1984-05-2298
May 22, 1984
REGULAR MEETING
OF THE
CITY COUNCIL
The City Council of Mound, Hennepin County, Minnesota, met in regular session
on May 22, 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, Building Inspector Jan Bertrand, Water ~
Sewer Superintendent Greg Skinner, Street Superintendent Eugene Hoff and Acting
City Clerk Marjorie Stutsman and the following interested citizens: Larry Con-
nolly, Nicholas Espiritu, John and Joyce Kossieck, Brad Patterson and Richard
Johnson, Jr.
The Mayor opened the meeting and welcomed the people in attendance.
The minutes of the May 8 and May 15 meetings are to be carried over until the
June 12, 1984 regular meeting.
PUBLIC HEARING: DELINQUENT UTILITY BILLS FOR MAY
Mayor Polston opened 'the public hearing and asked if anyone wished to speak in
regard to a delinquent utility bill. No one responded. The Mayor closed the
public hearing.
Peterson moved and Jessen seconded the following resolution:
RESOLUTION 84-77 RESOLUTION TO APPROVE THE DELINQUENT UTILITY BILLS IN
THE AMOUNT OF THE REVISED TOTAL $2,020.42 AND AUTHORIZING
THE STAFF TO SHUT-OFF WATER SERVICE FOR THOSE ACCOUNTS
The vote was unanimcusly in favor. Motion carried.
PUBLIC HEARING CONTINUATION: VACATION OE UTILITY AND DRAINAGE EASEMENTS ON LOTS
1, 2, 3 & BLOCK 1, RUSTIC PLACE
The City Manager explained this was talked about at the last meeting and because
the material you had in the last packet was not the final material that had been
developed, it was tabled. The Building Official wrote out the resolution which
covered the issue and the hearing notice was correctly published for all 4 lots
as you will notice in this packet, even tho the application was for Lots 2, 3 &
4. The owner of Lot 1 didn't file for a vacation of easement on Lot 1, but be-
cause the hearing notice was prepared as if he had, the whole situation is
cleared up. The City Manager asked the City Attorney if resolution would be
correct. He concurred that it was, but that it could not be recorded until the
new easements were executed and recorded.
The Mayor then reopened public hearing and asked if anyone would like to speak;
hearing none, the public hearing was closed.
Charon moved and Peterson seconded the following resolution:
RESOLUTION 84-78 RESOLUTION VACATING CERTAIN UTILITY AND DRAINAGE EASEMENTS
ON LOTS 1, 2, 3 AND 4, BLOCK 1, RUSTIC PLACE
The vote was unanimously in favor. Motion carried.
99
May 22, 1984
The City Manager then explained that because we owned these lots and the people
brought them without seeing the easements before the closing, and it was their
intention to build back on the lots away from the street, Mr. Thompson is re-
questing the fee for the vacation be waived and refunded to them. Secondly,
John Cameron of McCombs Knutson cannot understand why the easements were set at
55 feet requiring homes to be built close to Bartlett Boulevard. No where else
does the City have a 55 foot wide easement for utilities. Because of the hard-
ship to the applicant, we would recommend the refund.
Peterson moved and Jessen seconded a motion that the fee be refunded for the
vacation application on Lots 2 and 3, Block 1, Rustic Place. The vote was
unanimously in favor. Motion carried.
CASE #84-324 NICHOLAS ESPIRITU, 1638 EAGLE LANE, LOTS 13, 14 ~ 15, BLOCK 2,
WOODLAND POINT, FRONT YARD VARIANCE
The City Manager explained the request is fora 24 foot front yard variance be-
cause the applicant wants to build a 2 car garage and alongside his property is
an undeveloped street and he wants to build up to 6 feet of that street. The
Building Official has recommended allowing the garage to be built to within 10
feet allowing a 20 foot variance. The other language talked about at the Plan-
ning Commission was that the building would be used for storage of private
passenger vehicles and not be used for any kind of home occupation. Applicant
is in the Body Shop business. Mr. Espiritu stated he does work a lot on his own
vehicles.
Charon moved and Peterson seconded the following resolution:
RESOLUTION 84- 79 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOM-
MENDATION TO APPROVE A 20 FOOT FRONT YARD VARIANCE FOR
LOTS 13, 14 ~ 15, BLOCK 11, WOODLAND POINT, PID #'S
13-117-24 12 0194 AND 13-117-24 12 0195
The vote was unanimously in favor. Motion carried.
