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1975-07-22MINUTES OF THE
COUNCIL MEETING OF JULY 22,
OFFICES
1975
AT THE MOUND CITY
75
Present were: Mayor Donald Ulrick; Councilmen Tim Lovaasen, Orval Fenstad, Frank
Philbrook and Gordon Swenson; City Manager Leonard Kopp and City Attorney Curtis
Pe ar s on.
MINUT ES
The minutes of the July 8, 1975 meeting were presented for consideration. Philbrook
moved and Swenson seconded a motion to accept the minutes of July 8, 1975 as presented.
The vote was unanimously in favor, so accepted.
AMENDING COUNCIL RULES
Swenson moved and Lovaasen seconded a motion
RESOLUTION 75-276 RESOLUTION AMENDING RESOLUTION ESTABLISHING
MEETING DATE AND ADOPTING RULES OF
PROCEDURE TO PROVIDE FOR ADJOURNING AT
11:30 P. M.
The vote was unanimously in favor
PLANNING _~ND PARK COMMISSIONS RECOMMENDATION
M. C. Mouritsen, Jr.
6049 Ridgewood Road Lots 22 and 23, Block 6, Highlands
Mound, Mn. 55364
Request fence height variance
Swenson moved and Philbrook seconded a motion
RESOLUTION 75-277 RESOLUTION DENYING FENCE VARIANCE (Lots
2Z and 23, Block 6, The Highlands)
The vote was unanimously in favor
CITY PROPERTY IN WYCHWOOD
Philbrook moved and Lovaasen seconded a motion to table the matter of the title of Lot
17, Block 21, Wychwood for which a deed has not been filed. The vote was Swenson
Nay and all others Aye. So carried
THREE POINTS PARK
The staff will take care of most of the recommendations of the Park Commission and
the staff will notify the council when the Park Commission sets up a neighborhood
meeting about the Three Points Park so they may attend.
THAMES PLACE DOCK
After considerable discussion Lovaasen moved and Swenson seconded a motion to table
this matter. The vote was unanimously in favor.
THE BLUFF'S DRIVEWAY CHANGES
Public Works Direct Robert Miner outlined the proposed changes in the driveways at
The Bluff's and recommendated these changes.
Swenson moved and Fenstad seconded a motion
RESOLUTION 75-278
RESOLUTION APPROVING CHANGE OF DRIVEWAY
APPROACH TO LOTS 4, 5 and 6 of BLOCK 1 OF
HALSTEAD CREST SUBDIVISION (Also known as
the Bluff's)
76
The vote was unanimously in favor.
BOAT RACES ON COOK'S BAY
Butch Essig, representing the Westonka Chamber of Commerce and Bob Penny of the
NW Power Boat Assn appeared before the council in support of their request to hold a
Water Festival on Lake Minnetonka August 22, 23 and 24th which would include boat
races, Ski Diving and a Water Ski Show among the attractions they propose to offer.
Swenson moved and Philbrook seconded a motion
RESOLUTION 75-279
RESOLUTION DIRECTING THE STAFF TO PREPARE
AN AMENDMENT TO THE ORDINANCE TO PROVIDE
FOR THE ISSUING. OF PERMITS ~FOR SUCH EVENTS.
The vote was unanimously in favor
Swenso.n moved and Philbrook seconded a motion
RESOLUTION 75-280
RESOLUTION CONDONING A BOAT PARADE, A
WATER SKI SHOW AND SKI DIVING EVENTS AT
THE WATER FESTIVAL ON AUGUST 24, 1975,
SPONSORED BY THE WESTONKA CHAMBER OF
COMMERCE ON COOK'S BAY.
The vote was unanimously in favor
ASSESSMENTS ROLL FOR 1974 PROJECTS
Greg Frank outlined the projects and the costs of the projects for
Fenstad moved and Ulrick seconded a motion
RESOLUTION 75-281
The vote was unanimously in favor
1974 projects.
