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1978-04-11April 11, 1978 053 REGULAR MEETING OF THE CITY COUNCIL Pursuant to due call and notice thereof, a regular meeting of the City Coun- cil of the City of Mound, Hennepin County, Minnesota was held at 5341 May- wood Road in said City on April 11, 1978 at 7:30 p.m. Those present were: Mayor Lovaasen, Councilmembers~O~val Fenstad, Gordon Swenson, Robert Polston and Benjamin Withhart. Also present were City Man- ager Leonard L Kopp, City Attorney Curtis A. Pearson, Assistant City Eng- ineer Lyle Swanson and City Clerk Mary H. Marske. MINUTES The minutes of the meeting of March 28, 1978 were presented for considera- tion. Swenson moved and Polston seconded a motion to approve the minutes of the meeting of March 28, 1978 as submitted. The vote was unanimously in favor. The minutes of the meeting of April 4, 1978 were presented for consideration. Swenson moved and Fenstad seconded a motion to approve the minutes of the meeting of April 4, 1978 as submitted. The vote was unanimously in favor. COUNTY ROAD #15 BY-PASS ADDENDUM The Mayor brought it to the Council's attention the fact that a necessary resolution had been inadvertently omitted from the action taken by the Coun- cil at the meeting of March 28, 1978. Swenson moved and Withhart seconded a motion RESOLUTION 78-146 RESOLUTION TO AUTHORIZE THE COUNTY HIGHWAY DEPARTMENT TO PREPARE A FEASIBILITY REPORT ON THE CONSTRUCTION OF THE COUNTY ROAD #15 BY-PASS The vote was unanimously in favor. PUBLIC HEARING - PELICAN POINT The City Clerk presented an affidavit of publication in the official news- paper of the notice of public hearing of said preliminary plat. Said affi- davit was then examined, approved and ordered filed in the office of the City Clerk. Persons present speaking on behalf of the preliminary plat included: Ralph Turnquist Tom Gridley Arvid Elness John Houston Steven Poindexter The Mayor then opened the public hearing for input on said preliminary plat and persons present to do so were afforded an opportunity to express their views thereon. Those persons offering questions or comments included: O54 Donna Easthouse, 3042 Island View Drive Mark Hannaman, 4135 Manchester April 11, 1978 The Mayor then closed the public hearing. The discussion at the table then focused on the requirements of the park dedication. Swenson moved and Fenstad seconded a motion to establish the dollar amount of the de- dication to be set at 10% of the average of the market value of 1977 and 1978 recog- nizing that credit is being given because of the amount of open space within the de- velopment but the dedication of the ponding area not be accepted by the City. Upon roll call vote being taken thereon, the motion failed with Councilmembers Polston, Withhart and Mayor Lovaasen voting nay and Councilmembers Swenson and Fenstad voting aye. Fenstad moved and Polston seconded a motion to table this item to allow the City At- torney, Assistant City Engineer, Public Works Director and the proponent to deliberate regarding the issue of the park dedication and public utilities. The vote was unan- imously in favor. PLANNING COMMISSION MINUTES Subdivision of Lots 43, 44, 45, 46 and W ½ of the S 56 ft. of the E ½ of 47, 17, 18 and 19, Block 6, Pembroke. Fenstad moved and Swenson seconded a motion RESOLUTION 78-147 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIV- ISION INCLUDING THE FOUR STIPULATIONS OFFERED BY THE PLANNING COMMISSION. The vote was unanimously in favor. Street Front Variance of 3.6 ft - Lots 7-10, Block 1, Shadywood Point Polston moved and Withhart seconded a motion RESOLUTION 78-148 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE STREET FRONT VARIANCE AS REQUESTED. The vote was unanimously in favor. Street Front, Side Yard and Lot Size Variance - Lot 9, Block 1, Shadywood Point Fenstad moved and Swenson seconded a motion RESOLUTION 78-149 The vote was unanimously in favor. RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY THE VARIANCES REQUESTED. The petitioner was advised to apply for the building permit as soon as possible. Subdivision of Land - Lots 10, 11 and Part of 12 and 13~ Block 14, Avalon Polston moved and Withhart seconed a motion April 11, 1978 RESOLUTION 78-150 055 RESOLUTION TO CONCUR WITH THE RECOMMENDA- TION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIVISION