1989-04-2553
April 25, 1989
MINUTEB - MOUND CITY COUNCIL - APRIL 25, 1989
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, April 25, 1989, at 7:30 P.M., in the
Council Chambers at 5341 Maywood Road, in said City.
Those present were: Mayor Steve Smith, Councilmembers Andrea Ah-
rens, Liz Jensen, Phyllis Jensen, and Skip Johnson. Also present
were: City Manager Edward J. Shukle, Jr, City Clerk Fran Clark,
City Attorney Curt Pearson, City Engineer John Cameron, Finance
Director John Norman, Building Official Jan Bertrand, City
Auditor Gary Groen and the following interested citizens: Vic
Cossette, Oswin Pflug, Mark & Stacy Goldberg, Phil Lansing, Mike
Mueller, Louise and Mark Anderson, Neil Weber, Paul Henry, Lance
Cole, Shirley Spraguer, Freda Olson, Gona & Clay Olson, Jack
Cook, Jim Robin, Paul Withers, Jack Wang and Jim Jarenko.
The Mayor opened the meeting and welcomed the people in atten-
dance.
The Pledge of Allegiance was recited.
MINUTES
The City Manager stated that there should be an amendment to the
April 11 Minutes. On page 1180, first paragraph under Triax
request, the second sentence which reads as follows should be
deleted: "This would replace the two 15 foot satellite dishes
now in place."
MOTION made by Johnson seconded by Jensen to approve the
minutes of the April 11, 1989, Regular Meeting as amended
and the April 18, 1989, Special Meeting as submitted. The
vote was unanimously in favor. Motion carried.
PUBLIC HEARING: DELINQUENT UTILITY BILLS
City Manager Ed Shukle explained that the revised amount was
$5,488.60. Mayor Smith opened the Public Hearing regarding
delinquent utility bills. There was no one present in the
audience who wished to speak on this issue. The Mayor closed the
Public Hearing.
Jessen moved and Ahrens seconded the following resolution:
RESOLUTION 89-40 RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT OF $5,488.60
AND AUTHORIZING THE STAFF TO SHUT-OFF
WATER SERVICE TO THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
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April 25, 1989
CASE #89-804: MARK AND STACY GOLDBERG, 4853 ISLAND VIEW DRIVE,
LOT 4, BLOCK 14, DEVON, PID #25-117-24 11 0037,
RECONSIDERATION OF VARIANCE DUE TO STRUCTURAL CON-
DITIONS
The Building Official explained that after Resolution #89-33 was
granted and the remodeling was started (without a permit), it
was discovered that the house did not have the proper frost foot-
ings, the garage walls did not have any footings, and the house
caved in. Also discovered was a sewer easement on the property
which will limit construction and where the boathouse can be
relocated on the applicants property. Mr. Goldberg is now asking
to be allowed to rebuild the home in the same footprint and
requesting that the boathouse be allowed to remain where it is on
public property. The Planning Commission recommended approval of
the reconstruction in the same footprint, but asked that the
boathouse be relocated onto the applicant's property.
The Council discussed the problems and decided to amend resolu-
tion #89-33 allowing the reconstruction of the home in the same
footprint and granting a 3 foot side yard variance and 4 foot
setback variance for the boathouse which will be moved onto the
applicants property. The applicant also agreed to survey and
restake the property before the moving of the boathouse.
Jensen moved and Smith seconded the following resolution:
RESOLUTION #89-41 RESOLUTION TO AMEND RESOLUTION #89-33
AND ALLOW RECONSTRUCTION OF THE HOME IN
THE SAME FOOTPRINT AND GRANT VARIANCES
FOR THE POSITIONING OF THE BOATHOUSE OFF
OF PUBLIC PROPERTY AND ONTO THE AP-
PLICANTS PROPERTY, P & Z CASE #89-804,
PID #25-117-24 11 0037, LOT 4, BLOCK 14,
DEVON
The vote was unanimously in favor. Motion carried.
PRESENTATION BY JIM ROBIN, LANDSCAPE ARCHITECT, RE: BEAUTIFICA-
TION OF COUNTY ROAD 15
Jim Robin, Landscape Architect who has been retained by the Wes-
tonka Area Chamber of Commerce, presented his proposal for the
beautification of Shoreline Blvd. The design recommendations are
focused on resolving the issues which this project has brought to
light and on developing a unified design that would give con-
tinuity to the appearance of County Road 15 from Navarre to
Mound. He recommended that the plan be adopted by the three par-
ticipating cities as a guide to be used in the design, review and
implementation of new development along the road.
