1984-02-2831
February 28, 1984
REGULAR MEETING
~OF THE
CITY COUNCIL
The City Council of Mound, Hennepin County, Minnesota. met in
regular session on February 28. 1984, at 7:30 P.M. in the Council
Chambers are 5341 Maywood Road. Those present were: Mayor Bob
Polston, Councilmembers Pinky Charon, Phyllis Jessen and Russ
Peterson. Councilmember Gary Paulson arrived at 8:05 P.M. Also
present were: City Manager Jon Elam, City Attorney Curt Pearson.
City Engineer John Cameron. Building. Inspector Jan Bertrand, City
Clerk Fran Clark and the following interested citizens: Vern &
Dixie Groves. Merritt Geyen, Fred Bame, Leonard Lampert, Kirk
Corson, Gary Gunderson, Larry Connolly. Harold Meeker. Nancy
Clough, Duwayne Dorfner.
The Mayor opened the meeting and welcomed the people in
attendance.
MINUTES
The Minutes of the February 14, 1984. Regular Meeting were
presented for consideration. Councilmember Peterson noted a
couple of typographical errors.
Charon moved and Peterson seconded a motion to approve the
Minutes of the February 14. 198~F, Regular Meeting as amended.
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING- DELINQUENT UTILITY BILLS
The Mayor opened the public hearing and asked if anyone would
like to address the Council with regard to their delinquent
utility bill. There were no comments. The Mayor closed the
public hearing.
Jessen moved and Charon seconded the following resolution;
RESOLUTION X84-25 RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT OF #2.829.57
AND AUTHORIZING THE STAFF TO SHUT-OFF
WATER SERVICE FOR THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
CONDITIONAL USE PERMIT RESOLUTION FOR AL ~ ALMA'S
The Mayor asked Merritt Geyen if she had read the proposed
resolution. She stated yes and .that she had some questions and
points she would. like to discuss with the Council about that
resolution. They were as follows:
32
February 14, 1984
Ms. Geyen presented several pictures to the Council to help them
understand her concerns and questions about the proposed
resolution.
Page 337, g., reads as follows: "No gas, oil or other
product may be sold from the dock and no servicing
of boats will be permitted. The gas tank for boat
gas currently installed on Lot 1, Block 3, Whipple.
shall be removed and the landscape repaired."
Ms. Geyen asked if it would be alright for them to
discontinue use of the tanks, fill them with sand
and leave them where they are?
The Council discussed this and decided to have Ms. Geyen get in
touch with the Fire Chief to see what the Fire Code would
require. If filling them with sand meets the code. the Council
would agree to that.
Page 337. h., reads as follows: "The owners may construct
one sign for identification, but it shall not
exceed a total of six square feet in size."
Ms. Geyen state that they would like to keep the
present sign which is 4' x 9' or 36 square feet
because it can be seen more easily from the lake
and will help boaters find the transient docks
easier.
The Council discussed this point and decided because the zoning
ordinance states 6 square feet, it can only be 6 square feet.
Page 337, k., reads as follows: "Daryl C. and Merritt Geyen
shall be required to bring their parking lot into
conformance with all the provisions set forth in
the previously issued conditional use permits which
are attached hereto and made a part of this
permit."
Ms. Geyen stated that there is nothing in'the prior
resolutions except some drawings of the parking
lot. The two drawings are both from before the
street project was done and curb and gutter
were installed. She stated that later in the
Spring when the lot dries, they will be striping
the parking lot to make the parking more orderly.
Page 337, 2.a., reads as follows: "The dock shall be an "h"
shaped dock as shown on the submitted design
attached hereto and marked Exhibit B. This dock
shall be constructed for the sole purpose of
docking four cruise boats owned by Daryl C, and
33
February 28, 198
Merritt Geyen and said cruise boats may be stored
in this area only if this permit is approved by the
Lake Minnetonka Conservation District. The
conditional use permit being granted to Lots 22 and
23 shall be only for the excursion boats whereas
the conditional use permit granted in Section 1 of
this Resolution shall in effect serve transient
boaters utilizing the docks who come to Al & Alma's
for restaurant service."
Ms. Geyen stated that they have contacted the L.M.C.D.
and discussed the proposed resolution and conditons.
