1985-08-27176
August 27 , 1985
MINUTES
REGULAR COUNCIL MEETING
AUGUST 27, 1985
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on August 27, 1985, at 7:30 P. M. in the Council
Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Bob Polston, Councilmembers Phyllis
Jessen, Gary Paulsen, and Steve Smith. Councilmember Russ
Peterson was absent and excused. Also present were: City
Manager Jon Elam, City Attorney Jim Larson, City Planner Mark
Koegler, Building Inspector Jan Bertrand, Police Chief Len
Harrell, City Clerk Fran Clark and the following interested
citizens: Richard Shedd, Bette Sather, Craigh & Cheryl Thompson,
Aaron M. Applequist, Mary Paeholke, Craig Johnson, John McKinley,
Lou Derner, Bill & Dorothy Netka, Ed Lynch, Mike Schulz, Charles
Rye, Mike Netka.
The Mayor opened the meeting and welcomed the people in
attendance.
Councilmember Phyllis Jessen stated she would like to commend the
American Legion Baseball Team f or their efforts in the National
Tournament. Mound is proud of them and she would like to offer
the following motion:
MOTION made by Councilmember Jessen, seconded. by
Councilmember Paulsen to name Friday, August 30, 1985, as
Mound American Legion Baseball Team day in the City. The
vote was unanimously in favor. Motion carried..
Mayor Polston stated he would like to express that it has been
very special to him to have worked with Jon. Elam. He has done a
terrific job, especially in economic development throughout
Mound. He wished him luck in the future and thanked him for his
efforts in Mound as City Manager.
MINUTES
The Minutes from the August 13: 1985, Regular Meeting were
presented for consideration. Councilmember Smith asked that the
word "notice" in the second paragraph on page 2196 be replaced
with the word "number".
MOTION made by Councilmember Paulsen, seconded by
Councilmember Jessen to approve the Minutes of the August 13,
1985, Regular Meeting, as amended. The vote was unanimously
in favor. Motion carried.
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August 27, 1985
PUBLIC HEARING: DELINQUENT UTILITY BILLS FOR AUGUST
The City Manager stated that the revised amount is $4,329.53•
The. May or opened the public hearing and asked if there was anyone
present who wished to address the Council regarding a delinquent
utility bill. No one responded. The Mayor closed the public
hearing.
Paulsen moved and Jessen seconded the following resolution:
RESOLUTION X85-94 RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT OF $x,329.53
AND AUTHORIZING THE STAFF TO SHUT-OFF
T~TATER SERVICE FOR THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
PUBLIC HEARING: AMENDMENT OF SECTION 2.412.2 (5), STANDARD ~
REGULATION FOR PLANNED DEVELOPMENT AREA (PDA)
The City Manager explained that this change does not change the
density in any of the Zoning Districts. He further pointed out
that when the new Zoning Code was typed for publication, the "s"
was left off the word district. He presented the original
ordinance, ~~373, and' showed the Council that in Section 22.065,
subdivision b, point 6. that it read a follows: "All housing
types included as premitted uses in the aforedeseribed district
may be included in the P.D.A."... In order to restore the "s", a
public hearing is required.
The Mayor opened the public hearing. There were no comments.
The Mayor closed the public hearing.
Councilmember Smith asked how
development such as Pelican Point.
this amendment would allow such as
hearing, but they would still ne
which requires a public hearing,
would still have to be-met.
this change might affect a
The City Manager stated that
development without a rezoning
red a Conditional Use Permit,
and the density requirements
The Planner stated this amendment is no different than most other
communities have.
The Council discussed Councilmember Peterson's absence and
decided that he should be given the opportunity to vote on this
item also.
MOTION made by Councilmember Paulsen, seconded by
Councilmember Jessen to continue this public hearing until
the September 10, 1985, Council Meeting. The vote Was
unanimously in favor. Motion carried.
