1983-06-21105
REGULAR MEETING
OF THE
CITY COUNCIL
June 21, 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 June 21, tg83, at 7:30 P.M.
Those present were: Mayor. Bob Polston, Councilmembers Pinky Charon and Russ
Peterson. Councilmembers Gary Paulsen and Gordon Swenson were absent and
excused. Also present were: -City Manager Jon Elam, City Attorney Curt
Pearson, City Planner Mark Koegler, City. Engineer John Cameron, City Clerk
Fran Clark and the following interested citizens: Kenneth ~ Deborah Smith,
Paul Henry, Phil ~ Sharon Naugen, Tim & June Johnson, Tim Chamberlain, Rock
Lindlan, Ron Gehring, Steve Smith, Sylvia Ogren, Jon Nelson, Tom Morris anal
Steve Collins.
The Mayor opened the meeting and welcomed the people in attendance.
MINUTES
The Minutes of the June 7, 1983, Regular Meeting were presented for consideration.
Peterson moved and Charon seconded a motion to approve the Minutes of the
June 7, 1983, Regular Meeting as presented.. The vote was unanimously in favor.
Motion carried.
The Minutes of the June 14, 1883, Board of Review were presented for
consideration. Charon moved and Peterson seconded a motion to approve the
Minutes of the June 14, 1983, Board of Review as presented. The vote was
unanimously in favor. Motion carried.
CASE #83-225 - PAUL HENRY - 5056 SULGROVE ROAD - LOTS 7,8,13,14,15 ~ PART OF
6, BLOCK 2 WHIPPLE - PUBLIC .HEARING FOR CONDITIONAL USE PERMIT
The City Manager explained that the applicant is asking to be allowed to
construct a 936 square foot detached accessory building on his property.
Mr. Henry lives in an R-2 zoning district and Section 23.407(3) states,
"No accessory building shalt exceed i0% of the lot area, and in no case
exceed 840 square feet of floor area except by Conditional Use Permit."
The Planning Commission has reviewed the request and does recommend approval
with conditions:
1. The combination of the above aforedescribed property parcels;
2. The accessory building is to maintain a minimum elevation of 933.5'
above sea level (minimum flood elevation) with Minnehaha Creek
Watershed District approval.
3. The accessory building is to be used for the applicant's personal
belongings and vehicles.
The City Attorney suggested that one more condition be added to the resolution:
4. That no other accessory building will be allowed.
The Council agreed.
The Mayor opened the public hearing and asked for any comments for or
against the granting of this Conditional Use Permit.
June Johnson - 5238 Sulgrove Road - asked about the specific location
of the property. The City Manager explained.
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June 21, 1983
There were no other comments. The Mayor closed the public hearing.
Charon moved and Peterson seconded the following resolution:
RESOLUTION #83-107 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE THE CONDITIONAL USE FOR
A 936 SQUARE FOOT DETACHED ACCESSORY BUILDING ON
LOTS 7,8,13,14,15 ~ PART OF 6, BLOCK 28, WHIPPLE -
PJD #'s 25-117-24 12 0184/0185/0190/0191 ~ 0198
The vote was unanimously in favor. Motion carried.
CASE #83-223 - CATALYST PROPERTIES, INC. - PART OF LOT 27, LAFAYETTE PARK
LAKE MINNETONKA - CONDITIONAL USE PERMIT FOR A PLANNED
DEVELOPMENT AREA ~ VARIANCE FROM THE MINIMUM SIZE PROVISIONS
OF SECTION 23. 12.2 1
The City Manager reported that the Developer Jon Nelson has met with all
the surrounding property owners, addressed their concerns and the Planning
Commission has recommended approval with the following conditions:
1. No conveyance shall occur until the property is platted in
conformance with the subdivision ordinance of the City of Mound
and MSA 462.358 and that all bylaws, home owner's association
articles of incorporation, and protective covenants must be
approved by the City Attorney and filed with the recorded plat.
2. Cash in the amount of $5,500 in lieu of land shall be accepted in
fulfillment of the open space and park land dedication requirements
as outlined in Section 22.37 of the City Code.
3. All improvements required under Section 22 of the City Code shall be
constructed by the developer at his/her sole costa A surety bond
shall be required in an amount designated by the City Engineer.