The L.M.C.D. has indicated to them that they will not
approve this permit because it will not solve the
problem they have had in the past with the confusion at
the transient docks between restaurant patrons boats and
the cruise boats. Because of this indication from the
L.M.C,D., Ms. Geyen explained they would like to change
the proposal back to somewhat the original plan. as
follows:
1. They purchased Lots 22 & 23~ Whipple Shore so
that they could put up docks for the four
cruise boats and load and unload passengers
from that point. They are proposing to use
only the west dock for loading and unloading
and moving the entrance to the dock closer to
the Park and away from the neighbors lot. They
would still put in the permanent. posts and
barriers around the swimming area to keep any
boats out of that area; put up the snow fence
on the transient docks along the swimming area
side and also put up some posts on the westerly
edge of the transient docks so the neighbors on
that side do not have to Kassel with the
transient boaters. They have 100 feet of
lakeshore and would Leave 30 feet on the west
and 30 on the east with the dock in the center.
This is what the L.M.C.D. wants and has wanted.
all along.
Councilmember Peterson asked how permanent the posts and
barriers would be.
Ms, Geyen stated they would be permanent in the
summer but removed in the winter.
They will also be nosing the boats in as close to
shore as p ossible so that the docks will not have
to be as far out into the Lake as originally
planned.
34
February 28, 1984
On revised Page 338, 5., the hours as stated are 5:00 P.M. on
weekdays and 4:00 P.M. on Saturdays and Sundays.
Ms. Geyen explained that it should have read there
will be dock attendants on the dock from 5:00 P.M.
on weekdays and Saturdays until closing and from
4:00 P.M. on Sundays until closing.
Councilmember Charon asked how they planned to cross the park
property to get to the cruise boats. Ms. Geyen stated that they
would put in an asphalt walkway on their Lot 23 to access the
cruise boat dock.
The Council discussed various aspects of the proposed changes in
the resolution. They decided they would have to hold firm on the
sign size because of the zoning ordinance.
The Mayor stated if his understanding is correct the new proposal
that the Geyens has come up with is what the L.M.C.D. wants for
saftey and to eliminate the confusion of the cruise boats at the
transient docks. Ms. Geyen stated thfit was correct.
The Council asked if the Geyens have contacted Mr. & Mrs.
Smykalski about these changes. Ms. Geyen answered yes and they
seemed to be pleased with the change of having one boat at each
side of the "h" dock and not having 2 boats deep at the "h" dock
which would block their view.
The City Attorney stated that at the Public Hearing two weeks ago
the delimma that the Council was caught in was there are
provisions in the ordinance for docks serving commercial property
in a residential area and the way the Council got around them was
to draw up two separate permits. One to deal with the transient
docks and the second is not a utilization of a dock. in a
residential area for commercial purposes. The discussion was
only to allow storage of the boats on a dock at Lots 22 and 23,
Whipple Shores.
The Council discussed the fact that the L.M.C.D. feels it is
safer to load and unload cruise boats at a separate dock from the
transient dockage.
The Mayor stated there is a real conflict here with the L.M.C.D.
requiring one thing and the City another, with both permits
hinging on one another to be valid.
Councilmember Charon asked how late the cruise boats would be out
on the Lake. Ms. Geyen stated that the most of the cruises leave
early in the evening or during the day, once in a while there is
a late run.
Councilmember Paulsen arrived.
35
February 28~ 198
The Mayor asked if there was anyone present who was at the last
meeting and would like to comment on anything that was stated
tonight. No one asked to be~recognized.
Councilmember Peterson moved that the following be amended in the
proposed resolution:
On page 336 the last Whereas be amended to be consistent with
authorizing the storage of four boats at Lots 22 and 23.
Whipple Shores and loading and unloading only as shown on the
design plan submitted. The Geyens to provide a final design
plan with the changes discussed.
On Page 337. #1.g., referring to the gas tank. that the
Council approve the alternative to removing the gas tank
which should read a method approved by the Fire Chief in
accordance with the Fire Code.
On Page 337. #1.k.~ leave as is except add "including
striping of the parking lot".
