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1976-10-05132 MINUTES OF THE COUNCIL MEETING OF OCTOBER 5, 1976 at 7:30 P.M. AT THE CITY COUNCIL CHAMBERS Present were: Mayor Donald Ulrick; Councilmen GordonSwenson, Orval Fenstad, Tim Lovaasen and Frank Philbrook (who arrived at 7:45P.M.); Manager Leonard Kopp and Engineer Dave Squire:: MINUTES OF SEPTEMBER 15, 21, 22 and 28, 1976 Correction on Page 131, line 8 from October to November. Swensonmoved. and Lovaasen seconded a motion to accept the minutes of Sept. 21 and 22 and Sept. 28th as corrected. The vote was unanimously in favor, so carried and accepted. 15, CONTINUED HEARING ON THREE POINTS ROADS IMPROVEMENTS Affidavits were offered for' the splitting of Lots 2 and 3 Block 3, Dreamwood into one parcel and Lots Z0 and Z1, Lot 3, Dreamwood into another parcel. This would change the assessment on this property and thus affect the entire assessment roll. Lovaasen moved and Fenstad seconded a motion RESOLUTION 76-382 RESOLUTION APPROVING THE AMENDED ASSESSMENT ROLL FOR EAGLE, FINCH AND WOODLAND ( 8 % - 15 years - pay within 30 days without interest) $90,772.72 Note: Councilman Philbrook arrived at 7:45 P.M. The vote was - Philbrook abstains all others voted in favor Lovaasen moved and Fenstad seconded a motion BE IT MOVED, by the City Council that the engineer submit a report on the hair- line cracks in the concrete curb before final payment is made on this project. The vote was unanimously in favor DONALD ROAD CONTINUED HEARING Bill Smith, Gary Glasgow and BillGehrke · were present. The engineer stated that Gehrke's driveway would be re-surfaced but the slope on the yard was more than adequate and no further work was c0ntemplated~ on that. Lovaasen moved, and Fenstad seconded a motion RESOLUTION 76-383 The vote was unanimously in RESOLUTION APPROVING THE AMENDED ASSESSMENT ROLL FOR DONALD ROAD ( 8% - 15 years - 30 days without interest pay-period) $21,639.38 favor Lovaasen moved and 'Swenson seconded the motion BE IT/MOVED, by th'e City Council that a report be made on all complaints before final payment if made to the contractor, on the Donald Road project. The vote was unani.mously in favor HEARING ON DELINQUENT UTILITY BILLS Mr. Donnavan, 594'1 Hawthorne Road complained about the rusty water and ruined laundry items. He wanted to know what the status of the water system was now and when he could expect normal service. The mayor answered giving a resume of the water troubles and the time table for completion of the Well No. 6 and the repair of the Highland water tower. ....... 133 TURN OFF WATER ON DELINQUENT ACCOUNTS Swenson moved and Lovaasen seconded a motion RESOLUTION 76-384 RESOLUTION TO DIRECT THE STAFF TO TURN-OFF WATER SERVICE TO THE DELINQUENT WATER ACCOUNTS ON THE ATTACHED LIST. The vote was unanimously in favor CERTIFY DELINQUENT UTILITY ACCOUNTS FOR COLLECTION BY TAXES Swenson moved and Lovaasen seconded a motion RESOLUTION 76-385 RESOLUTION CERTIFYING FOR COLLECTION BY TAXES THE ATTACHED LIST OF DELINQUENT UTILITY BILLS TO THE HENNEPIN COUNTY AUDITOR -~ MOUND NUMBER ONE The vote was unanimously in favor RESOLUTION 76-386 RESOLUTION CERTIFYING FOR COLLECTION BY TAXES THE ATTACHED LIST OF DELINQUENT UTILITY BILLS TO THE HENNEPIN COUNTY AUDITOR - MOUND NUMBER TWO The vote was unanimously in favor DEVON ~S'TORM SEWER BIDS Lovaasen moved, and Swenson seconded a motion RESOLUTION 76-387 REsOLuTION ACCEPTING THE BIDS FOR DEVON STORM SEWER AND AWARDING THE CONTRACT TO METRO ENGINEERING INC. - $5,600.00 (5,000.00 from Water Fund and $600.00 Revenue Sharing Fund) The vote was unanimously in favor PLANNING COMMISSION RECOMMENDATIONS Item 2 Lots 1, 2, 3, 4, 9, and the north.ll feet of Lot 5, Block 12, Linden Heights Request front and side yard variances. Note: The Inspector stated that a street front variance of 1 foot and. a rear yard variance of 15 feet were needed and he recommended it. Mr. Don Kelly was present. Lovaasen moved and Fenstad seconded a motion RESOLUTION 76-388 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION AND GRANT A 1 foot STREET FRONT VARIANCE AND A 15 feet REAR YARD VARIANCE The vote was unanimously in favor VARIANCES ON NON-CONFORMING USE PROPERTY Lovaasen moved and Fenstad seconded, a motion BE IT MOVED, by the. City Council that the staff be directed to communicate to the Planning Commi ssion their request to change the ordinance with regards to variances on non-conforming use properties, such variances ha,re always a:re approved and the processing of such requests thru the Planning Commission and the Council seemed an unnecessary delay and expense. 