4. An escrow account in the amount of $3,000 shall be established to
cover all engineering, administrative and legal expenses pertaining
to the processing of the PDA. Any balance remaining upon completion
of the project shall be returned to the depositor.
5. Approval is contingent upon the review and approval of City Staff of
the final landscaping, utilities, grading, and drainage plans and
City Council's approval of the preliminary plat and developer's
contract.
6. The applicant shall secure the necessary access easements from the
City after review and approval of plans by the State Health Board."EX H. A"
Any other access except the easement depicted on the West side of
the City pumphouse shall required further review and approval by the
City Counci.
7. The applicant shall be required to secure all approvals from other
agencies such as the Watershed District, LMCD, etc.
The City Planner explained that if this is approved it will be the preliminary
approval and the final approval in one resolution.
June 21, 1983
Jon Nelson,- Catalyst Properties, lnc. explained that he has developed
residential, commercial and industrial areas.. They have been working on
this project since early this year, have met with the City Staff and the
Planning Commission, revised their plans and now feel. they have a viable
plan. They would construct 9 condominiums and 1 twin home.. It will have
13 indoor parking spaces and 11 outdoor spaces. The twin home will be
for the caretaker and a caretaker's assistant. The platting will consist
of g condominiums and l twin home with the remainder of the land to be
Commons area.
The Mayor opened the public hearing and .asked for any comments for or
against this item.
Sylvia Ogren - 1755 Lafayette Lane -owner of home and vacant lot East
of the pump house stated the fo]lowing:
1. She ds against a road on the East side of the property.
2. She does not want over crowding..
3. Would like to work with the developer in landscaping
the area that abuts her property.
Tom Morris - 1838 Commerce Blvd. - stated he was. not officially notified
of this project until this public hearing notice. He is
against the increase in channel use this development will
cause.
The developer assured Mrs. Ogren that he will work with her on the land-
scaping of the property abutting hers.
The City Manager explained to Mr. Morris that the City does not have to
notify persons around a proposed development until the public hearing.
As far as the lake use goes,.the LMCD and the Watershed District govern
that, not the City of Mound.
The Mayor closed the public hearing.
There was discussion on the easement for the driveway on the west side of
the property. The developer will secure the necessary access easements
from the City after review and approval of .plans by the State Health
Board .
Charon moved and Peterson seconded the following resolution:
RESOLUTION #83-108 .RESOLUTION TO CONCUR WITH THE PLANNING COMMISSLON'S
RECOMMENDATION TO APPROVE THE CONDITIONAL USE PERMIT
FOR A PLANNED DEVELOPMENT AREA AND A VARIANCE FROM
THE MINIMUM SIZE PROVLSIONS OF SECTION 23.412.2(1)
OF THE CITY CODE FOR CONSTRUCTfON OF A NINE UNIT
RESIDENTIAL CONDOMINIUM AND ONE TWIN HOME BY CATALYST
PROPERTIES, INC.
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING - REALLOCATION OF 1982-83 CDBG FUNDS
107
The City Manager explained that the purpose of this reallocation is to make
minor adjustments in the existing funds. The changes will incorporate the
purchase of the senior citizens housing property and the paint-up, fix-up grants.
108
June 21, 19$3
The Mayor opened the public hearing and asked for comments from the citizens
present. There were none. The Mayor closed the public hearing.
Peterson moved and Charon seconded the following resolution:
RESOLUTION #83-109 RESOLUTION APPROVING THE REALLOCATION OF THE
CITY OF MOUND'S YEAR Xill (1982-83) COMMUNITY
DEVELOPMENT BLOCK GRANT FUNDS
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING - DELINQUENT UTILITY BILLS
The Mayor opened the public hearing and asked for any comments from the citizens
present on the list of delinquent utility bills. There were none. The Mayor
closed the public hearing.
Charon moved and Peterson seconded the following resolution.
RESOLUTION #83-110 RESOLUTION APPROVING THE DELINQUENT UTILITY BILLS IN
THE AMOUNT OF $2,392.34 AND AUTHORiZ1NG THE STAFF TO
SHUTOFF WATER SERVICE FOR THESE ACCOUNTS
The vote was unanimously in favor. Motion carried.
PROPOSED SUBDIVISION - LOST LAKE ADDITION - SET DATE FOR PUBLIC HEARING
Charon moved and Peterson seconded a motion to set July 19, 1983, at 7:30
P.M. fora public hearing on the proposed subdivision of the Lost Lake
Addition. The vote was unanimously in favor. Motion carried.
