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1977-03-0840 MINUTES OF THE COUNCIL MEETING OF MARCH 8, 1977 at 7:30 P. M. at the CITY COUNCIL CHAMBERS Present were: Mayor Tim Lovaasen, Councilmen Gordon Swenson, Orval Fenstad, Be.n Withhart and Robert Polston; Attorney David Kennedy a.nd City Manager Leonard L. Kopp. MINUTES The minutes of the meeting of February 15, 1977 were presented for consideration. Fenstad moved a.nd Swenson seconded a motion to accept the minutes of the meeting of February 15, 1977 as presented. The vote was unanimously in favor,- so carried and. accepted. The minutes of the meeting of February 16, 1977 were presented for consideration. Fenstad moved. and Swenson seconded a motion to accept the minutes of the meeting of February 16, 197' as presented.. The vote was unanimously in favor so carried and accepted. The minutes of the meeting of February 22, 1977 were presented for consideration. The mayor requested that resolutions 105 end 106 be included. in these minutes in full. Councilman Fenstad directed that the commending resolutions for Alan Greene a.nd Toby Krause include the reaao.n for the commendation in the titles. Lovaasen moved a.nd Fenstad seconded a motion to table these minutes. The vote was unanimously in favor, so carried and tabled. The minutes of the meeting of February 23, 1977 were presented for consideration. Lovaasen moved and Swenson seconded a motion to accept the minutes of the meeting of February 23, 1977 as presented. The vote was unanimously in faYVOr, so carried a.nd accepted. PLANNING COMMISSION RECOMMENDATIONS Item 1 SIGN VARIANCE Ted Ganzel appeared. for the petitioner at the Water Care Bldg o.n Bartlett and, Shoreline - Skarp's East Lawn Councilman Withhart is opposed. to the variance. Ted. Ganzel ask the council to bring the ordinance up-to-date so the commercial area and the businessmen would. not have to go thru such a hassel each time a sign was needed; and. he as a businessman in the sign business was especially aanmxti~mius to have this done. Fenstad moved and. Polston seconded a motion RESOLUTION 77-109 RESOLUTION GRANTING A VARIANCE FOR .~Y'WO 4 x88 foot SIGNS; - 4805 Bartlett Boulevard -SUCH SIGNS TO BE ATTACHED TO THE BUILDING . in {" . c-~ ~r. ThetR~aillCall Vote: Fens tad Aye Polston Aye Swenson Aye Withhart Nay Lovaasen Aye So resolved TRAILER ON WATER CARE PROPERTY The Building Inspector stated that this trailer on the Water Care property is being used. for storage illegally. Council ma.n Swenson ask to have the staff write a letter to the owner and. have the trailer removed by April 1, 1977. // 41 1 1 1 Fenstad moved and Withhart seconded a motion to table the matter of the trailer at Water Care. Roll Call Vote Swenson Aye Withhart Aye Fenstad Aye Polston Aye Lovaasen Nay So carried SIGN ORDINANCE Lovaasen moved and Polston seconded. a motion to direct the staff to send a message to the Planning Commission to bring the proposed sign ordinance to the City Council as soon as possbble. The vote was unanimously in favor, so carried. and directed.. Item 2 Narr Construction Lots 1 & 2, Block 17, 5hadywood. Point Request subdivision of land. A representative of Narr Construction was present to appeal the denial of the Planning Commission of their request for the subdivision of Lots 1 & 2, Block 17, 5hadywood Point. Swenson moved and Withhart seconded a motion RESOLUTION 77-110 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION ~.9ND DENY THE SUBDIVISION OF LAND _- .Lots 1 & 2, Block 17, 5hadywood Point The vote was unanimously in favor of denial Item 3 Dewey A. White Lot 8, Block 4, Shadywood Point Request street front variance Dewey White was present. Fenstad. moved. and Swenson seconded a motion RESOLUTION 77-111 RESOLUTION TO CONCUR WITH THE. PLANNING COMMISSION AND GRANT A 10 FOOT STREET FRONT VARIANCE PROVIDING ALL OTHER REQUIREMENTS ARE MET - Lot 8, Block 4, Shadywood Point The vote was unanimously in favor Item 4 John R. Anderson Lots 7 & 19, 1/2 of Lots 8 & 18, Block 15 Avalon Request 5id.e Yard Variance John R. Anderson was present. 