1983-05-03May 3, 1983
REGULAR MEETING
OF THE
CITY COUNCIL
74
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 May 3, 1983, at 730 P.M.
Those present were: Mayor Bob Polston, Co-uncilmembers Pinky Charon, Gary Paulsen,
and Russ Peterson. Gouncilmember Swenson was absent and excused. Also present
were: City Attorney Curt Pearson, City Engineer John Cameron, City Planner
Mark Koegler, Police Chief Bruce Wold, Cable T.V. Consultant Tom Creighton,
City Manager Jon Elam and City Clerk Fran Clark and the following interested
citizens: Mr. & Mrs.. R. Juhl, Robert Hilstrom, Jeannie Simonson, Terrance
Nelson, Bill Winter,. Mary Winter, Robin Winter, Robert Marquardt, Bob and
Margie Thrift, Douglas Anderson.
The Mayor opened the meeting and welcomed the people in attendance.
MINUTES
The Minutes of the April 19, 1983, Regular Meeting were presented for consideration.
Charon moved and Peterson seconded a motion to approve the Minutes of the
April 19, 1983, Regular Meeting as presented.. The vote was unanimously in favor.
PUBLIC HEARING - "ON ~ OFF SALE BEER LICENSES" - THREE POINTS TAVERN
The Mayor opened the public hearing and asked for comments from the citizens
present.
Richard Juhl, 1688 Finch Lane - stated that since Mr. Hillstrom and the
previous owner took over Three Points Tavern they have done a
wonderful job. They have controlled the litter problem and the
noise.
Bob Marquardt, 1721 Eagle Lane - asked that the Mr. Hillstrom and the
Council assure him that the Commons docks will not be used for
commercial docking for the tavern.
Mr. Hillstrom stated the City Manager had already informed him of this
and that he would not use these docks for customer boat dockage.
The Mayor closed the public hearing.
Paulsen moved and Peterson seconded a motion authorizing the issuance of
"On and Off Sale Beer Licenses" to Robert Hillstrom, DBA Three Points Tavern.
The vote was unanimously in favor. Motion carried.
The City Manager. explained that Mr. Hillstrom is also requesting an Enter-
tainment License, so that he can have a guitar player and singer.
Mayor Polston asked the City Attorney if the City could impose conditions
on the issuance of an Entertainment License to limit the number of entertainers.
The City Attorney stated he saw no reason why the City could not impose
certain conditions. He also advised that the Council incorporate Section
38.25 into these conditions because that would deal with excess noise.
75 MaY 3, 1983
Peterson moved and Paulsen seconded a motion to authorize the issuance
of an Entertainment License to Robert Hillstrom, DBA Three Points Tavern
with the following conditions:
1. Limiting the number of entertainers, not to exceed (2) two.
2. Incorporating Section 38.25 of the City Code, which is as
follows with "music" substituted for the word "dance":
"Clamorous Noises Restricted No person shall conduct himself
blatantly by shouting, yelling, hooting, whistling or singing,
no shall any licensee allow the protracted playing or clamorous
music, either unamplified or amplified, either live or by
mechanical means, which will disturb the peace, comfort and
repose of persons beyond the immediate environs of the place in
which the music is being played."
The vote was unanimously in favor. Motion carried.
CASE #83-114 - WILLIAM D. WINTER, 3343 WARNER LAND - LOT 59, WHIPPLE SHORES
SIDE YARD VARIANCE
The City Manager explained that the applicant has worked with the Planning
Commission and come up with a 2 foot side. yard setback variance, rather
than 2, 4 foot side yard variances. He will conform on the north side
yard setback with this plan. The Planning Commission has approved this
variance.
Peterson moved and Charon seconded the following resolution.
RESOLUTION #83-72 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE A 2 FOOT SIDE YARD SETBACK
VARIANCE AS REQUESTED FOR LOT 59, WHIPPLE SHORES
(PID #25-117-24 21 0128) (3343 WARNER ROAD)
The vote was unanimously in favor. Motion carried.
Councilmember Peterson complimented the Planning Commission on working with
the applicant and resolving the problems in a manner that was advantageous
to both.
CASE #83-122 - TERRANCE A NELSON, 4555 MANCHESTER ROAD, LOTS 16 & 17, BLOCK
1 AVALON - SIDE YARD s REAR YARD VARIANCES
The City Manager explained that the applicant is requesting a side yard and
rear yard variance to place an attached garage 3 feet from the side property
line and g feet from the rear property line. He is also asking for recognition
of the road access easement as part of this property for driveway purposes.
