1979-11-13 REGULAR MEETING
OF THE
CITY COUNCIL
November 13, 1979
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 November 13, 1979 at 7:30 p.m.
Those present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Robert
Polston, Donald Ulrick and Benjamin Withhart.
Also present were City Manager Leonard L. Kopp, Assistant City Attorney
James D. Larson, City Engineer William McCombs and City Clerk Mary H. Marske.
MINUTES
The minutes of the meeting of October 23, 1979 were presented for consideration.
Polston moved and Ulrick seconded a motion to approve the minutes of October 23,
1979 as submitted. The vote was unanimously in favor.
The minutes of the meeting of November 6, 1979 were presented for consideration.
Swenson moved and Polston seconded a motion to approve the minutes of November 6,
1979 as submitted. The vote was unanimously in favor.
PUBLIC HEARING
Street Vacation - Portion of Kildare
The Mayor reopened the public hearing for input on said street vacation and
persons present to do so were afforded an opportunity to express their views
thereon. The following persons offered comments or questions:
Richard Payne, 4739 Kildare
The Mayor then closed the public hearing.
Swenson moved and Withhart seconded a motion
RESOLUTION 79-472 RESOLUTION AUTHORIZING THE VACATION OF 6 INCHES
ALONG THE SOUTHERLY LINE OF KILDARE ABUTTING
LOT 10, BLOCK 14, SETON
The vote was unanimously in favor.
Special Use Permit
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. No persons presented objections and the Mayor then closed the
public hearing.
Polston moved and Swenson seconded a motion
RESOLUTION 79-473 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF
THE PLANNING COMMISSION INCLUDING APPROVAL FOR
A WAREHOUSE.
The vote was unanimously in favor.
Delinquent Utility Bills
The Mayor opened the public hearing for input on said delinquent utility bills
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 hearing.
November 13, 1979
Polston moved and Swenson seconded a motion
RESOLUTION 79-4 74 RESOLUTION AUTHORIZING THE CITY STAFF TO
TURN OFF WATER SERVICE TO DELINQUENT
UTILITY ACCOUNTS.
The vote was unanimously in favor.
VARIANCE REQUEST - LOTS 10 & 11, BLOCK 14, SETON
Withhart moved and Polston seconded a motion
RESOLUTION 79-475 RESOLUTION TO CONCUR WITH THE RECOMMENDATION
OF THE PLANNING COMMISSION TO APPROVE THE
VARIANCE REQUESTED.
The vote was unanimously in favor.
PLANNING COMMISSION MINUTES
Non Conforming Use - Street Front & Side Yard Variance - Lot 20, Skarp & Lind-
quists Glen Arbor
Polston moved and Swenson seconded a motion
RESOLUTION 79-476 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF
THE PLANNING COMMISSION TO APPROVE THE NON
CONFORMING USE
The vote was unanimously in favor.
Vacation of Essex Lane - Manchester to Dorchester
Withhart moved and Swenson seconded a motion
RESOLUTION 79-477 RESOLUTION PROVIDING FOR A PUBLIC HEARING
ON THE VACATION OF ESSEX LANE TO BE HEARD
ON DECEMBER 11, 1979 AT 7:30 P.M.
The vote was unanimously in favor.
Street Front Variance - Lot 3, Block 4, Shirley Hills Unit A
Swenson moved and Polston seconded a motion
RESOLUTION 79-478 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF
THE PLANNING COMMISSION TO APPROVE THE STREET
FRONT VARIANCE.
The vote was unanimously in favor.
Subdivision of Land - Lot 6 thru 9 and 18 thru 21, Block 14, Avalon
Swenson moved and Polston seconded a motion
RESOLUTION 79-479 RESOLUTION TO CONCUR WITH THE RECOMMENDATION
OF THE PLANNING COMMISSION TO APPROVE THE
SUBDIVISION OF LAND
The vote was unanimously in favor.
Non Conforming Use - Lots 11 & 12, Block 2, Shadywood Point
Polston moved and Withhart seconded a motion
RESOLUTION 79-480 RESOLUTION TO CONCUR WITH THE RECOMMENDATION
OF THE PLANNING COMMISSION TO APPROVE THE
NON CONFORMING USE
Ulrick moved and Swenson seconded a motion to amend the resolution to stipulate
a letter of intent be submitted in lieu of the posting of bond. The vote on
the amendment was four in favor with Lovaasen voting nay.
