1978-05-09May 9, 1978 078
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, Hennepln County, Minnesota was held at 5341 Maywood Road in said City
on May 9, 1978 at 7:30 p.m.
Those present were: Mayor Tim Lova,asen, Councilmembers Polston and Fenstad. The
Mayor explained that Councilmember Swenson was out of town and excused and Council-
member Withhart would arrive shortly. Also present were City Manager Leonard L. Kopp,
Assistant City Attorney David Kennedy and City Clerk Mary H. Marske.
MINUTES
The minutes of the meeting of May 2, 1978 were presented for consideration. Polston
moved and Fenstad seconded a motion to approve the minutes of the meeting of May 2,
1978 as submitted. The vote was unanimously in favor.
COMMENDATION
The Mayor presented the resolution of commendation as adopted at the April 25, 1978
Council meeting to the Girl Scout Troup responsible for cleaning up a portl~on of
County Road #44 right-of-way.
PUBLIC HEARING - VACATION OF ROSCOMMON ROAD - SHANNON TO CLARE
The City Clerk presented an affidavit of publication in the official newspaper of the
notice of public hearing of said street vacation. Said affidavit 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 vacation and persons pre-
sent to do so were afforded an opportunity to express their views thereon. Those per-
sons offering questions or comments included:
Louis & Viola Oberdeck, 2717 Clare Lane
The Mayor then closed the public hearing.
Polston moved and Fenstad seconded a motion
RESOLUTION 78-220
RESOLUTION! PROVIDING FOR THE VACATION OF ROS-
COMMON ROAD FROM THE EASTERLY BOUNDARY OF CLARE
LANE TO THE WESTERLY BOUNDARY OF SHANNON
The vote was unanimously in favor.
The Council placed a stipulation on the resolution to prohibit any encroachment onto
Clare Lane for any purpose.
DOCK ON WYCHWOOD COMMONS
Polston moved and Lovaasen seconded a motion to place this item back on the table.
The vote was unanimously in favor.
Fenstad moved and Polston seconded a motion that no variance be granted and request
the Park Commission to review the problem before the next dock season. The vote was
unanimously in favor.
May 9, 1978
PLANNING COMMISSION RECOMMENDATIONS
Parking Variance - Lot 37, Block 3, Shirley Hills UnTt -F
079
Polston moved and Fenstad seconded a motion
RESOLUTION 78-221
RESOLUTION TO.CONCUR WITH THE PLANNING COMMIS-
SION RECOMMENDATION TO APPROVE THE VARIANCE
REQUESTED CONTINGENT UPON RECEIPT OF A PARKING
AGREEMENT
The vote was unanimously in favor.
Street Vacation - Hanover and Drummond - West of Roxbury Lane
Fenstad moved and Polston seconded a motion
RESOLUTION 78-222
RESOLUTION TO PROVIDE FOR A PUBLIC HEARING ON
THE VACATION OF HANOVER ROAD AND DRUMMOND ROAD
WEST OF ROXBURY LANE FOR JUNE 13, 1978 AT
7:30 P.M.
The vote was unanimously in favor.
Subdivision of Land - Lots 6, 7 & 8, Block 7, A.L. Crocker's 1st Division
Polston moved and Fenstad seconded a motion
RESOLUTION 78-223
RESOLUTION TO CONCUR WITH THE PLANNING COMMIS-
SION RECOMMENDATION TO APPROVE THE SUBDIVISION
AS REQUESTED.
The vote was unanimously in favor.
Lake Front Variance - Lot 13, Halstead Heights
Fenstad moved and Polston seconded a motion to concur with the recommendation
of the Planning Commission to deny the variance. The motion failed with
Fenstad voting aye and Polston and Lovaasen voting nay.
Polston moved and Lovaasen seconded a motion
RESOLUTION 78-224
RESOLUTION TO APPROVE THE VARIANCE WITH A FOUR
FOOT LAKE FRONT SETBACK VARIANCE WITH THE STIP-
ULATION THAT THE ENCLOSED DECK NOT BE CONVERTED
INTO A HABITABLE ROOM.
The vote was Polston and Lovaasen voting aye and Fenstad voting nay. So re-
solved. Those voting aye noted that the front yard setback requirement is
too restrictive and revisions of the ordinance are presently being considered.
