Loading...
1979-09-11113 REGULAR MEETING OF THE CITY COUNCIL September 11, 1979 Pursuant to due call and notice thereof a regular meeting of the City Council of the C~ty of Mound, Hennepln County, M~nnesota was held at 5341Maywood Road in said City on September 11, 1979 at 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Benjamin Withhart, Robert Polston and Donald Ulrick. Also present were City Attorney Curtis A. Pearson, Assistant City Engineer Lyle Swanson and City Clerk Mary H. Marske. PUBLIC HEARINGS Industrial Revenue Bonds The City Clerk presented an affidavi~t of publication in the official newspaper of the notice of public hearing on said industrial revenue bonds. 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 industrial revenue bonds and persons present to do so were afforded an opportunity to express their views thereon. The following person offered comment or question: Frank Livingston, 5251 Bartlett Boulevard The Mayor then closed the public hearing. Polston moved and Withhart seconded a motion RESOLUTION 79-367 A RESOLtJTION GIVING PRELIMINARY APPROVAL TO A PROPOSED INDUSTRIAL DEVELOPMENT PROJECT BY ORVILLE H. HUSEBY UNDER THE MUNICIPAL INDUSTRIAL DEVELOPMENT ACT, AUTH- ORIZING SUBMISSION OF AN APPLICATION TO THE COMMISSIONER OF SECURITIES FOR APPROVAL THEREOF AND AUTHORIZING THE PREPARATION OF DOCUMENTS AND MATERIALS IN CONN- ECTION WITH THE PROJECT. The vote was unanimously in favor. C.B.D. Assessments The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said C.B.D. assessments. 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 C.B.D. assessments and persons present to do so were afforded an opportunity to express their views thereon. The following persons offered comments or questions: Williard Hillier, 1551 Canary The Mayor then closed the public hearing. W~hhart moved and Polston seconded a motion RESOLUTION 79-368 RESOLUTION AUTHORIZING THE ASSESSMENT ROLL FOR C.B.D. PARKING MAINTENANCE AND REQUESTING THE COUNTY TO SPREAD THE LEVY FOR ONE YEAR AT 8% INTEREST. The vote was unanimously in favor. September 11, 1979 Bartlett Boulevard Assessment - Storm Drain The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said public improvement. Said affidavit was then examined, approved and ordered filed in the office of the Ci~ty Clerk. The Mayor then opened the public hearing for input on said public improvements and persons present to do so were afforded an opportunity to express their views thereon. The following persons offered comments or questions: Steve Codden, Mound resident Jim Scruton, 5267 Bartlett Boulevard Frank Livingston, 5251 Bartlett Boulevard The Mayor then closed the public hearing. Ulrick moved and Polston seconded a motion RESOLUTION 79-369 RESOLUTION APPROVING THE ASSESSMENT ROLL AND REQUESTING THE COUNTY TO SPREAD THE LEVY FOR FIFTEEN YEARS AT 8% INTEREST. The vote was unanimously in favor. Sidewalk Replacement As§essment The City Clerk presented an affidavit of public hearing in the official newspaper of the notice of public hearing on said sidewalk replacement assessment. 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 sidewalk replacement assessment and persons present to do so were afforded an opportunity to express their views thereon. The following persons offered comments or questions. Barbara Anderson, 2067 Commerce Jerry Laube, 3207 Devon The Mayor then closed the public hearing. Polston moved and Withhart seconded a motion to continue this hearing until September 18, 1979. The vote was unanimously in favor. Tuxedo Boulevard The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said public improvements. Said affidavit was examined, approved and ordered filed in the office