1983-04-05April 5, 1983
REGULAR MEETING
OF THE
CITY COUNCIL
52
Pursuant to due call and notice thereof, a regular meeting of the City Council of
the City of Mound, Hennepin County, Minnesota, was herd at 5341 Maywood Road in
said City on April 5, 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 Attorny Curt Pearson,
City Manager Jon Elam and City Clerk Fran Clark and the following interested
citizens: Mrs. John Wagman, Ron Gehring, John Rocheford, Paul Young, Bob
Veilleux, Marie George, Larry Connolly, Richard Olexa, Janet Snelgrove,
Joyce Clark, Dorothy McQueen.
The Mayor opened the meeting and welcomed the people in attendance.
PROCLAMATION - AMERICAN CANCER SOCIETY
Mayor Polston read and presented a Proclamation proclaiming April as Cancer
Control Month to three representatives from the Amercian Cancer Society,
Joyce Clark, Janet Snelgrove and Dorothy McQueen.
MINUTES
The Minutes of the March 15, 1983, Regular Meeting were presented for consideration.
Paulsen moved and Charon seconded a motion to approve the Minutes of the
March 1S, 1983, Regular Meeting as presented. The vote was unanimously in
favor. Motion carried.
The Minutes of the March 21, 1983, Special Meeting were presented for consideration.
Swenson moved and Paulsen seconded a motion to approve the Minutes of the
March 21, 1983, Special Meeting as presented. The vote was unanimously in
favor. Motion carried.
The City Manager reported back to the Council on Paul Young's complaint
from the March 15th Meeting that City trucks are dumping debris on a City lot
near his home and washing their equipment and leaving mud in the street.
Public Works is dumping the sweepings from the street cleaning on the lot,
but that consists only of dust and dirt. They use this lot to wash the
sweepers because it has two catch basins to collect the run off from the
cleaning. They clean the sweepers. in the afternoon and return the next
morning and sweep the street. Public Works also uses this lot to dump dirt
from watermain breaks.
Mr. Paul Young, 4785 Richmond Road, presented a notorized statement and some
pictures he has taken of the street and the loader on the lot. The Mayor
informed Mr. Young that this was not an Agenda item, merely a report from
the City Manager and if he wanted to speak he would have to wait until
Comments and Suggestions from Citizens Present or asked to be put on a
future Agenda. Mr. Young asked to be put on the next Council Agenda,
April 19, 1983.
PLANNING COMMISSION ITEMS
A. CASE 83-113 - OUR LADY OF THE LAKE CHURCH - LOTS 4, 5, 6, 7, & 8,
GUILFORD'S RGT. OF LOTS IN MOUND BAY PARK - FINAL
SUBDIVISION
53
April 5, 1983
The City Manager explained that this is the first of three items
regarding the Westonka Elderly & Handicapped Housing Project.
1. Final Subdivision of property
2. Public Hearing on a Conditional Use Permit
3. Variances - unit size, parking lot size and number of parking
spaces
He reported that the applicants, Our Lady of the Lake Church and
the Westonka Elderly & Handicapped Housing, Inc. have requested that
all the zoning filing fees on the above be waived. The staff
recommendation would be not to waive the fees because of the staff
time that has been involved in preparation.
The Council agreed with the staff recommendation that the fees not
be waived.
The City Manager explained that the subdivision has been approve by the
Planning Commission and they have recommended the Council approve also.
Peterson moved and Charon seconded the following. resolution.
RESOLUTION #83-5o RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
TO APPROVE THE FINAL SUBDIVISION OF LOTS 4, 5, 6,
7 ~ 8, GUILFORD'S RGT. OF LOTS IN MOUND BAY PARK
(2461 COMMERCE BLVD. - PID #23-117-24 11 0023/0024
The vote was unanimously in favor. Motion carried.
