1983-12-06December 6. 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 December 6. 1983.
Those present were: Acting Mayor Pinky Charon Councilmembers Phyllis
Jessen~ Gary Paulsen and Russ Peterson. Mayor Bob Polston arrived
late. Also present were: City Manager Jon Elam. City Attorney Curt
Pearson. City Engineer John Cameron. Police Chief Bruce Wold. Building
Official Jan Bertrand Finance Director Sharon Legg. City .Clerk Fran
Clark Public Works Superintendent Geno Hoff. Mr. & Mrs. Jim Regan.
Harold Kutzner, Ron Cloud Lowell Zitzloff~ Ron Fierst~ representa-
tives from Case Power Equip. Sweeney Bros. Tractor and Ziegler Inc.
Acting Mayor Gharon opened the meeting and welcomed the people in
attendance.
MINUTES
The Minutes of the November 15~ 1983. Regular Meeting were presented
for consideration. Peterson moved and Paulsen seconded a motion to
approve the Minutes of the November 15~ 1983 Regular Meeting as
presented. The vote was unanimously in favor. Motion carried.
PETITION TO RESTRICT PARKING ON PIPER ROAD
The City Manager explained that the City has received a petition
signed by 55 people asking that the City Council restrict parking on
both sides of Piper Road from Tuxedo Blvd. to Warner Lane for the
safety of motorists and pedestrians.
The Police Chief had written a memo to the City Manager explaining his
research into Piper Road. It stated that the signs had not been
reinstalled following the completion of a paving project and that in
his conversations. with some of the petitioners there are some reasons
for amending the ordinance as it is written. The problems seem to be
the character of the roadway and the lines of sight along the roadway;
the fact that Piper Road serves as an arterial to Warner Lane and for
those residents living on Cedar Point; the road has a steep hill w hick
is difficult to climb during some of the winter months; a retaining
wall on the southeast corner of the intersection of Piper Road and
Warner Lane Beverly limits visibility for cars traveling north on
Warner and attempting to view traffic traveling west on Piper.
Because of the above residents are complaining about near head on
collisions and the need to amend the ordinance to restrict all parking
on Piper Road. The Police Chief is recommending that the Council
amend the Ordinance to ban parking on the .the north side of Piper Road
from Warner Lane to Tuxedo Blvd. because that part of the road is wide
enough to permit parking on one side of the street and he feels it
would be a hardship on persons living on Piper. Road to find parking
December 6: 1983
for guests who wanted to visit.
Mr. Jim Regan. 5334 Piper Road. was present and stated that he dis-
agrees with the Police Chief about a restriction of parking causing a
hardship for the residents of Piper Road. He stated he feels everyone
on Piper Road has ample room on their property to park additional cars
and does except for one party who has about 4 or 5 vehicles which are
always parked illegally on the street. He stated he started the
petition and is still asking that parking be banned on both sides of
Piper Road.
The Council discussed the problems on Piper Road and asked if the
residents had been notified that this request was on the Agenda this
evening. The City Manager answered yes. Councilmember Jessen stated
that she would be in favor of the Police Chief's recommendation for
parking on one side of Piper Road to begin with and then if that
didn't bring any adverse reaction from the residents after a year
maybe banning on both sides.
Peterson moved and Paulsen seconded a motion to have the City Attorney
put in ordinance form an amendment to Chapter 46 of the City Code
banning parking on either side of Piper Road from Tuxedo to Warner and
bring back before the end of the meeting. The vote was 3 in favor
with Councilmember Jessen voting nay. Motion carried.
ON STREET PARKING VARIANCE - BRYANT LANE
The City Manager explained that this is an on street parking variance
that is being requested by Roger Frank 3061 Highland Blvd. because
his house fronts on Highland Blvd. but has no .driveway on Highland.
His access to the property is on Bryant Lane. a dead end street off of
Idlewood. He has stated on the application that he will be building a
double garage off of Bryant in the Spring with enough space left on
the apron for 2 additional cars off of Bryant. The Street Superinten-
dent has recommended approval of this variance for this Winter season.
Peterson moved and Paulsen seconded a motion to approve the "on street
parking variance. of Roger Frank 3061 Highland Blvd. for the 198384
winter season. The vote was unanimoulsy in favor. Motion carried.
REVISION OF PLANNING & DOCK FEES FOR 1984.
