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1979-11-13 REGULAR MEETING OF THE CITY COUNCIL November 13, 1979 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 November 13, 1979 at 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Robert Polston, Donald Ulrick and Benjamin Withhart. Also present were City Manager Leonard L. Kopp, Assistant City Attorney James D. Larson, City Engineer William McCombs and City Clerk Mary H. Marske. MINUTES The minutes of the meeting of October 23, 1979 were presented for consideration. Polston moved and Ulrick seconded a motion to approve the minutes of October 23, 1979 as submitted. The vote was unanimously in favor. The minutes of the meeting of November 6, 1979 were presented for consideration. Swenson moved and Polston seconded a motion to approve the minutes of November 6, 1979 as submitted. The vote was unanimously in favor. PUBLIC HEARING Street Vacation - Portion of Kildare The Mayor reopened the public hearing for input on said street vacation and persons present to do so were afforded an opportunity to express their views thereon. The following persons offered comments or questions: Richard Payne, 4739 Kildare The Mayor then closed the public hearing. Swenson moved and Withhart seconded a motion RESOLUTION 79-472 RESOLUTION AUTHORIZING THE VACATION OF 6 INCHES ALONG THE SOUTHERLY LINE OF KILDARE ABUTTING LOT 10, BLOCK 14, SETON The vote was unanimously in favor. Special Use Permit 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 Mayor 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 persons presented objections and the Mayor then closed the public hearing. Polston moved and Swenson seconded a motion RESOLUTION 79-473 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION INCLUDING APPROVAL FOR A WAREHOUSE. The vote was unanimously in favor. Delinquent Utility Bills The Mayor opened the public hearing for input on said delinquent utility bills and persons present to do so were afforded an opportunity to express their views thereon. No persons presented objections and the Mayor then closed the public hearing. November 13, 1979 Polston moved and Swenson seconded a motion RESOLUTION 79-4 74 RESOLUTION AUTHORIZING THE CITY STAFF TO TURN OFF WATER SERVICE TO DELINQUENT UTILITY ACCOUNTS. The vote was unanimously in favor. VARIANCE REQUEST - LOTS 10 & 11, BLOCK 14, SETON Withhart moved and Polston seconded a motion RESOLUTION 79-475 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE VARIANCE REQUESTED. The vote was unanimously in favor. PLANNING COMMISSION MINUTES Non Conforming Use - Street Front & Side Yard Variance - Lot 20, Skarp & Lind- quists Glen Arbor Polston moved and Swenson seconded a motion RESOLUTION 79-476 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE NON CONFORMING USE The vote was unanimously in favor. Vacation of Essex Lane - Manchester to Dorchester Withhart moved and Swenson seconded a motion RESOLUTION 79-477 RESOLUTION PROVIDING FOR A PUBLIC HEARING ON THE VACATION OF ESSEX LANE TO BE HEARD ON DECEMBER 11, 1979 AT 7:30 P.M. The vote was unanimously in favor. Street Front Variance - Lot 3, Block 4, Shirley Hills Unit A Swenson moved and Polston seconded a motion RESOLUTION 79-478 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE STREET FRONT VARIANCE. The vote was unanimously in favor. Subdivision of Land - Lot 6 thru 9 and 18 thru 21, Block 14, Avalon Swenson moved and Polston seconded a motion RESOLUTION 79-479 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIVISION OF LAND The vote was unanimously in favor. Non Conforming Use - Lots 11 & 12, Block 2, Shadywood Point Polston moved and Withhart seconded a motion RESOLUTION 79-480 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE NON CONFORMING USE Ulrick moved and Swenson seconded a motion to amend the resolution to stipulate a letter of intent be submitted in