AS REQUESTED. The vote was unanimously in favor. Variance - Lake Front Setback - Lots 2, 3, 7 and 8, Block 11, Seton Polston moved and Fenstad seconded a motion RESOLUTION 78-151 RESOLUTION TO CONCUR WITH THE RECOMMENDA- TION OF THE PLANNING COMMISSION TO APPROVE THE VARIANCE AS REQUESTED. The vote was unanimously in favor. Street Front, Side Yard and Lot Size Variance, Lot 5, Block 11, Shadywood Point Withhart moved and Polston seconded a motion RESOLUTION 78-152 RESOLUTION TO CONCUR WITH THE RECOMMENDA- TION OF THE PLANNING COMMISSION TO APPROVE THE SIDE YARD AND LOT SIZE VARIANCE AND AD- JUSTING THE STREET FRONT VARIANCE TO 1 FOOT INSTEAD OF 7 FEET. The vote was unanimously in favor. Street Vacation - Roscommon Road from Shannon to Clare Lane Fenstad moved and Polston seconded a motion RESOLUTION 78-153 RESOLUTION PROVIDING FOR A PUBLIC HEARING ON THE STREET VACATION TO BE HEARD ON MAY 9, 1978 AT 7:30 P.M. The vote was unanimously in favor. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT No comments or suggestions were submitted at this time. MILL POND SUBDIVISION - FINAL PLAT Polston moved and Withhart seconded a motion to a~ceptand file the Environ- mental Worksheet as submitted on the Mill Pond Subdivision. The vote was unanimously in favor. Swenson moved and Withhart seconded a motion RESOLUTION 78-154 RESOLUTION TO APPROVE THE FINAL PLAT OF MILL POND SUBDIVISION WITH THE STIPULATION THAT THE PROPERTY NOT CHANGE HANDS UNTIL THE TITLE DEFICIENCIES ARE CLEARED. The vote was unanimously in favor. 056 April 11, 1978 WYCHWOOD BRIDGE CONSTRUCTION Fenstad moved and Withhart seconded a motion RESOLUTION 78-155 RESOLUTION TO AUTHORIZE THE MAYOR AND CITY MAN- AGER TO ENTER INTO A LEASE AGREEMENT WITH THE COUNTY TO ALLOW PLACEMENT OF A CONSTRUCTION BUILDING ON LOTS 14-17, BLOCK 26, WYCHWOOD DUR- ING CONSTRUCTION OF THE WYCHWOOD BRIDGE. The vote was unanimously in favor. FIRE PREVENTION CODE Swenson moved and Lovaasen seconded a motion to ordain the following section be added to the City Code as Ordinance 378 ORDINANCE NO. 378 AN ORDINANCE AMENDING SECTION 25.01, 25.02, 25.03 AND 25.04 OF THE CITY CODE AND ADDING SECTIONS 25.06, 25.08, 25.10, 25.12, 25.14 AND 25.16 TO THE CITY CODE RELATING TO FIRE PREVENTION: ADOPTING THE MINNE- SOTA UNIFORM FIRE CODE WITH AMENDMENTS AND MODIFICATIONS: AND REPEAL- ING MOUND CITY CODE SECTION 25.05 The City of Mound does ordain: Section 25.01 of the City Code is amended to read as follows: Section 25.01. ADOPTION OF FIRE PREVENTION CODE Subd. 1. Minnesota Uniform Fire Code Adopted. The Minnesota Uniform Fire Code, as promulgated by the Minnesota Department of Public Safety and embodied in Chapter Four of the Rules and Regulations of the State Fire Marshal Division (i.'Fire Mar. 30-51 inclusive) is hereby adopted by reference and made a part of this Code, except for those provisions of said Code amended, modified or deleted by this section. Subd. 2. Copies on File. The City Clerk shall file three copies of the Minne- sota Uniform Fire Code, marked "Official Copies", in her office, and the copies shall be kept available for public inspection. Subd. 3. follows: Amendments, Modifications. The Minnesota Uniform Code is amended as Fire Mar. 45 is deleted in its entirety, and Article 20 of the Uniform Fire Code, published by the International Conference of Building Officials and the Western Fire Chiefs' Association, 1973 Edition, is adopted in its en- tirety by reference. Subd. 4. Short Title. For purposes of this section the Minnesota Uniform Fire Code adopted herein shall be known and cited as the MUFC. Section 25.02 of the City Code is amended to read as follows: April 11, 1978 057 Section 25.02 ENFORCEMENT (a) The Chief of the Fire Department serving the City, or his representative as authorized by him, shall enforce the pro- visions of this ordinance. (b) The Chief of the Fire Department may detail such members of the Fire Department as Inspectors as shall from time to time be necessary. The Chief of ~he Fire Department may recom- mend the employment of technical inspectors who, when such authorization is made, shall be selected through an examina- tion to determine their fitness for the position. The ex- amination shall be open to members and nonmembers of the Fire Department, and appointments made after examination shall be for an indefinite