1979-02-13 REGULAR MEETING
OF THE
CITY COUNCIL
February 13, 1979
Pursuant to the due call and notice thereof, a regular meeting of the City
Council of the City of Mound, Hennepin County, Minnesota was held at 5341 May-
wood Road in said City on February 13, 1979 at 7:30 p.m.
Those present were Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Benjamin
Withhart and Robert Polston. Also present were City Attorney Curtis A. Pearson,
City Manager Leonard L. Kopp, Assistant City Engineer Lyle Swanson, City !nspec-
tor Henry Truelsen and Acting City Clerk Marjorie Stutsman.
REHEARING - STREET VACATION OF HANOVER AND DRUMMOND ROADS
The Acting City Clerk presented an affidavit of publication in the official news-
paper of the notice of public hearing on said street vacation and also an affida-
vit of posting of said notice. Said affidavits were then examined, approved and
ordered filed in the office of the City Clerk.
The Mayor then opened the rehearing for public imput on said vacation and persons
present to do so were afforded the opportunity to express their views thereon.
No one responded. The City Attorney explained that at the earlier hearing, only
three members were present and the statute requires a 4/5th vote on a vacation.
The Mayor then closed the public hearing.
Swenson moved and Polston seconded a motion
RESOLUTION 79-61
RESOLUTION TO RATIFY THE VACATION OF HANOVER AND DRUM-
MOND ROADS FROM THE WEST SIDE OF ROXBURY LANE TO THE
EAST SIDE OF MIDDLESEX LANE
The vote was four in favor with Ulrick absent. Motion passed with a 4/5 vote.
Councilmember Ulrick arrived at 7:40 p.m.
PUBLIC HEARING CONTINUED - COMMERCE BOULEVARD IMPROVEMENT
The Mayor opened the hearing for public imput on said improvement and persons
present to do so were afforded the opportunity to express their views thereon.
Joel Essig of Surfside questioned the cost of $51,290.
Assistant City Engineer Lyle Swanson reviewed the project and answered the
question on the total cost. Estimated costs - construction $44,990., engineering,
legal and administrative - $6,300.
The Mayor then closed the public hearing.
Polston moved and Withhart seconded a motion
RESOLUTION 79-62
RESOLUTION TO WAIVE THE READING AND ADOPT THE RESOLUTION
ORDERING THE IMPROVEMENT AND PREPARATION OF PLANS AND
SPECIFICATIONS - COMMERCE BOULEVARD IMPROVEMENT FROM
BARTLETT TO LAKE MINNETONKA (Of the estimated cost,
applicant to pay $44,990.; City to pay $6,300.)
February 13, 1979
The vote was unanimously in favor.
PLANNING COMMISSION RECOMMENDATIONS
Subdivision of Land - Lots 42 and 43, Mound Shores
Withhart moved and Swenson seconded a motion
RESOLUTION 79-63 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO GRANT THE SUBDIVISION AS REQUES-
TED WITH STIPULATION ON PROVIDING REQUIRED OFF
STREET PARKING ON LOT 42
The vote was unanimously in favor.
Side Yard Variance - Lots 4 and 5 and West 1/2 of Lot 3, Block 18, Devon
Withhart moved and Swenson seconded a motion
RESOLUTION 79-64 RESOLUTION TO CONCUR WITH RECOMMENDATION OF THE
PLANNING COMMISSION TO GRANT 1.7 FOOT SIDE YARD
VARIANCE
The vote was unanimously in favor.
Street Front Variance - Lots 22 and 1/2 of 21, Block 3, Shadywood Point
Withhart moved and Polston seconded a motion to reaffirm the resolution concurring
with the recommendation of the Planning Commission approving the 5.3 foot street
front variance.
The vote was unanimously in favor.
Subdivision of Land - Part of Lot 47, Auditor's Subdivision 168
Swenson moved and Polston seconded a motion
RESOLUTION 79-65
RESOLUTION TO CONCUR WITH RECOMMENDATION OF THE
PLANNING COMMISSION AND GRANT SUBDIVISION AS
REQUESTED (Plat 61270 Parcel 5120)
The vote was unanimously in favor.
Registered Land Survey - Part of Lot 26, Auditor's Subdivision 170
Swenson moved and Polston seconded a motion
RESOLUTION 79-66
RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF
THE PLANNING COMMISSION AND APPROVE THE REGIS-
TERED LAND SURVEY FOR TWO LOTS
The vote was unanimously in favor.
PROSECUTING ATTORNEY
Timothy Piepkorn, City Prosecuting Attorney, was present and answered questions
from the Council regarding his experience, workload and costs charged, etc.
23
February 13, 1979
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
Gary Cable, 4921 Drummond Road, requested that Windsor Road from Roxbury Lane
to Dexter Lane be opened.
The Mayor referred this to the Staff to check out and bring back at a later date.
Paul Melchert, Attorney for Dick Thompson, new owner of Mart!n~s Resort ques-
tioned the City about L.M.C.D. dock permit.
Discussed commercial dock in an area zoned for single family residences.
Mobile Home Park and dock are existing non-conforming use. Also discussed signs?
Lovaasen moved and Withhart seconded a motion to refer back to Staff for informa~
tion. The vote was unanimously in favor.
