paulsen moved and Charon seconded the following resolution.
RESOLUTION #83-40 ftESOL.UTION TO APPROVE THE FINAL SUBDIVISION OF PARCELS
"C", "D", "EF", ''G", BLOCK 9, AVALON, PID #19-117-23 31
0022, AMENDING RESOLUTION 82-325 FOR PARCELS "F" AND
..G..
The vote was unanimously in favor. Motion carried.
March 15, 1x83
Swenson moved and Paulsen seconded the following resolution.
RESOLUTION #83-41 RESOLUTION TO CONCUR WITH THE PLANNING AND ZONING
COMMiS510N RECOMMENDATION TO APPROVE THE CONDITIONAL
USE PERMIT FOR ZERO LOT LINE TWINHOMES ON PARCEL "A",
"B", "C", AND "D", ALL IN BLOCK 9, AVALON -
PID #19-117-23 31 0022, INCORPORATIIIG THE DECLARATION
OF COVENANTS, CONDITLONS & RESTRICTIONS NAMING THE
CITY OF MOUND AS THE BENEFICIARY
The vote was unanimously in favor. Motion carried.
CASE #83-111 - DUANE BARTH - VARIANCE - PART OF LOT 1, FIRST REARR. OF PHELPS
ISLAND PARK 1ST DIV. - PID #19-117-23 13 0002
The City Manager explained that the .existing living room portion of the house
was built in 1960 and is 35 feet from the shoreline. The zoning ordinance
requires a 50 foot setback now. The request is to add dormers on the house
fora bedroom and bathroon addition and changing the roof line on the existing
nonconforming house. The Planning Commission has recommended approval of this
variance.
Swenson moved and Peterson. seconded the following resolution.
RESOLUTION #83-42 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE
PLANNING COMMISSION TO APPROVE THE VARIANCE FOR PART
OF LOT 1, FIRST REARRANGEMENT OF PHELPS ISLAND PARK
1ST DIVISION - PID #19-117-23 13 0002
The vote was unanimously in favor. Motion carried,
CASE #83-112 - MIKE HiLBELINK - SUBDIVISION/LOT SPLIT - LOTS 7,8,9, & 10
BLOCK l DEVON - PID #25-117-2411 0062
The City Manager explained that the applicant wants to subdivide his lots
by splitting off approximately three feet from Lot 8 to go with Lots g and
10 so existing structure on Lot 9 will have a sixe foot side (rear) yard.
He will also take out a demolition permit for the garage on Lot 8 to be
removed. The Planning Commission has recommended approval.
Swenson moved and Charon seconded the following resolution.
RESOLUTION #83-43 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE THE FINAL SUBDLVISION FOR
LOTS 7, 8, g AND 10, BLOCK 16, DEVON (4877 HANOVER
ROAD) PID #25-117-24 ]1 0062
The vote was unanimously in .favor. Motion carried.
4521 MANCHESTER ROAD - RESOLUTION #82-236. - MATT PHILLIPPI - SEWER ~ WATER
rnNNFrTinNc
The City Manager explained that on Sept. 7, 1982, the City Council adopted
Resolution #82-236 which listed required repairs to 4521 Manchester Road.
One of these was that the property have separate water and sewer connections
to each structure.
44
45
March 15, 19$3
The Building Inspector now reports that-all the repairs except the separate
sewer and water connections appear to be completed and that the houses
seem to be occupied.
The Council all agreed that the Staff should hold to the ordinance
on the sewer anal water connections. The City Attorney suggested that the
Staff notify Mr. Phillippi, with copies to the tenants, that he is not in
conformance to Resolution #82-236 and if he does not conform the water
service will be terminated to his property at 4521 Manchester Road.
FINAL PLAT - LANGDON'S LANDING
The .City Manager explained that the developers of Langdon's Landing are
now ready for final plat approval. The City Engineer suggested two items
to be included in the proposed resolution of approval.
1. That the developers change the easement between Lots 5 and 6 to
accomodate the storm sewer or move the storm sewer to conform with
the easement they have proposed.
2. That the developers prove there is an easement from the sanitary sewer
on the east and north line of the plat (between Lots 3 and 4) on the
adjoining property (PID #23-117-24 13 0024) to run inline with the
existing manhole on the adjoining property.