CASE #84-326 JOHN AND JOYCE KOSSIECK, 4760 ISLAND VIEW DRIVE, LOT 5 & W. i8
.FEET OF LOT 4, BLOCK 8, DEVON, 6 FOOT FRONT YARD VARIANCE
The City Manager explained that the property is on Island View Drive and requires
a 6 foot front yard variance basically because of the topography and the way it's
landscaped. Applicant just purchase property and they want to convert the
existing carport to an enclosed garage. There will be no expansion toward street
or the side. The Planning Commission has recommended this.
Jessen moved and Charon seconded the following resolution:
RESOLUTION 84- 80 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO
APPROVE A (6) FOOT FRONT YARD VARIANCE FOR LOT 5 &
WEST 18 FEET OF LOT 4, BLOCK 8, DEVON PID #30-117-23
22 0084
The vote was unanimously in favor. Motion carried.
100
May 22, 1984
CASE ~ 84-327 WESTONKA AUTO BODY, 4839 SHORELINE BOULEVARD, LOTS 5, 18, 19 &
PART OF LOTS 15, 16 & 17, BLOCK 1, SHIRLEY HILLS UNIT A, SIGN
PERMIT
The City Manager explained the applicant, Brad Patterson, is requesting to put a
new sign on the front of his building that would be in conformance in size with
the Photo Factory. A second sign (temporary sign 4 X 8 feet) is proposed to be
put at the driveway on the Bartlett Boulevard side for 60 days. The temporary
sign raises some question as it doesn't. meet the language of a seasonal sign of
the proposed sign draft. The Planning Commission took separate action on each
of the signs, approving the sign on front of building and denying the other.
Jessen moved and Charon seconded the following resolution:
RESOLUTION 84- 81 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOM-
MENDATION TO APPROVE THE SIGN VARIANCE FOR BRAD PATTER-
SON, WESTONKA AUTO BODY, FOR THE SHORELINE SIGN AT
4839 SHORELINE BOULEVARD PID # 13-117-24 44 0015
The vote was unanimously in favor. Motion carried.
The applicant asked to be a}lowed to put a permanent sign on the fence on the
back side of business (Bartlett Boulevard). The Building Official stated a
free standing 4 X 8 foot sign would be al}owable with a 15 foot setback from the
right-of-way, but not a sign mounted on the fence. Discussed placement of sign.
Peterson moved and Jessen seconded a motion to refer the request
back to the Planning Commission with no further fee: The vote
was unanimously in favor. Motion carried.
CASE #84-330 SKIP AND MYRT BLANK (SKIP'S OUTLET), 2341 COMMERCE BOULEVARD
METES & BOUNDS DESCRIPTION, AUDITOR'S SUBDIVISION 167, SIGN PERMIT
The City Manager explained the applicant asked to have this tabled. He will be
moving into the former Rustique building and open June 1st. Dick Schwert is going
to move into the former Westonka Sports and he sees real possibilities since he
has to update that building and perhaps do a whole new store front; he has talked
to Skip and asked him to hold off on his signage. Schwert has hired Architect
Jim Horan and wants to coordinate the fronts, take off lights, put in new doors.
Schwert will be on left, Skip Blank on right and another business downstairs.
SET DATE FOR PUBLIC HEARING: PROPOSED VACATION OF CANARY LANE FROM WOODLAND ROAD
SOUTH TO JENNINGS ROAD
The City Manager explained that the suggested date for the above public hearing
is June 12, 1984.
Paulsen moved and Peterson seconded a motion to set June 12, 1984,
at 7:30 P.M. for a public hearing to consider the proposed vacation
of a certain street easement of Canary Lane from Woodland Road
South to Jennings Road. The vote was unanimously in favor. Motion
carried.
101
May 22, 1984
SET DATE FOR PUBLIC HEARING: PROPOSED AMENDMENT TO ZONING CODE - SECTION 23.604.4
The City Manager explained that we need a public hearing to allow swimming pools
as a permitted use in the residential districts and that the suggested date for
the public hearing is June 12, 1884.
Peterson moved and Charon seconded a motion to set-June. 12, 1984 at
7:30 P.M. for a public hearing to consider the proposed amendment to
Section 23.604.4 of the Mound Zoning Code Ordinances relative to
swimming pools in residential. districts. 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.
REQUEST TO AMEND CITY CODE BY APPROVING THE INSTALLATION OF A STOP SIGN AT THE
CORNER OF DEERWOOD DRIVE AND HALSTEAD LANE
The City Manager explained that a sign is needed as when you drive up to the
corner because of the terrain, you have to get well out into the intersection
to see. It was discussed that signs be put at both ends of Deerwood. The City
Attorney stated we can do stop signs by resolution.