TAX FORFEIT LAND
Easement - Lot 25, Block 6, Woodland Point
Polston moved and Withhart seconded a motion
RESOLUTION 79-67 RESOLUTION AUTHORIZING AND DIRECTING THAT THE MAYOR
AND MANAGER MAKE APPLICATION TO THE STATE FOR A
PORTION OF TAX FORFEIT LOT FOR EASEMENT FOR STREET
PURPOSES - LOT 25, BLOCK 6, WOODLAND POINT
The vote was unanimously in favor.
Tax Forfeit Lots for Park
Withhart moved and Swenson seconded a motion
RESOLUTION 79-68 RESOLUTION AUTHORIZING AND DIRECTING MAYOR AND MANAGER
TO MAKE APPLICATION FOR CONVEYANCE FROM THE STATE FOR
PARK PURPOSES - Lot 5 and South lO Feet of Lots 4 and
22 and Lot 21, Block 28, Seton (Plat 37950 Parcels
4750 and 4905)
The vote was unanimously in favor.
LICENSES AND PERMITS
Taxicab License Renewal
Withhart moved and Swenson seconded a motion
RESOLUTION 79-69 RESOLUTION APPROVING THE RENEWAL OF TAXICAB LICENSES
FOR TOWN TAXI COMPANY (THREE CABS)
The vote was unanimously in favor.
Note: Refer to Staff for ordinance change recommendation increasing insurance
requirements for taxi licenses.
License and Permit Fees
25
February 13, 1979
Polston moved and Withhart seconded a motion to bring license and permit fees
off the table. The vote was unanimously i~ favor.
Council made a collective recommendation as to where levels for the fees should
be and directed Staff to bring back in ordinance form. The proposed fees are as
follows:
duke Box
Billiard/Pool Tables
Game of Skill
Bowling Lanes
Dance Permit (Yr.)
Dance Permit (Per Dance)
Dinner Dance
3.2 Beer Off Sale
3.2 Beer On Sale
Entertainment
Set Up
Restaurant
$10.00 Each
10.00 + $2. for each additional table
25.OO
15.00
200.00
25.OO
No change
25.OO
175.00
5O.OO
200.00
5.OO
GAMBLING ORDINANCE
Withhart moved and Lovaasen seconded a motion to ordain that the following sections,
as amended, be added to the City Code as Ordinance 394.
ORDINANCE 394
AN ORDINANCE AMENDING AND CORRECTING SECTION 43.10
SUBDIVISION 7, SUBSECTION (a) AND SECTION 43.25
SUBDIVISION 2, OF THE CITY CODE RELATING TO GAMBLING
The City of Mound does ordain: ~
Section 43.10. Subdivision 7, Subsection (a) of the City Code is amended to
read as follows:
43.10 Subd. 7 (a) Any gambling device which is activated by the insertion
of a coin, currency or token; or
Section 43.25 Subdivision 2 of the City Code is amended to read as follows:
43.25 Subd. 2. Application Procedure. Application for a license shall be
made upon a form prescribed by the City Manager so as to provide the information
necessary to permit the Council to determine whether to grant or deny a license
application. No person shall make a false representation in an application. The
City Council shall act upon any such application within 180 days from the date of
application, but it shall not issue a license until at least 30 days after the
application has been made.
The vote was unanimously in favor, so ordained.
CONSULTING SERVICES
Ulrick moved and Polston seconded a motion that we contract with Consulting firm
for a maximum of $3,000 to have an in-depth look at our Police Department. ~qq
c~-¥e~e~--~we-4~-~aye~-~we-~e¥-e~.d-..ee',e-e~e~--M~c~'o~-~q~.
Roll call vote was Ulrick in favor, Lovaasen, Swenson and Withhart against and
Polston abstained. Motion failed.
* Correction made by minutes of February 27, 1979.
February 13, 1979
Withhart moved and Polston seconded a motion that the matter be referred to
the Police Committee; date set for February 20th at 7 p,m. The vote was unani~
mously in favor.
PAYMENT OF BILLS
Ulrick moved and Polston seconded a motion to approve the payment of b!lls as
submitted on the prel!st !n the amount of $67,936.25 where'funds are available~
Roll call vote was unanimously in favor,
WATER & SEWER RATE STUDY
The Council set the date of March 20th (.Third Tuesday) beginning at 7 p,m, to
talk to the engineering companies which have submitted quotations for the sewer
and water rate study. City Manager to schedule the interviews.
Discussed:
Proposed use of school space
Mound water system
HUD Committee
Planning Commission workshop progress
METRO HRA SUBCOMMITTEE
Polston moved and Lovaasen seconded a motion
RESOLUTION 79-70 RESOLUTION APPOINTING BEN WITHHART AS A NOMINEE
TO THE METRO HRA SUBCOMMITTEE
The vote was unanimously in favor.
ADJOURNMENT
Ulrick moved and Polston seconded a motion to adjourn to the next regular meeting
on February 27, 1979 at 7:30 p.m. The vote was unanimously in favor, so adjourned.
Leonlard L. Kopp, City Mana~g~r
Marjc~ie StetS'man, Acti'ng City Clerk