1976-05-11MINUTES OF THE COUNCIL MEETING OF MAY 11, 1976
COUNCIL CHAMBERS
at 7:30 P.M. at the
63
Present were: Mayor Donald Ulrick, Councilmen Tim Lovaasen, Gordon Swenson, Orval
Fenstad and Frank Philbrook; Attorney Curt Pearson and. City Manager Leonard L. Kopp
and. Engineer Wm McCombs.
MINUTES
The minutes of the council meeting of April ZT, 1976 were presented for consideration.
Swenson moved and. Philbrook seconded, a motion to accept the minutes of the meeting
of April 27, 1976 at presented. The vote was unanimously in favor, so carried and
accepted.
The minutes of the council meeting of May 4, 1976 were presented for consideration.
Swenson moved and Lovaasen seconded, a motion to accept the minutes of the council
meeting of the May 4, 1976 as presented. The vote was unanimously in favor, so
carried and accepted.
CRITERIA FOR SPECIAL ASSESSMENT LEVIES
Lovaasen moved and Swenson seconded, a motion
RESOLUTION
76-177
RESOLUTION ESTABLISHING THE CRITERIA FOR
LEVYING SPECIAL ASSESSMENTS FOR STREET
IMPR OVEMEN TS
The vote was unanimously in favor
SHIRLEY HILLS UNIT B CONTINUED HEARING
Wm McCombs outlined the proposed project and stated that the elimination of certain
streets would reduce the cost of the project by approximately $17,940.00 (orginal
estimate $142,400.00).
Speaking were
Ge raid Smith
James Gazette
Kevin Olson
Don Brandenburg
Lew Cornell
Joan Mo s s
Frank Matachek
Mrs Martin Zachow
Franklin Thomas
Alan G,eene
Dick Halvarson
Earl Toberman
Mrs. Jack Young
Mrs. Earl Toberman
Mrs. Knud son
Mrs. James Gazette
Don O1 s on
Mike Mueller
Mrs. Mike Mueller
Bert Larson
Vern Marsh
Merrill Denenny
Gerald Smith
The hearing was closed to the public at 8:45 P.M.
Lovaasen moved and. Fenstad seconded a motion
RESOLUTION
~76 - 178
RESOLUTION ORDERING THE IMPROVEMENT AND
DIRECTING THE ENGINEERS TO PREPARE PLANS
AND SPECIFICATIONS Shirley Hills Unit B
64
The roll call vote was unanimously in favor
BIKE HIKE PATHS CHANGES
McCombs stated that he met with 20 property owners along Wilshire Blvd,
Bike Hike Path and they wanted the path 5 feet from the street and in a straight line.
Fenstad moved and Swenson seconded, a motion
RESOLUTION 76- 179
site of the
RESOLUTION TO CHANGE THE PLACEMENT OF THE
BIKE HIKE PATH ON WILSHIRE FROM BARTLETT
BLVD TO THE WYCH~WOOD BRIDGE FIVE FEET
FROM THE STREET AND IN A STRAIGHT LINE
The vote was unanimously in favor
PLANNING COMMISSION RECOMMENDATIONS
Item 1
No action, no one present to represent requested variance
Item 2
Richard Chulyak
Lot 13, part of Lots 12 and 14,
Request subdivision of land
Block 8, The Highlands
Mr Chulyak was present.
Ulrick moved and Swenson seconded a motion
RESOLUTION
76-180
RESOLUTION WAIVING REQUIREMENTS OF CHAPTER
2Z OF THE CITY CODE REGARDING THE DIVISION
OF PROPERTY - Part of Lot 14, Block 8, The Highlands
The vote was un.animously in favor
Item 2
John M. Hoogesteger
Lots 3, 4, 17 and 18, Block 6, Seton
Request division of land
Mr. Hoogester was present.
