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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