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1977-06-14105 MINUTES OF THE COUNCIL r1EETZ~.G OF JUNE 14, 1977 lT 7:00 P.~1. AT THE MOUND COUNCIL CHArIBERS Present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Orval renstad, Robert Polston and men tdithhart, City Engineer r3illiarn McCombs and City Manager Leonard L. Y.opp. INFORrfAL HEARING - BLUEBIRD, DOVE iiiv'D WOODLAND ST.P.EET IMPROVE~NTS City Engineer William McCombs presented a slide presentation of proposed street improvements in the area of Bluebird Lare, Dove Lane .and Woodland F.oad. Persons present offering com*nent or question included: Leonard Frahm, 1555 Dove Lane Willard Hillier, 1551 Canary Lane Alan Hofstadter, 5139 Woodland Road Robert Anderson, 1601 Bluebird Lane Jim Heitz 1713 Bluebird Lane Ellsworth Anderson, 1749 Bluebird Lane Dave Klein, 1653 Eagle Lane Mike Blood, 1675 Dove Lane Barbara Stuth, 1543 Bluebird Lane Gordon Swensen~ 1605 Bluebird Lane Wm. Kurtzig, 1637 Eagle Lane Fenstad moved and Swenson seconded a motion RESOLUTION 77-251 RESOLUTION REQUESTING THE ENGINEER TO PREPARE A PRELIMINARY REPORT FOR STREET IMPROVEMENTS ON BLUEBIRD LANE, CANARY LANE, DOVE LANE, EAGLE LANE, FINCH LANES GULL LANE, A,'4D WOODLAND ROAD TO BE PRESENTED AT THE COUNCIL MEETING OF JULY 12, 1977 AND TO INCLUDE STORM DRAIN PLANS FOR THOSE AREAS PROPOSED FOR STREET IMPROVEMENTS. The vote was unanimously in favor. The Council determined to hold an informal hearing on July ~, 1977 at 7:00 p.m. with the residents on Avocet through Gull to allow them to became aware of the proposed improvements and raise any questions or comments. COUNCIL i4EETING rSI NUTS: S The minutes of the Informal Hearing of June 7, 1977 were presented for consideration. Swenson moved and Withhart seconded a motion to accept the minutes of the meeting as presented. The vote was unanimously in favor, so carried. The minutes of the Board of Review of June 7, 1977 as continued from Nlay 31, 197? were presented for consideration. Swenson moved and Polston secor.~~d a motion to accept the minutes as presented. The vote was unanimously in favor, so carried. The rninutes of the regular council meeting of J~:ne 7, 1977 were presented for consi3e~ation. Polston moved and Swenson seconded a motion to accept the minutes as presented. The vote was unanimously in favors so carried. VACATIG:I OF EASEMENT - LOT 15, BLOCK 2, PEMBROKE The t4ayor opened the public hearing for any comments from those present. No persons were present to register objection. Fenstad moved and Swenson seconded a motion RESOLUTION 77-252 RESOLUTION DECLARING THE VACATION OF EASEMENT OPd LOT 15, BLOCK 2, PEMBROKE ANll DIRECTING OWNERSHIP TO REVERT TO THE ABUTTING PF,OPERTY OTdNEP.. The vote was unanimously in favor. 106 ~ PUBLIC IIEARING - ON St1LE Gv'INE LICENSE - AL AND ALIlE~~ S The i~iayor opened the public hearing for any comments from those. present. No persons were present to.register objection. Fenstad moved and Swenson seconded a motion RESOLUTION 77-253 RESOLUTION GRANTING AIV ON SALE FFINE LICENSE TO AL AND ALMA' S - J~'1MES NOLAN, 06•FNER The vote was unanimously in favor. PLANNING COMi4ISSI0N MINUTES Item #~1 - Subdivision of Land - Lots 4-8~ I3locic 18~ Avalon Fenstad moved and Swenson seconded a motion RESOLUTION 77-254 RESOLUTION TO CONCUR WITH THE PLANNING CO2IM- ISSION RECOMy1Eh*DATION TO. APPROVE THE SUBDIVISION OF LOTS 4-8~ BLOCK 18~ AVALON WITH THE PROVISION THAT ALL BUILDINGS MEET THE SETBACK REQUIREMENTS. The vote was unanimously in favor. Itemrr2 - Lake Front and Side Yard Variance - Lot 8~ Skarp & Lindquist~s Swenson moved and Fenstad seconded a motion RESCLUTION 77-255 RESOLUTION TO CONCUR WITIi THE PLANNING COI`41- ISSION RECOrL*1ENDATION TO APPROVE WITH THE VARIAICE OF A SIX INCIi SIDE YARD VARIANCE AND A FIVE FOOT LAKE FRONT VARIANCE. The vote was unanimously in favor. Item ~3 - Lake Front Variance - Lot 28, Auditors