1983-08-09136
August 9, 1983
REGULAR MEETING
OF THE
CITY COUNCIL
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 August 9, 1983, at 730 P.M.
Those present were: Mayor Robert Polston, Councilmembers Pinky Charon, Phyllis
Jessen, Gary Paulsen and Russ Peterson. Also present were: City Manager Jon
Elam, City Attorney Curt Pearson, City Engineer John Cameron, City Planner
Mark Koegler, Building Official Jan Bertrand, City Clerk Fran Clark and the
following interested citizens: Ron Gehring, Buss Sycks, Vince Coughlin, Bud
Stannard, Kaye Westerlund, Bill Koenig, Harley Jordan, Hilary Hortsch, Ron
Norstrem, Bill Husbands and Mr. & Mrs. Prince.
The Mayor opened the Meeting and welcomed the people in attendance.
MINUTES
The Minutes of the July 19, 1.983, Regular Meeting were presented for consideration.
Paulsen moved and Charon seconded a motion to approve the Minutes of the July 19,
1983, Regular .Meeting, as submitted. The vote was unanimously in favor. Motion
carried.
2. The Minutes of the July 20, 1983, Special Joint Meeting of the City Council and
the Mound Housing and Redevelopment Authority were presented for consideration.
Paulsen moved and Peterson .seconded a motion to approve the Minutes of the
July 20, 1983, Special Joint Meeting, as submitted. The vote was unanimously
in favor. Motion carried.
3. KRAUS-ANDERSON/MOUND TROLLEY BOAT CENTER
The City Manager explained that the City has received a letter from Kraus-
Anderson Realty Co. regarding the Lost.-Lake site which the Mound Trolley Boat
Center has an option to purchase.. Kraus-Anderson is looking toward a "predom-
inently residential" concept for this property which also might include
ancillary uses including recreational and special commercial- that compliment
the housing component.- Their interest in pursuing this development concept
further is predicated on the availability of City participation in the project
and a more definitive survey of the primary market area (Mound being primary
and the surrounding areas being secondary). They are requesting the opportunity
to explore, with the City, the prospects of a preliminary agreement with the
City of Mound wherein Kraus-Anderson's development team, at its own expense,
would immediately proceed on a detailed study of the site's potential while
the City, simultaneously, would:
1. Designate Kraus:-Anderson as developer of this site.
2. Undertake a tax increment feasibility study for this site.
3. Commission a consultant to-undertake and complete the housing market
survey described above.
Kraus-Anderson is asking that they be a participant in both the consultant
selection process and in the drafting of the scope of work to insure that the
final product is sufficient to form the basis for a marketing program. It
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August 9, 1983
is also their intention to .share the information they develop with the City
as it is generated.
A letter has also been received from the Mound Trolley Boat Center, lnc.
agreeing with the points. outlined above in the Kraus-Anderson letter.
Peterson moved and Charon seconded the following resolution:
RESOLUTION #83-133A-RESOLUTION DESIGNATING KRAUS-ANDERSON REALTY CO.
AS THE OFFICIAL DEVELOPER OF THE LOST LAKE SITE
WHICH THE MOUND TROLLEY BOAT CENTER, INC. HAS AN
OPTION TO PURCHASE
The vote was unanimously in favor. Motion carried.
Peterson moved and Jessen seconded the following resolution.
RESOLUTION #83-134 RESOLUTION AUTHORIZING THE UNDERTAKING OF A PRELIMINARY
TAX INCREMENT FEASIBILITY STUDY ON THE LOST LAKE SITE
LIMITING COSTS TO UP TO $2,500.00
The vote was unanimously in favor. Motion carried.
Charon moved and Peterson seconded the following resolution:
RESOLUTION #83-135 RESOLUTION TO. COMMISSION A CONSULTANT TO UNDERTAKE
AND COMPLETE THE HOUSING MARKET SURVEY DESCRIBED IN
THE KRAUS-ANDERSON REALTY LETTER DATED JULY 19, 1983
The vote was unanimously in favor.. Motion carried.