B. CASE 83-109 - WESTONKA ELDERLY ~ HANDICAPPED HOUSING - PUBLIC HEARING -
CONDITIONAL USE PERMIT - LOTS 4,5,6,7 & 8, GUILFORD'S
RGT. OF LOTS IN MOUND BAY PARK
The City Manager explained that the proposed 42 unit multi-family
project is a Conditional Use in the B-1 Business District.
The Mayor opened the public hearing and asked any comments for or
against from the citizens present. There were none. The Mayor closed
the public hearing.
Peterson moved and Charon seconded the following resolution.
RESOLUTION #83-51 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE THE CONDITIONAL USE FOR A
42 UNIT MULTIPLE DWELLING AT 2461 COMMERCE BLVD. ON
LOTS 6, 7, 8 AND PART OF LOTS 4 AND 5, GUILFORD'S
REARRANGEMENT OF LOTS IN MOUND BAY PARK
The vote was unanimously in favor. Motion carried.
C. CASE 83-109 - WESTONKA ELDERLY & HANDICAPPLED HOUSING - VARIANCES,
UNIT SIZE, PARKING LOT SIZE AND NUMBER OF PARKING STALLS -
LOTS 4,5,6,7, & 8, GUILFORD'S RGT. OF LOTS IN MOUND BAY
PAR K
April 5, 1983
The City Manager explained that the Zoning Ordinance requires: unit size
for a one bedroom apartment of 640 square feet; the parking space is 22
spaces per unit, one of which is to be enclosed; and each stall is to be
10 .feet by 20 feet.
54
The applicant has requested the unit size be reduced to 530-539 square feet;
the parking spaces to be all outside in the amount of 23 stalls with
provision for 10 future park sta p es, if needed; and the stall sizes to
be 10 feet by 1$ feet with (2) 12 x 18 handicap stalls. The Planning
Commission has recommended approval of these variances.
Charon moved and Swenson seconded the following resolution.
RESOLUTION #83-52 RESOLUTION TO CONCllR WITH THE PLANNING COMMISSION
TO APPROVE THE VARIANCES AS REQUESTED FOR LOTS 6,7,
8 AND PART OF LOTS 4 AND 5, GUILFORD'S RGT. OF LOTS
IN MOUND BAY PARK (2461 COMMERCE BLVD.) PID #23-117-
- 24 11 0023/0024
The vote was unanimously in favor. Motion carried.
CASE. 83-102 - ROBERT J. VEILLEUX - 5042 TUXEDO BLVD. - LOTS 5 & 6,
WHIPPLE SHORES - PID #2 -117-24 43 0054 -VARIANCE IN
LOT WIDTH
The City Manager explained that this item is being brought back to the
Council from the February 15th Meeting when it was tabled in order to
give Mr. Veilleux and Mrs. George an opportunity to discuss the placement
of a new home on Lot 6 that would not be objectionable to Mrs. George.
Mrs,. George, owner of Lot 7, Whipple Shores, was present and objected
to any home being built on this property because it would not meet the
criteria in the Zoning Ordinance in lot width 60'. Also allowing the.
division of this property into two sites would make two non-conforming
parcels. She also objected because granting the variance would be
detrimental to the value of her property and when a home was built
it would block her view of the lake.
Councilmember Swenson stated that he didn't think the Council should
allow the variance because we would be creating two non-conforming lots.
Mr. Veilleux was present stating that all the houses along Whipple Shores
are close together so he would not be setting a precedent. He has
tried to accomodate Mrs. George by moving the proposed house back from
the lake as far as reasonably feasible.
Paulsen moved and Peterson seconded the following resolution.
RESOLUTION 83-53 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE THE LOT WIDTH VARIANCE
AS REQUESTED FOR LOTS 5 AND 6, WHIPPLE SHORES
(5048 TUXEDO BLVD. - PID #24-117-24 43 0054)
A roll call vote was 3 in favor with Councilmembers Charon and Swenson
voting nay. Motion carried.