The reason for this is that the neighbor behind the applicant didn't have
access to Cumberland Road when the house was built and he took access from
Manchester. Now Cumberland Road goes thru and he can gain access from
Cumberland. There is a 26.6 foot easement (part of Lot 15) that has been
shared by the two homes for driveway and is dedicated as part of the deeds.
The Planning Commission recommended approval of these variances with the
stipulation that a survey be furnished before the issuance of a building permit.
May 3, 1985
Paulsen moved and Peterson seconded the following resolution.
RESOLUTION #83-73 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE A 6 F00T REAR YARD AND
A 7 FOOT SIDEYARD VARIANCE AS REQUESTED FOR LOTS 16
& 17, BLOCK 14, AVALON (PiD #19-117-23 31 0099)
The vote was unanimously in favor. Motion carried.
SET DATE FOR PUBLIC HEARING - PROPOSED AMENDMENT TO THE ZONING MAP AND
CONDITIONAL USE. PERMIT (PID 13-117-24 34 0046/0047/0048/0048)
The City Manager explained that the Planning Commission has unanimously
turned this down because of density, but as the City Attorney has pointed
out in the past, the applicant still has the right to appeal to the Council.
Paulsen moved and Charon seconded a motion to set May 17, 1983, at 7:30 P.M.
as the date and time .fora public hearing on an amendment to the Zoning Map
and Conditional Use Permit for PID #13-117-24 34 0046/0047/0048/0048.
The vote was unanimously in .favor. Motion carried.
The City Manager then introduced Mark Koegler of Schoell & Madsen as
Rob Chelseth's replacement as City Planner while Rob in gone. Mr. Koegler
related some of his background as a planner; Regional Planner in DesMoines,
Planner for the City of Chanhassen and now with Schoell & Madsen..
LIFT STATION REPLACEMENT PUMPS
The City Manager explained that
Hanson Pump for the replacement
Hanson Pump cannot deliver for
solicited. Two were received:
Waldor Pump
Tri-State Drilling
since the Council approve the quotation of
of pumps at the lift station on Sunset Road,
financial reasons so quotations were again
$8,036.00
$9,272.00
Peterson moved and Paulsen seconded the following resolution.
RESOLUTION #83-74 RESOLUTION TO APPROVE THE QUOTATION OF WALDOR PUMP
IN THE AMOUNT OF $8,036.00 FOR THE REPLACEMENT PUMPS
FOR THE LIFT STATION ON SUNSET ROAD
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.
Mr. Doug Anderson, 4812 Leslie Road - complimented the City on the
fantastic job it has-.done at the Island Park Playground
with one exception, the type of backstop that is being
.used. He had 17 softballs in his yard on Saturday. He
spoke to Chris Bollis, Park Director, last year and
there was no money available to remedy the situation.
The City Manager stated that he will see what the City can do
to improve the backstop.
76
n
77 May 3, 1983
TAX FORFEIT PROPERTY - DISPOSITION
The City Manager explained that a lot of work has gone into researching these
properties to decide what the disposition should be. All department have
been contacted and given a chance to provide input. Now they should be
ready to be dealt with.
Charon moved and Peterson seconded the following resolution.
RESOLUTI-0N #83-75 RESOLUTION APPLYING FOR CO NVEYANGE OF TAX-FORFEITED
LANDS
The vote was unanimously in favor. Motion carried.
Peterson moved and Paulsen seconded the following resolution.
RESOLUTION #83-76 RESOLUTION RECONVEYING CERTAIN TAX FORFEIT LANDS
BACK TO THE STATE, IF NECESSARY, 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.
Peterson moved and Polston seconded the following resolution.
RESOLUTION #83-'77 RESOLUTION RELEASING CERTAIN TAX FORFEIT LANDS
TO HENNEPIN COUNTY FOR PUBLIC AUCTION AND
CERTIFYING THE SPECIAL ASSESSMENTS
The vote was unanimously in favor. Motion carried.
HALSTED AVENUE STREET IMPROVEMENT
The City Engineer reported that he has prepared a report on the upgrading
of 150 feet of Halsted Ave. which lies in ,the very westerly portion of the
City. There are three possibilites for this upgrading.