Dennis Marhula, of Westwood Engineering representing the developer,agreed
to the above. The Planning Commission recommended approval.
Paulsen moved and Peterson seconded. the following resolution.
RESOLUTION #83-44 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
TO APPROVE THE FINAL PLAT OF LANGDON'S LANDING
SUBDIVISION WITH THE 2 ADDITIONS
The vote was unanimously in favor. Motion carried.
Mr. Marhula questioned the amount to be escrowed in A.3, of the resolution.
The Staff informed him that they would have to check the expenses that have
already been. incurred. Mr. Marhula was also told that anything that is not
used would be refunded to the developers.
DELINQUENT UTILITY BILLS - PUBLIC HEARING
The Mayor opened the public hearing on the delinquent utility bills in arrears
six months or longer. There were no comments. The Mayor closed the public hearing.
Swenson moved and Charon seconded the following resolution.
RESOLUTION 83-45 RESOLUTION APPROVING THE DELINQUENT UTILITY BILLS
IN THE AMOUNT OF $4,074.00 AND AUTHORIZING THE STAFF
TO TERMINATE WATER SERVICE FOR THESE DELINQUENT
ACCOUNTS
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.
March 15, 1983
Paul Young, 4785 Richmond Road stated that .there is a swamp area near
his home that Public Works uses to wash .their equipment
and it washes mud into the street which gets .tracked into
his driveway and .home. He also stated that Public Works
uses this same area as a dump site for concrete,etc. He
would like both practices discontinued.
The City Manager stated that he is not aware of any dumping
in that area by Public Works but would check on it.
PAY REQUEST - HARDRIVES - 1981 MSA STREET PROJECT
46
The City Manager explained that this is a final payment request and is
the result of 1 years negotiating with Hardrives who initially requested
$48,099.60. That number was reduced. through negotiations to $16,577.70. Upon receipt
of this final payment, Hardrives agrees to complete the following items
during the 1983 construction season:
1. Bartlett: Patch cracks and joints and seal coat same areas patched.
2. Tuexdo: Patch all areas in need of patching and seal coat ravelled
areas, approx. 1600 lin. ft.
Councilmember Swenson stated that Bartlett Blvd. needs more than just patching
because it was blacktopped on top of water and. is not holding up. He felt
patching was not enough.
John .Cameron, City Engineer, explained that that Bartlett Blvd. project was
finaled out in February 1982, and the City really has nothing to make
Hardrives do anything to the road. He and the City Attorney have used this final
payment as a lever and gotten Hardrives to agree to the two items above.
The City Attorney stated that if we deny or continue this payment request,
the City is leaving itself open to the original payment request of $48,099.60
not the negotiated $16,577.70.
Swenson moved and Polston seconded a motion to continue this item until the
2nd Meeting in April (April 19, 1983) and directing John Cameron to do soil
borings on Bartlett Blvd. and analyze the condition of the road, meet with
Hardrives and see what can be negotiated on doing the work that needs to
be done on that road. Cameron to report back to the Council April 19, 1983•
DISASTER MUTUAL AID AGREEMENT
The City Manager explained that this Agreement was initiated by the North
Star Chapter of Building Officials to allow mutual aid for building inspection
if there were a disaster.
Peterson moved and Swenson seconded the following resolution.
RESOLUTION #83-46 RESOLUTION TO APPROVE A DISASTER MUTUAL AID AGREEMENT
FOR BUILDING INSPECTION SERVICES
The vote was unanimously in favor. Motion carried.
47
March l5, 1983
BINGO PERMITS
Swenson moved and Peterson seconded a motion to authorize the issuance of
Bingo Permits to the VFW Post #5113 and Auxiliary and-the Westonka Seniors,
Inc., waiving the fee and the bond requirements. The vote was unanimously
in favor. Motion carried.
GAMBLING PERMIT
Swenson moved and Peterson seconded a motion to authorize the issuance of
a Gambling Permit(renewal) to the Chamberlain Goudy VFW Post #5113• License
to expire January 31, 1984. The vote was unanimously in favor. Motion
carried.
SET DATE FOR PUBLIC HEARING - CABLE T.V. PROPOSAL
Swenson moved and Peterson seconded a motion to set the date fora public
hearing on the Cable T.V, proposal from Dowden Communications, Inc. for
March 21, 1983, Monday, at 7:30 P.M., in the Council Chamber at City Hall.