4. LOST LA KE WETLANDS PLAN
City Planner Mark Koegler presented a plan for the Lost Lake wetlands that
he had prepared fora preliminary application fora LAWCON Grant. Because
of the action taken above on the Lost Lake site, the City has decided not
to apply for LAWCON funds-this year but will keep this-plan on file and
incorporate it into the development site. It is a plan that will be an
asset to the community with a canoe access, floating walkways and obser-
vation towers. The Council decided to table any action on this item until
next year fora possible application for LAWCON funds.
PLANNING COMMISSION ITEMS
5. CASE #83-238 - HARLEM JORDAN, 2193 CEDAR LANE - LOT 18 ~ SOUTH 38 FEET OF LOT
19, BLOCK 2, ABRAHAM LINCOLN ADDN. LAKESIDE PARK - PID #13-117-
2 32 0015 - 14 FOOT FRONT YARD VARIANCE
The City Manager explained that Mr. Jordan has applied for a 14 foot front
yard variance to allow the construction of a two story attached 24' by 24'
garage with living area above. It would be within 16 feet of the Church
Road right-of-way property line at the closest point and an additional 6
feet (plus or minus) to .the curb line of the street. The required setback
for the R-3 Zoning District is 30 feet. The Planning Commission has
recommended approval of this variance due to .the shape of the lot.
Peterson moved and Charon seconded the following resolution:
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August 9, 1983
RESOLUTION #83-136 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE THE FRONT YARD 14 FOOT
VARIANCE AS REQUESTED FOR-LOT 18 AND THE SOUTH 38
FEET OF LOT lg, BLOCK 2, ABRAHAM LINCOLN ADDITION
LAKESIDE PARK - PID #13-117-24 32 0015
The vote was unanimously in favor. Motion carried.
6. CASE #83-238 - HILARY HORTSCH, 5226 LYWOOD BLUD. - METES & BOUNDS DESCRIPTION
IN BLOCK 2, REARRANGEMENT OF BLOCK 10, ABRAHAM LINCOLN ADDITION
TO LAKESIDE PARK -.PID #13-117-24 3 0017 - NONCONFORMING LOT,
NO PUBLIC RIGHT-OF-WAY
The City Manager explained that Mr. Hortsch has applied for a variance on a
nonconforming lot which does not front on an improved public right-of-way to
allow the construction of a second story over an exi-sting garage foundation
and to do structural foundation repairs to his existing house wall.
Mayor Polston asked if there was any way to make the lot conforming as far
as abutting a public right-of-way. Mr. Hortsch stated all the properties
back in this area have private easements to the public right-of-way. The
City Attorney stated that because of the private easements granted for
each property owners there should be no problem with the property not abutting
a public right-of-way.
The Planning Commission. has reviewed the application- and does recommend
approval of_the variance to allow the homeowner reasonable use of his property.
Polston moved and Peterson. seconded the following resolution:
RESOLUTION #83-137 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROUE STRUCTURAL EXPANSION ON
A NONCONFORMING LOT FOR PID #13-117-24 320017 IN
BLOCKS 1- AND 2, REARRANGEMENT OF BLOCK 10, ABRAHAM
LINCOLN ADDITION TO LAKESIDE PARK (5226 L.YNWOOD BLUD.)
The vote was unanimously in favor. Motion carried.
7. CASE #83-241 - RON NORSTREM, 4957 ISLAND VIEW DRIVE - LOTS 4,5 ~ 6, BLOCK 23
DEVON - PID #25- 117-2 12 0003 - RECOGNIZING EXISTING NONCON-
FORMING GARAGE; VARYING LAKESHORE & REAR YARD SETBACK
The City Manager explained. that Mr. Norstrem has applied for variances to
construct a deck and addition to his home and has had previous approval as
per Resolution #81-86 with current building permits to construct that addition
to his home. The variance is recognizing an existing nonconforming detached.
garage structure on the property, to allow a .2 foot setback to the property
line and a l7 foot (plus or minus) setback to the Lakeshore at the closest
paint inclduing the deck which was previously approved under Resolution #81-86.