The City Manager explained that as a followup to the 1981 Budget
review he is proposing a list of increases for the planning. zoning
and dock fees for 198. They will more closely reflect the actual
costs incurred by the City in reviewing and processing time. The
changes would be as follows:.
1983 PROPOSED
APPLICATION COSTS 1 ~ COSTS
Variance ~ 35.00 50.00
2
December 6, 1983
Conditional Use 100.00
Wetland Permit 100.00
Street or Easement Vacation 100.00
SUBDIVISION
200.00
plus X7.00/lot
Preliminary Plat
Final Plat
Lot Split (Waiver
of City Code,
-0-
-0-
of provisions
Chapter 22) 35.00
Zoning Amendment 100.00
Dock Permit (per year) 65.00
Commercial Dock License 100.00
200.00
100.00
150.00
-0-
150.00
100.00
50.00
200.00
75.00
150.00
The City Manager explained that one of his goals is .to make the
Planning and Zoning Department selfsufficient and this increase will
help move toward this goal. With the Dock Permits at X75.00 per year
that will give commons maintenance another $4,000 to work with.
Councilmember Paulsen asked if that was all that would be spent on
commons maintenance. The City Manager stated that there is money in
Revenue Sharing. that also will be spent for commons maintenance.
Peterson moved and Jessen seconded the following resolution:
RESOLUTION X83-212 RESOLUTION TO APPROVE THE REVISION OF
PLANNING & DOCK FEES FOR 1984
The vote was unanimously in favor. Motion carried.
CASE X83-264• HAROLD L KUTZNER, 4653 CARLOW .ROAD. LOT SPLIT/SUB
DIVISION
The City Manager explained that Mr. Kutzner wants to split Lot 5 off
and deed it to his neighbor, Mr. Cloud, so he can combine it with his
other lots (Lots 19,20, 21 and 22). The reason for this is that this
lot can only be reached easily from Mr. Cloud's property.
Next he would like to combine the South 1/2 of Lots 1,2 ,3 ,and 4 with
Lots 23, 24, 25 and 26 so that the house his daughter lives in will
have more land. Mr. Kutzner plans to keep the North 1/2 of Lots
1 ,2,3, and 4 as access to Lots 37. 38, 39. 2, 3, 4, and 5. of Block 10
(providing a way to the lake which he wants someday to deed to his
grandchildren). This land is wetlands and unbuildable.
The Planning Commission has recommended approval of the lot split/sub-
division.
Mr. Kutzner and Mr. Cloud were present.
Peterson moved and Paulsen seconded the following resolution:
3
December 6. 1983
RESOLUTION #83-213 RESOLUTION TO
MISSION AND
DIVISION AS
0127
CONCUR WITH THE PLANNING COM-
APPROVE THE LOT SPLIT/SUB-
REQUESTED - PID #19-117-23 22
The vote was unanimously in favor. Motion carried.
CASE #83-265•_ LOWELL ZITZLOFF. 6365 BAY RIDGE ROAD. VARIANCE FOR
ACCESSORY BUILDING PROVISIONS
The City Manager explained the Mr. Zitzloff is asking to be allowed to
install a bathroom in his garage. The Planning Commission recommended
approval with the stipulation that any future remodeling on this
accessory building would be brought before the Planning Commission and
that the garage will not be converted for living area.
Jessen moved and Peterson seconded the following resolution:
RESOLUTION #83-214 RESOLUTION TO CONCUR WITH THE PLANNING COM-
MISSION AND APPROVE A VARIANCE FOR A BATHROOM
TO BE INSTALLED IN THE GARAGE WITH
STIPULATIONS
The vote was unanimously in favor. Motion carried.
SET DATE FOR PUBLIC HEARING: VACATING A PART OF LAGOON PARK.
NED PODA Y
Peterson moved and Jessen seconded a motion to set the date for c
public hearing on the vacation of part of Lagoon Park for January 17.
1983 at 7:30 P.M. The vote was unanimously in favor. M otion
carried.
CASE #83-258• SCHLEE BUILDERS WOODCREST OF MOUND 3RD ADDITION.
VARIANCES TO FRONT YARD SETBACKS
The City Manager stated that this item has been continued from pre-
vious meetings and that Schlee Builders has now submitted drawings for
the 5 lots.in Block 1 showing the homes at 20 and 30 foot setbacks and
their relationship to the hill.