55 April 5, 1983
CONDITIONAL USE PERMIT - SfT PUBLIC HEARING DATE - CASE 83-120 - JOHN R.
DREWS - 2337 WILSHIRE BLVD.
Peterson moved and Paulsen seconded a motion to set the date for a public
hearing on allowing a commercial recreation in a B-1 Zoning District for
April 19, 1983, at 7:30 P.M. The vote was unanimously in favor. Motion
carried.
CERTIFICATE OF SURVEY
The City Manager explained that the Building Inspector has asked that the
Council adopt a resolution approving the .form as presented which spells
out the specific information required on Certificate of Survey.
Paulsen moved and Peterson seconded the following resolution.
RESOLUTION #83-54 RESOLUTION ADOPTING THE FORM ON PAGE 623 OF THE
COUNCIL PACKET ENTITLED "INFORMATION REQUIRED ON
CERTIFICATE OF SURVEY
The vote was unanimously in favor. Motion carried.
WATER AND SEWER AVAILABILITY CHARGES
The City Manager explained that the City charges $125.00 each for water
and sewer availability per residence. These funds help cover .future
maintenance costs and the Water and Sewer Dept.'s time in locating water
and sewer lines, etc. The MWCC charges a flat $425 per unit for the
Sewer Availability Charge (SAC). The question is when dealing with a
multiple dwe lling, such as an apartment building, do we charge by unit
or should we be charging by lot area or usage. The MWCC, on public
housing units, charges 75% of a unit for the SAC charge.
The Council indicated they would like to charge by the unit. They asked
the. City Manager to write up a policy for these charges.
COMMENTS & SUGGESTION FROM CITIZENS PRESENT
The Mayor asked if there were any comments or suggestions from the citizens
present. There were none.
The City Manager referred to the problem that Paul Young had brought up
earlier and said that maybe a blacktop mat could be put on the City lot
and with proper drainage that would solve the problem.
BINGO PERMIT
Charon moved and Paulsen seconded a motion to authorize the issue of a
Bingo Permit to the Westonka Seniors, fnc. for the following dates:
4/15/83, 6/17/83, 7/15/83, 8/19/83, 9/16/83, 10/21/83 and 11/18/83
for the hours of 7-9 P.M. and waives the permit fee and bond requirements.
The vote was unanimously in favor. Motion carried.
GAMBLING PERMIT & PARADE PERMIT - SHORELINE EARLY CHILDHOOD DEVELOPMENT CENTER
April 5, 1983
The City Manager explained explained that the Shoreline Early Childhood
Development Center, Inc. is a non-profit, tax exempt organization and is
requesting a Gambling Permit for June 10, 11 and 12, 1983, for the Giant
Sale.
Paulsen moved .and Peterson seconded a motion to authorize the issuance of
a Gambling Permit for June 10, 11, and 12, 1983, for the Shoreline Early
Childhood Development Center, Inc. with the permit fee being waived. The
vote was unanimously in favor. Motion carried.
Shoreline has also asked for a Parade Permit but the City Manager suggested
that the Council not issue this. permit until Larry Connolly, representative
for Shoreline meets with the downtown business people and works out the
details of holding the parade on Saturday morning, June 11, during the
peak shopping time.
Peterson moved and Swenson. seconded a motion authorizing the issuance of
a Parade Permit to Shoreline Early Childhood Development Center, Inc.
when the City Manager is satisfied that all the problems for the businesses
in downtown. Mound have been resolved... The vote was unanimously in favor.
Motion carried.
STREET LIGHTING ITEMS
A. NSP REQUEST TO CONVERT STREET LIGHTING FROM MERCURY VAPOR TO SODIUM VAPOR
The City .Manager explained that NSP has approached the City on converting
our mercury vapor lights to sodium vapor. This would give 12.3 percent
more light for 5.4 percent more in monthly cost. They. would do this over
a 3-4 year period. An initial payment of $5 per unit or $1865 total
would be required for the group replacement of these lights.
