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81-12-22 C Mou MOUND CITY COUNCIL December 22, City Hall 7:00 P.M. . Minutes of Decemb~ ~. PUBLIC HEARING: A. Delinquent Ut Re-consider 1982 Zbning (Please bring cop ~s of previous Imeeting n ordeP ~. Approval of 1982 Ick Perm ~. Appointmen!t of Pa Commi January 1~! 1982 a. Lowell Swensi~n b. Andy Gea rha ri~ c. Kathy Baile 6. Miscellaneous/I marion ~ Correction o Resolul ~. Approve Dise sed Tree Set Hearing te for from R-1 to 4 Multi. D. Set Hearing te on N, the Bowling Alley - J. E. Payment of Bills )UND Ordinance from Xeroxing costs) ers for terms: 1-340 tes List ing iof 2900 Highlan, ly - January 26th, to Suspend Licenses ry 12th, 7:30 P.M. Pg. 1494-1503 Pg. 1503-a Pg. 1504 Pg. 1505-1508 Pg. 1509 Pg. 1510-151l Pg. 1512-15)3 Pg. 1514-1521 Pg. 1522-1526 Pg. 1G27 Page 1493 (21TY Of N. IOUND December 16,191 TO: City Manager FROM: James L. Krause SUBJECT: Notice of Retirememt Sir; This letter is to inform you of my retirement from the Department effective January 4, 1982. It has been a pleasure working with the many employees City of Mound during the pa~t 29 years. I am sure that the manl friends~ acquired during those y even more during my retirem~t. Respectfully; .James 1.o Krause 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 Mound Street of the Il be enjoyed CITY of MOUND December 14, 1981 5341 MAYWOC)F: ROAD MOUND, ,MINN~ 7 ;A 55364 (612) 47:2 , 5 TO: CITY COUNCIL FROM: JON ELAM, CITY MANAGER il Since everyone is getting into an increasingly busy holiday sc~ ~dule and we have only two meetings left in 1981, I thought it useful ~o pre~are a Council packet that would cover both the Meetings of December 22n~ and~December 29th. That way because of the desire to keep the meeting on thei22nd ~hort, (remember it starts at 7:00 P.M. instead of 7:30 P.M.) be~ide t~e two items set for that meeting, Items 1 and 2 on the Agenda, I thought perhaps there were other items which could be dispatched if desired fairly quickly. Thus, shortening the December 29th Meeting, or at least !rems ~ might want to review and discuss in preparation of the 29th Meeting.u ~ As you can tell the number of items, although relatively e both complex and critically important for the City in 1982. :se introductory comments, I'll let you get into the packet. JE:fc December REGULAR MEETING ~F THE CIT~Y COUNCIL Pursuant to due call and notice Ithereof, a regular meeting of the City of Mound, Hennepin Coun!ty, Minnesota, was held at 53 said City on December 8, 1981, air 7:30 Those present were: Mayor Rock iLindlan, Councilmembers Pinky Polston, Gordon.Swenson, Donald ~lrick. Also present were Ci Jon Elam; City Attorney, Jim La~Son; Water Superintendent, Grei Chief Bruce Wold; Secretary, Fra!n Clark; and the following int Lynn Sorbo, Patrick Sheehan, Doris Macias, Duane Schaller, Hat Vern Marsa, Tim Shea, Tom PolhemUs, Danny Jensen, Jac Kelvie, Buzz Sycks, Stan Drahos. The Mayor opened the meeting and MINUTES The Minutes of the December l, 1 consideration. Swenson moved an Minutes of December 1, 1981, Reg was unanimously in favor. Motio PUBLIC HEARINGS Bo termination of such single-ownership., a separate coinnectl immediately to the building or ..premises theretoforei havi 190 , 1981 he City Council of Maywood Road in baron, Robert Manager, Skinner, Police rested citizens: y A. Smith, ebecca Peterson, welcomed the people in attend nce. 981, Regular Meeting were pres nted for J Pol. ston seconded a motion to approve the Jlar Council Meeting as submit ed. The vote carried. MINNEGASCO FRANCHISE FEE The Mayor explained to the people in attendance regardin~ this hearing that it would not be held because at the December J, 198~j, hearing the Council decided not toladd a users tax to the ~eside~t"s Minnegasco bills. The decision not tO add the tax was because of o~erwhelming public oppos,t~on at the D~cember 1st Meeting. Helwent ~n to add that the ..... ~ ' ' ~ ' re w~ll be a deficit ,n~the C,ty f~nances at the end . f th~s year, partially because the State has not paid the City a~pprox mately $63,000.00 in aid funds, but that the issue of a u{ers f on Minnegasco bills was closed. WATER SERVICE DISCONNECT -i5930 & 5932 BEACHWOOD ROAD The City Manager explainedlthat these two properties wer, originally one and that they have only/ one water 1,ne and only one ( f the properties has a water meter. According to Chapter 6, Section 6.16 Subd. g of the C i ty Code, i "Every separate building and each unit in a duplex~j doub~J~ bungalow or townhouse'supplied with water must have its own se~¥ice ~nneCtion directly with the mains and each unit must be provllded wjJth a shutoff and drip valve in the cellar from an independent r~.Iser p )e. These prov,s,ons shall apply to ~11 new construction and ifor al ! units which connect to the City's water mains hereafter; existi!ng uni ~s which do not have separate services as of the effective dat~ of tJ s ordinance and which are now connected to the City's mains are excelan:ed from these provisions exept as set forth below. Two or more ad. jacerJj: building~ owned by the same person shall be supplied through t'he s~.e c'o~.ect'ion on~ly so lon'g' as the sing1e ownershJ'p continues and provided'''tha't ~'he o~ner acjrees to pay all charges for water consumed on the entlre premises. Upon the ~n shall be made the indirect ~91 December 8, 1981 connection, provided that in case there is not water main on any street on which said premises abut, the Superintendent may permit such connection to remain until the water main is laid in such abutting street.", these two properties are in violation of this ordinance. This is a due process hearing for the parties involved to show cause why their water should not be disconnected. The Mayor opened the Public Hearing and asked if there were any persons present who wished to address the Council. Joe Kelvie (representing Rebecca Peterson, 5930 Beachwood) - stated that they did not understand why this was happening as the bill is paid and always has been paid. Why was this not required of the past owners? The City Manager explained that when the lot split was done this issue did not sur. face and was overlooked. The reason it did surface was because last summer the bill was delinquent. Rebecca Peterson, 5930 Beachwood - Stated that she and her husband purchased the houselast July and paid the delinquent bill and had no knowledge Of any problem. It was their idea that they were the legal owner of the water lines since they have the one meter. Greg Skinner, Superintendent of Water - Stated that 5930 Beachwood has not been assessed for water but 5932 has been assessed for water and a water meter but 5930 has the water meter not 5932. Both properties were assessed for sewer. Rebecca Peterson - It was her understanding the West Suburban Realty split the property and therefore it should be their responsibility. The Council, the City Manager and the City Attorney tried to explain to Ms. Peterson that the City cannot pass judgement on who is right or wrong in this matter, but must insist on" uniform ordinance compliance throughout the City. This is the only issue. It was explained to Ms. Peterson that she should go to the City Offices and find out exactly what it would cost for the water unit charge, connection fe~ and the water meter. Councilmember Swenson asked Ms. Peterson where she lived and she stated that she now lives in Golden Valley and is renting out 5930 Beachwood. Councilmember Polston asked for a staff recommendation. The City Manager recommended giving the parties involved six (6) months to resolve the problem and if it is not done by then to shutoff the water service to both properties. The Mayor closed the Public Hearing. Councilmember Swenson moved and Ulrick seconded the