55
April 25, 1989
MOTION made by Johnson, seconded by Jensen to formally ac-
cept the beautification plan, as presented by James Robin,
for Shoreline Blvd. (County Road 15). The vote was unanim-
ously in favor. Motion carried.
CASE #88-732: VIC COSSETTE, ARCO/CENTURY CO., 5533 SHORELINE
BLVD., LOT 5 AND WESTERLY 50~ OF LOT 6, AUDITORS
SUBDIVISION 170, PID #13-117-24 33 0007.._& 0008.
CONDITIONAL USE PERMIT AMENDMENT
The Building Official explained that she has tested the decibels
at the property and that with the meter facing the microphone
towards the speaker, it read 55 to 65 decibels, with
background/traffic noise it increased to 70+ decibels. She fur-
ther reported that Mr. Cossette has now installed a volume con-
trol. She did inform Mr. Cossette that an air compressor on the
site read 75 to 80 decibels and he has ordered an intake filter
for the compressor to decrease the noise level of the unit. The
Planning Commission recommended amending Resolution #89-1, item
2, to read as follows: "Additionally, loud noises or noises over
loud speakers be permitted if not allowed to exceed 65 decibels
at the property line." Mr. Cossette agreed with the language and
the corrections.
The City Attorney suggested that this amendment to the Condi-
tional Use Permit be filed with Hennepin County.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #89-42 RESOLUTION TO AMEND RESOLUTION #89-1,
ITEM #2, FOR VIC COSSETTE, ARCO/CENTURY,
COS., 5533 SHORELINE BLVD., LOT 5 AND
WESTERLY 50~ OF LOT 6, AUDITORS SUB-
DIVISION 170, PID #13-117-24 33 0007, P
& Z CASE #88-732
The vote was unanimously in favor. Motion carried.
APPLICATION FOR OPERATIONS PERMIT: HBC, INC., 5340 SHORELINE
BOULEVARD
The Building Official explained that Helo Saunas from Finland
(HBC, Inc.) as applicant and Balboa as the owner of the building
are in violation of Section 23.650 for not securing all necessary
permits prior to initiating operations of the business. HBC,
Inc. has now applied for an operations permit to establish a
business which will distribute and manufacture saunas and
whirlpool tubs. There are three violations to building and/or
fire codes which are as follows:
1. The business does not contain proper separation between
storage areas and warehouse areas;
2. The rack storage in the warehouse area exceeds allowed
heights;
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April 25, 1989
3. Propane tanks are not properly secured and stored on
the exterior of the building.
The Planning Commission and the Staff recommend approval subject
to full and immediate compliance with all code requirements.
Smith moved and Johnson seconded the following resolution:
RESOLUTION #89-43 RESOLUTION TO APPROVE AN OPERATIONS PER-
MIT FOR HBC, INC., 5340 SHORELINE
BOULEVARD SUBJECT TO FULL AND IMMEDIATE
COMPLIANCE WITH ALL CODE REQUIREMENTS
The vote was unanimously in favor. Motion carried.
CASE #89-809: JACK COOK, 4452 DENBIGH ROAD, BLOCK 1, LOT 2,
AVALON, PID #19-117-23-24 0002, VARIANCE
The Building Official explained the background and stated that
the Planning Commission and Staff recommended denial and that the
applicant be required to comply with the findings outlined in
Resolution #87-191.
The applicant stated that he and his neighbor, Sandra Konnad now
agree that the deck at a continuous level would look better than
one on different planes, even though it encroaches 1 foot onto
the property to the west.
Mr. Cook stated that he would contact Ms. Konnad and see if she
were willing to sell a small piece of land to correct the
encroachment.
MOTION made by Smith, seconded by Johnson to table this item
until the May 23, 1989, Meeting to allow Mr. Cook time to
rectify the encroachment problem. The vote was unanimously
in favor. Motion carried.
REQUEST TO SELL CITY OWNED PROPERTY: LOTS 13 & 14, BLOCK 11,
DEVON
The City Clerk explained the background of this property and that
a neighbor has approached the City to purchase the property so
that it will not be developed.
The Park Commission recommended that the City Council retain
these lots as a passive park, post a sign "no dumping, nature
conservation area", and have the builder clean his debris from
the lot. Shirley Spraguer stated that the lot has been cleaned
up. Mark Anderson (neighbor) and Tom Casey (Park Commissioner)
agreed with the recommendation.
