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1978-01-24009 January 24, 1978 REGULAR MEETING OF THE CITY COUNCIL 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 5341Maywood Road in said City on January 24, 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, City Attorney Curtis A. Pearson and City Clerk Mary H. Marske. COMMENDATION - JAMES GILBERTSON - EAGLE SCOUT AWARD Lovaasen moved and Withhart seconded a motion RESOLUTION 78-35 RESOLUTION COMMENDING JAMES GILBERTSON EAGLE SCOUT The vote was unanimously in favor. BLACK LAKE BRIDGE DISCUSSION Representatives from the Hennepin County Highway Department attended the council meet- ing held jointly with Spring Park Council to discuss the construction of the Black Lake Bridge. The staff was directed to prepare a resolution supporting the reconstruction of the Black Lake Bridge. MINUTES The minutes of the meeting of January 10, 1978 were presented for consideration. Swenson moved and Polston seconded a motion to accept the minutes of the meeting of January 10, 1978 with a correction on page 4 Resolution 78-25 to note the parking variance was approved up to February 1, 1978. The vote was unanimously in favor. The minutes of the meeting of January 17, 1978 were presented for consideration. Polston moved and Swenson seconded a motion to accept the minutes of the Council meet- ing of January 17, 1978 as presented. The vote was unanimously in favor. PUBLIC HEARING - AMEND CHAPTER 23 - MULTIPLE DWELLINGS The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said amendment. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The City Attorney briefly reviewed the changes in the amended multiple dwelling code. The Mayor then opened the public hearing for public input on the multiple dwelling or- dinance and persons present to do so were afforded the opportunity to express their views thereon. Persons present offering comments included: Jim Scruton, 5267 Bartlett Boulevard. The Mayor then closed the public hearing. January 24, 1978 PUBLIC HEARING - AMEND CHAPTER 23 - MULTIPLE DWELLINGS (Cont) 010 Withhart moved and Polston seconded a motion to ordain the Following sec- tion be added to the City Code as Ordinance 371 ORDINANCE NO. 371 AN ORDINANCE AMENDING CHAPTER 23 OF THE CITY CODE REGULATING ZONING AND ADDING SECTION 23.0001 SETTING FORTH DEFINITIONS: AMENDING SECTIONS 23.06, 23.O61, 23.062, 23.30 SUBD. 1 SUB- SECTION (h) AND 23.32 RELATING TO USE, STANDARDS AND CONDI- TIONS RELATING TO MULTIPLE DWELLINGS AND ADDING SECTION 23.60 TO PROVIDE PERFORMANCE STANDARDS IN ALL USE DISTRICTS AND RE- PEALING PORTIONS OF SECTIONS 23.061 SUBD. (d), 23.062 SUBD. (d) AND SECTION 23.34 WHICH ARE INCONSISTENT IN THE MULTIPLE DIS- TRICTS. Upon roll c~l'l vote being taken thereon, the following voted in favor thereof: Polston, Withhart, Fenstad, Swenson and Lovaasen and the following voted against the same: none, whereupon said ordinance is hereby ordained. Swenson moved and Fenstad seconded a motion RESOLUTION 78-36 RESOLUTION TO REMOVE THE MORATORIUM ON CON- STRUCTION OF MULTIPLE DWELLINGS AS PASSED BY RESOLUTION 77-61. The vote was unanimously in favor. PUBLIC HEARING - DOCK LOCATION MAP The City Clerk presented an affidavit of publication in the officia] news- paper of the notice of public hearing on said dock location map. Said affi- davit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then opened the public hearing for input on said dock location map and persons present to do so were afforded an opportunity to express their views thereon. No persons presented objections and the Mayor then closed the public hearing. Withhart moved and Swenson seconded a motion. RESOLUTION 78-37 RESOLUTION APPROVING PROPOSED CHANGES IN THE DOCK LOCATION MAP AS PRESENTED BY THE DOCK INSPECTOR. The vote was unanimously in favor. CONTINUED HEARING - HUD FUNDS - YEAR IV The mayor reopened the public hearing regarding H.U.D. Funds, Year IV con- tinued from the published hearing date of January 17, 1978. Polston moved and Lovaasen seconded a motion to reallocate the designated $5,000.00 from the lift chair in the City Office to a Youth Employment Pro- gram from Revenue Sharing Funds. The vote was unanimously in favor. Oll January 24~ 1978 CONTINUED HEARING - HUD FUNDS - YEAR IV (Cont) Persons present offering comments regarding the use of the H.U.D. Funds included: Jim O' Donnell, Island Park resident The Mayor then closed the public hearing. Swenson moved and Withhart seconded a motion. RESOLUTION 78-39 The vote was unanimously in favor. TAX FORFEIT LAND RESOLUTION DESIGNATING