1984-03-1343
March 13, 1984
REGULAR MEETING
OF THE
CITY COUNCIL
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on March 13, 1984, at 7:30 P.M. in the Council
Chambers at 5341 Maywood Road, in said City. Those present were:
Mayor Bob Polston. Councilmembers Phyllis Jensen, Gary Paulsen
and Russ Peterson. Councilmember Pinky Charon was absent and
excused. Also present were: City Manager Jon Elam, City
Attorney Jim Larson, City Engineer John Cameron. City Clerk Fran
Clark, Building Inspector Jan Bertrand and the 'following
interested citizens: Frieda Olson, Paul Withers, Oswig Pflug,
John Morgan, Peter Zubert, Chris Gerold representing Frieda
Olson, Bill Magrand and Larry Connolly.
The Mayor opened the meeting and welcomed the people in
attendance.
MINUTES
The Minutes of the February 28, 1984, Regular Meeting were
presented for consideration. Councilmember Peterson noted a
correction on Page 37, Resolution 484-38 should not have read "to
concur with the. Planning Commission recommendation". _
Peterson moved and Jensen seconded a motion to approve the
Minutes of the February 28, 1984, Regular Meeting, as
corrected. The vote Kas unanimously in favor. Motion
carried.
PUBLIC HEARING• PROPOSED IMPROVEMENT OF DENBIGH ROAD
The City Engineer explained that the proposed improvement of the
now private portion of Denbigh Road would make this road 18 feet
wide from the back of the curb to back of the curb. Putting in a
cul-de-sae was impossible due to the limited space available..
The road would be 22 feet from the nearest garage with an
estimated cost of $23,900.00. He then explained the City of
Mound's assessment policy to the public.
The Mayor opened. the public hearing and asked for any comments
for or against the proposed improvement of Denbigh Road.
FREDA OLSON - 4414 Wilshire Blvd. stated that she would not
benefit from this road because her driveway is on
Wilshire Blvd. and she never uses Denbigh. Also that
the road would be within 22 feet of her house and would
depreciate her value.
~~
March 13, 1984
PAUL W ITHERS - 4416 Denbigh Road, asked what the engineer had
planned for the end,of this road.
The City Engineer answered that a dead end road is
planned because it would be a safety hazard to bring
this road onto Wilshire Blvd. and being a dead end would
probably keep the traffic down.
OSWIN PFLUG - 4440 Denbigh Road, stated that he is completely
against the improvement of this road as it is proposed
because it would only be 16 feet wide and would not
leave enough room for 2 cars to pass during the winter
when there is snow on the sides of the road. Parking
would also become a problem if the street were a public
street instead of a private road. If it were left a
dead end street people would have to turn around in
someones driveway which would cause a problem. As it is
now all the properties on that stretch of Denbigh have
easements to cross property to get to Wilshire Blvd.
JOHN MORGAN - 4400 Wilshire Blvd,,, stated that he is for the
Alternate A improvement because as it stands now people
are going out to Wilshire on his property. He has
checked his deed and has no private easements recorded
on it for people to use his property.
The City Attorney explained that the subject of those easements
is a private matter which does not concern the City. They are
private easements.
PAUL WITHERS, stated he would like to see the road put in and
be able to see what he is paying taxes for, i.e. snow
plowing, garbage service, etc..
PETER ZUBERT, 8238 Oregon Rd., Bloomington, MN., stated he
owns Lots 94, 95 and 96 and is against the road and the
assessment because his lots front on Wilshire Blvd. and..
do not benefit from the road. The road may also have a
negative impact on the buildability of the lots with
streets on both sides of the lots, He is also against
the City taking 15 feet of his property while taking
less o~n the other side of Denbigh.
The City Engineer explained that the reason they w ould be taking
more property on Zubert's side of the street is that they are
trying to keep the proper setbacks for the garages on the other
side of the street. The City Manager stated that Mr. Zubert may
not be able to get permission from the County to have a driveway
access on Wilshire because of the safety aspect.
45
March 13, 1984
CHRIS GEROLD - attorney representing Freda Olson, stated that
it was his understanding that in order for the City to
assess someone for an improvement they had to benefit.
The City Attorney explained that we are here tonight only to
consider if we should have an improvement.
FREDA OLSON - stated that the City would be taking more than
15 feet of her property on the curve for the road.
The Mayor closed the public hearing.
Councilmember Peterson thanked everyone for their comments and
the points brought out. He further stated that he felt when
equal amounts of land are not being taken from both sides of the
road, the people who have to give more should be compensated.