COMMENTS s SUGGESTIONS FROM CITIZENS PRESENT
There were no comments or suggestions from the citizens present..
MAINTENANCE PERMIT - KENNETH R. SMITH - BRIGHTON COP1MONS
The City Manager explained that Mr. Smith is requesting permission to rebuild
the bank, terrace it and rebuild the washed out retaining walls in front of
his home on Brighton Commons. He would also like to build stairs down to the
lake. The Park Commission has recommended approval of the Maintenance Permit.
Peterson moved and Charon seconded a motion to authorize the issuance of
a Maintenance Permit to Kenneth R. Smith, 2927 Cambridge Lane for work as
described above on the Brighton Commons in front of his home. The vote was
unanimously in favor. Motion carried.
LIQUOR LICENSES
The City Manager explained that applications have been received for the
renewal of the following liquor licenses:
1. Donnie's on the Lake - Class A - On Sale for Restaurant
Class B - Sunday License
109
June 21, 1983
2. Minnetonka Post 398 (American Legion Post) - Club On Sale Liquor License
3. Chamberlain-Goudy UFW Post 5113 - Club On Sale Liquor License
4. Al ~ Alma's Supper Club - Wine License and Set-Up Permit
5. Three Points Tavern - Set-Up Permit
The renewal period for above licenses is July 1, 1983 through June 30, 1984.
Peterson moved and Charon seconded a motion to approve the renewal and
issuance of the above liquor Licenses. The vote was unanimously in favor.
Motion carried.
REPURCHASE OF 2 CEMETERY LOTS - ELLENGENE GILLESPIE-FISHER
The City Manager explained the Ellengene Gillespie-Fisher has asked that
the City repurchase 2 cemetery lots from her. There is a provision in
Chapter 5, Section 5.035 of the City Code covering this repurchase of
cemetery lots by the City for the original. sale price. In this case each
lot sold for $200.
Peterson moved and Charon seconded a motion approving the City's repurchase
of 2 cemetery lots from Ellengene Gillespie-Fisher for $200.00 each. The
vote was unanimously in favor. Motion carried.
APPOINTMENT OF MARK KOEGLER AS CITY CONSULTING PLANNER
The City Manager stated that Mark Koegler of VanDoren, Hazard & Stallings has
submitted a proposal to be the City of Mound Consulting Planner. Mark has
presented this proposal to the Planning Commission and they have recommended
approval.
Polston moved and Charon seconded the following resolution.
RESOLUTION #83-111 RESOLUTION APPOINTING MARK KOEGLER AND THE FIRM
OF VAN DOREN, HAZARD ~ STALLINGS AS THE CITY OF
MOUND CONSULTING PLANNERS.
The vote was unanimously in favor. Motion carried..
REQUEST FOR TEMPORARY. HOME - 2121 GRANDVIEW
The City Manager explained that Steve Collins is requesting approval to
place a travel trailer at 2121 Grandview Blvd. for 90 days. The reason
for this request is to repair their home at that same address which was
damaged by fire. He will. be receiving electric power from the neighbor
until his is restored; his water and sewer is provided in the home.
T-Ise-~P~i~am~-i-s~ g--f~oc-~~+ i s s i on has . re~or~d•ed-~-a~a-~-. ^ -a-vt,c.c.~.~.-~,, . 7 > 5 . ~ ,3 . ;: ~~. a.~.a~
Peterson moved and Charon seconded the following resolution.
RESOLUTION #83-112 RESOLUTION APPROVING THE PLACEMENT OF A TRAVEL
TRAILER AT 2121 GRANDVIEW BLVD. FOR 90 DAYS
The vote was unanimously in favor. Motion carried.
110
June 21, 1983
LEASE AGREEMENT - DOW-SAT OF MINNESOTA - ANDERSON BUILDING
The City Manager explained that Smith Heating and Air Conditioning is
vacating the Anderson Building on June 30, 1983. Dow-Sat of Minnesota,
our cable T.V. company, would like to lease this space until their
building is built. They. will be using the space for cold storage only.
Charon moved and Peterson seconded a motion to authorize the Mayor and
the City h1anager to enter into a lease agreement with Dow-Sat of Minnesota
for approximately 1,000 square feet of the Anderson Building. The lease
to be on a month to month basis. The rent per month to be $100.00. The
vote was unanimously in favor. Motion carried.
