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1974-05-1442 MINUTES OF THE CITY COUNCIL MEETING OF MAY 14, 197~ at 8 P.M. AT THE MOUND CITY OFFICES - ~341 Maywood Road Present were: Mayor Donald Ulrick, Councilmen Orval Fenstad, Cklsir Hasse, Gordon Swenson and Frank Philbrook; City Manager Leonard Kopp and Attorney ~urtis Pearson MINUTES The Minutes of the meetin§ of April 23, 1974 were presented for consideration. Swenson moved and Philbrook seconded a motion to accept the minutes of the April 23, 1974 meeting as presented. The vote was unanimously in favor. The Mayor made the following Proclamation: 0 C L A MA T I O N Poppy Day 1974 WH]~EAB, The American Legion ~.nd the American Legion Auxilia:r2fr ~l. opted %he Memorial Poppy as its memorial flower in 1919; and~' WHEREAS, by wearing the Poppy, Americans everywhere and especially in this City of N~und both pay tribute to these war dead and aid the living by assistance to Veterans and their families in time of need; and WHEREAS, the Poppy Day Program contributions are used solely for thei:~ rograms of Child Welfare and Rehabilitation in our community nd state; NOW, THEREFORE, I, Donald Ulrick, Mayor of the City of Mound, do hereby proclaim the month of P~y 1974 as Poppy Month and ~17 as Poppy Day in our City, and I urge all citizens of o~own . to join with me in the wearing of this Memorial Flow~~ as too~ether we remember the sacrifices of so many in defense of~ our freedom. ~i . Do~ld ulrick ¢ ~ ~' M~yor of the City of Mound HEJtRING ON ARBOR LANE IMPROVEMENT Engineer Skip McCombs reviewed the proposed project. Askin§ questions were: Mr Kuhlman E. W. Eklof Henry Stasik Councilman Philbrook asked for a show of hands of those having parking areas on their own property - three persons raised their hands. T. F. Jameson wanted to know what else there was Bo do before the project could get under way?. Swenson moved and Philbrook seconded a motion RESOLUTION 74-108 RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS (Project 73-42 - Arbor Lane) The v0t¢ was unsnim0usly in £sv0r HEARINfi ON TRANSMISSION BUSINESS - Three Points SPECIAL USE PERMIT Gary Torgesonwas present and stated that he would be a resident of the buildin§ and all work would done inside o£ the building on an appointment basis. Joseph Partington stated that he w~s opposed and asked if the ordinance allowed this type of business even under s special use permit. Curtis Pearson no this type of business isn't allowed under the ordinance. ~ ~ale Pixler asked what the property could be used for? Curtis Pearson read from the ordinance citing the uses. Walter Clark stated that they had a garage at that location and it was a mess. Mrs. Daniels ask about the hours planned~ how cars would be brought to the site. Torgeson answered about hO hours, 8 to h:30 approximately, and he had hired a tow service. Counzilmsn Fenstad said that when he had worked ~iled up he might have to add more hours. Torgeson conceded this might well be. A show of hands indicated that the majority of people attending with an interest in this proposal were opposed %o it. Councilman Fenstad raminded the council that those opposed to a proposal would be the ones that would attend a hearing, those in favor or neutral historically, did not attend. Fenstad moved and Philbrook seconded a motion RESOLUTION 74-109 RESOLUTION DENYING SPECIAL USE PERMIT (Lots 10 & 11, Block 2, Dreamwood) The vote was unanimously in favor. Roll Call Vote Philbrook clarified his vote by saying he felt the petitioner's investment would be endangered by the neighborhood opposition. Fenstad clarified his vote saying this type of business should not be in a residential neighborhood. Ulrick said he had as a small business man sympathy for another and this spoZ was a classic example of spot zoning. .1W~VNING