1984-08-28171
August 28. 1984
REGULAR MEETING
OF THE
CITY COUNCIL
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on August 28, 1984, at 7:30 P.M., in the Council
Chambers at 5341 Maywood Road, in said City. Those present were:
Mayor Bob Polston, Councilmem bers Pinky Charon, Phyllis Jensen,
Gary Paulsen. Councilmember Peterson was absent and excused.
Also present were: City Manager Jon Elam. City Attorney Curt
Pearson, City Clerk Fran Clark, Building Inspector Jan Bertrand
and the following interested citizens: Allan Furst, Jon
Albinson, H. F. Reinitz, Dr. Mark Brewer, and Carl Hanson.
Mayor Polston opened the meeting and welcomed the people in
attendance.
MINUTES
The Minutes of the July 24, 1984, Regular Meeting were
resubmitted for consideration.
Charon moved and Jensen seconded a motion to approve the
Minutes of the July 2~, 198. Regular Meeting. as
resubmitted. The vote was unanimously in favor. Motion
carried.
The Minutes of the August 14, 19$4, Regular Meeting were
presented for consideration.
Jensen moved and Paulsen seconded a motion to approve the
Minutes of the August 1~. 198: Regular Meeting as submitted.
The vote was unanimously in favor. Motion carried..
PUBLIC HEARING• DELINQUENT UTILITY BILLS FOR AUGUST
The Mayor opened the public hearing and asked if there was anyone
present who would like to address the Council about a delinquent
utility bill. There was no one. The Mayor closed the public
hearing.
Charon moved and Paulsen seconded the following resolution:
RESOLUTION #84-125 RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT OF #2.069.13
AND AUTHORIZING THE STAFF TO SHUT-OFF
WATER SERVICE FOR THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
172
August 28~ 1984
CASE #84-346: MT. OLIVE LUTHERAN CHURCH, 5218 BARTLETT BLVD,
SIGN VARIANCE PERMIT, PID #24-117-24 21 0015
The City Manager explained that Mt. Olive Lutheran Church is
asking to be allowed to place a new free standing bulletin board
type sign. 3 feet by 4 feet (similar to the one they already
have). on Wilshire Blvd. street frontage. This will replace the
present sign on Bartlett Blvd. They have also asked the variance
fee be waived.
The Planning Commission has recommended approval.
Jessen moved and Paulsen seconded the following resolution:
RESOLUTION #84-126 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION RECOMMENDATION TO APPROVE A
SIGN VARIANCE PERMIT FOR MOUNT OLIVE
LUTHERAN CHURCH, 5218 BARTLETT BLVD., PID
#24-117-24 21 0015, AND ALSO WAIVE THE
FEE
The vote was unanimously in favor. Motion..earried.
CASE #84-348• JEFF J. SOULE, 2316 COMMERCE BLVD., S. 29 3/10 FT.
OF LOT 4, MCNAUGHT'S ADDN. TO MOUND, SIGN VARIANCE
PERMIT, PIA #13-117-24 33 0047
The City Manager explained that this proposal meets the new
proposed sign ordinance requirements. Mr. Soule would erect a
sign which is 3~1 square feet in area. The Planning Commission
recommended approval.
Charon moved and Jessen seconded the following resolution:
RESOLUTION #84-127 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION RECOMMENDATION TO APPROVE A
SIGN VARIANCE FOR JEFFREY J. SOULE,
D.D.S., 2316 COMMERCE BLVD., PID #13-117-
24 33 0047
The vote was unanimously in favor. Motion carried.
CASE #84-349: ALLAN N. FURST, 1932 SHOREWOOD LANE, LOT 9 & LOT
The City Manager explained that Mr. Furst has applied for a'
variance in setback to recognize an existing nonconforming
setback of an accessory building (boathouse) in order to
construct a detached 28 by 30 foot garage with conforming
setbacks to the property lines. The zoning ordinance requires a
4 foot side yard setback for accessory buildings. The Staff
recommended that the structure be moved to within 4 feet of the
lakeshore and the side yard property lines or provide a one hour
173
August 28, 1984
fire resistive wall assembly parallel to the side lot line.
Currently the boathouse is on the side property line.
The Planning Commission recommended approving the construction of
the garage and recognizing the nonconforming setback of the
boathouse:
The Council discussed adding the condition that the owner provide
a one hour fire resistent wall on the westerly wall of the
boathouse and decided to add the condition to approval.