Fenstad moved and. Swenson seconded a motion
RESOLUTION 76-181
RESOLUTION WAIVING REQUIREMENTS OF CHAPTER
22 OF THE CITY CODE REGARDING THE DIVISION
OF PROPERTY CONDITIONALLY - Lots 3, 4, 17 & 18,
Block 6, Seton; cabin to be removed; no further variances;
road access to be made one half way into lot 18 (about 60
feet) from Wexford Road and. such acess road be brought
up to city standards, and at least Z0 feet wide.
The vote was unanimously in favor
Item 5
Rodney C. Swenson
Lots 7, 8 and 9 and part of Lot 6,
Request subdivision of land
Block 18, Wychwood
Mr Swenson was present.
Swenson moved and Fenstad seconded, a motion
RESOLUTION 76-182
RESOLUTION WAIVING REQUIREMENTS OF CHAPTER
22 OF THE CITY CODE REGARDING THE DIVISION
OF PROPERTY - Lots 7 - 9 and part of 6, Block 18,
Wychwood
65
Item 6
Gerald C. Laube
Lot 42 and part of 43, Auditor's Subdivision #167
Request Special Use Permit for Appliance S~ales and Repairs
Mr Laube was present
Swenson moved and Ulrick seconded a motion
RES OLU TION
76-183
RESOLUTION TO SET A PUBLIC HEARING ! 'FOR A
SPECIAL USE PERMIT - June 15, 1976 for Lot 42 and
part of 43, Auditor's Subdivision #167 to sell and repair
appliance s
The vote was unanimously in favor
Item 9
Donald R. Prince
Lot 15, Block 14, Devon
Request lot size variance on a non-conforming use
Mr Prince was present.
Swenson moved and Ulrick seconded a motion
RESOLUTION 76-184 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION AND ALLOW A LOT SIZE VARIANCE
Q Lot 15, Block 14, Devon, no other variance to be given
The vote was unanimously in favor
Item 10
Hold no one present
Item 11 and Item 13
No action no one present
Item 12
Thomas S. Phillippi
Lot 13, Block 2, Shadywood Point
Request fmont and side yard variances
Mr. Phillippi was present and stated, that the city staff was in error in stating that the
zoning was A2 (6,000 sq. ft. ) when lot was A-1 zoning (10,000 sq. ft.) Having based
his plans on the 6,000 square foot requirements Lovaasen thought ~i~4~.[ consideration
should be given because of the error.
Swenson moved, and Fenstad seconded a motion
RESOLUTION 76-185 RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION AND ALLOW SIDE 'AND FRONT YARD
, ~ '~ a¢¥ARIANCES Lot 13, Block Z, Shadywood Point
The vote was unanimously in favor
Item 14
Joseph and Connie Szarke
Lot 15, Block 2, Shadywood Point
Request lot size variance on a non-conforming use
Joseph and Connie Szarke were present.
Fenstad moved and Ulrick seconded a motion
RESOLUTION
76-186
RESOLUTION TO CONCUR WITH THE PLANNING
COMMISSION AND GRANT A THREE FOOT SIDE
YARD VARIANCE AND A LOT SIZE VARIANCE
66
Lot 15, Block 2, Shadywood Point
The vote was unanimously in favor
Item 15
Wm J. Hampton
Part of Lot 1 and 2, Block 6,
Request Subdivision of Land
The Highlands
Mr. Hampton was present.
Ulrick moved and Swenson seconded a motion
RESOLUTION 76-187 RESOLUTION' WAIVING REQUIREMENT OF CHAPTER
ZZ OF THE CITY CODE REGARDING THE DIVISION
OF PROPERTY - Part of Lot 1 and 2, Block 6, The
Highlands
The vote was unanimously in favor
Item 16
Gregory Howard.
Lot 20, Brookton
Request front yard variance
Mr Howard was present.
