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1979-05-22May 22, 1979 65 BOARD OF REVIEW The Board of Review reconvened at 7:00 p.m. in the Council Chambers of the City of Mound, 5341Maywood Road, in said City on May 22, 1979. Present were: Mayor Tim.Lovaasen, Councilmembers Robert Polston, Gordon Swen- son and Benjamin Withhart, City Manager Leonard L. Kopp, Assessor Milt Hilk and Acting City Clerk Marjorie Stutsman. Alvin J. Gudvangen, 4924 Edgewater Drive Swenson moved and Polston seconded a motion RESOLUTION 79-200 RESOLUTION TO ACCEPT THE RECOMMENDATION OF THE ASSESSOR AND REDUCE THE MARKET VALUE FOR 1979 FROM $58,200 to $56,400. - PID # 13-117-24 41 0013 The vote was unanimously in favor. Neil Froeming, 4866 Edgewater Drive The Assessor reported that he had looked at property and he recommended raising the 1979 Market Value from $91,600 to $93,400. Swenson moved and Withhart seconded a motion RESOLUTION 79-201 RESOLUTION TO LEAVE THE 1979 MARKET VALUE AT THE LOWER FIGURE OF $91,600. - PID # 13-117-24 41 0046 The vote was unanimously in favor. The Mayor closed the Board of Review. Swenson moved and Withhart seconded a motion RESOLUTION 79-202 RESOLUTION ACCEPTING THE ASSESSMENT ROLL VALUATION FIGURES AS PRESENTED BY THE COUNTY ASSESSOR FOR 1979 The vote was unanimously in favor. Swenson moved and Withhart seconded a motion to adjourn the 1979 Board of Review. The vote was unanimously tn favor, so carried and adjourned. M~rjor~ Stutsman[ Acting City Clerk keo~ard k. Kopp, City Managert 66 REGULAR MEETING OF THE CITY COUNCIL May 22, 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 May 22, 1979 at 7:30 p.m. Present were: Mayor Tim Lovaasen, Councilmembers Robert Polston, Gordon Swenson, Benjamin Withhart and Donald Ulrick. Also present were City Manager Leonard L. Kopp, City Attorney Curtis A. Pearson, City Engineer William McCombs and Acting City Clerk Marjorie Stutsman. MINUTES The minutes of the May 1, 1979 Council meeting were presented for consideration. Swenson moved and Withhart seconded a motion to approve the minutes of the May 1, 1979 meeting as presented. The vote was unanimously in favor. The minutes of the May 8, 1979 Council meeting were presented for consideration. Correct Resolution 79-177 on Page 58 to read, "Resolution to continue public hearing on Inverness Lane'Sewer'Extension and Street Improvement to June 5, 1979" Withhart moved and Polston seconded a motion to approve the minutes of the May 8, 1979 meeting as corrected. The vote was unanimously in favor. The minutes of the May 15, 1979 Council meeting and Board of Review were pre- sented for consideration. Swenson moved and Polston seconded a motion to ap- prove the minutes of the May 15, 1979 meeting as presented. The vote was un- animously in favor~. Withhart moved and Polston seconded a motion to approve the minutes of the May 15, 1979 Board of Review as presented. The vote was unanimously in favor. PUBLIC HEARINGS Special Use Permit - A1 & Alma's The Mayor reopened the public hearing for imput on said special use permit and persons present were afforded an opportunity to express their views thereon. No persons present regarding this permit; the Mayor then closed the public hearing. Swenson moved and Withhart secondeda motion to continue this item to June 5th, 1979 meeting. The vote was unanimously in favor. Street Vacation - Carnarvon Lane from Wilshire to Denbigh The Acting City Clerk presented an affidavit of publication in the official newspaper of t. he notice of public hearing on said street vacation. Said affi- davit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then