term with removal only for cause. Section 25.03 of the City Code is amended as follows: Section 25.03 DEFINITIONS (a) Wherever the work "jurisdiction" is used in the MUFC, it shall be held to mean the City of Mound. (b) Wherever the term "Corporation Counsel" is used in the MUFC, it shall be held to mean the Attorney for the City of Mound. Section 25.04 of the City Code is amended to read as follows: Section 25.04 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF FLAMMABLE OR COMBUSTIBLE LIQUIDS IN OUTSIDE ABOVE- GROUND TANKS IS TO BE PROHIBITED (a) The limits referred to in Section 15.201 of the MUFC in which storage of flammable or combustible liquids in outside above- ground tanks is prohibited, are hereby established as follows: All residential A-I, A-2, B, Multiple Dwelling and Com- mercially land use zoned areas. (b) The limits referred to in Section 15.601 of the MUFC, in which new bulk plants for flammable or combustible liquids are prohibited, are hereby established as follows: All residential A-I, A-2, B, all Multiple Dwelling and Townhouse and all Commercial and Business land use zoned areas. Section 25.06 of the City Code is hereby added to the City Code and shall read as follows: Section 25..06 ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUE- FIED PETROLEUM GASES IS TO BE RESTRICTED. All residential A~I, A-2, B, all Multiple Dwelling and Townhouse Districts and Commercial and Business land use zoned areas. Section 25.08 is hereby added to the City Code and shall read as fol- lows: O58 April 11, 1978 Section 25.08 ESTABLISHMENT OF LIMITS OF DISTRICTS IN WHICH STORAGE OF EXPLOSIVES AND BLASTING AGENTS IS TO BE PROHIBITED. The limits referred to in Section 11.106(b) of the MUFC, in which storage of and blasting agents is prohibited, are hereby established as follows: Anywhere within the corporate limits of the City of Mound. Section 25.10 is hereby added to the City Code and shall read as follows: Section 25.10 AMENDMENTS MADE IN THE MINNESOTA UNIFORM FIRE CODE The MUFC is amended and changed in the following respects: (a) Appendixes, A, B, C, D and E of the Uniform Fire Code 1973 Edition, are hereby adopted as part of this ordinance. Section 25.12 is hereby added to the City Code and shall read as follows: Section 25.12 APPEALS Whenever the Chief shall disapprove an application or refuse to grant a permit applied for, or when it is claimed that the provisions of the Code do not apply or that the true intent and meaning of the Code have been misconstrued or wrongly interpreted, the applicant may appeal from the decision of the Chief of the City Council within 30 days from the date of the decision appealed. Section 25.14 is hereby added to the City Code and shall read as follows: Section 25.14 NEW MATERIALS, PROCESSES OR OCCUPANCIES WHICH MAY REQUIRE PERMITS The Building Inspector, the City Manager or his designate and the Chief shall ~. act as a committee to determine and specify, after giving affected persons an opportunity to be heard, any new materials, processes or occupancies, which shall require permits, in addition to those now enumberated in said Code. The Chief shall post such list in a conspicuous place in his office, and distribute copies thereof to interested persons. Section 25.16 is hereby added to the City Code and shall read as follows: SECTION 25.16 PENALTIES (a) Any person who shall violate any of the provisions of this Code adopted or fail to comply therewith, or who shall violate or fail to comply with any order made thereunder, or who shall build in violation of any detailed statement of specifications or plans submitted and approved thereunder, or any certificate or permit issued, comply with such an order as affirmed or modified by the City Council or by a court of competent jurisdiction, within the time fixed herein; shall severally for each and every such violation and noncompliance respectively, by guilty of a misdeamor punishable pursuant to Section 71.09 of the City Code. The imposition of one penalty for any violation shall not ex- cuse the violation or permit it to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not otherwise specified, each day that prohibited conditions are maintained shall constitute a separate offense. April ll, 1978 059 (b) The application of the above penalty shall not be held to prevent the enforced removal