On Page 337. #2.a,. no changes onPthe design plan except what
will be submitted in the new design plan discussed tonight.
On Page 337 #2.b., should read "The loading and unloading
of passengers from the docks located on Lots 22 and 23.
Whipple Shore shall only be from the area shown on the
submitted design plan. Daryl and Merritt Geyen shall be
responsible for installing and maintaining a .bituminous
walkway to be constructed on private property (Lot 23) to
allow access to the docks located on Lots 22 and 23. Whipple
Shores. The location of the bituminous walkway is shown on
the attached Exhibit A".
On Page 338. #3.~ should read, "Permanent posts and barriers
will be installed by Daryl & Merritt Geyen in such a
manner as to prevent boats from entering the swimming. area at
Chester Park and snow fencing will be provided on both the
far west and the far east transient docks to prevent swimmers
from climbing onto the docks or from diving or jumping from
the docks".
On Page 338, #5.. change the times to 5:00 P.M. on weekdays
and Saturdays and ~l:00 P.M. on Sundays.
On Page 338, #6.. insert X500.00.
Councilmember Charon seconded the amended resolution entitled:
RESOLUTION #$~-26 A RESOLUTION APPROVING A CONDITIONAL USE
PERMIT TO CONSTRUCT DOCKS IN A RESIDENTIAL
AREA (LOTS 22. 23 8~ 25. WHIPPLE SHORES.
36
February 28. 1984
AND LOT 1. BLOCK 3, WHIPPLE) TO SERVE
PROPERTY LOCATED IN A BUSINESS DISTRICT.
AND MAKING RECOMMENDATIONS TO THE LAKE
MINNETONKA CONSERVATION DISTRICT
Councilmember Peterson commented that it will be extremely
importantthat the experience in this coming year be
favorable.
The vote was unanimously in favor. Motion carried.
CASE X84-305• JACQUES W GIBBS & NANCY GARDNER, LOTS 1 K 2,
BLOCK 4, SHADYWOOD POINT LAKESHORE AND FRONT YARD
SETBACK VARIANCES
The City Manager explained that the setback
are to allow the construction of an addition,
entry, and to do structural remodeling to the
They have the approval of the Minnehaha Creel
and the Planning Commission recommended
following conditions:
variances requested
replace the present
existing structure.
t Watershed District
approval with the
1. The present parcel shall not be reduced in area.
2. The accessory building, if structurally altered or
expanded, will require another variance approval.
3. The structure and addition will remain above the minimum
flood plain elevation of 933.5 feet at the lowest floor
and/or basement floor.
4. The total structure, existing and addition, will be
brought to minimum current building, energy, electric,
plumbing and heating codes.
Peterson moved and Charon seconded the following resolution:
RESOLUTION X84-27 RESOLUTION TO APPROVE VARIANCES TO
LAKESHORE UNIMPROVED PUBLIC RIGHT-OF-WAY.
AND EXISTING NONCONFORMING SETBACK OF AN
ACCESSORY BUILDING FOR LOTS 1 ~ 2. BLOCK
4~ SHADYWOOD POINT (4901 THREE POINTS
BLVD. - PID X13-117-24 11 0129)
The vote was unanimously in favor. Motion carried.
CASE #84 307• VERN 0 & DIXIE L GROVES. LOTS 5. 6 ~ NEly 20' OF
LOT 7~ BLOCK 7~ ARDENT LOT-SPLIT/SUBDIVISION _A
WAIVER OF CHAPTER 22 PROVISIONS
The Building Inspector explained that the proposal is a
subdivision of the NEly 20 feet of Lot 7 and of Lot 6 to add onto
Lot 5 to create two 6>000 square foot parcels by platted
distance. The present home at 4831 Dale occupies Lot 5 by itself
37
February 28. 1984
and is .5 feet from the lot line. The other parcel is 1/2 of Lot
7 and all of Lot 6. The survey shows the measured distance but
not platted. Actual measured distance of Parcel A is 5920 and
Parcel B is 5 , 86 4 .
The City Manager reported that the Planning Commission
recommended denial of the subdivision request.
Two neighbors were present and expressed their concerns about the
proposed subdivision. Mr. Duwayne Dorfner stated that the
residents of this area are trying. to have an area with more
square footage for lots. Both neighbors spoke against the
proposed subdivision.
