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1974-11-12108 MINUTES OF THE COUNCIL MEETING OF N~ER 12, 197~ at 8 'P.M. at the MOUN~ CITY OFFICES - ~341 Maywood Road Present were: l~or Bonald Ulrick, Councilmen gklair Hasse, Orval Fenstad, Frank Philbrook~ Gordon Swenson; gngineer Greg Franke~ William McCombs; City Manager L¢onard.Kopp~ and John Brawz, attorney. MINUTES The October 29, 197h minutes were presented for consideration. Philbrook added to an item on p~ue 10~ in which Councilman Fenstad requested a resume of speeding tickets in 90 days "and DWI tickets". Swenson moved and Philbmook seconded a motion to accept the minutes of October 29, 197~ as corrected. The vote was unanimously in favor, go carried and accepted. The minutes of t~ meeting of Novamber 6, 197~ were presented for consideration. Fenstad moved and Hasse seconded a motion to accept the minutes of the Novamber 6, 1974 meeting as presented. The vote was unanimously in favor, so carried and accepted. HEtRING ON BELLAIRESTREET IMPROVEMENT Greg Frank outline d the propos¢~ project. ~ene'Winkels asked if his hedge would be taken out~ the engineer assured ~imno hedges would have to be removed. Mr. Edlund and Clayton Nielsen stated they were against the project. Mr and Mrs Ralston and Mabel Griep requested that their names be ramoved from the orginal petition. Bon Huggett stated he was against the project. The mayor asked for a show of hands for and against the project - no one was for it and seven were against. Fenstad moved and Swenson seconded a motion. RESOLUTION 7~-338 ~ESOLUTION NOT ACCEPTING PROJECT (Project 74-55 Bellaire Lane Street Zmprovament) The roll call vote was unanimously in favor. ~G OE REPEALING SECTION 23.21 OF THE ZC~INO CODE Ulrick moved and Hasse seconded the following ordinance ORDINANCE NO 326 AN ORI]INANCE REPEALI~ SECTION 23.21 OF THE MCUND 2OflE OF ORDINANDES RELATING TO PETITIONS FOR SPECIAL PERlVLITS FOR ADDITIONS OR EN~LA~GEMENTS OF NON-CONFORMING USES The roll call vote was unanimously in favor, so ordained Note: The ordinance in full is on file the officc of the City Clerk. PLgNNING ~C~IS~ION RECOMMENDATIONS Itam 6 Fred Kellogg Part of Lot 1, Block 6, The Highlands Requested Subdivision of Land Mr Kellogg was present Fenstad moved and Swenson seconded a motion RESOLUTION 74-339 RESOLUTION WAIVING RBQU~TS OF CHAPTER 22 OF TPIE~ITY GODE P~AF~IlqQ THE DIVISION OF PROPERTY (Lot 1, Block 6, Thc Highlands) The vote was unanimously in favor Item 1 Robert W. Erwin Jr. Lots 13 and 14, Block 3, The Highlands Requested a £ront and side yard variance~ lO? The attorney su§§¢sted a h01d-harmless a§re~ment be drawn for Mr Erwin~s signature in view of request to be allowed to construct a §ara§e so close to the lot line that while plowin~ snow~ the city might damage his garage; Mr Erwin said he would be willing to sign such an agreement. Ulrick moved and Swenson seconded a motion RESOLUTION 7k-3ho RESOLUTION GRANTING SIDE YARD VARIANCE OF FOUR FEET 9 (Conditioned on a hold-harmless aDream'¢nt - Lot 13 and 1~ Block 3~ The Hi§hlands) Fenstad and Hasse voted nay; all others aye~ so carried. Item Overs Professional Realty Co - Gair Overs Lot ~2 and Northly 25 feet of Lot ~3~ Auditors Subd. ~167 Request Sign Variance Oair Overs was present. (Old So$1i¢ Store) Hasse moved and Fenstad seconded a motion RESOLUTION 7~-3~1 RESOLUTION GRANTING SIGN VARIANCE (Lot ~2 and Nly 2~ feet of Lot ~3 , Auditors Subd. #167) The vote was unanimously in favor George Millford Lot 8~ Mack's Addition Request House Moving Permit Mr Millford was present. He presented a petition from the nei§hbors statin9 that they had no objection to this house being moved in from Eden Prairie. The mayor ask if anyone was present who wished to speak pro or con on this proposed moving; no one responded. A cash bond of $2~0.00 was requested to repair any damages to the city property. Swenson moved and Fenstad seconded a motion RESOLUTION 7h-3h2 RESOLUTION GRANTING PERMISSION TO MOVE A HOUSE FRC~ EDEN PRAIRIE TO LOT 8, MACK'S ADDITION WITHOUT A PUBLIC HEARING The vote was unanimously in favor Item 7 Rodg~ Bergquist NEly 76 6/10 feet of Lot 1 and Lot 2, Block 8, The