TENNIS COURT PETITION - THE BLUFFS
The City Manager presented a petition, signed by 25 residents of The Bluffs,
requesting that a tennis court be built on the land presently called "The
Tot Lot" on Bluffs Lane. They would like the costs to be against the residents
of The Bluffs over a period of up to 10 years.
Peterson moved and Charon seconded the. following resolution.
RESOLUTION #83-113 RESOLUTION DECLARING ADEQUACY OF PETITION FOR
IMPROVEMENT AND ORDERING PREPARATION OF REPORT
ON PARK AND RECREATION IMPROVEMENTS - (TENNIS
COURTS - THE BLUFFS)
The vote was unanimously in favor. Motion carried.
ORDINANCE AMENDMENT - CHAPTER 46 OF THE CITY CODE
The City Manager reported that Section 46.29, subd. 57 (aa) currently reads
as follows: "No parking on the west side of Cardigan Lane from Denbigh Road
south to the dead end." Because Cardigan Lane is an extremely narrow street
with housing only on the east side of the street, this ordinance allows
residents to park in front of their homes. The Fire Department has advised
the residents not to park in front of their home because if there were a
fire, parking there would prohibit a fire vehicle from being in the best
position to suppress a fire and aid injured persons. The Police Chief has
therefore recommended the ordinance be changed to permit parking on the
west side of Cardigan Lane and prohibit parking on the east side.
Peterson moved and Charon seconded the following:
ORDINANCE #451 AN ORDINANCE AMENDING CHAPTER 46 OF THE CITY CODE BY
REPEALING SECTION 46.29 (b), SECTION 57, SUBSECTION
aa. AND AMENDING SECTION 46.29 (b), SECTION 46 BY
ADDING (b.) UNDER "AND NO PARKING ON THE EAST SIDE OF
CARDIGAN LANE FROM DENBIGH-ROAD SOUTH TO THE DEAD END"
The vote was unanimously in favor. Motion carried.
June 21, 1983
CONTINENTAL TELEPHONE RATE INCREASE
The City Manager reported that Continental Telephone has filed fora $7,212.120
annual rate increase. This. would put $4.9 million into effect on July 26, for
and overall increase of 23.25 percent. The remaining $2.3 million will not go
into effect on July 26, but will go into rates should the Commission .act
favorably on that aspect of their filing. What this means to the City's telephone
users is a residence would increase from $21.90 now to $28.30 per month.
The City of Mound spent $20,000 last year to intervene and-only gained $1.60
per month off their proposed increase per month. The City Manager asked the
Council what their thoughts were on intervening again this year. Mayor
Polston stated he would be interest in the public's reaction on whether
they desire to have the Council take on another intervention this year.
The remainder of the Council agreed. No action was taken.
SIDEWALK SAFETY PROGRAM
The City Manager reported that Police Chief Word and Officer Gary Cayo,
Police Explorer Advisor, have developed a program using the Explorers to
monitor the crosswalks. This would involve the Explorers getting license
numbers of cars failing to yield at the crosswalks and the police department
then following-up and contacting the offenders to let them know of the
infraction. This monitoring would be done during the peak hours of
12:00 Noon to 1:30 P.M. and 3:00 P.M. to 5:00 P.M. Weekdays and 10:00 A.M.
to 2:00 P.M. on Saturdays. The Council thought this was a very good idea
and thought i-t should start as soon as possible.
PAYMENT OF BILLS
Charon moved and Peterson seconded a motion to approve the bills as presented
on the pre-list in the amount of $68.,042.29, when funds are available. A
roll call vote was unanimously in favor. Motion carried.
MISCELLANEOUS/INFORMATI-0N
A. Special Meeting of the Park Commission -June 23, 1983, at 7:30 P.M.
regarding a special tribute to Councilmember Gordon Swenson who has
submitted his resignation due to health reasons.
B. Final copy of Lake Minnetonka Task.Force Report
C. Letter from City Prosecuting Attorney - Regarding recent prosecution
legislation.
D. Clipping on Tonka Corporation - June 6, 1983, St. Paul Pioneer Press/
Dispatch
E. League of Cities Convention Handouts - regarding staying out of court:
planning and zoning
F. Westonka Chamber Waves - June 1983•
112
June 21, 1983
G. Metropolitan Council - Review - May 27, 1983
H. Minnehaha Creek Watershed District - Notice of Meeting June 21, 1983 and
Minutes of May 19, 19 3 meeting.
