1984-05-0884
May 8, 1984
REGULAR MEETING
OF THE
CITY COUNCIL
The City Council of Mound, Hennepin County Minnesota, met in
regular session on May 8, 1984, at 7:30 P.M. in the Council
Chambers at 5341 Maywood Road, in said City. Those present were:
Mayor Bob Polston, Councilmembers Pinky Charon, Phyllis Jessen,
Gary Paulsen and Russ Peterson. Also present were: City Manager
Jon Elam, City Attorney Curt Pearson, City Clerk Fran Clark,
Building Inspector Jan Bertrand and the following interested
citizens: Mrs. Moy, Gloria Yule, George Millford, Mr. & Mrs. Dan
Martin, Jim Thompson and Boy Scout Troop ~~569.
The Mayor opened the meeting and welcomed the people in
attendance, specifically Boy Scout Troop ~~569.
MINUTES
The Minutes of the April 24, 1984, Regular Meeting were presented
for consideration.
Peterson moved and Paulsen seconded a motion to approve the
Minutes of the April 2~. 198~F, Regular Meeting as submitted.
' The vote was unanimously in favor. Motion carried.
PUBLIC HEARING• TO CONSIDER ISSUING A CONDITIONAL USE PERMIT TO
THE HOUSE OF MOY TO OPERATE A CLASS III RESTAURANT
The Mayor explained that this is only a public hearing to allow
the. House of Moy to operate as a Class III restaurant in a B-1
District.
Mayor Polston opened the public hearing and asked for any input
for or against the issuance of the Conditional Use Permit. There
was none. Mayor Polston then closed the public hearing.
The City Manager explained that the Planning Commission also held
a public hearing on this issue and then voted to recommend
approval.
Peterson moved and Paulsen seconded the following resolution:
RESOLUTION X84-63 RESOLUTION TO AUTHORIZE THE ISSUANCE OF A
CONDITIONAL USE PERMIT FOR A CLASS III
RESTAURANT AT THE HOUSE OF MOY, 5555
SHORELINE .BLVD - PID X13-117-24 33 0005
The vote was unanimously in favor. Motion carried.
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May 8, 1984
PUBLIC HEARING- TO CONSIDER A WINE LICENSE FOR HOUSE OF MOY
The Mayor opened the public hearing and asked for any comments
for or against the issuance of a wine license to the House of
Moy. There were none. The Mayor closed the public hearing.
Charon moved and Jessen seconded a motion to authorize the
issuance of a Wine License to the House of Moy, 5555
Shoreline Blvd. The vote Was unanimously in favor. Motion
carried.
PUBLIC HEARING: TO CONSIDER AMENDING YEAR VIII ~ YEAR IX CDBG
PROGRAM
The City Manager explained that the following would reallocate
funds as follows:
PRESENT
BALANCE
712/756 9,344
752/757 17 , 420
252 5,822
754 25,000
' TOTALS 57,585
REVISED FUNDS
BALANCE AVAILABLE
4,000 5,344
5,000 12,420
-0- 5,822
10,000 15,000
19,000 38,585
The funds available would then be transferred to:
755 8,778 38,585 47,363
This will then allow more Low interest commercial rehabilitation
loans in the Downtown area.
The Mayor opened the public hearing and asked for any comments
for or against this item. There were none. The Mayor then
closed the public hearing.
Peterson moved and Charon seconded the following resolution:
RESOLUTION X84-64 RESOLUTION TO APPROVE A REALLOCATION OF
YEAR `VIII, IX. AND X CDBG PROGRAM FUNDS
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING: PROPOSED VACATION OF UTILITY AND DRAINAGE
EASEMENTS, LOTS 2 AND 3, BLOCK 1_. RUSTIC PLACE
The City Manager explained that the new owners of Lots 2 and 3,
Block 1, Rustic Place, are willing to sign a new easement for a
smaller amount of land. The old easement is no longer necessary
because storm sewer has been installed in that area. He went on
to explain that Lot 1 would also like to have the easement
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May 8, 1984
vacated and sign a new smaller easement.