RESOLUTION DECLARING COST TO BE ASSESSED
AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT (Project 74-46 Eden Road Street
Irnprovement)
Fenstad moved and Ulrick seconded a motion
RESOLUTION 75-282
The vote was unanimously in favor
RESOLUTION DECLARING COST TO BE ASSESSED
AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT (Project 74-44 Cypress Lane and
Maywood Road Street Imorovement)
Fenstad moved and Ulrick seconded a motion
RESOLUTION 75-283
The vote was unanimously in favor
RESOLUTION DECLARING COST TO BE ASSESSED
AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT (Project 73-41 Ridgewood Road Street
Improvement)
Fenstad moved and Ulrick seconded a motion
RESOLUTION 75-284
RESOLUTION DECLARING COST TO BE ASSESSED
.A~ID ORDERING PREPARATION OF PROPOSED
The vote was unanimously :in favor
ASSESSMENT (Project 73-42 Arbor Lane Street
Improvement )
77
Fenstad moved and Ulrick seconded a motion
RESOLTION 75-285 RESOLUTION DECLARING COST TO BE ASSESSED
AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT (Project 74-48 Denbigh Road Water-
main Extension)
The vote was unanimously in favor
ESTABLISHING HEARING DATES FOR ASSESSMENT HEARINGS
Swenson moved and Philbrook seconded a motion
RESOLUTION 75-286 RESOLUTION FOR HEARING ON PROPOSED
ASSESSMENTS (Projects 74-46 Eden Road Street
Improvement, 74-44 Cypress Lane and Maywood Road
Street ImFrovement) August 26, 1975
The vote was unanimously in favor
Fenstad moved and Philbrook seconded a motion
RESOLUTION 75-287 RESOLUTION FOR HEARING ON PROPOSED ASSESS-
MENTS (Projects 73-41 Ridgewood Road Street Improve-
ment; 73-42 Arbor Lane Street Improvement; 74-48
Denbigh Road Watermain Extension ) Sept. 9, 1975
The vote was unanimously in favor
SCHOOL STORM SEWER
Swenson moved and Lovaasen seconded a motion
RESOLUTION 75-288 RESOLUTION DECLARING COST TO BE ASSESSED
AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT (Project 74-45 Bellaire Lane and Elm
Road Storm Sewer) also known as School Storm Sewer
The vote was unanimously in favor
SCHOOL STORM SEWER
Swenson moved and Lovaasen seconded a motion
RESOLUTION 75-289 RESOLUTION FOR HEARING ON PROPOSED
ASSESSMENT (Project 74-45 Bellaire Lane and Elm
Road Storm Sewer) also known as School Storm Sewer
- Sept. 9, 1975
The vote was unanimously in favor
CBD PARKING MAINTENANCE HEARING
Swenson moved and Philbrook seconded a motion
RESOLUTION 75-290 RESOLUTION DECLARING COST TO BE ASSESSED
AND ORDERING PREPARATION OF PROPOSED
ASSESSMENT (Project CBD 1975 Maintenance
Assessment)
The vote was unanimously in favor
78
SET HEARING ON CBD MAINTENANCE
Swenson moved and Philbrook seconded a motion
RESOLUTION 75-291 RESOLUTION FOR HEARING ON PROPOSED
ASSESSMENT (1975 CBD Maintenance I Aug. 26,
The vote was unanimously in favor
1975
RIDGEWOOD AND JONES BIDS
Ulrick moved and Fenstad seconded a motion
RESOLUTION 75-292 RESOLUTION APPROVING PLANS AND SPECIFICA-
TIONS, COMBINING PROJECTS FOR BIDDING AND
ORDERING ADVERTISEMENT FOR BIDS (Project
74-52 Ridgewood Road - Dickens to Longfellow; Project
75-57 Jones Lane; Construction Improvement No.75-2.
The vote was unanimously in favor
WATERMAIN ON LONGFELLOW
Bob Miner outlined the problem and estimated cost of project to make the watermain
six inches instead of a length four inch pipe between two six inch pipes. Richard
Ferron of Northern Contracting hats offered the labor of a man and machine to do the
work for free, the city would buy the pipe.
Fenstad moved and Swenson seconded a motion
RESOLUTION 75-293
LANE AND 450 FEET WEST,
EXCEED $5,000.00
and
ACCEPTING BID OF WIDMER
PIPE
The vote was unanimously in favor
RESOLUTION DIRECTING STREET IMPROVEMENT
TO INSTALL A NEW WATERMAIN TO REPLACE
OLD LINE ON RIDGEWOOD ROAD FROM LONGFELLOW
AT A COST NOT TO
BROS FOR SIX INCH
APARTMENTS FOR THE ELDERLY
Fenstad moved and Lovaasen seconded a motion to table the mat-get of Apartments for
the elderly. The vote was unanimously in favor, so carried and tabled.
