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1976-02-10Zl. MINUTES OF THE COUNCIL MEETING OF FEBRUARY 10, 1976 at 7:30 P.M. at the MOUND COUNCIL CHAMBERS I>resent were: Mayor Donald Ulrick, Councilmen Gordon Swenson, Orval Fenstad, Tim Lovaasen and Frank Philbrook; City Manager Leonard L. Kopp and attorney Curtis Pearson. MINUTES The minutes of the meeting of January 27, 1976 were presented for consideration. Fenstad moved and Philbrook seconded a motion to accept the minutes of the meeting of ~lanuary 27, 1976. The vote was unanimously in favor, so carried and accepted. The minutes of the meeting of February 3, 1976 were presented for consideration. Councilman Lovaasen corrected the minutes on page 19 on the Dock Inspector to read: "Give the Dock Inspector the right to make the application for Civil Defense Funds and if funds are received the salary requested will be reviewed at that time." Swenson moved and Philbrook seconded a motion to accept the minutes of the meeting of February 3, 1976 as corrected. The vote was unanimously in favor so carried and accepted. HEARING ON HUD FUNDS City Manager Leonard Kopp outlined the program and grant requirements. representing the Park Commission outlined their recommendations: Bike Hike Paths - $12,000.00 Island Park - drainage Three Points Buildings Completion of Bike Hike Paths on Wilshire and Three Points Blvds. Hal Lar son Jeanette Gellman - drainage in the Highland i)arkpark, shouldbe considered (old Mn. Baptist park) Gary Glasgow stated 1975 money was allocated for: $16,000.00 - Doone Park $7,900.00 - Bike Hike Paths $1, 750.00 - Planning Rep orr an d application Frank Philbrook recommended warming houses for the 1976-77 skating season be included. Tim Lovaasen did not want Hud funds tied up for Warming Houses Orval Fenstad stated that a skating program and facilities for 1976-77 season was a must. Tim Lovaasen suggested that portable buildings be used for warming houses. Ulrick moved and Lovaasen seconded a motion RESOLUTION 76-59 The vote was unanimously in favor RESOLUTION MAKING APPLICATION FOR HUD TITLE I FUNDS FOR: BIKE HIKE PATHS - $12,000.00 ISLAND PARK DEVELOPMENT - $36,300.00 (that would include a lighted skating rink program) COMMITMENT FOR THREE POINTS PARK SKATING PROGRAM 1976-77 SEASON Ulrick moved and Lovaasen seconded a motion RESOLUTION 76-60 RESOLUTION TO ALLOCATE UP TO $1,000.00 TO IMPROVE AND EQUIl~ THE THREE POINTS PARK FOR THE 1976-77 SKATING PROGRAM, SUCH IMPROVEMENTS TO INCLUDE LIGHTING 22. The vote was unanimously in favor. FUNDS TO BE TRANSFERRED SHARING FUNDS. FROM REVENUE PLANNING COMMISSION RECOMMENDATIONS Item I - no action or discussion Item 2 Florimond Robert Corens Lots 10-14, Block 8, Dreamwood Request subdivision of land Mr Corens was not present. Building Inspector, Lovaasen moved and Philrook seconded a motion RESOLUTION 76-61 The vote was unanimously in favor. Hank Truelsen represented him. RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION AND GRANT THE SUBDIVISION WITH THE STIPULATIONS THE PLANNING COMMISSION RECOMMENDED. Item 3 Hussman Investment Company Lots 8 and 9, Block 7, Avalon Request a side yard variance Bud Schlee represented Hussman investment, and stated that the garage was a future construction and he hoped it would not be considered at this time. The Inspector stated that a 12 foot variance would be needed under the present plans. Fenstad moved and Swenson seconded a motion RESOLUTION 76- 62 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND DENY THE APPLICATION FOR A SIDE YARD VARIANCE.. The vote was unanimously in favor. Note: A Hennepin County permit would be needed. Item 4 Fred and Viola Hill Lot 54, Whipple Shores