Subdivision 170 Swenson moved and Polston seconded a motion P.ESOLUTICN 77-256 RESOLUTION TO CONCUR WITH THE PLANNING COMM- ISSION REC0~1iiENDATION TO APPROVE THE VARIANCE WITH THE PROVISION THAT NO OTHER VARIANCES AP.E P.EQUIRED AND THAT THE DECK SECTION SHALL P.Ei~P.IN OPEN EXCEPT FOR THE RAILING. The vote was unanimously in favor. Item ~5 - Sign Variance - Woodcrest Subdivision F7ithhart moved and Fenstad seconded a motion to table this item until such a time that more information is available to the Council. The vote was unanimously in favor. Item -,,'~-6 - Special Use Permit - Lots 6-11 and Part of Lots 6, 14-iis, Block 1~ Shirley Hills Unit A Swenson moved and Withhart seconded a motion PESOLUTION 77-257 RESOLUTION TO CONCUR WITH THE PLANNING COIvL'~1- I ISSION RECOi~1.iENDATION TO APPROVE THE SPECIAL USE PERMIT ALLOWING A CRAFT AND GIFT SHOP TO OPERATE BUSINESS AT THE ABOVE Nr1P1ED LOCATION. The vote was unanimously in favor. Item ~7 - Street Front Variance - Lots 16, 17 and 18, Block 15, Seton Polston moved and Fenstad seconded a motion PESOLUTION 77-258 RESOLUTION TO CONCUR WITH THE PLANNING COigi- ISSION RECOrItfENDATION TO APPROVE TIIE STREET FP,ONT VARIANCE WITH THE PROVISION THAT GALWAY ROAD NOT BE BLOCKED. The vote was unanimously in favor. la7 Council P4emorandurn 77-173 - Burkhalters - Lot 16, I31ocl: 6, The ~Iighlands The Council reviewed the Planning Corrrni.ssion zziinutes of May 12, 1977 as they regard the street front variance of Lot. 16, Block 6, The Highlands. Folston moved and Swenson seconded a motion to table this item until such a time that more information is available to the Council. The vote was unanimously in favor. F.EQUEST TO REC0:ISIDEF. RESULUTION 77-206 rir. Terry OfSullivan~ owner of Lots 3, 4 and 5~ Block 14, Shadywood Point was present to request the Council to reconsider the resolution passed (77-206} requiring the removal of a garage on the above property as a stipulation of the division of the property. Lovaasen moved and Swenson seconded a motion to table this item until such a time that more information is available to the Council. The vote was unanimously in favor. CCP•~IENTS AND SUGGESTIONS OF CITIZENS PRESENT Oswin Pflug 4440 Denbigh P.oad asked when the revision of the Zoning Code would be completed and if it was possible to publish the agenda prior to council meetings. REQUEST FOR STREET I2IPROVEMENT - ESSEX LANE AND BEDFORD ROAD The Council reviewed Council Memorandum 77-164 regarding the request for street improvements in the area of Essex Lane and Bedford .Road. jdithhart moved and Swenson seconded a motion PESOLUTION 77-259 FESOLUTION REQUESTING THE CITY ENGINEER TO PREPARE A FEASIBILITY STUDY ON THE PROPOSED STREET IPIPROVEr1ENTS FOR ESSEX LANE AND BEDFORD ROAD AND INCLUDE DENBIGH F.OAD AND ALL RESIDENT- IAL STREETS NORTH OF COUNTY ROAD ,x`125 ON ISLAND PARK. The vote was four in favor with Councilmember Polston temporarily absent from the table. TREES PJEAR COldSTRUCTION The City Engineer displayed slides showing several maple trees on Three Points Boulevard between Eagle Lane and Finch Lane that appear to be dying. The question of the possible liability of the city was discussed since street construction was performed in this area in 1975 and completed in 1976. The Council determined to take no action at this time. FINAL PAYMENT AND CHtu'VGE ORDER - DEVON SEDIriGtdT BASINS The Council reviewed Council rlemorandurn 77-167 regarding a change order on the construction of the Devon Sediment Basins by Metro Engineering. Fenstad moved and Lovaasen seconded a motion RESOLUTION 77-260 RESOLUTION AUTHOP.IZING PAYMENT OF CHANGE ORDER #~2 TO Z4ETR0 ENGINEERING IN REGARD TO THE CON- STRUCTION OF DEVON SEDI2SENT BASINS, IN THE AMOUNT OF $775.00. The vote was unanimously in favor. COl1NTY ROAD;~15 REROUTE Withhart moved and Swenson seconded a motion RESOLUTION 77-261 RESOLUTION REQUESTING THE COUNTY TO REINSTATE PROJECT P10. 