Councilmember Paulsen agreed.
Councilmember Jessen asked if there would be any on street
parking after the new street is installed. The City Engineer
answered no.
Councilmember Jessen questioned how many of the .people who
originally signed the petition for the improvement were still in
favor of the road because there only appeared to be two people
present for the road three against and the remainder on the
petition did not show up or comment either way.
Peterson moved and Paulsen seconded the following resolution:
RESOLUTION #84-31 RESOLUTION TO DENY MAKING IMPROVEMENTS TO
A NOW PRIVATE PORTION OF DENBIGH ROAD THAT
RUNS EAST TO CARDIFF LANE
The vane was 3 in favor with Mayor Polston voting nay. Motion
carried.
Mayor Polston stated that the City has spent $1,500 of taxpayers
money to get this far with this proposed improvement and he feels
before anymore of these petitions are presented, the citizens
should have more of a consensus for a project so this work-is not
done for nothing at a cost to the general taxpayers.
PUBLIC HEARING- ARVIN SENNE, MARK JOHNSON, STEVE TESSMER, LOT 3,
AUDITORS SUBD X170, 5558 AUDITORS ROAD, CONDITIONAL USE PERMIT
FOR t~HOLESALE AND ASSEMBLY OPERATIONS - CASE X84-303
The City Manager explained that this request is for a Conditional
Use Permit for the rear portion of the building that houses the
House of Moy fronting on Auditor's Road. It is the space that
Watson was going to use for the arcade. The area is proposed for
sailboard storage and sales center marketing area and an area for
46
March 13~ 1984
a cabinet shop. The Planning Commission has recommended approval
of the conditional use permit with the following conditions:
1. No outside storage of any materials will be permitted.
2. No painting staining varnishing or similar activity
will be permitted on the premises.
3. No space within either business shall be subleased or
used by another party in any manner.
4. Expansion of the floor area of either business shall not
occur without modification of the conditional use
permit.
5. The alternate fire separation between the A-3 restaurant
and H-3 woodworking shop will be reduced from a 4 hour
occupancy separation to a 2 hour fire rated .assembly
under the Uniform Building Code provisions for partition
walls and structural members with a sound rating of 50
decibels. •
Councilmember Paulsen asked what the difference was between
manufacturing and assembly. The City Attorney stated there are
no definitions in the zoning ordinance to clarify this point.
The Mayor opened the public hearing and asked for comments from
the citizens present. There were none. The Mayor closed the
public hearing.
Councilmembers Jessen and Paulsen asked the applicants how they
would be disposing of scrap and sawdust. The applicants. replied
they have a 1 cubic yard dumpster and a dust collector hooked to
each machine that empties into one area. They also stated they
would be cleaning the shop daily.
Peterson moved and Jessen seconded the following resolution:
RESOLUTION #84-32 RESOLUTION
PERMIT FOR
STORAGE AND
33 0005
TO APPROVE A CONDITIONAL USE
A CABINET SHOP AND SAILBOARD
SALES CENTER - PID #13-117-24
The voted was unanimously in favor. Motion carried.
PUBLIC HEARING• WARREN ORTENBLAD, VACATE ALLEY ABUTTING WEST
SIDE OF LOT 36, MOUND ADDITION. PID #14-117-24 41 0055. 5824
SUNSET ROAD - CASE #$4-30?F
The City Manager explained that this vacation is being requested
so that the property owner may build a garage. The alley has
never been and never will be used. The Planning Commission has
47
March 13~ 1984
recommended approval with the stipulation that all abutting
property owners be notified..
The Mayor opened the public hearing and asked for comments from
citizens present. There were none. The Mayor closed the public
hearing.
Paulsen moved and Jessen seconded the following resolution:
RESOLUTION #84-33 RESOLUTION VACATING CERTAIN ALLEY EASEMENT
BETWEEN GRANDVIEN BOULEVARD AND SUNSET
ROAD
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING• DOW-SAT OF MN 2381 WILSHIRE BLVD. CONDITIONAL
USE PERMIT TO EXPAND EXISTING 40 FOOT TOWER TO A HEIGHT OF 80
FEET CASE #84-306
The City Manager explained that Dow-Sat w ould like to raise the
existing tower from 40 feet to 80 feet to increase reception on
local antenna stations here in Mound and to microwave
interconneting with other communities. The Planning. Commission
has recommended approval with the following conditions:
1. Only lineal type antenna s excluding dish antennas and
similar devices shall be attached to the top of the
structure and any other portion thereof.