following resolution. RESOLUTION #81-382 RESOLUTION TO ALLOW THE OWNERS OF 5930 BEACHWOOD AND 5932 BEACHWOOD UNTIL JUNE 1, 1982, TO COMPLY WITH CHAPTER 6, SECTION 6.16, SUBD. G OF THE CITY CODE OR WATER SERVICE WILL BE DISCONTINUED AT THAT TIME The vote was unanimously in favor. Motion carried. December 8, PLANNING COMMISSION ITEMS 3A. PUBLIC HEARING - REZONING OF ALL OF BLOCK 26, WYCHWOOD The City Manager explained the request to_nezone all of Block 26, Wychwood from A-I to A-2 residential had unanimous approval of the Planning Commission. The reason for approval was that most of the area around this block is zoned A-2. Councilmember Swenson commented that having this Block 26 as A-1 was clearly a matter of spot zoning. The Mayor opened the Public Hearing andasked, for aEy. comments or objections from citizens present. Buzz Sycks asked exactly where this Block was and the Mayor explained the location. There were no other comments. The Mayor closed the Public Hearing. Swenson moved and Charon seconded a motion to adopt the ordinance herein. quoted by title: ORDINANCE 420 AN ORDINANCE AMENDING SECTION 23.011 AND 23.012 BY REZONING CERTAIN LANDS FROM RESIDENTIAL A-1 TO RESIDENTIAL A-2 The vote was unanimously in favor. Motion carried. 3B. SIGN PERMIT - METRO STATION - 5377 SHORELINE BLVD.- PID #13-117-24 34 0063 3C. The City Manager explained that the application for this sign permit proposed the installation of a new 11' by 7'7", internally illuminated, "Mobil-Self Serve" sign on a 16' pole, on existing base. Because the proposed sign was bigger than the rest of the service station signs in the community, the Planning Commission recommended approval for a sign no larger than the sign approved for the Station at 4800 Bartlett Blvd. which is 8'2½" wide by 3'7" high (total area 28.1') Councilmember Swenson moved and Charon seconded the following resolution. RESOLUTION #81-384 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE SIGN PERMIT FOR THE MOBIL STATION AT 5377 SHORELINE BLVD. FOR A SIGN NO LARGER THAT 8'2½" WIDE BY 3'7" HIGH The vote was unanimously in favor. Motion carried. SIDE YARD & REAR YARD VARIANCE - 1673 Canary Lane, Danny Jensen, Lots 6 & 7, Block 5, Dreamwood PID #13-117-24 12 0052 The City Manager explained that the Planning Commission:had denied the request as presented because the existing garage and the proposed new double garage would all have to ~ave frost footings and if variances of 2.3 feet side yard andz 10 feet rear yard'were granted, the structure would be nonconforming. If Mr. Jensen would not attached this new garage to the existing garage and then attach this to the house, the Planning Commission would be willing to try and work something out. 193 December 8, 1981 The Building Inspector has spoken to M5 Jenson and suggested that he put in an overhead door at the rear and front of his new garage and then he can drive through to the rear garage. She has also suggested due to the angle of the home on the lot, the proposed garage addition would be 2.3 to 3 feet from the South lot line. Property irons would be required to be marked at the time of the footing inspection and the existing detached garage would be required to be set away from the principal structure by five (5) feet. Councilmember Swenson suggested that Mr. Jensen take his new request back to the Planning Commission next Monday night for their recommendation. Councilmember Ulrick started to make a motion and was interrupted by Mayor Lindlan. At 8:40 P.M. Councilmember Ulrick asked the Mayor for permission to make a motion. The Mayor gave his permission. Councilmember Ulrick moved and Swenson seconded a motion to refer this item back to the Planning Commission for their consideration of the new option. The vote was unanimously in favor. Motion carried. 3D. SIGN PERMITS - ST. JOHN'S LUTHERAN CHURCH - 2451Fairview Lane Tracts A to G, Incl., R.L.S. #739 - PID #'s 24-117-24 12 0058 and 24-117-24 12 0014 The Mayor turned the meeting over the Acting Mayor Polston because of a possible conflict of interest. The City Manager explained that this request was made to aid people in finding the Church and was approved by the Planning Commission with a stipulation. Councilmember Ulrick moved and Charon seconded the following resolution. RESOLUTION #81-385 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE SIGNS AS REQUESTED ON THE LOCATIONS PROPOSED SUBJECT TO THE COUNTY'S APPROVAL 'OF THE ONE ON COUNTY ROAD 15 AND SUBJECT TO THE POLICE CHIEFS APPROVAL OF BOTH LOCATION5 The vote was unanimously in favor. Motion carried. APPROVAL OF BIDS 4A. MOUND-SPRING PARK WATER CONNECTION The City Manager explained that bids were opened this morning for the Mound-Spring Park Water Connection:on C.S.A.H. 125. There were 5 bids received. They were as follows: 1. Ideal Enterprises, Inc. $70,217.50 2. G. L. Contracting, Inc. $70,297.50 3. Crossings, Inc. $43,197.00 4. F. F. Jedlicki, Inc. $79,950.00 5. Widmer Bros., Inc. $62,375.O0 The Engineer's estimate for this project was $73,250.00. The City Manager stated that he spoke with the County today and now there is some doubt that the County will have the money to replace the Black Lake Bridge next year. We could still do the project even if the County does not replace the bridge but /?77 194 December 8, 1981 Councilmember Polston questioned who would be responsible for any water main breakage or rerouting of this line when the County does replace the bridge. George Boyer, of Hickok and Associates and the City Manager recommended that we defer action on the bids for 30 days or until the first Council Meeting in January to see if the County makes a decision on the replacement of the Black Lake Bridge. 4B. Councilmember Polston moved and Swenson seconded a motion to defer action on the bids received until the January 5, 1982, Council Meeting when we may know more about the County's replacing the Black Lake Bridge. The vote was unanimously in favor. Motion carried. BID: 1982, 3/4 TON PICKUP FOR THE WATER DEPT. The City Manager explained that the bids were opened this morning on the 1982, 3/4 ton pickup truck for the Water Dept. The bids were as follows: 1. Iten Chevrolet $11,675.O0 2. Rudy Luther's GMC $11,675.00 Since these bids came in exactly the same, they were gone over throughly to see what, if any, differences there were between the two. The one thing that the Water Dept. wanted that was different was the springs in the front. -Iten will supply heavy duty 3800 lbs. and Rudy Luther will supply heavy duty 2250 lbs. The Water Superintendent wants the 3800 lb. springs because a snow plow will be put on the front of the truck. So the recommendation from the City Manager is Iten Chevrolet at $11,675.00. Councilmember Charon moved and Polston seconded the following resolution. RESOLUTION #81-386 RESOLUTION TO ACCEPT THE BID OF ITEN CHEVROLET IN THE AMOUNT OF $11,675.OO FOR THE 1982, 3/4 TON PICKUP TRUCK FOR THE WATER DEPT. The vote was unanimously in favor. Motion carried. UTILITY BODY FOR THE ABOVE PICKUP The City Manager explained that 3 quotations have been received for the utility body for the new pickup truck. They are as follows: 1. MacQueen'Equipment $1,468.OO 2. Truck Utilities $1,481.O0 3. Gar Wood $2,174.00 The recommendation is MacQueen Equipment's bid. Councilmember Swenson moved and Polston seconded the following resolution. RESOLUTION #81-387 RESOLUTION TO ACCEPT THE QUOTATION OF MAC QUEEN EQUIPMENT IN THE AMOUNT OF $1,468.OO FOR THE UTILITY BODY FOR THE NEW PICKUP TRUCK The vote was unanimously in favor. Motion carried. APPOINTMENT OF PLANNING COMMISSION MEMBERS The City Manager explained that there are 3 terms on the Planning Commission that will expire at the end of the year. Russ Peterson would like to continue to serve, Start