ALLOCATIONS OF H.U.D. FUNDS TO BE APPLIED FOR UNDER COMMUNITY DE- VELOPMENT BLOCK GRANT ACT OF 1974. Withhart moved and Lovaasen seconded a motion RESOLUTION 78-40 The vote was unanimously in favor. RESOLUTION AUTHORIZING RELEASE OF LOT 6, BLOCK 28, WHIPPLE FOR PUBLIC SALE WITH CERTAIN STIP- ULATIONS. The Council requested the Planning Commission review the problems of persons building without building permits and submit a recommendation to the Council on solutions and appropriate fines and fees. SIDEWALK REPLACEMENT REPORT ADDENDUM The City Engineer submitted a sidewalk replacement report addendum to the Council for consideration. Polston moved and Swenson seconded a motion. RESOLUTION 78-41 The vote was unanimously in favor. REQUEST FOR WATER, SEWER AND STREET RESOLUTION PROVIDING FOR A PUBLIC HEARING ON 1978 SIDEWALK REPLACEMENT FOR MARCH 7, 1978 AND ACCEPTING THE PRELIMINARY REPORT AS SUBMITTED. The Council determined to defer this matter to a future agenda. COVER THE CLOCK - 11:30 CURFEW Withhart moved and Swenson seconded a motion RESOLUTION 78-42 RESOLUTION TO ESTABLISH ADJOURNMENT OF COUNCIL MEETING AT 11:30 P.M. The vote was unanimously in favor. January 24, 1978 O12 COMMISSION APPOINTMENTS Lovaasen moved and Swenson seconded a motion. RESOLUTION 78-43 RESOLUTION APPOINTING GARY PAULSON TO A THREE YEAR TERM ON THE PLANNING COMMISSION The vote was unanimously in favor. Withhart moved and Swenson seconded a motion RESOLUTION 78-44 RESOLUTION APPOINTING GREG GIBSON TO A THREE YEAR TERM ON THE PLANNING COMMISSION. The vote was unanimously in favor. Polston moved and Swenson seconded a motion RESOLUTION 78-45 RESOLUTION APPOINTING KAREN WIDHELM TO A THREE YEAR TERM ON THE PLANNING COMMISSION The vote was unanimously in favor. Withhart moved and Polston seconded a motion RESOLUTION 78-46 RESOLUTION APPOINTING SANDRA SMITH TO A TWO YEAR TERM ON THE PLANNING COMMISSION. The vote was unanimously in favor. Withhart moved and Polston seconded a motion RESOLUTION 78-47 RESOLUTION APPOINTING TONY CASE TO A THREE YEAR TERM ON THE PARK COMMISSION. The vote was unanimously in favor. Lovaasen moved and Polston seconded a motion RESOLUTION 78-48 RESOLUTION APPOINTING FRANK AHRENS TO A THREE YEAR TERM ON THE PARK COMMISSION. The vote was four in favor with Withhart voting nay. Lovaasen moved and Swenson seconded a motion RESOLUTION 78-49 RESOLUTION APPOINTING SANDRA ANDREWS TO A THREE YEAR TERM ON THE HUMAN RIGHTS COM- MISSION The vote was unanimously in favor. COVER THE CLOCK Swenson moved and Polston seconded a motion to disregard Resolution 78-42 and complete the agenda. O13 COMMENDATION OF CKLAIR HASSE Lovaasen moved and Swenson seconded a motion RESOLUTION 78-50 The vote was unanimously in favor. RENEWAL OF TAXICAB LICENSES Swenson moved and Polston seconded a motion RESOLUTION 78-51 January 24, 1978 RESOLUTION COMMENDING CKLAIR HASSE The vote was unanimously in favor. BEACHSIDE DEVELOPMENT RESOLUTION REQUESTING THE MAYOR CORRESPOND THE FEELINGS OF THE MOUND COUNCIL TO THE L.M.C.D. BY LETTER. Swenson moved and Lovaasen seconded a motion RESOLUTION 78-53 The vote was unanimously in favor. D.W.I. LEGISLATION Fenstad moved and Polston seconded a motion RESOLUTION 78-52 RESOLUTION TO SUPPORT THE LEGISLATION IN SENATE FILE 865 AND HOUSE FILE 1381 REGARDING D.W.I. ARRESTS. The vote was three in favor with Lovaasen and Swenson voting nay. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Ron Gehring inquired about what policy was followed regarding aiding individuals in purchasing tax forfeit land. Roy O'Donnell asked why the City purchases so much land. PAYMENT OF BILLS Fenstad moved and Polston seconded a motion to approve payment of the bills as present- ed on the prelist in the amount of $62,199.90 where funds are available. Roll call vote was unanimously in favor, so carried. PROPOSED L.M.C.D. ORDINANCE The Council briefly discussed the proposed L.M.C.D. ordinance regarding docks and land use abutting Lake Minnetonka. Withhart moved and Polston seconded a motion. RESOLUTION APPROVING THE RENEWAL OF A TAXICAB LICENSE FOR TOWN TAXI COMPANY January 24, 1978 BEACHSIDE DEVELOPMENT (Cont) RESOLUTION 78-54 014 RESOLUTION PRO¥1'DING FOR A PUBLIC HEARING REGARDING BEACHSIDE DEVELOPMENT TO BE HELD FEBRUARY 7, 1978 at 7:30 p.m. The vote was unanimously in favor. ADJOURNMENT Swenson moved and Polston seconded a motion to adjourn to the next regular meeting on January 31, 1978 at 7:30 p.m, The vote was unanimously in favor, so carried and adjourned. ~lary H.{~Marske, City Clerk/Treas urer L~'6n-a~d k. Kopp, City M~nag~ f