1978-06-06092
June 6, 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 June 6, 1978 at 7:30 P.M.
Those present were: Mayor Tim Lovaasen, Councilmembers Orval Fenstad, Robert Polston
and Gordon Swenson. Councilman Withhart was absent as he was attending the Governor's
Conference at Gustavus Adolphus College. Also present were the City Manager Leonard
L. Kopp, City Attorney Curtis A. Pearson, City Engineer William McCombs and Acting
City Clerk Marjorie Stutsman.
EMERGENCY SERVICE
Mayor Lovaasen welcomed Senator Pillsbury and Representative Jude. They presented the
City Council with a check in the amount of $441.50 which was Federal money reimbursing'
one half of the monies Mound spent in maintaining its warning system for national or
local emergencies.
MINUTES
The minutes of the meeting of May 23, 1978 were presented for consideration. Fenstad
moved and Swenson seconded a motion to approve the minutes of the meeting of May 23,
1978 as submitted. The vote was unanimously in favor.
PLANNING COMMISSION RECOMMENDATIONS
Subdivision of Land - Lots 26, 27 and 28, Mound Shores
Fenstad moved and Swenson seconded a motion
RESOLUTION 78-261
RESOLUTION CONCURRING WITH THE PLANNING COMMIS-
SION AND ADMINISTRATION AND GRANT DIVISION OF
LAND AS REQUESTED - Lots 26, 27 and 28, Mound
Shores
The vote was unanimously in favor.
Subdivision of Land - Lots 1,2,3,4 & 5, Block 11 A.L. Crocker's 1st Division
Lake Side Park '
Fenstad moved and Polston seconded a motion
RESOLUTION 78-262
RESOLUTION CONCURRING WITH THE PLANNING COMMIS-
SION AND GRANT DIVISION OF LAND PROVIDING DE-
FICIENT SEWER UNIT IS PICKED UP IF DUPLEX IS
BUILT
The vote was unanimously in favor.
Street Front Variance - Lots 1 and 2, Block 10, Avalon
Owner Gerald Westrup was present. Discussed proposed variance.
Lovaasen moved and Fenstad seconded a motion
June 6, 1978
RESOLUTION 78-263
O93
RESOLUTION GRANTING STREET FRONT VARIANCE WITH
A FRONT YARD SETBACK LINE OF 45 FEET BE ESTAB~
LISHED AND NO SIDE YARD VARIANCE BE GRANTED -
Lots 1 and 2, Block 10, Avalon
The vote was unanimously in favor.
Subdivision of Land - Part of Lots 8 and 9, Block 4, Pembroke
Attorney Jim Robin was present representing Mrs. Johnson
Polston moved and Fenstad seconded a motion
RESOLUTION 78-264 RESOLUTION CONCURRING WITH THE PLANNING COMMIS-
SION AND GRANT DIVISION OF LOTS AS REQUESTED
Part of Lots 8 and 9, Block 4, Pembroke
The vote was unanimously in favor.
Subdivision of Land - Land in Blocks 22 and 26, Including vacated street,
Seton
Swenson moved and Polston seconded a motion
RESOLUTION 78-265 RESOLUTION TO CONCUR WITH THE PLANNING COMMIS-
SION AND GRANT DIVISION OF LOTS AS REQUESTED
WITH THE FRONT YARD SETBACK FOR ALL LOTS BEIt~G
35 FEET - Lots 4-7 and ½ of vacated street,
Block 22, Seton & Lots 1-3, 15 and 16 and ½
of vacated street, Block 26, Seton.
The vote was unanimously in favor.
Lakefront and Lot Size Variance - Lot 3, Block 2, Replat of Harrison Shor~ ~
Polston moved and Swenson seconded a motion
RESOLUTION 78-266 RESOLUTION TO CONCUR WITH THE PLANNING COMMIS-
SION AND GRANT VARIANCES, ESTABLISHING LAKE
FRONT SETBACK AT 50 FEET TO ALLOW OPEN DECK
ON PROPOSED DWELLING - Lot 3, Block 2, Replat
of Harrison Shores
The vote was unanimously in favor.