He is now requesting approval to add another addition and deck to his first
proposal. The new deck will be set back 1.4 feet from the property line and
approximately 62 feet (plus or minus) to the Lakeshore. The Planning Commission
recommended approval of these variances to allow the property owner reasonable
use of his land.
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August 9, 1983
Polston moved and Peterson seconded the following resolution:
RESOLUTION #83-138 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE THE VARIANCES AS REQUESTED
FOR LOTS 4,5 ~ 6, BLOCK 23, DEVON - PID #25-117-24
12 0003
8
The vote was unanimously in favor. Motion carried.
CASE #83-243 - KEVIN HETCHLER, 4913 ISLAND VIEW DRIVE - LOT 14, BLOCK 14
DEVON -.PID #25-117-2 ll 00 3 - NONCONFORMING LOT SIZE,
FOOT SIDE YARD VARIANCE AND STRUCTURE SIZE
The City Manager stated that the Hetchlers have asked that this item be
postponed until the August 23rd meeting because of a death in the family.
They have requested, however, that the Council amend Resolution #82-250 to
allow the changing of the roof pitch from flat to angled on the east side
of their residence. The Building Official explained that this was mistakenly
left out of Resolution #82-250 and that the Planning Commission has recommended
approval of the amendment.
Peterson moved and Charon seconded the following resolution:
RESOLUTION #83-139 RESOLUTION AMENDING RESOLUTION #82-250 ALLOWING
A ROOF PITCH CHANGE ON THE EASE SIDE OF THE
RESIDENCE
The vote was unanimously in favor. Motion carried.
Mr. & Mrs. Prince were present to comment on the item that will be presented
to the City Council on August 23rd, a 2 foot side yard variance. They stated
that they are against the granting of this variance because it will allow
Hetchler's garage to be placed within 3 feet 8 inches of their property line.
The Princes noted that when they moved to Mound they had to abide by the code
and in doing so tore down their house and rebuilt to conform to all the codes
including setbacks and square footage. The Council assured the Princes that
they would take their comments into consideration if and when this item comes
up on August 23rd.
g. SET DATE FOR PUBLIC HEARING - APPLICATION FOR CONDITIONAL USE PERMIT FOR ZERO
LOT LINE TWINHOME ON LOTS ,7, ~ g, BLOCK 10, WYCHWOOD - PID #19-117-23 32 0100
AND 0101
Charon moved and Peterson seconded a motion to set the date for a public
hearing on an application fora Conditional Use Permit for zero lot line
twinhome on Lots 6,7,8 & g, Block 10, Wychwood for August 23, 1983, at
7:3o P.M. in the City Hall Council Chambers. The vote was unanimously in
favor. Motion carried.
10. SET DATE FOR PUBLIC HEARING - PROPOSED AMENDMENT. TO THE ZONING MAP FROM R-1
TO R-3 .FOR LOT BLOCK 1 SETON ADDITION - PID #2 -117-2 1 0013
Charon moved and Paulsen seconded a motion to set the date for a public hearing
on a proposed amendment to-the Zoning Map from R-1 to R-3 for Lot 6, Block 18,
Seton Addition for August 23, 1983, at 7:30 P.M. in the City Hall Council
140
August 9, 1983
Chambers. The vote was unanimously in favor. Motion carried.
11. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked if there were any comments. or suggestions from the citizens
present. There were none.
12. QUIT CLAIM DEED FOR OUTLOT "A", MILL POND
The City Manager explained the Mr. McLeod who represents the Golden Valley
Bank called and stated that they were sending the City of Mound a Quit Claim
Deed for Outlot A, Mill Pond. This outlot was to be the subdivision's park
dedication in lieu of a fee.
The Building Official and City Engineer told of numerous problems with drain-
age on this lot.
The City Attorney suggested that the Council table any action on this lot
until he had time to review the file on the subdivision.
Paulsen moved and Jessen seconded a motion to table this item until the
City Attorney-has had time to review the subdivision file. The vote was
unanimously in favor. Motion carried.