The Council discussed the legality of the proposed subdivision
and felt that the platted distance of the parcels as proposed
meet the requirements of the Zoning Code.
Peterson moved and Paulsen seconded the following resolution:
RESOLUTION #8~-28 RESOLUTION TO"APPROVE THE FINAL SUBDIVI-
SION OF LAND FOR LOTS 5,6. AND NEly.20
FEET OF LOT 7. BLOCK 7~ ARDEN PID ~'S 24-
117-2~F 4~t 0077. 0076 ~ 0075)
The vote was unanimously in favor. Motion carried.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked if there were any comments or suggestions from
the citizens present. There were none.
PRELIMINARY REPORT ON POST OFFICE AREA IMPROVEMENTS
The City Engineer presented 3 proposals for the improvement of
the area around the Post Office. They were as follows:
Alternate 1 - would cost approximately $70300 and would
include concrete curb and gutter along a
portion of Auditor's Road and also for the
present city parking lot. There would probably
be extensive subgrade corrections necessary.
It would also include several catch basins for
Auditorts Road.
Alternate 2 - would cost approximately $13000 and is a
scaled down version of Alternate 1. A concrete
sidewalk and a small amount of concrete curb
and gutter is proposed along the east side of
the post office property. Two curbed islands
would be installed at the north end of the City
38
February 28, 1984
parking lot. Parking curbs would remain to
control parking for this lot. To overlay the
street and the City parking lot it could cost
approximately another 57 000.
Alternate 3 - would cost approximately $218-000 and is a full
scale M.S.A. project which would realigned
Auditor's Road from Commerce Blvd. east to
Belmont Lane and then north to County Road 15.
The proposal would not include any work outside
the proposed right-of-way because M.S.A. funds
would be used which means that the upgrading of
the City parking lot (adjacent to the Post
Office) would cost approximately $9,800. He
further explained that the first 150 feet of
Auditor's Road east of Commerce Blvd. is only
~• 50 feet wide whereas 60 feet is required by
the state but the City can probably get a
variance for the narrower right-of-way. This
would mean the parking spaces next to Dr.
Borg's office would'be eliminated.
The Council discussed the 3 proposals. Mayor Polston stated that
he is in favor of Alternate 3 because it would improve the area.
Councilmember Peterson stated that he is for the improvement
around the Post Office but not for the improvement of the entire
road becuuse he felt the road would be too close to the
businesses.
The City Manager suggested holding an informational meeting so
that the businesses fronting on Auditor's Road and the property
owners along. that road have a chance to say if they want a full
scale improvement or not. The Council thought this was a good
idea.
Paulsen moved and Jessen seconded a motion to hold an
informational meeting on Tuesday, April 10, 1984, at 7:30
P.M. in the Council Chambers at 5341 Maywood Road for the
purpose of obtaining input from businesses and_ property
owners along Auditor's Road on the upgrading of that road.
The vote was unanimously in favor. Motion carried.
REPORT FROM NANCY CLOUGH, CITY REPRESENTATIVE TO WEST HENNEPIN
HUMAN SERVICES
Ms. Clough was present and had previously submitted her report
and recommendation to the Council in a memo. She is also
submitting her resignation as representative.
Councilmember Paulsen stated that he felt she was quite critical
of the West Hennepin Human Services Board and asked why..
39
February 28, 1984
She reported that her recommendation is for Mound to withdraw
from the West Hennepin Human Services Board because since she
joined the board in September the emphasis has been on
fundraising to meet the costs of the Board and that they are not
addressing the needs of the community. She feels that the X1,100
paid to West Hennepin Human Services could be better used to
provide service directly to needy residents of Mound through, for
example, the Police Dept.
The City Attcrney suggested that any of this type of expenditure
be done by voucher.
Paulsen moved and Charon seconded the following resolution:
RESOLUTION #8~-29 RESOLUTION TO ACCEPT NANCY CLOUGH'S REPORT
AND RECOMMENDATIONS ON WEST HENNEPIN HUMAN
SERVICES BOARD AND ALSO TO ACCEPT HER
RESIGNATION FROM THAT BOARD
The vote was unanimously in favor. Motion carried.
