1978-09-05142
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 September 5, 1978 at 7:30 p.m.
Those present were: Mayor Tim Lovaasen, Councilmembers Orval Fenstad, Gordon
Swenson and Benjamin Withhart. Also present were City Manager, Leonard L. Kopp,
City Attorney Curtis A. Pearson, City Engineer Wm. Mc Combs and Mary H. Marske.
(Councilman Robert Polston was absent and excused)
MINUTES
The minutes of the Council Meeting of July 25, 1978 were presented for considera-
tion. Fenstad moved and Swenson seconded a motion approving the minutes of the
meeting of July 25, 1978 as submitted. The vote was unanimously in favor.
The minutes of the Council Meeting of August 1, 1978 were presented for considera-
tion. Withhart moved and Fenstad seconded a motion approving the minutes of the
meeting of August 1, 1978 as submitted. The vote was unanimously in favor.
The minutes of the Council Meeting of August 8, 1978 were presented for considera-
tion. Swenson moved and Fenstad seconded a motion approving the minutes of the
meeting of August 8, 1978 as submitted. The vote was unanimously in favor.
Councilmember Fenstad requested the minutes be submitted more promptly.
Mr. Rock Lindlan introduced William "Bill" Savage, candidate for Representative of
District 42A. Mr. Savage encouraged all in attendance to vote in the Primary Elec-
tion of September 12, 1978.
PUBLIC HEARING - PROPOSED ORDINANCE AMENDMENT
The City Clerk presented an affidavit of.publication in the official newspaper of
the notice of public hearing on said proposed ordinance amendment. 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 proposed ordinance amend-
ment 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 hear-
ing.
ORDINANCE 385
AN ORDINANCE AMENDING SECTION 22.40 SUBDIVISIONS (f) AND (g)
AND SECTION 23.50 SUBDIVISION (f) INCREASING FEES FOR WAIVERS
AND VARIANCES
The City of Mound does ordain:
Section 22.40 Subdivisions (f) and (g) are amended to read as follows:
(f)
All applications for waivers or variances of the platting
code shall be accompanied by a fee of $~5~8e $25.00.
(g)
Applications for waivers of lot divisions without going through
the subdivision process shall be accompanied by a minimum fee
of $~5z$8 $25.00 plus $5.00 for each lot in excess of two lots
143 September 5, 1978
being either divided or combined with a maximum fee payable
on such divisions or consolidations not to exceed $50.00.
Section 23.50 Subdivision (f) is amended to read as follows:
(f) Waivers or Variances. Any application for waivers or var-
iances under the provisions of the Zoning Code shall require
the applicant to pay a fee of $~5~eO $25.00 upon a filing of
an application and the applicant shall provide the City with
a survey by a registered land surveyor and a plot plan show-
ing the location of all proposed improvements and the loca-
tion of any structures on the property before the matter is
referred to the Planning Commission for its advice and recom-
mendation. All variances shall be subject to the standards
established in Section 26.995 of the City Code.
The vote was unanimously in favor, so ordained.
PUBLIC HEARING - CONDITIONAL USE PERMIT - SURFSIDE
The Mayor reopened the public hearing regarding the conditional use permit for
the Surfside as continued from the meeting of August 22, 1978.
The following persons offered comments or questions:
John Wagman, 5459 Bartlett Blvd.
Donald Le Sage, 4451Wilshire Blvd.
Swenson moved and Fenstad seconded a motion to table this item until later in
the agenda. The vote was unanimously in favor.
PLANNING COMMISSION RECOMMENDATIONS
Expansion of Non-Conforming Use - Lot 10 & Part of Lot 8, Block 1, Linden Heights
Withhart moved and Swenson seconded a motion
RESOLUTION 78-420 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE
PLANNING COMMISSION TO GRANT A 5 FOOT 9 INCH SIDE
YARD SETBACK AND A 6 FOOT FRONT YARD VARIANCE.
The vote was unanimously in favor.