The Council asked various questions about the possible drainage
problems that might ocurr. Mr. Fierst stated that he would have to
submit a drainage plan to the Building Inspector for approval before
building permits would be issued so he didn't think that would be a
problem. He stated he still felt that a 20 foot setback would be an
advantage to the people who would eventually ow n the homes because ~it
would not place the back of their homes right up against the hill.
Councilmem ber Jessen asked if they could
on the lots and maybe even combine some
the setbacks. Mr. Fierst stated no that
feasible and would not change where they
place a different style home
of the lots so that they met
financially-that would not bE
wanted the setbacks because
4
December 6~ 1983
The Council then discussed retaining walls etc. to control erosion
and look aesthetically more desirable.
Councilmember Peterson stated he thought they could meet the 30 foot
setback on Lots 1 and 2 with no problem. Acting Mayor Charon agreed.
Peterson moved and Charon seconded the following resolution:
RESOLUTION #83-215 RESOLUTION TO APPROVE A 10 FOOT FRONT YARD
SETBACK VARIANCE FOR LOTS 3.4 AND 5. BLOCK 1.
WITH LOTS 1 AND 2. BLOCK 1. WOODCREST 3RD
ADDITION TO MEET THE REQUIRED FRONT YARD SET
BACK
The vote was 2 in favor with Councilmembers Jessen and Paulsen voting
nay. Motion denied.
Councilmembers Jessen and Paulsen both stated that do not believe in
granting variances on new construction and that the ordinance should
be ,followed for new construction.
BINGO PERMITS
The City Manager explained that both of the following permits are for
1984; Our Lady of the Lake Catholic Church and American Legion Post
~~398.
Paulsen moved and Jessen seconded a motion to approve Bingo Permits
for Our Lady of the Lake Catholic Church (every Thursday during 1984
and 4 Saturdays dates to be determined) and American Legion Post ~~398
(3rd Wednesday of each month in 1984 and 4 dates to be determined).
The vote was unanimously in favor. Motion carried.
PURCHASE OF POLICE INVESTIGATOR AUTOMOBILE
The City Manager explained that the Police Chief had suggested that
the City purchase a different car for the police investigator. The
body of the car is beginning to fall apart. it has 60000 miles on it
and the front seat is completely broken down. When they discussed
this it was thought that buying a good used car might be a good alter-
native because it could be traded every year and a half to two years
and would also not allow people to predict the make of car he will be
driving.
The original idea was to purchase a car for approximately $2~500~ but
the used car market has been very tight and quality used cars have
risen in price. Quality used cars 4 and 5 years old with 50 to 60.000
miles are priced at around $3,400. Two months agog Sgt. Hudson
purchased a 1978 Ford Thunderbird, paying $2500 for the car and
spending an additional $200 on tune-ups and licensing. He is willing
to sell the car to the City for $2600. The average book value on
this car is around X2.900. The City Manager and the Police Chief are
5
December 6. 1983
recommending the purchase of this car because it appears to be the
quality used car at the right price.
Peterson moved and Paulsen seconded a motion to purchase the 1978 Ford
Thunderbird from Sgt. Hudson for $2.600. The vote was unanimously in
favor. Motion carried.
PAINTING INTERIOR OF CITY HALL
The City Manager reported that he has received only one quotation for
the painting of the interior of City Hall. Several people were
contacted and came out to look at the Hall but only one quoted,
Minnetonka Painting _& Decorating Co.
Paulsen moved and Jessen seconded a motion to table this item to the
December 20th Meeting to allow the City Manager to secure at least one
more quotation. The, vote was unanimously in favor. Motion carried.
BID TABULATION: LOADER
The City Manager explained that 3 bids were received on November 30,
1983. for the purchase of a four wheel articulated. rubber tired front
end loader. They were as follows:
CASE SWEENEY
COMPANIES BIDDING: POWER EQUIP. BROS. TRACT. ZIEGLER. INC.
