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1978-07-11114 REGULAR MEETING OF THE CITY COUNCIL July 11, 1978 Pursuant to due call and notice thereof a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota was held at 5341Maywood Road in said City on July 11, 1978 at 7:30 p.m. Those present were: Councilmembers Gordon Swenson, Robert Polston, Benjamin Withhart and Orval Fenstad. Absent and excused was Mayor Tim Lovaasen. Acting Mayor Gordon Swenson requested Councilmember Orval Fenstad to chair the meeting. Also present were City Manager Leonard L. Kopp, City Attorney Curtis A. Pearson and City Clerk Mary H. Marske. MINUTES The minutes of the Counci! meeting of June 13, 1978 were presented for consid- eration. Swenson moved and Withhart seconded a motion to accept the minutes of the meeting of June 13, 1978 as presented. The vote was unanimously in favor. The minutes of the Council meeting of dune 20, 1978 were presented for consid- eration. Withhart moved and Swenson seconded a motion to accept the minutes of the meeting of June 20, 1978 with the correction in Resolution 78-311 to read QUOTES rather than BIDS. The vote was unanimously in favor. PUBLIC HEARING - SPECIAL USE PERMIT FOR GAS SERVICE ISLAND The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said special use permit. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Chairman then opened the public hearing for input on said special use permit and persons present to do so were afforded an opportunity to express their views thereon. No person presented any comment and the Chairman then closed the public hearing. Swenson moved and Withhart seconded a motion RESOLUTION 78-326 RESOLUTION TO DENY THE SPECIAL USE PERMIT FOR A GAS SERVICE ISLAND DUE TO THE LACK OF INADE- QUATE PARKING FACILITIES. The vote was unanimously in favor. PLANNING COMMISSION RECOMMENDATIONS Street Front Variance - Koehler's Second Addition Polston moved and Withhart seconded a motion RESOLUTION 78-327 RESOLUTION TO GRANT THE 17 FOOT STREET FRONT VARIANCE AS REQUESTED. The vote was unanimously in favor. Undersized Lot and Front Yard Variance - Lots 2 and 3, Block 3 A. Lincoln Addn Polston ~oved and Swenson seconded a motion RESOLUTION 78-328 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO GRANT A FOUR FOOT FRONT YARD VARIANCE. The vote was unanimously in favor. 115 July 11, 1978 Street Vacation - Essex Road between Dorchester and Manchester Withhart moved and Polston seconded a motion RESOLUTION 78-329 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION AND DENY THE STREET VACATION. The vote was unanimously in favor. Withhart moved and Polston seconded a motion to authorize the refund of one half of the fee paid by the petitioner in this matter. Street Front and Side Yard Variance - Lot 10 and Part of Lot 9, Block 1, Linden Hghts. Withhart moved and Swenson seconded a motion to table this item and refer it back to the Planning Commission. The vote was unanimously in favor. Street Vacation - Part of An~lessly Lane Withhart moved and Swenson seconded a motion RESOLUTION 78-330 RESOLUTION TO DENY THE REQUEST FOR STREET VACATION AND AUTHORIZE THE STAFF TO REFUND ONE HALF OF THE FEE PAID BY THE PETITIONER IN THIS MATTER. The vote was unanimously in favor. Street Front Variance - Lots 1-4, Block 3, Arden Withhart moved and Swenson seconded a motion RESOLUTION 78-331 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY THE VARIANCE. The vote was unanimously in favor. Double Street Front Variance - Lots 36 & 37, Lindquist Ravenswood Withhart moved and Polston seconded a motion RE~OLUTION 78-332 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY THE VARIANCE. The vote was unanimously in favor. Street Front Variance ~ Lot 1, Block 5, Mound Terrace Polston moved and Fenstad seconded a motion to grant a four foot variance. The vote was Polston inlfavor and Swenson, Withhart, Fenstad and Lovaasen in oppos- ition. The motion died. Swenson moved and Fenstad seconded a motion RESOLUTION 78-333 RESOLUTION TO DENY THE STREET FRONT VARIANCE. The vote was unanimously in favor. Councilmember Withhart left the table at this time~ Street Vacation - Part of Dutch Lane Swenson moved and Polston seconded a motion RESOLUTION 78-334 RESOLUTION TO PROVIDE FOR A pUBLIC HEARING ON THE PROPOSED STREET VACATION TO BE HEARD ON AUGUST 8~ 1978 AT 7:30 P.M. The vote was unanimously in favor. 