The vote was unanimously in favor. Motion carried.
BUDGET REVISION - 1983 HOSPITAL/DENTAL COSTS
Charon moved and Swenson seconded the following resolution.
RESOLUTION #83-47 RESOLUTION TO ADOPT THE REVISED HOSPITAL/DENTAL
COSTS FOR 1983
The vote was unanimously in favor. Motion carried.
QUOTATION FOR UPGRADING SEWER LIFT STATION A3 (SUNSET ROAD
The City Manager explained that two quotations were received to upgrade the
sewer lift station on Sunset Road. They were:
Tri-State Drilling & Equipment Co. $9,964.00
Technical Factors, Inc. $8,036.00
Peterson moved and Paulsen seconded a motion to approve the quotation of
Technical Factors, Inc. in the amount of $8,036.00 for the upgrading of
sewer lift station #A3 (Sunset Road). The vote was unanimously in favor
Motion carried.
WATER UTILITY BILL WORK-OFF
The City Manager explained that in Savanna, I11. a hospital is allowing
unemployed patients to work off their bills by doing chores like painting,
landscaping and carpentry. He was thinking about implementing a similar
program for people who have delinquent utility bills in the City of Mound.
He asked the City Attorney what his thoughts on this were and Curt feels
there are some real potential problems for the City in proceeding. Some
of these problems would be workers compensation claims or some injury or
aggravation of a prior condition.
The Council discussed the pros and cons of this program and all felt it
was a good idea, but that the City should not take a chance on the
liability aspect. No action was taken.
48
March 15, 1983
FARMERS MARKET REQUEST
The City Manager has received a request from the Harvest Pantry Coop to
again sponsor a. farmers market in Mound. This year they would like to
use the parking lot across from the House of Moy because it is close to
their newly opened shop. They are requesting about 24 parking spaces
(12 on both sides of the lot).
Councilmember Peterson suggested that ,maybe they should use the other
end of the parking lot so they wouldn't tie up the end closest to the
business district. The City Manager stated he would coordinate this
program with the businesses.
Paulsen moved and Charon ..seconded a motion to approve the .Harvest Pantry's
Farmers Market to be hold on Saturday mornings :from mid-July until mid-
October in the downtown Mound parking lot. The vote was unanimously in
favor. Motion. carried.
BILLS
Swenson moved and Charon seconded a motion to approve the bills are presented
on the pre-list in the amount of $102,286.37, when funds are available. A
roll call vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
A. Letter from City Attorney on Status of Legal Affairs in the City.
Councilmember Swenson questioned.several of the items in this letter.
They were: Mound v. Kemp and Longley v. Mound.
B. American Legion Post #398 Gambling Report-for February, 1983.
C. Mill Rate for Hennepin County.
D. Report on Homelessness and Hunger in Minnesota from the Governor's Office.
E. Westonka Chamber of Commerce Newsletter - March, 1983•
F. Ind. .School Dist. #277 Minutes - February 14, 1983.
G. Lake Minnetonka Mayor's Association Minutes from December 16, 1882.
H. Express Notes - Hennepin County Transportation Coordination Program.
I. Congressman Sikorski: Notes of dates of Town Meetings.
J. Humphrey Institute March Newsletter
K. Newclippings on Revenue Sharing Increase proposal.
The City Attorney then asked the Council if they would hold an Executive
Session in order for him to discuss 2 lawsuits. One is a proposed
settlement and the other is to ask the Council for direction.
Paulsen moved and Peterson seconded a motion to call an Executive Session.
Time 8:10 P.M. The vote was unanimously in favor. Motion carried.
4g
March 15, 1983
The Council came back from Executive Session at 10:05 P.M. and took the
following action.
Swenson moved and Charon seconded a motion to authorize a settlement
of $1500.00 in the case of Perron v. Mound. The vote was unanimously.
in favor. Motion carried.
Swenson moved and Charon seconded a motion authorizing the City Attorney
and the City Manager to retain technical advice to assist the City in
sewage litigation. The vote was unanimously in favor. Motion carried.