5wenso.n moved and. Polston seconded a motion RESOLUTION 77-112 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND GRANT A SIDE YARD VARIANCE OF 9 INCHES FOR EXPANSION OF STRUCTURE CONDITIONAL ON STRUCTURE BEING BROUGHT UP-TO-CODE -Lots 7 & 19 and Part of Lots 8 & 18, Block 15, Avalon The vote was Withhart abstaining and all others in favor 42 Item 6 Mr. H. Freeborn Lots 36 & 37, Mound. Addition Request subdivision of land Mr. Freeborn was present and agreed to pick up the additional assessments. Withhart moved and Polston seconded a motion RESOLUTION 77-113 RESOLUTION WAIVING REQUIREMENTS OF CHAPTER 22 OF THE CITY CODE REGARDING THE DIVISION OF PROPERTY -Lots 36 & 37, Mound Ad.ditio.n The vote was unanimously in favor AMENDING ZONING ORDINANCE -PUBLIC HEARING To add a requirement of the rear yard set-back of 15 feet i.n districts where such set-backs are not specified.. A Public Hearing is required. to amend the Zoning Ordinance. Fenstad. moved. and 5we.nson seco.nd.ed. a motion RESOLUTION 77-114 RESOLUTION ORDERING A PUBLIC HEARING April 12, 1977 at 7:30 P. M. AT MOUND CITY HALL TO AMEND SECTION 23.32 OF THE ZONING CODE AND ADD SUBSECTION "which will require 15 foot rear yard setback in all use districts where a specific rear yard setback is not specified". Withharti was temporarily ,absent and did nc~t vo'te;~.al,~~~ttzers"~voted,i.na~~vor. Alan Greene appeared before the council and formally received. his Resolution of Commendation (Resolutionn 77-96) and. the personal oAng-~~:~i~h~ata~ox~s~frtil~e~~.¢~q,~r~~ciilaa;s well as the applause of the audience present. The resolution commended him for his Imany years of service to the city and. especially for his chairmanship of the Park Commission. WEST SUBURBAN TRAILS REPORT Hal Larson, chairman of the Park Commission made the report. Withhart moved. and. Swenson seconded a motion RESOLUTION 77-115 RESOLUTION AGREEING IN PRINCIPLE WITH THE WEST SUBURBAN TRAILS REPORT.' The vote was unanimously in favor COMMONS MAINTENANCE & PERMITS -discussed. will agenda o.n March 15, 1977 WELL NUMBER 6 CHANGE ORDER George Boyer of Eugene A. Hickok & Associates, Inc. explained the need for the change over, the emergency work that was done to put well number six. into operation when well number three caved. in and. became inoperatable. Polston moved and. Withhart seconded a motion RESOLUTION 77-116 RESOLUTION APPROVING CHANGE ORDER NUMBER 2 FOR WELL HOUSE NUMBER 6, anc~ AU`fiI-IORIZING THE MAYOR AND THE MANAGER TO SIGN THE CONTRACT AMENDMENT - $1, 819.65 43 Roll Call Vote Fenstad Aye Pots to.n Aye Swenson Nay - not spending taxpayers money wisely Withhart Aye -not good. expenditure of taxpayers money Lovaasen Aye So resolved. WELL NUMBER 7 PUMP HOUSE George Boyer presented the. Plans a.nd Specifications for Well Number 7; this includes moving ?the chemicals a.nd repair tb the electrical panel. Alternate bid is for the automatic operation of all wells. Fenstad moved and Polston seconded. a motion RESOLUTION 77-117 RESOLUTION APPROVING PLANS AND SPECIFICATION FOR PUMP HOUSE NUMBER 7 AND ADVERTISING FOR BIDS - Open Bids April 4, 197 % at 2 P. M. -Agenda of April 5, 1977 for Council consideration The vote was unanimously in favor WATER AND SEWER ACCOUNT 2;59-583 Bud. 5koglu.nd appeared before the council and. explained that by not reading his water meter i.n September 1976 thus resulting in a base sewer charge of $60. 