Side Yard Variance - Lot 8, Block 1, Mound Terrace
Polston moved and Lovaasen seconded a motion
RESOLUTION 78-225
RESOLUTION TO APPROVE THE TWO FOOT SIDE YARD
VARIANCE.
080 May 9, 1978
The vote was unanimously in favor.
The Council noted that lakeshore property is treated more restrictively than inland
property.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
Mrs. Sue Weibold, 5047 Wren Road a new resident to Mound asked for information regard-
ing dock licenses.
PLANNING COMMISSION RECOMMENDATION (Cont)
Subdivision of Land - Part of Lots 4 & 5, Block 11, Mound Terrace
Polston moved and Fenstad seconded a motion
RESOLUTION 78-226
The vote was unanimously in favor.
RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE THE SUBDIVISION AS RE-
QUESTED
Councilmember Withhart arrived at 9:25 p.m.
Street Front & Side Yard Variance - Lot 6, Block 3, Avalon
Fenstad moved and Polston seconded a motion to grant the variance as requested.
The vote was three in favor with Lovaasen voting nay.
Fenstad moved and Polston seconded a motion to reconsider the above motion.
The vote was unanimously in favor.
Fenstad moved and Polston seconded a motion.
RESOLUTION 78-227 RESOLUTION TO APPROVE THE VARIANCE WITH THE STIP-
ULATION THAT DRAINAGE NOT BE ALLOWED TO RUN OFF
ON THE PROPERTY TO THE SOUTH AND THE GARAGE BE
BUILT TO MEET THIS STIPULATION.
The vote was three in favor with Lovaasen voting nay.
Side Yard Variance - Plat 61223, Parcel 0269
Polston moved and Fenstad seconded a motion to concur with the recommendation of the
Planning Commission to approve the side yard variance. The vote was tied with Fenstad
and Polston voting aye and Withhart and Lovaasen voting nay.
Subdivision of Land - Parcel 3690 Plat 61690, Lafayette Park
Withhart moved and Lovaasen seconded a motion
RESOLUTION 78-228
The vote was unanimously in favor.
RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
RECOMMENDATION TO APPROVE THE SUBDIVISION
Side Yard Variance - Lots 10 & 11, Block 14, Devon
Withhart moved and Polston seconded a motion
May 9, 1978
RESOLUTION 78-229
The vote was unanimously in
081
RESOLUTION TO CONCUR WITH THE PLANNING COMMIS-
SION RECOMMENDATION TO APPROVE THE SIDE YARD
VARIANCE
favor.
Expand Non-Conforming Use - Lot 23, Block 24, Seton
Withhart moved and Polston seconded a motion
RESOLUTION 78-230 RESOLUTION TO CONCUR WITH THE PLANNING COMMIS-
SION RECOMMENDATION TO APPROVE THE EXPANDED
NON-CONFORMING USE
The vote was unanimously in favor.
Expand Non-Conforming Use - Lot 3, Block 2, Shadywood Point
Fenstad moved and Polston seconded a motion
RESOLUTION 78-231
RESOLUTION TO CONCUR WITH THE PLANNING COMMIS-
SION RECOMMENDATION TO ALLOW THE EXPANDED NON-
CONFORMING USE.
The vote was unanimously in favor.
The Council noted that the line of sight provision of the ordinance was too
restrictive.
Lake Front Variance - Lot 7, Block 1, Linden Heights Addition
Polston moved and Fenstad seconded a motion
RESOLUTION 78-232 RESOLUTION TO CONCUR WITH THE PLANNING COMMIS-
SION RECOMMENDATION TO APPROVE THE LAKE FRONT
VARIANCE.
The vote was three in favor with Lovaasen voting Nay.
The Mayor indicated that he did not think a building permit was necessary.
Subdivision of Land - Lots 24-26, Block 1, Mound Terrace ~
Lovaasen moved and Fenstad seconded a motion to table this item until the
meeting of May 16, 1978. The vote was unanimously in favor.
Expand Non-Conforming Use - Lot 10, Block 1, Mound Terrace
Polston moved and Fenstad seconded a motion
RESOLUTION 78-233 RESOLUTION TO CONCUR WITH THE PLANNING COMMIS-
SION RECOMMENDATION TO APPROVE THE EXPANDED
NON-CONFORMING USE.
The vote was unanimously in favor.