Street Front Variance - Lots 19 and 20, Block 9, Wychwood
Swenson moved and Fenstad seconded a motion
RESOLUTION 78-267 RESOLUTION TO CONCUR WITH THE PLANNING COMMIS-
SION AND GRANT 24 FOOT VARIANCE AND ALLOW 5
FOOT HIGH FENCE 6 FEET FROM PROPERTY LINE AND
24 FEET FROM HOUSE - Lots 19 and 20, Block 9,
Wychwood
Owner Jack Dougherty present. Discussed possibility of traffic hazard and
decided none would exist from granting this variance.
The vote was unanimously in favor.
094 June 6, 1978
Street Front Variance - Lot 19 and Part of Lot 18, Block 3, A.Lincoln Addn. to Lake-
side Park
Fenstad moved and Swenson seconded a motion
RESOLUTION 78-268 RESOLUTION TO CONCUR WITH THE PLANNING COMMIS-
SION AND GRANT 20 FOOT FRONT YARD VARIANCE - Lot
19 and Part of Lot 18, Block 3, A. Lincoln Addn.
to Lakeside Park
The vote was unanimously in favor.
Subdivision of Land - Lots 50, 51 and 52, Whipple Shores
Polston moved and Fenstad seconded a motion
RESOLUTION 78-269
Owner Jerome Sullivan was present.
The vote was unanimously Tn favor.
RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
AND GRANT THE DIVISION OF LAND WITH STIPULATIONS-
LOTS 50, 51 and 52, Whipple Shores
Discussed.
Lakefront Variance - Lot 28, Brookton
Fenstad moved and Swenson seconded a motion
RESOLUTION 78-270
The vote was unanimously in favor.
RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION
AND GRANT 4 FOOT LAKEFRONT SETBACK VARIANCE TO
CONSTRUCT AN OPEN DECK - Lot 28, Brookton
Special Use Permit - Sale of Gasoline at Three Points Corner
James Shalton, representing James Refrigeration, was present
Polston moved and Swenson seconded a motion
RESOLUTION 78-271
The vote was unanimously in favor
RESOLUTION SETTING DATE OF JULY 11 FOR PUBLIC
HEARING ON SPECIAL USE PERMIT FOR SALE OF GAS-
OLINE Three Points Corner - Plat 61690 Parcel 6210
Special Use Permit - Parking for Real Estate Office
Fenstad moved and Polston seconded a motion
RESOLUTION 78-272
The vote was unanimously Tn favor.
RESOLUTION TO CONCUR WITH PLANNING COMMISSION AND
GRANT A SPECIAL USE PERMIT FOR REAL ESTATE OFF-
ICE PARKING - Plat 61690 Parcel 6210
June 6, 1978 095
Right-of Way Request - Lots 1, 2 and 3, Blocks 1 and 2, Halsted View
Swenson moved and Lovaasen seconded a motion to deny request.
Mr. Brandenburg was present; however, his Attorney had not arrived at this
point.
Fenstad moved and Polston seconded a motion to table. The vote was unani-
mously in favor.
Front and Side Yard Variances - Expanding Non-Conforming Use
Lot 20, Skarp & Lindquist Glen Arbor
Swenson moved and Polston seconded a motion
RESOLUTION 78-273
RESOLUTION TO CONCUR WITH THE PLANNING COM-
MISSION AND GRANT VARIANCES SO A GARAGE CAN
BE ERECTED Lot 20, Skarp & Lindquist Glen Arbor
The vote was unanimously in favor.
Setback Variance - Non-Conforming Use - Lot 1, Block 2, Mound Terrace
Roger Hill was present with a new proposal to adjust location of proposed
addition.
Fenstad moved and Lovaasen seconded a motion to refer back to Planning Com-
mission for a recommendation. Applicant spoke to staying with his original
request and have Council take action now on that request. Upon vote being
taken, Fenstad in favor of referring back to Planning Commission; Polston,
Swenson and Lovaasen against.
Polston moved and Fenstad seconded a motion
RESOLUTION 78-274
RESOLUTION TO CONCUR WITH THE PLANNING COM-
MISSION AND DENY THE REQUEST.
Mr. Hill presented his reasons for requesting setback variance. Discussed -
unique topography.
The vote was: Fenstad, Polston and Lovaasen - Aye; Swenson - Nay; motion
to deny carries.
Subdivision of Land - City Property along County Road 110
Fenstad moved and Swenson seconded a motion
RESOLUTION 78-275
RESOLUTION CALLING FOR A PUBLIC HEARING ON
SUBDIVISION OF LAND AND SETTING DATE OF HEAR-
ING FOR JULY 18th
The vote was unanimously in favor.