opened the public hearing for imput on said street vacation and persons present to do so were afforded an opportunity to express their views thereon. May 22, 1979 67 The following persons offered comments or questions: Oswin Pflug, 4440 Denbigh Road Mr. & Mrs. Clyde Markeson, 4518 Wilshire Boulevard The Mayor then closed the public hearing. Withhart moved and Ulrlck seconded a motion RESOLUTION 79-203 RESOLUTION VACATING CARNARVON LANE FROM WILSHIRE BOULEVARD TO DENBIGH ROAD WITH THE STIPULATION THE COMBINATION OF LOTS AS PRESENTLY SHOWN BE MAINTAINED SO AS TO HAVE ACCESS OFF A PUBLIC RIGHT-OF-WAY The vote was unanimously in favor. Street Vacation -'Kinross ~ad from Alexander to Dundee The Acting City Clerk presented an affidavit of publication in the official news- paper of the notice of public hearing on said street vacation. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then opened the public hearing for imput on said street vacation and persons present to do so were afforded an opportunity to express their views thereon. No persons wished to be heard on this; the Mayor then closed the public hearing. Withhart moved and Polston seconded a motion RESOLUTION 79-204 RESOLUTION VACATING K!NROSS ROAD. FROM ALEXANDER LANE TO DUNDEE LANE WITH EASEMENTS TO BE RETAINED AS REQUESTED BY NORTHERN STATES POWER COMPANY AND THE CITY ENGINEER The vote was unanimously in favor. Street Vacation - Shorewood Lane, 5 feet on each side between Resthaven .Lane and Lakeside Lane The Acting City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said street vacation. Said affi- davit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then .opened the public hearing for imput 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: Mrs. Muelter, 1909 Lakeside Lane Naomi Johnson, 1864 Shorewood Lane Wayne Burkhalter, 1904 Shorewood Lane (~hinks road on his lot) Tom Scholer, 1863 Shorewood Lane The Mayor then closed the public hearing. Swenson moved and Ulrick seconded a motion to continue the public hearing to June 26th so that Engineer can take a look at where road is. The vote was unanimously in favor. May 22, 1979 Dove Lane Sewer Project The Acting City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said sewer project. Said affi- davit was then examined, approved and ordered filed in the office of the City Clerk. The City Engineer, William McCombs, reviewed the proposed sewer installation and alternatives/options. The Mayor then opened the public hearing for imput on said project and persons present to do so were afforded an opportunity to express their views thereon. The following persons offered comments or questions: Don Riis, 1625 Eagle Lane David Klein, 1653 Eagle Lane The Mayor then closed the public hearing. Withhart moved and Polston seconded a motion RESOLUTION 79~205 TO ADOPT A RESOLUTION ORDERING THE IMPROVEMENT (ALTERNATE I) AND DIRECTING. THE ENGINEER TO PRE- PARE PLANS AND SPECIFICATIONS The vote was unanimously in favor. Delinquent Utility Bills The Mayor opened the .public hearing for imput 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. Polston moved and Swenson seconded a motion RESOLUTION 79-206 RESOLUTION AUTHORIZING THE STAFF TO DISCONTINUE WATER SERVICE ON SAID DELINQUENT UTILITY ACCOUNTS The vote was unanimously in favor. Street Construction Dorchester Road and Island View Drive The following persons were present regarding their request to discuss an alternate plan of a cul-de-sac on Dorchester rather than improving roadway between Dorchester and Manchester, and offered comments or questions: Ron Johnson, 4416 Dorchester Clinton Gables, 4431 Dorchester