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1978-01-10January 10, 1978 001 REGULAR MEETING OF THE CITY COUNCIL Pursuant to due call and notice thereof, a regular meeting of the Oity Coun- cil of the City of Mound, Hennepin County, Minnesota was held at 5341 May- wood Road in said City on January 10, 1978 at 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Orval Fenstad, Robert Polston and Benjamin Withhart. Also present were the City Manager Leonard L. Kopp, Assistant City Attorney James Larson and City Clerk Mary H. Marske. COMMENDATION - LOUIS OBERDECK Lovaasen moved and Withhart seconded a motion RESOLUTION 78-1 RESOLUTION COMMENDING LOUIS OBERDECK The vote was unanimously in favor COMMENDATION - FRANK WEILAND Lovaasen moved and Withhart seconded a motion RESOLUTION 78-2 RESOLUTION COMMENDING FRANK WEILAND The vote was unanimously in favor MINUTES The minutes of the meeting of December 20,1977 were presented for considera- tion. Swenson moved and Polston seconded a motion to accept the minutes of the Council meeting of December 20, 1977 as presented. The vote was unani- mously in favor. PLANNING COMMISSION RECOMMENDATIONS Rezoning - Lot 54, Whipple Shores Swenson moved and Polston seconded a motion RESOLUTION 78-3 RESOLUTION ORDERING PUBLIC HEARING ON PROPOSED AMENDMENT OF CHAPTER 23, MOUND CODE OF ORDINANCES ENTITLED "ZONING" (PART OF PARCEL 5700 PLAT 37990) FOR FEBRUARY 7, 1978 AT 7:30 P.M. The vote was unanimously in favor. Variance - Rear Yard - Front Yard - Lots 9, 10 & Part of 8, Block 22, Seton Fenstad moved and Swenson seconded a motion RESOLUTION 78-4 The vote was unanimously in favor. RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO GRANT THE VARIANCE AS RE- QUESTED 002 January 10, 1978 PLANNING COMMISSION RECOMENDATIONS (Cont.) Variance - Street Front - Lot 3 & Part of Lot 4, Block 13, Shadywood Point Polston moved and Swenson seconded a motion RESOLUTION 78-5 RESOLUTION TO CONCUR WITH THE PLANNING COM- MISSION RECOMENDATION TO GRANT THE VARIANCE AS REQUESTED. The vote was unanimously in favor. Variance Street Front - Lot 92 - Mound Shores Fenstad moved and Polston seconded a motion RESOLUTION 78-6 RESOLUTION TO CONCUR WITH THE PLANNING COM- MISSION RECOMMENDATION STIPULATING A 4 FOOT SIDEYARD SET BACK FOR THE GARAGE. The vote was unanimously in favor. Planned Area Development Ordinance Swenson moved and Fenstad seconded a motion RESOLUTION 78-7 The vote was unanimously in favor. RESOLUTION PROVIDING FOR A PUBLIC HEARING ON THE PROPOSED PLANNED AREA DEVELOPMENT ORDIN- ANCE TO BE HELD JANUARY 31, 1978 AT 7:30 P.M. ORGANIZATION MEETING Withhart moved and Swenson seconded a motion RESOLUTION 78-8 RESOLUTION DESIGNATING GORDON SWENSON AS ACT- ING MAYOR FOR 1978 Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, Withhart, Lovaasen and Fenstad and the following abstained from voting: Swenson, whereupon said resolution was declared passed and adopted. Polston moved and Swenson seconded a motion RESOLUTION 78-9 RESOLUTION AUTHORIZING THE MAYOR, THE CITY MAN- AGER, THE CITY CLERK/TREASURER AND THE ACTING MAYOR TO SIGN CHECKS Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, Withhart, Lovaasen, Fenstad and Swenson and the following voted against the same; none, whereupon said resolution was declared passed and adopted. Withhart moved and Swenson seconded a motion RESOLUTION 78-10 RESOLUTION APPOINTING DR. KENNETH ROMNESS AND DR. CHARLES V. CARLSON AS CITY HEALTH OFFICERS FOR 1978. January 10, 1978 003 0RGANIZATI'0N MEETING:(COh~) Upon roll call vote being taken thereon, the following voted Tn favor there- of: Polston, Withhart, Lovaasen, Fenstad and Swenson and the following voted against the same: none, whereupon said resolution was declared passed and adopted. Fenstad moved and Swenson seconded a motion RESOLUTION 78~11 RESOLUTION NAMING THE LAKER AS THE OFFICIAL NEWSPAPER FOR THE YEAR 1978. Upon roll call vote being taken thereon, the following voted in favor there- of: Polston, Withhart, Lovaasen, Fenstad and Swenson and the following voted against the same~ none, whereupon said resolution was declared passed and adopted. Fenstad moved and Withhart seconded a motion RESOLUTION 78-12 RESOLUTION DESIGNATING OFFICIAL DEPOSITORIES FOR CITY FUNDS AND REQUIRING APPROPRIATE