Charon moved and Jessen seconded the following resolution:
RESOLUTION 84-82 RESOLUTION APPROVING THE INSTALLATION OF A STOP SIGN
AT BOTH ENDS OF DEERWOOD DRIVE.
The vote was unanimously in favor. Motion carried.
APPROVAL OF THE PARADE PERMIT FOR BLUE WATER DAZE FESTIVAL - JUNE 9, 1984
The City Manager explained several permits have been requested for the "Blue
Water Daze" activities -and also the use of Mound Bay Park, the Depot Building
and that any fees be waiver. The Mound Retail Council is sponsoring this event;
insurance is through the tJestonka Chamber of Commerce.
Peterson moved and Polston seconded a motion to approve the parade
permit for Saturday, June qth, 1984 as requested. The vote was un-
animously in favor. ,.Motion carried.
Charon moved and Jessen seconded a motion approving the use of Mound
Bay Park and the Depot Building for "Blue Water Daze" activities and
' waiving any fees for the dates of June 8, 9 and 10, 1984. The vote
was unanimously in favor. Motion carried.
APPROVAL OF TRANSIENT MERCHANT'S LICENSE FOR MOUND RETAIL MERCHANTS ASSOCIATION
JUNE 8, q AND 10, 1984
This request is to sell food items., non-alcoholic beverages during the "Blue
Water Daze" activities with the permit fees waived.
Peterson moved and Charon seconded a motion approving a Transient
Merchant's License as requested for the sale of food items and non-
alcoholic beverages June 8, 9 ~ 10, 1884 during Blue Water Daze
l02
May 22, 1984
Festival waiving the fees. The vote on the motion was unanimously
in favor. Motion carried.
REQUEST OF THE MINNETONKA BASS-CLUB TO HOLD ANNUAL FISHING CONTEST AT MOUND BAY
PARK, JUNE 9, 1984 FROM 5:3o A.M. to 2:30 P.M.
The City Manager explained that this fishing contest has been an annual event
and that because of the hours 5:30 A.M. to 2:30 P.M. should not be a conflict
with the parade which will be starting at about 2 P.M.
Paulsen moved and Peterson seconded a motion approving the. request of
the Minnetonka Bass Club to hold their annual fishing contest at Mound
Bay Park on June 9, 1984 from 5:30 A.M. to 2:30 P.M. The vote was
unanimously in favor. Motion carried.
REPORTS: WATER ~ SEWER QUARTERLY REPORT-AND LIQUOR STORE REPORT
The City Manager reported on the water-and sewer and that basically they are
pretty close on line. The liquor is down; operates as well as most private stores.
No action is needed.
ENTER INTO A LEND/LEASE AGREEMENT WITH THE STATE OF MINNESOTA DEPARTMENT OF PUBLIC
SAFETY FOR THE USE OF THE NEW INTOXILIZER 5000 UNIT
The City Manager explained the State has authorized entering into an agreement
to lend/lease the City the new "Intoxilizer 5000 Unit" to replace the old Smith
and Wesson 900-A breathalyzers and are asking the City to adopt a resolution.
Charon moved .and .Peterson seconded the following resolution:
RESOLUTION 84-83 RESOLUTION AUTHORIZING THE CITY TO ENTER INTO AGREEMENT
WITH THE STATE OF MINNESOTA-FOR THE LOAN OF INTOXILYZER
5000 EVIDENTIAL BREATH ALCOHOL TEST INSTRUMENTS.
The vote was unanimously in favor. Motion carried.
APPROVAL OF AGREEMENT TO ALLOW DOW-SAT OF MINNESOTA, INC. TO INSTALL AND USE
ANTENNA ON THE WATER TOWER ON FAIRUIEW LANE AT A LEASE RATE OF $15. A MONTH
The City Manager explained that because .of Dow
electrical interference, they had requested to
water tower; reception was so much better that
a short antenna that can hardly be seen -and it
tension they planned on their existing tower.
certificate.
-Bat's continual problems with
try attaching antenna to our
they wanted to leave it. It's
will replace the 40 foot ex-
They have provided an insurance
Charon moved and Jessen seconded the following resolution:
RESOLUTION 84-84 RESOLUTION AUTHORIZING AND APPROVING ENTERING 1NT0 AN
AGREEMENT TO ALLOW DOW-SAT OF MINNESOTA, INC. TO INSTALL
AND USE ANTENNA ON THE WATER TOWER ON FAIRUIEW LANE AT
A LEASE RATE OF $15. PER MONTH.