178
August 27, 1985
CASE X85-4~3: RICHARD SHEDD,. 222 NOBEL LANE, LOTS 8 & 9,. BLOCK
~., ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK
FRONT YARD VARIANCE (9 FEET
The City Manager explained that the applicant is requesting a 9
foot front yard variance to the Noble Lane right-of-way to allow
the construction of a one story, 22 foot by 22 foot attached
garage. The Planning Commission approved the Staff's
recommendation for approval of the 9 ~`oot front yard variance due
to the topography and natural forestation of the property with a
condition that no future expansion be allowed without additional
variance approval.
Paulsen moved and Smith seconded the following resolution:
RESOLUTION #85-95 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION RECOMMENDATION FOR A SETBACK
VARIANCE FOR LOTS 8 ~ 9, BLOCK 4, ABRAHAM
LINCOLN ADDITION TO LAKESIDE PARK - PID
X13-117-24 34 0003 (2223 NOBLE LANE)
The vote was unanimously in favor. Motion carried.
CASE X85-4~6• BETTER BATHER, 5841 GRANDVIEW BLVD , LOT 14 ~ 1/2
OF VACATED ALLEY, MOUND ADDITION, LOT SIZE
VARIANCE
The City Manager explained that the applicant would like to
construct a single family dwelling on a parcel of 5,450 square
feet, plus or minus, with conforming side yard setbacks of 6 and
10 feet, front yard of 30 feet and a rear yard exceeding 15 feet.
The Planning Commission has recommended approval because the
variance is within 10~ of the required 6,000 square foot lot area
for the R-3 Zoning District.
The Council heard objections to the granting of this variance
from Craig Johnson, 5849 Grandview Blvd. and Mike Schulz, 5833
Grandview Blvd.
The Council discussed the variance and decided that the r-equest
meets 10~ of the required Iot size as granted others in the past
and took the following action.
Jessen moved and Paulsen seconded the following resolution:
RESOLUTION #85-96 RESOLUTION TO CONCUR W ITH THE PLANNING
COMMISSION RECOMMENDATION TO APPROVE THE
LOT SIZE VARIANCE FOR LOT 14 AND ONE-HALF
OF THE VACATED ALLEY, MOUND ADDITION, PID
#14-117-24 14 0001
The vote was unanimously in favor. Motion carried.
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August 27, 1985
CASE #85-5~7 & 438: CREIGH & CHERYL THOMPSON, 1959 SHOREWOOD
LAN LOTS 15 , 16., ~ 17. ,, BLOCK 7 , SHADYWOOD
POINT, SUBDIVISION ~ LOT SIZE VARIANCE
The City Manager explained that the applicant is asking to be
allowed to divide Lot 16 in half and combine the Northwesterly
portion of .that lot with existing Lot 17 (which is owned by the
State of Minnesota and is a tax forfeit lot). Mr. Thompson
presently owns Lots 15 and 16. Parcel A would be 8,035 square
feet and Parcel B would be 7,332 square feet. The area this
subdivision is in is an R-1 Zoning District requiring 10,000
square foot lots, thus the lot size variance request. The
Planning Commission recommended approval under the condition that
the existing accessory building and principal building show n on
Lot 15 be removed because of non-conforming setbacks and it is an
undersized home (600 square feet).
The Thompsons were present and did not agree with the removal of
the structures because they are consistent with the rest of the
neighborhood.
The City Manager stated this is the same subdivision that was
discussed several meetings ago that may have been improperly
zoned R-1 and should have been R-2 to conform with existing
conditions and lot sizes in the area.
The Council discussed the problem of creating 2 non-conforming
lots and took the following action.
MOTION made by Councilmember Paulsen, seconded by
Councilmember Jessen to refer Shadywood Point subdivision to
the Planning Commission for study on the possibility of
rezoning the entire area so it would be consistent and
contiguous with the neighborhood. The vote was unanimously
in favor. Motion carried.
MOTION made by Councilmember Paulsen, seconded by Mayor
Polston to table action on the Case #85-437 & 438 until the
Planning Commission study is completed. The vote was
unanimously in favor. Motion carried.