The Council discussed the changeover and decided not to take any action
on this item because they could see no reason to change.
B. STREET LIGHTING POLICY
The City Manager has checked several cities and enclosed 5 different
Street Lighting Policies. He is recommending that we write a policy
based on Brooklyn Center's Policy. The Council agreed.
C. STREET LIGHT PETITION - TYRONE LANE-AND CARRICK ROAD
The City .Manager presented the Council with a petition signed by
8 persons in the area of Tyrone Lane requesting that the City place
a street light between Carrick Road and Kildare on Tyrone Lane. The
staff has checked this area out at night and are recommending that
the Council approve the installation of a street light where it has
been requested.
Polston moved and Peterson seconded a motion to approve the installation
of a street light between Carrick Road and Kildare on Tyrone Lane, as
requested in the petition. The vote was unanimously in favor. Motion
carried.
56
57 April 5, 1983
REQUEST FOR EXTENSION - RESOLUTION #81-270 SUBDIVISION APPROVAL - RICHARD OLEXA
The City Manager explained that Mr. Olexa is requesting an extension on
this subdivision approval because he failed to file it within the t year
time limit. Both .the City Engineer and the City Attorney have questioned
this subdivision because it appears to be solely for creating ownership
of lake access, is not an appropriate use of the City`s subdivision
ordinance and the parcel created would not meet zoning code requirements.
Swenson moved and Charon seconded the following resolution.
RESOLUTION #83-55 RESOLUTION APPROVING THE REQUESTED EXTENSION FROM
AUGUST 11, 1982 TO AUGUST 11, 1983
The Council questioned why this was approved in the first place,
based on the Engineer's letter and the City Attorney comments tonight.
Councilmember Swenson stated that he and two others on the Council
now voted in favor on August 11, 1981, and he would vote for the
extension.
A roll call vote was 1 in favor with Mayor Polston, Councilmembers Charon,
Paulsen and Peterson voting nay. Motion failed.
MINNEHAHA WATERSHED DISTRICT NOMINATION TO BOARD OF DIRECTORS
The City Attorney stated that he had heard that the appointments had
already been made. The Council questioned why the Board of County
Commissioners sent this letter on March 16, 1983 for people whose terms
had expired on March 8, 1983, because the letter states, "These nominees
must be submitted to the County Board at least 60 days prior to the
expiration of term of office of that particular manager".
Charon moved and Paulsen seconded the following resolution.
RESOLUTION 83-55 RESOLUTION NOMINATING BRUCE CHARON TO SERVE
ON THE MINNEHAHA CREEK WATERSHED DISTRICT
BOARD OF DIRECTORS AND REQUESTING THE HENNEPIN
COUNTY BOARD OF COMMISSIONERS CONSIDERATION
The vote was unanimously in favor. Motion carried.
The Council directed the City Manager to submit this nomination and
ask why the letter was sent out after the expiration date.
REVISED DOWNTOWN COMMERCIAL REHABILITATION LOAN PROGRAM GUIDELINES
The City Manager stated that there has been one change in these Guidelines.
The following has been added, "Interest subsidy amounts cannot exceed 25%
of the loan amount".
Councilmember Paulsen suggested that we define in the guidelines who the
Downtown Loan Qualification Committee consists of. The City Manager will
add this information. It consists of The Downtown Advisory Committee
Chair, the Planning Commission Chair and the City Manager.
April 5, 1983
58
Charon moved and Paulsen seconded a motion to approve the revised Downtown
Commercial Rehabilitation Loan Program Guidelines with the additions
suggested. This will be Draft #5• The vote was unanimously in favor.
Motion carried.
SHORELINE EARLY CHILDHOOD DEVELOPMENT CENTER REQUEST FOR HUD FUNDS
The City Manager explained that this request for .$4800 .came in after the
approval of the ig83-84 uses of HUD Community Development Block Grant Funds
and their submission to.Hennepin County. In order to consider this request,
the Council would have to hold another public hearing and amend the plan
already submitted.
