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1979-10-09129 REGULAR MEETING OF THE CITY COUNCIL October 9, 1979 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Mound, Hennep|n County, Minnesota was held at 5341Maywood Road in said City on October 9, 1979 at 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Benjamin Withhart, Gordon Swenson and Robert Polston. Absent and excused was Councilmember Ulrick. Also present were City Manager Leonard L. Kopp, Assistant City Attorney Jeff Strand, Assistant City Engineer John Cameron and City Clerk Mary H. Marske. MINUTES The minutes of the meeting of October 2, 1979 were presented for consideration. Swenson moved and Lovaasen seconded a motion to approve the minutes of the meet- ing of October 2, 1979 as submitted. The vote was unanimously in favor. PUBLIC HEARINGS Street Vacation - Cumberland Road from Stratford to Tuxedo. The City Clerk presented an affidavit of publication in the official newspaper 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 input on said street vacation 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. Swenson moved and Withhart seconded a motion to continue the public hearing to the meeting of October 23, 1979. The'vote was unanimously in favor. Vacation of Essex Lane from Cumberland to Manchester The City Clerk presented an affidavit of publication in the official newspaper 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 input on said street vacation 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 79-426 RESOLUTION AUTHORIZING THE VACATION OF ESSEX LANE FROM CUMBERLAND TO MANCHESTER. 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. The following persons offered comments or questions: Craig Olson, 2620 Commerce Boulevard Tom Reese, 5146 Bartlett Boulevard The Mayor then closed the public hearing. October 9, 1979 Withhart moved and Swenson seconded a motion RESOLUTION 79-427 RESOLUTION APPROVING THE GRANTING OF A SPECIAL USE PERMIT WITH THE STIPULATIONS RECOMMENDED BY THE PLANNING COMMISSION AND NO OUTSIDE STORAGE OF PARTS, MATERIAL OR OTHER EQUIPMENT BE ALLOWED. The vote was unanimously in favor. Revenue Sharing Budget The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said revenue sharing budget. 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 revenue sharing budget and persons present to do so w~re afforded an opportunity to express their views thereon. The following persons offered comments or questions: Buzz Sykes, 5900 Beachwood Ken Neukircher, 4997 Tuxedo Rock Lindlan, 2561 Lakewood Lane Tony Case, 3043 Tuxedo The Mayor then closed the public hearing. Withhart moved and Polston seconded a motion to continue the public hearing. 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. Polston moved and Withhart secondeda motion RESOLUTION 79-428 RESOLUTION AUTHORIZING THE CITY STAFF TO TURN OFF WATER SERVICE TO DELINQUENT UTILITY ACCOUNTS. The vote was unanimously in favor. Lovaasen mo~ed and Withhart seconded a motion directing the staff to prepare future delinquent lists stating only the account number and the amount delinquent. The vote was unanimously in favor. PLANNING COMMISSION RECOMMENDATIONS Non-Conforming Use - W. ½ of Lot 27, Subd. of Lots 1 & 32, Skarp-Lipdquist Withhart moved and Swenson seconded a motion RESOLUTION 79-429 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY THE NON-CONFORMING USE. The vote was unanimously in favor. Subdivision of Land - Lot 18, 19 & 20, Block 2, Pembroke Swenson moved and Polston seconded a motion RESOLUTION 79-430 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIVISION The vote was unanimously in favor. Front Yard Variance - Lot 10 & 11, Block 3, Woodland Point Polston moved and Withhart seconded a motion RESOLUTION 79-431 RESOLUTION TO CONCUR WITH THE RECOMMMENDATION OF THE PLANNING COMMISION TO DENY THE VARIANCE. The vote was unanimously in favor. October 9~ 1979 Special Use Permit - Auto RePair Shop Swenson moved and Withhart seconded a motion RESOLUTION 79-432 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING A SPECIAL USE PERMIT TO BE HEARD ON NOVEMBER 13, 1979 AT 7:30 P.M. The votewas unanimously in favor. Non-Conforming Use - Lot 14 & 15, Block 5, Woodland Point Polston moved and Swenson seconded a motion to concur with the recommendation of the Planning Commission to deny the non-conforming use. Lovaasen moved and Withhart seconded a substitute motion RESOLUTION 79-433 REgOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION BUT TO GRANT THE NEEDED SIDE YARD VARIANCE OF FIVE (5) INCHES The vote was unanimously in favor. Non-Conforming Use - Lot 1, 2 & Part of 3, Block 1, Dreamwood Swenson moved and Polston seconded a motion RESOLUTION 79-434 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE NON-CONFORMING USE The