13. CONTRACT RENEWAL WITH BILL HUSBANDS-FOR INSURANCE RISK MANAGEMENT
The City Manager explained Mr. Husband's work for the City of Mound and
complimented him for his work with The Home Insurance Co. Mr. Husbands
went over the services he will be performing for the City in the risk
management area. They include:
1. Being available for-decisions or advice concerning ongoing insurance
and risk management problems.
2. Holding meetings with employees as needed, concerning activities as
outlined in the risk management, loss prevention and loss control
policy statements.
3. Reviewing workers compensation loss runs to determine all charges
are from City employees.
4. Reviewing workers compensation losses with current carrier to
determine accuracy of reserves.
5. Assisting in the insurance renewal process.
6. Reviewing the medical insurance program.
7. Holding, as needed, any safety meetings on a departmental basis.
Mr.-Husbands went over some of his background for Councilmember Jessen.
Councilmember Peterson. stated that he felt this a-rea deserves and expert
and he supports this contract.
Paulsen moved and Peterson seconded a motion to authorize the City Manager
to renew the Contract with Mr. Bill. Husbands, risk management consultant,
from August 1, 1983 to August 1, 1984, at a total compensation of $4,800 to
be paid at a rate of $400 per month. The vote was unanimously in favor,
Motion carried.
141
August 9, 1883
14. FINAL PAYMENT REQUEST - ALLIED BLACKTOP - 1983 SEAL COAT PROGRAM - $40,885.50
Peterson moved and Jessen seconded a motion to approve the final payment
request from Allied Blacktop for the 1883 Seal Coat Program in the amount
of $40,855.50. The vote was unanimously in favor. Motion carried.
15. PAYMENT REQUEST #1 - BUFFALO BITUMINOUS - 1983 STREET REPAIR PROGRAM -
Paulsen moved and Peterson seconded a motion to approve payment request
#1 from Buffalo Bituminous for the 1983 Street Repair Program in the
amount of $26,807.00. The vote was unanimously in favor. Motion carried.
16. PROMOTION OF ENERGY AUDITS BY WEST HENNEPIN HUMAN SERVICES
The City Manager reported that about one month ago the State Energy Agency
contacted him and requested that the City undertake an effort to promote
the use of NSP and Minnegasco Energy Audit Program. He explained to them
that the City of Mound just doesn't have the Staff to get involved in such
a new effort, but suggested that this would be a logical program for
West Hennepin Human Services. West Hennepin Human Services has submitted
a letter to the City of Mound expressing their interest in applying for
the Minnesota .Energy Conservation Service funds earmarked for the promotion
of energy audits in the Mound area. They are now asking that the City of
Mound endorse this effort and allow the use of its name on promotional
materials.
Paulsen moved and Peterson seconded the following resolution:
RESOLUTION #83-140 RESOLUTION DESIGNATING WEST HENNEPIN HUMAN SERVICES
AS THE OFFICIAL. AGENCY TO PROMOTE ENERGY AUDITS IN
THE CITY OF MOUND
The vote was unanimously in favor. Motion carried.
17. REVIEW OF PRELIMINARY ENGINEERING REPORT ON THE TENNIS COURT PROPOSAL FOR THE
BLUFFS
The City Manager and the City Engineer went over the preliminary engineering
report for the tennis courts on Outlot A, The Bluffs. The Council discussed
various items in the report such are the size of the courts, setbacks, costs
and assessments. There are some problems with the size of the court, the
setbacks and a parking problem. After this discussion, it was decided to
have the City Engineer and the City Manager meet with the residents of the
neighborhood and. determine if building these courts is feasible as presented.
No action was taken.
18. SANITARY SEWER BACK-UPS CAUSED BY JULY STORMS
The City Manager explained his memo to the City Council on the sanitary sewer
back-ups in two homes on the Island that were caused by the July storms. He
felt that maybe the City should install back pressure valves in these homes
to eliminate this problem in the future. The City Attorney reminded the
Council that they cannot use public funds for private improvements. The Mayor
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August 9, 1983
stated that back pressure valves or gate valves do not always work and probably
would not be the answer to the problem. No action was taken.
