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1978-08-22135 August 22, 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, Hennepin County, Minnesota was held at 5341Maywood Road in said City on August 22, 1978 at 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Orval Fenstad, Gordon Swenson, Robert Polston and Benjamin Withhart. Also present were City Manager Leonard L. Kopp, City Engineer Wm. Mc Combs and City Clerk Mary H. Marske. PUBLIC HEARING - VACATION OF DUTCH LANE The Mayor re-opened the public hearing for input on said vacation of Dutch Lane and persons present to do so were offered an opportunity to express their views thereon. The following persons offered comments or questions: Gene Garvais, 6272 Red Oak Road and Roger Hill, 6900 Linden Lane The Mayor then closed the public hearing. Withhart moved and Polston seconded a motion. RESOLUTION 78-397 RESOLUTION PROVIDING FOR THE VACATION OF CERTAIN PORTIONS OF DUTCH LANE AS RECOMMENDED BY THE PARK COMMISSION AND THE PLANNING COMMISSION The vote was unanimously in favor. PUBLIC HEARING - CONDITIONAL USE PERMIT - SURFSIDE, INC. The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said conditional use permit. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. Fenstad moved and Swenson seconded a motion to continue this item until later. The vote was unanimously in favor. PUBLIC HEARING - DELINQUENT WATER ACCOUNTS The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said delinquent water accounts. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then opened the public hearing for input on said delinquent water accounts and persons present to do so were afforded an opportunity to express their views: Sally Woodrow - 2435 Bartlett Blvd. The Mayor then closed the public hearing. Fenstad moved and Polston seconded a motion RESOLUTION 78-398 RESOLUTION AUTHORIZING THE CITY STAFF TO TURN OFF THE WATER SERVICES TO DELINQUENT ACCOUNTS. The vote was unanimously in favor August 22, 1978 136 PUBLIC HEARING - CONDITIONAL USE PERMIT - SURFSIDE, INC. Withhart moved and Swenson seconded a motion to reopen the public hearing on the conditional use permit for the Surfslde. The vote was unaimously in favor. The Mayor then reopened the public hearing for input on said conditional use per- mit for Surfslde and persons present to do so were afforded an opportunity to ex- press their views thereon. The following persons offered comments or questions: Margaret Hanson, 5425 Bartlett Blvd. Robert Hanson, 5425 Bartlett Blvd. John Wagman, 5459 Bartlett Blvd. The Mayor then closed the public hearing. Withhart moved and Fenstad seconded a motion to continue the hearing until the meeting of September 5, 1978. The vote was Lovaasen, Swenson, Fenstad and Withhart in favor with Polston voting nay - motion carried four to one. PUBLIC HEARING o REVENUE SHARING FUNDS The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said revenue sharing funds. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then opened the public hearing for input on said revenue sharing funds and persons present to do so were afforded an opportunity to express their views thereon. The following persons offered comments or suggestions: Frank Livingston, 5251 Bartlett Blvd. Pat Maltz, Westonka Day Care Ruth Wyman, 5952 Hillcrest The Mayor then closed the public hearing. The Council advised the citizens present that consideration of suggested uses of Revenue Sharing Funds will be continued to an upcoming budget meeting. COMMONS WASHOUT - MAINTENANCE PERMITS Polston moved and Fenstad seconded a motion RESOLUTION 78-399 RESOLUTION GRANTING COMMONS MAINTENANCE PERMITS WITH THE STIPULATION THAT CONSTRUCTION PLANS BE DRAWN BY A REGISTERED ENGINEER AND CHECKED BY THE CITY ENGINEER. The vote was unanimously in favor. BIDS - DENTAL INSURANCE Polston moved and Withhart seconded a motion to authorize the awarding of the Dental Insurance Contract to Delta Dental. Lovaasen moved and Withhart seconded a substitute motion. RESOLUTION 78-400 RESOLUTION AUTHORIZING THE AWARD OF THE DENTAL INSURANCE CONTRACT TO TRAVELERS INSURANCE DUE TO A DISCREPANCY IN THE DELTA CONTRACT. 