of the City Clerk. The Mayor then opened the public hearing for input on said public improvements and persons present to do so were afforded an opportunity to express their views thereon. The following persons offered comments or questions: Ron Fitzen, 4535 Tuxedo Boulevard Clinton Asche, Wayzata Don Jerdee, 2521 Lakewood Lane Ron Gehring, 3215 Charles The Mayor then closed the public hearing. Withhart moved and Swenson seconded a motion RESOLUTION 79-370 RESOLUTION APPROVING THE ASSESSMENT ROLL FOR TUXEDO BOULEVARD AND REQUESTING THE COUNTY TO SPREAD THE LEVY FOR FIFTEEN YEARS AT 8% INTEREST. The vote was unanimously in favor. September 11, 1979 PEANNING COMMISSION RECOMMENDATIONS Subdivision of Land - Lots 1-5, Block 1, Lots 1-6, Block 10 Pembroke Lots 4 & Part of 5, Block 14, Avalon Withhart moved and Polston seconded a motion RESOLUTION 79-371 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO GRANT THE SUB- DIVISION AS REQUESTED The vote was unanimously in favor. Vacation of Cumberland Road - Stratford to Tuxedo Polston moved and Swenson seconded a motion RESOLUTION 79-372 RESO£UTION PROVIDING FOR A PUBLIC HEARING REGARDING THE VACATION OF CUMBERLAND ROAD FROM STRATFORD TO TUXEDO TO BE HEARD ON OCTOBER 9, '11979 AT 7:30 P.M. The vote was unanimously in favor. Subdivision of Land - Lots 52 & 53, Phelps Island Park First Division Withhart moved and Swenson seconded a motion RESOLUTION 79-373 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIVISION OF LAND AS REQUESTED. The vote was unanimously in favor. Special Use Permit - Lots 1, 2 & W.½ of 3, Block 9, Mound Bay Park Polston moved and Ulrick seconded a motion RESOLUTION 79-374 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING A SPECIAL USE PERMIT TO BE HEARD ON OCTOBER 9, 1979 AT 7:30 P.M. The vote was unanimously in favor. Subdivision of Land - Part of Lot 46, A.S. 168 Swenson moved and Polston seconded a motion RESOLUTION 79-375 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIVISION AS REQUESTED. The vote was unanimously in favor. Non-conforming Use and Side Yard Variance - Lot 28 & Part of 27, Block 26, Wychwood Polston moved and Swenson seconded a motion RESOLUTION 79-376 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE NON-CONFORMING USE AS REQUESTED The vote was unanimously in favor. Subdivision of Land - Lot 7, 8 and W. 40 ft of Lot 6, Block 24, Seton- Swenson moved and Polston seconded a motion RESOLUTION 79-377 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIVISION AS REQUESTED The vote was unanimously in favor. September 11, 1979 Non-Conforming Use -Undersized Lot Street Front Variance Lot 9, Bl~c,k 11, Shadywood Point Polston moved and Swenson seconded a motion RESOLUTION 79-378 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE NON-CONFORMING USE AS REQUESTED The vote was unanimously in favor. Non-Conforming Use - Sideyard Variance --Part of Lot 1~ .lst Rearr. of phelps I§t~D'iv Ulrick moved and Withhart seconded a motion to deny the requested non-conforming use. Polston moved and Swenson seconded a motion to table this item. The vote was four in favor with Lovaasen voting nay. Sign Variance - Commerce & Alder ~ i~ ' ~ Ulrick moved and Swenson seconded a motion RESOLUTION 79-379 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE SIGN VARIANCE AS REQUESTED. The vote was three in favor with Polston and Withhart voting nay. Side Yard Variance - Possible Appeal - Lots 19 & 20, Block 17, Arden Withhart moved and Ulrick seconded a motion to concur with the recommendation of the Planning Commision to deny the variance requested. Roll call vote was two in favor with Ulrick, Poslton and Lovaasen voting nay. Motion failed. Polston moved and