He explained that there is 100 of the total money available for this type
of grant, but that there are 4 other day care centers in Mound that also
could request funding and that would make all the grants smaller.
Councilmember Paulsen moved that the Council reconsider the uses that have
already been approved and submitted to Hennepin County and. include Shoreline's
request. The motion died for lack of a second.
RADIO PURCHASE REQUEST.
The City Manager reported that the Park Director has done a study of our
present radio system and is recommending the following modifications which
should help eliminate most of .the problems we now have.
1. Trade in 10 year old Street Department radio on new one; re-crystal
four other radios for two channel operation.
2. Purchase a control station for. Public Works office.
3. Install extension at City Hall from Police Control Station to
Administrative Office.
4. Remember to budget in 1884 for trade-in of older radios.
Total cost for the above improvements - $2,051.00.
Swenson moved and Peterson seconded a motion to approve the radio purchase
as requested. Money to be paid out of 1983 Revenue Sharing Funds. The
vote was unanimously in favor. Motion carried.
LIQUOR STORE FINANCIAL REPORT - 1982
The City Manager went over the financial report with the Council. Profit
was down slightly from 1981. The Council discussed the possiblity of
Nels developing an advertising and marketing plan for the Liquor Store.
Swenson moved and Polston seconded a motion that an advertising and marketing
plan be developed for the Liquor Store. The vote was unanimously in favor.
Motion carried.
PAYMENT OF BILLS
Swenson moved and Charon seconded a motion to approve .the bills as presented
on the pre-list in the amount of $63,510.78, when funds are available. A
roll call vote was unanimously in favor. Motion carried.
59
April 5, 1983
INFORMATION AND MISCELLANEOUS
A. H.F. 522 - LIQUOR LAW PROPOSAL - 5 cents per drink excise tax to
reimburse local government units and other state agencies
for a portion of enforcement costs, including additional
patrolling costs between 9:00 P.M. and 300 A.M.
B. MEMO ON THE ANNUAL VOLUNTEER FAIR - April g, 1983 at Westonka Community
Center in Downtown Mound - 10:00 A.M. to 4:30 P.M.
Paulsen moved and Peterson seconded a motion to designate the week of
April 4, 1983, at Volunteer Week in the City of Mound. The vote was
unanimously in favor. Motion carried.
C. HEARING NOTICE ON AL & ALMA'S NEW-DOCK LICENSE AND SITE LINE VARIANCE
L.M.C.D. - Set for April 6, 1883, at Tonka Bay City Hall, 7:30 P.M.
D. TONKA/CETA PROPOSAL - A copy of the Job Placement & Training proposal
on Tonka that Hennepin County CETA submitted to the State and
got funded in the amount of $75,000.
The Council discussed the fact that CETA went off on their own with
this proposal and is not coordinating their efforts with the City
so that duplication does not happen. The City Manager will write
to CETA and point out how coordination would lead to the best use of
their Grant and the City's State Grant of $20,000.
E. METRO REVIEW.- from March 18, 1983
F. TWIN CITIES LABOR MARKET INFORMATION - March 1983
G. HENNEPIN COUNTY SPECIAL REPORT - on solid waste disposal and recovery.
H. BREA KDOWN OF NEW JOBS FILL (HR 1718) - which was passed and signed last
week.
I. UPDATE ON WATER SHUT-OFF PROBLEM
J. MINNEHAHA CREEK WATERSHED DISTRICT - Agenda from March 17, 1983
Minutes from February 17, 1883.
K. MINNEHAHA CREEK WATERSHED DISTRICT - Annual Report for-1982.
L. WESTONKA ELDERLY & HANDICAPPED HOUSING MEETING NOTICE - Set for Tuesday,
April 12, 19 3, to tour the South Shore Park Apartments in
Excelsior.