Charon moved and Paulsen seconded the following resolution:
RESOLUTION #8~-128 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION RECOMMENDATION TO APPROVE AN
EXISTING NONCONFORMING SETBACK OF AN
ACCESSORY BUILDING FOR LOT 9 AND LOT 8,
EXCEPT NWLY. 15 FEET.. BLOCK 2, SHADYWOOD
POINT (PID #18-117-23 23 0069. WITH
CONDITION
The vote was three in favor with Councilmember Jessen voting nay.
Motion carried. "-
CASE #84-354- DR MARK BREWER. 5581 SHORELINE BLVD., LOT 8.
AUDITOR'S SUBD. #170, SIGN PERMIT
The City Manager explained that Dr. Brewer is asking to be
allowed to install a free standing, 2 sided sign, 15 square feet
and 50 inches high. The J & J Printing sign will be removed from
the property. The proposed sign meets the requirements of the
size proposed in the new sign code but not the setback. The
Planning Commission has recommended approval.
Charon moved and Jessen seconded the following resolution:
RESOLUTION #84-129 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION RECOMMENDATION TO APPROVE A
SIGN VARIANCE FOR DR. MARK E. BREWER -
PID #13-117-24 33 0015
The vote was unanimously in favor. Motion carried.
SET DATE FOR PUBLIC HEARING: PROPOSED WETLANDS PERMIT FOR LOTS
11-22, BLOCK 14, WYCHWOOD
Charon moved and Jessen seconded a motion to set September
18, 1984, as the date for a public hearing on a proposed
wetlands permit for Lots 11-22, Block 1~4, Wychwood, PID #19-
117-23 32 0001. The vote was unanimously in favor. Motion
carried.
174
August 28. 1984
SET DATE FOR PUBLIC HEARING ON APPLICATION FOR A CONDITIONAL USE
PERMIT FOR TOWNHOUSES IN 1700 BLOCK OF COMMERCE BLVD. - PID #13-
117-24 22 0252
Jessen moved and Paulsen seconded a motion to set September
18, 1984, as the date for a public hearing on an application
for a Conditional Use Permit for townhouses in the 1700 block
of Commerce Blvd. - PID #13-117-24 22 0252. The vote was
unanimously in favor. Motion carried. _
CASE #84-353° CARL R. HANSON, 5932 BEACHWOOD ROAD, N 1/2 OF WEST
40 FT. OF LOT 47, AUDITORtS SUBD. #168, VARIANCE IN HOUSE SIZE,
LOT SIZE ~ SETBACK - PID #23-117-24 13 0024
The City Manager explained that Mr. Hanson is asking to be
allowed to do structural modifications and repairs to a
nonconforming house located at 5932 Beachwood Road.
Mr. Hanson stated that in trying to determine w hat necessary
repairs needed to be made to put the structure in livable
condition. it was found that the house needed structural repairs.
The Building Inspector noted that the home^is undersized. It is
approximately 453.6 square feet. •T he lot is also undersized
because it extends into the lake.
The Council discussed the accessibility issue and if Mr. Hanson
could make 2 conforming lots with access to a public right-of-
way. Mr. Hanson stated that he has contacted Mr. Lassen and is
working to try to acquire some of his property for accessibility
for the North 1/2 of Lot 47.
Mayor Polston stated that if the Council approved this variance
in house size and setback that it would be making a mockery of
the Zoning Ordinance and would m ake it very difficult to deny any
other request that might come in similar to this one.
Paulsen moved and Jessen seconded a motion to concur with the
Planning Commission recommendation and deny the variance request
and have the Staff prepare a resolution of denial with findings
of fact. Mayor Polston asked Mr. Hanson if he would prefer to
have the Council table the issue and give him a chance to try to
make a legal size lot. Mr. Hanson stated yes he would like the
opportunity. Councilmember Jessen withdrew her second and
Councilmember Paulsen withdrew his motion.
Paulsen moved and Jessen seconded a motion to table this item
until Mr. Hanson feels he is ready to proceed. The vote was
unanimously in favor.- Motion carried.
175
August 28~ 1984
POLICY ON PLANNING COMMISSION PUBLIC HEARINGS
The City Manager explained that the six month trial period
allowing the Planning Commission to also hold public hearings
before the items come to the Council for the formal hearing is up
and the recommendation of the Planning Commission is to continue
this policy.
Paulsen moved and Charon seconded the following resolution:
RESOLUTION #84-130 RESOLUTION ALLOWING THE HOUND PLANNING
COMMISSION TO ALSO HOLD PUBLIC HEARINGS
The vote was unanimously in favor. Motion carried.