6913 TIIE P.EF.OUTING OF COUNTY ROAD X15 FP.O*4 CYPF.ESS LANE TO COt•Ti`1ERCE BOULEVARD AND SCHEDULE THE PROJECT IN THE COUNTY CON- CO`d5TF.UCTION PROGRAM. The vote was unanimously in favor. COUNTY P,OAD-110 Fenstad moved and ~~ithhart seconded a motion RESOLUTICN 77-262 P,ESOLUTION t:PPROVING PRELIMIt3ARY PL~1N5 FOR TIIE If-SPP.OVEf~P1T OF COUNTY RO.nD 7110 FF.OI.1 LYN4700D BOULEVAID TO THE NOP.TI-I CITY LI2~IITS The vote was unanimously in favor. SUPEP~-c~P1EP.ICA FIi:E - TEf~iPORAP.Y STORAGE PERf4IT 2-Ir. Henry Truelson, BuildinU Inspector advised the Council of the recent fire at the Super America Station. Lovaasen moved and.Swenson seconded a motion RESOLUTION 77-263 RESOLUTION ALLO[rTING TEMPORARY STORAGE OF OFFICE EQUIPr~NT AND OTHER SUCH ITEMS AS NECESSARY IN A SEI•II TRAILEP. ON THE SITE CF THE RECENTLY BURNED SUPER-AFRICA STATION NOT TO EXCEED FORTY-FIVE DAYS. The vote was unanimously in favor. TAX FORFEIT LAND - LOT 2, BLOCK 5, SIiADYt300D POINT tdithhart moved and Swenson seconded a motion PESOLUTION 77-264 RESOLUTION AUTHORIZING TIIE RELEASE OF LOT 2, BLOCK 5~ SIIADYWOOD POINT FOR TAX FORFEIT SALE AT THE NEXT PUBLIC AUCTION ADVISING HENNEPIN COUNTY THAT THE LOT IS UNDERSIZED AND UiQBUILD- 1~BLE. The vote was unanimously i:Z favor. P.EQUEST FOR 3.2 BEER LICENSE - I.10UNll FIRE DEPARTMENT Polston moved and t•~ithhart seconded a motion P.ESOLUTION 77-265 RESOLUTTON GRANTING A THREE-DAY TEMPORARY 3.2 BEER LICENSE TO THE riOUND FIRE DEPARTMENT FOR THEIR ANNUAL FISI-I FRY TO BE HELD JUNE 25. The vote was unanimously in favor. TUXEDO BOULEVARD EASEMENTS t•Iithhart moved and Fenstad seconded a motion PESOLUTION 77-266 RESOLUTIONd AUTHORIZING OBTAINING OF RIGHT OF WAY EASEMENT OF LOTS 6 and 7~ BLOCK 2, DEVON IN TIIE all~10UNT OF $700.00 FOP. TUXEDO BOULEVARD The vote was unanimously in favor. Fenstad moved and Swenson seconded a motion RESOLUTION 77-267 RESOLUTION AUTHORIZING OBTAINING OF RIGHT OF WAY EASEMENT OF LOT 1, BLOCK 7 ~ PEAiBROKE IN THE AriOUNT OF $1360.00 FOR TUXEDO BOULEVARD The vote was unanimously in favor. Withhart moved and Swenson seconded a motion RESOLUTION 77-268 PESOLUTION AUTHORIZING OBTAINING OF RIGHT OF WAY EASEriENT OF LQT 13, BLOCK 8~ PEf~fBP.OKE IN THE AMOUNT OF $50.00 FOR TUXEDO BOULEVARD The vote was unanimously in favor. 1os ~r 109 Polston moved and Fenstad seconded a motion RESOLUTION 77-269 RESOLUTIO'~ EIUTHOI2IZING Oi3TAINING OF P.IGHT OF j7AY EASE~NT CF LOTS 3, ~ and S, FLOCK 10, DEVON IN THE Ar:QUNT OF $810.00 F L'R TUXEDO BOULEVA.T'.D The vote was unanimously in favor. COiL`.tERCIAL DOCEC PEF.i•1ITS FCR 1977 Swenson moved and Polston seconded a motion RESOLUTION 77-270 i ESOLUTIOPd APPROVING TILE ISSUANCE OF THE COiTriER- CIAL DCCK LICENSES FOR CEP.TAIP3 COMI~4EP.CI~1L ESTAB- LISHI.SENTS IN THE CITY CF A10U2JD FOP. 1977. The vote was unanimously in favor. TPANSFER OF FUNDS Fenstad moved and ~dithhart seconded a motion PESOLUTION 77-271 RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN CITY FUNDS. The vote was unanimously in favor. BILLS A list of bills totaling $ 127,110.55 was presented for consideration. Fenstad moved and Swenson seconded a motion to pay these bills where funds are available. The vote was unanimously in favor. INFORMATION PIEMOR~IVDUP4 - SUESIDIZED HOUSING The Council reviewed the informational memo from the City Aianager regarding subsidized housing as relates to H.U.D. grants. The Council determined to request the Manager contact the local H.U.D. representative to attend a meeting of the Council and Planning Commission on June 27, 1977 at 7:00 p.m. and postpone the Street meeting until 8:00 p.m. on that same evening. Fenstad moved and ~lithhart seconded a motion to adjourn to the next meeting on June 21s 1977. The vote was unanimously in favors so carried. and ad- journed. .Mary Marske, Acting City Clerlc Attested Leo and L. Kopp, City Pa r 1