1978-12-12December 12, 1978 194
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 December 12, 1978 at 7:30 p.m.
Those present were: Mayor Tim Lovaasen, Councilmembers Robert Polston, Orval
Fenstad, Benjamin Withhart and Gordon Swenson. Also present were City Manager
Leonard L. Kopp, City Attorney Curtis A. Pearson, Assistant City Engineer Lyle
Swanson and City Clerk Mary H. Marske.
MINUTES
The minutes of the meeting of December 5, 1978 were presented for consideration.
Swenson moved and Fenstad seconded a motion to approve the minutes of the meet-
ing of December 5, 1978 as submitted. The vote was unanimously in favor.
The minutes of the meeting of December 6, 1978 were presented for consideration.
Fenstad moved and Lovaasen seconded a motion to approve the minutes of the meet-
ing of December 6, 1978 as submitted. The vote was unanimously in favor.
AL AND ALMA'S SPECIAL USE PERMIT-PUBLIC HEARING CONTINUED
The Mayor then re-opened the public hearing for input on said special use permit
and persons present to~do so were afforded an opportunity to express their views
thereon. The following persons offered comments or questions:
Jim Reagan, 5334 Piper Road
The Mayor then closed the public hearing.
Fenstad moved and Withhart seconded a motion to continue this meeting to May 8,
1979 and return the matter to the Planning Commission with a new parking plan
with public notice being issued prior to resubmission to the Council. The vote
was unanimously in favor.
PLANNING COMMISSION MINUTES
Lot 6 and 7, Block 3, Pembroke-Side Yard Variance
Polston moved and Fenstad seconded a motion
RESOLUTION 78-569 RESOLUTION TO CONCUR WITH THE RECOM-
MENDATION OF THE PLANNING COMMISSION
TO GRANT THE SIDE YARD VARIANCE AS
REQUESTED.
The vote was unanimously in favor.
Lots 6-9, Inclusive and 30-36, Inclusive Block 10, Seton Subdivision of Land
Fenstad moved and Swenson seconded a motion
RESOLUTION 78-570 RESOLUTION TO CONCUR WITH THE RECOM-
MENDATION OF THE PLANNING COMMISSION
TO GRANT THE SUBDIVISION OF LAND AS
REQUESTED.
The vote was unanimously in favor.
Lots 8 and 14, Block 24, Whipple-Street Front and Side Yard Variance
Swenson moved and Polston seconded a motion
RESOLUTION 78-571 RESOLUTION TO CONCUR WITH THE RECOM-
195 December 12, 1978
The vote was unanimously in favor.
MENDATION OF THE PLANNING COMMISSION
TO GRANT THE STREET FRONT AND SIDE YARD
VARIANCE AS REQUESTED.
Sign Variance-Lots 1,2,3 and 4, Block 3, Shirley Hills Unit F
Withhart moved and Fenstad seconded a motion
RESOLUTION 78-572 RESOLUTION TO CONCUR WITH THE RECOMMEN-
DATION OF THE PLANNING COMMISSION TO
GRANT THE SIGN VARIANCE FOR A TWO FOOT
BY TWENTY FOOT SIGN AND A THREE FOOT BY
SEVEN FOOT SIGN STIPULATING NO LIGHTS ON
SIGNS SHALL CAST DIRECT LIGHT ON SURROUND-
ING PROPERTY.
The vote was unanimously in favor.
APPEAL OF VARIANCE DENIAL
Fenstad moved and Swenson seconded a motion to continue this item until the meeting
of December 19, 1978. The vote was unanimously in favor.
RADIO BIDS-FIRE DEPARTMENT
Polston moved and Fenstad seconded a motion
RESOLUTION 78-573
The vote was unanimously in favor.
RESOLUTION AUTHORIZING PURCHASE OF RADIOS
FOR THE FIRE DEPARTMENT FROM THE LOW BIDDER-
AIR COMM, INC. IN THE AMOUNT OF $1,516.72
TAX FORFEIT LAND
Lovaasen moved and Swenson seconded a substitute motion directing the City staff to
contact the County and State regarding the price of property (Lot 1, Block 24, Shady-
wood Point) then contact the owner of Lot 2 and see if a purchase agreement can be
worked out for the City to recover its costs plus cost of administration and legal fees.
The vote was unanimously in favor.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
Richard Hawks, 5072 Commerce, raised a question on parlimentary procedure.
