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1978-11-14November 14, 1978 178 REGULAR MEETING OF THE CITY COUNCIL Pursuant to due call and notice thereof, a regular meeting of the City Coun- cil of the City of Mound, Hennepin County, Minnesota was held at 5341Maywood Road in said City on November 14, 1978 at 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Orval Fenstad, Benjamin Withhart, Robert Polston and Gordon Swenson. Also present were City Manager Leonard L. Kopp, City Attorney Curtis A. Pearson, Assistant City Engineer Mike Morgan and City Clerk Mary H. Marske. MINUTES - CANVASSING BOARD The minutes of the meeting of the Canvassing Board were presented for considera- tion. Withhart moved and Polston seconded a motion to approve the minutes of the Canvassing Board as submitted. The vote was unanimously in favor. MINUTES The minutes of the meeting of November 8, 1978 were presented for consideration. Polston moved and Swenson seconded a motion to approve the minutes of the meet~ ing of November 8, 1978 as submitted. The vote was unanimously in favor. PUBLIC HEARING Vacation of Slope Easement The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said slope easement vacation. Said affida- vit 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 slope ease- ment vacation and persons present to do so were affored an opportunity to ex- press their views thereon. The following persons offered comments or questions: Del Pfeiffer representing E. Holinsky The Mayor then closed the public hearing. Fenstad moved and Swenson seconded a motion RESOLUTION 78-521 RESOLUTION AUTHORIZING VACATION OF A SLOPE EASEMENT OF TRACT A, R,L,S. 242 The vote was unanimously in favor. Pro.posed Rezonin9 of Properties - Corner of County Road 44 & 110 The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said proposed rezon|ng, Sa~d 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 proposed rezoning and persons present to do so were afforded a~opportunity to express their views thereon. The following persons offered comments or questions: 179 November 14, 1978 Mark Onstad, representing Edina Builders lnc, - opposed Bruce Pomeroy, representing K. Kammann - opposed Robert DeVinney, 2928 Westedge Blvd - in favor Steve Corl, 2936 Westedge Blvd - in favor The Mayor then closed the public hearing. Fenstad moved and withhart seconded a motion to continue this hearing to January 23, 1979. The vote was four in favor with Polston voting nay. SNOW REMOVAL BIDS Fenstad moved and Swenson seconded a motion RESOLUTION 78-522 The vote was unanimously in favor RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR SNOW REMOVAL TO THE LOW AND ONLY BIDDER - ILLIES AND SONS. POLICE CARS Polston moved and Fenstad seconded a motion RESOLUTION 78-523 The vote was unanimously in favor RESOLUTION AUTHORIZING AWARD OF CONTRACT FOR POLICE CARS TO THE LOW BIDDER - SUBURBAN CHEVROLET. PLANNING COMMISSION MINUTES Lot Size and Side Yard Variance - Lot 4, Block 26, Wychwood Polston moved and Swenson seconded a motion RESOLUTION 78-524 The vote was unanimously in favor. RESOLUTION DENYING REQUEST FOR LOT SIZE AND SIDE YARD VARIANCE - LOT 4, BLOCK 26, WYCHWOOD. Subdivision of Land - Lots 22, 23, 24, 38, 39 & 40, Block 10, Pembroke Fenstad moved and Swenson seconded a motion RESOLUTION 78-525 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO GRANT THE SUBDIVISION AS REQUESTED. The vote was four in favor with Withhart voting nay. Lot Size Variance - Lot 4 and E. 20 ft. of Lot 5, Block 36, Wychwood Polston moved and Fenstad seconded a motion November 14, 1978 RESOLUTION 78-526 180 RESOLUTION TO DENY THE VARIANCE OF LOT SIZE AS REQUESTED. The vote was four in favor with Withhart abstaining. Swenson moved and Polston seconded a motion to table the latter part of the Plann- ing Commission Recommendation. The vote was unanimously in favor. Subdivision of Land - Lots 9, 10 & 11, Block 6, A. Lincoln Addn. to Lakeside Park Withhart moved and Lovaasen seconded a motion RESOLUTION 78-527 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO AUTHORIZE THE SUBDIVISION OF LAND. The vote was unanimously in favor. Appeal - Street Front Variance - Lot 25 and South ½ of Lot 26, Block 15, Arden Withhart moved and Fenstad seconded a motion RESOLUTION 78-528 The vote was unanimously in favor. RESOLUTION TO GRANT A LINE OF SIGHT VARIANCE THAT MEETS THE 20 FOOT STREET FRONT SET BACK REQUIREMENT. Subdivision of Land - Lot 10-13 & 34-37, Block 1, Lakeside Park A. L. Fenstad moved and Withhart seconded a motion RESOLUTION 78-529 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO AUTHORIZE THE SUBDIVISION OF LAND. The vote was unanimously in favor. Nonconforming Use - Lot 6, Block 19, Shadywood Point Polston moved and Fenstad seconded a motion RESOLUTION 78-530 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO GRANT A LOT SIZE VARIANCE AND NON-COMFORMING USE, The vote was unanimously in favor. Side Yard Variance - Lot 50 and Part of 51, Whipple Shores Swenson moved and Fenstad seconded a motion RESOLUTION 78-531 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO GRANT THE SIDE YARD VARIANCE AS REQUESTED. The vote was unanimously in favor. 