Swenson seconded a motion to approve a 3 foot side yard variance. Roll call vote was two in favor with Withhart, Ulrick and Lovaasen voting nay. Motion failed. Ulrick moved and Polston seconded a motion to table the item. The vote was four in favor with Swenson voting nay. Non-Conforming Use - Side Yard Variance - Lot 12 & 13, Block 16, Shadywood Point Polston moved and Withhart seconded a motion RESOLUTION 79-380 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE A NON-CONFORMING USE AS REQUESTED The vote was unanimously in favor. Non-Conforming Use - Sideyard & Front Yard Variance - Lots 10 & 11, Block 14, Seton Polston moved and Swenson seconded a motion RESOLUTION 79-381 RESOLUTION PROViDiNG FORiA PUBLIC HEARI'NG REGARDING THE VACATION OF RIGHTtOF WAY TO BE HEARD ON OCTOBER 16, 1979 AT 7':30 P.M. The vote was unanimously in favor. Withhart moved and Swenson seconded a motion to table the variance request at this time. The vote was unanimously in favor. Sign Variance - Lots 1,2,3 & 4, Block 3, Shirley Hills Unit F Lovaasen moved and Ulrick seconded a motion RESOLUTION 79-382 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO GRANT THE SIGN VARIANCE The vote was three in favor with Polston and Withhart voting nay. September 11, 1979 Garage Location Withhart moved and Swenson seconded a motion RESOLUTION 79-383 RESOLUTION REQUESTING THE CITY ATTORNEY TO DRAFT AN ORDINANCE AMENDING SECTION 26.06 SUBSECTION (C) OF THE CITY CODE The vote was unanimously in favor. STREET CONSTRUCTION Retaining Wall - 3029 Drury Lane Withhart moved and Swenson seconded a motion RESOLUTION 79-384 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF TO CITY ENGINEER TO CONSTRUCT THE RETAINING WALL AT 3029 DRURY LANE The vote was unanimously in favor. Retaining Wall - Heron & Three Points Boulevard Ulrick moved and Swenson seconded a motion RESOLUTION 79-385 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF TO CITY ENGINEER NOT TO CONSTRUCT A RETAINING WALL ON HERON & THREE POINTS BOULEVARD The vote was unanimously in favor. Retaining Wall - Sparrow Road Lovaasen moved and Withhart seconded a motion RESOLUTION 79-386 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE CITY ENGINEER TO CONSTRUCT THE RETAINING WALL ON SPARROW ROAD TO PRESERVE A LARGE MAPLE TREE The vote was unanimously in favor. Retaining Wall - Cumberland Road Lovaasen moved and Withhart seconded a motion RESOLUTION 79-387 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE CITY ENGINEER TO CONSTRUCT A RETAINING WALL ON CUMBERLAND RAOD The vote was unanimously in favor. Kildare Road Withhart moved and Swenson seconded a motion RESOLUTION 79-388 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE CITY ENGINEER TO DELETE KILDARE ROAD FROM~ THE 1979 STREET PROJECT BY MEANS OF CHANGE ORDER The vote was unanimously in favor. Driveway Entrance The Council advised the City Engineer that the policy regarding driveway entrances shall be applied in this instance. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Connie Meyer, 4731Carlow Road asked about the completion date of the 1978 project. Polston moved and Swenson seconded a motion to waive the adjournment time and com- plete the agenda. The vote was unanimously in favor. 