2. Dow-Sat is presently utilizing their building under a
temporary occupancy permit with an expiration date of
June. 1984. In order to obtain a permanent occupancy
permit minor building improvements need to be completed
and a landscaping plan must be submitted and approved by
the City.
3. The applicant shall submit revised town analysis data to
the Building Inspector for review and approval.
Polston moved and Peterson seconded the following resolution:
RESOLUTION #84-34 RESOLUTION TO APPROVE A CONDITIONAL USE
PERMIT FOR THE EXPANSION OF THE EXISTING
40 FOOT ANTENNA,SUPPORT STRUCTURE TO $0
FEET ON PROPERTY OWNED BY DOW-SAT OF
MINNESOTA, INC. - PID #13-117-2~F 34 0071
The vote was unanimously in favor. Motion carried.
~+ 8
March 13~ 1984
CASE #84-309. JON SCHERVEN. 2271 COMMERCE BLVD. LOT 52. M ~ B
LYNWOLD PARK. LOT SIZE VARIANCE. PID #1~-117-2~+ ~~ 0039
The City Manager explained that a lot size variance was granted
when Mr. Scherven remodeled the front part of the building and
now he is asking for the same variance in order to remodel the
rear of the building. The Planning Commission recommended
approval at their meeting last evening.
Paulsen moved and Peterson seconded tree following resolution:
RESOLUTION #84-35 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION RECOMMENDATION TO APPROVE THE
LOT SIZE VARIANCE AS REQUESTED FOR PART OF
LOT 52. LYNWOLD PARK ADDITION (2271
COMMERCE BLVD.) (PID #1~4-11?-24 ~F4 0039)
The vote was unanimously in favor. Motion carried.
CASE #84=311. CITY OF MOUND. SUBDIVISIONILOT SPLIT LOT 3. BLOCK
1. RUSTIC PLACE PID #23-117-24 31 0075
The City Manager explained that this was part of the purchase
agreement when the Council approved selling the lots in Rustic
Place. The Planning Commission has recommended approval of this
subdivision/lot split as requested.
Paulsen moved and Jessen seconded the following resolution:
RESOLUTION #$~-36 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION RECOMMENDATION AND APPROVE THE
FINAL SUBDIVISION OF LAND FOR LOT 3. BLOCK
1. RUSTIC PLACE .(PID #23-117-2~ 31 0075)
The vote was unanimously in favor. Motion carried.
DISCUSSION~OF CITY-HRA STAFF RELATIONSHIP
Councilmember Paulsen requested this item be put on the. Agenda.
The City Manager .explained that he sees no problem or conflict
in his working with the HRA on any tax increment project etc.
Councilmember Paulsen stated that he felt that the HRA will be
receiving an indirect subsidy from the City by having Jon work
for them as a consultant. He felt they requested a levy and
should use it to pay for the service of a consultant whether it
be Jon or whoever.
Councilmember Jessen stated that she supports the Manager working
with the HRA on these projects'.
49
March 13 ~ 1984
The City Manager presented a memo from City Planner Mark Koegler
estimating that the total costs for a preliminary feasibility
recommendation should not exceed $1,000. It also gave an
estimated timetable for the report.
The City Manager also presented the formal application from
Smiley/Glotter Associates requesting tax increment financing
assistance for the project identified as Town Square.
Councilmember Paulsen requested that the Council pass a motion
supporting the Manager working with the HRA and having him keep
the Council up-to-date on the progress.
Jessen moved and Peterson seconded a motion supporting the
position of the City Manager working with the HRA on tax
increment financing and asking that the Manager keep the
Council informed of the progress and the hours he is putting
in on this process. The vote was unanimously in favor.
Motion carried.
Paulsen moved and Jessen seconded a motion to accept the
application for tax increment financing assistance as
submitted by Smiley/Glotter Associates and refer it to the
HRA. The vote was unanimously in favor. Motion carried.
POTENTIAL DUMP SITE IN MINNETRISTA
Councilmember Paulsen explained that he asked for. this item to be
put on the Agenda so that the Council could take -a position.
against the potential selection of Minnetrista as a dump site.
The Mayor explained that the Council last year submitted a
resolution opposing Minnetrista as a dump site.
Councilmember Paulsen felt that another resolution should be
submitted opposing this site.