Arlett Moline, owner of Lot 42, Phelps Island Park 1st Div. Dave Griffin, 4434 Dorchester George Moline Henry Roelofs, 4414 Dorchester Road Mr. Gables requested notification of what plans are exactly for street. The Mayor gave him a copy of plans for that area and then the Mayor closed the discussion. May 22, 1979 The Mayor introduced John Carlson.who was representing Congressman Tom Hagedorn and was holding '~Listening Hours'~ in the City Manager's office this evening. Mr. Carlson expressed appreciation for the use of the facility and invited all persons with questions or'comments to talk with him, Bids - 1979 Street & Storm Sewer Construction City Engineer, William McCombs, presented a tabulation of the bids, which showed a revision in Hardrives' bid from $2,245,517.65 to $2,236,517.65, and reported on their findings. They recommend accepting the low bid. Polston moved and Withhart seconded a motion RESOLUTION 79-207 RESOLUTION ACCEPTING THE BIDS AND AWARDING THE CON- TRACT FOR 1979 STREET AND STORM SEWER CONSTRUCTION TO THE LOW BIDDER, HARDRIVES, INC., IN THE AMOUNT OF $2,236,517.65. The vote was unanimously in favor. G.O. Improvement Bonds of 1979 - Information Memorandum 79-62 Council had no objection to postponing the sale two or three weeks. Watermain Extension - Westedge Boulevard Ulrick moved and Polston seconded a motion RESOLUTION 79-208 RESOLUTION ORDERING A FEASI'BILITY REPORT ON WATER- MAIN EXTENSION FROM COUNTY ROAD 15 SOUTH ALONG WESTEDGE BOULEVARD The vote was unanimously in favor. Park Commission Minutes Post Office Beautification and Traffic Gene Hanson and L. "Rock" Lindlan explained the Chamber of Commerce's proposal relative to Post Office Area Beautification and Traffic Flow. Ulrick moved and Polston seconded a motion to accept the $500 for a beautifi- cation plan that is intended to implement some short term traffic flow and aesthetic improvement; that it be developed by a committee made up of a member of the Chamber of Commerce, Public Works Director and Postmaster with review of finished plan by City Planner (limit of $100 for Planner's time). Roll Call vote was: Ulrick and Polston-Aye; Withhart, Swenson and Lovaasen-Nay. Motion failed. Lovaasen moved and Swenson seconded a motion that a Committee be set up of Public Works Director, Postmaster and a representative of the Chamber of Com- merce and they forward to us a rough draft and sketch of the conceptual Post Office Plan, with review by the Planning Commission before being brought to the Council. The vote on this motion was unanimousiy in favor. 69 7o May 22, 1979 Dock Variances - Doc~51525 & 51705 Withhart moved and Polston seconded a motion RESOLUTION 79-209 RESOLUTION TO CONCUR WITH THE PARK COMMISSION RECOMMENDATION AND APPROVE VARIANCES AS REQUESTED FOR DOCK PERMITS # 51525 and 51705 The vote was unanimously in favor. Comments and Suggestions by Citizens Present Oswin Pflug asked when Bartlett Blvd. curb and gutter ~ill be going in-heard that grade higher than his parking lot and wants to post- pone blacktopping his lot until street done. Also commented that police fuhds should go for more patroling rather than dog catcher. ORDINANCE CHANGE - Lurking and Loitering/Discharqe of Firearms Withhart moved and Swenson seconded a motion to adopt the ordinance herein quoted by title: ORDINANCE 398 AN ORDINANCE AMENDING SECTION 51.O2 OF THE CITY CODE RELATING TO LURKING OR LOITERING: AMENDING SECTION 51.03 OF THE CITY CODE RELATING TO DISORDERLY CONDUCT BY PROHIBITING VIOLENT AND TUMULTU- OUS CONDUCT, FIGHTING, RESISTING POLICE OFFICERS, INCITING RIOT, USING ABUSIVE LANGUAGE, DAMAGING PUBLIC