Request subdidvion of land Mrs Hill was present, and presented a recent survey of the property. The attorney stated that in order to make any subdivision a legal discription would be necessary. Ulrick moved and Fenstad seconded a motion to table this matter. unanimously in favor so carried and tabled. The vote was Item 5 Roger P. Dolliff Metes and Bounds discription, Lynwold Park- 2261 Commerce Blvd Reque st parking variance Mr Dolliff was present with diagrams of the parking now available. Lovaasen moved and Ulrick seconded a motion RESOLUTION 76-63 RESOLUTION TO GRANT A VARIANCE OF ONE PARKING SPACE, OTHER PARKING SPACES 23. TO BE SURFACED IN BLACKTOP OR CONCRETE The vote was Swenson Nay and all others Aye, so carried and resolved Item 7 Herbert E. Bischke Lots 1 & 36, Block 15, Arden Request a subdivision of land and a lot size variance Mr Bischke was present with new plans. also be needed with the proposed plans It was noted that a set-back variance would Swenson moved and Lovaasen seconded a motion RESOLUTION 76-64 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND DENY THE SUBDIVISION OF LAND AND THE LOT SIZE VARIANCE. The roll call vote: Fenstad Aye Philbr ook Aye Swenson Aye Lovaasen Aye Ulrick Nay So resolved Item 4 of Planning Commission Agenda l~hilbrook moved and Lovaasen seconded a motion to remove from the table the matter of the subdivision of Lot 54, Whipple Shores. The vote was unanimously in favor, so carried and removed. SUBDIVISON OF LOT 54 WHIPPLE SHORES Philbrook moved and Lovaasen seconded a motion RESOLUTION 76-65 The vote was unanimously in favor RESOLUTION REFERRING THE REQUEST TO SUBDIVIDE LOT 54 WHIPPLE SHORES INTO TWO BUILDING SITES BACK TO THE PLANNING COMMISSION WITH CONDITIONS AND STIFULATIONS TAX FORFEIT LAND Lovaasen moved and Ulrick seconded a motion RESOLUTION 76-66 The vote was unanimously in favor RESOLUTION REQUESTING HENNEPIN COUNTY THAT Lot 4 Block 5, Devon BE PLACED ON THE LIST OF TAX FORFEIT LAND FOR RESALE (Neighbor requests this action to enable him to combine this under-sized lot to his property. ) ORDINANCE AMENDMENT Fenstad moved and Philbrook seconded a motion to ordain the following amendment as Ordinance 346 24. 0 ~ ~ 346 RDINANC~ NO. AN ORDINANCE AMENDING SECTION 39.10 OF THE CITY CODE, RELATING TO DOG LICENSES Ai'~D REGULATIONS REGARDING RABIES VACCINATIONS The City of Mound does ordain: Section 29.10 of the City Code is amended and shall read as follows: 39.10 Securing of Dog License. Each ov~er, keeper, or harborer of a dog shall secure such license as required by Section 39.05 herein.by payment of the appropriate fee therefor to the City Clerk on or before April 30th of each and every year, i~nediately upon obtaining o~ership or possession of any dog or upon establishing residence in the City. All Cogs licensed here- under must have a rabies vaccination within 24 ~6 months of the date of application and the date of said vaccination shall be stated on the application. The clerk shall cause a notice of the necessity of obtaining such license to be published in the official newspaper one time before the first day of April each year. The vote was unanimously in favor. NO PARKING ORDINANCE AMENDMENT Swenson moved and Philbrook seconded a motion to ordain the following amendment as Ordinance 347 ORDINANCE NO. 547 AN ORDINANCE AMENDING SECTION 46.29 (b) SUBSECTION 46 LIMITING PARKING ON EAGLE LANE, FINCH LANE, RIDGEW00D ROAD, DONALD DRIVE AND WOODLAND ROAD EFFECTIVE MAY 1, 1976 The City of Mound does ordain: Section 46.29(b) Subsection ~6 of the City Code is amended to read as follows: ~6. l(o parking on the West side of: (a) Eagle Lane from ~nree Points Boulevard to West' Arm