1977-09-1314a
REGULAR MEETING
OF THE
CITY COUNCIL
September 13, 1977
Pursuant to due call and notice thereof, a regular meeting of the City
Council of the, City of Mound, Hennepin County, Minnesota was held at
5341 Maywood Road in said City on September 13, 1977 at 7:30 p.m.
Those present were: Mayor Tim Lovaasen, Councilmembers Orval Fenstad,
Gordon Swenson, Robert Polston and Benjamin Withhart. Also present
were City Manager Leonard L. Kopp, City Attorney Curtis Pearson and City
Clerk Mary H. Marske.
MINUTES
The minutes of the meeting of September 6, 1977 were presented for con-
sideration. Swenson moved and Withhart seconded a motion to accept the
minutes of the meeting of September 6, 1977 as presented. The vote was
unanimously in favor, so carried and accepted.
PLANNING COMMISSION RECnMMENDATIONS
Fence Height Variance-Lot 9 and Part of Lot 10, Block 3, Pembroke
Fenstad moved and Swenson seconded a motion
RESOLUTION 77-399 PESOLUTION TO CONCUR WITH THE PLANNING
COMMISSICN RECOMI"ENDATION AFPROUIPJG THE
CONSTRUCTION OF A FENCE !JITH THE STIPU-
CATION THAT IT BE WITHIN THE PROPERTY LINE.
The vote was t~hree_in iiavor with Polston and Lovaasen voting nay. So carried.
Side Yard Variance - Lots 6 ~ 7, Block 3, Lakeside Park Crockers 1st Div.
Swenson moved and Fenstad seconded a motion
RESOLUTION 77-400 RESOLUTION TO CONCUR WITH THE PLANNI~JG
COP1M I SS I ON RECOMMENDATION APPROV 1 IJG TILE
SIDE YAP,D VARIANCE AND LOT DIVISION.
The vote was four in favor with Withhart voting nay. So carried.
Subdivision - Lots 17, 18 and 1°, Block 4, Lakeside Park Crockers 1st Div.
Fenstad moved and Withhart seconded a motion
RESOLUTION 77-401 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION RECOMMENDATION APPROVING THE
SUBDIVISON OF LAND AS REQUESTED.
The vote was unanimously in favor.
Special Use Permit - Lots 7-11, Part of 6 and 14-1~, Block 1, Shirley 1ii11s A
Withhart moved and Swenson seconded a motion
RESOLUTION 77-402 RESOLUTION TO COPlCUR 4J I TH THE PLA.NN I NG
COMMISSION RECOMMENDATION P.PPROVING THE
SPECIAL USE AS REQUESTED.
The vote was four in favor with Fenstad temporarily absent. So carried.
Fence Height Variance - Lot 1, Block 2, Highland Shores
4ithhart moved and Fenstad seconded a motion
RESOLUTION 77-403 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION RECOMMENDATION APPROVING THE
1,rAR I ANCE FOR FEIJCE HEIGHT.
The vote was four in favor with Lovaasen voting nay. So carried.
Subdivision of Land - Lots 12,13,14 F part of 15, Block 4, A.L. Crocl:.ers 1st Div..
Fenstad moved and Swenson seconded a motion
RESOLUTION 77-404 RESOLUTION TO CONCUR blITH THE PLANNING
COMMISSION gECOMh;ENDATION APPF.OVING THE
SUBDIVISIOtd.
The vote was unanimously in favor.
149
Side Yard lariance - Lot 23, Block 5, Shadywood Point
Fenstad moved and Polston seconded a motion
RESOLUTION 77-405 RESOLUTION TO CONCUR IJITH THE PLANNING
COMMISSION RECOMMENDATION APPROVING THE
6.2 F00T VALIANCE OW THE N.W. SIDE YARD
AND ALSO A 1.5 FOOT VARIANCE ON THE OTHER
SIDE YARD.
The vote was unanimously in favor.
Street Front and Rear Yard Variance - Lot 56, Aud. Su bd. 168
Swenson moved and 4ithhart seconded a motion
RESOLUTION 77-406 RESOLUTION TO CONCUR ;•JITH THE PLANNING
COM111 SS I ON RECOt1MENDAT10.1 TO DENY THE
VARIANCES REQUESTED.
The vote was unanimously in favor.
Stack Height Variance - Tonka Toys
Fenstad moved and 4ithhart seconded a motion
RESOLUTION 77-407 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION P.ECOMMENDP.TION TO APPROVE
THE STACK HEIGWT VARIANCE.
The vote was unanimously in favor.