COMMISSION RECO~TIONS Item 1 Ramon A. Serna Lots 31 - 32 inc~lusive, Block 10, Pembroke Front Yard Variance requested Mr Serna was present, he does not have a land survey as yet. -Swenson moved and Fenstad seconded a motion · RESOLUTION 74-110 RESOLUTION GRANTING FRONT YARD VARIANCE CONDITIONED ON A SURVEY SHOk~NG THAT THERE W[/IIj] BE AT LEAST 20 FEET BETWEEN THE GARAGE ~ND THE LOST LINE AS THE , PLANNING COMM/SSION H3kq RECOMMENDED ( Lots 31 - 32, Block 10, Pembroke) The vote was unanimously in favor. ][tam Dennis Spensley Section IL Plat 61214 Parcel 8730 Side and Rear Yard Variances requested to building a 9ara§e Mr and Mrs Hennis Spensley were present requesting permission to build a garag~ into a hill and agreed to erect a red wood fence for 70 feet on the north side up to t~ae hill so as to conceal the garage from the neighbor's view. He felt neighbor's property~ which included boat storage and other storage was not too much of an attraction in the area. Gene Berent stated that he had things stored on his property and would clean up, had only been waitin9 for the weather to change. He also stated having the houses in a row made for neighborhood symmetry. Calvin Drews suggested that the garage could be attached to the house on be a tuck-under typ% could move the picnic rather than place the garage in front off the house. He is opposed to variances. Councilman Fenstad ask if the garage could be built on the property without a variance? Building Inspector answered - Yes, on the east side of the property. Dennis Spensley said he was not convinced of which direction the house faced~ and he could not attach the 9ara9e to the house because of a problamwith the roof slope. William Rennet, Planning Commission member stated that he thought the request should be granted as such construction would not be visiable to the neighbors, placing the garage where the neighbors wanted would certainly cause a draina9e problem. Mrs James Annis stated that their boat only had been there for two weeks and the pictures taken of the property happened to be taken during that period. Gene Berent said that whatever draina9e that would be caused from the garage construction as the neighbors want would be slight. Dennis Spensley stated that such construction could change the grade of the land and such drainage could be a greater problem Councilman Fenstad said that variance was not requested because of a hardship; there,: fore he would move to deny the variance~ Hasse seconded a motion Swenson and Philbrook stated that such a variance would spoil the symmetry and beauty of the neiphborhood. RESOLUTION 72-111 RESOLUIIONBENYING S/J]EAEB REAR YAROVARIANCES (Plat 61212, Parcel 8730) The vote was unanimously in favor. Item 7. Robert Lyckholm Lot 13 and I2 and parts of 15-17, Block 17, Avalon Lot Size variance and division of property requested Hasse moved and Swenson seconded a motion RESOLUTION 72-112 RESOLUTION WAIVING RBQUIREMENTS OF CHAPTER 22 OF'THE CITY CODE RE~ING THE DIVISION OF PROPERTY ANDGRANTING LOT SIZE VARIANCE (Lots 13-17, Block 17, Avalon) The vote was unanimously in favor. Item Thomas a Bladholm Section 23 Plat 61223 Parcel 1175 Subdivision of land requested Mr Bladholm was present. The attorney said he must have a legal descriptionl of the property to prepare the proper resolution for the council's consideration. The matter would again be heard on May 28, 1972 if the proper infomation is available. COMMENTS AND SUCK~ESTiONS BY CITIZENS PRESENT James Zuhlk~ wants to discuss the Temporary Restraining Order serVed'bn-the Mayor and Building Inspector. Mr. C. R. Coykendall sai~ ~that the Bldg. Inspector told them to take the partially completed cluster dock down. Under discussion was the Temporary Restraining Order served on the Mayor and the Bld9 Inspector to prevent further