Lovaasen moved and Swenson seconded a motion
RESOLUTION 76-188 RESOLUTION TO q~r3NCUR WITH THE PLANNING
COMMISSION AND GRANT AN EIGHT FOOT FRONT
YARD VARIANCE - Lot 20, Brookton
The vote was unanimously in favor
CONSOLIDATION STUDY
Buzz Sycks and Dr. Joe Glenn appeared before the council to ask them to participate
in a consolidation study with the City of Spring Park, Minnesota
Ulrick moved and Fenstad seconded a motion
RESOLUTION
76-189 RESOLUTION INDICATING INTEREST IN A
CONSOLIDATION STUDY WITH THE CITY OF
SPRING PARK
The vote was unanimously in favor
COMMENTS h~ND SUGGESTIONS BY CITIZENS PRESENT- no one answered the call
DELINQUENT WATER BILLS HEARING
No one appeared
Fenstad moved and Swenson seconded a motion
BE IT MOVED, by the City Council that the staff turn off the water of the unpaid
bills listed according to City Code 64. Z
The vote was unanimously in favor so carried and. directed.
LOVKVIST SURVEY
Ulrick moved and Fenstad seconded a motion
RESOLUTION 76-190
RESOLUTION TO ACCEPT THE SURVEY OF WM
LOVKVIST SUBJECT TO AN UTILITY EASEMENT
OR PARCELS A, B & C - Plat 61223 Parcel 1190
The vote was Lovaasen nay and all others aye
67
BIDS ON HIGH VELOCITY SEWER CLEANER
The Public Works Director recommended the low bid of Flexible Pipe Too.[ Company for
$ 11, ~)80, 00
Philbrook moved and Swenson seconded a motion
RESOLUTION 76-191
RESOLUTION TO ACCEPT THE BIDS ON HIGH
VELOCITY SEWER CLEANERS AND AWARD THE BID
TO FLEXIBLE PIPE TOOL COMPANY FOR $11,980.00
The vote was unanimously in favor
LICENSES FOR MOUND SUPER VALU
George Steven and Richard Cleveland were introduced to the council as the new owners
of the Mound Super Valu.
Fenstad moved and Philbrook seconded a motion
RESOLUTION 76-]92 RESOLUTION TO APPROVE A CIGARETTE AND AN OFF-
DALE 3.2 BEER LICENSE FOR MOUND SUPER VALU
The vote was unan{mously in favor
GAMES OF SKILL LICENSES
Swenson moved and Lovaasen seconded a motion
RESOLUTION 76-193 RESOLUTION APPROVING ONE JUKE BOX AND ONE
GAME OF SKILL LICENSE FOR VFW POST ~5113
The vote was unanimously in favor
PARTIAL VACATION OF EASEMENT
The Stettins were present.
Fenstad moved and Swenson seconded a motion
RESOLUTION 76-194
RESOLUTION SETTING A~PUBLIC HEARING FOR
THE PARTIAL VACATION OF THE SEWER
EASEMENT FOR JUNE 15, 1976 A~[~S LOTS
9 and 10, BLOCK 13, DEVON
Note: Post and Publish but mailed ~otic~e~ will not be necessary
The vote was unanimously in favor
TAX FORFEIT LAND
Swenson moved and Philbrook seconded a motion
RESOLUTION 76-196 'RESOLUTION AUTHORIZING AND DIRECTING
68
APPI,ICATION FOR CONVEYANCE FROM THE STATE
PART O~F LQTS 4. 32. "AND 33. ]5=IgDCK 2. ABRAHAM
LINCOLN ADDITION TO LdkKESIDE PARK FOR DP. AINAGE
PURPOSES
The vote was unanimouStly in favor
Swenson moved and Philbrook seconded a motion
RESOLUTION 76-197'
APPLICATION FOR CONVEYANCE FROM THE STATE
1Z, AVALON'-~POR~-~' W-ETLA~DS: ' ' ~ ~': ~ ~
The vote was unanimously in favor
Fenstad moved and Philbrook seconded a motion
RESOLUTION 76 195 RESOLUTION REQUESTING
RELEASE FOR SALE LOTS
AVALON
THE COLIN TY TO
14 and 15, BLOCK 12,
The vote was unanimously in favor
COMBINATION OF LOTS
Fenstad moved and Lovaasen seconded a motion
BE IT MOVED, by the City Council that they approve the combination of Lot 10 plus
1/2 of vacated street, the south 80 feet of Lot 9 plus
Lot 7 plus 1/2 of vacated street and south 80 feet of Lot 6~plus vacated
street; and combine part of Lot 12 not taken for street, part of Lot 11
not taken for street, that part of Lot 9 lying northerly of the southerly
80 feet and all of Lot 8 and that part of Lot 6 lying northerly of the
southerly 80 feet.