137 August 22, 1978 The vote was unanimously in favor. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT DuWayne Dorfner , 4849 Glasgow Road asked about appealing a utility bill. Street Construction - Paving Project - Galway Road Withhart moved and Polston seconded a motion RESOLUTION 78-401 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PARK COMMISSION THAT THE ROAD END AT GALWAY AND SHANNON BE TREATED AS OTHER ROADS TO COMMONS AND A BLACKTOPPED WALKWAY BE INSTALLED. The vote was Lovaasen, Polston, Swenson and Withhart in favor with Fenstad tem- porarily absent. Buffalo Bituminous The Council briefly discussed problems of street construction and the Buffalo Bituminous Company. FLOOD INSURANCE Fenstad moved and Polston seconded a motion RESOLUTION 78-402 RESOLUTION DIRECTING THE CITY STAFF TO FORWARD A DRAFT OF THE FLOOD PLAIN ORDINANCE AS SUBMITTED BY THE CITY ATTORNEY TO THE H.U.D. OFFICE FOR REVIEW. The vote was unanimously in favor. TAX FORFEIT LAND Swenson moved and Fenstad seconded a motion RESOLUTION 78-403 RESOLUTION REQUESTING CONVEYANCE OF TITLE TO THE CITY OF MOUND OF TAX FORFEIT PROPERTY - LOT 10, BLOCK 2, BATDORF'S FIRST ADD'N (61515/7800) FOR DRAINAGE PURPOSES. The vote was unanimously in favor. Fenstad moved and Withhart seconded a motion RESOLUTION 78-404 RESOLUTION REQUESTING CONVEYANCE OF TITLE TO THE CITY OF MOUND OF TAX FORFEIT PROPERTY - PART OF LOTS 1 and 13, BLOCK 20, SHADYWOOD POINT FOR DRAINAGE PURPOSES (61980/7880 & 8160) The vote was unanimously in favor. Swenson moved and Polston seconded a motion RESOLUTION 78-405 RESOLUTION AUTHORIZING AND DIRECTING APpLICATJ0N FOR CONVEYANCE FROM THE STATE OF PART OF BLOCK 5~ SHIRLEY HILLS UNIT A (PLAT 61990 PARCEL 7610) FOR DRAtNAGE The vote was unanimously in favor. ,! August 22, 1978 Swenson moved and Withhart seconded a motion RESOLUTION 78-406 138 RESOLUTION REQUESTING CONVEYANCE OF TITLE TO THE CITY OF MOUND OF TAX FORFEIT PROPERTY - LOTS 21 AND 22, BLOCK 4, AND LOTS 2, 3 AND 23, BLOCK 5, DREAMW00D FOR WETLANDS (61580/2180-2250-2275-2750) The vote was unanimously in favor Fenstad moved and Polston seconded a motion RESOLUTION 78-407 RESOLUTION REQUESTING CONVEYANCE OF TITLE TO THE CITY OF MOUND OF TAX FORFEIT PROPERTY - LOTS 5 AND 20, BLOCK 7, WOODLAND POINT FOR WETLANDS (62200/3975-4350) The vote was unanimously in favor. Polston moved and Fenstad seconded a motion RESOLUTION 78-408 RESOLUTION REQUESTING CONVEYANCE OF TITLE TO THE CITY OF MOUND OF TAX FORFEIT PROPERTY - LOTS 4, 5, 6 AND 7, BLOCK 24, DEVON FOR WETLANDS (37870/8660-8680-8700-8720) The vote was unanimously in favor. Withhart moved and Swenson seconded a motion RESOLUTION 78-409 RESOLUTION REQUESTING CONVEYANCE OF TITLE TO THE CITY OF MOUND OF TAX FORFEIT PROPERTY - SETON PARCELS FOR WETLANDS (37950/3070-3080-3110-3130- 3345-4060-4110-0160) The vote was unanimously in favor. Fenstad moved and Polston seconded a motion RESOLUTION 78-410 RESOLUTION REQUESTING CONVEYANCE OF TITLE TO THE CITY OF MOUND OF TAX FORFEIT PROPERTY - LOTS 6 AND 7, BLOCK 5, WYCHWOOD FOR WETLANDS (38010/0785) The vote was unanimously in favor. Fenstad moved and Withhart seconded a motion RESOLUTION 78-411 RESOLUTION REQUESTING THAT THE