SECURITY THEREOF. Upon roll call vote being taken thereon, the following voted in favor there- of: Polston, Withhart, Lovaasen, Fenstad and Swenson and the following voted against the same: none, whereupon said resolution was declared passed and adopted. Swenson moved and Withhart seconded a motion RESOLUTION 78-13 RESOLUTION DIRECTING THE MAYOR AND CITY CLERK/TREASURER TO INSPECT THE DEPOSITORY COLLATERAL Upon roll call vote being taken thereon, the following voted in favor there- of: Polston, Withhart, Lovaasen, Fenstad and Swenson and the following voted against the same: none, whereupon said resolution was declared passed and adopted. Withhart moved and Swenson seconded a motion to hold a special meeting on January 18, 1978 at 7:30 p.m. to interview all persons interested in serving on any of the advisory commissions. The vote was unanimously in favor. Withhart moved and Fenstad seconded a motion to extend the term of office of all those persons whose terms expire on December 31, 1977 for one month to expire January 31, 1978. The vote was unanimously in favor. Polston moved and Withhart seconded a motion RESOLUTION 78-14 RESOLUTION NAMING GORDON SWENSON AS COUNCIL REPRESENTATIVE TO THE PLANNING COMMISSION FOR 1978. Upon roll call vote being taken thereon, the following voted in favor there- of: Polston Withhart, Lovaasen and Fenstad the following abstained: Swenson, whereupon said resolution was declared passed and adopted. January 10, 1978 OO4 ORGANIZATION MEETING (Cont) Swenson moved and Polston sec°nded a motion RESOLUTION 78~15 RESOLUTION NAMING BENJAMIN WITHHART AS THE COUN- CIL REPRESENTATIVE TO THE ADVISORY PARK COMMIS- SION FOR 1978. Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, Lovaasen, Fenstad and Swenson and the following abstained: Withhart, whereupon said resolution was declared passed and adopted. Polston moved and Lovaasen seconded a motion RESOLUTION 78-16 RESOLUTION NAMING COUNCILMAN WITHHART AS COUNCIL REPRESENTATIVE TO THE HUMAN RIGHTS COMMISSION OF MOUND, SPRING PARK AND MINNET~ISTA. Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, Lovaasen, Fenstad and Swenson and the following abstained: Withhart, whereupon said resolution was declared passed and adopted. Lovaasen moved and Withhart seconded a motion RESOLUTION 78-17 RESOLUTION NAMIN~ COUNCILMAN POLSTON AS COUNCIL REPRESENTATIVE TO THE MOUND YOUTH COMMISSION FOR 1978. Upon roll call vote being taken thereon, the following voted in favor thereof: Fen- stad, Lovaasen, Swenson and Withhart and the following abstained: Polston, whereupon said resolution was declared passed and adopted. Fenstad moved and Swenson seconded a motion RESOLUTION 78-18 RESOLUTION APPROVING THE CITY CLERK/TREASURER'S BOND Upon roll call vote being taken thereon, the following voted in favor thereof: Fenstad, Lovaasen, Swenson, Withhart and Polston and the following voted against the same:' none, whereupon said resolution was declared passed and adopted. Swenson moved and Fenstad seconded a motion RESOLUTION 78-19 RESOLUTION ESTABLISHING MEETING DATES AND ADOPT- ING RULES OF PROCEDURE Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, Withhart, Lovaasen, Fenstad and Swenson and the following voted against the same: none, whereupon said resolution was declared passed and adopted. Fenstad moved and Swenson seconded a motion RESOLUTION 78-20 RESOLUTION NAMING MAYOR LOVAASEN AS DELEGATE TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITIES AND NAMING CITY MANAGER KOPP AS ALTERNATE DELE- GATE, January 10~ 1978 ORGANIZATION MEETING (Cont) OO5 Upon roll call vote being taken thereon, the Following voted in Favor there- of: Polston, Withhart, Lovaasen, Fenstad and Swenson and the following voted against the same: none, whereupon said resolution wad declared passed and adopted. Withhart moved and Polston seconded a motion RESOLUTION 78-21 RESOLUTION APPOINTING MAYOR LOVAASEN AND COUNCILMEMBER SWENSON TO SERVE ON THE FIRE COMMITTEE FOR 1978. Upon roll call vote being taken thereon, the following voted in favor there- of: Polston, Withhart, Lovaasen, Fenstad and Swenson and the following ab- stained: Swenson, whereupon said resolution was declared passed and adopted. Polston moved and Withhart seconded a motion RESOLUTION 78-22 RESOLUTION APPOINTING