lieu of the posting of bond. The vote on the amendment was four in favor with Lovaasen voting nay. The vote on the resolution as amended was unanimously in favor. November 13, 1979 Street Front Variance - Lot 2, Block 3, The Bluffs Withhart moved and Swenson seconded a motion to deny the requested variance. The vote was unanimously in favor. Subdivision of Land - Lots 10, 11 and Part of Lot 8, Block 5, A.Lincoln Addn to Lake Side Park Polston moved and Withhart seconded a motion RESOLUTION 79-481 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION INCLUDING THE GARAGE SIZE APPROVAL The vote was unanimously in favor. Sign Variance - Lot 5-11 Incl. 14-19, Block 1, Shirley Hills Unit A Swenson moved and Lovaasen seconded a motion RESOLUTION 79-48~ RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE SIGN VARIANCE The vote was unanimously in favor with Councilmember Withhart voting in favor of a sign variance for the first time since taking his Council seat. Street Front Variance - Lot 8, Skarp & Lindquists Ravenswood Withhart moved and Polston seconded a motion to continue this item to the November 27, 1979 meeting and request the engineer determine the impact of this request in regard to street construction and research the history of the property. The vote was three in favor with Swenson and Ulrick voting nay. Street Vacation Part of Hampton Road between Lot 1, Block 9 and Lot 7, Block 10 Pembroke Withhart moved and Swenson seconded a motion RESOLUTION 79-483 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING THE VACATION OF PART OF HAMPTON ROAD TO BE HEARD ON DECEMBER 11, 1979 AT 7:30 P.M. The vote was thr~e'~n~f~vor With Swenson and Ulrick voting nay. Possible Appeal - Lake Front Variance - Non Conforming Use, Lot 56, Phelps Island Park 1st Division Swenson moved and Withhart seconded a motion to request the attorney to prepare the necessary resolution to order removal of the structure. The vote was unanimously in favor. Height Variance - Lots 9 and 10, Block 5, Sylvan Hei~h.ts Withhart moved and Polston seconded a motion to continue this item until later in the meeting. The vote was unanimously in favor. Non Conforming Use - Side Yard - Lot 4, Block 14, Devon Withhart moved and Polston seconded a motion RESOLUTION 79-484 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE NON CONFORMING USE The vote was unanimously in favor. Subdivision of Land - Plat 61223 Parcel 1710 Polston moved and Withhart seconded a motion RESOLUTION 79-485 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION WITH THE STIPULATION THAT THE LOTS ARE A MINIMUM OF 10,000 SQUARE FEET IN AREA The vote was unanimously in favor. November 13, 1979 Non Conforming Use - Lots 9, 10, 11 and S½ of 12,..Bl.0.~.k 16, Seton Ulrick moved and Withhart seconded a motion to table thais item. The vote was unanimously in favor. Subdivision of Land - Lot 9, 10, 11 and S½ of 12, Block 1.6., Seton Ulrick moved and Polston seconded a motion RESOLUTION 79-486 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIVISION The vote was unanimously in favor. Non Conforming Use - Part of Lot 19, Auditors Subd. 170 Withhart moved and Polston seconded a motion RESOLUTION 79-487 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE NON CONFORMING USE The vote was unanimouslyin favor. Side Yard Variance - Plat 62114 Parcel 8735 Polston moved and Swenson seconded a motion RESOLUTION 79-488 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE SIDE YARD VARIANCE The vote was four in favor with Lovaasen voting nay. Height Variance - Lot 9 & 10, Block 5, Sylvan Heights Withhart moved and Ulrickseconded a motion to take this item off the table. The vote was unanimously in favor. Swenson moved and Polston seconded a motion to deny the variance requested. Ulrick moved and Lovaasen seconded a motion to table this item. The vote was three in favor with Ulrick and