Side Yard Variance - Lot 15 and Part of 14, Block 13, The Highlands
Withhart moved and Fenstad seconded a motion
RESOLUTION 78-421 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF
THE PLANNING COMMISSION GRANTING A 6 FOOT SIDE
YARD VARIANCE.
The vote was unanimously in favor.
Street Front Variance - Lot 17 & 18, Block 4, A.L. Crocker's Lakeside Park
Withhart moved and Lovaasen seconded a motion to convur with the recommenda-
tion of the Planning Commission.
The vote was Lovaasen and Withhart in favor with Fenstad and Swenson voting
nay, no action.
September 5, 1978 144
Swenson moved and.Fenstad seconded a motion to table consideration of this item
at this time.
The vote was unanimously in favor.
Storage Trailer Permit - Lots 3 thru 18, Block 8, Avalon
Fenstad moved and Swenson seconded a motion
RESOLUTION 78-422 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF
THE PLANNING COMMISSION TO EXTEND THE STORAGE
TRAILER PERMIT TO DECEMBER 31, 1978.
The vote was unanimously in favor.
Lake Front Variance - Non-Conforming Use - 5316 Three Points Blvd.
Withhart moved and Swenson seconded a motion
RESOLUTION 78-423 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE
PLANNING COMMISSION GRANTING THE LAKE FRONT VARIANCE
ALLOWING CONSTRUCTION OF A SECOND FLOOR AND WAIVE
THE UNDERSIZED LOT FOR CONSTRUCTION OF A GARAGE.
The vote was Lovaasen, Swenson, Withhart in favor with Fenstad voting nay.
Special Use Permit - Snowmobile Sales and Repairs
Withhart moved and Lovaasen seconded a motion
RESOLUTION 78-424 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING
A SPECIAL USE PERMIT TO BE HEARD ON OCTOBER 3, 1978
at 7:30 P~M.
The vote was unanimously in favor.
Street Front Variance - Lot 20 & 21, Block 4, Shadywood Point
RESOLUTION 78-425 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE
PLANNING COMMISSION GRANTING A STREET FRONT VARIANCE
The vote was Lovaasen, Swenson, and Fenstad in favor with Withhart voting nay.
Change in Legal Description - Lots 1, 2~ 3, 4 & 5, Block 11, A.L. Crocker's Lakeside Pk
Lovaasen moved and Swenson seconded a motion
RESOLUTION 78-426 RESOLUTION AMENDING RESOLUTION 78-262 AND AUTHORIZ-
ING A CHANGE IN THE LEGAL DESCRIPTION THEREIN.
The vote was unanimously in favor.
Conditional Use Permit - Surfside
Withhart moved and Swenson seconded a motion
145
RESOLUTION 78-427
September 5, 1978
RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT
FOR CONSTRUCTION OF MULTIPLE DWELLING UNITS IN
SECTION 23 TOWNSHIP 117 RANGE 24, PLAT 61223 PAR-
CEL 0510, AT 2670 COMMERCE BOULEVARD, ALSO KNOWN
AS SURFSIDE.
The vote was unanimously in favor.
Withhart moved and Swenson seconded a motion
RESOLUTION 78-428
RESOLUTION GIVING PRELIMINARY APPROVAL TO A PRO-
POSED INDUSTRIAL DEVELOPMENT PROJECT BY SURFSIDE,
INC. UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT
ACT, AUTHORIZING SUBMISSION OF AN APPLICATION TO
THE COMMISSIONER OF SECURITIES FOR APPROVAL THERE-
OF AND AUTHORIZING THE PREPARATION OF DOCUMENTS
AND MATERIALS IN CONNECTION WITH THE PROJECT.
The vote was Lovaasen, Swenson and Withhart Tn favor and Fenstad voting nay.
PLANNING COMMISSION RECOMMENDATIONS
Rezoning of Property - C~un. ty Roads 110 and 44
Withhart moved and Swenson seconded a motion to return the question of rezoning
land at County Road 110 and 44 to the Planning Commission with a request that
the Planning Commission study and recommend to the Council the feasibility of
rezoning these lands to residential consistent with the City's Comprehensive
Plan. The Council also requests that the Planning Commission determine if the
existing zoning was a mistake and/or if conditions have changed in the area to
set forth reasons for their recommendation.
