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~ ~'