Subdivision of Land - Lots 17, 18 and 19, Block 9, Whipple
Discussed dividing land and proposed use of land for garage sites.
096
Fenstad moved and Swenson seconded a motion
RESOLUTION 78-276
July 6, 1978
RESOLUTION AUTHOR;ZING THE PURCHASE OF LAND BY
CITY - Lots 17, 18 and 19, Block 9, Whipple
The vote was unanimously in favor.
Right-of-Way Request - Lots 1, 2 and 3, Blocks 1 and 2, Halsted View
Mr. Brandenburg's Attorney, Don Ardery, is present now.
Fenstad moved and Swenson seconded a motion to remove from table.
imously in favor.
Swenson moved and Lovaasen seconded a motion
RESOLUTION 78-277 RESOLUTION TO DENY REQUEST AND NOT ALLOW THE 20
FOOT EASEMENT - Blocks 1 and 2, Halsted View
Discussed. Attorney recommended, if property owners of Lots 4 and 5, Brandenburg,
and Lots 8, 9 and 10 (property to east) desire an extension of road, that they pet-
ition for street and utilities and request Council to order feasibility report.
The vote on the motion was unanimously in favor of denial.
Fenstad moved and Swenson seconded a motion to table this matter.
imously in favor.
The vote was unan-
RESOLUTION 78-279
The vote was unanimously in favor.
TUXEDO STREET IMPROVEMENT
RESOLUTION APPROVING THE PLANS AND SPECIFICATIONS
FOR SIDEWALK REPLACEMENT AND CONSTRUCTION AND
ORDERING ADVERTISING FOR BIDS
City Engineer, William McCombs, presented a tabulation sheet on bids and a letter
stating State Highway Department approves the project as MSA street.
Lovaasen moved and Fenstad seconded a motion
RESOLUTION ACCEPTING THE PRELIMINARY REPORT AND
CALL FOR A PUBLIC HEARING WITH DATE SET FOR JULY
18 ON BARTLETT BOULEVARD DRAINAGE
Swenson moved and Fenstad seconded a motion
The vote was unanimously in favor.
SIDEWALK REPLACEMENT AND CONSTRUCTION
BARTLETT BOULEVARD DRAINAGE
Fenstad moved and Polston seconded a motion
RESOLUTION 78-278
The vote was unan-
June 6, 1978
RESOLUTION 78-280
O97
RESOLUTION ACCEPTING THE BIDS FOR THE TUXEDO
ROAD STR£ET IMPROVEMENT AND AWARDING THE CON-
TRACT TO THE LOW BIDDER, BUFFALO BITUMINOUS,
INC. FOR THE AMOUNT OF $317,436.40.
The vote was unanimously in favor.
TUXEDO STREET WIDENING AND GUARD RAIL (AT MANCHESTER)
Engineer requested approval of plans and specifications on Safety Improvement
of Tuxedo Road at Manchester.
Swenson moved and Fenstad seconded a motion
RESOLUTION 78-281 RESOLUTION APPROVING THE PLANS AND SPECIFICA-
TIONS FOR TUXEDO ROAD STREET WIDENING AND GUARD
RAIL (AT MANCHESTER) AND ORDERING ADVERTISING
FOR BIDS
The vote was Swenson, Fenstad and Lovaasen~- Aye; Polston - Nay; Motion carries.
1978 STREET IMPROVEMENT
City Engineer requested some changes in the street right-of-way because of
problems they have found in laying out the street and asked for authorization
of the following:
Corner of Ashland & Lynwood - Rininger Property
Fenstad moved and Polston seconded a motion
RESOLUTION 78-282 RESOLUTION AUTHORIZING ASHLAND STREET TO BE
SHIFTED 4 FEET TO WEST BY LOTS 12, 13 and 14,
Block 8, A. Lincoln Addn. Lakeside Park.
The vote was unanimously in favor.
2216 Noble Lane - Hofteig Property
Lovaasen moved and Fenstad seconded a motion
RESOLUTION 78-283 RESOLUTION AUTHORIZING ROAD BE MOVED 3 FEET
WEST - LOTS 16, 17 and PART OF 15, BLOCK 6,
A. Lincoln Addn. Lakeside Park
The vote was unanimously in favor.