The Mayor opened the Public Hearing and asked for any comments
for or against this vacation. There were none. The Mayor closed
the public hearing.
The City Attorney pointed out that if Lot 1, Block 1, Rustic
Place desires to vacate the easement across their property we
would have to republish the notices because it was not on the
original vacation application. He suggested continuing the
public hearing until Lot 1 and Lot 4, Block 1, Rustic Place have
come in and applied for their vacation. That way the City can
get the Engineer to provide the proper easement descriptions and
have the easements themselves properly signed and executed and
the proper published notice can be done.
Paulsen moved and Peterson seconded a motion to continue the
public hearing on the proposed vacation of utility and
drainage easements on the lots in Rustic Place to a date when
all the legal requirements are met. The vote was unanimously
in favor. Motion carried.
CASE ~8~-322• RAYMOND & GLORIA YULE, 5900 RIDGEWOOD ROAD, LOTS
16 & 17, BLOCK 5, THE HIGHLANDS, FRONT YARD__
VARIANCE
The City Manager explained that this request is to replace the
deck with an addition 12 feet out and 28 feet across with a full
basement and a three season porch above it. Present ordinance
would require a corner lot to have two front yard setbacks of 20
feet. The variance needed to Longfellow would be 3.0 feet. The
Planning Commission recommended approval of the variance.
Charon moved and Jessen seconded the following resolution:
RESOLUTION ~8~-65 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION RECOMMENDATION TO APPROVE A
FRONT YARD SETBACK VARIANCE FOR 5990
RIDGEWOOD ROAD, PID X23-117-24 43 0013
The vote was unanimously in favor. Motion carried.
CASE ~8~t-321: GEORGE MILLFORD, 229 LANGDON LANE, LOTS 6 ~ 7,
BLOCK 1, MACK'S ADDITION, FRONT YARD VARIANCE
The City Manager explained that the reason for Mr. Millford's
request is as follows. The house actually sits about 34 feet off
the east leg of the "Y" and 51 feet off the west leg ofthe nyrr
and is about 6 (plus or minus) feet to the property line. The
road was never improved to make a full width cul-de-sacs only a
"Y"- but it is still on the plat and thus is creating a hardship
on the applicant. The Planning Commission recommended approval
87
May 8 , 1981
of this variance.
Paulsen moved and Peterson seconded the following resolution:
RESOLUTION ~8~-66 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION RECOMMENDATION TO APPROVE THE
REQUEST FOR A 24 FOOT FRONT YARD VARIANCE.
LOTS 6 AND 7. BLOCK 1, MACK'S ADDITION
The vote was unanimously in favor. Motion carried.
CITY WIDE RECYCLING PROGRAM
The City Manager explained that several of the Councilmembers
expressed an interest in having the city start a recycling
program. The City has a chance to hire an intern, Kathy Kluth
from the University of Minnesota, to research a recycling program
and report back to the Council. Now the question is does the
City do the report first or set up a Committee to study the
question and give input on recycling. The Council discussed both
options.
Charon moved and Paulsen seconded the following resolution:
RESOLUTION X84-67 RESOLUTION TO FORM A COMMITTEE FOR
STUDYING A RECYCLING PROGRAM FOR MOUND
The vote was unanimously in favor. Motion carried.
The City Manager stated he would put an ad in the newspaper
asking for volunteers for this Recycling Committee.
PROPOSED PROGRAM FOR YEAR X CDBG FUNDS
The City Manager explained that the action taken in Item 4~~t now
requires that we approve the changes in the Year X CDBG Budget.
The following are submitted for approval:
Neighborhood Park Improvements X16,000
Downtown Improvement Financing 30,000
Street Imp.-Special Assessment Grants 3,656
Small Business Financing Assistance 22,211
Rental Rehabilitation 5,000
TOTAL $76,870
Charon moved and Peterson seconded the following resolution:
RESOLUTION ~8~-68 RESOLUTION APPROVING THE REALLOCATION OF
YEAR X CDBG FUNDS AND AUTHORIZING
SUBMITTAL OF SAME TO HENNEPIN COUNTY
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May 8, 1984
The vote was unanimously in favor. Motion carried.