of prohibited conditions. Section 25.05 of the City Code is hereby repealed. The vote was unanlmously in favor, so ordained. WELL #1 - REPAIR BIDS Polston moved and Swenson seconded a motion RESOLUTION 78-156 RESOLUTION AUTHORIZING THE REPAIR OF WELL #1 BE DONE BY THE STEVENS WELL COMPANY - THE LOW BIDDER IN THE AMOUNT OF $5,425.46 The vote was unanimously in favor, LOT 1, BLOCK 15, DEVON Swenson moved and Polston seconded a motion RESOLUTION 78-157 RESOLUTION AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE PURCHASE OF LOT 1, BLOCK 15, DEVON FROM THE COUNTY TO BE RESOLD TO THE NEIGHBORING PROPERTY OWNER AND AUTHORIZE THE MAYOR AND CITY MANAGER TO SIGN THE NECESSARY PURCHASE AGREEMENT. The vote was unanimously in favor. INFORMATION MEMORANDUM 78-49 Swenson moved and Polston seconded a motion to direct the Dock Inspector to request the Police Department to issue a ticket to Neil Curtis for violation of Ordinance No. 332. Upon roll call vote being taken thereon Councilmembers Fenstad, Polston, Withhart and Swenson voted aye and Mayor Lovaasen voted nay, so carried. TRANSFER OF FUNDS Fenstad moved and Swenson seconded a motion RESOLUTION 78-158 RESOLUTION TO AUTHORIZE THE TRANSFER OF CER- TAIN CITY FUNDS. The vote was unanimously in favor. PAYMENT OF BILLS Swenson moved and Polston seconded a motion to approve the payment of bills presented on the prelist in the amount of $86,375.32 where funds are avail- able. The vote was unanimously in favor. INFORMATION MEMORANDUM 78-50 The Council briefly discussed the memo regarding placement of bus shelters in the area. The Council requested the Manager to direct a letter to the 060 April 11, 1978 M.T.C. suggesting the placement of a shelter at the intersection of Wilshire Boulevard and Tuxedo Boulevard. INFORMATION MEMORANDUM 78-48 The Council briefly discussed the information memorandum regarding the billing of a resident for sewer use who is not presently connected to the sanitary sewer. The Council requested the Manager to direct a letter to the resident explaining the Coun- cil's action. INFORMATION MEMORANDUM 78-51 Fenstad moved and Polston seconded a motion RESOLUTION 78-159 RESOLUTION APPROVING THE FIRE RELIEF PENSION AS RECENTLY ENACTED BY THE STATE LEGISLATURE. The vote was four in favor with Swenson abstaining. INFORMATION MEMORANDUM 78-46 The Council determined to place discussion of the job descriptions and Administrative Code on the agenda of April 18, 1978. INFORMATION MEMORANDUM 78- 47 Councilmember Swenson requested the insurance agents appear before the Council at the meeting of April 18, 1978 to discuss the City insurance policies. PARK PLANNING Polston moved and Withhart seconded a motion to take the Park Planning item off the table for reconsideration. The vote was unanimously in favor. Withhart moved and Polston seconded a motion RESOLUTION 78-160 RESOLUTION TO ACCEPT THE PROPOSAL FOR PARK PLAN- NING AS SUBMITTED BY O.A. CHRISTENSEN The vote was three in favor with Swenson and Fenstad voting nay. WAIVE THE CURFEW Withhart moved and Polston seconded a motion to waive the 11:30 p.m. curfew and com- plete the agenda. The vote was unanimously in favor. PLANS AND SPECIFICATIONS - MANCHESTER AND TUXEDO IMPROVEMENTS Withhart moved and Lovaasen seconded a motion RESOLUTION 78-161 RESOLIJTION APPROVING THE PLANS AND SPECIFICATIONS AND ORDERING THE ADVERTISEMENT FOR BIDS FOR THE IMPROVEMENTS ALONG TUXEDO AT ITS INTERSECTION WITH MANCHESTER AND SUBMIT THE PLANS TO THE COUNTY FOR APPROVAL. The vote was three in favor with Polston and Withhart voting nay, so carried. April 11, 1978 061 PELICAN POINT (Continued) Fenstad moved and Swenson seconded a motion to take the Pelican Point item off the table for reconsideration. The vote was unanimously in favor. Withhart moved and Polston seconded a motion RESOLUTION 78-162 RESOLUTION APPROVING THE PRELIMINARY PLAT OF PELICAN POINT WITH CERTAIN STIPULATIONS Lovaasen moved and Polston seconded a motion to table this resolution for further consideration and place it on the agenda for April 18, 1978. The vote was unan|mously in favor. ADJOURNMENT Fenstad moved and Swenson seconded a motion to adjourn to the next regular meeting of April 18, 1978 at 7:30 p.m. The vote was unanimously in favor, so carried and adjourned. 'Mar~/ Hl~/Marske, City Clerk/Treasurer Manager ~ ~' / ~n~d L. Kopp, City