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April 25, 1989
MOTION made by Johnson, seconded by Jessen, to retain Lots
13 & 14, Block 14, Devon as a passive park and send a
request to the Park Commission to develop signage and pos-
sibly a name for the park. The vote was unanimously in
favor. Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
There were no comments or suggestions.
PRESENTATION OF 1988 FINANCIAL AIIDIT REPORT, DRAFT - GARY GROEN,
ABDO, ABDO & EICR
Gary Groen, Auditor, and John Norman, Finance Director high-
lighted the 1988 Financial Audit. The City Manager explained
that the final audit will be completed in 4 to 6 weeks. The
reason for the delay is that we will be applying for the Govern-
ment Finance Officers Association Certificate of Conformance
which had required more narrative and information. No action was
taken on this item.
APPLICATION FOR INSTALLATION OF RIP-RAP LAREWINDS ASSOCIATION
The Council had no comments on the application to the Minnesota
Department of Natural Resources for rip-rapping the shoreline at
the Lakewinds Condominiums.
TAX FORFEIT PROPERTY
The City Clerk explained that there are 6 parcels that have come
up tax forfeit. Two should be released for sale to adjoining
property owners only: PID #13-117-24 11 0107 and 13-117-24 14
0035. Four should be kept for drainage, wetlands or because they
are unbuildable: PID #19-117-23 32 0189, 24-117-24 44 0121, 25-
117-24 12 0030 and 30-117-23 22 0047.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #89-44 RESOLUTION RECONVEYING (IF NECESSARY)
CERTAIN TAX FORFEIT LANDS BACK TO THE
STATE AND REQUESTING THE COUNTY BOARD TO
APPROVE CONDITIONS ON THE SALE OF SAID
TAX FORFEIT LANDS AND TO RESTRICT THE
SALE TO OWPTERS OF ADJOINING LANDS
The vote was unanimously in favor. Motion carried.
Jensen moved and Jessen seconded the following resolution:
RESOLUTION #89-45 RESOLUTION AUTHORIZING APPLICATION FOR
CONVEYANCE FROM THE STATE OF CERTAIN TAX
FORFEIT LANDS
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April 25, 1989
The vote was unanimously in favor. Motion carried.
DENBIGH ROAD STREET IMPROVEMENT PETITION
The City Engineer explained that he has received a petition for
concrete curb and gutter, bituminous paving and storm sewer, Lots
88 through 99, Phelps Island Park, First Division, which is an
unimproved private road. This item has come up several times
before but since all the neighbors are not in favor of the im-
provement, it has been denied each time. The Engineer stated
that the estimated cost of the improvement is now $33,000.00, but
this does not include acquisition of right-of-way.
The following persons spoke in favor of the project: Paul
Withers, Jack Wang, and Jim Jarenko.
The following persons spoke against the project: Oswin Pflug and
Freda Olson.
The Council asked that the people in favor of the project nego-
tiate with those against the project to try and get full agree-
ment of all property owners to proceed with the project.
MOTION made by Johnson, seconded by Smith to table this item
until the May 23rd Council Meeting to allow the neighbors
time to get full agreement on the project. The vote was un-
animously in favor. Motion carried.
STOP LIGHT AT COMMERCE BLVD. AND LYNWOOD BLVD.
The City Manager reported that the Hennepin County has now agreed
to leave the accesses from Commerce Blvd. to the Tonka West Shop-
ping Center open with "enter only" restrictions and install the
stop light at the corner of Commerce Blvd. and Lynwood Blvd. He
further reported that the County would be able to install the
signal light by late this year if the Council approves. Phil
Lansing and Mike Mueller, owners of the Tonka West Shopping Cen-
ter, stated they are against the "enter only" restriction and
presented a letter from their tenants which also stated objec-
tion. The letter was signed by the owners of the following
businesses: West Lake Pharmacy, Brickley's Market, D'Vinci's
Italian Cafe and Home Laundry.
The Council discussed the objections and decided to go along with
the County's recommendation and review the situation after the
signal light is installed.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #89-46 RESOLUTION APPROVING A PROPOSAL BY HEN-
NEPIN COUNTY TO INSTALL A STOPLIGHT AT
THE INTERSECTION OF COMMERCE BLVD. AND
LYNWOOD BLVD.; MOVING CROSSWALK FROM MID
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April 25, 1989
[]
BLOCK OF COMMERCE BLVD. (BEN FRANKLIN)
TO SOUTH SIDE OF INTERSECTION AT COM-
MERCE BLVD. AND LYNWOOD BLVD. AND ALLOW-
ING ACCESSES TO PARKING LOT ON EAST SIDE
OF COMMERCE BLVD. (TONRA WEST CENTER) TO
REMAIN OPEN WITH "ENTER ONLY" RESTRIC-
TIONS WITH WORK TO BEGIN AS SOON AS POS-
SIBLE
The vote was unanimously in favor. Motion carried.