116 Side Yard Variance - Lot 1, Block 2, Mound Terrace The Council determined to take no action on this item at this time. Rear Yard Variance - Lot 1r Block 7, Pembroke Polston moved and Swenson seconded a motion RESOLUTION 78-335 RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE REAR YARD VARIANCE. The vote was unanimously in favor. Street Front Variance Lots 16 & 17 and Part of 15, Block 6, A. Li~.coln Addn. Swenson moved and Polston seconded a motion RESOLUTION 78-336 RESOLUTION TO CONCUR WITH THE RECOMMNEDATION OF THE PLANNING COMMISSION APPROVING THE VARIANCE. The vote was unanimously in favor. APPEAL - COMMONS MAINTENANCE PERMIT Mr. Richard Brown appeared before the Council to appeal the denial of a Commons Maintenance Permit. Swenson moved and Polston seconded a motion to reaffirm the former findi!ng of the Council in its action to deny the permit. PLANNING COMMISSION RECOMMENDATION (¢ont) Surfside Mr. Butch Essig, owner of the Surfside and architect Thomas Prokasky appeared before the Council to discuss the demolition and reconstruction of the Surfside. Polston moved and Fenstad seconded a motion RESOLUTION 78-337 RESOLUTION DIRECTING APPLICANT TO FILE THE NECESSARY FORMS AND APPLICATIONS PURSUANT TO THE CITY CODE, SEC.23.O6 (F) AND SEC.23.O7 (D) SUBD. 4.~NCLUDING THE ENVIRONMENTAL CHECKLIST. The vote was unanimously in favor. Councilmember Withhart returned to the table. ENINGEER'S REPORTS Beachwood Overflow Polston moved and Swenson seconded a motion RESOLUTION 78-338 RESOLUTION DIRECTI~IG THE CITY ENGINEER TO MODIFY THE PLANS AND SPECIFICATIONS FOR STREET AND STORM SEWER CONSTRUCTION IN THE AREA OF BEACHWOOD ROAD AND ROSEWOOD LANE AND AUTHORIZING A MODIFICATION OF AN EXISTING CONTRACT TO CONSTRUCT SAID IMPROVEMENT The vote was four!~i~n favor with Councilmember Withhart abstaining. Storm Drain on Bartlett Boulevard near Carlson Park Polston moved and Withhart seconded a motion RESOLUTION 78-339 RESOLUTION AUTHORIZING THE CITY ENGINEER TO OBTAIN QUOTATIONS FOR THE NECESSARY CULVERT REPAIR. The vote was unanimously in favor. July 11, 1978 117 Gull Lane Report The Engineer informed the Council of difficulties of construction on Gull Lane. Polston moved and Swenson seconded a motion directing the engineer to maintain the street width of 22 feet and designate "no parking" on Gull Lane and take whatever steps are necessary to try to save the mountain ash tree in the area. The vote was unanimously in favor. Sidewalks The Council determined to take no action on this matter at this time. SINCLAIR COURT - FINAL PLAT Swenson moved and Polston seconded a motion RESOLUTION 78-340 RESOLUTION APPROVING THE FINAL PLAT OF SINCLAIR COURT WITH THE STIPULATION THAT THE PLAT CANNOT BE FILED UNTIL THE BOND AND ESCROW FEE IS PROVIDED TO THE CITY. The vote was unanimously in favor. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT No comments or suggestions were presented at this time. LICENSES AND PERMITS Restaurant and Cigarette Licenses Swenson moved and Polston seconded a motion RESOLUTION 78-341 RESOLUTION TO APPROVE ISSUANCE OF A RESTAURANT AND CIGARETTE LICENSE FOR "STAGE 1TM The vote was unanimously in favor. Bingo Permit Fenstad moved and Polston seconded a motion RESOLUTION 78-342 RESOLUTION TO APPROVE ISSUANCE OF A BINGO PERMIT TO THE D.F.L. SENATE DISTRICT FUND RAISER. The vote was unanimously in favor. DENTAL INSURANCE SPECIFICATIONS Polston moved and Swenson seconded a motion to approve the specifications for dental insurance as submitted by the City Manager. The vote was unanimously in favor. FLOOD INSURANCE The Council determined to take no action on this matter at this time. ADMINSTRATIVE CODE The Council determined to take no action on this matter at this time. 118 July 11, 1978 DISPOSITION OF CITY RECORDS Swenson moved and Fenstad seconded a motion RESOLUTION 78-343 RESOLUTION AUTHORIZING THE DISPOSING OF CERTAIN CITY RECORDS AS APPROVED BY THE MINNESOTA HISTORICAL SOCIETY. The vote was unanimously in favor. CONTINENTAL TELEPHONE CASE The City Attorney briefly reported to the Council on the current status of the Continental Telephone case. PAYMENT OF BILLS Polston moved and Swenson seconded a motion to approve the payment of bills as presented on the prelist in the amount of $75,643.65 where funds are available. The vote was unanimously in favor. ADJOURNMENT Swenson moved and Polston seconded a motion to adjourn to the next regular meeting on July 18, 1978 at 7:30 p.m. The vote was unanimously in favor, so adjourned. Mary H~ Marske, City Clerk/Treasurer