MAYOR LOVAASEN AND COUNCILMEMBERS SWENSON AND FENSTAD TO SERVE ON THE POLICE COMMITTEE FOR 1978. Upon roll call vote being taken thereon, the following voted in favor there- of: Polston, Withhart, Lovaasen, Fenstad and Swenson and the following voted against the same: none, whereupon said resolution was declared passed and adopted. Fenstad moved and Swenson seconded a motion RESOLUTION 78-23 RESOLUTION APPOINTING CITY MANAGER LEONARD KOPP AS REPRESENTATIVE TO THE SUBURBAN RATE AUTHORITY AND NAMING ROBERT MINER AS ALTER- NATE Upon roll call vote being taken thereon, the following voted in favor there- of: Polston, Withhart, Lovaasen, Fenstad and Swenson and the following voted against the same: none, whereupon said resolution was declared passed and adopted. Swenson moved and Withhart seconded a motion RESOLUTION 78-24 RESOLUTION APPOINTING TIMOTHY PIEPKORN! AS PROSECUTING ATTORNEY EFFECTIVE FEBRUARY 1, 1978. Upon roll call vote being taken thereon, the following voted in favor there- of: Polston, Withhart, Lovaasen and Swenson and the following voted against the same: Fenstad, whereupon said resolution was declared passed and adopted. PARKING VARIANCE Swenson moved and Fenstad seconded a motion RESOLUTION 78-25 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PUBLIC WORKS DIRECTOR TO DENY THE PARK- lNG VARIANCE REQUESTED. The vote was unanimously in favor. 006 TUXEDO E^SEMEHT - LOT 14, BLOCK 6, AR~E~ Swenson moved and Withhart seconded a motion RESOLUTION 78-26 January 10, 1978 RESOLUTION APPROVING THE EASEMENT AGREEMENT FOR LOT 14, BLOCK 6, ARDEN WITH PAYMENT IN THE AMOUNT OF $1,095.00 favor. Swenson moved and Fenstad seconded a motion. RESOLUTION 78-28 The vote was unanimously in favor. Dump Truck and Snow Plow Bid Swenson moved and Withhart seconded a motion RESOLUTION 78-29 The vote was unanimously in favor. RESOLUTION AWARDING PURCHASE OF A DUMP TRUCK AND SNOW PLOW TO THURK BROTHERS CHEVROLET THE LOW BIDDER. RESOLUTION AWARDING PURCHASE OF CERTAIN FIRE EQUIPMENT TO VIKING FIRE EQUIPMENT THE LOW BIDDER The vote was unanimously in BIDS Fire Equipment The vote was unanimously in favor. TAX FORFEIT LAND Lots 17, 18 & 19, Block 9, Whipple The Council requested this item be referred to the Park Commission requesting they consider the area and submit a recommendation to the Council on what part the City should retain. Lots 1 an~ 2, Block 14, Whipple The Council requested this item be referred to the Park Commission requesting they consider the area and submit a recommendation to the Council on what part the City should retain. PLANS & SPECIFICATIONS FOR SANITARY SEWER INSPECTION Swenson moved and Polston seconded a motion RESOLUTION 78-27 RESOLUTION AUTHORIZING THE CITY ENGINEER TO AD- VERTISE FOR BIDS FOR THE TELEVISING OF THE SEWER LINES WITH BIDS TO BE OPENED ON FEBRUARY 13, 1978 AND AWARDED ON FEBRUARY 14, 1978. January 10, 1978 007 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT No comments or suggestions were presented at this time. DELINQUENT WATER BILLS Swenson moved and Withhart seconded a motion. RESOLUTION 78-30 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING DELINQUENT UTILITY BILLS FOR FEBRUARY 7, 1978 AT 7:30 P.M. The vote was unanimously in favor. C.E.T.A. CONTRACT Withhart moved and Swenson seconded a motion RESOLUTION 78-31 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO SIGN THE C.E.T.A. CONTRACT. The vote was unanimously in favor. PAYMENT OF BILLS Swenson moved and Withhart seconded a motion to approve payment of the bills as presented on the prelist in the amount of $301,293.16 where funds are available. Roll call vote was unanimously in favor, so carried. MISCELLANEOUS Additiona! items discussed by the Council included garbage rates, the M.T.C. handicapped routes, sewer meters malfunctioning, the Tonka Toy water/sewer billing and Eagle Lane access. Lovaasen moved and Fenstad seconded a motion to authorize the opening of the Eagle Lane access by the City staff, The vote was four in favor with Withhart voting nay. ADJOURNMENT Fenstad moved and Swenson seconded a motion to adjourn to the next regular meeting on January 17, 1978 at 7:30 p.m. The vote was unanimously in favor so carried and adjourned. Mary~ H/Marske, City Clerk/Treasurer ~narc~ k. Kopp, City Manager