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1978-02-07017 February 7, 1978 REGULAR MEETING OF THE CITY COUNCIL Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepln County, Minnesota was held at 5341Maywood Road in said City on February 7, 1978 at 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Orval Fenstad, Robert Polston and Benjamin Withhart. Also present were City Manager Leonard L. Kopp, City Attorney Curtis Pearson, Assistant City Engineer Lyle Swanson and Acting City Clerk Marjorie Stutsman. PUBLIC HEARING - CONDITIONAL USE PERMIT - MULTIPLE DWELLING APARTMENTS Mayor Lovaasen read a letter received at 10 A.M. February 7, 1978 from Beachside Devel- opment Corporation stating, "We respectfully withdraw our application for Beachside Development Corportion public hearing scheduled for February 7, 1978. It is our opin- ion that we need more information to present and will need more time. We would like to re-present our project starting with the Planning Commission of February 23, 1978." The Mayor then, because persons were present regarding the said permit application, afforded the persons an opportunity to express their views thereon. Persons present offering comments or questions included: Rock Lindlin, 2561Lakewood Lane Jim Scruton, 5267 Bartlett Boulevard Sally Rutledge, 5300 Bartlett Boulevard David C. Anderson, 2541Lakewood Lane John E. Wagman, 5469 Bartlett Boulevard Fenstad moved and Swenson seconded a motion RESOLUTION 78-58 RESOLUTION DIRECTING THE MAYOR TO SEND A LETTER TO BEACHSIDE DEVELOPMENT CORPORATION CONCERNING THE AMOUNT OF STAFF TIME THAT HAD TO BE SPENT ON THIS APPLICATION BECAUSE OF THE LACK OF INFOR- MATION The vote was unanimously in favor. RESOLUTION NO. 78-59 RESOLUTION DIRECTING ATTORNEY AND STAFF TO IN- VESTIGATE ALTERNATIVES WITH POSSIBILITY OF MAK- ING SOME TYPE OF REZONING BASED ON DETERMINING THE BEST AND HIGHEST USE OF THIS LAND The vote was unanimously in favor. SCOUT TROOP NO, 569 Mayor Lovaasen welcomed Scout Troup #569 of Bethel Methodist Church and their three leaders to the Council meeting and commended them on their hard work in paper drives and on civic projects. PUBLIC HEARING - REZONING APPLICATION FOR PART OF LOT 54, WHIPPLE SHORES The Acting City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said rezoning application of Part of Lot 54 Whipple February 7, 1978 018 PUBLIC HEARI'NG - REZONING APPLICATION FOR'PART 0F'LOT 54~ WHIPPLE SHORES (Cont) Shores. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then opened the hearing for public imput on said rezoning. The following persons had questi6ns or comments: Ronald Gehring, 3215 Charles Lane Larry R. Olson, 3232 Warner Lane Roy E. O'Donnell, 3207 Charles Lane Mike Wirtz, Applicant Square footage of lots were questioned, Engineer noted that there are two surveys of this property showing different things. The Mayor then closed the public hearing. Withhart moved and Swenson seconded a motion to table this application for more information. The vote was unanimously in favor. Discussed. Polston moved and Fenstad seconded a motion to return item to the table. The vote was unanimously in favor. Fenstad moved and Polston seconded a motion RESOLUTION NO. 78-60 RESOLUTION DENYING REQUEST FOR REZONING OF PART OF LOT 54, WHIPPLE SHORES Roll call vote was unanimously in favor of the denial. The Council requested Staff to prepare a check list of all pertinent informa- tion needed and directed that this