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1976-09-22126 MINUTES OF THE COUNCIL MEETING OF SEPTEMBER 22, 1976 at 7:30 P.M. at the MOUND COUNCIL CHAMBERS Present were: Mayor Donald Ulrick; Councilmen Frank Philbrook, GordonSwenson, Tim Lovaasen and Orval Fenstad; City Manager Leonard Kopp and Fiscal Agent Ernie Clark and Phyllis Slattery of Miller & Schroeder Municipals Inc. BOND SALE - Six bids were opened and the fiscal agents retired to another room to check the figures presented. CBD PARKING ASSESSMENT John Royer represented the businessmen; complimented the city on the excellent job on the parking lots and asked that the assessment on the residentiki be reduced by 50% and this sum to be picked up by the city this year but will be picked, up by the merchants in subsequent years. Swenson moved, and Fenstad seconded a motion RESOLUTION 76-368 RESOLUTION TO CHANGE THE ASSESSMENT ON PLAT 61710 '~;~R~EL 37030 to $362.07 WITH CITY PICKING UP THE $202.24 DIFFERENCE FOR THIS ASSESSMENT YEAR. The vote was unanimously in favor Fenstad moved and Swenson seconded a motion RESOLUTION 76-369 RESOLUTION APPROVING AMENDED ASSESSMENT ,--~ ROLL FOR CENTRAL BUSINESS DISTRICT PARKING A4AINTENANCE ( 8% - 1 year) ; The vote was unanimously in favor BANK LOT TO BE INCLUDED IN CBD PARKING The State Bank of Mound has asked to be included in the CBD Parking Lease for a one or two year lease. Fenstad moved and Philbrook seconded a motion RESOLUTION 76-370 RESOLUTION APPROVING A TWO YEAR LEASE FOR CBD PARKING MAINTENANCE WITH THE STATE BANK OF MOUND - Plat 61250 Parcel 425 The vote was unanimously in favor SPECIAL USE PERMIT Oswin Plug was present, and submitted a access and egress plan for the special Use Permit area. Fenstad moved and Swenson seconded a motion RESOLUTION 76 371 RESOLUTION APPROVING A SPECIAL USE PERMIT TO OPERATE AN AUTOMOBILE REPAIR BUSINESS ON LOTS 5, 18 and 19 and Parts of 15, 17 and 16, Block 1 Shirley Hills Unit A WITH STIPULATIONS The vote was unanimousmly in favor Note: Councilman Fenstad was excused to attend an LMCD Meeting at 8:00 P.M. PUBLIC HEARING ON THE NO PARKING FROM 2 AM to 6 AM No one appeared for the hearing. However several comments were made from the audience all in favor of its passage. Swenson moved and. Lovaasen seconded a motion to ordain the following ordi nance 127 ORDINANCE N0. 353 AN ORDINANCE AMENDING SECTION 46.29 BY ADDING SUBSECTION (d) PROHIBITING PARKING ON ALL CITY STREETS BETWEEN THE HOURS OF 2 A.M. AND 6 A.M. FROM NOVEMBER 15TH TO APRIL 15TH The City of Mound does ordain: Section 46.29 of the City Code is amended by.adding Subsection (d) which shall read as follows: 46.29 (d) 1. No person except a physician on an emergency call, or a person who has obtained a variance in accordance with the provisions of subsection (2) of this ordinance, shall park a motor vehicle on any public street within the City between the hours of 2 A.M. and 6 A.M. from November 15, 1976 to April 15, 1977 and from November 15 to April 15 in each succeeding year. Variances to subsection (1) as above state may be granted by the City Council only in cases where abutting property owners cannot provide off-street parking in accordance with provisdons of Section 23.30 of this code and where other special circumstances exist which are beyond the owner's control, or conditions affect abutting property owners so that a strict application of the provisions of this ordinance deprive the applicant of the reasonable use of his land. The Council may consider such things as, (a) topographic conditions, (b) non-conforming uses where limited public right of way and inability to get vehicles off the public street make it impossible for the owner to provide off-street parking, (c) the effect the Variance will have on public safety and the public welfare. Anyone granted a variance shall be issued a sticker or decal which shall be affixed to the windshield or in the windshield area of the vehicle and clearly visible to the police officers and other City personnel responsible for the enforcement of this ordinance. Any vehicle parked in violation of subsection (1) and not having a decal or sticker issued by the City showing the v~riance shall be deemed to have violated this ordinance. (d) Ail variances shall terminate on April 1 of each year and a new application must be filed for the following year. 3. A violation of any provision of Section 46.29 of the City Code shall consitute a petty misdemeanor. Roll Call Vote Swenson Lovaa sen l~lbr ook Ulrick So ordained Aye Aye Aye - because variance clause had been added Aye BOND SALE IMPROVEMENT BONDS Swenson moved and Lovaasen seconded a motion RESOLUTION 76-372 RESOLUTION APPROVING THE SALE OF $200,000.00 BONDS TO FIRST NATION]AL BANK OF ST. PAUL The vote was unanimously in favor 128 Lovaasen moved and Swenson seconded, a motion RESOLUTION 76-3?3 RESOLUTION APPROVING THE SALE OF 215,000.00 IN GENERAL OBLIGATION BONDS AT 5. 3848 TO THE FIRST NATIONAL BANK OF ST PAUL. The vote was unanimously in favor COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT Oswin Pflug - wants to know how to give a private street to the city and get it maintain ed by the city and blacktopped. John Royer - would like a caution light on the cross-walk on Commerce between the hardware and. the Ben Franklin Philbrook moved and Lovaasen seconded a motion RESOLUTION 76-374 RESOLUTION REQUESTING PERMISSION OF THE COUNTY TO CONSTRUCT AND INSTALL A FLASHING CAUTION LIGHT ON COMMERCE BY THE MOUND HARDWARE AND BEN FRANKLIN STORES. The vote was unanimously in favor Barbara Struth - Dog problems Frank Hancuch - parking Cumberland. ROad -Truck parking Speeding in Mound - could 20 ~ph limit be enforced Swenson moved and Lovaasen seconded a motion to adjourn until the meeting of September 28, 1976 at 7:30 P.M. The vote was unanimously in favor, so carried and adjourned. Attest ~)eonard L. K pp City Manager '~Ba rba ra Heyman // City Clerk ~/