MAYOR POLSTON
The Mayor stated that now the Met Council is redistricting and Mound will
be in the same district as Hassen. Dick Sherman from Hassen is putting
in his bid for the Council seat from our district. He has excellent
credentials and would do a good job for Mound and the district. The
Mayor asked that the Council pass a resolution endorsing Dick Sherman
for the position of representative for this district and send it to
Gen Olson and John Burger.
Swenson moved and Charon seconded the following resolution.
RESOLUTION # 83-48 RESOLUTION ENDORSING DICK SHERMAN FOR REPRESENTATIVE
OF OUR DISTRICT OF THE METROPOLITAN COUNCIL
The vote was unanimously in favor. Motion carried.
Paulsen moved and Charon seconded a motion to adjourn at 10:10 P.M. The
vote was unanimously in favor. Motion carried.
o Elam, City Manager
Fran Clark, City Clerk
BILLS-----MARCH 15, 1983
Applebaums
Anthonys
Acro-Minnesota
Gayle Burns
Brooklyn Prk Police Dept
Robert Byrnes
Badger Meter
Blackowiak ~ Son
Holly Bostrom
Butler Paper
Butchs Bar Supply
Chris Bollis
Bradley Exterminating
Jan Bertrand
Commissioner of Revenue
Robert Cheney
Bi11 Clark Standard
Coast to Coast
Continental Tele
Coca Cola Bottling
Gary Cayo
City Club Distrib
Mike David
Dept Property Taxation
Davies Water Equip
Dependable Services
Day Distrib
Ditch Witch of MN
Don David Ins.
Explorer Post 9929
East Side Beverage
Jon Elam
Feed Rite Controls
Govt Training Serv.
Gold Medal Beverage
Glenwood Inglewood
Henn Co. Tress
Henn Co. Sheriff Dept
Halprin Supply
Johnson Paper ~ Supply
I.B.M.
Illies ~ Sons
Information Publishers
J.B. Distributing
Island Park Skelly
Kromer Co.
Kool Kube Ice
The Laker
Doris Lepsch
Lutz Tree Service
Little Giant Indust.
Mound Explorer Post 776
Mound Postmaster
19.75
25.00
98.02
28.53
20.00
42.04
1,742.40
56.00
350.00
130.14
74.00
40.03
19.00
19.24
3,300.16
334.00
1,998.55
73.64
1,129.86
181.27
4.88
2,414.00
740.00
228.86
161.82
33.00
1,979.98
2,000.00
83.00
225.00
2,282.50
16.38
159.25
75.00
88.30
43.80
757.50
100.98
682.94
143.50
107.25
1,013.50
173.00
78.00
21.00
23.75
47.50
24.85
15.00
1,895.00
295.00
240.00
600.00
' -----_
Mutual Benefit Life 573.79
City of Mound 41.51
Mound Fire Dept 2,822.60
Mound Postmaster 75.00
Metro Waste Control 26,126.47
City of Minnetrista 125.00
Marina Auto Supply 401.18
McCombs Knutson 1,338.00
City of Mpls 34.00
Minnegasco 2,741.40
Mound Super Valu 99.65
Wm Mueller & Sons 2,586.69
Midwest Wine 893.15
Monarch Foodservice 62.10
Metro Fone Communications 11.80
Martins Navarre 66 30.00
Natl. League of Cities Adv~cs°1`,710.00
Navarre Hardware 240.95
N.S.P. 5,961.78
NCR Corp. 100.70
A.J. Ogle Co. 1,656.30
Planning & Development Serv 1,032.50
Perms Top 105.00
Pepsi Cola 242.25
Pogreba Distrib 2,831.70
Physicians Health Plan 4,637.88
Michael Polley 39.00
Barry Palm 740.OD
Regal Window Cleaning 10.75
Real One Acquisition 675.00
Shepherds Rental Rugs 53.00
Spring Park Car Wash 114.10
Terry 5incheff 386.75
Standard Spring 386.90
Suburban Tire 8.50
State of MN Weights ~ Mess 240.00
Twin City Home Juice 30.24
Thurk Bros Chev 259.57
Tri State Drilling 658.22
Thorpe Distrib 3,794.45
Village Chev 803.00
Water Products 19.25
Widmer Bros. 1,503.60
Griggs, Cooper 3,599.50
Johnson Bros. Liquor 2,953.03
Old Peoria Co. 1,549.97
Ed. Phillips ~ Son 1,443.87