COMMENTS ~ SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked if there were any comments or suggestions from
any of the citizens present. There were none.
Councilmember Charon stated that she feels the Council should
have a policy on absenses of members of .Ihe Park and Planning
Commissions. The Council agreed and she will work with the Staff
to develop one.
Councilmember Charon also stated that she did not feel the
appointment of a prosecuting attorney should have been done
without first interviewing some of the other attorneys that
expressed interest in the position. She stated that she does not
consider the issue final.
JOINT AGREEMENT WITH HENNEPIN COUNTY RE• COMMUNITY DEVELOPMENT
BLOCK GRANT .FUNDS (CDBG FUNDS)
The City Manager explained that in order to remain entitled to
receive community development block grants for the next three
years this agreement needs to be approved.
Charon moved and Paulsen seconded the following resolution:
RESOLUTION #84-131 RESOLUTION AUTHORIZING THE MAYOR AND THE
.CITY MANAGER TO ENTER INTO A JOINT
COOPERATION AGREEMENT KITH HENNEPIN
COUNTY FOR CDBG FUNDS
The vote was unanimously in favor. Motion carried.
QUOTATIONS TO UPGRADE LIFT STATION AT SPRUCE ~ WATERSIDE
Tw o quotations were received by the City for an upgard to the
lift station at Spruce and Waterside. They were as follows:
176
August 28, 1984
Waldor Pump $9.485.00
Tri-State Pump $9 585.00
This item was approved in the 1984 Budget and the Staff is
recommending the Waldor Pump quotation of X9,485.00 be approved.
Polston moved and Charon seconded a motion to approve the
quotation of Waldor Pump in the amount of #9,485.00 for the
upgrade in the lift station at Spruce and Waterside. The
vote was unanimously in favor. Motion carried.
SET DATE FOR PUBLIC HEARING ON SIDEWALK REPAIRS
The City Attorney stated that the Council does have to hold a
public hearing to assess properties for repairs on sidewalks and
various other items according to Section 27.10 of the City Code.
No action was taken.
SET DATE FOR 1985 BUDGET HEARINGS
Jensen moved and Charon seconded a motion to set Monday,
September 17, 1984, and Wednesday, September 19. 1984,-at
7:00 P.M. as the dates for the 1985 Proposed Budget Hearings.
The vote was unanimously in favor. Motion carried.
PAYMENT OF BILLS
The bills were presented for consideration.
Charon moved and Paulsen seconded a motion to approve the
payment of bills as presented on the pre-list in the amount
of #94,267.55, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
SET DATE FOR PROPOSED ASSESSMENT HEARINGS
Charon moved and Jensen seconded a motion to set September
25, 1984, as the date for public hearings on CBD Parking
Maintenance Assessment and Delinquent Utility Bills
Assessment. The vote was unanimously in favor. Motion
carried.
GARBAGE ~ REFUSE COLLECTION LICENSE
Paulsen moved and Charon seconded a motion to authorize the
issuance of a Garbage & Refuse Collection License to Richard
B. Yan Tassel, dba Village Sanitation, Inc. License period
now to February 28, 1985. The vote was unanimously in favor.
Motion carried.
177
August 28. 1984
SET-UP LICENSE - MOUND BOWLING ALLEY
Polston moved and Jensen seconded a motion to authorize the
issuance of a Set-Up License to Charles E. Carlson. dba Mound
Bowling Alley. The vote Was unanimously in favor. Motion
carried
CORRECTION OF RESOLUTION #79-333
The City Manager explained that when Resolution X79-333 was typed
in 1979 the descriptions of the subdivided parcels were in error.
It must now be corrected.
Paulsen moved and Charon seconded the following resolution:
RESOLUTION #84-132 RESOLUTION CORRECTING RESOLUTION X79-333
The vote was unanimously in favor. Motion carried.
REQUEST FOR A STREET LIGHT - WEST END OF WATERBURY ROAD
The City Manager explained that he has received a petition asking
that a street light be installed at the West end of Waterbury
Road. There is a light pole already there. The Staff
recommended approval.
Jensen moved and Charon seconded a motion to authorize NSP to
install a street light on the West end of Waterbury Road as
requested. The vote Was unanimously in favor. Motion
carried.