Lake (b Finch Lane from Three P~_nt~ ~ou!evard to ~"~ Ar.,v. La ke (c Rid~lewood Road from Idlewood to Lon~[fellow ..... j o:~, tlc ],[orth side of: \,food]and Road from Gall h~ne to A?,d no r~arkin;: o~'~ the Las% £!de cf: And no ~arkin~ on <he South side of: (a) i{id~ewood Road from Wes%ed~ Boulevard to Lon~fe!lo~.! ~ane 25. The vote was unanimously in favor. CIGARETTE LICENSES Fenstad moved and Swenson seconded a motion RESOLUTION 76-67 The vote was unanimously in favor RESOLUTION APPROVING THE FOLLOWING LICENSES TO SELL CIGARETTES: Mound Lanes Inc Thrifty Drug Tonka Toy s Superamerica Tyras Super Valu R. J. Martin & Son How Dees Grims Grocery Metro 500 Mound Liquor Store American Legion Duane 66 Services Koffee Kup Briarwood, Inc REFUSE COLLECTORS LICENSES Philbrook moved and Swenson seconded a motion RESOLUTION 76-68 RESOLUTION APPROVING THE FOLLOWING LICENSES TO COLLECT REFUSE: Lake Sanitation Blackowiak & Son The vote was unanimously in favor TRANSFERS Fenstad moved and Lovaasen seconded a motion RESOLUTION 76-69 iIESOLUTION AUTHORIZING TRANSFER OF CERTAIN FUNDS The vote was unanimously in favor BILLS A list of bills totaling $179,355.69 was presented for consideration. Fenstad moved and Philbrook seconded a motion to pay these bills where funds are available. The roll call vote was unanimously in favor. DISC USSED: Applications for Commissions Wet Lands Ordinance Petition opposing improvement on Dove Lane Penny Arcades Parking on Manchester Lane NO PARKING Fenstad moved and Swenson seconded a motion BE IT MOVED, by the City Council of the City of Mound that the attorney be directed to prepare an ordinance amendment to abolish parking on Manchester Lane from Devon to Tuxedo. The vote was unanimously in favor Z6. LICENSING ARCADES Ulrick moved and Philbrook seconded a motionto ordain the following ordinance ORDINANCE NO. 348 AN ORDINANCE ADDING SECTION 36.15 TO THE CITY CODE REQUIRING LICENSES FOR ARCADES The City of Mound does ordain: Section 36.15 is hereby added to the Moua%d City Code and shall read as follows: Section 36.!5 Arcade Licenses Subdivision 1. Definitio'.~. iiuz' the ~'aroese of i'xis [ociioP. the ~e~ "arcade" shall mean a~' Dl:llo~n~, ~;~ruciurc {u' ~ ...... .~.~ ~and ~"~'~ er 2v~' - ~hc ~,~o,d~:h..:- of ~'' c.( tho has as its n~.~.al use a::t ]}lklllll'(i, l'.}O!, foosbail, air hocke} ~ z. l! E .; .... Elf " ur ic~.a ,~:) ;,':- r, ther L.:-shar~icai er cleo. .... ~::_c;3~~i~ ',,'l'unO~b i JZ :;% ; [,'ih: t~ a ' ;{:~..~; ~ i-', : F --~ 'C ..... ;~';', ~ .... . . :: ~, .... ..... ::~ ~'urrent license a~ i~.:, i~, Fl'.svid,2.!. .'}.t' ]i~:t..::: ~ ,."'- :, :: .:_ . '..::}_:- t~:i.. sec'Lion :;hall Uc, iz~ aid{~]c::: i,o a;'. _¢iceztso t.,,' .i l,.:,:.n:-,::, ~,,¢:' i:'~d h:; .~; ~ ~ ' ~: for ' '" " ' S::i>di¥ia¢o:~ 5. Application. Any Fcr::sn de:-J:~'in;: I - c,. ::..c arca~e cz' ~o renew his license to conduct such aczi'vity ~:~! i':lu , the clerk air application on forms provided b,y the clerk rot ihaz Tunoo, The application form shall contain %ho fot!owin~ io~ethez with a:-jf information which tho ~anager n~y require: .am~ and address of applicant (2) Address of the proposed arcade (3) The name and address of all persons owning or having an interest in the licensed premises. In %he case o£ a coz'nora- tics this shall include the names and addresses cf the officers and directors of the corporation and ail shareholders who alone or in conjunction with 'their spouse or c]~ildren more than 10~ of the issued shares of cornorate stock. (4) If the licensed business is owned by a corporatiou, a cnn[~ of the certificate of incorporation, articles of incorporati6n and by-laws of the corporation. (5) The ~mme and address of