DINNER DANCE ORDINANCE
Butch Essig and Donald LeSage were present.
Swenson moved and Fenstad seconded a motion to ordain the following ordinance #338
ORDINANCE NO. 338
AN ORDINANCE ADDING SECTIONS 38.]0 TO
38.109 TO THE CITY CODE REGULATING DINNER
DAN C IN G
T~e City Council of the City of Mound Ordains:
Section 38.10. Polic~. It is the intent and purpose of
this ordinance to es'~ablisb regulatory procedures to prevent the use
of trickery, artifice, device, subterfuge or evasion to circumvent
the declared oolicy of the State of Minnesota and this ordinance for
the preservation of health, safety and reoose of the oubl!c during
the conduct of dinner dancing incidental to food services provided
by establishments licensed under the State Intoxicating Liquor Act.
Section 38.101. Dinner Dancing Defined. The term "dinner
dancing" shall mean dancing conducted or allotted only in the primary
dining areas of and incidental to food services providod ~_n s~ch areas
by establishments which (1) hold on-sale liquor licenses issued pur-
suant to the Minnesota Intoxicating Liquor Act and pursuant to Section
Il.g0 of the City CoNe, and (2) customarily and regularly serve food
in their primary dining areas to patrons. The primary dinin~ areas
of such establishments must contain dinir.g tables and chairs sufficient
to accommodate at least thirty patrons at any one time.
Section 38.102. Separability. Every section, provision or
part of this ordinance is declared separable ?ro~ ever7 other s~ction,
provision or part; and if Shy section, provision or osrt shall be in-
vel'dated, this shall not ~ffect any other section, provision or part.
Section 38.103. Dance Permits Required. No dinner dance
shall be held or conducted without ~'irst having obtained a dinner dance
permit approved by the City Council. Any person desiring to conduct
both dinner dances and public dances or public dancing as defined and
regulated bw Sections 38.1~ to 38.29A inclusive, must obtain a permit
for each as provided by the applicable ordinance. Each applicant who
applies for a dinner dance permit, shall designate b)~ name, each room
in which dinner dancing will be conducted.
Section 38.10h. Hours. No dinner dance shall be held or
conducted, nor shall any such dancing be allowed, in any place of
business in the City except between the hours of 8:00 o'clock p.m. and
12:30 o'clock a.m. except Sunday on which the bouts shall be between
8:00 o'clock p.m. and 11:30 o'clock p.m.
Section 38.105 Regulations Reaarding Entrance Prohibitions,
Obscenity and Propriety~ Clamorous Noises~ Public Health ~D~ ~afety,
Lighting and Parking. The standards and regulations set forth in
Sections 38.23, 3~.24, 38.2~, 3~.26, 38.27 and 38.28 for public dances
and relating to entrance prohibition, obscenity and profanity, clamorous
noises, public health and safety, lighting ~nd parking shall apply to
all persons holding a dinner dance permit issued under this ordinance.
Section 38.106. Permits. Any person, firm or or=anization
desiring s permit hereunder shsll ~ake and file an spplication with
the City Clerk on official forms provided by the City Clerk, on or be-
fore May 1 of each year or st other times by consent of the City Council.
Any person, firm or organizstion desiring to renew s permit shall make
and file such sn application on or before 60 days prior to the expira-
tion date of such permit. All yesrl~ permits shall expire at ~idni~bt
on the 30th day of June of each year. All monthly 0ermits shall expire
at midnight on the last day of the month for w~ich the permit was issued.
New yearly permits shall be issued by the City Co,mcil on July let of
each year and at other times at the discretion of t~:e City Council.
Section 38.!07. Permit Fees. The annual permit fee for
dinner dance permits shall be"$'7~O, i'he City Council may iss~e a
monthly permit and ti~e fee for s month shall be $100. When any 0ermit
is issued for an unexpired oo.rtion of a permit year, the fee shall be
0to rated and a recei0t from the City Treasurer for the portion of the
permit fee due shall accompany the application provided tbe minimum
thereof shall be $300.00. All fees shall be paid before an annual or
monthly permit is fs~ued.