STREET LIGHT REQUEST: CENTERVIEWBEACH
The City Manager explained that there are 11 dock permit holders
on Centerview Beach. Mr. Dan Martin has been able to contact 7
of the 11 and they are requesting 2 street lights be installed
along the access road to the parking area with the dock permit
holders to pay for the monthly changes. They are requesting this
to eliminate the serious problem of thef t vandalism and possible
personal injury that they feel now exists. The Staff has
recommended approval of the installation of two lights.
Polston moved and Paulsen seconded the following resolution:
RESOLUTION ~$~F-69 RESOLUTION AUTHORIZING THE INSTALLATION OF
TWO STREET LIGHTS ALONG THE ACCESS ROAD TO
CENTERVIEW BEACH - WITH THE DOCK PERMIT
HOLDERS IN THAT AREA TO PAY THE MONTHLY
CHARGES
The vote was unanimously in favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS_PRESENT
The Mayor asked if any of the citizens present would like to make
any comments or suggestions. There were none.
STIPULATIOIN FOR DISMISSAL WITHOUT PREJUDICE - CITY OF MOUND VS
DONALD R. KEMPF
The City Manager explained that this is a suit that was filed 4
or 5 years ago for a violation in the old Zoning Ordinance and
not taking out a building permit for improvements that were made
at that time. In 1982 the Zoning Ordinance was changed and the
beachhouse became a conforming accessory building. Donald Kempf
has agreed to take out a building permit pay the fees and do
what is necessary to get the beachhouse up to code so the Staff
is recommending approval of the Stipulation for Dismissal without
Prejudice.
Peterson moved and Charon seconded the following resolution:
RESOLUTION ~8~-70 RESOLUTION AUTHORIZING THE MAYOR AND THE
MANAGER TO SIGN A STIPULATION FOR
DISMISSAL WITHOUT PREJUDICE IN THE DONALD
R. KEMPF CASE
The vote was unanimously in favor. Motion carried.
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May 8, 1984
PAYMENT OF BILLS
The bills were presented for consideration.
Paulsen moved and Jessen seconded a motion to approve the
payment of bills as presented on the pre-list in the amount
of #156,994.32, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
LIQUOR LICENSE RENEWAL - DONNIE~S ON THE LAKE
Paulsen moved and Peterson seconded a motion to approve the
renewal of a liquor license for Donnie's on the Lake. The
vote was unanimously in favor. Motion carried.
ADVERTISE FOR BIDS FOR NEW DUMP TRUCK
The City Manager explained that we have a dump truck with over
120,000 miles and it will need to be replaced. In checking, the
delivery on these dump trucks is 6 months and over behind the
time they are ordered so that by the time we order it will be
June and delivery would probably not be until after the 1st of
next year. The specifications were presented and the bid opening
date is suggested to be June 11, 1984.
Paulsen moved and Jessen seconded a motion to appfove the bid
specifications for a new dump truck as submitted and
authorize the advertisment for bids which are to be opened
June 11, 1984, at 10:00 A.M. The vote was unanimously in
favor. Motion carried.
BOB JOHNSON EMPLOYMENT CONTRACT
Paulsen moved and Charon seconded the following resolution:
RESOLUTION #84-71 RESOLUTION TO APPROVE THE EMPLOYMENT
CONTRACT WITH BOB JOHNSON
The vote was unanimously in favor. Motion carried.
THREE POINTS TAVERN (NOW THE~LIGHTHOUSE) CONDITIONAL USE PERMIT
The City Manager reported that only 2 of the 9 items that
conditioned his license renewals, for six months or until May 15,
1984, have been completed since November 15, 1983. The Building
Inspector wrote to Mr. Rager on March 29, 1984, asking what his
plans were as to complying with the conditions. She reported
that Mr. Rager thought since he wasn't serving beer anymore and
was using the facility strictly for a restaurant, that he did not
have to comply. He was informed he still needs a conditional use
permit to operate his restaurant in a residential area. The
Council discussed the possibility of revoking his licenses which
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May 8, 1984
are: cigarette, restaurant, games of skill and pool tables.