Mierzejewski was just appointed to serve out an unexpired term and would llke to continue, and Margaret Hanson who has resigned from the 195 December 8, 1981 Commission because of other ¢ommittments. So the only real opening is the position occupied by Margaret Hanson. The Planning Commission has recommended L|z Jensen to replace Margaret Hanson. Councilmember Polston moved and Charon seconded the following resolution. RESOLUIION #81-388 RESOLUTION TO APPOINT THE FOLLOWING PEOPLE TO THE PLANNING COMMISSION FOR TERMS BEGINNING JANUARY 1, 1982 TO DECEMBER 31, 1984: 1, Russell Peterson 2. Stan Mierzejewski 3. Liz Jensen The vote was unanimously in favor. Motion carried. Councilmember Polston suggested that the Council should recognize the contributions of three past members of the Planning Commission: Gerald Smith, Lorraine Jackson and Margaret Hanson. The Mayor suggested that the Council ask these people to a Council Meeting in January for recognition of their service to the community. Councilmember Polston moved and Swenson seconded the following resolution. RESOLUTION #81-389 RESOLUTION TO INVITE THREE PAST PLANNING COMMISSION MEMBERS TO THE JANUARY 5, 1982, COUNCIL MEETING TO RECEIVE RECOGNITION FOR THEIR SERVICES. The vote was unanimously in favor. Motion carried. TAX FORFEITURE LAND PURCHASE - LOT 9~ BLOCK 11~ ARDEN The City Manager explained that the above lot is coming up for tax . forfeiture sale by the County at a cost of $103.OO. This lot is one of two lots that the City doesn't own on Tuxedo Blvd. between the street and the swamp and up the hill from Grimm's Grocery. Since the cost is low, he recommended the purchase of this lot. RESOLUTION #81-390. RESOLUTION TO ACCEPT THE RECOMMENDATION OF THE CITY MANAGER TO PURCHASE LOT 9, BLOCK 11, ARDEN, FROM THE COUNTY FOR $103.OO AS TAX FORFEITURE LAND The vote was unanimously in favor. Motion carried. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT The Mayor asked for any comments or suggestions from the citizens present. Stan Drahos - Asked if the City has an ordinance that says a fence around a pool has to have the good looking side out for the neighbors benefit. The Council said there was nothing in our ordinances, to their knowledge, that regulated this, but that they would have the staff research and get back to him. CLOSING THE DEPOT FOR THE WINTER The City Manager presented and energy study that has been done by the State on the Old Depot Building. This report pointed out that a considerable amount of money would have to be invested in this building to make it energy efficient. The City Manager's suggestion, since we don't have the money to invest, is to close the Depot for the winter months and save the money it costs to heat 196 December 8, 1981 this building and keep it open. Councilmember Swenson suggested renting the building out for 12 months out of the year to anyone who would want to rent it on a permanent basis. Councilmember Ulrick moved and Charon seconded the following resolution. RESOLUTION 81-391 RESOLUTION TO CLOSE THE DEPOT FROM JANUARY 4, 1982 UNTIL MARCH 1, 1982. Discussion followed: Mayor Lindlan said he thought it should be closed until May 1, 1982, because before that date the heat would again have to be turned on. Councilmember Ulrick revised his motion and Charon seconded the revision to read as follows: RESOLUTION TO CLOSE THE DEPOT FOR THE MONTHS OF JANUARY AND FEBRUARY AND KEEP IT CLOSED UNTIL THERE IS A REQUEST FOR USE AFTER MARCH 1, 1982. Councilmember Polston expressed concern about the deterioration of the Depot if it is not heated. The vote was unanimously in favoy. Motion carried. 1982 SANITARY SEWER RATES The City Manager explained to the Council the research he has done so far. With the present rate schedule and the Sewer Fund starting with an $84,000.00 deficit at the beginning of 1981, this fund will be approximately $130,OOO.OO in the'hole by the end of 1981. The Metro Waste Control charges will be increasing approximately $52,O00. in 1982 and will be increased about 259 in 1983. The Manager's rate study so far shows that about 52% of the residences in the City pay $16.60 or less per quarter for sewer. He will be presenting his recommendation for the increase in rates as soon as possible. There was Council discussion on an analysis of Metro's bills, infiltration in the sewer system, and a better system of measuring sewage going into Metro's system. The Council decided to table any action on the sewer rates until the Manager submits his recommendation. 1982 SALARY SCHEDULE FOR CITY EMPLOYEES The CityM~nager explained that this is just a confirmation of salaries for 1982. RESOLUTION #81-392 RESOLUTION TO ACCEPT AND CONFIRM THE SALARIES FOR 1982 The vote was unanimously in favor. Motion carried. 1982 FIRE CONTRACTS AND COST PROPOSALS The City Manager explained how he has worked out the Fire Contract fees with the various Cities we contract with. He is now asking the Council for authorization for the'Mayor and himself to sign these Contracts. CouncilmemberISwenson moved and Polston seconded the following resolution. RESOLUTION #81-393 RESOLUTION TO AUTHORIZE THE MAYOR AND THE CITY MANAGER TO SIGN THE FIRE CONTRACTS WITH THE CITIES INVOLVED The vote was unanimously in favor. Motion carried. / 'o0 1~7 December 8, 1981 Councilmember Swenson thanked the City Manager and the Staff for the detailed report on the Fire Contracts. AREA FIRE SERVICE FUND At the Budget Meeting in September the City Manager suggested creating an Area Fire Service Fund for the Fire Dept. This Fund will be paid into quarterly with the payments of the contract cities. The Fire Dept. will then have better control of their budgeted costs and any reserves left at the end of the year will not go into the General Fund as has been done in the past. The reserves, if any, can be used for improvements in the Fire Department. This will also give the Contract Cities an accurate accounting of the Fire Dept. funds. Councilmember Polston moved and Charon seconded the following resolution. RESOLUTION #81-394 RESOLUTION TO CREATE AN AREA FIRE SERVICE FUND FOR THE FIRE DEPARTMENT The vote was unanimously in favor. Motion carried. TREE REBATES The Tree Inspector has submitted a list of people entitled to diseased tree rebates. Polston moved and Swenson seconded a motion to approve the payment of tree rebates as submitted by the Tree Inspector. The vote was unanimously in favor. Motion carried. PAYMENT OF BILLS Charon moved and Swenson seconded a motion to approve the payment of the bills as presented in the amount of $87,895.81, when funds are available. Roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS M.S.A. MAINTENANCE FUNDS REQUEST The City Manager informed the Council that we must request an'ihcrease in M.S.A Maintenance Funds before December 15, 1981, to be eligible for these funds. Councilmember Ulrick moved"and Charon seconded the following resolution. REsoLUTION #81-395 RESOLUTION REQUESTING AN INCREASE IN M.S.A. MAINTENANCE FUNDS DUE TO INCREASED MAINTENANCE COSTS ON CITY OF MOUND M.S.A. STREETS The vote was unanimously in favor. Motion carried. COMPREHENSIVE PLAN The City Manager informed the Council that the Metro Council had approved the City of Mound's preliminary comprehensive plan on December 3, 1981. The Mayor asked for time to bring up several items. The Council granted permission. TOBY KRAUSE RETIREMENT Toby Krause will be retiring on January 4, 1982, after 28 years of service to the City of Mound. The Mayor asked that the Council 198 December 8, 1981 commend Toby for his years of service. The Council agreed that along with the Commendation they would proclaim January 4, 1982, as Toby Krause Day in the City of Mound. Councilmember Swenson moved and Polston seconded the following resolution. RESOLUTION #81-396 COMMENDATION PROCLAIMING JANUARY 4, 1982, AS JAMES "TOBY" KRAUSE DAY IN THE CITY OF MOUND. The vote was unanimously in favor. Motion carried. DECEMBER 22, 1981, COUNCIL AGENDA AND MEETING The Mayor suggested that the December 22, 1981, Council Agenda be kept to a minimum and that the meeting start at 7:00 P.M. with the idea that it end around 8:30 P.M. Anything not covered at this meeting could be covered at a meeting on December 29, 1981. The Council all agreed with the Mayor's suggestion. JANUARY 9, 1982, PLANNING MEETING The Council should help with th~Agenda for this Special Meeting by contacting the City Manager about items for this Agenda. Councilmember Polston asked to be recognized to bring up the following item. L.M.C.D Councilmember Polston brought up the abolishment of the L.M.C.D. because we have adopted their ordinances, we have our own dock inspector and there are other agencies, less expensive to the City, who could take over the job L.M.C.D. is doing now. Councilmember Swenson stated the only two ways to get out of the L.M.C.D legally are: I. State Legislation 2. 