19. PAYMENT OF BILLS
Charon moved and Peterson seconded a motion to approve the bills as presented
on the pre-list in the amount of $186,707.24, when funds are available. A roll
call vote was unanimously in favor. Motion carried.
20. INFORMATION/MISCELLANEOUS
A. Updated phone and address sheet
B. Notice of claim in Bellcourt case.
C. Letter on approval of Jan Bertrand, ICBO Certification as a Building Inspector.
D. Ind. School Dist. #277 Minutes of July I1, 1983.
E. Update on lake water samples taken from Pembroke Beach.
F. Notice of WAFTA Open House on August Zi, 1983, at 1:00 P.M. at the WAFTA
training site.
G. LPA Newsletter - Summer 1983 (Local Planning Assistance).
H. Letter from Tom Reese to Frank Mixa, LMCD regarding weed cutting and removal
operation on the Lake.
I. We tonka Chamber Waves - Newsletter August 1983.
J. Notice of Volunteer Meeting -August 16, 1983, at 2:30 P.M. in the
Community Room at St. Louis Park City Hall.
K. Metro Council "Review" - July 15, 1983•
L. Minnehaha Watershed District Letter - Notice of Public Hearing in the
matter of the petition of the Lake Minnetonka Conservation District for
an Upper Watershed Storage and Retention Project/CP-5.
M. Elected officials salary survey from the Association of Metropolitan
Municipalities, July 1983.
N. Miscellaneous materials regarding Continental's rate increase.
0. Twin Cifiies Lake Market Information - July 1983.
21. LOT 28, BLOCK 1, ARDEN
The City Manager explained that this was not included in the Procedings
Subsequent that was done on Lots 29,30,31 and 32, Block 1, Arden. We now
have someone who would like to purchase this lot and combine it with Lot 27
which this person also owns to build a home on. We will have to reconvey Lot
28 back to the State and request that it only be sold to an adjoining property
owner.
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August 9, 1983
Paulsen moved and Jessen seconded the following resolution:
RESOLUTION #83-141 RESOLUTION RECONUEYING CERTAIN TAX FORFEIT LANDS
BACK TO THE STATE 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 - LOT 28, BLOCK 1, ARDEN
The vote was unanimously in favor. .Motion carried.
22. DOW-SAT. OF MINNESOTA - TEMPORARY CONSTRUCTION TRAILER
The City Manager explained that Dow-Sat of Minnesota, the City's cable system
operator, h-as submitted a letter of progress to the City indicating that they
are experiencing delays in getting their new office building construction
underway. They are requesting that the City allow them to install a temporary
headend on their property at Wilshire and Maywood. It would be an 8' x 30'
mobile construction trailer to be set on the western edge of the lot. The
trailer should only be on the site for no more than 60 days. The City
Manager explained that he just wanted the City Council to be aware of the
trailer being on the lot in case anyone asked the circumstances.
11. QUIT CLAIM DEED - OUTLOT "A" - MILL POND
The City Attorney advised that he has now had the opportunity to go over the
subdivision file on Mill Pond. He read from a letter he sent to the City
Manager on January 15, 1982, which stated the following:
1. Outlot A is owned by the Golden Valley State Bank.
2. The entire lot is covered by drainage and utility easements. This
means that we do have the right to utilize Outlot A even though the
fee ownership is with the Golden Valley State Bank, but such usage
is strictly for utility and drainage purposes.
The Council discussed not accepting the Quit Claim Deed and the fact that
the Golden Valley Bank would probably then let the parcel go tax forfeit
and we would end up with it anyway.
Paulsen moved and Peterson seconded a motion to accept the Quit Claim Deed
from the Golden Valley Bank for Outlot A, Mill Pond. The vote was unanimously
in favor. Motion carried.
The Council then instructed the City Engineer to figure the cost of putting
an underground piping system to drain this lot and keep the drainage from
overflowing onto adjacent properties.