MAKE: J.I.CASE
MODEL: . W 14 H
41.763.00
FIATALLIS
345B
64,665.00
CATERPILLAR
920
59.913.00
LESS TRADE IN -20.000.00
PURCHASER PAYS ONLY
THIS AMOUNT: 21,763.00
MAINTENANCE EXPENSE. for 5
years or 6 000 hours which-
ever occurs first. SHALL NOT
EXCEED + 4.000.00
GUARANTEED "MINIMUM REPURCHASErr
IN FIVE (5) YEARS -30,000.00
SCHEDULED MAINTENANCE COSTS
(for 6.000 hours) ± 6,591.90
TOTAL COST
-38.665.00 -26.500.00
26,000.00 33,413.00
+ 4 ~ 500 .00 + 3 ~ 100.00
-34000.00 -46.500.00
+~~526.00 + 1,857.9Q
2,354.90 5.026.00 -8,129.10
Public Works Superintendent Geno Hoff- was present and gave
comparison of the the 3 machines with the specifications.
6
December 6..1983
Each representative from the three companies was given a few minutes
to explain his bid.
The Council discussed the total cost bid concept which includes the
guaranteed repurchase in 5 years. It was decided they probably will
be taking advantage of the guaranteed repurchase this time because the
loader is being used so much more since the .streets have been paved.
The Public Works Superintendent and the City Manager recommended the
Ziegler total cost bid be approved.
Paulsen moved and Peterson seconded the following resolution:
RESOLUTION #83-215 RESOLUTION TO ACCEPT THE BID OF ZIEGLER, INC.
FOR THE PURCHASE OF A FOUR WHEEL ARTICULATED,
RUBBER TIRED FRONT END LOADER
The vote was unanimously in favor. Motion carried.
Mayor Polston arrived at 9:45 P.M.
The City Attorney suggested that the Council go into Executive Session
to discuss some pending litigation.
Jessen moved and Paulsen seconded a motion to go into Executive
Session. The vote was unanimously in favor. Motion carried.
The Council returned from Executive Session at 10:30 P.M.
.PAYMENT OF BILLS
Paulsen moved and Peterson seconded a motion to approve the bills as
presented on the pre-list in the amount of X55.296.86. when funds are
available. A roll call vote was unanimously in favor. Motion
carried.
AMENDMENT TO CHAPTER 23 - RESTAURANTS
The City Attorney submitted the ordinance amendment to Chapter 23
pertaining to restaurants that he was insturucted to put in ordinance
form at the November 15~ 1983. meeting.
Paulsen moved and Peterson seconded the following:
ORDINANCE X454 AN ORDINANCE AMENDING SECTION 23.301 SUBSECTIONS
94 AND 95 AND ADDING SUBSECTIONS 95A AND 95B AS
NEW DEFINITIONS OF RESTAURANTS; AMENDING SECTION
23.625.3 BY ADDING CLASS III AND CLASS IV
RESTAURANTS AS CONDITIONAL USES; AMENDING SECTION
23.630.3 BY ADDING CLASS II, III AND IV
RESTAURANTS AS CONDITIONAL USES; AMENDING SECTION
23.635.2 TO ADD AS PERMITTED USED IN THE B-3
ZONING DISTRICT ALL PERMITTED USES IN THE R1, R2,
7
December 6~ 1983
ZONING DISTRICT ALL PERMITTED USES IN THE R1. R2.
R3 AND R4 ZONING DISTRICTS; AND AMENDING SECTION
23.635.3 BY ADDING CLASS I AND CLASS IV
RESTAURANTS AS CONDITIONAL USES
The vote was unanimously in favor. Motion carried.
PIPER ROAD PARKING RESTRICTION (CONTINUED FROM EARLIER)
The City Attorney presented the ordinance amendment in ordinance form.
Jessen moved and Peterson seconded the following:
ORDINANCE #455 AN ORDINANCE AMENDING SECTION 46.2 9 SUBD. (b).
SUBSECTION 18 AND REPEALING SECTION 46.19 SUBD.
(b). SUBSECTION 21
The vote was unanimously in favor. Motion carried.
RELEASE OF PID #19-117-23 33 0192 FOR PUBLIC SALE
The City Clerk stated that this parcel is a buidlable lot that is a
tax forfiet property and should be released for public sale by
Hennepin County. The parcel is described as Lot 43 and the West 10
feet of Lot 44, also all that part of vacated street lying between the
westerly extention across it to the North and South lines of said Lot
44. Pembroke.
Paulsen moved and Peterson seconded he following resolution:
RESOLUTION #83-216 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.