M. AMM - BULLETIN
N. IND. SCHOOL DIST. #277 MINUTES - from March 14, 1883.
0. BIOGRAPHICAL SKETCH ON CARL POHLAD - from the Corporate Report March, 1983.
Swenson moved and. Charon seconded a motion to adjourn at 9:45 P.M. The vote
was unanimously in favor. Motion car ied. fI
~~~' t
Manager
City Clerk
BILLS----APRIL 5, 1983
Air Comm 96.00 Mound Postmaster 600.00
All Star Electric 1,168.16 MN Chiefs Police Assn 40.00
Earl F Andersen 189.55 Mutual Benefit Life 718.48
Anthonys Floral 25.00 Natl Criminal Justice 16.80
Acro Minnesota 102.63 N.S,P. 4,158.44
Blackowiak ~ Son 56.00 Northland Electric 463.14
Holly Bostrom 350.00 Old Dominion Brush. 591.00
Burlington Northern 533.33 Permatop 120.00
Bradley Exterminating 18.00 Popham, Haik Schnobrick 2,000.42
Blue Cross 427.42 Pioneer Enterprises 95.00
Bloomington Explorer Post 145.00 Pitney Bowes Credit 26.00
James Bloom 35.00 Pierceys Auto Body 115.00
Continental Safety Equip 117.03 Ellora Perron 1,500.00
Fran Clark 175.00 P.E.R. A. 2,500,08
Commiss of Revenue 3,421.63 Curt Pearson 1,400.00
Dependable Services 33.00 J. Rushtons 18.65
D.R,I. Industries 150.48 Real One Acquisition 688.78
Dock Refunds (11) 468.00 Shepherds Rental Rugs 53.00
Jon Elam 16.08 Don Streicher Guns 121.30
Empire Crown Auto 12.25 St. Paul Stamp Works 148.55
Feed Rite Controls 195.65 SOS Printing 142,30
First Bank Mpls 1b. 00 Smoke-Eaters 156.00
Govt Training Service 25.00 Stern Levine ~ Schwartz 4,773.68
Group Health 135.18 State Treas 1,354.90
Henn Co, Treas. 150.00 Travelers Ins 689.31
Wm Husbands 400.00 Thrifty Snyder Drug 6.21
Henn Co. Planning 3,384.82 Twin City Garage Door 88.18
Internatl Conf Bldg Offic 50.00 Uniforms Unlimited 128.15
Jenkins Equip Co. 263.15 Water Products Co. 1,001.13
Internatl Inst. Munic Clrks 185.00 Westonka Sewer & Water 100.00
LOGIS 1,497.95 Bruce Wold 6.00
League of MN Municip. 11.50 Wallin Heating 31.00
Lamba Systems 515.11 Western Life. Ins 44.47
M.F.O.A. 65.00 Xerox 1,688.72
Mac Queen Equip 647.39 Ziegler Inc 52.81
Minnegasco 3.14 State Treas 1,368.80
Mound Explorers 210.00 P.E.R.A. 2,483.22
Minnesota Fire Inc 85.28 Physicians Health Plan 4,630.88
Meta Resources P.A. 65.00 Griggs Cooper ~ Co. 2,455.05
Mound Medical Clinic 5$•00 Johnson Bros Liquor .3,866.38
McCarthy Well Co, 85.00 MN Distillers 1,154.10
Metro Fone 23.60 Old Peoria 185.01
MN City Mgmt Assn 25.00 Ed Phillips ~ Sons 2,176.43
MN Recreation ~ Park Assn 85.00
Minnetonka Sportsmen 70.00
Minn Comm 28.75
State of MN Documents 5.50
Mpls Oxygen Co. 44.40
MN Form Printing Serv 752.00
McLean Trucking 28.44
Mound Fire Relief 2,750.00 TOTAL BILLS 63,510.78