The vote was unanimously in favor. Motion carried.
)03
May 22, 1984
REQUEST TO APPROVE THE CONSTRUCTION OF A NEW HOME AT 1709 CANARY LANE WHILE THE
RESIDENTS REMAIN IN THE EXISTING HOUSE
The City Manager explained that-the Richard L. Johnson, Jr.'s are requesting to
build a new home on the same lot their present home is on and then removing the
old house after moving into the new. one. Problem is City Ordinance doesn't
allow 2 houses on the same lot. Applicant is willing to submit a letter of
credit in lieu of a bond of $1,000 to insure the removal of the old house. New
house would conform to code. The City Attorney stated City would also need a
written agreement giving the City the right to go onto the property to remove
the house.
Peterson moved and Charon seconded the following resolution:
RESOLUTION 84-85 RESOLUTION TO ALLOW CONSTRUCTION OF A NEW HOUSE WITH
.THE CONDITION THAT THE OLD HOUSE AT 1709 CANARY LANE
BE REMOVED WITHIN 9 MONTHS OF THE START OF CONSTRUCTION
ON THE NEW HOUSE PROVIDED WE GET AN AGREEMENT TO ALLOW
US ACCESS TO REMOVE THE OLD HOUSE AND A LETTER OF CREDIT
OR PERFORMANCE BOND FOR THE REMOVAL OF THE OLD HOUSE.
After further discussion, Peterson moved and Charon seconded the following amend-
ment:
RESOLUTION TO AMEND THE ABOVE RESOLUTION TO INCLUDE
THAT THE EXISTING GARAGE BE REMOVED WITH TWO (2) YEARS
FROM THE DATE OF THE START OF CONSTRUCTION ON THE NEW
HOME.
The vote on the amendment was unanimously in favor. The vote on the resolution
as amended was unanimously in favor. Motion carried.
Note: The City Attorney will draw .the agreement as a recordable document and
will have it filed after its been signed and completed.
UOTATIONS FOR A NEW PICK-UP TRUCK FOR PARK DEPARTMENT USE (BUDGETED IN THE 1984
CAPITAL BUDGET OUTLAY
The City Manager explained that the Park Director has been looking at pickups for
a long time. Quote from Thurk Bros. at St. Bonifacius was $7,300 and from Village
Chevrolet at Wayzata was $7,651. There was a question on comparable equipment and
descriptions. It was decided .one item offset another on the quotes.
Polston moved and Peterson seconded a motion to authorize accepting the
lower quotation of Thurk Bros.- Chevrolet Company in the amount of $7300.
' to purchase the Pickup Truck for the Park Department. The vote was
unanimously in favor. Motion carried.
QUOTATION FOR A NEW TANKER TRUCK (BUDGETED IN THE 1984 BUDGET FROM THE STREETS
AND SEWER FUND
The City Manager explained that there has been a conflict between the Street and
Sewer Departments for the use of the tanker and really need two units. Two
quotations have been obtained which are as follows:
Engle Fabrication, Inc. $13,748.
Applied Concepts, Inc. 14,798.
104
May 22, 1884
Both quotations include a new 2500 gallon stainless steel tank, used cab and
chassis with tank to be painted. and mounted on chassis. The Water and Sewer
Superintendent explained that they will be installing plumbing for the tank
and that will make the total cost approx.. $14,148. They are in the process of
getting a quotation to replace pump on the 1,000 gallon tank unit, also. The
2500 gallon tank with its significantly larger capacity, raises the efficiency
of their operations, but their goal is to have two operational trucks for
approximately this price. The City Manager stated that they propose to sell
a tail gate paver for $5,000.; $5,000 was budgeted for this purpose .and the
balance will come from the Sewer Fund.
Peterson moved and Charon .seconded a motion authorizing accepting
the low quotation of Engle Fabrication for the purchase of the 2500
gallon-stainless steel tank, used cab and chassis with tank being
painted and mounted on chassis - total cost to be $14,148. The
vote was unanimously in favor. Motion carried
ADOPTION OF L.M.C.D. CODE BY REFERENCE (DISCUSSION ITEM)
The City Manager explained that a gentleman with a property on Enchanted Road
installed 6 docks in front of the l00 foot property which violates the L.M.C.D.