THREE POINTS BUS SERVICE
The Council briefly reviewed the Council Memorandum and petition received
from residents of the Three Points area regarding bus service to ~hat neigh-
082
bo rhood.
i nc l uded:
May 9, 1978
Persons in attendance from the neighborhood offering comment on the issue
Janice Schrupp, 1661 Gull Lane
Gilbert Schrupp, 1661 Gull Lane
Withhart moved and Polston seconded a motion to receive and file the petition offered
by the residents of Three Points. The vote was unanimously in favor.
Lovaasen moved and Polston seconded a motion to hold action on this item until the
M.T.C. completes a survey of r|dership in the area. The vote was three in favor with
Withhart voting nay.
TUXEDO EASEMENT
Withhart moved and Fenstad seconded a motion
RESOLUTION 78-234
RESOLUTION AUTHORIZING CONVEYANCE OF CERTAIN CITY
OWNED PROPERTY IN EXCHANGE FOR PERMANENT AND TEM-
PORARY EASEMENTS TO CONSTRUCT TUXEDO BOULEVARD
AND ESTABLISHING CONDITIONS REGARDING SAID LAND
EXCHANGE
The vote was unanimously in favor.
BARTLETT BOULEVARD BRIDGE OVER LOST LAKE CHANNEL
Lovaasen moved and Withhart seconded a motion
RESOLUTION 78-236
The vote was unanimously in favor.
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER
TO ENTER INTO AN AGREEMENT WITH THE COUNTY HIGH-
WAY DEPARTMENT REGARDING PARKING RESTRICTIONS IN
THE AREA OF THE BRIDGE OVER LOST LAKE CHANNEL.
Fenstad moved and Withhart seconded a motion to request the City Attorney to draft an
ordinance regarding "no parking" provisions regarding the resolution passed by the
Council on the Lost Lake Bridge construction. The vote was unanimously in favor.
BIDS - CARPET FOR THE LIQUOR STORE
Polston moved and Withhart seconded a motion
RESOLUTION 78-237
The vote was unanimously in favor.
RESOLUTION AUTHORIZING PURCHASE OF CARPETING FOR
THE LIQUOR STORE FROM THE LOW BIDDER - KUSTOM
CARPET IN THE MOUNT OF $1,O35.O0.
ACTING CITY MANAGER
Fenstad moved and Polston seconded a motion
RESOLUTION 7~-238
The vote was unanimously in favor.
RESOLUTION DESIGNATING THE CITY CLERK/TREASURER
AS ACTING CITY MANAGER DURING THE ABSENCE OF THE
CITY MANAGER.
May 9, 1978 083
PUBLIC SERVICE COMMISSION HEARINGS
Fenstad moved and Polston seconded a motion to authorize the City Attorney
to intervene for the City of Mound in regard to the upcoming Public Service
Commission hearings.
TRANSFER OF FUNDS
Fenstad moved and Polston seconded a motion
RESOLUTION 78-239
RESOLUTION TO AUTHORIZE THE TRANSFER OF CERTAIN
CITY FUNDS.
The vote was unanimously in favor.
PAYMENT OF BILLS
Withhart moved and Polston seconded a motion to approve the payment of bills
presented on the prelist in the amount of $95,668.77 where funds are avail-
able. The vote was unanimously in favor.
WAIVE CURFEW
Withhart moved and Polston seconded a motion to waive the requirements of
the 11:30 p.m. curfew. The Vote was unanimously in favor.
PARK COMMISSION VACANCY
The Council requested that an ad be placed regarding the vacancy on the P~rk
Commission.
VACATION OF ROSCOMMON ROAD
Lovaasen moved~and Polston seconded a motion to place this item back on the
table for reconsideration. The vote was unanimously in favor.
Lovaasen moved and Fenstad seconded a motion to adopt Resolution 78-220 in
the presence of a full Council. Upon roll call vote being taken thereon
the members were recorded as voting as follows: Councilmember Fenstad, Pol-
ston and Withhart and Mayor Lovaasen voting aye and Councilmember Swenson
absent. Motion carried, resolution adopted.
ADJOURNMENT
Polston moved and Fenstad seconded a motion to adjourn to the next regular
meeting on May 16, 1978 at 7:30 p.m. The vote was unanimously in favor, so
adjourned.
~~~ ~'~Tr asu
Mary'H.~Marske~ City Clerk/ e rer
"-----t~eo~r~ L. Kopp, City Manager