INFORMATION/MISCELLANEOUS
A. Planning Commisson Minutes of August 13. 1984.
B. Metropolitan Council Review of August 10. 1984.
C. Westonka Seniors, Ine. "Hi-Notes" - September 1984.
Councilmem ber Jensen suggested that these not be included in
future packets because each Councilmem ber receives one at
home.
D. Letter from Hennepin County regarding the closing of County
Road 110 while it is under construction.
E. Letter from City of Minnetrista thanking Mound for supporting
Minnetrista in their opposition of Site M as a landfill site.
F. Letter from League of Minnesota Cities regarding the
appointment of Legislative Study Committee.
G. Letter from LMCD to the Surf side regarding there docks.
178
August 28, 1984
H. Twin Cities Labor Market Information for August, 1984.
I. Minnehaha Creek Watershed District Minutes of July 19, 1984.
J. Discussion Paper from Forum on Solid Waste Initiatives.
K. Paper Re: Tonka Dislocated Worker Project.
' L. Memo from St. Louis Park Newsletter regarding weeds.
The City Manager brought the Council up-to-date on the the
construction at the Black Lake Bridge. He also stated that one
of the next agendas will probably have some citizens from that
area on it to talk about their concerns about speeding,
fishermen. litter and parking when the bridge opens.
Councilmem ber Jessen asked about how the County Road 15 project
was coming. The City Manager stated that the City has submitted
all our information but the County has not submitted it to the
State of Minnesota yet requesting the variance. He stated that
he will keep the Council informed as things develop. _
Paulsen moved and Polston seconded a^motion to adjourn at
9:00 P.M. The vote Baas unanimously in favor. Motion
carried.
Z.~C/L-rte
J Elam, City Manager
~/~lM.
Fran Clark, City Clerk
BILLS-----AUGUST 28, 1984
Air Comm
All Star Electric
Holly Bostrom
Burlington Northern
Bill Clark Standard
Continental Telephone
Cash Register Sales
Don's Sod Service
W.S. Darley ~ Co.
Jon Elam
Feed-Rite Controls
First Natl Bank-St. Paul
John Henry Foster
G.F.O.A.
Ganz~el Signs
General Repair Serv
Eugene Hickok ~ Assoc
Instrumentation Services
J ~ R Refrigeration
Island Park Skelly
Kool Kube Ice
Kendall Plastics
LOGIS
Lyman Lumber
McCombs-Knutson
Minnegasco
Mound Super Valu
Wm Mueller ~ Sons
MN Dept Public Safety
Minnesota Playground
Jackie Meyer
Mpls Star & Trib
Mpls Oxygen Co.
Mound Opticians
N.S.P.
NW Bell Telephone
Neitge Construction
Popham, Haik
Poucher Printing
Pitney Bowes Credit
Reynolds ~ Reynolds
Radio Shack
Ruffridge-Johnson
City of Richfield
Suburban Community Services
Don Streicher Guns
Marj Stutsman
Uniforms Unlimited
164.00
581.87
153.00
533.33
1,183.42
1,148.87
43.19
89.10
61.82
19.34
26.54
13,942.50.
71.66
40.00
55.00
73.00
1,828.70
340.00
65.49
135.00
263.70
87.49
2,051.50
195.55
3,702.50
153.38
121.10
3,414.05
40.00
520.83
114.68
81.60
.15..50
42.OD
4,861.03
270.05
110.00
2,878.02
645.00
26.00
122.48
35.95
319.75
160.00
898.25
17.20
20.00
59.00
~~~
~~~-
~~.
ci"
Widmer Bros.
Westonka Community Serv.
R.L. Youngdahl
Ziegler, Inc.
Bill Clark Oil
Commissioner of Revenue
Commissioner of Revenue
Dept of Property Taxation
Griggs, Cooper
Johnson Bros. Liquor
Robert E. Johnson
Information Publishers
Joel Krumm
Maple Plain Vol Fire
Mound Postmaster
Ed Phillips ~ Sons
Quality Wine
P.D.Q.
Dell Rudolph
Howard Simar
Street Survival Seminar
John Taffe
Tonka Corp.
Peggy Wheeler
Western Tree Service
Tom Jacobs
TOTAL BILLS
2,047.25
4,516.45
3,511.00
136.42
790.23
3,484.93
6,054.64
5.27
1,966.84
1,330.85
709.88
177.30
21.17
15.00
108.48
1,616.62
1 ,288.84
1,375.00
427.50
522.50
65.00
330.00
20 , 972.44
80.00
854.00
77.50
84,267.55