FOLLOWING TAX FORFEIT PARCELS BE WITHHELD FROM PUBLIC SALE (61609/4500-6000-7500) (61810/3800) (61980/3460) (62150/4100) (37870/1375) (38010/4560) (38010/6440) The vote was unanimously in favor. HOUSING AUTHORITY APPOINTMENT Fenstad moved and Swenson seconded a motion 139 August 22, 1978 RESOLUTION 78-412 RESOLUTION APPOINTING ROBERT MC CLELLAN TO A FIVE YEAR TERM ON THE HOUSING & REDEVELOPMENT AUTHORITY The vote was unanimously in favor. Polston moved and Swenson seconded a motion RESOLUTION 78-413 RESOLUTION COMMENDING NORMAN SKARET FOR SERVICE ON THE HOUSING & REDEVELOPMENT AUTHORITY The vote was unanimously in favor. COUNCIL SALARIES Withhart moved and Polston seconded a motion to ordain that the following Section 5A.O1 as amended, be added to the City Code as Ordinance No. 384. ORDINANCE NO. 384 An Ordinance amending Section 5A.O1 of the City Code increasing the salaries of City Council Members. The City of Mound does ordain: Section 5A.O1 of the City Code is amended to read as follows: 5A.O1 City Council Salaries. The monthly salary of each Council- member shall be $1OO.OO per month and the monthly salary for the Mayor shall be $150.OO per month. This ordinance shall be effective on January 2, 1979. The vote was Lovaasen, ~ithhart and Polston in favor with Swenson and Fenstad voting nay, so ordained. ZONING ORDINANCE CHANGE Fenstad moved and Withhart seconded a motion RESOLUTION 78-414 RESOLUTION PROVIDING FOR A PUBLIC HEARING ON SEPTEMBER 19, 1978 AT 7:30 p.m. REGARDING CERTAIN ZONING ORDINANCE CHANGES. The vote was unanimously in favor. Withhart moved and Lovaasen seconded a motion to disregard the time and proceed to complete the agenda. The vote was unanimously in favor. Lovaasen moved and Withhart seconded a motion requesting the Planning Commission to review the proposed Zoning Ordinance change and submit their recommendations to the Council before the September 19, 1978 meeting. The vote was unanimously in favor. August 22, 1978 140 TRANSFER OF FUNDS Swenson moved and Withhart seconded a motion RESOLUTION 78-415 RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN CITY FUNDS The vote was unanimously in favor. PAYMENT OF BILLS Swenson moved and Polston seconded a motion aUthorizing the payment of bills as submitted on the prelist in the amount of $67,782.82. The vote was unanimously in favor. BINDING ARBITRATION SUIT Withhart moved and Polston seconded a motion RESOLUTION 78-416 RESOLUTION OF NON-SUPPORT OF THE CITY OF RICHFIELD LAWSUIT CONTESTING P.E.L.R.A. COMPULSORY BINDING ARBITRATION PROVISIONS The vote was unanimously in favor. BUILDING FEE REFUND - INFORMATION MEMO 78-95 The Council determined there was no objection to the refund of a Building Permit Fee as requested. ROBERT HARTIGAN Swenson moved and Lovaasen seconded a motion RESOLUTION 78-417 RESOLUTION AUTHORIZING THE RETENSION OF ROBERT HARTIGAN AS A PATROLMAN ON LIGHT DUTY STATUS The vote was unanimously in favor. PROPERTY SALES ABUTTING COMMONS Withhart moved and Swenson seconded a motion RESOLUTION 78-418 RESOLUTION REQUESTING THE MAYOR TO DIRECT A LETTER TO THE BOARD OF REALTORS REGARDING THE SALE OF PROPERTY ABUTTING CITY COMMONS IN THE CITY OF MOUND The vote was unanimously in favor. PARK COMMISSION APPOINTMENT Lovaasen moved and Withhart seconded a motion RESOLUTION 78-419 RESOLUTION APPOINTING LARRY PETERSON TO THE PARK COMMISSION The vote was unanimously in favor. 141 August 22, 1978 ADJOURNMENT Polston moved and Withhart seconded a motion to adjourn to the next regular meet- ing on September 5, 1978 at 7:30 p.m. The vote was unanimously in favor, so ad- journed. Mary-H.i~a~ske, City Clerk/Treasurer Lednard L. Kopp, City' I~h'ager