Paulsen moved and Jessen seconded a motion to adjourn at 9:45 P.M. The vote.
was unanimously in favor. Motion carried.
~~~~
Elam, City Manager
~,'-
Fran C ark, ity Clerk
BILLS----AUGUST 9, 1983
Acro Minnesota 166.46
AirComm 100.00
Autocon Industries 72.29
Anchor Paper 66.15
Air Hydraulic Systems 208.00
Badger Meter 765.02
Blackowiak ~ Son 56.00
Holly Bostrom 326.00
Burlington Northern 533.33
Bury ~ Carlson 179.20
Bryan Rock Products 358.08
Butchs Bar Supply 416.63
Gayle Burns 26.64
Business Furniture 279.00
Baldwin Supply 352.80
Bowman Barnes 165.06
Jan Bertrand 31.68
Bill Clark Standard 4,011.28
Coca Cola Bottling 300.35
City Club Distributing 4,184.60
Dependable Services 33.00
Duane's 66 Service 20.00
Day Distributing 4,274.05
East Side Beverage 4,681.50
Judy Fisher 28.12
Glenwood Inglewood 35.80
Geotechnical Engineering 478.00
Henn Co. Treas 74.00
Henn Co. Sheriff Dept 33.66
Jones Chemical 176.00
Robt E. Johnson 47.08
Island Park Skelly 26.00
J & R Radiator 89.75
Johnson Credit Corp 1,969.00
Kool Kube Ice 639.70
Lathrop Paint Supply 108.68
The Laker 59.74
Long Lake Ford. Tractor 10.09
Long Lake Tire Barn 53.50
Longpre's 187.00
City of Minnetrista 16.00
M.F.O.A. 9.50
Marina Auto Supply 756.99
McCombs Knutson 2,478.00
Mound Medical Clinic 281.00
Mound Super Valu 92.78
Metro Fone Communication 23.60
Minnesota UC Fund 781.66
Maple Plain Diesel 23.20
Mtka Boat-Auto Clean 30.00
Navarre Hdwe 250.57
N.s.P. 3,113.35
Community Education Serv 60.00
Allied Blacktop 40,885.50
Buffalo Bituminous 26,807.00
A.J. Ogle 2,140.25
Alan P. Olson 450.00
Popham Haik 1,215.04
Pepsi Cola/7 Up 300.25
Pogreba Distributing 5,165.00
Pitney Bowes Credit 26.00
Perkins Landscape 315.00
Royal Crown Beverage 153.65
Roto-Rooter 206.25
Rustique Decorating 363.20
Real One Acquisition 675.00
Regal Window Clean 10.75
Nels Schernau 7.26
Smith Heating ~ Air 300.00
Shepherds Rental Rugs 53.00
Don Streicher Guns 21.10
J.L. Shiely Co. 98.28
Sutphen Corp 400.00
Servicemaster 71.44
Twin City Home Juice 50.44
T ~ T Maintenance 25.75
Thrifty Snyder Drug 5.70
Thorpe Distributing 6,567.55
Wurst, Pearson, Hamltn 4,665.00
Water Products 808.50
Waldor Pump 8,036.00
Widmer Bros. 422.00
Westonka Sanitation 100.00
Wallin Heating ~ Air 33.16
Xerox 825.00
R.L. Youngdahl 4,456.00
Commissioner of Revenue 3,067.09
Driver ~ Vehicle Serv 8.25
Stan Drahos 50.00
Griggs Cooper 4,038.19
Johnson Bros. Liquor 5,083.02
Johnson Paper ~ Supply 253.09
Information Publishers 168.00
Indiana State Univ 205.00
Mound Postmaster 723.00
Minnesota Zoo 43.60
Metro Waste Control 26,126.47
City of Mound 39.94
Newhouse Bldrs 2,207.00
Old Peoria 3,009.31
Curt Nichols 345.00
Ed Phillips 1,713.83
Terry Sincheff 22.01
Trust acct of James Dickinson 20.48
Western Tree Serv 385.00
~. u