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1977-07-12119 REGULAR i•1EETIIr'G OF THE CITY COUNCIL July 12, 1977 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, riinnesota was held at 5341 Maywood Road in said City on July 12, 1977 at 8:00 p.m. Those present were: r4ayor Tim Lovaasen, Councilmembers, Orval Fenstad, Gordon Swenson, Robert Polston and Benjamin Withhart. Also present were City Manager Leonard L. Kopp, City Engineer William P1cCombs, City Attorney Curtis Pearson and City Clerk Mary H. Marske. APPROVAL OF MINUTES The minutes of July 5, 1977 were presented for consideration. Polston moved and Withhart seconded a motion to accept the minutes of the meeting of July 5, 1977 as presented. The vote was unanimously in favor, so carried and accepted. PLANNING COMMISSION RECOMMENDATIONS Sign Variance - Woodcrest Fenstad moved and Polston seconded a motion to continue this item to the meeting of July 26, 1977. The vote was unanimously in favor. Subdivision of Land - Lots 3, 4 & 5, Block 14, Shadywood Point Mr. Terry O~Sullivan owner of the property appeared before the Council to appeal the decision made by the council regarding Resolution 77-206. The Council deter- mined to uphold the findings cited in Resolution 77-206. Side Yard Setback - Lot 16 and Part of Lot 15, Block 6, The Highlands Polston moved and Fenstad seconded a motion to deny approval of construction of a garage on the public right of way. The vote was unanimously in favor. Withhart moved and Polston seconded a motion to direct the staff to work with the owner to establish the necessary variance incurring the least amount of hardship on the owner. The vote was unanimously in favor. The Council requested this item be placed on the agenda of the meeting of July 19, 1977. Subdivision of Land -Lot 1, Block 14, Mound Terrace Withhart moved and Fenstad seconded a motion RESOLUTION 77-291 RESOLUTION TO.CONCUR WITH THE_PLANNING COP1M- ISSIOId RECOMFiENDATION TO APPROVE THE SUBDIV- ISION. The vote was unanimously in favor. Side Yard Variance - Lot 1, Block 13, Mound Terrace Swenson moved and Withhart seconded a motion RESOLUTION 77-292 RESOLUTION TO CONCUR. WITH THE PLANNING COliri- ISSION REC02~1t•1ENDATION TO nPPROVE THE SIDE YARD VARI~~CE. The vote was unanimously in favor. Double Front Yard Variance - Lots 1, 2~ 28, 29 & 30sBlock 8, Wychwood Polston moved and Withhart seconded a ?notion RESOLUTION 77-293 RESCLUTION TO CONCUR WITIi THE PL!~'VNING COtsi~i- ISSION P.ECOMIIENDATION TO e~PPROVE THE DOUBLE FRONT XARD VARIANCE. 'i`he vote was unanimously in favor. 120 Double Front Yard Variance - Lot 6; Block 1, Avalon The Council determined to table this item until a recommendation is forthcoming from the Planning Commission. Front & Side Yard Variance - Lot 27 and Part of Lot 28, Block 5, The Highlands Lovaasen moved and Swenson seconded a motion RESOLUTION 77-294 RESOLUTION TO CONCUR WITH THE PLfaI1NING COP~II1- ISSIOid TO ALLOt~7 A FRONT YARD VARIANCE AND ALSO TO ALLOW A 2.5 FOOT SIDE YARD VAPIANCE. The vote was unanimously in favor. Special Use Permit -Lots 7-11, Parts of 6, 14-18, Block 1, Shirley Hills Unit A Fenstad moved and Swenson seconded a motion RESOLUTION 77-295 RESOLUTION PROVIDING FOP. A PUBLIC BEARING RE- GARDING A SPECIAL. USE PERMIT TO BE HELD JULY 26, 1977. The vote was unanimously in favor. Rear Yard Variance - Lots 16 & 17, Block 5, The Highlands Swenson moved and Fenstad seconded a motion to allow a five (5) foot rear yard variance. The motion failed with four nay votes and Swenson voting aye. 47ithhart moved and Polston seconded a motion RESOLUTION 77-296 RESOLUTION TO APPP.OVE A NINE (9) FOOT REAR YARD VARIANCE. The resolution carried with Fenstad and Swenson voting nay citing the reason for the nay vote to be that a lesser variance would not pose a hardship. The Mayor requested that the matter be referred to the Planning Commission to request a re-definition of rear yard and side yard as they affect corner lots. Non-Conforming Use - Lot 1 and Part of Lot 2~_ Block 13, Devon Fenstad moved and Swenson seconded a motion RESOLUTICN 77-297 RESOLUTION TO CONCUR WITH THE PLANNING COtgi- ISSION RECOMMENDATION TO ALLOW THE NON-CON-~ FORMING USE. The vote was unanimously in favor. Rear & Side Yard Variance - Lots 10, 11 :& 12, Block 10, Dreamwood Fenstad moved and Polston seconded a motion PESOLUTION 77-298 RESOLUTION TO