Alternate #1 - would involve minimum grading and only a bituminous mat
approximately 20 feet wide to match the existing Minnetrista
paving with no curb or storm sewer. The proposed construction
for this alternate would not proceed past the termination
of Halsted Ave. right-of-way. Estimated Cost $5,850.00.
The three property owners petitioning would each be assessed
$1,950.00.
Alternate #2 - This alternate would carry Alternate #1 a step further,
and would include making a minimum 40° cul-de-sac in the
turn around beyond Lot 17 and on Lots 1, 2, and 3, Halsted
Heights. This would be on private property and would
require the City to acquire the land or an easement.
Estimated Cost $13,625.00. Suggested assessment:
The petitioners (Lots 15, 16 & 17, Halsted Park) would
be assessed $1,850.00 each; the City would pay 15% of the
total project and $5,730 would be assessed against Lots 1
2 and 3, Halsted Heights.
May 3, 1983 78
Alternate #3 - Since there is a dedicated right-of-way to the east
in Halsted View, there would be 133 feet across Lots
1 thru 5, Halsted Heights which would have to be
acquired in order to connect the existing street to
the proposed cul-de-sac. Estimate Cost $47,100.00.
The Engineer suggested that a greater portion of the
assessment be placed against the state owned land
in Halsted View since the inprovement would give this
property access and make it more valuable than it is now.
They assumed that 9 new parcels would be created including
the three on state land. Each of the possible building
sites created, except for the state land, would be
assessed 2 unit charges plus footage and area using
the same dollar figures as Alternate 2. Lots 15, 16
& 17, Halsted Park would be charged $1,950.00. If
9 new parcels were created, the three parcels on state
land would be paying approximately $8,700 each whereas
the other 6 would be assessed approximately $2,535.00
each.
The Council discussed all three alternates and decided to only do what
has been petitioned or Alternate #1.
Peterson moved and Charon seconded the following resolution.
RESOLUTION #83-78 RESOLUTION AGCEP7ING THE REPORT ON ALTERNATE #1
AND CALLING FOR A PUBLIC HEARING ON THE IMPROVEMENT
OF HALSTED AVENUE
The vote was unanimously in favor. Motion carried.
GARDEN LEASE
Charon moved and Peterson seconded a motion authorizing the Mayor and City
Manager to enter into a lease agreement with the Ray Kramer's for the
City Land by Well #3 to be used as garden space for 1 year at a cost of
$1.00. The vote was unanimously in favor. Motion carried.
EXTENSION OF RESOLUTION #82-84 - PRELIMINARY PLAT APPROVAL OF LOST LAKE ADDITION
Charon moved and Peterson seconded the following resolution.
RESOLUTION #83-79 RESOLUTION GRANTING AN EXTENSION OF RESOLUTION #82-84
(APPROVING THE PRELIMINARY PLAT OF LOST LAKE ADDITION_
FOR ONE YEAR, UNTIL APRIL 6, 1984
The vote was unanimously in favor. Motion carried.
CABLE T.V. FRANCHISE ORDINANCE
Tom Creighton, Cable Consultant, was- present and explained he has tried to
address problems that might come up in the future in this ordinance. He
briefly went over some of the highlights of the ordinance with the Council.
79
May 3, 1983
Councilmember Paulsen moved that the following be deleted from Article IV.,
Section 1, subsection B - "Further, Grantee in its Offering pledged that
it would not offer X-rated programming that offended the standards of
decency of the City." He stated he was doing this because he felt by
adopting this line the City was engaging in censorship.. There was no
second to the motion. Motion dies.
Charon moved and Peterson seconded the following:
ORDINANCE #446 AN ORDINANCE, INCLUDLNG ADDENDUM WITH EXHIBITS,
GRANTING A FRANCHISE TO DOW-SAT OF MINNESOTA,
.INCORPORATED TO OPERATE AND MAINTAIN A CABLE
COMMUNICATION SYSTEM IN THE CITY; SETTING FORTH
CONDITIONS ACCOMPANYING THE GRANT OF FRANCHISE;
PROVIDING FOR REFULATION, AND USE OF THE SYSTEM;
AND PRESCRIBING PENALTIES FOR THE VIOLATION OF
ITS PROVISIONS
The vote was unanimously in favor. Motion carried.
ORDINANCE AMENDMENT - LIABfLITY INSURANCE (DRAM SHOP) FOR INTOXICATING,
NON-INTOXICATING LIQUOR AND WINE LICENSES
The City Attorney explained that due to 1982 legislation the City should
amend Chapter 11 of the City Code by adding Section 11.80.