Charon moved and Jessen seconded a motion to refer this item
back to the Staff to get together the necessary facts for a
due process hearing on Mr. Rager's licenses and contact Mr.
Rager to see if he can get the conditions complied with by
the next meeting. The vote was unanimously in favor. Motion
carried.
COUNTY ROAD 15 STREET LIGHT REPAIR
The City Manager explained that only 1 of the 8 old street lights
on County Road 15 is working properly. All Star Electric has
submitted a proposal to fix these lights at an estimated cost of
$4,000. They have already put 9 hours into checking out the
lights to determine what is wrong with each one.
Councilmember Paulsen asked the City Attorney if we needed two
quotations. He responded yes, if at all possible.
Councilmember Peterson asked if we could get a quotation which
would quote an hourly rate.
After discussion the Council asked the City Manager to obtain
' another quotation and try to get an hourly rate.
INFORMATION/MISCELLANEOUS
A. Action Alert - League of Minnesota Cities - April 27, 1984
B. SUBURBAN RATE AUTHORITY MEMO REGARDING MWCC
The Council discussed this memo and decided to support the
independent management study of the MWCC.
Jessen moved and Paulsen seconded the following resolution:
RESOLUTION ~8~4-72 RESOLUTION SUPPORTING INDEPENDENT
MANAGEMENT STUDY OF METROPOLITAN-
. WASTE CONTROL COMMISSION
The vote was unanimously in favor. Motion carried.
• C. Resignation letter from Nels Schernau. Date June 29, 1984.
D. Donation acknowledgement to two people contributiing thru the
Park Commission's Gift Catalog. Mrs. Dunn and Mr. & Mrs.
Charles Howe.
E. LMCD Resolution regarding Landfill Site "M".
F. Minnehaha Creek Watershed District Preliminary Policy
91
May 8, 1984
Statements.
G. Copy of Article, re: Handicapped Accessibility.
H. Letter from Bill Husbands regarding workmans compensation
policy.
I. Memo from the Police Dept. regarding "Slow Children Playing"
signs.
J. Senior Citizen Newsletter for May.
K. Metro Council "Review" newsletter - April 13, 1984.
L. Chamber Waves for May.
M. Report of Metropolitan Systems Committee, regarding discharge
from Maple Plain Sewer Plant.
N. Watershed District approval of rip-rapping Emerald Lake.
0. Letter from Northco, Ltd. - Thank you for directional signs.
P. News Release on Mosquito Control from Hennepin County.
Q. Report outlining and explaining cost formula for LOGIS.
R. 1984 LMCD Bulletin on Rules Governing Lake Minnetonka.
S. Tonka Corp. - First Quarter Results.
T. Notes from LMCD.
EXTENSION OF RESOLUTION X83-43 MIKE HILBELINK
The City Manager explained that Mr. Hilbelink has requested an
extension of Resolution ~~83-43 because he did not understand that
he had to file the lot split.
Charon moved and Peterson seconded the following resolution:
RESOLUTION X84-73 RESOLUTION APPROVING EXTENSION OF
RESOLUTION X83-43 FOR ONE YEAR FROM THE
DATE OF ORIGINAL ADOPTION
The vote was unanimously in favor. Motion carried.
TAX FORFEIT PROPERTY
The City Manager explained that Hennepin County notified us that
there are 9 parcels of property which were tax forfeit and need
to be dealt with in one of three ways:
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May 8, 1984
1. Sell to adjoining property owners because they are
nonconforming;
2. Sell at public auction because they are conforming;
3. Apply for conveyance for some public purpose.
These parcels have all been studyed and recommendations made to
the Council in the form of proposed resolutions.
Charon moved and Peterson seconded the following resolution:
RESOLUTION X84-7~ RESOLUTION RELATING TO TAX FORFEIT LANDS.
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
The vote was unanimously in favor. Motion carried.
Charon moved and Jessen seconded the following resolution:
RESOLUTION ~8~4-75 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.
