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1978-12-19December 19, 1978 198 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 19, 1978 at 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Robert Polston, Benjamin Withhart, Orval Fenstad and Gordon Swenson. Also present were City Manager Leonard L. Kopp, City Engineer William McCombs, City Attorney Curtis A. Pearson and City Clerk Mary H. Marske. "ORV FENSTAD" DAY Lovaasen moved and Polston seconded a motion RESOLUTION 78-583 RESOLUTION DECLARING DECEMBER 19, 1978 "ORV FENSTAD" DAY. The vote was unanimously in favor. MINUTES The minutes of the meeting of December 12, 1978 were presented for consideration. Withhart moved and Swenson seconded a motion to approve the minutes of the meet- ing of December 12, 1978 as submitted. The vote was unanimously in favor. PUBLIC HEARING Special Use Permit - Repair Garag.9 The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said special use permit. 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 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: Robert Conkey, 3026 Commerce Boulevard (presented petition) Charles Bidwell, proponent The Mayor then closed the public hearing. Withhart moved and Fenstad seconded a motion to table until the City Attorney arrives at 9:30 p.m. The vote was unanimously in favor. PLANNING COMMISSION RECOMMENDATIONS Subdivision of Land-Lot 17 thru 24 and Parts of Lots 25, 26, 27 and 28, A.S. 168 Withhart moved and Polston seconded a motion RESOLUTION 78-584 RESOLUTION TO CONCUR THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIVISION WITH CERTAIN STIPULATIONS AS SUBMITTED ON PLAN A. The vote was unanimously in favor. Non-Conforming Use-Lot 8, Block 3, L.P. Crevier's Subdivision of Lot 36 Swenson moved and Fenstad seconded a motion RESOLUTION 78-585 RESOLUTION TO CONCUR WITH THE RECOMMENDA- TION OF THE PLANNING COMMISSION TO APPROVE A NON-CONFORMING USE AS REQUESTED. The vot~ was four in favor with Withhart voting nay. 199 December 19, 1978 Side Yard Variance- Part of Blocks 1 and 2, Shirley Hills Unit C Polston moved and Withhart seconded a motion RESOLUTION 78-586 RESOLUTION TO CONCUR WITH THE RECOMMENDA- TION OF THE PLANNING COMMISSION TO APPROVE A SIDE YARD VARIANCE OF 3.2 FEET The vote was unanimously in favor. Subdivision of Land and Side Yard Variance-Lots 4-7 and 12-15, Block 9, Seton Polston moved and Swenson seconded a motion RESOLUTION 78-587 RESOLUTION TO CONCUR WITH THE RECOMMENDA- TION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIVISION OF LAND AND SIDE YARD VARIANCE WITH CERTAIN STIPULATIONS REGARD- ING ASSESSMENT DEFICIENCIES AND WAIVE PARK DEDICATION. The vote was unanimously in favor. Subdivision of Land-Lot 4, Block 2, Wychwood Withhart moved and Swenson seconded a motion RESOLUTION 78-588 RESOLUTION TO CONCUR WITH THE RECOMMENDA- TION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIVISION OF LAND CONTINGENT ON SETTLE- MENT OF ADJOINING LOT COMBINATION AND WAIVE PARK DEDICATION. The vote was unanimously in favor. Subdivision of Land, Lots 34, 35 and 36, Block 10, Arden Withhart moved and Fenstad seconded a motion RESOLUTION 78-589 RESOLUTION TO CONCUR WITH THE RECOMMENDA- TION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIVISION WITH CERTAIN STIPULATIONS REGARDING ASSESSMENT DEFICIENCIES. The vote was unanimously in favor. APPEAL - VARIANCE Withhart moved and Swenson seconded a motion to table this item until the attorney arrives. The vote was unanimously in favor. STATE AID CONSTRUCTION PROGRAM Withhart moved and Swenson seconded a motion RESOLUTION 78-590 RESOLUTION TO ADOPT PLAN AS SUBMITTED BY THE CITY ENGINEER AND AMENDED REGARDING THE STATE AID CONSTRUCTION PROGRAM. The vote was unanimously in favor. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Richard Hawks, 5072 Commerce Boulevard commented on variancesfor upgrading properties. DOCK FEES Polston moved and Withhart seconded a motion to ordain that the following Section 26.9307, as amended, be added to the City Code as Ordinance No. 390. December 21, 1978 200 ORDINANCE NO. 390 AN ORDINANCE AMENDING SECTION 26.9307 OF THE CITY CODE, RELATING TO LICENSE FEES FOR DOCKS AND BOATHOUSES The City of Mound does ordain: Section 26.9307 of the City Code is amended to read as follows: License Fee. The annual license fee shall be as Section 26.9307. follows: Straight Dock L, U and T Docks $25.00 $4.50per front foot based on width at widest