CONCUR WITH THE PLAL'VIdING COP1ti- ISSION RECOIfriENDATIOid TO ALL06d THE REAR AND SIDE YARD VAPIANCE. The vote was unanimously in favor. Rear Yard Variance - Lots 15 & 22, Part of Lots 16 & 21, Block 6, Zdoodland Point Swenson moved and Fenstad seconded a motion RESOLUTION 77-299 P.ESOLUTIOid APPROVING CONSTRUCTION OF AN OPEN DECK AI1D ALLOWING A REAR YARD VAPIANCE WITH THE STIPULATZOid TIiAT IT NOT BE AN ENCLOSEll DE CIC . The vote was three in favor with Lovaasen and tiJithhart Voting Iiay. 121 Front and amide Yard Variance -Lots 14 & 23, Block 6, Woodland Point Swenson moved and Withhart seconded a motion RESOLUTION 77-300 RESOLUTION TO CONCUR WITH THE PLANPdING COTq~i- ISSION RECO,'~fMENDATION TO APPROVE T1iE FRONT YARD VARIANCE WITH THE STIPULATION THAT ADD- ITIONAL LAND BE ACQUIRED SO A SIDE YARD VAR- LANCE IS NOT NECESSARY. The vote was unanimously in favor. REQUEST FOR STP.EET IMPROVEMENT - SUi•1AC LANE Lovaasen moved and Swenson seconded a motion to place this item on the agenda of the meeting of July 25, 1977. The. vote was unanimously in favor. REQUEST FOR .STREET IMPROVEMENT - MANCHESTER ROAD - BRIGHTON BLVD TO LAKE Lovaasen moved and Fenstad seconded a motion to place this item on the agenda of the meeting of July 25~ 1977. The vote was unanimously in favor. ESTIMATE - STREETS TONKAWOOD AREA EAST Lovaasen moved and Fenstad seconded a motion RESOLUTION 77-301 RESOLUTION PROVIDING FOR AN INFORMAL PUBLIC HEARING P.EGAP.DING THE STREET IMPROVEMENTS PROPOSED FOR TONKAWOOD AREA EAST FOR AUGUST 2, 1977. The vote was unanimously in favor. PPELIMINARY REPORT - LANGDON HEIGHTS STREETS The Council determined to hold this item until the meeting of July 25, 1977. PRELIMINARY REPORT - LANGDON LANE STREET IMPROVEMENT The Council determined to hold this item until the meeting of July 25~ 1977. ADDENDUM TO C.Ai. 77-166 TREES NEAR CONSTRUCTION The Council determined to hold this item until the meeting of July 25, 1977 and request the Tree Inspector to attend the meeting. PARKING LOT - MEDICAL CENTER The Council directed the Chief of Police and Attorney to confer in regard to this problem to determine if an ordinance amendment would provide a solution . COMtiENTS AND SUGGESTIONS BY CITIZENS PRESENT Na matters were introduced at this time. POLICE RESERVES Withhart moved and Swenson seconded a motion RESOLUTION 77-302 RESOLUTIONd DIRECTING ATTORNEY TO DF,AFT AN ORDIPdANCE AriENDP1ENT REGARDING THE ESTABLISIi- lILNT OF A POLICE RESERVE UNIT The vote was unanimously in favor. DELINQUENT WATER BILLS Lovaasen moved and Fenstad seconded a motion RESOLUTION 77-303 RESOLUTIOi1 PROVIDING FCR A PUBLIC HEAPING P..EGARDING"DELINQUENT WATER BILLS TO BE HELD ON AUGUST 9, 1977. The vote was unanimously i.n favor. 122 HOI.1E ItiPROVEPRENT GRANT FUNi1S Fenstad moved and Withhart seconded a motion RESOLUTION 77-304 RESOLUTION REQUESTING AND AUTHCRIZING THE METROPOLITAN COUNCIL HOUSING AND REDEVELOP- I~tdT AUTHORITY TO APPLY FOR REHt1BILITATION GRANT FUNDS FOR Il•~'LEIiENTATION OF THE HOi~1E IPiPRCVEMENT GRANT PP.OGRAii WITHIN THE CITY OF MOUND. The vote was unanimously in favor. TORRENS PROCEEDINGS The Council .directed the attorney to proceed with the necessary actions in the matter of the Torrens Proceedings regarding Lots 1 ;0 5, Block 1, Lake Side Park Crackers 1st Division. TRANSFER OF FUNDS Swenson moved and Withhart seconded a motion RESOLUTION 77-305 RESOLUTION AUTHORIZING THE T^.~~ISFER OF CERTAIN CITY FUNDS. The vote was unanimously in favor. PAYMENT OF BILLS A list of bills totaling $139897.44 was presented for consideration. Swenson moved and Polston seconded a motion to pay these bills where funds are available. The vote was unanimously in favor. INFOR?~ATION MEMORANDUP•1 77-134 -DOG ORDINANCE The Council briefly discussed the newly amended dog ordinance with the Chief of Police regarding the definition of certain sections. UPPER TONKA COUNCIL Fenstad moved and Polston seconded a motion RESOLUTION 77-306 RESOLUTION AUTHORIZING THE PAYMENT OF UP TO X1,000 TO THE UPPER TONKA COUNCIL IN THE FORM OF SALARIES TO SU2~~IER ACTIVITIES El`SpLOYEES. The resolution passed with Swenson and Withhart voting nay. Polston moved and Withhart seconded a motion to adjourn to the meeting of July 19~ 1977 at 7:00 p.m. The vote was unanimously in favors so carried and adjourned. Mary H. Marske~ City Clerk At es Leonard L. Kopp City M ag r r