00; he requests that the amount be averaged. Polston moved and Withhart seconded a motion RESOLUTION 77-118 RESOLUTION DENYING THE ADJUSTMENT OF WATER AND SEWER ACCOUNT 259 5823. The vote was unanimously in favor. COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT Jeanette Gellman -Ask if they ever found where the reported 40°'/0 loss of water went to. Public Works Director, Bob Miner -Answered that we were never losing 40°0 of our water and that we only have about three consumers without meters Bud Skoglu.nd. -Wanted ~~ council to consider a.n ordinance making smoke detectors mandatory in Mound ROAD MATERIALS BID The Public Works Director recommended the Mueller & Sons Bid for the Buffalo Bitumino~x~s°because of the satisfactory experience with Mueller & Sons. Fenstad moved. and Withhart seconded a motion RESOLUTION 77-119 RESOLUTION ACCEPTING THE BIDS FOR ROAD MATERIALS AND AWARDING BIDS TO THE FOLLOW- ING Gravel - Wm Mueller & Sons Binder Rock, a.ll sizes -River Warren Aggregates, Inc. Sealing Rock -Buckshot - Wm Mueller & Sons Sealing Rock - 3/8 Limestone -Kraemer & Sons Oil, MC & AC - Wm Mueller & Sons Bituminous Mix, MC & AC - Wm Mueller & Sons Sand -Anderson Aggregate Compaction Sand - Wm Mueller & Sons The vote was u.na.nimously in favor 44 CIGARE~'TE LICENSES Lovaasen moved, a.nd Swenson seconded a motion RESOLUTION 77-120 RESOLUTION APPROVING LICENSES TO SELL CIGARETTES: Al & Almas Supper Club Briarwood. Lnc. - 2 machines Surfside Inc. Tonka Vending for: VFW Club Snyder`s Thrifty Drug Mound. K.O. Station -Carl's Repair The vote was u.na.nimously in favor ..,~~~ GARBAGE & REFUGE COLLECTORS LICENSES Fenstad moved. and Lovaasen seconded a motion RESOLUTION 77-121 RESOLUTION APPROVING RENEWAL ~',E LICENSES TO GARBAGE & REFUSE COLLECTORS: Lake Sanitation Westonka Sanitation - formerly Way.ne's The vote was unanimously in favor DOCK PERMIT LIST NUMBER 1 Fenstad moved a.nd Withhart seconded a motion RESOLUTION 77-122 RESOLUTION APPROVING DOCK LIST NUMBER 1, FOR 1977 LICENSES -List Attached - , The vote was unanimously in favor TAX FORFEIT LAND Barry Rettke requested the release of Lot 24, Block 5, Shadywood Point and. Richard Gallagher requested the release of Lot 1, Block 15, Devon for tax forfeit sales, so that these respective properties could. be attached their adjacent property. Withhart moved. and, Swenson seconded a motion RESOLUTION 77-123 RESOLUTION REQUESTING SALE OF UNDERSIZED BUILDING LOTS _ Lot 1, Block 15, Devon and Lot 24, Block 5, Shadywood Point. The vote was u.na.nimously in favor TRANSFER OF FUNDS Swenson moved, and, Polston seconded. a motion RESOLUTION 77-124 RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN CITY FUNDS The vote was unanimously in favor BILLS A list of bills totaling $55, 223. O1 was presented for consideration. Fenstad. moved and Lovaasen seconded. a motion to pay these bills where funds are available. The roll call vote was unanimously in favor, so carried. INFORMATION MEMOS DISCUSSED i i~ 45 Comprehensive Plarz Dutch Elm Disease -Model Ordinance on Tree Removal Contractors Clerk-Treasurer -Job Description Ridgewood Road. -Retaining wall and the curb o.n Id1ew o.od. a.nd Ridgewood Prosecuting Attorney Shorewood Policing Sidewalks between Hess's garage a.nd. Lo.ngpres' Store -ice Telephone case PETITION FOR REHEARING ON TELEPHONE RATE CASE Withhartl moved. and. Swenson seconded a motion RESOLUTION 77-125 RESOLUTION DIRECTING THE ATTORNEY TO FILE THE L~T~~SSA~yF'~4'P~1~5'TT:O~ THE MINNESOTA PUBLIC SERVICE COMMISSION FORA REHEARING ON THE CONTINENTAL TELEPHONE VS MOUND. Swenson moved a.nd Withhart seconded a motion to continue this meeting until Friday, March 11, 1977 at 7:30 P. M. The vote was unanimously in favor, so carried and. adjourned. Barbara Heyman, City Cl Attest: j L onard L. Kopp, C Manager V 1 1