CASE X85-440: C. R. MFG., 540 SHORELINE BLVD., BLOCKS 5 ~ 6.
SYLVAN HEIGHTS ADD~N TO MOUND, VARIANCE TO LOCATE
COOLING TOWERS ON NORTH SIDE OF BUILDING
The City Manager explained that C.R. Mfg. needs a setback
variance for their cooling towers. The Planning Commission
recommended approval of the variance if C.R. Mfg. gets approval
from the railroad and if they install a cyclone fence around the
towers.
Councilmember Paulsen asked about noise from the fans in the
tower s. The Building Inspector suggested that the Council could
180
August 27, 1985
put a restriction in the resolution approving the towers, but not
allowing noise to exceed 65 decibles. The Council agreed.
Smith moved and Jessen seconded the following resol~~tion.
RESOLUTION #85-97 RESOLUTION TO CONCUR W ITH THE PLANNING
COHISSION TO APPROVE A SETBACK VARIANCE
FOR 5340 SHORELINE BLVD., PID #13-117-24
34 0006, WITH THE CONDITIONS STATED
The vote was unanimously in favor. Motion carried.
VARIANCE REQUEST 2624 WESTEDGE BLVD. - AARON APPLEQUIST ~ MARY
PACHOLKE
The applicants were present and presented their proposed
resolution for this variance request. .Since the City Attorney
just received their proposal, the Council decided not to take
action at this time.
MOTION made by Councilmember Smith, seconded by Councilmember
Paulsen to table this item until the September 10, 1985,
Council Meeting. The vote was unanimously in favor. Motion
carried.
LICENSE RENEWAL & ISSUANCE OF NEW LICENSES
MOTION made by Councilmember Jessen, seconded by
Councilmember Smith to authorize the renewal of a Set-Up
License to Mound Lanes (license expires 6-30-86). The vote
was unanimously in favor. Motion carried.
MOTION made by Councilmember Paulsen, seconded by
Councilmember Smith to authorize the issuance of a Tree
Rem oval License to Bear Tree Service (Ken Berres), 4301
Oregon Ave. No., New Hope, MN. 55428. The vote was
unanimously in favor. Motion carried.
MOTION made by Councilmember Paulsen, .seconded by
Councilmember Jensen to authorize the issuance of a Games of
Skill License to Minnetonka Music, 2252 Commerce Blvd.,
Mound. The vote was unanimously in favor. Motion carried.
COMMENTS ~ SUGGESTIONS FROM CITIZENS PRESENT
The Mayor asked if there were any citizens present who wished to
make comments or suggestions. There were none.
CONTTNttATTON FROM FEBRUARY 12. 1985. REZONING FROM R-~ TO B-1. A
The City Manager explained that this was continued because the
Council wanted the Met Council to approve a Comprehensive Plan
Amendment before action was taken on the rezoning. That has now
been obtained and the action on the rezoning is now in order.
1 81
August 27 , 1985
Smith moved and Polston seconded the following ordinance:
ORDINANCE # 484 ORDINANCE AMENDING THE CITY OF MOUND
OFFICIAL ZONING MAP BY REZONING A CERTAIN
PARCEL FROM R-3 RESIDENTIAL TO B-1
BUSINESS
The vote was unanimously in favor. Motion carried.
nTSCUSSION ON EXISTING CONDITIONAL USE PERMIT (RESOLUTION #78-
488), FOR CENTURY AUTO BODY, 55~~ SHORELINE BLVD.
The City Manager submitted a letter he sent to Mr. Vic Cossette
on August 2, 1985, regarding items that Mr. Cossette is now doing
at the site which are not covered in his present Conditional Use
Permit. Such items as exterior painting of boats, selling of
boats, etc. He asked the Council for direction on what they want
the Staff to do about the problems. The Council directed the
Staff to have Mr. Cossette come in and apply for a new
Conditional Use Permit which will cover his present operations.
No other action was taken.