The vote on the resolution as amended was unanimously in favor.
November 13, 1979
Street Front Variance - Lot 2, Block 3, The Bluffs
Withhart moved and Swenson seconded a motion to deny the requested variance.
The vote was unanimously in favor.
Subdivision of Land - Lots 10, 11 and Part of Lot 8, Block 5, A.Lincoln Addn
to Lake Side Park
Polston moved and Withhart seconded a motion
RESOLUTION 79-481 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE
PLANNING COMMISSION INCLUDING THE GARAGE SIZE
APPROVAL
The vote was unanimously in favor.
Sign Variance - Lot 5-11 Incl. 14-19, Block 1, Shirley Hills Unit A
Swenson moved and Lovaasen seconded a motion
RESOLUTION 79-48~ RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE
PLANNING COMMISSION TO APPROVE THE SIGN VARIANCE
The vote was unanimously in favor with Councilmember Withhart voting in favor
of a sign variance for the first time since taking his Council seat.
Street Front Variance - Lot 8, Skarp & Lindquists Ravenswood
Withhart moved and Polston seconded a motion to continue this item to the
November 27, 1979 meeting and request the engineer determine the impact of
this request in regard to street construction and research the history of the
property. The vote was three in favor with Swenson and Ulrick voting nay.
Street Vacation Part of Hampton Road between Lot 1, Block 9 and Lot 7, Block 10
Pembroke
Withhart moved and Swenson seconded a motion
RESOLUTION 79-483 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING
THE VACATION OF PART OF HAMPTON ROAD TO BE HEARD ON
DECEMBER 11, 1979 AT 7:30 P.M.
The vote was thr~e'~n~f~vor With Swenson and Ulrick voting nay.
Possible Appeal - Lake Front Variance - Non Conforming Use, Lot 56, Phelps
Island Park 1st Division
Swenson moved and Withhart seconded a motion to request the attorney to prepare
the necessary resolution to order removal of the structure. The vote was
unanimously in favor.
Height Variance - Lots 9 and 10, Block 5, Sylvan Hei~h.ts
Withhart moved and Polston seconded a motion to continue this item until later
in the meeting. The vote was unanimously in favor.
Non Conforming Use - Side Yard - Lot 4, Block 14, Devon
Withhart moved and Polston seconded a motion
RESOLUTION 79-484 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE
PLANNING COMMISSION TO APPROVE THE NON CONFORMING USE
The vote was unanimously in favor.
Subdivision of Land - Plat 61223 Parcel 1710
Polston moved and Withhart seconded a motion
RESOLUTION 79-485 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE
PLANNING COMMISSION WITH THE STIPULATION THAT THE
LOTS ARE A MINIMUM OF 10,000 SQUARE FEET IN AREA
The vote was unanimously in favor.
November 13, 1979
Non Conforming Use - Lots 9, 10, 11 and S½ of 12,..Bl.0.~.k 16, Seton
Ulrick moved and Withhart seconded a motion to table thais item.
The vote was unanimously in favor.
Subdivision of Land - Lot 9, 10, 11 and S½ of 12, Block 1.6., Seton
Ulrick moved and Polston seconded a motion
RESOLUTION 79-486 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE
PLANNING COMMISSION TO APPROVE THE SUBDIVISION
The vote was unanimously in favor.
Non Conforming Use - Part of Lot 19, Auditors Subd. 170
Withhart moved and Polston seconded a motion
RESOLUTION 79-487 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE
PLANNING COMMISSION TO APPROVE THE NON CONFORMING USE
The vote was unanimouslyin favor.
Side Yard Variance - Plat 62114 Parcel 8735
Polston moved and Swenson seconded a motion
RESOLUTION 79-488 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE
PLANNING COMMISSION TO APPROVE THE SIDE YARD VARIANCE
The vote was four in favor with Lovaasen voting nay.
Height Variance - Lot 9 & 10, Block 5, Sylvan Heights
Withhart moved and Ulrickseconded a motion to take this item off the table.
The vote was unanimously in favor.
Swenson moved and Polston seconded a motion to deny the variance requested.
Ulrick moved and Lovaasen seconded a motion to table this item. The vote
was three in favor with Ulrick and Swenson voting nay.