Paulsen moved and Peterson seconded the following:
ORDINANCE #447 AN ORDINANCE ADDING SECTION 11.80 TO THE CITY CODE
RELATING TO LIABILITY INSURANCE FOR RETAIL SELLERS
OF INTOXICATING LIQUOR, NON-INTOXICATING LIQUOR AND
WINE AT ON SALE OR OFF SALE
The vote was unanimously in favor. Motion carried.
STREET LIGHT POLICY
The City Manager presented the Street Light Policy the Staff has worked up
for approval. The City Attorney made 2 minor changes.
Peterson moved and Polston seconded the following resolution:
RESOLUTION #83-80 RESOLUTION TO APPROVE THE STREET LIGHT POLICY
FOR THE CITY OF MOUND
The vote was unanimously in favor. Motion carried.
ANDERSON BUILDING LEASE TO MIKE SMITH
The City Manager explained that Mr. Smith would like to continue leasing
approximately 1,000 square feet of the Anderson Building on a month to month
basis for $100.00 per month.
Peterson moved and Charon seconded a motion to authorize the Mayor and the
Manager to enter into a lease agreement with Mike Smith, DBA Smith Heating
and Air Conditioning for approximately 1,000 square feet of the Anderson
Building at a cost of $100.00 per month. Lease to be on month to month basis.
The vote was unanimously in favor. Motion carried.
May 3, 1983
PAYMENT OF BILLS
Charon moved and Peterson seconded a motion to approve the bills as presented
on the pre-list in the amount of $97,410.23, when funds are available. A roll
call vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
80
a. TONKA NEWS RELEASES - 1st Quarter Report and notice that Tonka has retained
Security Pacific Financial Services to assist them in planning for new
uses for the Tonka buildings in Mound and Spring Park.
The City Manager gave a brief report on his meetings with Tonka, stating
that there are several business expressing an interest in the buildings.
He also stated that there was a meeting with CETA last week on their
training and re-employment program. At that meeting were representatives
from CETA, Ind. School Dist. 277, Tonka Corporation, Mayor Polston and
the City Manager. They all agreed to form a Community Coordinating
Committee which would facilitate communications between all the involved
parties. This-Committee will consist of: 1 representative from the
City of Spring Park, the City of Mound, Ind. School Dist. #277, and
Hennepin Vo-Tech Schools.; 2 representatives from Tonka Corporation
management, Tonka Corporation employees, and Hennepin County CETA.
B. LETTER FROM NSP ON REPLACING STREET LIGHTS
C. LETTER ON CDBG PROGRAM - Notice of General meeting/jobs bi]l additional
appropriation to CDBG Program - May 9, 1983, 1:30 P.M., Minnetonka City Hall.
D. LAKE MINNETONKA TASK FORCE DRAFT REPORT - dated June, 1983
E. IND. SCHOOL DISTRICT #277 MFNUTES - From April 11, 1983, Meeting
F. LEAGUE OF MINNESOTA CITIES ANNUAL CONFERENCE - June 14-17, 1983 - Please
let Fran know if you will be attending.
G. FLYER FROM WEST HENNEPIN HUMAN SERVICES
H. LETTER ON ADULT CORRECTIONS FACILITY - decrease in rates and new billing
system.
I. L.M.C.D. MEMOS - on Boat Lighting and Registration, Running Lights,
Agenda for the April 27th meeting, Minutes of the March 23, 1983 meeting.
J. LETTER FROM GEN OLSON - Answer to letter City Manager wrote regarding
the filing of variances and conditional use permits with the County.
K. APPROVED PARKING LOT FOR ICE CENTER
L. REPORT ON WATER PATROL FOR 1982
M. REPORT ON THE PAINTER CREEK WATERSHED
REQUEST TO BE PUT ON AGENDA
The City Manager reported that the Town Square Project representatives have
asked to be put on the Agenda June 7, 1983.
81 May 3, 1983
Paulsen moved and Charon seconded
7, 1983 Council Agenda. The vote
SPRING CLEAN-UP QUOTATIONS
The City Manager reported that we
Clean-Up to be held on May 16, 17
Illies & Sons
Westonka Sanitation
a motion to put Town Square on the June
was unanimously in favor. Motion carried.
received 2 quotations for the Spring
and 18, 1983.
$4,800.00
$5,100.00
Charon moved and Peterson seconded the following resolution.