Section 32.1~. Police Officer not Resulted Except by
Resolution. The attendance of a police officer shall not be required
st a dinner dance or on the ore~ises where dinner d~ncing is being
conducted unless the City Cooncil shall so order at the time the permit
is issued or after notice and hearing as required by City Council in a
resolution set forth by said Conncil.
8O
Section 38.109. Obligations Due the City. No oermit shall
be granted for a dinner dance or for dinner dancing to be condncted in
any building within t~e City for which taxes, soecial assessments or
other financial claims of the City are delinquent and unpaid.
day of
ADOPTED BY
July
CITY COUNC~ O~ THE CITY OF ,~,ObhD this 22nd
"t / '
,, , ,
Mayor
The roll call vote was unanimously in favor
COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT
No one answered the call.
BIDS ON FIRE TRUCK TANK
Fenstad moved and Ulrick seconded a motion
RESOLUTION 75-294 RESOLUTION RECEIVING BIDS AND ACCEPTING
BID OF Al{ROW TANK & ENGINEERING COMPANY
FOR WATER TANK FOR FIRE TRUCK
The vote was unanimously in favor
TWO HOUR PARKING ON EDEN ROAD
Fenstad moved and Swenson seconded a motion to ordain the following ordinance #339
ORDINANCE NO. 339
AN ORDINANCE ADDING SUB SECTION 8 TO SECTION 46.29
(c) PROHIBITING PARKING ON EDEN ROAD.
MOUND CODE OF ORDINANCES
The City of Mound does ordain:
Section h6.29 (c) of the City Code is amended to add
Subsection 8 which shsll read as follows:
8. Two-hour parking from 6:00 A.M, to 6:00 P.M.
except Sunday snd holidays ou both sides of
Eden Road from Wilshire Blvd. to Hidden Vale
Lane.
Roll Call Vote
Fenstad
Ph ilb r o ok
Swen s on
Lovaasen
Ulrick
So ordained
Nay - need for full parking plan for the entire city first
Aye
Nay - inconsistent without parking plan
Aye
81
HUD FUNDS
Fenstad moved and Lovaasen seconded a motion
RESOLUTION 75-295 RESOLUTION OKDERING IMPi~OVEMENTS AND
PREPARATION OF PLANS (Doone Park Drainage)
The vote was unanimously in favor
BIKE HIKE PATHS
Lovaasen moved and Swenson seconded a motion
RESOLUTION 75-296 RESOLUTION ORDERING IMPROVEMENT AND
PREPARATION OF PLANS (Bike Hike Path from
Wychwood Bridge Eastward on County Road #125)
The vote was unanimously in favor
USED POLICE CAR
Swenson moved and Lovaasen seconded a motion
RESOLUTION 75-297 RESOLUTION DIRECTING HOLDING OUT ONE
POLICE CAR FROM AUCTION FOR THE USE
OF CITY OFFICE PERSONNEL
The vote was unanimously in favor
TRANSFERS
Swenson moved and Fenstad seconded a motion
RESOLUTION 75-298 RESOLUTION AUTHORIZING TRANSFER
The vote was unanimously in favor
OF FUNDS
BILLS
Bills totaling $16,0'~0.49 were presented for consideration. Fenstad moved and
Philbrook seconded a motion to pay the bills where funds are available. The roll
call vote was Swenson abstaining and all others in favor.
Discussedfor:
Use CETA Funds
Philbrook wants soneone to work in recreation
Waterbank Commons - temporary r e straining or der
Youth Liason officer
Storm Drainage in Three Points - Jennings, Eagle and Finch
Not enough signatures on petition
SUSPEND RULES
Fenstad moved and Ulrick seconded a motion to suspend the rules on adjournment at
11:30 P. M.
Roll Call vote
Swen s on Nay
82
Lovaas en Nay
Fenstad Aye
l°hilb rook Nay
Ulrick Aye
Motion £ailed
Ulrick moved and Swenson seconded a motion to adjourn.
favor, so carried and adjourned.
The vote was unanimously in
city Manager
Barbara Heymafl, Ci~ Clerk