QUOTATIONS FOR UPGRADING SEWER LIFT STATION
The City Manager explained that this is an ongoing project to
upgrade our sewer lift stations. This year it is proposed to
upgrade the lift station at Sumach Lane and Sparrow Road on Three
Points. Two quotations were received. They were as follows:
Tri-State Pump and Control ~ 9,903.00
Waldor Pump & Equip. Co. $10,735.00
It is recommended that Tri-State Pump and Control be approved.
Polston moved and Peterson seconded a motion to approve the
quotation of Tri-State Pump and Control in the amount of
X9.903.00 for the upgrading of a sewer lift station at Sumach
Lane and Sparrow Road on Three Points. The vote was
unanimously in favor. Motion carried.
MISCELLANEOUS LICENSE APPLICATIONS
The City Manager reported that the following have applied for new
or renewal licenses or permits:
Gambli,.pe Permit Expires Feb. 1
VFW Chamberlain-Goudy Post ~~5113
Garbage Haulers Expires Feb. 28
Blackowiak & Son Westonka Sanitation
Dependable Services Woodlake Sanitation
~o
February 28, 1984
Cigarette Licenses Expires Feb.
Thrifty Drug -
Super America
Surfside
Three Points Tavern
Tom Thumb
Donnies on the Lake
Mound Municipal Liquor
Duane's 66
American Legion Post 398
Mound Super Valu
Mound K Station
28
Al & Alma's
B & L Vending (Seton Mobil)
Bob's Bait Shop
Gas Hut
Grimm's Store
Martins Boat
Mound Lanes
PDQ
Servomation (Tonka)
Ben Franklin - NEW LICENSE
Polston moved and Peterson seconded a motion to approve the
issuance of the various licenses and permits to the places
listed above. The vote was unanimously in favor. Motion
carried.
FIRE DEPARTMENT ACTUARIAL STUDY
The City Manager reported that the Fire Dept. now has the
Actuarial Study completed. He state that this is a separate fund
for the Fire Dept. pension program and is run very well. He went
over the report with the Council. He then reminded the Council
that the Fire Dept. has deferred increases in salary for 2 years
in order to increase the contributions to this fund. Now that
the study is completed and they have adequate resources they
will probably be coming to the Council for an increase in pension
benefits. This was an information item and no action-was taken.
BREAKDOWN OF CERTAIN CITY EXPENSES FOR 19$3
The City Manager presented the Counci-1 with a breakdown of the
costs for 1983 in the areas of engineering. legal. prosecution.
and public works (salaries only).
PAYMENT OF BILLS
The bills were presented for consideration.
Peterson moved and Charon seconded a motion to approve
payment of the bills as presented on the pre-list in the
amount of 562.880.51. A roll call vote was 4 in favor with
Mayor Polston abstaining. Motion carried.
SET DATE FOR PUBLIC HEARING
Peterson moved and Jessen seconded a motion to set March 27.
1984. at 7:30 P.M. as the date for a public hearing on the
Urban Hennepin County Statement of Objectives/1984 and the
City of Mound's proposed use of its Year X Urban Hennepin
County Community Development Block Grant planning allocation
41
February 28, 1984
of #73,656. The vote was unanimously in favor. Motion
carried.
CANCELLATION OF UNIT CHARGE - PID #14-117-24 34 0027, PALMER
KOOSMANN
The City Manager explained that when this property was sold it
was to have a unit charge cancelled when it was combined with the
rest of the property. The combination is being completed and now
the unit charge needs to be cancelled.
Paulsen moved and Charon seconded the following resolution:
RESOLUTION #84-30 RESOLUTION CORRECTING RESOLUTION #81-365
CANCELLING CERTAIN SPECIAL ASSESSMENTS
THAT ARE ON LOT 4, BLOCK 14, MOUND
TERRACE, PLAT 61890, PARCEL 9500, PID #14-
117-24 34 0027
The vote was unanimously in favor. Motion carried.
AUTHORIZE ADVERTISING FOR BIDS
1984 SEAL COAT PROGRAM
Paulsen moved and Jessen seconded a motion to advertise for
bids-for the 1984 Seal Coat Program which will open at 10:00
A.M., Friday, April 6, 1984, in the Council Chambers at 5341
Maywood Road. The vote was unanimously. in favor. Motion
carried.