construction on the cluster dock. ?srtisipsnts in the cluster dock ask what they could do and the attorney said if they could prepare affidavits from their §roup it would save his time. He also stated that this order did not mean that they had to tear this dock down just stop construction. Howard(Bud)Om ask if there was an ordinance prohibitin9 the keepin9 of bee~? Answer~ no. William Pruitt wants to know how many docks are to be allowed on the-commons and how far apart they will be. Kurt Carlson wanted to know if the attorney will defend the city's position on cluster docks. Answer, yes if the council so directs. Unidentified person - need more parkin§ and li§hts in front of buildin~ (city hall). James Peterson has paid for dock application what has happened to that. Answer - no permits have been issued in 1974 Ed Buhr wants th¢ city of install a public address systam. PARK COM~ION RECOMMENDATI.ONS Pambroke Beach Bock Permits Hasse moved and Philbrook seconded a motion RESOLUTION 74-ii3 RESOLUTION PROHIBITING DOCHS WITHIN 50 FEET OF ALL SWIMMING BEACHES ON COMMONS Roll Call Vote Fenstad Nay Hasse Aye Philbrook Aye Swenson Nay Ulrick Nay Resolution failed Fenstad moved to table the matter of docks, Swenson seconded the motion BE IT MOVED, the matter of Docks ,be tabled. The vote was: Fenstad Aye Hasse Nay Philbrook,~ Nay Swenson Aye Ulrick Nay Motion failed Ulridkmoved and Hasse seconded a motion P UTZO 74-114 RESOLUTION PROHIBITING DOCKS ON BEVON COMMONS WITHIN 50 FEET OF SkrIMMXNG AREA ON PEMBROKE BEACH Roll Call Vote Fenstad Abstain Hasse Aye Philbrook Aye Swenson Nay Ulrick Aye Resolution passes A public hearin9 on docks has been set for Wednesday, May 22, 1974 at the City Offices at 7:30 P.M. until 12 midni§ht. Fenstad moved and Swenm n seconded a motion SSOLUTZON ?a-ilS RESOLUTION PLACING: A MORITORIUM ON NEW DOCKS ON ALL COMMONS UNTIL MAY 28, 1974. Roll Call Vote Fenstad Aye Hasse Aye Philbrook Nay Swenson Aye h6 Ulrick Aye Resolution passes STEERING COMMITTEE APPOINTEI] FOR BOCK MEg~flNG BY THE MAYOR William iPruitt James Peterson Erlin§ Hoo James Zuhlke Alan Greene BILAPI~ATFJ] BOCK LIST Swenson moved and Hasse seconded a motion RESOLUTION 7h-116 RESOLUTION DECLARING ALL DOCKS LISTED ON THE BILAPII1ATEB LIST BE PERMITTED TO STAYAS THEY ARE UNTIL THE MEETING OF MAY 22, 197h Roll Call Vote Fenstad Nay Hasse Ay~ Philbrook Nay Swenson Aye Ulrick Nay Resolution failed Note: Time 12:01 AM DEVON PARK Engineer Skip McCombs outlined the project. Altemmate I. is $27,695 and Alternate II is basically claimin9 the tax forfeit lots for Park purposes. Alan Greene wants Devon Park and Alternate II as the two are not the same and do not serve the same 9roups; he feels that not much money has been spent for Parks lately. .Fenstad moved and Hasse seconded a motion RESOLUTION 7h-117 RESOLUTION RECEIVING REPORT AND CALLING FOR PUBLIC HEARING (Project ?h-h7 Devon Park) Hearing 6-2~-7h The vote was unanimously in favor. TAX FORFEIT LAN~ Hasse moved and Philbrook seconded a motion RESOLUTION 7h-118 RESOLUTION AUTHORIZING AND DIJRECTING APPLICATION FOR CONVEYANCE FROM THE STATE OF LOTS 13-1~, BLOCK 11, DEVON FOR PARK PURPOSES (Plat 37870, Parcel h260) The vote was unanimously in favor BLACKTOP FOR THREE POINTS PARK Ulrick moved and Swenson seconded a motion RESOLUTION 7h-il9 RESOLUTION AMENDING RESOLUTION 72-201 "Accepting Bids for Blacktopping in the Three points Park and accepting the low bid from Martin & Sons Blacktopping" BY ADDING $280.00 TO THE BID. The vote was unanimously in favor. PARK COMMISSION APPOINTMENT Ulrick moved and Hasse seconded a motion RESOLUTION 7h-120 RESOLUTION ACCEPTING THE RESIGNATION OF DR. BYRON PETERSEN FROM THE ADVISORY PARK COMMISSION AND APPOINTING DON R. PHILLIPS TO FINISH OUT THE UNEXPIRED TERM OF DR. PETERSEN - December 31, 1976 The vote was unanimously in favor DEFFJlRED COMPENSATION PLAN Charles A. Schons of AEtna Life and Casualty Company presented a brief resume' of the Hennepin County Beferred Compensation Plan allowing employees to save monies from their pay checks and pay all state and federal taxes on such monies when they retire. Swenson moved and Hesse seconded a motion RESOLUTION RF~OLUTION AUTHORIZING THE MAYOR AND THE MANAGER TO SIGN JOINT POWERS AGREEMENT WITH THE HENNEPIN COUNTY COOPERATIVE PURCHASING PROSRAM FOR THE DEFERRED COMPENSATION PLAN The vote was unanimously in favor. 