75% of the participating communities want to pull out. Discussion by the Councll included: 1. That the L.M.C.D. is an expensive layer of government that we could do without because Of the overlap in agencies dealing with the same problems. 2. Asking Orv Fenstad, our representative, to a future Council Meeting to discuss the L.M.C.D. 3. Asking our State Representatives to work on abolishing the L.M.C.D. The Council decided toask Orr Fenstad to a future meeting and discuss the L.M.C.D. with him. Swenson moved and Charon seconded a motion to adjourn.at 10:55 P.M. The vote was unanimously in favor. Motion carried. Fran Clark, Secretary Jon Elam, City Manager BILLS .... DEgEI'¢BER 8, 1981 Auto Con Industries 242.00 Automobile Service Co. 208.46 Acro Minnesota 23.76 Air Hydraulic Systems ~1.39 Holly Bostrom 273.18 Frank Blackowiak 24.00 Bryan Rock Products 179.28 Berry Auto & Body 23.35 Robert Cheney 334.00 Conway Fire & Safety 24.89 Continental Telephone 896.98 Dorothy DeLaney 46.35 Diseased Tree Rebates 1,686.O0 Don David Ins. 86.00 Duanes 66 10.50 Judy Fisher 15.00 Fadden Pump Co. 46.62 Fire Engineering 12.95 Genuine Parts 2.75 Henri Co. Treas 1,413.00 Eugene Hickok 682.54 Herb's Typewriter 13.85 Lowell's 7.77 The Laker 97.93 Lakeland Envelope 225.37 City of Minnetrista 369.00 Metro Fire Equip 50.00 Marina Auto Supply 366.94 C.S. McCrossan 329.22 Minnegasco 1,369.72 Mound Hdwe 4.18 Wm Mueller & Sons 1,OO8.66 Minn Comm 28.50 Mound Fire Relief 26,244.26 MBL 660.42 Ron Mann 939.50 City of Minnetrista 6,703.59 Mound Postmaster 300.00 Mound Fire Dept 6,372.71 Navarre Hdwe 271.60 Oswald Fire Hose 12.OO Planning & Development Serv 745.50 Timothy Piepkorn 510.OO Sapir Enterprises 31.40 Howard Simar - 120. O0 City of Spring Park 6,703.59 City of St. Bonifacius 1,218.83 Summerhill Investment 500.00 Nels Schernau 10.23 Stacken Sod 110.00 State Board of Electricity 50.00 Thrifty Snyder Drug 15.16 Thurk Bros. Chev 67.63 Thurk Implement 8.10 Water Products 843.91 Westonka Sanitation 50.00 Waconia Bldg Center 50.00 TOTAL BILLS 62,732.57 LIQUOR BILLS Frank Blackowiak 32.00 City of Mound 24.70 Real One Acquisition 675.00 Regal Window Cleaning 10.75 Johnson Paper 212.25 Bradley Exterminating 19.O0 Kool Kube 185.30 A.J. Ogle, Inc. 2,180.97 Butch's Bar Supply 104.O0 Coca Cola Bottling 178.10 Day Distrib 4,277.85 East Side Bev. 3,751.60 Gold Medal Bev. 233.95 Happy Tyme 170.40 City Club Distrib 2,727.10 Midwest Wine [o. 687.58 The Liquor House 1,812.39 Pepsi Cola/7 Up 260.55 Pogreba Distrib 2,763.55 Thorpe Distrib 4,856.20 TOTAL LIQUOR BILLS 25,163.24 GRAND TOTAL--ALL BILLS 87,895.81 12-18-81 Delinquent Utility Bills (over six Months old) Account # ,~2_~_~.~oo J.~ 22-259-5085-21 22-259-6070-31 -2-_2-262-~n1~-2~ 22-268-5909-41 22-271-2925-71 22-310-2630-91 22-310-2710-91 22-310-3012-91 22-310-3198-61 22-316-2882-31 22 321-3005-01 22-321-3013-41 22-343-2281-21 22-346-5667-21 22-373-5028-11 22-373-5063-81 22-388-5005-71 22-397-2524-11 22-404-4867-61 Amou n t $ 7~. 274 57.64 108.45 66.40 32.30 68.68 69.98 89.o4 60.69 78.93 98.27 68.34 39.90 74.07 118.59 ZONING ORDINANCE (PLEASE BRING COPY FROM THE'NOVEMBER 24TH MEETING) CITY of MOUND 53"-*, MAYV','OOD ROAD MOUND. MINNESOTA 5536,4 (612) 472-1155 December 1~, 1981 TO: CITY COUNCIL FROM: JON ELAM, CITY MANAGER Enclosed are the Minutes of the Park Commission Meeting covering the changes and recommendations they recommend for 1982. It is my recommendation that we adopt their recommendations, since we have corrected any density problems found in 1981. JE:fc CITY of h. IOUND 5341 MAY¥','OOD ROAD MOUND, MINNES©TA 55364 {612) 472-1155 December lq, 1981 TO: Jon Elam, City Hanager FROH: Dock Inspector SUBJECT: Dock Permits 1982 Although the L.H.C.D. has not as yet granted the City of Hound our additional 20 permits for 1982, I feel we will receive their permit for 400 sites. I. have checked out areas on our commons shoreline that have not been utilized for dock sites in the past. I have found enough possible sites to assign the extra 20 docks for 1982. Area 1 - Avalon Park has 160 feet of level shoreline, Class ,,D,,,~'~0'~(~ and will accommodate 8 dock sites. Area 2 - North Beachside has 60 feet of level shoreline, Class "D", and will accommodate 3 docks. --~O/al~~ Area 3 - Wren Access has 40 feet of level shoreline, Clas~ "D", 1 dock site. Area 4 - Centerview Access has enough shoreline, Class "D", to accommodate the 8 remaining sites needed for'our 400 sites. All areas are Class "D", so we are able to assign sites to anyone applying for a permit. Dock site # 43050 behind 4805 Island View Drive Will not be a~signed for 1982. This site, previously on Class "D" area, has become, un- accessible and reclassified as Class "C". The 24 applicants still on our waiting list at the end of the 1981 permit season, could be assigned sites for 82'with our new allotted 400 sites and areas available for use. We are reduclng~the docks at Emerald Channel area ·from five to three for 1982. This area has created problems In the past and doesn't look very attractive with the present five docks. We will have three new docks with the six households involved agreei'ng to share the three docks. All Concerned have accepted this arrangement. Don Rother Dock inspector J -og Z 0 ORONO MOUND ADVISORY PARK COMMISSION MINUT£~ OF November 12, 1981 Present: Hal Larson, Pete Ward, Andy Gearhardt, Lowell Swenson, .Cathy Bailey, Toni Case, Jon Lynott, Jon Elam, Pinky Charon, w|th~Jessen and Burns belng excused, and Staff represented by Chris Bollis, Don Rother. Inasmuch as the November meeting was to deal with the Dock Location Map, the following citizens were present: Frank Ahrens Andrea Ahrens Dan Cook Mark Raske Tom Prokasky Dan Christianson Greg Prokasky Ted Koedoom Delores Maas Jean Baatz Steve & Victoria Bohnkohf Lewis Sacks Jesslca J Ambr6se Walay R. Abel Gene & Greraen Smith Mike Knight Carol Cherry Barbara E Zentz Gene Zentz 4673 Island View Drive ditto 4665 Island View Drive 470~, Island View Drive 4649 Island View Drive 4725 Hanover Road 4649 Island View Drive 4633 Island View Drive 5959 Idlewood Road 5950 Hawthorne Road 4687 4625 47O4 4708 47O5 4711 4711 4720 ditto sland View Drive sland View Drive sland View Drive sland View Drive sland View Drive sland View Drive sland View Drive sland View Drive Hal Larson brought the meeting to order. The first item on the agenda was the approval of the minutes from the October 8th meeting. Motion by Ward seconded by Charon to approve' the minutes as presented, unanimously approved. Dock Location map was presented as second on the a~enda. Rother brought out that there was room for 8 docks on Avalon Commons. A MOTION was made by Larson seconded by Case, "Recommend to Council that Avalon Commons be allowed to accommodate up to 8 dock location sites if L.M.C.D. allows additional dockage." Unanimously approved. South Beachside area was discussed, MOTION by Bailey seconded by Ward, "Recommend that this beach be closed as a boat launching area, there are two launching sites within appx.. 3 blocks of this that are graveled and available to cittzEns." Unanimously approved.'