1984 ELEVATED TANK RESTORATION AND IMPROVEMENTS
Charon moved and Peterson seconded a motion to advertise for
bids for the 1984 Elevated Tank Restoration and Improvements
which will open at 10:00 A.M., Tuesday, April 10, 1984, in
the Council Chambers at 5341 Maywood Road. The vote was
unanimously in favor. Hotion carried.
MISCELLANEOUS/INFORMATION
A. Letter from Tonka Re: Lost Lake Soil Analysis.
B. 1983 Police Reserve Annual Report.
C. Clipping on Tonka Building Sale.
D. Memo from LMCD on long term reliable car-trailer parking
standards.
E. HUD Jobs Program Memo.
42
February 28, 1984
F. Continental Telephone Letter.
G. American Legion Gambling~Report for January 1984.
H. Twin Cities Labor Market Information for February.
I. Met Council Reivew dated February 10, 1984.
J. LMCD Minutes from January 25, 1984.
K. Proposed LMCD ordinances:
1. Special Event Permits.
2. Channel Obstructions.
3. Nighttime Speed.
L. LMCD Report on Charter Boats on Lake Minnetonka.
M. AMM Legislative Proposals for 1983-1984.
Charon moved and Peterson seconded a motion to adjourn at
10:15 P.M. The vote was unanimously in favor. Motion
carried.
;~~
J n Elam, City Manager
~~~Q~~
Fran Clark. City Clerk
BILLS----FEBRUARY 28,.1984
Acro-MN
Abdo, Abdo ~ Eick
Areawide Locksmith
Berry Auto
Holly Bostrom
Gayle Burns
Dytec
Jan Bertrand
Conway Fire ~ Safety
Cy's Uniforms
Chapin Publishing
Contel
Davies Water Equip
Jon Elam
John Ewald III
Electronic Center
First Bank Mills
Feed-Rite Controls
Henn Co. Sheriffs Dept
Henn Co. Dept Prop Tx
Henn Co. Chiefs Police PTAC
Henn Co. Treas
Eugene Hickok ~ Assoc
Illies ~ Sons
Kool Kube Ice
Lake Region Mutual Aid
Lathrop Paint Supply.
MacQueen Equip
Mills Oxygen
Minnegasco
Metropolitan Fire 'Equip
Mound Super Valu
No. Star Waterworks Prod
NW Bell Tele
N.S.P.
Porter Seal
Pitney Bowes Credit
P.D.Q. Food Stores
Bob Ryan Ford
Smith Heating ~ Air
Spring Park Car Wash
Don Streicher Guns
Thrifty Snyder Drug
Thurk Bros. Chev
Van Doren-Hazard-Stallings
United Fire Fighters Assn
Western Tree Service
Waconia Ridgeview Hosp
R.L. Youngdahl ~ Assoc
Zack's, Inc.
961.86
518.00
390.00
44.00
318.00
25.89
17.35
34.46
139.00
30.56
80.00
1,151.86
60.45
21.48
43.56
44.13
4.00
35.69
2og.g8
228.08
90.00
353.40
1,485.40
1,231.75
71.00
10.00
390.47
263.68
7.00
2,553.41
645.00
46.64
876.57
270.05
4,231.42
318.24
26.00
1,453.60
100.00
73.00
90.00
86.1g
16.95
20.10
559.00
25.00
675.00
72.00
100.00
79.40
~.
The Prest Co.
MN Safety Council
Kirk Corson
Al ~ Almas
Bill Clark Oil
Eklund Co.
Griggs, Cooper
Eugene Hoff
Internatl Council Shop.Cntr
Johnson Bros. Liquor
Lathrop Paint
Mound Postmaster
NAIOP
Ed Phillips
Quality Wine
John Scherven
Un i v of MN
W.J. White Co.
Total Bills
658.00
60.00
71.37
442.10
1,612.21
2,325.00
2,396.58
25.97
150.00
3,648.61
786.18
600.00
13.00
1,773.95
1,652.90
25,000.00
85.00
1,000.00
62,880.51