information be obtained before any appli- cations are considered by either the Planning Commission or Council. DELINQUENT UTILITY BILLS - COUNCIL MEMORANDUM NO. 78-36 The Mayor opened the public hearing on said delinquent utility bills and why they should not be turned off. Persons present were afforded the opportun- ity to express their views thereon and no one responded. The Mayor then closed the public hearing. Fenstad moved and Polston seconded a motion. RESOLUTION 78-61 RESOLUTION AUTHORIZING THE TURNING OFF OF CERTAIN WATER SERVICES REMAINING UNPAID The vote was unanimously in favor. PLANNING COMMISSION RECOMMENDATIONS VARIANCE - Lot 38, Whipple Shores Swenson moved and Withhart seconded a motion RESOLUTION 78-62 RESOLUTION TO CONCUR WITH THE PLANNING COM- MISSION AND GRANT A VARIANCE OF A NON-CON- FORMING USE FOR EXPANDING THE DWELLING - Lot 38, Whipple Shores The vote was unanimously in favor. 019 PLANNING COMM I SS I ON RI~OMMENDAI~I ONS~!~ ! (COnt) SUBDIVISION OF LAND - Lot 6, Block 11, Mound Terrace Swenson moved and Polston seconded a motion RESOLUTION 78-63 RESOLUTION CONCURRING WITH THE PLANNING COM- MISSION AND GRANT DIVISION OF LAND AS REQUESTED Lot 6, Block 11, Mound Terrace RESOLUTION NO. 78-64 The vote was unanimously in favor. RESOLUTION CONCURRING WITH THE PLANNING COMMIS- SION AND GRANT DIVISION OF LAND AS REQUESTED - Part of Lots 11 & 12, Koehler's 2nd Addition TAX FORFEIT LAND - Lot 23, Block 26, Wychwood Lovaasen moved and Polston seconded a motion to table this request to purchase lot for more information. The vote was unanimously in favor. TAX FORFEIT LAND - Lot 8, Block 2, Abraham Lincoln's Addition to Lakeside Park Swenson moved and Withhart seconded a motion RESOLUTION NO, 78-65 The vote was unanimously in favor. PARKING VARIANCE RESOLUTION AUTHORIZING THE RELEASE OF TAX FORFEIT LAND FOR PUBLIC SALE - Lot 8, Block 2, Abraham Lincoln's Addition to Lakesi;de Park Swenson moved and Polston seconded a motion RESOLUTION NO. 78-66 The vote was unanimously in favor. RESOLUTION TO CONCUR WITH THE PUBLIC WORKS DIREC- TOR AND DENY REQUEST FOR VARIANCE OF THE WINTER PARKING ORDINANCE COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT Steve Poindexter requested that the PDA Ordinance be taken from the table and consider- ed for passage so the proposed Planned Development Project can proceed and there is a need to know the lot size required. Discussed a possible time table - review subdivision amendment at next meeting. There were no other persons wishing to be heard. February 7, 1978 The vote was unanimously in favor. SUBDIVISION OF LAND - Part of Lots 11 & 12, Koehler's 2nd Addition Polston moved and Swenson seconded a motion February 7, 1978 METRO PLANNING GRANT Withhart moved and Swenson seconded a motlon RESOLUTION 78-67 020 RESOLUTION AUTHORIZING THE MAYOR AND MAN- AGER TO ENTER INT0 THE AGREEMENT WITH THE METRO COUNCIL RELATIVE TO METRO PLANNING GRANT The vote was unanimously in favor. WEST HENNEPIN HUMAN SERVICES PLANNING BOARD FUNDING Withhart moved and Fenstad seconded a motion RESOLUTION 78-68 RESOLUTION SUPPORTING THE FUNDING OF WEST HENNEPIN HUMAN SERVICES PLANNING BOARD FUND- ING BY HENNEPIN COUNTY BOARD The vote was unanimously in favor. FBI ACADEMY Fenstad moved and Swenson seconded a motion RESOLUTION 78-69 RESOLUTION APPROVING REQUEST OF POLICE CHIEF TO APPLY FOR ACCEPTANCE TO ATTEND THE F.B.I. NATIONAL ACADEMY FOR 11 WEEK TRAINING COURSE The vote was unanimously in favor. POLICE