vote was unanimously in favor. STREET CONSTRUCTION Lakewood Lane Withhart moved and Polston seconded a motion RESOLUTION 79-435 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE ENGINEER REGARDING THE CONSTRUCTION OF THE INTERSECTION OF LAKEWOOD LANE AND WILSHIRE BOULEVARD The vote was unanimously in favor. Monmouth Road The Council directed the engineer to work out an alternative to the high wall with the property owner. Cumberland Road Withhart moved and Swenson seconded a motion RESOLUTION 79-436 RESOLUTION AUTHORIZING THE INCLUSION OF THIS PROJECT IN THE 1979 PROJECT AND APPROVING CHANGE ORDER #5. The vote was unanimously in favor. Withhart moved and Swenson seconded a motion RESOLUTION 79-437 RESOLUTION DIRECTING THE STAFF TO CONTINUE TO NEGOTIATE FOR AN EASEMENT ON THE CUMBERLAND ROAD CONSTRUCTION AND DIRECT THE CITY ATTORNEY TO BEGIN CONDEMNATION PROCEEDINGS The vote was unanimously in favor. Withhart moved and Lovaasen seconded a motion RESOLUTION 79-438 RESOLUTION AUTHORIZING CONSTRUCTION OF STORM DRAIN ON CAMBRIDGE SOUTH OF MONMOUTH AT THE ESTIMATED COST OF $2800. The vote was unanimously in favor. October 9, 1979 Lovaasen~ moved and Polston seconded a motion RESOLUTION 79-439 RESOLUTION AUTHORIZING THE CONSTRUCTION OF A STORM DRAIN ON CAMBRIDGE JUST SOUTH OF BRIGHTON BOULEVARD WITH THE STIPULATION THAT IT INCLUDE DRAINAGE OF PROPERTY TO THE EAST The vote was unanimously in favor. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Gerald Babb, representing Tonka Corporation was present to advise the Counci! of an upcoming request to construct a storage building exceeding the height limitations in the present city code. Buzz Sykes and Ernie Johnson asked for a clarification of the action taken by ~the Council regarding construction of Cumberland Road. Jim Lassek, 2431Wilshire Boulevard requested the white crosswalk markings be changed after completion of construction of Lakewood Lane at Wilshire Boulevard. PARK COMMISSION MINUTES Withhart moved and Polston seconded a motion RESOLUTION 79-440 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING USE OF LAKE LANGDON TO BE HEARD ON DECEMBER 4, 1979 AT 7:30 P.M. The vote was unanimously in favor. 1980 BUDGET Withhart moved and Polston seconded a motion RESOLUTION 79-441 RESOLUTION AUTHORIZING AND DIRECTING THE COUNTY AUDITOR TO LEVY CERTAIN TAXES The vote was unanimously in favor. Polston moved and Withhart seconded a motion RESOLUTION 79-442 RESOLUTION AUTHORIZING PAYOFF OF ASSESSMENTS ON CITY OWNED PROPERTY. The vote was unanimously in favor. Withhart moved and Polston seconded a motion RESOLUTION 79-443 RESOLUTION ADOPTING THE 1980 BUDGET The vote was unanimously in favor. 1980 SALARIES Lovaasen moved and Withhart seconded a motion RESOLUTION 79-444 RESOLUTION ESTABLISHING WAGES, SALARIES AND WORKING CONDITIONS FOR 1980 WITH THE EXCEPTION OF THE ATTORNEY'S SALARY. The vote was unanimously in favor. ACCOUNTING CLERK SALARY Withhart moved and Swenson seconded a motion RESOLUTION 79-445 RESOLUTION AMENDING RESOLUTION 78-518 ESTABLISHING STEP INCREASES FOR THE ACCOUNTING CLERK POSITION The vote was unanimously in favor. October 9, 1979 REQUEST FOR A WINE LICENSE Swenson moved and Withhart seconded a motion RESOLUTION 79-446 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING A WINE LICENSE TO BE HEARD ON NOVEMBER 6, 1979 AT 7:30 P.M. The vote was unanimously in favor. ACTING CiTY MANAGER wit~hart moved and Polston seconded a motion RESOLUTION 79-447 RESOLUTION APPOINTING MARY H. MARSKE AS ACTING CITY MANAGER FROM OCTOBER 20, 1979 TO NOVEMBER 4, 1979. The vote was unanimously in favor. 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 $354,321.55 where funds are avail- able. Roll call vote was unanimously in favor. I.M. 79-108 POLICE GOALS The Council determined to discuss this item at a special meeting on November 19, 1979 after the Water/Sewer Rate meeting. CITY PLANNER Withhart moved and Lovaasen seconded a motion RESOLUTION 79-448 RESOLUTION REQUESTING THE CITY PLANNER TO SUBMIT A CONTRACT PROPOSAL FOR SERVICES. The vote was unanimously in favor. POLICE FACILITIES The Council requested that the staff prepare a time table regarding the possible change in facilities for the Police Department. HENNEPIN COUNTY CRIMINAL JUSTICE'COORDINATING COUNCIL Withhart moved and Polston seconded a motion RESOLUTION 79-449 RESOLUTION CASTING A BALLOT FOR DOROTHY HOKR FOR THE POSITION ON SUBURBAN ELECTED OFFICIAL ON THE HENNEPIN COUNTY CRIMINAL JUSTICE COORDINATING COUNCIL. The vote was unanimously in favor. ADJOURNMENT Withhart moved and Swenson seconded a motion to adjourn to the next regular meeting on October 23,1979 at 7:30 p.m. The vote was unanimously in favor, so adjourned. Mary H~Marske CMC, City Clerk/Treasurer L-t~6na~rd L. Kopp, C'T~t~ Mafia~ 133