~ There being varied discussion by citizens tx) park members and Rother, question of main- tenance of Common Areas? is this done by the City or who. If the area is abutting a privately owned residence, it is up to the property owner to maintain and keep area clean and free of debris, if the area is identified as a commons area for swimming, launching etc. the City maintains the area. Rother brought out that.the L.M.C.O. ing for approval of additional dock sites in Mound'area would be 11-18-81. In 1981 Mound was allowed 380 sites, in 1982 Mound is requesting 400 sites from the L.M.C.D. 'A MOTION was made by-Elam seconded by Swenson, ~'Recommend to Council to leave areas of dock loca- tion sites on map the same as in 1981 with the'exception of recommendations in previous motions." Unanimously approved.. Elam said this would be brought before Council on the 12-22-81 meeting for approval. Jean Brandt representing the Highland Park Committee gave a presentati.on and resume of what the residents wanted and they were given priority. They sent out 150 questionnaires and.?.2 were returned with 12 items given preference. The City has already given the ~ Committee assurance that two park benches will be placed in the park by the City. . CITY of NIOUND 5341 MAYWO©D ROAD MOUND, MINNESOTA 55364 (612) 472-1~ 55 December 14, 1981 TO: CITY COUNCIL FROM: RE: JON ELAM, CITY MANAGER PARK COMMISSION MEMBERSHIP Three persons are up for appointment to the City of Mound:'Park Commission. They are Lowell Swenson, Andy Gearhart and Kathy Bailey. Mr. Swenson and Mr. Gearhart were both appointed to the Park Commission two months ago to fill out vacant positions. They both wish to be appointed for full three year terms. Ms. Kathy Bailey served as the Vice Chairman of the Commission in 1981 and has serviced for two, three year terms. She would like to serve an additional term. Thus, my recommendations are: !. Mr. Lowell Swenson 2. Mrs. Andy Gearhart 3. Ms. Kathy Bailey We again have two vacancies on the Commission due to two resignations effective January I, 1982, i.e. its' Chair, Mr. Hal Larson and Jon Lynott. I have put a notice in the paper again soliciting interest and hopefully names for consideration. JE:fc Councilmember moved the following resolution. RESOLUTION NO. RESOLUTION CORRECTING DESCRIPTION IN RESOLUTION 81-340 VACATING PART OF A PRIVATE ALLEY (AS DES- CRIBED) AND PETITIONED FOR, PHELPS' ISLAND PARK, FIRST DIVISION, AND RETAINING UTILITY EASEMENTS WHEREAS, WHEREAS, WHEREAS, a typographical error was made in the legal description of Resolu- tion 81-340 and the intent of this resolution is correction of that error.(change Lot 49 to Lot 40) as shown below: Minnesota Statutes, Section 412.851 provides that the City Council may by resolution vacate any street, alley, public grounds, or public way, or any part thereof, when it appears in the interest of the public to do so, and the City of Mound has claimed a street and utility easement over the following described land: o That part of Private Alley as shown on t~e. plat of "Phelps' Island Park, First Division" according to the recorded plat thereof Hennepln County, Minnesota, lying between the north- westerly extension of the northeasterly line of Lot 39 said :' "Phelps' Island Park, First Division" and a line drawn north- westerly from the most westerly corner of Lot 40, said "Phelps' Island Park, First Division" to the most southerly corner of Block 18, "Avalon" according to the'recorded plat thereof, Hennepin County, Minnesota, and a public hearing was held on October 13, 1981, as required by law, and WHEREAS, it has been determined that good area planning requires that this easement be vacated and that it would be in the publlc interest to do so, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: 1. Hereby vacates the street easement over the above described property except that portion retained as set forth in paragraph 2 of this resolution. 2. It is not in the public interest to vacate the utility portion of the easement over this area and it shall be retained by the City. 3. A certified copy of this resolution shall be prepared by the City Clerk and shall be a notice of completion of the proceedings and shall be recorded in the office of the County Recorder and/or the Registrar of Titles as set forth in M.S.A. 412.851. WHEREAS, A motion for the adoption of the foregoing resolution was duly secended 6y Council- member and upon vote being taken thereon; the following voted in favor thereof: the following voted against the same: with the following being absent; , whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the Acting City Clerk. Mayor Atre~t: Ac_~ino Cil-v Clerk 38O October 13, 1981 Councilmember Charon moved the following resolution. RESOLUTION NO. 81-340 RESOLUTION VACATING PART OF A PRIVATE ALLEY (AS DESCRIBED BELOW) AND PETITIONED FOR, PHELPS' ISLAND PARK, FIRST DIVISION, AND RETAINING UTILITY EASEMENTS WHEREAS, Minnesota Statutes, Section 412.851 provides that the City Council may by resolution vacate any street, alley, public grounds, or public way, or any part thereof, when it appears in the interest of the public to do so, and WHEREAS, the City of Mound has claimed a street and utility e~sement over the following described land: That part of Private Alley as shown on ~e. plat of "Phelps' Island Park, First Division" according to the recorded plat thereof Hennepin County, Minnesota, lying between the north- westerly extension of the northeasterly line of Lot 39 said "Phelps' Island Park, First Division" and a 1]~-~d~awn north- westerly from the most westerly corner of Lo~49~~'-~~ "Phelps' Island Park, First Division" to the iTtt~s~ southerly / corner of Block 18, "Avalon" according to the'recorded plat thereof, Hennepin County, Minnesota, and WHEREAS,a public hearing was held on October 13, 1981, as required by law, and WHEREAS, it has been determined that good area planning requires that this easement be vacated and that it would be in the public interest to do so, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: 1. Hereby vacates the street easement over the above described property except that portion retained as set forth in paragraph 2 of this resolution. 