SET-UP & ~ .2 BEER LICENSES. ~_ DANC1~PER~I~~~Q_g_ ~E POLICE
SERVE1S DANC
MOTION made by Councilmember Smith, seconded by Councilmember
Jessen to authorize the issuance of Set-Up and 3.2 Beer
Licenses and Dance Permit to the Mound Police Reserves annual
dance on September 20 ~ 21 , 1985. The vote was unanimously
in favor. Motion carried.
CONSIDERATION OF CANINE PROGRAM FOR POLICE DEPARTMENT
The Police Chief explained the canine program to the Council.
There would be nominal costs of converting one of the old squads
for use with a dog (approximately $200 to $500), dog food and
veterinary bills (usually averaging less than $750 per year).
Officer John McKinley has a trained dog named Mickey and would
lease the dog to the City so the City's insurance company would
be the carrier. They have spoken to the Cityts Insurance Agent,
Earl Bailey, and there will not be any extra charge for covering
the dog. Officer McKinley and Mickey were present and gave the
Council a demonstration.
MOTION made by Councilmember Smith, seconded by Councilmember
Paulsen to implement the canine program as proposed and to
have the Police Chief report back to the Council in 6 months
on its progress. The vote was unanimously in favor. Motion
carried.
SET DATE FOR PUBLIC HEARING ON ZONING AMENDMENT OF CONDITIONAL
USE PROVISIONS OF SECTION 2~.6~5.~ TO ALLOW CONSIGNMENT/GIFT
SHOP BY CONDITIONAL USE PERMIT
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August 27, 1985
MOTION made by Councilmember Jessen, seconded by
Councilmember Paulsen to set September 10, 1985, at 7:30 P.M.
for a Public Hearing to consider a zoning amendment of
conditional use provisions of Section 23.635.3 to allow
consignment/gift shop by Conditional Use Permit. The vote
was unanimously in favor. Motion carried.
_APPLICATION TO HENNEPIN COUNTY REQUESTING US OF CDBG
DISCRETIONARY FUNDS FOR A HANDICAPPED VAN - $8,000
The City Manager explained that Mound, Minnetrista, Orono, Spring
Park, and St. Bonifacius have already committed $1,820 to the
purchase of a handicapped van, but the cost is higher than what
we have committed. The Westonka Seni-ors will own- the van and
lease it to the school district for $1.00. The school district
will then maintain the van and provide insurance. Therefore we
would like to request additional money from Hennepin County~s
CDBG discretionary fund for the money. The request is for an
additional $8,000.
MOTION made by Councilmember Paulsen, seconded by
Councilmember Smith to authorize the submission of an
application to Hennepin County for $8,000 from the CDBG
discretionary funds for the purchase of a new handicapped
van. The vote was unanimously in favor.. Motion carried.
PETITION FOR LOCAL IMPROVEMENT LOTS 7-1~. BLOCK 16. THE
HIGHLANDS ~ MR. LOU DERNER
The City Manager explained that Mr. Derner is present and asking
the City to approve a public improvement to install water, sewer
and storm sewer to his proposed subdivision. The estimated cost
of the improvement would be $70,000. The cost would then be
assessed to the 5 lots in the subdivision.
The Council discussed the proposal and decided they did not want
to commit public funds for private developments. All other
developers have had to install and pay for their own utilities
and they did not want to set a precedent by changing the policy.
No action was taken.
DISCUSSION ON VARIANCE APPLICATION FROM GORDON WOLF, LOT ~9,
BLOCK 1 '~,,,, SETON
The Building Inspector w ent over her report on the property. The
Council referred the matter back to the Planning Commission to
work up a plan and written agreement with Mr. Wolf for upgrading
the structure and bringing it into conformance with codes. If
Mr. Wolf is not willing to do this then the Building Official
will have to take the appropriate action to have the hazardous
building removed.
183
August 24, 1985
LOST LAKE CHANNEL
The City Manager explained that the City has received a petition
from a number of residents on Bartlett Blvd. asking that the City
acquire, through condemnation or purchase, the entrance to the
Lost Lake .Channel, which is located on Lots 23 and 16, The
Bartlett Place Upper Lake Minnetonka. They are asking this
because they are concerned about the efforts of a resident at
5469 Bartlett Blvd. (next to the channel) to intimidate and
generally discourage the use of the Channel.