Polston moved and Charon seconded the following resolution:
RESOLUTION ~8~-76 RESOLUTION AUTHORIZING APPLICATION FOR
CONVEYANCE FROM THE STATE OF CERTAIN TAX
FORFEIT LANDS
The vote was unanimously in favor. Motion carried.
The Council discussed the pedestrian fatality that ocurred in a
crosswalk in Downtown Mound last weekend. The Council asked to
have the Police Reserves work with the public in developing a
program for drivers and pedestrian awareness.
Councilmember Charon agreed to be on the Liquor Store Manager
Interviewing Committee.
The Mayor stated that a citizen had asked him to check on the
City putting up a community events billborad somewhere in town.
The Council discussed this item and decided it would be too hard
to maintain with the limited staff and that maybe Community
Services would be interested in doing something like this.
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May 8. 1984
Charon moved and Paulsen seconded a motion to adjourn at 8:35
P.M. The vote was unanimously in favor. Motion carried.
Elam City Manager
Fran Clark; City Clerk
BILLS-----MAY 8, 1984
Artworks 23.55
Abdo,Abdo ~ Eick 3,975.00
Autocon Industries 495.50
Auto Truck Service 312.00
Holly Bostrom 267.17
Conway Fire ~ Safety 103.47
Citywide Services 10.75
Chemlawn Corp. 297.18
Dependable Services 33.00
Dyna-Med Inc. 85.30
Jon Elam 48.25
John Ewald 33.00
Floyd Security 405.50
Gerry's Plumbing 26.00
General Communications 42.44
Human Resource Consul:tnt 1,050.00
William Hudson 35.00
Henn Co. Finance 118.14
Henn Co. 1,311.20
Henn Co. Sheriff 244.40
Hayden Murphy Co. 422.28
Island Park Skelly 37.00
Long Lake Ford Tractor 1,285.00
Lowells 77.76
Meyers Mound K Service 42.00
Marina Auto Supply 683.90
Metro Fone Communications 23.60
Munitech, Inc. 7.50
MacQueen Equip 55.42
Mpls Star ~ Trib 47.00
Mound Super Valu 55.14
Navarre Hdwe 70.37
New England Business Serv 71.18
Popham Haik 1,826.87
Pitney Bowes Credit 26.00
Pitney Bowes 59.25
Poucher Printing 390.00
Precision Striping 1,393.00
Real One Acquisition 708.05
Bob Ryan Ford 64.48
Suburban Tire 265.48
Spring Park Car Wash 106.00
State Supply Co. 150.00
Francis Salden 26.00
Stevens Well Drilling 1,662.46
Thrifty Snyder Drug 24.44
Thompson Lumber 186.70
Western Tree Service 830.00
Xerox Corp 207.72
Butchs Bar Supply 296.25
City Club Distrib 3,899.30
Coca Cola Bottling 205.50
Day Distributing 3,061.32
East Side Beverage 3,017.15
Griggs Beer 2,111.75
Kool Kube Ice 74.70
A.J. Ogle Co. 661.22
Pepsi Cola Bottling 304.50
Pogreba Distributing 3,926.75
Royal Crown Beverage 46.80
Twin City Home Juice 57.90
Thorpe Distributing 4,600.60
Jeffrey Andersen 120.00
Commissioner of Revenue 4,526.18
Bill Clark Oil 775.37
R. Carlquist 100.00
Explorer Post 911 363.00
Griggs, Cooper 920.41
HRA 5,000.00
House of Moy 25,000.00
House of MOy 500.00
Ronald Harwood 100.00
Johnson Bros Liq 2,601.41
Johnson Paper 305.45
Longbridge Resort 200.00
Mound Postmaster 123.36
Metro Waste Control 28,886.80
Metro Waste Control 420.75
City of Mound 83.95
NAIOP 13.00
Ed Phillips ~ Sons 1,303.45
Quality Wine 1,320.88
Register of Deeds 3.00
State Treasurer 20.00
City of St. Paul 20.00
State Treasurer 15.00
James Thompson 1,348.80
Univ of MN 55.00
NORTHERN States Power 3,851.63
R.L. Youngdahl ~ Assoc 35,809.67
TOTAL BILLS 156,994.32