2. It is not in the public interest to vacate the utility portion of the easement over this area and it shall be retained by the City. 3. A certified copy of this resolution shall be prepared by the City Clerk and shall be a notice of completion of the proceedings and shall be recorded in the office of the County Recorder and/or the Registrar of Titles as set forth in M.S.A. 412.851. A motion for the adoption of the foregoing resolution was duly seconded by Councilmember Swenson and upon vote being taken thereon; the following voted in favor thereof: Charon, Swenson and Polston; the following voted against the same: none; with the following being absent: Ulrick and Lindlan; whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the Acting City Clerk. AtteSt: Acting City Clerk I 'll CFFY of MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364 (612) 472~1155 TO: City Hanager FROH: Tree Inspector SUBJECT: Rebate The following people have removed diseased trees on their property in full compliance with City and State Laws. Please submit this list to the Council. Chris Bollis Tree Inspector CB/ms Revised 12-21-81 CITY OF MOUND MOUND, MINNESOTA TREE REBATE LIST # 23 NAME Steven Bohnhoff Mrs. G. A. Henke Ron Bischke Dave Loglin Edward Iverson Wayne Burkhalter Ray Kramer George Hill Gary Page Bermel Smaby Realtors Rick Kelly Mrs. C. Edlund Pearl Edlund Frank Niesen ADDRESS 4687 Island View Drive 4594 Denbigh Road 5281 Bartlett Boulevard 1800 Commerce Boulevard 2184 Ashland Road 1904 Shorewood Lane 3133 Alexander Lane 1685 Gull Lane 3072 Island View Drive 18348 Mtka. Blvd., Deephaven MN. 55391 5508 Breezy Road 5657 Grandview Blvd. 5657 Grandview Blvd. 6565 Bartlett Blvd. NO. OF TREES 2 Revised Total TOTAL DBH 20" 36" 57" 52" 50" 33" 68'l 90" 17" 26" 70" 40" 21" ...... i'18" DOLLARS $40.00 72.00 114.00 104.00 1OO.00 66.00 136.OO 180.OO 34.00 52.00 140.00 80.00 l~2.00 236.00 $1,396.00 CITY OF MOUND MOUND, MINNESOTA TREE REBATE LIST # NAME ADDRESS NO. OF TREES TOTAL DBH DOLLARS Steven Bohnhoff 4687 Island View Drive 1 20" $40.00 Mrs. G. A. Henke 4594 Denb|gh Road 1 36" 72.00 Ron Bischke 5281 Bartlett Boulevard 1 57" 114.00 Dave Loglin 1800 Commerce Boulevard 2 52" 104.00 Edward Iverson 2184 Ashland Road 2 50'l lO0.O0 Wayne Burkhalter 1904 Shorewood Lane 2 33" 66.00 R,t~Kramer 3133 Alexander Lane 2 68" 136.00 George Hill 1685 Gull Lane 2 90" 180.00 Gary Page 3072 Island View Drive I 17" 34.00 Bermel Smaby 18348 Mtka. Blvd., Deephaven. 1 26" 52.00 Realtors MN.'55391 Rick Kelly 5508 Breezy Road 2 70" 140.00 1513 HINUTES OF THE MOUND ADVISORY PLANNING COMMISSION MEETING OF December 14, 1981 Present: Chairman Russell Peterson; Commissioners Roy O'Donnell, Margaret Hanson, Michael Vargo, Frank Weiland, Stan Mierzejewski and Gary Paulsen; Council Repre- sentative Gordon Swenson; City Manager Jon Elam; City Building Inspector Jan Bertrand and Secretary Marjorie Stutsman. Jan Bertrand, the new City Inspector, was introduced to the Planning Commission. MINUTES The minutes of the Planning Commission meeting of November 30, 1981 were presented for consideration. Hanson moved and Vargo seconded a motion to approve the minutes of the November 30, 1981 meeting as presented. The vote was unanimously in favor. BOARD OF APPEALS 1. Rezoning Request from R-1 to R-4 for part of Block 1, Minnesota Baptist Summer Assembly Linda Schroeder representing Dunkley Investments (owner of the property) ex- plained that the reason for investigating uses of this site was that the market on the daycare center is not providing the number of students they had anticipated. They have been looking'at various concepts to redevelop this site and came up with the proposed condominiums as one of the most viable uses. Advantages would be control of traffic; the accesses would be limited to two; work with a courtyard and get into broken terracing on lake side; each unit would have a view of the lake. They looked into the number of units they'could comfortably get on the site without a negative impact on the neighborhood. Are looking at having natural berm and the garage area shielding parking area. Three levels and 4 condominiums to each unit--all owner occupied. It would/be a high quality development which would seem to fit in with the neighborhood and make the best use of the site. Jerry Mess- man of Zack Johnson Associates explained the architectural concept for the proposed condominiums; also showed a comparison drawing of the site with 6 single family units. Feels the concept they have come up with would work better than a number of single family homes on this property. Single family sites would require more breaks for access to the street; garages would be on the street; topography lends itself to building into the hillside which probably would not be done as much with the single family home. It was brought out that the tax base for the development would be increased about 145%. Fire Department would have access between buildings in case of a fire. They will need to check with the Watershed on soil erosion, etc. and the L.M.C.D. for the amount of dockage allowed and the use of the lake. Ms. Schroeder commented that they know the concept is not acceptable for straight R-4 zoning; conditional use permit will be needed to build the condominiums; asking for approval of the rezoning as Step 1. O'Donnell moved and Vargo seconded a motion to recommend to the Council that this site be approved for the R-4 zoning and that the Council move toward a public hearing on the change. The vote was: O'Donnell, Vargo, Weiland, Mierzejewski and Peterson in favor; Hanson and Paulsen, against; with Swenson abstaining. Motion carries. Reasons for the nay votes: Paulsen I have a fundamental dis- like for spot zoning; think it should remain in single family zoning. Planning Commission Minutes December 14, 1981 - Page 2 Nanson feels that as a group, the Planning Commission has not put in enough effort and study on this matter; not ready to make a recommendation on whether or not property should be rezoned. Side Yard Variance for Garage at 1673 Canary Lane Lots 6 and 7, Block 5, Dreamwood Applicant could not be present at this meeting and had called asking that this be considered at a January meeting. City Inspector explained that the new garage would have to have a minimum 5 foot separation from the existing detached garage. Talked of asking if the existing garage could be relocated and the proposed new garage be built only 18 feet wide; then a variance would not be required and property would meet the zoning code. Discussed new "Zoning Ordinance" briefly. On Page 42 (Section 1620.7 Subsection 5K4)---add "more than" three (3) stories shall be equipped with at least one public elevator. All in favor of the addi- tion except Paulsen against. Building Inspector would like addition to Section 1716.3 of parking areas for improved circulation plan and easy flow for the Fire Department. Street Right-of-Way Vacation (Part of Lots 20,21,22 & 23, Block 26, Wychwood) Applicant, Duane Schaller was present. City Manager explained that the 30 foot wide strip on these lots was taken when they were tax forfeit for future widening of Brighton Boulevard to MSA standards. Other land on Brighton Boulevard has also been acquired. Mr. Schaller is hoping to have 20 feet of the 30 foot right-of-way vacated and to build a horseshoe drive on these lots with enough area left for a duplex to be built at some future time on Lots 21 and 22. Also would like to acquire City owned Lot 14 and part of Lots 15, 16 and 17 as a future building site which would access off the horseshoe drive from Lot 20. The proposed duplex would have tuckunder garages. Vargo moved and Weiland seconded a motion to recommend the denial of the right-of-way vacation requested. All voted in favor of the denial except O'Donnell. O'Donnell does not think it is feasible to have a 60 foot. MSA street here as too many houses would have to be torn down. The Planning Commission reviewed letter to be sent to Hank Truelsen. It was agreed to change phrase in letter to read, "a rather rustic cabiny looking community". Letter was then signed by Commissioners present. ADJOURNMENT Weiland moved and Hanson seconded a motion to adjourn the meeting. All in favor, so adjourned to .the next meeting which will be January 11, 1981. Attest: REVISED AGENDA FOR THE MOUND ADVISORY PLANNING COMMISSION MEETING OF December 14, 1981 Minutes of the Planning Commission Meeting of November 30, 1981 BOARD OF APPEALS 1. Dunkley Investments - Property Address: 2900 Highland Boulevard That part of Block 1 lying North of a line 22.0 feet North and parallel with the North line of Block 2 and extending from the West line of Block i to the shore of Lake Minnetonka, "Minnesota Baptist Summer Assembly" - Map 11 Rezoning Request from R1 to R4 2. Danny Jensen, 1673 Canary Lane Lots 6 & 7, Block 5, Dreamwood - Map 2 Side Yard