Code and is a flagrant use of dockage and of the neighbors. He stated that if
we were to adopt the L.M.C.D. Code by reference, we could have some ability to
prosecute some of these violations. Presently the L.M.C.D. does not prosecute
private Lakeshore dock owners; only commercial dock use. The City Attorney
asked to have material referred to him so he could research the matter.
PAYMENT OF BLLLS
The bills were presented for consideration.
Peterson moved and Charon seconded a motion to approve the payment of
bills as presented. on the pre-list in the amount of $96,495.18, when
funds are available. A roll call vote was unanimously in favor.
Motion carried.
INFORMATION/MISCELLANEOUS
A. Planning Commission Minutes of May 14, 1884.
B. Agenda - Minnehaha Creek Watershed District
C. AMM Legislative Bulletin
D. Notes from League of Minnesota Cities
E. Metropolitan Council Review
F. LMCD Press Release
G. Minnesota Safety Council Note
H. City of Orono Letter
I. Notes from Hennepin County Department of Transportation in regard to Black
Lake Bridge
105 May 22, 1984
J. Metropolitan Council Announcement Re: Regional Transit Board
K. Memorandum on Industrial Revenue Bonds
L. American Legion Post 398 Gambling Report; also noted was that the American
Legion gave the City $300 for flags for Memorial Day.
M. Minnetonka Newsletter
N. Twin Cities Labor Market Information
Charon moved and Peterson seconded a motion to adjourn at 9:15 P.M. The
vote was unanimously in favor. Motion carried.
J Elam, City Manager
/ ' VF~U~) i` O
Marjorie Stutsman, Acting City Clerk
BILLS-------MAY 22, 1984
Allstar Electric
Abdo, Abdo ~ Eick
Air Pneutronic Co
Anchor Paper
Holly Bostrom
Jan Bertrand
Borchert Ingersoll
Burlington Northern
Blackowiak :; Son
Bryan Rock Products
Contel
Conway Fire ~ Safety
Consolidated Micrograhpics
Copy Duplicating Prod
Coast to Coast
John Ewald
Jon Elam
First Bank Mpls
Flexible Pipe Tool
Genuine Parts
Glenwood Inglewood
General Communications
Heiman Fire Equip
Wm Hudson
Eugene Hickok ~ Assoc
Instrumentation Services
Thomas Jacobs
Kool Kube Ice
Lyman Lumber.
LOGIS
The Laker
MN Dept of Public Safety
City of Minnetrista
Martins Navarre 66
Mpls Oxygen Co.
Mpls Star ~ Trib
McCombs Knutson
Minnegasco
N.C.E.
NW Bell Telephone
N.S.P.
Popham, Haik Schnobrich
Barry Palm
Brad Roy
Nels Schernau
Specialty Screening
Stevens Well Drilling
Sterne Electric
Tri State Pump
Village Chevrolet
Van Doren, Hazard, Stallings
299.8'7
1,649.52
14.40
32b.34
150.00
16.39
90.77
533.33
56.00
78.38
1,410.90
27.82
53.96
15.00
86.24
3.65
8.25
4.00
80.00
76.07
48.go
1,900.00
1,113.40
3.45
1,019.74
141.18
63.75
72.00
42.47
2,287.53
247.30
40.00
50.00
55.00
21.00
61.10
3,734.00
1,158.06
109.37
270.05
4,795.93
2,116.05
16.45
116.93
7.59
202.50
502.20
588.39
9,903.00
63.00
569.50
/„µ/ tf/fi .>
~Y'~! /C Q~A~
~~
Wurst, Pearson,Hamiiton
Water Products
Unitog
Xerox
Donald Bryce
Ron Burns--dock refund
Fran Clark
Robert Cheney
Director Property Tax
Joe Gibson
Griggs Cooper
John son. Bros. Liq.
Robert Johnson
David Kurvers dock refund
Roger Keil " "
MN Green industry Expo 84
MN Rec s Park
City of Mound
Mound Fire Dept
Ed Phillips
Quality Wine
P.D.Q. gasoline
Dell Rudolph
State Treasurer
Wurst, Pearson
TOTAL BILLS
2,165.00
10.79
286.09
1,110.04
100.00
77.00
488.50
367.00
27,611.47
30.00
2,475.69
3,873.25
192.16
75.00
75.00
15.00
108.00
39.18
7,978.40
2,623.13
2,642.64
1,483.31
248.80
15.00
b,lo8.00
96,495.18
P9. 1399