Discussed right-of-way location by Tyrone Park. Mr. and Mrs. Owen Good and
Mr. and Mrs. Herb Andersen were present regarding the street improvement.
Council requested Engineer to work out recommendation and bring back next
week.
Also discussed pathway to lake by Galway Road.
098
Soil Erosion
Swenson moved and Fenstad seconded a motion
RESOLUTION 78-284
June 6, 1978
RESOLUTION AUTHORIZING STORM SEWER AND RIP RAP
BE EXTENDED ON MANCHESTER TO PREVENT SOIL ERO-
SION
RESOLUTION 78-287
The vote was unanimously in favor.
RESOLUTION TO CONCUR WITH THE PARK COMMISSION AND
DENY REQUEST TO USE COMMONS AT MOUND BAY PARK FOR
PLANE TURNAROUND
RESOLUTION 78-288
Steps on Brighton Commons at 4991 Brighton
Fenstad moved and Polston seconded a motion
RESOLUTION TO CONCUR WITH THE PARK COMMISSION AND
GRANT A PERMIT FOR STEPS ON BRIGHTON COMMONS UP
TO FIVE YEARS AND RENEWABLE PROVIDING HAND RAILS
ARE CONSTRUCTED
The vote was Fenstad, Polston and Lovaasen - Aye; Swenson - Nay; motion carries.
Fence on Commons at 2845 Cambridge
Dr, Koepke was present. Fence constructed in August 1977; Class C Shoreline.
The vote was unanimously in favor.
Flying Cloud Air Service
Fenstad moved and Polston seconded a motion
The vote was unanimously in favor.
COMMONS MAINTENANCE PERMITS
Seaplane Ramp
Lovaasen moved and Polston seconded a motion
RESOLUTION 78-285 RESOLUTION DENYING RECOMMENDATION AND RULE SEA-
PLANE HAS NO PLACE ON PUBLIC LAND
Reasons given by Council members were as follows: Against public safety and welfare,
not safe, too close to Wychwood Bridge, no controlled landing strip, taking up too
much public land.
Upon roll call vote, the vote was unanimously in favor of the denial.
Flower Garden and Pool
Swenson moved and Lovaasen seconded a motion
RESOLUTION 78-286
RESOLUTION TO CONCUR WITH THE PARK COMMISSION AND
DENY PERMIT FOR FLOWER GARDEN AND SMALL POOL
June 6, 1978 099
Swenson moved and Polston seconded a motion
RESOLUTION 78-289 RESOLUTION CONCURRING WITH THE PARK COMMIS-
SION AND DENY REQUEST FOR FENCE ON COMMONS.
The vote was unanimously in favor.
Stairway - 2845 Cambridge Lane
Fenstad moved and Lovaasen seconded a motion
RESOLUTION 78-290 RESOLUTION TO CONCUR WITH THE PARK COMMISSION
AND GRANT A MAINTENANCE PERMIT FOR STAIRWAY
ON THE COMMONS BY 2845 Cambridge Lane - UP TO
5 YEARS AND RENEWABLE
Fenstad, Polston and Lovaasen - Aye; Swenson - Nay; motion
The vote was:
carries.
Stairs & Shed - 2855 Cambridge Lane
Polston moved and Fenstad seconded a motion
RESOLUTION 78-291 RESOLUTION TO CONCUR WITH PARK COMMISSION AND
GRANT MAINTENANCE PERMIT UP TO 5 YEARS AND RE-
NEWABLE FOR STAIRS AND SHED ON COMMONS AT 2855
CAMBRIDGE LANE
The vote was Fenstad, Polston and Lovaasen - Aye; Swenson - Nay; motion carries.
Lake Access Grading Permit
Pat Furlong,owner of Lots 11 and 12, Skarp and Lindquist's Glen Arbor, was
present.
Polston moved and Fenstad seconded a motion
RESOLUTION 78-292 RESOLUTION TO CONCUR WITH PARK COMMISSION AND
ALLOW GRADING AND SEEDING OF LAKE ACCESS AD-
JACENT TO LOT 11, Skarp and Lindquist's Glen
Arbor
The vote was unanimously in favor.
Dock Permit List No. 4 - Addendum #3
Fenstad moved and Polston seconded a motion
RESOLUTION 78-293 RESOLUTION APPROVING DOCK PERMIT LIST NO. 4
The vote was unanimously in favor.