Owen Good, 2700 Tyrone, raised a question on winter parking.
WINTER PARKING VARIANCES
2700 Tyrone
Polston moved and Fenstad seconded a motion
RESOLUTION 78-574
The vote was unanimously in favor.
RESOLUTION TO CONCUR WITH RECOMMENDA-
TION OF PUBLIC WORKS DIRECTOR TO ALLOW
THE PARKING VARIANCE FOR THIS WINTER
FOR 2700 TYRONE.
3301 Warner Lane
Withhart moved and Swenson seconded a motion
RESOLUTION 78-575 RESOLUTION TO CONCUR WITH THE RECOM-
MENDATION OF THE PUBLIC WORKS DIRECTOR
TO DENY THE PARKING VARIANCE AT 3301
W~RNER LANE.
The vote was unanimously in favor.
December 12, 1978 196
STREET CONSTRUCTION CONTRACT EXTENSION
Fenstad moved and Withhart seconded a motion
RESOLUTION 78-576 RESOLUTION TO CONCUR WITH RECOMMENDA-
TION OF THE CITY ENGINEER TO ALLOW AN
EXTENSION OF THE STREET CONSTRUCTION
CONTRACT TO JULY 1, 1979.
The vote was three in favor with Swenson and Polston voting nay.
STREET CONSTRUCTION CONTRACT RETAINAGE REDUCTION
Lovaasen moved and Swenson seconded a motion
RESOLUTION 78-577
The vote was unanimously in favor.
POLICE RESERVE COMMENDATION
Polston moved and Fenstad seconded a motion
RESOLUTION 78-578
The vote was unanimously in favor.
SEAL COAT BIDS
Fenstad moved and Withhart seconded a motion
RESOLUTION 78-579
The vote was unanimously in favor.
TRANSFER OF FUNDS
Swenson moved and Polston seconded a motion
RESOLUTION 78-580
The vote was unanimously in favor.
PAYMENT OF BILLS
RESOLUTION TO WITHHOLD 10% OF THE CON-
TRACT PAYMENT DUE TO ONLY 50% OF COM-
PLETION OF PROJECT.
RESOLUTION COMMENDING THE MOUND POLICE
RESERVES.
RESOLUTION AUTHORIZING THE MAYOR AND
MANAGER TO SIGN THE BOND FOR A CERTI-
FIED CHECK ON A BID DEPOSIT FOR SKEETS
HELD, INC.
RESOLUTION AUTHORIZING TRANSFER OF
CERTAIN CITY FUNDS.
Fenstad moved and Withhart seconded a motion to approve payment of the bills as
submitted on the prelist in the amount of $272,901.85. Roll call vote was unan-
imously in favor.
RECOVERY OF DOG IMPOUNDMENT COSTS
The Council directed the City Manager to request the attorney to proceed on this
case.
GAMBLING ORDINANCE
Withhart moved and Swenson seconded a motion
RESOLUTION 78-581 RESOLUTION PROVIDING FOR A PUBLIC
HEARING REGARDING THE GAMBLING ORDI-
NANCE TO BE HEARD JANUARY 23, 1979 AT
7:30 P.M.
The vote was unanimously in favor.
197
COMMITTEE REPORT
Withhart moved and Lovaasen seconded a motion
RESOLUTION 78-582
The vote was unanimously in favor.
FLASHING LIGHTS-COMMERCE AT LYNWOOD
December 12, 1978
RESOLUTION RE-APPOINTING KATHY BAILEY
AND PAT SHAY TO THE PARK COMMISSION WITH
TERMS EXPIRING DECEMBER 31, 1981.
The Council requested the City Manager contact the County regarding installation of
flashing lights at the pedestrian crossing on Commerce and report back to the Council.
COMMENDATION OF POLICE DEPARTMENT
Councilmember Polston commended the Police Department for a job well done regarding
the handling of an increased activity load.
CONTINENTAL TELEPHONE UPDATE
The City Attorney briefly presented an update on the Continental Telephone case.
ADJOURNMENT
Swenson moved and Fenstad seconded a motion to adjourn to the next regular meeting on
December 19, 1978 at 7:30 p.m. The vote was unanimously in favor so adjourned.
' M~ry'H. Marske, City Clerk/Treasurer
Leonard L. Kopp, City Ma~a~ger