INFORMATION/MISCELLANEOUS
A. Memo on Sewer and Water Funds.
B. Letter from Hennepin County on Repairing the Black Lake Bridge in
1984.
C. Minnehaha Watershed District Agenda - November 17. 19$3 and
Minutes - October 20~ 1983.
D. Suburban Rate Authority Minutes of October 19. 1983.
E. League of Cities Legislative contact form.
F. Memo from Budd Robb on Solid Waste Resource Recovery.
G. Ehlers & Associates, Inc. Newsletter for November.
8
December 6~ 1983
H. Invitation to Cable Consultant's Holiday Party December 17~
1983.
I. Report on Fiscal Disparities.
J. Cable T.V. Memo.
K. Twin City Labor Market Information for November 1983.
L. Westonka Chamber Waves for Decembe r 1983.
M. MWCC Meeting Notice December 13~ 1983 Deephaven City Hall.
BRUCE WOLD'S_RESIGNATION
Police Chief Bruce Wold had submitted his resignation to the City
Council because he will be moving to Phoenix due to his daughters
health and his wife's job. The Council all expressed sorrow that he
is leaving and thanked him for the terrific job he has done in Mound
and the many extra things he has done for Mound.
Polston moved and Jessen seconded a motion to adjourn at 10:45 P.M.
The vote was unanimously in favor. Motion carried.
on ~lam~ ~~.ty Manager
Fran Clark. City Clerk
9
BILLS----DECEMBER 6, 1983
Amer Steel ~ Industr
AirComm
Earl F. Andersen
Armor Security
Anchor Paper
Acro-Minnesota
Besco Masonry
Badger Meter
Holly Bostrom
Burlington Northern
Berry Auto ~ Body
Bradley Exterminating
Bowman Distribution
Conway Fire ~ Safety
Cash Register Sales
Chapin Publishing
Davies Water Equip
Dependable Services
First Bank Mpls
Flexible Pipe Tool
Eugene Hickok ~ Assoc
Hawkins Chemical
Heiman Fire Equip
Hayden-Murphy Equip
Jones Chemical
Robert E. Johnson
Internatl Assn. Fire
Johnson Service
Lowells Auto
McCombs Knutson
Minnegasco
Mound Fire Dept
Mound Medical Clinic
City of Mound
Newman Signs
NW Bell Telephone
Natl Fire Protection
Pitney Bowes
P.D.Q.. Food Stores
Pitney Bowes Credit
Regal Window Cleaning
Real One Acquisition
Nels Schernau
SOS Printing
State Treas--Surplus
Suburban Tire
Swenson Nursery
Thrifty Snyder Drug
The Thomas Co.
Treas--MCFOA
Supply
Chiefs
Assn
77.51
100.00
306.85
56.60
312.38
49.53
380.00
1,103.08
386.00
533.33
13.50
19.00
142.20
228.82
861.30
29.40
1,450.00
33.00
4.00
515.69
585.84
695.50
181.50
180.25
168.84
3,000.00
60.00
80.00
24.99
1,440.00
241.33
1,212.00
287.00
55.08
235.50
96.40
353.82
238.25
1,188.85
26.00
10.75
675.00
31.29
136.85
7.70
911.56
559.35
18.15
73.56
15.00
try, ~ ~' c _,~ ~":-~~--
Tonka Printing
Wurst, Pearson, Hamilton
Western Tree Service
Widmer Bros.
Waconia Ford-Mercury
Warner Hdwe
Xerox Corp
Ziegler, Inc.
Amer Planning Assn
Century Auto Body
Commissioner of Revenue
Continental Tele
Mark Carvatt
Griggs, Cooper
Gene Garvais Bldr
Robert E. Johnson
Johnson Bros. Liquor
ICMA
MN State Document
Mound Postmaster
M.A.D. House
City of Mound
~~ ~~ ~~
Old Peoria
N.S.P.
Publication Office
Ed Phillips & Sons
State Treas-Surplus
Jon Scherven
Howard Simar
Xerox, Corp
TOTAL BILLS
168.30
3,125.00
585.00
426.62
42.71
17.26
151.39
48.34
28.00
500.00
5,800.42
1,205.93
19.96
3,927.43
35.00
4.40
6,376.85
22.25
109.25
107.40
28.36
38.15
25.00
2,639.00
4,768.16
8.95
3,791.80
25.00
750.00
155.00
861.28
55,296.86