Sewer Backup Claim
The City Attorney suggested the resident submitting the claim file a claim with
the Municipal Sma1] Claims Court as the City's insurance company disclaims City
liability.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
John Brandenburg, 2567 Emerald Drive, questioned the placement of another item
on the agenda.
Oswin Pflug asked what progress is being made in revising the Commercial Property
Zoning.
Mrs. James Miller, 4781 Island View Drive, questioned what was being done about
Commons washouts.
BARBEQUES ON BALCONIES
The Council requested the City Attorney draft an amendment to the City Code
regarding use of barbeque grills on balconies.
September 5, 1978 146
STREET CONSTRUCTION
Langdon Lane Storm Sewer
Fenstad moved and Swenson seconded a motionaut~Hori~zi~g change order in the 1978
Street Construction Contract allowing a $840.00 deduct on Langdon Lane Storm Sewer.
The vote was unanimously in favor.
Denbigh Road Storm Sewer
Fenstad moved and Withhart seconded a motion authorizing a change order in the 1978
Street Construction Contract allowing a $1,050.O0 add-on for Denbigh Road Storm Sewer.
The vote was unanimously in favor.
The Council requested additional information from the Engineer by the next meeting
on other items.
PRELIMINARY REPORT - 1979 STREET CONSTRUCTION
The Council determined to place this item on the agenda of September 19, 1978.
ASSESSMENTS
Central Business District Parking Maintenance Assessment
Fenstad moved and Swenson seconded a motion
RESOLUTION 78-429 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING
THE C.B.D. PARKING MAINTENANCE ASSESSMENTS TO BE
HEARD ON SEPTEMBER 19, 1978 AT 7:30 P.M.
The vote was unanimously in favor.
Grandview-Lynwood Storm Sewer Assessment
Fenstad moved and Lovaasen seconded a motion
RESOLUTION 78-430 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING
THE GRANDVIEW-LYNWOOD STORM SEWER ASSESSMENT TO BE
HEARD ON SEPTEMBER 19, 1978 AT 7:30 P.M.
The vote was unanimously in favor.
PARK COMMISSION MINUTES
The Council determined to discuss dock permit fees at an upcoming budget meeting
and request the City Attorney draw an ordinance regarding sub-leasing of public
docks.
LICENSE AND PERMIT FEES
The Council determined to defer this item to a budget meeting.
DOCKS ON EMERALD DRIVE
Withhart moved and Swenson seconded a motion to accept the petition presented by
Don Brandenburg regarding docks on the channel along Emerald Drive and refer the
147 September 5, 1978
matter to the Park Commission for their recommendation.
The vote was unanimously in favor.
Swenson moved and Fenstad seconded a motion to disregard the time and proceed
to complete the agenda. The vote was unanimously in favor.
OFF DUTY POLICE - INFORMATION MEMO 78-101
The Council determined to refer this matter to the Police Commission Meeting
to be held September 13, 1978 at 7:30 P.M.
FLOOD INSURANCE - INFORMATION MEMO 78-102
The Council determined to ~efer this item to the agenda of September 19, 1978.
LIQUOR STORE DOOR REPAIR
Withhart moved and Swenson seconded a motion
RESOLUTION 78-431 RESOLUTION AUTHORIZING THE REPAIR OF THE AUTO-
MATIC DOOR AT THE LIQUOR STORE AT THE COST OF
$1476.OO AVAILABLE ONLY FROM ONE VENDOR
The vote was unanimously in favor.
ADJOURNMENT
Swenson moved and Fenstad seconded a motion to adjourn to the next regular meet-
ing on September 19, 1978 at 7:30 p.m.
The vote was unanimously in favor, so adjourned.
'"y H.#Marske,
City Clerk/Treasurer