Councilmember Jessen stated that she feels for Minnetrista but
that the Metropolitan Council is doing a complete and thorough
study in the site selection and that we should leave that
decision to them to decide. Anyone in any of the potential areas
selected for the dump site would be against this.
Paulsen moved and Polston seconded a motion to take a formal
position opposing the potential selection of Minnetrista as a
landfill site. The vote was 2 in favor with Councilmember
Jessen voting nay and Councilmember Peterson abstaining.
Motion denied.
STATUS REPORT ON COUNTY ROAD 15 MEETINGS
Councilmember Paulsen requested that this item be on the Agenda.
50
March 13~ 198
Mayor Polston read a memo that was sent to all Hennepin County
Commissioners by Commissioner Bud Robb regarding County Road 15
improvements between CSAH 19 and 110. He informed the Council
that the Public Service Committee will hear comments regarding
County Road 15 on March 22~ 198~4~ and urged all who could attend
to be there. No further action was taken.
COMMENTS AND SUGGESTIONIS FROM CITIZENS PRESENT
The Mayor asked if there were any citizens present with comments
or suggestions for the Council. There were none.
BLACK LAKE BRIDGE. LAKEWINDS CONDOMINIUMS
Mr. Bill Magrand representing Northco Development owners of
Lakewinds Condominiums was present. He explained that Northco
has invested a considerable amount of money in the remodeling of
the Lakewinds Apartments to sell them as condominium s with the
new name being Lakewinds Yacht and Sports. Northco had already
started this process when they learned last Fall that the County
was planning to replace the Black Lake Bridge on County Road 125
this Spring. They have contacted the County and have it all lined
up to delay the replacement of this bridge because it will
interfer with their marketing program this Spring. The County
would like the City to favorably concur with the delay in an
effort to work with the developers. The County has promised that
they will still replace the bridge this Summer. The bridge will
take 60 working days to replace so it would mean delaying the
start of the bridge replacement until possibly May or~June. -
The Council discussed this problem and also the problem of having
the bridge uncompleted by the time school starts and the school
buses have to use alternative routes.
Peterson moved and Paulsen seconded a motion to concur with
the delay the County is contemplating for starting the
replacement of the Blaek Lake Bridge provided the bridge is
completed by August 27. The vote was 2 in favor with Polston
and Jessen voting nay. Motion denied. _
SOIL ANALYSIS WORK ON LOST LAKE
The City Manager reported that he must again table this item. He
has met with the PCA and they said no t.o all questions. The two
proposals the City have cannot be compared on an apples to apples
basis and will have to be clarified by the two proposers. No
action was taken.
SET DATE FOR PUBLIC HEARING• PROPOSED AMENDMENT TO THE ZONING
CODE
Peterson moved and Paulsen seconded a motion to set April 10.
51
March 13~ 1984
1984,. at ?:30 P.M. to hold a public hearing to amend the
Zoning Code to allow (t) Motor Fuel Station and (2) Motor
Fuel Station. Convenience Store in the B-1 Central Business
Zoning District by Conditional Use Permit. The vote was
unanimously in favor. Motion carried.
PAYMENT OF BILLS
The bills were presented for consideration.
Peterson moved and Paulsen seconded a motion to approve the
payment of the bills as presented on the pre-list in the
amount of 5164,940.98. when funds are available. A roll call
vote was unanimously in favor. Motion carried.
POLICE RESERVES
The Mayor suggested that the Council recognize all the- hours the
Police Reserve Unit donates to the City by proclaiming March 27~
1984 Police Reserve Recognition Day in the City of Mound.
Jessen moved and Peterson seconded the following proclamation:
RESOLUTION 84-37 RESOLUTION PROCLAMING MARCH 27. 1984 AS
POLICE RESERVE UNIT RECOGNITION DAY IN THE
CITY OF MOUND
The vote was unanimously in favor. Motion carried.
MISCELLANEOUS/INFORMATION
A. Commons maintenance proposal for 1984.
B. Shopping Center Conference Memo.
C. Metropolitan Council Review - February 24. 1984.
D. Westonka Seniors Newsletter - March 1984.
E. Appointment of a City Representative to HUD Citizen Advisory
Committee.
F. Chamber of Commerce Newsletter - March 1984.
G. Compost Information.
H. Humphrey Institute March Calendar.
I. Memo from Congressman Sikorski regarding IRB's.
J. Public Service Redesign Project Memo (Two Alternate Routes to
the Improvement of Education).