RESOLUTION #83-81 RESOLUTION APPROVING THE QUOTATION OF ILLIES
AND SONS, IN,THE AMOUNT OF $4,800.00, FOR THE
SPRING CLEAN-UP TO BE HELD MAY 16, 17 & 18, 1983
The vote was unanimously in favor. Motion carried.
PARADE PERMIT
The City Manager reported that the V.F.W. has requested a parade permit
for the May 30th, Memorial Day Parade.
Charon moved and Paulsen seconded a motion to approve a Parade Permit for
the May 31th, Memorial Day Parade. The vote was unanimously in favor.
Motion carried.
TONKA TOYS WATER METERS
The City Manager reported that the Water Dept. will be upgrading the four
water meters at the Tonka Toys plant. 2 bids were received: one from
Badger Meter for@$1,.356.69 and one from Davies Water Products for@$1,456.00.
The City will pay for these meters so that the City will own all rights to
the meters.
Polston moved and Charon seconded the following resolution.
RESOLUTION #83-82 RESOLUTION TO APPROVE THE BADGER METER BID OF
$2,71~.~~ FOR TWO WATER METERS TO BE INSTALLED
AT THE TONKA TOYS PLANT
The vote was unanimously in favor. Motion carried.
CDBG YEAR IX FUNDS
Charon moved and Peterson seconded the following .resolution.
RESOLUTION #83-83 RESOLUTION APPROVING THE PROPOSED PROGRAM FOR USE OF
YEAR IX CDBG FUNDS BY THE CITY AND AUTHORIZES
SUBMITTAL OF THE PROPOSAL TO HENNEPIN COUNTY FOR
CONSIDERATION
The vote was unanimously in favor. Motion carried.
Charon moved and Peterson seconded a motion to adjourn at 10:00 P.M. The vote
was unanimously in favor. Motion Carrie /h
-~~~ ~~~ Jon lam, City Manager
Fran Clark, City Clerk
BILLS-----MAY 3, 1983
Air Comm
All Star Electric
Anchor Paper
Acro-Minnesota
Badger Meter
Holly Bostrom
Burlington Northern
Babler Automotive
Bowman Distribution
Braun Engineering
Jan Bertrand
Borchert Ingersoll
The Brass Bell
Fran Clark
Dependable Services
Dictaphone
D ~ V Sales
Fire Control
Geotechnical Engineering
Henn Co. Tress
Hoffman Shoe Repair
Henn Coop Seed Exch
Henn Co. Sheriff
Interntl Conf Bldg Offic.
Instrumentation Serv.
Lawco Co.
McCombs Knutson
Mound Locksmith
Munitech, tnc.
Metro Fone
Mpl s Star i; Tr i b
Mtka Boat-Auto Clean
Natl Roofing Contractors
Office Products of MN
Popham Haik
Pitney Bowes
Real One Acquisition
Don Streicher Guns
Stevens Well Co.
Thrifty Snyder Drug
V ~ R Heating
Wurst Pearson Hamilton
Waconia Ridgeview Hosp
Widmer Bros
Woodland Venture
96.00
474.39
174.18
238.80
848.47
266.00
533.33
1 ,440. o0
253.33
981.75
46.84
16.52
29.70
20.75
33.00
64.00
299.65
69.80
1,436.00
5,397.00
4.00
128.50
56.10
12.00
61.00
31.60
2,411.00
18.00
303.40
23.60
134.40
59.95
10.00
170.00
1,781.45
26.00
675.00
706.15
204.35
15.99
150.00
6,641.89
6.88
232.00
7.50
Xerox Corp
State Tress
P. E.R. A.
Michael Callinan
Commiss of Revenue
Steve Grand
Griggs, Cooper
Johnson Bros. Liq
Mound Postmaster
City of Mound
Midwest Wine
City of Mound
Mound Postmaster
Metro Waste Control
Old Peoria
bavid Nelson
Jerry Palmer Ford
Charles Pugh
Ed Phillips
State Bank of Mound
State Treas.
Jacqulyn Segnor
Security Alarm
Univ of MN
TOTAL BILLS
48.50
1,448.76
2,462.78
50.00
4,878.58
36.16
2,545.09
4,051.33
600.00
35.52
563.00
252.50
118.80
26,126.47
1,348.24
67.00
17079.64
35.00
3,275.25
5,000.00
264.15
35.00
386.18
110.00
97,410.23
C~v ~d. P