Swenson voting nay. Polston moved and Withhart seconded a motion requesting the Mayor to direct a letter to the Planning Commission commending them on their work on the comprehensive plan. The vote was unanimously in favor. INDUSTRIAL REVENUE BONDS Polston moved and Withhart seconded a motion RESOLUTION 79-489 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING INDUSTRIAL REVENUE BONDS FOR JUDE, OAS AND SMITH TO BE HEARD ON DECEMBER 11, 1979 AT 7:30 P.M. The vote was unanimously in favor. AL AND ALMA'S - SPECIAL USE PERMIT Withhart moved and Lovaasen seconded a motion RESOLUTION 79-490 RESOLUTION AUTHORIZING THE ISSUANCE OF A BUILDING PERMIT FOR AL AND ALMA'S AND REQUIRE A PERFORMANCE BOND REGARDING BLACKTOPPING OF WEST PARKING LOT. Ulrick moved and Swenson seconded a motion to amend the resolution to require a letter of intent in lieu of a performance bond. The vote on the amendment was three in favor with Withhart and Lovaasen voting nay. The vote on the resolution as amended was unanimously in favor. STREET CONSTRUCTION The City Engineer presented an update report on the street improvement projects. BIDS Storm Sewer - Rustic Park Withhart moved and Swenson seconded a motion 145 November 13, 1979 RESOLUTION 79-491 RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE L0~! B~D SUBMITTED BY WIDMER BROTHERS ~N THE AMOUNT OF $8,525.00 FOR CONSTRUCTION OF THE STORM SEWER IN RUSTIC PARK. The vote was unanimously in favor. Snow Removal Withhart moved and Swenson seconded a motion RESOLUTION 79-492 RESOLUTION AUTHORIZING THE ACCEPTANCE OF THE LOW BID SUBMITTED BY ILLIES AND SONS FOR SNOW REMOVAL FOR THE 1979-1980 WINTER SEASON. The vote was unanimously in favor. INDUSTRIAL REVENUE BOND CRITERIA Withhart moved and Polston seconded a motion RESOLUTION 79-493 RESOLUTION ADOPTING POLICY AND CRITERIA REGARDING INDUSTRIAL REVENUE BONDS Roll call vote was unanimously in favor. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT No comments or suggestions were presented at this time. REPLACE COMMERCE BOULEVARD WATERMAIN Swenson moved and Withhart seconded a motion RESOLUTION 79-~4 RESOLUTION APPROVING THE REPLACEMENT OF WATERMAIN ON COMMERCE BOULEVARD. The vote was unanimously in favor. WATER INTER-CONNECTION WITH SPRING PARK Swenson moved and Withhart seconded a motion RESOLUTION 79-495 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A JOINT POWERS AGREEMENT WITH THE CITY OF SPRING PARK FOR A WATER INTERCONNECTION The vote was four in favor with Councilmember Polston voting nay. TAX FORFEIT LAND Lot 1, Block 26, Wychwood Ulrick moved and Polston seconded a motion RESOLUTION 79-496 RESOLUTION AUTHORIZING THE PURCHASE AND RESALE OF LOT 1, BLOCK 26, WYCHWOOD AT A RESALE PRICE OF $2,825.00 The vote was unanimously in favor. Lot 1, Block 3, Devon The request for the City to purchase this property was withdrawn. DELINQUENT UTILITY BILLS Polston moved and Swenson seconded a motion RESOLUTION 79-497 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING DELINQUENT UTILITY BILLS TO BE HEARD DECEMBER 4, 1979 AT 7:30 P.M. The vote was unanimously in favor. PAYMENT OF BILLS Withhart moved and Polston seconded a motion to approve payment of the bills as presented on the prelist in the amount of $281,277.85 where funds are available. Roll call vote was unanimously in favor. November 13, 1979 Councilmember Withhart advised the Council that he will be attending the Community Action Agency hearing. CITY HALL TEMPERATURE The City Engineer advised the Council that the temperature could be measured at a location other than on a thermostat. CouncilmemberSwenson requested a schedule of the police patrol cars. ADJOURNMENT Withhart moved and Polston seconded a motion to adjourn to the next regular meeting on November 27, 1979 at 7:30 p.m. The vote was unanimously in favor, so adjourned. H.~Marske CMC, City Clerk/Treasurer ~ Ci~t~ ~Manage r