AMENDMENT TO SOLID WASTE AGREEMENT WITH HENNEPIN COUNTY
(RECYCLING)
MOTION made by Jensen, seconded by Jensen to amend the 1988
Solid Waste Agreement No. 80351 with Hennepin County as
proposed by Hennepin County. The vote was unanimously in
favor. Motion carried.
1
ORDINANCE AMENDMENT - MECHANICAL CONTRACTORS
The Building Official explained that this ordinance is being
brought back to the Council amended as they asked at the last
meeting. The Council discussed competency testing. The Building
Official will check to see if Mound can use Minnetonka's testing
procedure.
Smith moved and Ahrens seconded the following:
ORDINANCE #25-1989 AND ORDINANCE AMENDING SECTIONS 311:00
AND 311:05 OF THE CITY CODE RELATING TO
MECHANICAL AND GAS PIPING PERMITS AND
REGISTRATION OF CONTRACTORS
i
~~
The vote was unanimously in favor. Motion carried.
LICENSE RENEWALS & NEW LICENSES
The following are license renewals:
Bowling - 8 lanes - Mound Lanes & Pizza
Games of Skill - 2 - Al & Alma"s
5 - Mack's Jock Club
Juke Box - 1 - American Legion #398
1 - VFW #5113
Pool Table - 4 - Mack's Jock Club
2 - VFW #5113
Restaurant - Al & Alma's
American Legion #398
Domino's Pizza #1974
D'Vinci's Mound
Happy Garden
Hardee's
House of Moy
Mack's Jock Club
Mound Lanes & Pizza
Taco Deli
VFW #5113
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April 25, 1989
The following are new license applications:
Restaurant - Subway Sandwiches & Salads
Gambling Licenses - Off site - Northwest Tonka Lions
Class C (Bingo only) - VFW #5113
MOTION made by Ahrens, seconded by Jensen to authorize the
issuance of the above licenses contingent upon all required
forms, insurances, etc. being turned in. The vote was un-
animously in favor. Motion carried.
GARDEN LEASE
MOTION made by Jessen, seconded by Jensen to approve a gar-
den lease for Ray Kramer for Lots 10, 11 and 12, Block 4,
L.P. Crevier~s Subdivision Part of Lot 36 Lafayette Park.
The vote was unanimously in favor. Motion carried.
PAYMENT OF BILLS
MOTION made by Jensen, seconded by Ahrens to authorize the
payment of bills as presented on the pre-list in the amount
of $162,360.16, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
STORM SEWER REPAIR - EMERALD DRIVE
The City Engineer explained that there is an old storm sewer lo-
cated in Emerald Drive, just northeast of its intersection with
Wilshire Blvd. that over this winter apparently broke out a sec-
tion of the pipe and the subgrade of the street keeps washing
into the opening. He then presented the proposal to repair this
area from Widmer which includes replacing approximately 98 feet
of 24" R.C.P., a new manhole and outlet structure at a cost of
$9,714.50.
MOTION made by Jensen, seconded by Ahrens to authorize the
replacement of an old storm sewer located in Emerald Drive,
just northeast of its intersection with Wilshire Blvd. to be
done by Widmer at a cost of $9,714.50. The vote was unanim-
ously in favor. Motion carried.
COUNTY ROAD 15 - ADDITIONAL CONCRETE
The City Engineer explained that there is an area approximately
40" wide between the back of the curb and the inside edge of the
sidewalk that is proposed to be sodded. The area in Mound af-
fected extends from just east of Wilshire Blvd. to approximately
Northern Road. Orono and Spring Park have already requested the
County to fill this with 4" thick concrete because sod will not
live in the area with the salt/sand in the winter. The County
has quoted a price of $2.20/S.F. less $.34, their share of the
cost for a net cost to the City of $1.86/S.F., a total of ap-
proximately $23,622. Public Works and the City Engineer
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April 25, 1989
recommend this area be paved to eliminate future maintenance
problems, not only from snow removal, but also dead sod.
The Council discussed this and the County Road 15 beautification
project .
MOTION made by Johnson, seconded by Smith directing the City
Manager to find an alternative to concrete that would look
better than concrete for the area extending from just east
of Wilshire Blvd. to approximately Northern Road. This is
to be brought back to the next Council Meeting. The vote
was 4 in favor with Ahrens voting nay. Motion carried.