Comments and Suggestions by Citizens Present
No one present wished to be heard.
lO0
Police Facilities
June 6, 1978
Swenson moved and Polston seconded a motion to table. The vote was unanimously in
favor.
Club License Renewals
Fenstad moved and Swenson seconded a motion
RESOLUTION 78-294
The vote was unanimously in favor.
Wine License Renewal
RESOLUTION APPROVING RENEWAL OF CLUB LIQUOR
LICENSES FOR MINNETONKA POST 398 AMERICAN LEGION
AND V.F.W. POST 5113
Swenson moved and Fenstad seconded a motion
RESOLUTION 78-295 RESOLUTION APPROVING RENEWAL OF WINE LICENSE FOR
AL AND ALMA'S
NO PARKING ORDINANCE
Swenson moved and Polston seconded a motion to ordain the following ordinance:~
ORDINANCE NO. 381
ORDINANCE ADDING SUBSECTION 55 TO SECTION 46.29 SUBDI~flSION
(b) OF THE CITY CODE PROHIBITING PARKING ON HIGHLAND BOULE-
VARD AND ON PUBLIC PARK AREA
The City of Mound does ordain:
Subsection 55 is hereby added to Section 46.29 (b) of the City Code and shall
read as follows:
55. No parking on the East side of Highland Boulevard abutting the public park
located east of Highland Boulevard and just north of Idlewood Drive and
also prohibiting parking on the park property hereindescribed located in
Block 2, The Highlands.
The vote was unanimously in favor; whereupon said Ordinance 381 is hereby ordained.
FLOOD PLAIN ORDINANCE
Swenson moved and Polston seconded a motion to table. The vote was unanimously in
favor.
Voter Registration
Fenstad moved and Polston Seconded a motion
RESOLUTION 78-296 RESOLUTION TO CONCUR WITH THE STAFF RECOMMENDA-
TION THAT VOTER REGISTRATION FILES STAY IN MOUND.
The vote was unanimously in favor.
June 6, 1978
IMPROVEMENT BONDS 1965, 2nd Issue - Lost ~Coupo.n.
Fenstad moved and Polston seconded a motion
RESOLUTION 78-297 RESOLUTION AUTHORIZING THE ISSUANCE OF A NEW
COUPON FOR BOND 226, IMPROVEMENT BOR~, OF 1965,
SECOND ISSUE.
The vote was unanimously in favor.
COUNTY ENERGY FUND
Lovaasen moved and Swenson seconded a motion.
RESOLUTION 78-298 RESOLUTION ADOPTING A RESOLUTION TO SUPPORT
THE COUNTY'S APPLICATION FOR A DEPARTMENT OF
ENERGY PLANNING GRANT AND TO COOPERATE WITH
THE PROGRAM: AND DESIGNATES CITY MANAGER AS
CONTACT PERSON
The vote was unanimously in favor.
COUNTY HOUSING IMPROVEMENT PROGRAM
Polston moved and Swenson seconded a motion
RESOLUTION 78-299 RESOLUTION REQUESTING HENNEPIN COUNTY TO APPLY
FOR MINNESOTA HOUSING FINANCE AGENCY HOME IM-
PROVEMENT GRANT FUNDS FOR IMPLEMENTATION WITHIN
THE CITY OF MOUND
The vote was unanimously in favor
TRANSFER OF FUNDS
Swenson moved and Polston seconded a motion
RESOLUTION 78-300 RESOLUTION TO AUTHORIZE THE TRANSFER OF CER-
TAIN CITY FUNDS
The vote was unanimously in favor.
PAYMENT OF BILLS
Swenson moved and Fenstad seconded a motion to approve the payment of bills
presented on the prelist in the amount of $93,978.86 where funds are avail-
able. Roll call vote was unanimously in favor.
Discussed
Wychwood Bridge
L .M.C .D.
Councilman Fenstad recommended payment of the LMCD dues; discussed finding
out future plans and actions of the LMCD. Council requested Mayor write a
letter and put on June 27th Agenda.
102
Councilman Fenstad resigned as Hound's delegate to the LHCD.
ADJOURNHENT
June 6, 1978
Fenstad moved and Swenson seconded a motion to adjourn to the next regular meeting
on June 13, 1978 at 7:30 p.m. The vote was unanimously in favor, so adjourned.
Attest:
Marjo~ie Stutsman, Acting City Clerk
rd L. Kopp, City Manager~ ~'