The vote was unanimously in favor
WAIVE RULES ON TIME
Fenstad moved and Lovaasen seconded a motion
BE IT MOVED, by the City Council that the rules on the time of adjournment of the
council meeting be waived to allow the consideration of further business
by the council.
The vote was unanimously in favor
COUNTY ROAD 15
After considerable discussionFenstad movedandSwenson secondeda rmtion
RESOLUTION 76-198 RESOLUTION RECINDING RESOLUTION 76-129
ALLOWING HENNEPIN COUNTY TO INCLUDE
COUNTY ROAD 15 RE ROUTING IN THEIR CURRENT
PLANS
Philbrook abstained all others voted aye
BAD DEBTS
Lovaasen moved and Fenstad seconded a motioni to write off bad debts t0~aling $90'4.56
as uncollectable. The vote was unanimously in favor so carried. Note the attorney
stated that most bad debts are out-lawed in six years.
69
ACTING CITY 'MANAGER
Fenstad moved and Philbrook seconded a motion
RESOLUTION 76- 199 RESOLUTION APPOINTING BARBARA HEYMAN ACTING
CITY MANAGER MAY 12, 13 and 14, 1976
The vote was unanimously in favor
DEFERRED COMPENSATION PLAN
Fenstad moved and Swenson seconded a motion
RESOLUTION 76-200 RESOLUTION APPROVING THE DEFERRED COMPENSA-
TION PLAN FOR THE CITY OF MOUND EMPLOYEES
The vote was unanimously in favor
TRANSFERS
Fenstad moved and Swenson seconded a motion
RESOLUTION 76-201 RESOLUTION AUTHORIZING
CERTAIN FUNDS
The vote was unanimously in favor
THE
TRANSFER OF
BILLS
A list of bills totaling $69,726.01 was presented for consideration. Fenstad moved and
Ulrick seconded a motion to pay these bills where funds are available. The roll call vote
was unanimously in favor.
PLANNING COMMISSION RECOMMENDATIONS
Item 10
Lawrence Signs Inc
Lots 7-20 and Lots 26-35, Shirley Hills Unit F
Requested Sign Variance
No one appeared; but they accepted the Planning Commission recommendations
Philbrook moved and Fenstad seconded the motion
RESOLUTION 76-202
RESOLUTION 76-203
RESOLUTION ~CONCURRING WITH THE PLANNING
COMMISSION TO APPROVE THE SIGN .,VAlgI~lXi. CE
Lots 7-20 and 26-35, Shirley Hills Unit F
The vote was unaimously in favor
TELEPHONE CASE
Fenstad moved and Ulrick seconded a motion
RESOLUTION DIRECTING
AN APPEAL IN DISTRICT
CASE
The vote was unanimously in favor
THE ATTORNEY TO FILE
COURT ON THE TELEPHONE
Fenstad moved, and Swenson seconded a motion to adjourn until the meeting of May 25,
at 7:30 P.M. The vote was unanimously in favor, so carried and adjourned.
Attest:
Leonard L. Kopp, City Manager Barbara Heyman, City Clerk
1976