Highlands Requested rear yard variance Fenstad moved and Swenson seconded a motion RESOLUTION 7h-3h3 RESOLU%~ GRANTING REAR YARI] VAR~CE (18 inch variance on Lot 1 and 2, Block 8, The Highlands) The vote was unanimously in favor Item 8 Boe Construction Company Part of Lots 23 and 2h, Skarp and Lindquists Glen Arbor Requested front and Side yard variances Fenstad moved and Hasse seconded a motion RESOLUTION 7h-3[~h RESOLUTION ~RANTING FRONT AND SII]E YARI] VARIANCES (Part of Lots 23 and 24, Skarp and Lindquists Glen Arbor - 1 foot front yard and 6~foot side yard variances) The vote was unanimously in favor. Item 10 Nelson-Oare Real Estate Inc Part of Lot 1, Section 22 Request sign variance for t~mporary sign Gary Nelson was present Swenson moved and Hasse seconded a motion RESOLUTI~ 7~-3h5 RESOLUTION GRANTING PERMISSION TO ERY~T A TEMPORARY SIGN - The Bluffs The vote was unanimously in 'favor 110 ISLAND PARK HALL BIDS A bid was received from Westonka Plbg for Plumbing 880.00 and Hot ~ater Heater 31~.00 Electrical Bids were too old to be fair to the bidder so the staff was advised to readvertise for the electrical work needed on the hall. Philbrook moved and Swenson seconded a motion RESOLUTION 7[-326 RESOLUTION ACCEPTING BID OF WESTONKA PLUMBING FOR WORK ON THE ISLAND PARK HALL The vote was unanimously in favor 1962 FOR[] PICK UP Bids were received for the 1962 Ford Pickup Truck, surplus property of the city Swenson moved and Hasse seconded a motion RESOLUTI[~I 72-)~7 RESOLUTION DIRECTING SALE OF EXCESS 196~ FOR]3 PICK UP TRUCK (235.79 to Carl garnig (Bruce Robinson acted as agent for Mr. 3arnig) Th~evote was unanimously in favor BID C~I DENSIGH ROAD WATER PROJECT Greg Frank presented the informal bids on the Denbigh Road Hater Fenstad moved and Swenson seconded a motion RESOLUTION 72-3~8 RESOLUTION AOCEPTING BIDS Widget Bros. $2,955.50) The vote was unanimously in favor _Denbigh Road Water - FRONT END LOADER SPECIFICATIONS Swenson moved and Hasse seconded a motion RESOLUTIdE ?2-329 RESOLUTION ACCEPTING SPECIFICATIONS FOR A FRONT END LOADER AND AUTHORIZIN6 ADVERTISEMENT FOR BIDS The vote was unanimously in favor REVENUE SHARING Fenstad moved and Swenson seconded a motion RESOLUTION ?2-350 RESOLUTION SUPPORTING T~ CONTIN~TI~ OF &ENERAL REVENUESHARING The vote was unanimously in favor COMMERCIAL DOCKS Ulrick moved and Swenson seconded a motion RESOLUTIC~ 7[~-351 RESOLUTION OPPOSING LMCD LEVYING ADDITIONAL FEES ON COMMERCIAL DOCKS The vote was unanimously in favor. Aberdeen Road - No parking item - no action TAX FORFEIT LAND Fenstad moved and Hasse seconded a motion RESOLUTION ?~-3~2 RESOLUTION ASKINGRELFJkqE OF LOT 2~ BLOCK 2~ WYCHWOOD FOR PUBLIC SALE The vote was unanimously in favor 111 WATER ACCOUNT 569 4906 - discussed Swenson moved and Philbrook seconded a motion to table the matter of Water Account Number 569 2906. The vote was unanimously in favor. COMMENTS ANB SUC~ESTIONS FROM GITIZE~S PRESENT - no response TRANSFER OFFUNDS Swenson moved and Philbrook seconded a motion RESOLUTION 72-353 RESOLUTION AUTHORIZING TRANSFER OF FUNDS The vote was unanimously in favor BILLS Bills were prewented for consideration. Swenson moved and Philbrook seconded a motion to pay the bills presented where funds are available. The vote was unanimously in favor. The bills totalin§ $~3,523.95and labed bills for November 12, 1972 are on file in the office of the City Clerk OPEN MEETING LAW Ulrick moved and Fenstad seconded a motion RESOLUTION 7h-35h RESOLUTION REpUESTING Lt~GISLATURE TO AMEND THE OPEN MEETING LAW The vote was unanimously in favmr PARK COMMISSION APPOINTMENT AND RESIGNATION Hasse moved and Swenson seconded a motion RESOLUTION RESOLUTION ACCEPTING THE RESIGNATION OF DON PHILLIPS FROM THEADVISIORY PARK COMM/~IONAND APPOINTING HALI]EN W. LARSON TO FINISH OUT THE UNEXPIRED TERM OF DON PHILLIPS (Until 12,31, 1976) The vote was unanimously in favor. Discussed were: Tuxedo Blvd Zulke Trail Police Car Tattle Tales Docks Street Maintenance Clean Up on State Property School Bus Problems Highway Systen Plannin9 Oroup Fenstad moved and Swenson seconded a motion to adjourn. in fcvor so adjourned. The vote was unanimously