PROPERTY, DISTURBING THE PUBLIC PEACE, FAILING TO DISPERSE, AND OBSCENE LANGUAGE AND PRO- VIDING EXEMPTIONS: ADDING SECTION 51.035 ESTABLISHING A CURFEW FOR MINORS AND ESTABLISHING RESPONSIBILITIES OF PARENTS: AND AMENDING SECTIONS 51.29 AND 51.31 RELATING TO HUNTING AND DIS- CHARGING FIREARMS WITHIN THE CITY: AND REPEALING SECTIONS 51.O3, 51.O32 AND 51.33 OF THE CITY CODE The following persons offered comments: Dr. Kenneth Romness Dr. Charles Carlson Dr. Larry Gallagher Rev. Robert McClelland The vote was unanimously in favor, so ordained. Planning Commission Minutes See Ordinance Book page Discussed having a special joint meeting with Planning Commission. Mayor will work out the date. Commercial Dock Permits Withhart moved and Swenson seconded a motion RESOLUTION 79-210 RESOLUTION APPROVING COMMERCIAL DOCK PERMITS FOR 1979 FOR MARTIN & SON, SURFSIDE, INC. AND TIPI- WAKAN APARTMENTS; CONSIDERATION OF AL & ALMA'S WILL BE ON JUNE 5TH The vote was unanimously in favor. May 22, 1979 71 License Renewals Polston moved and Withhart seconded a motion RESOLUTION 79-211 RESOLUTION AUTHORIZING THE ISSUANCE OF RESTAURANT LICENSES TO KOFFEE KUP AND SURFSIDE, INC.; JUKE BOX LICENSE TO SURFSIDE, INC. AND A ONE MONTH DINNER DANCE PERMIT (FROM MAY 1 THROUGH MAY 31) TO SURFSIDE, INC.; AND DINNER DANCE PERMIT (JUNE .1 THROUGH JUNE 30) TO BRIARWOOD RESTAURANT. The vote was unanimously in favor. ORDINANCE CHANGE SECTION 25.06 - prohibit underground gasoline storage in residential zonings Withhart moved and Polston seconded a motion to adopt the ordinance herein quoted by title: ORDINANCE 399 AN ORDINANCE AMENDING SECTION 25.06 'OF THE CITY CODE RELATING TO BULK STORAGE OF LIQUEFIED PETROLEUM GASES The vote was unanimously in favor, so ordained. See Ordinance Book page Acting City Manager Withhart moved and Polston seconded a motion RESOLUTION 79-212 RESOLUTION, APPOINTING CHIEF CHARLES JOHNSON ACTING CITY MANAGER MAY 26, 27 AND 28 AND APPOINTING MARY MARSKE ACTING CITY MANAGER MAY 29 AND 30. Roll call vote was: Ulrick, Polston, Withhart and Lovaasen-Aye; Swenson-Nay. Motion carries. pAyMENT OF BILLS Polston moved and Withhart seconded a motion to approve payment of the bills as presented on the prelist in the amount of $32,727.94 where funds are avail- able. Roll call vote was unanimously in favor. TRACT A, R.L.S. 1150 Wlthhart moved and Polston seconded a motion RESOLUTION 79-213 Roll call vote was Discussed: A RESOLUTION DETERMINING THAT A STRUCTURE LOCATED ON TRACT A, RLS 1150, WAS 50% OR MORE DESTROYED BY FIRE AND DENYING AN APPLICATION TO REBUILD AND RECONSTRUCT A NON CONFORMING USE four ~m~y in favor, with Swenson ¥otlng na¥~ I.M. 79-57 I.M. 79-58 I'.M. 79-59 Diseased Trees Police Auction Liquor Store Lease 72 May 22, 1979 Pelican Point - Information Memorandum 79-61 Withhart moved and Polston seconded a motion RESOLUTION 79-214 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE FINAL PLAT OF PELICAN POINT SUBDIVISION AND SETTING THE DATE FOR JUNE 12 The vote was unanimously in favor. Salary Plan - Information Memorandum 79-60 Lovaasen moved and Polston seconded a motion to have a representative of Stanton Associates to the June 12th meeting to explain their proposal to do a survey and plan. The vote was unanimously in favor. Discussed lights on Commerce; status of light duty patrolman; water inter- connection with Spring Park. ADJOURNMENT Withhart moved and Polston seconded a motion to adjourn to the next regular meeting on June 5, 1979 at 7:30 p.m. The vote was unanimously in favor, so adjourned. Marjo~e Stutsman, Acting City Clerk Attes~ -~ ..... LeOnard L. Kopp, City ~a~a~er