point of dock Boathouses .30 cents per square foot based on outside dimensions with a minimum fee of $65. per year. This fee includes a fee for a straight dock. L, U and T docks shall be at the above stated rates, less a credit for the license fee applicable for a straight dock. Residents of the City of Mound 65 years of age or older shall pay 50% of the required license fee for a straight dock. A full license fee shall be charged to all persons for all L, T or U docks and boathouses. Roll call vote was four in favor with Swenson voting naylso ordained. PUBLIC HEARING-SPECIAL USE PERMIT-REPAIR GARAGE Fenstad moved and Swenson seconded a motion to return the Special Use Permit to the table. The vote was unanimously in favor. Polston moved and Withhart seconded a motion RESOLUTION 78-591 RESOLUTION TO CONCUR WITH THE RECOMMENDA- TION OF THE PLANNING COMMISSION TO APPROVE THE SPECIAL USE PERMIT WITH CERTAIN STIP- ULATIONS. Roll Call was three in favor with Fenstad and Swenson voting nay. APPEAL-VARIANCE Polston moved and Fenstad seconded a motion to return the Appeal Variance to the table. The vote was unanimously in favor. Polston moved and Fenstad seconded a motion , RESOLUTION 78-592 RESOLUTION TO APPROVE THE VARIANCE AS APPEALED INCORPORATING THE BUILDING PLAN AS SUBMITTED TO THE PLANNING COMMISSION AND COUNCIL STIPULATING THAT SUCH PLAN MEET ALL REQUIRED SETBACKS. The vote was unanimously in favor. NORTHERN STATES POWER FRANCHISE Lovaasen moved and Withhart seconded a motion to ordain that the following section be added to the City Code as Ordinance No. 391. 201 December 19, 1978 ORDINANCE NO. 391 "AN ORDINANCE GRANTING TO NORTHERN STATES POWER COMPANY, A MINNESOTA CORPORATION, ITS SUCCESSORS AND ASSIGNS, PERMISSION TO CONSTRUCT, OPERATE, REPAIR, AND MAINTAIN, IN THE CITY OF MOUND, MINNESOTA, AN ELECTRIC DISTRIBUTION SYSTEM AND TRANSMISSION LINES, INCLUDING NEC- ESSARY POLES, POLE LINES, AND FIXTURES AND APPURTENANCES; FOR THE FURNISHING OF ELECTRIC ENERGY TO THE CITY AND ITS INHABITANTS, AND OTHERS, AND TO USE THE STREETS, ALLEYS, PUBLIC WAYS AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES" Ordinance in entirety to be found in ordinance book. The vote was unanimously in favor~ so ordained. ADMINISTRATIVE CODE Polston moved and Withhart seconded a motion RESOLUTION 78-593 RESOLUTION TO ADOPT RECOMMENDED CHANGES IN THE ADMINISTRATIVE CODE AS SUBMITTED BY THE CITY MANAGER. The vote was unanimously in favor. H.U.D. APPLICATION Lovaasen moved and PolSton seconded a motion RESOLUTION 78-594 RESOLUTION AUTHORIZING SUBMISSION OF THE H.U.D. APPLICATION AND DESIGNATING ALLOCA- TIONS OF THOSE FUNDS. The vote was unanimously in favor. NEW FIRE TRUCK Polston moved and Withhart seconded a motion RESOLUTION 78-595 RESOLUTION AUTHORIZING THE TRANSFER OF $12,263.75 FROM THE LIQUOR FUND TO THE FIRE CAPITAL OUTLAY FUND. The vote was unanimously in favor. TRANSFERS Polston moved and Fenstad seconded a motion RESOLUTION 78-596 RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN CITY FUNDS. The vote was unanimously in favor. PAYMENT OF BILLS Fenstad moved and Withhart seconded a motion to approve payment of the bills as sub- mitted on the prelist in the amount of $103,500.05 where funds are available. The vote was unanimously in favor. PARKING VARIANCE Fenstad moved and LoYaasen seconded a motion RESOLUTION 78-597 RESOLUTION TO CONCUR WITH THE RECOMMENDA- TION OF THE PUBLIC WORKS DIRECTOR TO DENY THE PARKING VARIANCE AT 2155 CARDINAL LANE. The vote was unanimously in favor. December 19, 1978 202 USE OF ISLAND PARK HALL The Council requested the staff submit a suggested policy regarding use of public buildings and directed that the E1 Shaddai church be charged $20.00 per week for the use of the Island Park Hall. The vote was unanimously in favor. JOINT AGREEMENT-COMMUNITY SERVICE Councilmember Withhart reported that the Park Commission recommends continued negotiotions regarding Youth Employment Services and Ice Rink Supervision by Community Services. WELCOME SIGN Fenstad moved and Swenson seconded a motion RESOLUTION 78-598 RESOLUTION APPROVING THE DESIGN OF "WEL- COME TO MOUND" SIGNS. The vote was unanimously in favor. ADJOURNMENT Withhart moved and Fenstad seconded a motion to adjourn to the next regular meet- ing on January 2, 1979 at 7:30 p.m. The vote was unanimously in favor, so adjourn- ed. Mar'y F~ Marsk~, City Clerk/Treasurer I[eo~ard L. Kopp, '[Yi'ty'Hana~g~ ~'