134 The vote unanimously in favor. NO PARKING REQUEST Fenstad moved and Lovaasen seconded a motion to ordain ordinance 354 AN ORDINANCE AMENDING SECTION 46.29 SUB~DI:VISIJDN 6 SUBSECTION 16 TO PROHIBIT PARKING ON THE WEST SIDE OF ESSEX SOUTH OF BEDFORD The vote was unanimously in favor, so carried and ordained S TOP SIGN The Police Chief and the Public Works Director both recommended that stop signs be placed on Devon and Donald east and west of Devon; thus giving vehicles on Devon the right-of-way. Lovaasen moved and Philbrook seconded, a motion RESOLUTION 76-389 RESOLUTION DIRECTING THAT STOP SIGNS BE INSTALLED AT THE CORNER OF DEVON AND DONALD BOTH EAST AND WEST OF DEVON LANE The vote was unanimously in favor MOUND HOUSING AND REDEVELOPMENT AUTHORITY APPOINTMENT Lovaasen moved and Swenson seconded a motion RESOLUTION 76-390 RESOLUTION APPOINT ING. CARLTON N. GUSTAFSON TO A FIVE YEAR TERM ON THE HOUSING AND REDEVELOPMENT AUTHORITY OF MOUND (August 30, 1976 to August 29, 1981) The vote was unanimously in favor so carried The Manager was directed to prepare a resolution commending James Morton for his service on the Housing Authority. APPOINTMENT TO LMCD Councilman Fenstad volunteered to serve as representative of Mound to the LMCD until January 1, 1977, at which time the new council could make an appointment of an elected official to this post. Swenson moved and. Lovaasen seconded a motion RESOLUTION 76-391 RESOLUTION APPOINTING ORVAL FENSTAD AS MOUND REPRESENTATIVE TO THE LMCD UNTIL JANUARY 1, 1977. The vote was unanimously in favor COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT Don Kelly stated he thought the news coverage was inadequate and felt the minutes should be available to the public directly after the meeting. He suggested that the papers print an agenda of the past and present meetings. HOUSING PROGRAM AGREEMENT - no action 135 BUSH ROAD WATER ASSESSMENT The owner of Lots 40-43, Block 9, Mound Bay Park has signed a waiver of formal hearings for an assessment of $1,667.38 to put water to these lots. Fenstad moved, and Swenson seconded, a motion RESOLUTION 76-392 RESOLUTION ACCEPTING THE WAIVER AND ASSESSING LOTS 40-43, BLOCK 9, MOUND BAY PARK FOR WATER SERVICE INSTALLATION (8% - 15 years - Funds to be financed out'of Improvement and Equipment Outlay Fund The vote was unanimously in favor LOST CHECK Robert Hartigan's paycheck for September 30, 1976 has become lost. (Check #4180 for $287.36) A stop-payment order has been placed on the check at the State Bank of Mound. Swenson moved and Fenstad seconded a motion RESOLUTION 76-393 RESOLUTION AUTHORIZING A DUPLICATE CHECK TO BE ISSUED TO ROBERT HARTIGAN FOR $287.36 AND WAIVING THE BOND The vote was unanimously in favor ASSESSMENTS ON TAX FORFEIT LAND -RIDGEWOOD ROAD Fenstad moved and Lovaasen seconded a motion RESOLUTION 76-394 RESOLUTION DETERMINING TOTAL AMOUNTS THAT WOULD HAVE BEEN ASSESSED AGAINST CERTAIN PARCELS OF TAX FORFEITED LANDS IF SUCH PROPERTIES HAD BEEN SUBJECT TO ASSESSMENT AT THE TIME OF DETERMINATION BY THE CITY COUNCIL OF THE AMOUNTS TO BE ASSESSED IN THE MATTER OF THE IMPROVEMENTS NAMED IN THE FOLLOWING SCHEDULE: AND DIRECTING THE CITY CLERK TO PREPARE AN ABSTRACT SHOWING THE DESCRIPTION OF EACH PARCEL OF LAND FORFEITED TO THE STATE FOR NON-PAYMENT OF TAXES AND THE TOTAL AMOUNT THAT WOULD HAVE BEEN ASSESSED AGAINST EACH PARCEL IF IT HAD BEEN SUBJECT TO ASSESSMENT, AND DIRECTING SAID CLERK TO CERTIFY THE SAME TO THE COUNTY AUDITOR PURSUANT TO THE PROVISIONS OF MINNESOTA STATUTES 282.01, SUBD. 4. The vote was unanimously in favor BILLS Al[list of bills totaling 601. 10 was presented for consideration. from the Three Points Road project was added to this list. A bill for $45.00 Philbrook moved and Swenson seconded a motion to pay these bills where funds are available. The roll call vote was unanimously in favor. Discussed - Drainage on Lynwood Blvd. 136 LOT IN WYCHWOOD Fenstad moved and Philbrook seconded, a: mot4on. BE IT MOVED, by the City Council that Lot 17, Block 21, Wychwood be offered, to the adjoining property owner for $100.00 to partially recover funds already spent on this parcel. The vote was unanimously in favor Discussed: Monmouth Road houses built below grade LMCD - Watercraft inspection and. fees Philbrook moved and Ulrick seconded a motion BE IT MOVED, by the City Council that the staff be directed to prepare a letter for the mayor's signature opposing the conditions outlined intthe proposed LMCD ordinance. The vote was unanimously in favor CLAIM Fenstad moved and Swenson seconded a motion BE IT MOVED, by the city council that Malcolm Reid be reimbursed for the cost of replacing lot irons on Lots 19-21, Block 3 Woodland l~oint removed by the contractor during improvement construction, and the $45.00 cost be added to the bills submitted.. The vote was unanimously in favor l,ovaasen moved and Swenson seconded a motion to adjourn until the meeting of October 12, 1976 at 7:30 P.M. The vote was unanimously in favor, so carried and adjourned. ~/- ~ ~ ~ · ~ 7 ~B~rbara Heyrn~n,~ C~t¥ Clerk - . , f · ~-~cJn[rd L. Kop~ ' (-/t J Cit/y Manager