117 September 11, 1979 TAX FORFEIT LAND - LOT 5, BLOCK 7, PEMBROKE Ulrick moved and Polston seconded a motion RESOLUTION 79-389 RESOLUTION AUTHORIZING THE MAYOR AND MANAGER REQUEST THE RELEASE OF LOT 5, BLOCK 7, PEMBROKE FROM THE STATE The vote was unanimously in favor. STREET CONSTRUCTION - ISLAND VIEW DRIVE The Council determined to take no action at this time and request the engineer to proceed as specified by plan. RADNOR ROAD EASEMENT Withhart moved and Polston seconded a motion RESOLUTION 79-390 RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO PURCHASE LOT 4,5,26 & 27, BLOCK 12, AVALON FROM THE STATE TO BE USED IN AN EASEMENT TRADE The vote was unanimously in favor. Withha~t moved and Polston seconded a motion RESOLUTION 79-391 RESOLUTION AUTHORIZING~THE MAYOR AND MANAGER TO RETURN THE EAST 25 FEET OF LOT 5 & 26, BLOCK 12 AVALON TO THE STATE The vote was unanimously in favor. CHANGE ORDER #3 Polston moved and Ulrick seconded a motion RESOLUTION 79-392 RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO ENTER INTO CHANGE ORDER #3 WITH HARDRIVES IN THE AMOUNT OF $13,212.OO The vote was unanimously in favor. 1978 STREET CONSTRUCTION Swenson moved and Lovaasen seconded a motion RESOLUTION 79-393 RESOLUTION TERMINATING THE 1978 STREET CONSTRUCTION CONTRACT WITH THOMAS AND SONS, INC. The vote was unanimously in favor. The Mayor asked the Council if they wished to reduce the retainage. The Council concensus was to take no action. BIKE HIKE PATHS Polston moved and Swenson seconded a motion advising the engineer to continue to monitor the activities of the County in regard to bike hike paths in the city. TAX FORFEIT LAND - LOT 26, BLOCK 11, WYCHWOOD Ulrick moved and Polston seconded a motion RESOLUTION 79-394 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE ADMINISTRATION TO AUTHORIZE THE RESALE AND PURCHASE BY THE CITY AT PRIVATE SALE The vote was unanimously in favor. GAMBLING LICENSE - VFW Polston moved and Swenson seconded a motion RESOLUTION 79-395 RESOLUTION APPROVING THE ISSUANCE OF A GAMBLING LICENSE FOR THE V.F.W. AND CANCELLING THE PUBLIC HEARING AS CALLED FOR IN RESOLUTION 79-358 SINCE IT IS NOT NECESSARY The vote was unanimously in favor. 119 September 11, 1979 DINNER DANCE PERMIT Swenson moved and Polston seconded a motion RESOLUTION 79-396 RESOLUTION AUTHORIZING THE ISSUANCE OF A DINNER DANCE PERMIT TO THE SURFSIDE, INC. FROM JULY 1, 1979 TO JUNE 30, 1980. The vote was unanimously in favor. DELINQUENT UTILITY BILLS Potston moved and Swenson seconded a motion RESOLUTION 79-397 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING DELINQUENT UTILITY BILLS TO BE HEARD ON OCTOBER 9, 1979 AT 7:30 P.M. The vote was unanimously in favor. CERTIFICATION OF UNPAID SEWER AND WATER BILLS Polston moved and Swenson seconded a motion RESOLUTION 79-398 RESOLUTION AUTHORIZING THE CERTIFICATION OF DELINQUENT WATER AND SEWER BILLS TO THE COUNTY TO BE LEVI.iED ON THE 1980 TAX STATEMENTS The vote was unanimously in favor. PAYMENT OF BILLS Swenson moved and Withhart seconded a motion to approve payment of the bills as presented on the prelist in the amount of $695,701.O3 Where funds are available. Roll call vote was unanimously in favor. COMMUNITY CENTER NAME Ulrick moved and Polston seconded a motion RESOLUTION 79-399 RESOLUTION APPROVING THE NAMING OF THE "OLD DEPOT" BUILDING TO BE KNOWN AS "MOUND DEPOT COMMUNITY CENTER" The vote was unanimously in favor. VANGUARDS Withhart moved and Swenson seconded a motion requesting the Mayor to direct a letter to the Vanguards expressing the Council's appreciation. The vote was unanimously in favor. Councilmember Swenson requested additional information regarding sergeants pay and juvenile officer uniform allowance. 1980 BUDGET Polston moved and Withhart seconded a motion to set a workshop meeting on the 1980 Budget to be held at 7:30 on September 17, 1979. The vote was unanimously in favor. ADJOURNMENT Swenson moved and Polston seconded a motion to adjourn to the next regular meeting on September 18, 1979 at 7:30 p.m. The vote was unanimously in favor, so adjourned. 'Mary'h.~lfarske CMC, City Clerk/Treasurer Leondrd L. Kopp, City Ma'nage~ ~/ ~