181 Special Use Permit - A1 & Alma's November 14, 1978 Withhart moved and Fenstad seconded a motion RESOLUTION 78-532 The vote was unanimously in favor. RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING A SPECIAL USE PERMIT AND RE-ZONING FOR AL & ALMA'S ON DECEMBER 5, 1978 AT 7:30 P.M. PUBLIC HEARING 1979 H.U.D. Funds The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said 1979 H.U.D. Funds. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. Julie Bye from Hennepin County outlined H.U.D. requirements for fund allotments. The Mayor then opened the public hearing for input on said 1979 H.U.D. Funds and per- sons present to do so were afforded an opportunity to express their views thereon. The following persons offered comments or questions: Ray O'Donnell, Island Park resident - pro housing rehabilitation Ruth Wyman - pro low-income housing The Mayor then closed the public hearing. COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT Ron Gehring expressed concern for multiple dwellings and suitable land for that use. PARK COMMISSION MINUTES Withhart moved and Polston seconded a motion to request the recommendations made by the Park Commission be incorporated into the environmental worksheet in the Beachside Development and forwarded to the proper agencies. The vote was unanimously in favor. PERMITS Ice Fishing Contest Fenstad moved and Swenson seconded a motion RESOLUTION 78-533 The vote was unanimously in favor. RESOLUTION AUTHORIZING THE ISSUANCE OF AN ICE FISHING CONTEST PERMIT TO THE V.F.W. FOR JANUARY 27, 1979 OR FEBRUARY 3, 1979. Bingo Permit Withhart moved and Swenson seconded a motion RESOLUTION 78-534 RESOLUTION AUTHORIZING THE ISSUANCE OF A BINGO PERMIT TO THE V.F.W. FOR DECEMBER 11, 1978. The vote was unanimously in favor. November 14, 1978 182 SALE OF USED RADIOS Polston moved and Fenstad seconded a motion RESOLUTION 78-535 RESOLUTION AUTHORIZING SALE OF USED FIRE DEPT- MENT RADIOS. The vote was unanimously in favor. DELINQUENT UTILITY BILLS Withhart moved and Swenson seconded a motion RESOLUTION 78-536 RESOLUTION PROVIDING FOR A PUBLIC HEARING RE- GARDING DELINQUENT UTILITY ACCOUNTS ON DECEM- BER 5, 1978 AT 7:30 P.M. The vote was unanimously in favor. WEST HENNEPIN HUMAN SERVICES Polston moved and Lovaasen seconded a motion RESOLUTION 78-537 RESOLUTION APPOINTING BEN WITHHART TO ACT AS COUNCIL LIAISON TO WEST HENNEPIN HUMAN SER- VICES BOARD. The vote was unanimously in favor. UNION CONTRACT The Council requested the Mayor to contact the union representative. CONTRACT - PLANNING CONSULTANT Withhart moved and Polston seconded a motion RESOLUTION 78-538 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A CONTRACTUAL AGREE- MENT FOR PLANNING SERVICES. The vote was unanimously in favor. ACTING CITY MANAGER Fenstad moved and Withhart seconded a motion RESOLUTION 78-539 RESOLUTION APPOINTING MARY H. MARSKE ACTING CITY MANAGER IN THE ABSENCE OF THE CITY MAN- AGER. The vote was unanimously in favor. PAYMENT Of BILLS Polston moved and Withhart seconded a motion RESOLUTION 78-540 RESOLUTION APPROVING PAYMENT OF THE FOLLOWING CONSTRUCTION CONTRACTS: THOMAS & SONS, 183 November 14, 1978 $249,425.96; BUFFALO BITUMINOUS, $40,607.10 AND ETHAN CURTIS, $3,542.45 The vote was unanimously in favor. SPECIAL ASSESSMENT APPEAL Withhart moved and Polston seconded a motion RESOLUTION 78-541 The vote was unanimously in favor. RESOLUTION AUTHORIZING ACCEPTANCE OF THE SETTLE- MENT REGARDING THE APPEAL OF SPECIAL ASSESSMENTS PRESENTED BY JOHN SCHULZ IN THE AMOUNT OF $700.00. THANKSGIVING HOLIDAY Polston moved and Withhart seconded a motion RESOLUTION 78-542 The vote was unanimously in favor. RESOLUTION AUTHORIZING AN OFFICIAL HOLIDAY ON NOVEMBER 24, 1978 FOR CITY EMPLOYEES. ADJOURNMENT Withhart moved and Polston seconded a motion to adjourn to the next regular meeting on November 28, 1978 at 7:30 p.m. The vote was unanimously in favor, so adjourned. Mary H~/Marske, City Clerk/Treasurer