Polston moved and Withhart seconded a motion requesting the Mayor to direct
a letter to the Planning Commission commending them on their work on the
comprehensive plan. The vote was unanimously in favor.
INDUSTRIAL REVENUE BONDS
Polston moved and Withhart seconded a motion
RESOLUTION 79-489 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING
INDUSTRIAL REVENUE BONDS FOR JUDE, OAS AND SMITH TO
BE HEARD ON DECEMBER 11, 1979 AT 7:30 P.M.
The vote was unanimously in favor.
AL AND ALMA'S - SPECIAL USE PERMIT
Withhart moved and Lovaasen seconded a motion
RESOLUTION 79-490 RESOLUTION AUTHORIZING THE ISSUANCE OF A BUILDING
PERMIT FOR AL AND ALMA'S AND REQUIRE A PERFORMANCE
BOND REGARDING BLACKTOPPING OF WEST PARKING LOT.
Ulrick moved and Swenson seconded a motion to amend the resolution to require
a letter of intent in lieu of a performance bond. The vote on the amendment
was three in favor with Withhart and Lovaasen voting nay.
The vote on the resolution as amended was unanimously in favor.
STREET CONSTRUCTION
The City Engineer presented an update report on the street improvement projects.
BIDS
Storm Sewer - Rustic Park
Withhart moved and Swenson seconded a motion
145
November 13, 1979
RESOLUTION 79-491 RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE
L0~! B~D SUBMITTED BY WIDMER BROTHERS ~N THE
AMOUNT OF $8,525.00 FOR CONSTRUCTION OF THE
STORM SEWER IN RUSTIC PARK.
The vote was unanimously in favor.
Snow Removal
Withhart moved and Swenson seconded a motion
RESOLUTION 79-492 RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE
LOW BID SUBMITTED BY ILLIES AND SONS FOR SNOW
REMOVAL FOR THE 1979-1980 WINTER SEASON.
The vote was unanimously in favor.
INDUSTRIAL REVENUE BOND CRITERIA
Withhart moved and Polston seconded a motion
RESOLUTION 79-493 RESOLUTION ADOPTING POLICY AND CRITERIA REGARDING
INDUSTRIAL REVENUE BONDS
Roll call vote was unanimously in favor.
COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT
No comments or suggestions were presented at this time.
REPLACE COMMERCE BOULEVARD WATERMAIN
Swenson moved and Withhart seconded a motion
RESOLUTION 79-~4 RESOLUTION APPROVING THE REPLACEMENT OF WATERMAIN
ON COMMERCE BOULEVARD.
The vote was unanimously in favor.
WATER INTER-CONNECTION WITH SPRING PARK
Swenson moved and Withhart seconded a motion
RESOLUTION 79-495 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER
TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE
CITY OF SPRING PARK FOR A WATER INTERCONNECTION
The vote was four in favor with Councilmember Polston voting nay.
TAX FORFEIT LAND
Lot 1, Block 26, Wychwood
Ulrick moved and Polston seconded a motion
RESOLUTION 79-496 RESOLUTION AUTHORIZING THE PURCHASE AND RESALE
OF LOT 1, BLOCK 26, WYCHWOOD AT A RESALE PRICE
OF $2,825.00
The vote was unanimously in favor.
Lot 1, Block 3, Devon
The request for the City to purchase this property was withdrawn.
DELINQUENT UTILITY BILLS
Polston moved and Swenson seconded a motion
RESOLUTION 79-497 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING
DELINQUENT UTILITY BILLS TO BE HEARD DECEMBER 4,
1979 AT 7:30 P.M.
The vote was unanimously in favor.
PAYMENT OF BILLS
Withhart moved and Polston seconded a motion to approve payment of the bills
as presented on the prelist in the amount of $281,277.85 where funds are
available. Roll call vote was unanimously in favor.
November 13, 1979
Councilmember Withhart advised the Council that he will be attending the
Community Action Agency hearing.
CITY HALL TEMPERATURE
The City Engineer advised the Council that the temperature could be measured
at a location other than on a thermostat.
CouncilmemberSwenson requested a schedule of the police patrol cars.
ADJOURNMENT
Withhart moved and Polston seconded a motion to adjourn to the next regular
meeting on November 27, 1979 at 7:30 p.m. The vote was unanimously in favor,
so adjourned.
H.~Marske CMC, City Clerk/Treasurer
~ Ci~t~ ~Manage r