Sign Variance - Northwestern Preparatory School, 2900 Highland Boulevard
Swenson moved and Fenstad seconded a motion
RESOLUTION 77-408 PESOLUTION TO CONCUR IJITH THE PLANNING
COMMISSION RECOMME~JDATION TO APPROVE THE
SIGN VARIANCE AS REQUESTED.
The vote was unanimously in favor.
Sign Variance - Lots 2,3,4,5,6,36 C 37, Block 1, Shirley Hills Unit F
Withhart moved and Polston seconded a motion to approve the sign variance
as requested with the stipulation that the sign be reduced in size by 25i.
The motion failed with Swenson, Fenstad, Polston and Lovaasen Voting nay
and Withhart voting aye.
Fenstad moved and Swenson seconded a motion
RESOLUTION 77-410 RESOLUTION TO CONCUP. IJITH THE PLANNING
COMMISSION RECOMMENDATION TO APPROVE THE
SIGN VARIANCE AS REQUESTED.
The vote was four in favor with Iithhart voting nay.
Subdivision of Land - Lots 7-13, Block 16, The Highlands
Fenstad moved and Swenson seconded a motion
RESOLUTION 77-411 RESOLUTION RELATIPJG TO THE SUBDIVISION
(REPLATTING) OF LOTS 7 THROUGH 13, BLOCK
16, THE HIGHLANDS.
The vote was unanimously in favor.
Street Front Variance - Lot 8, Block 7, Shadywood Point
Polston moved and +~Jithhart seconded a motion
RESOLUTION 77-412 RESOLUTIOtJ DENYING THE REQUESTED VARI.AfJCE
ON THE GROU~JDS THAT NO UNDUE HARDSHIP 1JILL
BE SUFFERED BY THE PROPOtJENT.
The vote was unanimously in favor.
150
PRELIMINARY STP,EET REPORT - NORTH ISLAND PARK AREA
Mr. Al Shendel of hicCombs-Knutson appeared before the Council to present
the preliminary report for street improvements in the North Island Park
area..
Polston moved and Withhart seconded a motion
RESOLUTION 77-413 RESOLUTION ACCEPTING THE PRELIMINARY
REPORT FOR STREET IMPROVEMENTS ON iJORTH
ISLAND PARK Ah!D CALL 1 f~iG A PUBL I C HEARING
_ FOR OCTOBER 18, 1977 AT 7:00 P.P1.
The vote was unanimously in favor.
Swenson moved and Polston seconded a motion
RESOLUTION 77-414 RESOLUTION CALLING A SPECIAL PIEETIPJG OF
THE CITY COUNCIL FOR SEPTEMBER 19, 1977
AT 7:30 P.M. FOR THE PURPOSE OF REVIEWING
THE 1978 BUDGET.
The vote was unanimously in favor.
COUNTY ROAD 125 - PLANS AND SPECIFICATIONS
The City Manager briefly summarized the proposed projects to be undertaken
by the Hennepin County Highway Department in the near future.
Withhart moved and Fenstad seconded a motion
RESOLUTION 77-415 RESOLUTION REQUESTIPJG THE HENNEPIN COUNTY
H I GH41AY DEPARTt~'~ENT TO T I ME STAGGER TF'E -
PROPOSED IMPROVEMENTS ON COUNTY ROAD 125
SO AS TO CAUSE LESS INCONVENIENCE FOR THE
RESIDENTS OF MOUND.
The vote was unanimously in favor.
Polston moved and Swenson seconded a motion
RESOLUTION) 77-416 RESOLUTION APPROVING THE PLP,NS AND SPEC-
I F ICAT I ONS FOR I MPROVEME^IT OF COUNJTY P,OAD
125 AS PRESENJTED BY THE HENNEPIN COUNTY
HIGHIJAY DEPARTMENT.
The vote was unanimously in favor.
Withhart moved and Polston seconded a motion
RESOLUTION) 77-417 RESOLUTION AUTHORIZING THE MAYOR AND M.4N.AGER
TO ENTER INJTO A CONSTRUCTION COOPEP,ATIVE
AGREEMENT WITH THE HENNEPIN COUNTY HIGH~r1AY
DEPARTMENT.
The vote was unanimously in favor.
Lovaasen moved and t'lithhart seconded a motion
RESOLUTION 77-418 RESOLUTION RELATING TO PARKING RESTRICTIONS
ON C.S.A.H. 125 FROM ESSEX LAME TO ANJGLESSLY
LANJE I N THE C I TY OF MOUND, M I NNESOTA..
The vote was unanimously in favor .