52
March 13, 1984
The City Manager gave the Council a financial update on the end
of the year report (1983).
The Mayor suggested setting up a Committee to study the public
works building question. Some of their goals could be as
follows:
1. Whether a public works building is needed.
2. What site.
3. How to finance.
The Council asked the City Manager to put together a structure
for a Public Works Task Force with goals and objectives for this
Committee. This should be brought back to the Council at the
next meeting.
Mayor Polston stated that Nancy Clough is interested in being
appointed to the Park Commission.
Peterson moved and Polston seconded a motion to adjourn at 10:00
P.M. The vote was unanimously in favor. Motion carried.
~~~~
J n Elam, City Manager
'~~~~o~~
Fran Clark> City Clerk
BILLS----MARCH 13, 1884
Ziegler, Inc 33,413.00
Commissioner of Revenue 3,903.78
Karol Charon 330.00
Bill Clark Oil 1,811.71
Director of Property Taxa 637.44
Jon Elam 779.00
Griggs, Cooper 3,467.88
Govt Training Srv 75.00
Bill Hudson 31.05
Larry Heitz 740.00
Henn Co. Recorder 90.00
ISFSI 120.00
Phyllis Jessen 330.00
Johnson Paper 248.05
Johnson Bros. Liquor 2,820.77
Dick Johnson 35.00
Metro Waste Control 420.75
City of Mound 46.23
Mound Postmaster 100.00
Metro Waste Control 29,986.80
Quality Wine 1,109.93
Ed Phillips ~ Sons 3,118.17
Barry Palm 740.00
Nels Schernau 24.18
Air Comm 114.00
Babler Auto Body 845.06
Cromer Management 245.00
Henn Co. Chiefs Police-PTAC 390.00
IIMC Conference 195.00
Metro Fone Communications 23.60
Real One Acquisition 708.05
Suburban Community Services 898.25
United Business Machines 17.29
Westonka Community Services 7,810.41
Western Tree Service 604.00
Allstar Electric 269.01
American Flagpole ~ Flag Co. 300.00
Air Power Equip 239.96
Ashland Chemical 115.50
Holly Bostrom 251.00
Donald Bryce 100.00
Butchs Bar Supply 211.50
Burlington Northern 533.33
Bowman Barnes 155.88
Berry Auto, inc. 18.00
Bryan Rock Products 283.03
Blackowiak ~ Son 56.00
Bradley Exterminating 19.00
Cargill Salt 179.76
Coast to Coast 123.66
Coca Cola Bottling 217.55
City Club Distributing 2,248.20
R.L. Youngdahl 47.53
Widmer Bros 1,258.00
Water Prod ct
City wide ~ervices 27 0
10:~5
Robert Cheney 367.00
J.P. Cooke Co. 93.43
Day Distributing 3,046.66
Decker Supply Co. 165.00
Dependable Services 33.00
East Side Beverage 3,305.94
Fire Control Extinguisher 1b5.00
Glenwood Inglewood 48.80
Hecksel Machine Shop 12.00
Henn Co. Treas 1,515.25
Heiman Fire Equip 13,909.72
Kromer Co. 8,698.00
Lathrop Paint Supply 123.64
Lowells 28.61
The Laker 88.78
Minnegasco 2,75T'.84
Mound Fire Dept 4,341.15
Munic Finance Offic Assn 10.00
City of Mound 29.60
Municipals 5.00
Martins Navarre 66 30.00
Marina Auto Supply 324.01
Wm Mueller ~ Sons 1,971.50
Navarre Hdwe 202.40
North Star Waterworks 34.63
N.S.P. 4,092.21
Neptune Water Meter Co. 588.19
Chas. Naslund 372.20
Newman Signs 414.50
A.J. Ogle Co. 983.90
Oswald Fire Nose 2,053.00
Popham Haik Kaufman 1,819.26
Pepsi Cola/7 Up 378.60
Pogreba Distributing 4,387.25
Royal Crown Bev. 119.80
Road Machinery 180.00
Rustique Decorating 4.34
Spring Park Car Wash 129.00
Suburban Tire 178.52
Shepherds Rugs 13.45
Stevens Well Drilling 123.12
Don Streicher Guns 102.25
Twin City Garage Door 80.00
Thorpe Distributing 3,598.15
Twin City Home. Juice 102.74
Specialty Equip 97.72
Thurk Bros Chev 67.25
Village Chev 127.56
Westinghouse Elec 448.93
Xerox 82.72
TOTAL BILLS 164,940.98