WAIVER OF WAITING PERIOD FOR OFF-SITE GAMBLING LICENSE
MOTION made by Smith, seconded the
day waiting period for an off site
Northwest Tonka Lions, for Friday,
Arena. The City Clerk will notify
Commission of the waiver. The v
favor. Motion carried.
COMMUNITY ENERGY COUNCIL
Jessen to waive the 60
gambling permit for the
June 9th, at the Pond
the Charitable Gambling
ote was unanimously in
The City Clerk explained that the West Hennepin Human Services
Planning Board (WHHS) has asked Mound, Spring Park and Wayzata to
jointly participate in a program to provide energy conservation
services to the residents of those cities. The program would be
administered by WHHS and the funds would come from the utilities
to pay for the service and Community Energy Council Grant funds
from the Minnesota Department of Public Service to cover ad-
ministrative costs. The programs provided would be home energy
audits and weatherization.
Johnson moved and Jessen seconded the following resolution:
RESOLUTION #89-47 RESOLUTION TO ESTABLISH A JOINT COM-
MUNITY ENERGY COUNCIL BETWEEN THE CITIES
OF MOUND, SPRING PARR AND WAYZATA
The vote was unanimously in favor. Motion carried.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #89-48 RESOLUTION AUTHORIZING MOUND TO ACT AS
LEAD COMMUNITY IN INITIATING A JOINT
AGREEMENT WITH SPRING PARR AND WAYZATA
FOR THE SUBURBAN ENERGY CONSERVATION
PROGRAM TO BE FUNDED BY MINNEGASCO,
NORTHERN STATES POWER AND THE STATE OF
MINNESOTA~B DEPARTMENT OF PUBLIC SERV-
ICE, ENERGY DIVISION
62
April 25, 1989
The vote was unanimously in favor. Motion carried.
Johnson moved and Ahrens seconded the following resolution:
RESOLUTION #89-49 RESOLUTION APPROVING THE GRANT FORM AP-
PLICATION FOR THE COMMUNITY ENERGY COUN-
CIL GRANT
The vote was unanimously in favor. Motion carried.
INFORMATION/MISCELLANEOUS
A. March 1989 Financial Report as prepared by John Norman,
Finance Director.
B. Planning Commission Minutes of April 10, 1989.
C. Park Commission Minutes of April 13, 1989.
D. LMCD Minutes of March 29, 1989.
E. Memo from Senator Gen Olson regarding S.F. 1129 and S.F.
187, two bills that would affect Lake Minnetonka and Mobile
Home Parks.
F. Program Schedule for the Annual League of Minnesota Cities
Conference to be held June 6-9, at the Hyatt Regency Hotel
in downtown Minneapolis. The annual conference is an event
that I would recommend you attend. Let Fran know, if you
wish to attend, by May 19, 1989.
G. In conjunction with the LMC Conference, the National League
of Cities is sponsoring a one-day seminar called "Strategies
and Steps for a Dynamic Downtown". This will be held on
Tuesday, June 6th, from 8 AM to 5:30 PM. The LMC Conference
begins at 6:30 PM. The NLC seminar will also be held at the
Hyatt. I would recommend this to you as well. This seminar
may be valuable for our newly created Economic Development
Commission (EDC). If you have no objection, I will inform
the EDC at its first meeting, of this seminar, and I will
indicate to them that the City will pay their registration.
The Council agreed to paying the registration fees for the
EDC.
H. News Release from Hennepin County Board of Commissioners en-
titled, "Recycle Plastic - Don't Throw It Away and Don't Ban
It".
I. City of Mound received an award at the annual Recycling
Luncheon sponsored by Hennepin County on April 19th. Mound
was awarded by achieving the County's 1988 Goal of Recy-
cling 9% of the solid waste stream. The award was presented
to Mayor Smith by Hennepin County Commissioner Randy
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April 25, 1989
Johnson.
J. The Association of Metropolitan Municipalities (AMM) has
developed a brochure on understanding property tax impact.
It is entitled "Property Tax Impact Made Understandable".
K. The Citizen's Task Force on Public Facilities has requested
that the City Council appear at their next meeting to dis-
cuss informally the Task Force's work. Please plan on at-
tending the meeting. It will be held Thursday, May 4, 1989,
7:00 PM, City Hall.
MOTION made by Jensen, seconded by Johnson to adjourn at
10:45 P.M. The vote was unanimously in favor. Motion
carried.
J. Shukle
~~1,f~ rv~ ~ X.~J~ Jl'~
Fran Clark, LMC, City Clerk