EQUIPMENT BIDS EMERGENCY OXYGEN EQUIPMENT Fenstad moved and Swenson seconded a motion RESOLUTION NO. 78-70 RESOLUTION ACCEPTING THE BIDS ON EMERGENCY OXYGEN EQUIPMENT AND AWARDING THE BID TO THE LOW BIDDER, MEDICAL OXYGEN EQUIPMENT COMPANY IN THE AMOUNT OF $1,686.00 The vote was unanimously in favor. TRAFFIC RADAR EQUIPMENT Fenstad moved and Swenson seconded a motion RESOLUTION NO. 78-71 RESOLUTION ACCEPTING THE BID OF KUSTOM SIG- NAL COMPANY FOR 2 KRll TRAFFIC RADAR UNITS IN THE AMOUNT OF $5,070.00 Note: This is the only manufacturer of this equipment with the necessary features built into the unit. The vote was unanimously in favor. 021 February 7, 1978 TRANSCRIBER AND PORTABLE RECORDERS Polston moved and Withhart seconded a motion that Police Department have this item re- bid with the specifications that are required. BREATHALYZER AND SIMULATOR Fenstad moved and Swenson seconded a motion RESOLUTION NO. 78-72 The vote was unanimously in favor. BLACK LAKE BRIDGE The vote was unanimously in favor. RESOLUTION ACCEPTING THE BIDS AND AWARDING THE BID TO THE LOW BIDDER, STRIKER GUNS, INC. IN THE AMOUNT OF $1,020.00 (Breathalyzer & Simulator) Fenstad moved and Polston seconded a motion RESOLUTION NO. 78-73 The vote was unanimously in favor. WYCHWOOD BRIDGE RESOLUTION ACCEPTING LAYOUT lA FOR COUNTY PROJECT 7586 (BLACK LAKE BRIDGE) AND APPROVE ACQUIRING ALL RIGHT-OF-WAY, PERMITS AND EASEMENTS REQUIRED Withhart moved and Swenson seconded a motion RESOLUTION NO. 78-74 The vote was unanimously in favor. RESOLUTION APPROVING FINAL PLANS AND SPECIFICA- TIONS FOR COUNTY STATE AID HIGHWAY NO. 125 COUNTy PROJECT 7585 Swenson moved and Polston seconded a motion RESOLUTION NO. 78-75 RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO ENTER INTO CONSTRUCTION COOPERATIVE AGREEMENT WITH THE COUNTY FOR PROJECT 7585, STATE AID HIGH- WAY NO. 125 The vote was unanimously in favor. DOCK INSPECTOR - PARK KEEPER COUNCIL MEMORANDUM 78-32 Swenson moved and Polston seconded a motion RESOLUTION NO. 78-76 The vote was unanimously in favor. LIQUOR CHECKS RESOLUTION CONCURRING WITH THE PUBLIC WORKS DIREC- TOR AND ESTABLISHING WAGE SCALE RATE FOR THE DOCK INSPECTOR" Swenson moved and Polston seconded a motion February 7, 1978 RESOLUTION NO. 78-77 022 RESOLUTION AUTHORIZING NSF CHECKS FROM THE LIQUOR STORE IN THE AMOUNT OF $124.75 BE WRITTEN OFF The vote was unanimously in favor. Fenstad moved and Lovaasen seconded a motion that a letter be sent the Mana- ger and Employees of the Liquor Store by the Mayor on behalf of the City Coun- cil commending them for a job well done. The vote was all in favor except Polston who voted nay. So carried. TUXEDO EASEMENT - COUNCIL MEMORANDUM 78-42 Swenson moved and Polston seconded a motion RESOLUTION NO. 78-78 RESOLUTION AUTHORIZING PAYMENT FOR AN EASE- MENT FOR TUXEDO BOULEVARD CONSTRUCTION FOR LOT 13, BLOCK 6, ARDEN IN THE AMOUNT OF $1,993.50 The vote was unanimously in favor. PAYMENT OF BILLS Swenson moved and Fenstad seconded a motion to approve payment of the bills as presented on the pre-list in the amount of $30,501.95 where funds are available. Roll call vote was unanimously in favor; so carried. Discussed: LMCD Firemen's Pension Bill Telephone Case Swenson moved and Polston seconded a motion to adjourn to the next regular meeting, February 14, 1978 at 7:30 P.M. The vote was unanimously in favor, so adjourned. I~arjori~e Stutsman, Acting City Clerk Attest: ~e/ona~d L. Kopp, C i ty Mar~age~//' /~ )