Variance for Garage 3. Duane Schaller, 4967 Wilshire ~oulevard Application for Street Right-of-Way Vacation (20' foot wide portion of Lots 20, 21, 22 and 23, Block 26, Wychwood - Part of PID 24-117-24 41 0165 which was taken by the City for street purposes) - Map 12 CITY OF HOUND 5341 Hay,,.,ood Road Hound, HN 553~:~Ji NORTH CITY of ,\ IOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: FROM: SUBJECT: DATE: Planning Commission Members Jan Bertrand, Building Official Rezoning of property known as 2900 Highland Boulevard December 8, 1981 I have reviewed the request of Dunkley Investments and I would recommend denial of their request. To be compatible with the City's plan for develop- ment of this area under consideration, the present zoning calls for single and two family residences. Possibl~, you might consider a land density requirement similar to R 1 or R 2. Thirdly, yod might consider rezoning to a R-3 which would allow townhouse development by a conditional use. See page 35 and also page q (38) of new zoning ordinance. Page 35 Section 1610.3 Conditional Uses Within the R-3 district no structure or land shall be used for the following uses except by conditional use permit: all those uses permitted in Section 1604.3 townhouses Page 4' (38) Dwelling, Townhouse - A building designed exclusively for or occupied exclusively for occupancy by between three (3) and six (6) families living independently of each other. Each dwelling unit is attached horizontally in a linear arrangement with private front and rear entrances. Each dwelling unit must be separated from other dwelling units by a fire wall or walls extending from founda- tion through the roof with no openings. Each dwelling unit shall have a totally exposed front and rear wal to be usedo;for entry, light, and ventilation. // CITY 0F MOUND .APPLICATION FOR REZONING FEE $ Ni~JVlE OF APPLICANT Dunkley Investments 1750 F~rst Bank Place East ADDm~SS Pillsbury Center, 200 S. Sixth St. Minneapolis, Minnesota bb402 LOCATION OF THE PROPERTY TO BE REZONED TELEPHONE 339-1290 Highland Boulevard ihat part ot s]ocK I )ying North of a ~ine 2z.U teet north and LZGaL DESCRIPTION parallel with the north line of Block 2 and extending from the West ltne of Block I to the shore of Lake Minnetonka, ,'Minnesota Baptist Summer Assembly", according to the recorded plat thereof. ZO)IING REQUEST: FROM R1 TO R4 P. EASON FOR REZONING P. EQUEST: insufficient response to current use as a Day Care faci. lity; to provide additional housing, opportunities for the City of Mound. IS THERE A PETITION ATTACHED? YES NO X ~ I~ '~ ~"] Agent for Qwner ~ F ~'~~ .~ ~) ~oress1750 First Bank.,~lace East, Pillsbury Center, 200 S. 6th St. ~ .... ~.~) Minneapolis, Minnesota 55402 Tel. No. 339-1290 C)TY G: E'iOU J:] ~~l~n~~6?~t in Property OWNER State why this rezoning, if granted, would not be contrary to the general purpose and intent of the ordinance to secure public health, safety, general welfare, and substantial justice. T~e rezoning would provide a pemanent :use of the subject property that is conducive to the adjacent land use and requires no major changes in utilities, roadways, traffic.patterns or surrounding areas. Residents and owners of property within 350 feet; Planning Commission Recommendation: Council Action Resolution No. That this site be approved for the R-q zoning. Date December 14, 1981 Date AP. CHITECTURAL COflCEPT/HIGHLAftD BOULEVARD COfIDOHINIUHS ,rchitects / Planners The basic unit design is intended to appeal to the young professional couples and the older couples gen- erally beyond child-raising age. Each unit is planned to have a view of the lake, private outdoor space, and semi-private entrances. The building units will take advantage of the site's topography in order to main- tain a low profile and fit within the existing tree cover. The single family scale architecture was used in efforts to provide maximum neighborhood compatibility. The site's streetscape is intended to be landscaped berms which will screeh the backs of the garages and parking areas from the public right-of-way and adjacent park. The use of smaller scale building components offers a greater opportunity to respond to the site's natural topography and vegetation. By slightly de- pressing the building into the hillside and varying the roof lines, the new construction will better harmonize with the existing architectural character of the neigh- borhood. The building concept was developed to provide the opportunity for passive solar advantages and to utilize the site's topography so as to eliminate the need for elevators. /5/? 'aA'l, A.THOt~AS WURST GERALD T. CARROLL CURTIS A, PEARSON THOMAS F. UNDERWOOD ALBERT FAULCONER ~ JAMES D. LARSON LAW OFFICES WURST, CARROLL & PEARSON MINNEAPOLIS, MINNESOTA 55402 December 15, 1981 TELEPHONE (612) 338-8911 Mr. Jon Elam, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: License Revocation Dear Jon: Pursuant to your direction and the materials supplied to this office, I have prepared a resolution calling for a due process hearing to be held before the City Council on January 12, 1982. I am proposing through this form to consider all the licenses collectively on the presumption that if the Council finds his conduct warrants revocation of one license, the same facts would justify the revocation of all licenses. I have also made provision in the resolution for service of this resolution which is acting~as the statement of charges, and it is my understanding that you will make service upon Mr. Ferris, Mrs. Ferris, and any other persons who are currently operating Mound Lanes. At the conclusion of the hearing, if the Council determines to revoke the licenses, I might suggest that rather than closing him down immediately, a temporary and compassionate provision be contained in the findings which would allow him to operate the business for 30 or 60 days through agents and that said time period could be used by him to sell or transfer the business to some other person who is not tainted and could make application for the same license. If Mr. Ferris has an attorney who will be representing him, it might be advisable to have him contact me prior to the hearing to be sure that any procedures which he believes necessary to protect his client are given reasonable consideration. If you have any questions or comments, please call. CAP:Ih Enclosure Cur t~i s"~~. ' P'ear s on, City Attorney RESOLUTION NO. RESOLUTION PROVIDING FOR A HEARING REGARDING THE REVOCATION OF VARIOUS CITY LICENSES WHEREAS, the City of Mound is a Minnesota municipal corporation deriving its powers from Chapter 412, Minnesota Statutes 1981, and WHEREAS, under the provisions of Section 412.221 of the Minnesota Statutes, the City is authorized to license certain businesses and activities within the co~m~unity, and to provide for the government and good order of the City to suppress vice and immorality, and to protect the health, safety, order, convenience and general welfare of the community, and WHEREAS, the City of Mound has issued the following licenses to Clarence E. Ferris and/or Clarence and Marilyn Ferris and/or Clarence E. Ferris and Marilyn Ferris doing business as Mound Lanes: 1. MN State license #0094 2. MN State license #239 3. Mound license #81-54 4. Mound license #81-71 6. 7. 8. 9. 10. 