Mr. Bill Netka was present and stated that when his son and
Charles Rye were attempting to clean out the bottom of the
entrance to the channel, they were told by the resident at 5469
Bartlett that they were on private property and should not be
trespassing. Mr. Ed Lynch, 5474 Bartlett, also stated that he
had obtained the necessary permits to repair his seawall and when
the barge came to repair it they were harrassed by the same
resident.
The City Attorney stated that he thinks the channel is public
waters but would like to do some further checking on this.
MOTION made by Mayor Polston, seconded by Councilmember
Paulsen to refer this matter to the City Attorney for further
study and bring it back to the September 2~F, 1985, Meeting.
The vote was unanimously in favor. Motion carried.
BALBOA PROPOSAL FOR PUBLIC WORKS FACILITY
The City Manager explained that the proposal is for 19,489 square
feet at $2.50 per square foot or an annual rent of $48,722.58 per
year. This is on a triple net lease, taxes ($7,795.60),
utilities ($6,000. etc.) and commons maintenance ($2,000) would
be on top of that, making the total per year $64,518.80. Also in
the lease is an annual cost of living increase built in each
year, not to exceed 6~. If we sign a ten year lease, they would
allow an incentive of $2.00 per square foot cash allowance
($39,445.16), plus four months free rent the first year.
The Council discussed this proposal and the possibility of
building a Public Works facility.
Councilmember Paulsen stated he would like to have various
questions answered before the Council goes any further with this
proposal or the possibility of building a facility.
The Council discussed the previous study that was done on various
sites.
MOTION made by Councilmember Smith, seconded by Councilmember
Jessen to have Mayor Polston and Councilmember Paulsen work
18 ~+
August 27, 1985
with Bonestroo, Rosene Engineering Firm who did the Public
Works Study last year, and explain the problems with various
sites and give direction to the firm as to what is wanted.
The vote was unanimously in favor. Motion carried.
HRA APPOINTMENT
Jessen moved and Polston seconded the following resolution:
RESOLUTION #85-99 RESOLUTION TO REAPPOINT DON ULRICK ~ THE
MOUND HOUSING ~ REDEVELOPMENT AUTHORITY -
TERM TO EXPIRE AUGUST 29, 1990
The vote was unanimously in favor. Motion carried.
DEPOT REMODELING
The City Manager explained that this is
renovation of the Depot in Mound Bay
quotations were sent to the following co
E. R. Berglund Construction and Optim
Construction was the only one to submit
$10,332 for the 5 items requested.
the next phase of the
Park. Requests for
ztractors: Jerry Kust,
Construction. Optim
a quote which came to
MOTION made by Councilmember Paulsen, seconded by
Councilmember Jessen to approve the quotation from Optim
Construction in the amount of $10,322 for the five items
listed on the quotation sheet to continue the renovation of
the Depot.. The vote was unanimously in favor. Motion
carried.
REAPPOINTMENT OF CITY REPRESENTATIVE TO L M C D
The City Manager stated that even though he has resigned as City
Manager, he would still like to be Mound's representative to the
L. M.C.D. If when the new Manager is hired he would like to be
the representative, Mr. Elam stated he would then resign.
Paulsen moved and Jessen seconded the following resolution:
RESOLUTION #85-100 RESOLUTION REAPPOINTING JON ELAN AS
MOUNDtS REPRESENTATIVE TO THE L.M.C.D.
The vote was unanimously in favor. Motion carried.
The bills were presented for consideration.
MOTION made by Councilmember Paulsen, seconded by
Councilmember Jessen to approve the payment of bills as
presented on the pre-list, in the amount of $185,550.74, when
funds are available. A roll call vote was unanimously in
185
August 27, 1985
favor. Motion carried.