3.2 BEER APPLICATION FOR ON AND OFF SALE LICENSES Swenson moved and Hasse seconded a motion RESOLUTION 74-122 RESOLUTION SETTING HEARING FOR STAGE ONE CAFE FOR ON AND OFF SALE 3.2 BEER APPLICATION - 6-11-74 The vote was unanimously in favor 'WATER SERVICE PHELPS ISI~ PARK AIIDITION Mr Larson and Mr. Klutb were present and had another name (John Theuher, 4424 Benbigh Lane) ~or their petition for water on Phelps Island P~rk Addition. Fenstad moved and Hesse seconded a motion RESOLUTION 74-123 RESOLUTION CALLING FOR PRELININARY WATER REPORT FOR THE INSTALI~TION OF WATER FOR LOTS 88-92 PHELPS ISLAN2 PARK (Project 74-48 ~enbigh Road Water) The vote was unanimously in favor EBEN ROAD BLACKTOPPING Engineer Skip McCombs outlined the project. Hesse moved and Philbrook seconded a motion RESOLUTION 74-124 RESOLUTION RECEIVING REPORT ANI] CALLING FOR PUBLIC HEARIN(i (Project 74-46 Eden Road - Street Improvements) The vote was unanimously in favor Note: BIKE HIKE PATHS to be taken up a later date BIDS FOR FIRE~EPT. EQUIPMENT GENERATOR FOR EQUIPMENT TRUCK Hesse moved and Philbrook seconded a motion RESOLUTION 74-12~ RESOLUTION ACCEPTING BIIkq FOR GENERATOR FOR E~UIPMENT TRUCK FOR FIRE~EPARTMENT ANI] ACCEPTING THE ]LOW BID FROM FLAHERTYE~UIPMENT CORPORATION FOR $1,927.80 The vote was unanimously in favor EQUIPMENT FOR EQUIPMENT TRUCK Swenson moved and Hesse seconded a motion h8 RESOLUTION 7h-126 RESOLUTION ACCEPTING BIDS FOR EQUIPMENT TO BE INSTALLED ON THE NEW FIRE I]EP~NT EQUIPMENT RRUCK AND ACCEPTING BID OF CHAS. OLgON & SONg FOR $3,127. O0 The vote was unanimously in favor MONITORS) ,,! ' ", .~ Fenstad moved and Hasse seconded a motion to buy 38 Monitors RESOLUTION 7h-127 RESOLUTION AUTHORIZING PURCHASE OF 38 MONITORS FROM HILLCRESTSAFETYEQUIPMENTAT $198.00 EACH FOR THE FIRE DEPARTMENT (Bid Under the Hennepin ~ounty Cooperative Purchasing) The vote was unanimously in favor SIREN BIJ3S - hold until next meeting CITY OFFICE BLJ]G BIIk~ Fenstad moved and Swenson seconded a motion RESOLUTION 7h-128 RESOLUTION ACCEPTING BIDS FOR ADDITIONAL WORK ON THE ,CITY OFFICE BUILDING AND ACCEPTING THE LOg BID OF GENE GARVAIS BUILDERS FOR $2~ 735.00 The vote was unanimously in f~vor ACTING MANAGER Fenstad moved and Philbrook seconded a motion RESOLUTION 7h-129 RESOLUTION DESIGNATING ACTING CITY MANAOER (Barbara Heyman) The vote was unanimously in favor BINGO REQUEST Northwest Tonka Lions Club requests permission to operate a bin§o game June 28, 2~ 19?h. No action was taken. TRANSFERS Swenson moved and Philbrook seconded a motion RF~OLUTION 72-130 RESOLUTION AUTHORIZING TRAI~ER OF FUNDS The vote was unanimously in favor BILLS A list of bills was presented for consideration, such list is on file ~.~n 2he City Clerk's Office under Bills - ~-lh-197h - total $66,398.32. Hesse moved and Swenson seconded a motion to pay the bills where funds are available. The roll call vote was unanimously in favor, so carried. DISCUSSED WERE: Use of Railroad Property by motorized vehicles Restraining Order on Cluster Oocks Swenson moved and Hasse seconded a motion to adjourn until the meeting of May 28, at the City Offices at 8 P.M. The vote was unanimously in favor, so carried and adjourned. 1972 Attest: Leonard Kopp, City Manager Barbara Heyman, City Clerk