11. Mound license #81-70 Mound license #81-69 Mound license #81-68 Mound license #81-67 Mound license #81-66 Mound license #81-80 Mound license #81-82 12. Mound license #81-90 13. Mound license #81-17 Food Establishment Set-up Re s t aur ant Pinball/games of sk±ll Clarence E. Clarence and Marilyn Ferris Mound Lanes Mound Lanes Mound Lanes Mound Lanes Mound Lanes Mound Lanes Mound Lanes Eight bowling lanes Mound Lanes On-sale non- Mound Lanes intoxicating malt liquor Off-sale non- Mound Lanes intoxicating malt liquor Cigarette license Mound Lanes, and WHEREAS, on November 5, 1981, Clarence E. Ferris entered a plea of guilty to criminal sexual conduct in the third degree, and WHEREAS, the activities, actions, and course of conduct leading up to this conviction for a felony were conducted and took place at the licensed establishment, i.e., Mound Lanes, and WHEREAS, the criminal history of the licensee is well documented by written and sworn statements contained in the files of the Mound Police Department and are so shocking that it would not be advantageous or beneficial to anyone to repeat or lay out that course of conduct in this resolution, and WHEREAS, many of the ordinances under which licenses have been obtained by Clarence E. Ferris contain ordinance provisions relating to suspension or revocation of the license, and even where the ordinances or statutes under which they are issued are silent, the power to revoke said license is implied as a right of the licensing authority, and WHEREAS, investigation has shown that the licensee is not currently on the premises but rather has other people who are operating the establishment and conducting the business and there has been no application for a transfer of any license, and WHEREAS, Section 32.07, Subd. b, provides that no license shall be granted to any person who has been convicted of a felony. Subd. h provides "All licenses granted under this ordinance shall be issued to the applicant only and shall be issued for the premises described in the application] Such licenses shall not be transferred to another place or person." Subd. j provides "Such licens~ shall be granted only to such persons who are citizens of the United States and only to persons of good moral character." The licensee also holds licenses under Sec. 36 of the Mound City Code which provides in part in Section 36.15, Subd. 6, Subsection 2, that upon existence of any of the following conditions, the applicant is ineligible for a license: "(2) if the applicant, manager, or person owning the licensed activity: (a) is not a person of good moral character and repute; (b) has been convicted of an offense which relates to the conduct of the licensed premises." Section 37.04 of the City Code relating to other licenses provides that no such license shall be issued except to a person of good moral character, and under 37.05, "Every such license may be revoked by the Council for a violation of any provision of this ordinance if the licensee has been given a reasonable notice'and an opportunity to be heard", and WHEREAS, Clarence E. Ferris, dba Mound Lanes, has voluntarily pled guilty to criminal sexual conduct in the third degree as defined in Minnesota Statutes Section 609.344 and has utilized his place of business, Mound Lanes, to perform acts with minors which are repulsive from the standards of this community and by his own admission would delete him from the classification of persons who would be of good repute or of good moral character, and WHEREAS, to protect the interests of the licensee and to provide him with the opportunity to show cause to this Council why said licenses should not be revoked and to provide him with all his constitutional guarantees, it has been recommended to the Council that a public hearing be held where the licensee shall have the opportunity to come forward and give evidence to this Council as to why the licenses should not be revoked, NOW, T~IEREFORE, BE IT RESOLVED By the Mound City Council: 1. Clarence Earl Ferris individually and Clarence E. Ferris and any associates doing business as Mound Lanes shall be advised that he and they may appear before this Council at 7:30 o'clock p.m. on January 12, 1982, to show cause why the ~b~e~stat~d licenses should not be revoked. 2. The City Manager is hereby authorized and directed to serve a copy of this resolution on Clarence E. Ferris and Marilyn Ferris and also on Ron Ferris, son of Clarence E. Ferris, and any other persons who have registered an interest in the licenses described above or in the properties operated as Mound Lanes. All said parties receiving service are advised that they may appear at the above date and time to present evidence to this Council as to why said licenses should not be terminated and revoked. 3. The City Manager is further authorized and directed to have recording equipment available and to tape all proceedings to insure fairness to the licensee. 4. Charges which the City Administrative Staff have prepared against Clarence E. Ferris are essentially as follows: He has utilized his business location in the commission of a felOny. The crimes to which he has confessed guilt show~:that he is not a person of good repute or good moral character. The licenses described above are being utilized on a day to day basis by persons other than the licensee and no application for a transfer has been filed with the City. He has confessed to and been convicted of a felony. His conviction of the offenses charged relate to his conduct on the licensed premises. The above described licenses should be revoked for the protection of the public health, safety, and general welfare as the licensee is guilty of undesireable business practices and improper conduct. 5. In all cases where the City of Mound is the licensee, the City Council proposes to act as a quasi-judicial body to determine that the above facts presented to this body by the administrative staff are true and correct and that the findings that the licenses should be revoked because of the aforestated charges are proper. The licensee is further advised that if he wishes a written transcript of the hearing, he may obtain one upon payment of all c~sts therefor. Anyone having a knowledge concerning the licensee or his course of conduct or wishing to present material evidence concerning the above stated charges may appear before this Council on January 12, 1982, and present such evidence for consideration by the Council. The City Manager or his designated officers are also directed to attend such hearing and to bring with them the files from the Police Department and any and all other relevant evidence which may assist this Council in making a determination as to the revocation of these licenses. Attest: Mayor City Manager BILLS ....... DECEMBER 22, 1981 Auto Con Industries, Inc. AirComm Air Hydraulic Systems F.H. Bathke Berry Auto & Body Coast to Coast Bill Clark Standard Domtar Industries Glenwood Inglewood Eugene Hickok Sheriffs Dept J & R Refrigeration Illies& Sons Island Park Skelly Jones Chemicals L.O.G.I.S. Maple Plain Diesel McCombs-Knutson Mound Postmaster Miracle Recreation Equip Martins Navarre 66 Minnegasco N.S.P. N.W. Bell Office Products Seton Service Spring Park Car Wash Sterne Electric Suburban Tire Uniforms Unlimited Winner Industries Westonka Sanitation Waconia Ridgeview Hospital Water Products Widmer Bros. Xerox Zack's, Inc 347.75 90.00 12~.19 6.90 46.30 169.70 3,619.O6 925.73 32.25 76.O0 5,729.84 45.OO 1,O76.OO 102.OO 249.00 1,506.77 68.4O 5,723.00 145. O0 46.97 72.25 3.50 6,524.31 60.30 186.OO 2.55 39.80 192.36 914.92 577.85 3.26 4,5OO.OO 8. OO 62.20 1,156.OO 545.48 354.27 Diane Arneson 185.O0 ASHRAE Circulation 10.35 Holly Bostrom 17~.25 Fran Clark 20.05 Collins Electric 51,075.04 Document Section 21.75 Diseased Tree Rebates 1,O38.OO Dorothy DeLaney 17.38 Jon Elam 56.24 Gopher Sign 79.02 Hudson Map 11.91 Henn Co. Land 103.00 House of Carpets 615.OO Henn Co. Chiefs PolicePTAC 205.00 Phil Hasch 25.00 Mac-ln-Erny 176.OO M.A.M.A. 14.OO C. S. McCrossan 14,811.58 Metro Waste Control 19,277.27 Mound Postmaster 1OO.OO No. Henn. College 15.OO N.W. Nat'l Bank Mpls 147,848.75 " " " 2,324.50 Lois Sandquist 14.96 U of M 81.OO Unitog 286.05 TOTAL BILLS 273,923.O1