I. Local Planning Assistance Newsletter - Spring 1883
J. HUD Grant Approval - City of Mound for $100,000 for "Revolving Loan
Fund" for. the business district.
K. WOODCREST SUBDIVISION
The City Attorney advised that First Southdale National Bank has agreed
to settle with the City for the costs of bringing Deerwood Drive and
Setter Circle up to City of Mound standards. The amount agreed upon
is $7,336.86 and will cover all the City's expenses except the attorney's
fees. If the .Council agrees to the settlement, they should authorize
the City Attorney to execute release on behalf of the City.
Charon. moved and Polston.seconded the following motion authorizing the
City Attorney to execute a release on behalf of the City,regarding the
Woodcrest Subdivision; releasing the letter of credit from the First
Southdale National Bank; and accepting the $7,336.86 the bank has agreed
to pay the City. The vote was unanimously in favor. Motion carried.
L. APPLICATION FOR LAWCON GRANT
The City Manager suggested that we keep as many options as possible
going for the Lost. Lake area. In doing that, we could have Mark Koegler,
Planner, prepare a small Lawcon application proposing the Lost Lake area
for a nature area. The money for this would not be available until
1984. The Council thought this was a good idea.
Peterson moved and Charon seconded a motion to adjourn at .9:00 P.M. The
vote was unanimously in favor. Motion carried.
am, City Manager
z~ V
Fran' Clark, C i ty~C~ler
BILLS----JUNE 21, 1983
Badger Meter 110.67 Jon Elam 10.15
Blackowiak ~ Son 105.00 First Bank Mpls 16.00
Bryan Rock Prod 334.15 Farmers Steel 62.35
Bill Clark Standard 3,532.76 Gerrys Plumbing 41.75
Robert Cheney 3.34.00 Eugene Hickok & Assoc 2,518.97
Continental Telephone 1,141.62 Lyman Lumber 5.82
Dept Employee Relation 69.00 Lyman Lumber 30.40
Jon Elam 172.77 McCombs Knutson 4,623.00
Empire Crown Auto. 105.11 Minnegasco 122.70
Feed Rite Controls 290.72 Wm Mueller ~ Son 2,369.95
Glenwood Inglewood 59.80 Munitech, Inc. 7.50
Hawkins Chemical 1,198.54 MN Recreation ~ Park 70.00
Illies & Sons 4,850.00 Minn Comm 28.75
Robert E. Johnson 31.90 Mp)s Oxygen 21.00
LOGIS 1,428.62 Jack McLard Hoist 259.96
The Laker .651.16 N.S.P. 4,135.80
Long Lake Ford Tractor 29.51 Oswald Fire Hose 614.11
Marina Auto Supply 453.12 Popham Haik 1,247.94
Minnegasco 132.75 Quality Industries 4,441.50
Mound Fire Dept 3,387.80 Marjorie Stutsman 15.00
Navarre Hdwe 154.36 Suburban Tire 386.56
N.S.P. 5,292.15 Thurk Bros. Chev 85.25
Don Rother 15.00 Widmer Bros. 2,160.64
Shepherds Rug Rent 26.50 Westonka School Dist 277 55.00
Spring Park Car Wash 128.70 West Henn Human Serv 388.00
Unitog 233.42 Westonka Community Serv 57.00
Water Products 52.05 Xerox 996.07
Duane's 66 12.00
Firemen 7 @ 275 1,925.00
Griggs Cooper 2,579.74
Johnson Bros. Liquor 3,169.14
Johnson Paper 143.50
Mound Postmaster 600.00
City of Mound 82.51 TOTAL BILLS 68,042.29
MN Assn Cable Tv 11.00
Old Peoria 2,696.92
Ed Phillips 1,883.11
Police Officers 6 @ 160.00 960.00
Registrar-Dept Conferences 220.00
Nels Schernau 24.20
Greg Skinner 182.68
Air Comm 100.00
Earl F. Andersen 2,222.35
Badger Meter 118.59
Holly Bostrom 144.00
Burlington Northern 533.33
Bury ~ Carlson 344.00
Jan Bertrand 57.00
Borchert Ingersoll 19.44
Coast to Coast 111.33
Davies Water Equip 810.10
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