SET DATE FOR PUBLIC HEARINGS - ASSESSMENTS
MOTION made by Councilmember Paulsen, seconded by
Councilmember Jessen to set September 24, 1985, for the
folloWing Assessment Hearings:
CBD Assessment
Unpaid Delinquent Utility Bills
Unpaid Weed Removal Bills
Unpaid Tree Removal Bills
Unpaid Garbage Removal Bills
Removal of Hazardous Structure
The vote was unanimously in favor. Motion carried.
APPOINT ACTING CITY MANAGER
MOTION made by Mayor Polston, seconded by Councilmember
Paulsen to appoint City Clerk Fran Clark as Acting City
Manager and to increase her salary $500.00 per month until a
new City Manager is hired. The vote was unanimously in
favor. Motion carried.
INFORMATIONIMISCELLANEOUS
A. Notice from Dept. of Labor, Re: Garcia Decision, U.S.
Supreme Court.
B. Letter to Balboa, Re: IDB~s & Incubator Center.
C. Letter from West Hennepin Human Services.
D. League of Cities memo on new distrilled spirits excise tax.
E. Letter from D.N.R. regarding Lake Minnetonka lake use.
F. Letter from City of Chanhassen.
G. Summary of hearing of Senate Public Utilities Subcommittee.
H. Letter of thanks - Jake Gibbs/Nancy Gardner.
I. Letter from League of Cities, Re: Increased city costs for
Social Security & M edicare-.
J. Ehlers & Associate s Newsletter.
K. Solid W aste Control Commission Newsletter.
L. Metro Council Study on organized refuse collection.
M. Agenda & Minutes - Minnehaha Creek Watershed District.
186
August 27, 1985
N. Metro Council Review - August 9, 1985.
MOTION made by Councilmember Paulsen, seconded by
Councilmember Jessen to adjourn at 10:45 P. M. The vote was
unanimously in favor. Motion carried.
Fran Clark, City Clerk
Jon Elam, City Manager
BILLS-----AUGUST 27, 1885
Computer Run dated 8/23./85. Batch 854081 67,038.86
Computer Run dated 8/23/85 Batch 854082 25,280.19
Bills listed below Batch 854083 93,231.68
Total Bills 185,550.74
American Natl Bank Administration fee 351.98
E.F. Andersen No Park signs 268.55
A ~ C Signgraving Nameplates 50.00
Acro-MN Office Supplies 390.74
Allied Blacktop 1885 Sealcoat Proj 28,773.25
Burlington Northern Lease 583.33
Beermann Services. Recycling Pickups 1,005.00
Continental Lighting Fluor, lights 124.28
Economy Data Products Printer Paper 61.41
Steve Grand Mtg exp 7.56
Horan Associates Architect services 1,172.40
Henn Co. Tress Assessor Services 37,944.75
Pillip Haugen Weed Cutting 327.60
MN Frac Sand Sand 82.80
Mound Spraying Supply Weed 'Spray 11.99
Mound Medical Clinic W/C exams 26.36
McCombs. Knutson July professional Serv 4,1T0.00
P.D.Q. Food Stores July gasoline 1,553.20
Brad Roy Mtg exp 7.56
Stevens Well Drilling Pipe 62.40
Stevens Market Supplies-council,recrea. 118.27
State Tress-Surplus Service Fee 30.00
Team Laboratory Chemical Chemicals 233.88
Tools Unlimited 15 ton hydraulic jack 1,188.99
Van Doren,Hazard,Stailings July Consuit sere 2,311.25
Von Klug ~ Assoc June Services 645.00
Wurst,Pearson, Hamilton 2nd Qtr billing 6,528.00
Windward Communications Council Amps ~ Microph 1,195.00
West Tonka Interiors Repair carpet-Parks 45.00
Warner Hdwe Railing Materials 93.77
Water Products extensions 187.70
Widmer Bros. Inc Repairs ~ Services 2,101.75
Xerox Corp Aug pymts ~ Maint 616.83
Ziegler, Inc. Latch for loader 8,gg
93,231. 9
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