the manager or managers who will super- vise the licensed activity. (6) b%ether any of the persons listed in paraa~raphs (i), (3), or (5) of this subdivision, have been engaged in tl:e Lusiness of operating an arcade in the last five years. (7) '~,mether any of the persons listed in para~aphs (1), (3), or (5) of this subdivifion have been convicted of a crime or have had an application for an arcade license denied, revoked or suspended within the last five years. Subdivision 4. License Fees and License Period. The license si_si_~ be for the calendar year or remainiF,~T portion thereof. The license fc, e shall be ~'1OO.00 for such period. The entire fee shall acccmT~nf' the application and such fee shall be refunded only if the a?plica±{cn ~a withdrawn before council consideration of the applicables. 27. Subdivision 5. Grantin~ of Licenses. All applications for licenses shall be referred to the Chief of Police and to such other persons on the city staff as the city manager shall deem~ ne~e§Sar~ for investigation and recom- mendation. The persons to whom an application has been referred shall make their report and recommendations in writing. (2) Upon receipt of the written reports and recommendations, the city manager shall cause to be published in the official news- paper, at least lO days in advance, a notice of public hearing to be held by the city council setting forth the day, time and place when the hearing will be held, the name of the applica~,t and the location where the business is to be conducted. The application together with the city manager's recommendation shall be submitted to the city council at the hearing. After the hearing the council may grant or deny the license. In g~anting the license, the council may impose special conditions if it deems such conditions to be necessary because of ?arti- cular circ'mmstances related to the spplication. Subdivision 6. lneli(~ibility for license. Existence of any of -the following condition,s shall render the applicant ineligible for a iiccn~:o. (i) tf either the a:::~iicant,, or the m~n,~~e.." .~ of the licensed ~s: (a) under ]S years of afz~ (c) a foreign corporation (2) If the applicant, manager, or persons owning the licensed ac tivity: (a) is not a person of good moral c~racter and reoute (b) has been convicted of an offense which relates to conduct of the licensed business (c) has operated a similar business elsewhere which operation did not substantially comply with the provisions of this section relating to the manner in which the business is conducted. (d) has been denied a license to conduct a like or similar activity or has had such license suspended, revoked er canceled. (3) If the manaEer supervising the licensed activity is not a resident of the City of Mound. The roll call.vote was unanimously in favor ARCADE ORDINANCE Philbrook moved and Lovaasen seconded a motion to refer the Arcade Ordinance to the Youth Commission for study and a report. The vote was unanimously in favor, so carried. SAFETY IMPROVEMENT PROJECT Ulrick moved and Swenson seconded a motion RESOLUTION 76-70 The vote was unanimously in favor RESOLUTION APPROVING THE SAFETY IMPROVE- MENT PROJECT AND DIRECTING THE CITY MANAGER TO NEGOTIATE THE NECESSARY PURCHASE OF LAND BUFFALO BITUMINOUS BILL Swenson moved and Fenstad seconded a motion 28. RESOLUTION 76-70 RESOLUTION AUTHORIZING AND DIRECTING THE PAYMENT OF $34,244. 19 FOR WORK DONE ON BEACHWOOD, THREE POINTS, RIGDEWOOD II, AND DONALD DRIVE PROJECTS The vote was Lovaasen Nay all others aye. Swenson moved and Lovaasen seconded a motion to adjourn until the meeting of February 17, 1976 at 7:30 P.M. The vote was unanimously in favor, so carried and adjourned.