151
AhIT l -TRUST REFUPJD
gels Schernau, liquor store manager, appeared before the Council to ex-
plain the check from Famous Brands, Inc, in the settlement of an anti-
trust suit.
Fenstad moved and lJithhart seconded a motion
RESOLUTION) 77 - 4tg RESOLUTION) AUTHORIZING ACCEPTANCE OF THE
CHECK FROM FAMOUS BRANDS, INC. INJ THE
AMOUNT OF $529.92 A5 A PAID IN FULL SETTLE-
MENT
Vote was unanimously in favor.
NO PARKINJG - ALDER, PECAN AhJD DRIFTWOOD
Polston moved and 4lithhart seconded a motion to ordain in the following
section be added to the City Code as Ordinance 368
ORD I tJANJCE CJO. 368
ANJ ORD 1 NA'JCE ADD I N•ri SUBSECTIONS 50, 51 AND 52
TO SECTION 46.29 (b) OF THE CITY CODE, RESTRICTING
PARKING ON ALDER ROAD, PECAN LANE AND DRIFTWOOD LANE
The City of Mound does ordain:
Section 46.28 (b) of the City Code is amended to add
Subsections 50, 51~and 52, which shall read as follows:
50. No parking on
Bellaire Lane
no parking on
Bellaire Lane
51. Ndo parking on
from Edgewate
the south side of Alder Road from
easterly to Commerce Boulevard and
the north side of Alder Road from
easterly Z00 feet.
Pecan Lane, both sides of the street,
r Drive, south to Railroad right-of-way.
52. No parking on Driftwood Lane both sides of street
from Bartlett Boulevard south to Seton Lake.
The vote was unanimously in favor, so ordained.
DEFERRED ASSESSMENTS
Withhart moved and Lovaasen seconded a motion
RESOLUTIONI 77-420 RESOLUTION PRO'lIDINJG STANDARDS AfJD
GUIDELINES FOR DEFERRAL OF SPECIAL
ASSESSMENJTS BECAUSE OF HARDSHIP FOR
SENIOR C 1 T I ZErJS
The vote was unanimously in favor.
COt1MENTS AND SUGGEST I OhJS FROM C I T I ZEhIS PRESENT
Mrs. Janet Gellman commended the staff and Council for their devotion
and hard work in attending many long Council meetings.
PAYMENIT OF B ILLS
Swenson moved and Fenstad seconded a motion to approve payment of the
bills as presented on the prelist in the amount of $104,5S1.55 where
funds are available. The vote was unanimously in favor.
COVEP~ THE CLOCK
Fenstad moved and Polston seconded a motion to waive the requirements of
Resolution 77-16 and ignore the time. The motion carried unanimously.
TAX FORFE I T LANJD
The Council briefly reviewed Council Memorandum 77-2~7 regarding additional
tax forfeited land
Lovaasen moved and b!ithhart seconded a motion
152
RESOLUTION 77-421 RESOLUTION AUTHORIZING AND DIRECTING APP-
LI~ATION FOR CONVEYANCE FROM THE STATE
LOTS 40 AND 41, AUDITORS SUBDIVISION 167
FOR GREEN SPACE."
The vote was four in favor with Fenstad voting nay. So carried.
DELINQUENT UTILITY BILLS
Swenson moved and t~Jithhart seconded a motion
RESOLUTION 77-1+22 RESOLUTION PROVIDING FOR A PUBLIC HEA.P,ING
' IN P,EGARD TO DELINQUENT UTILITY BILLS TO
BE HEARD OCTOBER 4, 1977 AT 7:30 P.M.
The vote was unanimously in favor.
CAMBRIDGE LANE - COUNCIL t1EMORANDUM 77-286
The Council discussed the Cambridge Lane street, utility and walkway
easement.
Lovaasen moved and ~nlithhart seconded a motion to table this item pending
further information. The vote was unanimously in favor.
PURCHASE OF PROPERTY - LOTS 18, 19 AND 20, BLOCK 10, ARDEN
Lovaasen moved and Polston seconded a motion
RESOLUTION 77-423 RESOLUTION AUTHORIZING AND DIRECTING THE
CITY ATTORNEY TO PROCEED TO TAKE 41HATEVER
STEPS ARE NECESSARY TO COMPLETE THE PUR-
CHASE TRANSACTIOIJ OF LOTS 18,19 and 20,
BLOCK 10, ARDEN
The vote was unanimously in favor.
Fenstad moved and ~Jithhart seconded a motion to adjourn the Council
meeting. The vote was unanimously in favor, so carried and adjourned.
Mary H. Marske, City Clerk
Leo and L. Kopp, City M n e
i