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1996-12-10Minutes - Mound City Council - December I0, 1996 M/NUTES - MOUND CITY COUNCIL- DECEMBER 10, 1996 The City Council of the City of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, December 10, 1996 at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Those present: Mayor Bob Polston, Councilmembers Andrea Ahrens, Liz Jensen and Phyllis Jessen. Absent and excused: Mark Hanus. Also in attendance: City Manager Edward J. Shukle, Jr., City Attorney John Dean Councilmember-Elect Leah Weycker and Acting City Clerk Linda Strong. The following interested citizens were also present: Amy Cicchese and Vincent Forystek. The Mayor opened the meeting. The Pledge of Allegiance was recited. 1.0 APPROVE AGENDA - At this time items can be added to the agenda that are not listed and/or items can be removed from the Consent Agenda and voted upon after the Consent Agenda has been approved. Nothing was added or removed from the agenda. * CONSENT AGENDA: MOTION by Jensen, seconded by Ahrens to approve the Consent Agenda. call vote was called. The Motion carried unanimously 4-0. A roll *1.1 APPROVE THE MINUTES OF THE 11/26/96 REGULAR MEETING. Jensen, Ahrens, unanimous. · 1.2 APPROVE THE MINUTES OF THE 12/4/96 TRUTH IN TAXATION PUBLIC HEARING. Jensen, Ahrens, unanimous. '1.3 RESOLUTION g96-122 Jensen, Ahrens, unanimous. APPROVING THE FINAL 1997 GENERAL FUND BUDGET; SETTING THE FINAL TAX LEVY; CERTIFYING THE FINAL LEVY AND APPROVING THE OVERALL BUDGET FOR 1997. · 1.4 RESOLUTION//96-123 APPROVING CEMETERY FEES FOR 1997. This resolution raises the charge for cemetery lots at Union Cemetery from $300 to $350 per lot for residents and from $600 to $650 for non-residents. Jensen, Ahrens, unanimous. 554 Minutes - Mound City Council - December 10, 1996 · 1.5 APPROVAL OF ORDINANCE AMENDMENTS RE: VARIOUS FEES AND LICENSES. (To be handed out Tuesday evening) Jensen, Ahrens, unanimous. The changes to the City Code will be revised in the Code Book and published in The Laker as follows: ORDINANCE NO. 80-1996 AN ORDINANCE AMENDING SECTION 510:00, SUBD. 3; SECTION 510:10, SUBD. 2; SECTION 510:15, SUBD. 3; SECTION 510:20, SUBDS. 1, 3, 4, 6, AND 8; SECTION 510:25, SUBDS. 4, 5, 6, 7, AND 8; AND SECTION 510:40, SUBDS. 6 AND 8; OF THE CITY CODE AND ADDING SECTION 510:31, SUBDS. 1 AND 2A TO THE CITY CODE, ALL RELATING TO FEES The City of Mound Does Ordain: Section 510:00, Subd. 3 of the City Code is amended to read as follows: Subd. No. 3 Subd. No. 2 Related Code Conditions Section Type of License and Terms Amount 405:00 Arcades Annual 199.99 Per Machine 100.00 Section 510:10, Subd. 2 of the City Code is amended to read as follows: Related Code Conditions Section Type of License and Terms Amount Cigarette Sales Cigarette Sales - 440:10 Annual !2.99 Monthly ~ nn Vending Annual 50.00 24.00 2.00 555 Subd. No. Subd. No. Subd. No. Minutes - Mound City Council - December 10, 1996 Section 510:15, Subd. 3 of the City Code is amended to read as follows: Related Code Conditions Section Type of License and Terms Amount 488:05 Tree Surgeon Annual ~2.ff~ 30.00 Section 510:20, Subd. 1 of the City Code is amended to read as follows: Related Code Section 410:10 Conditions Type of License and Terms Amount Amusement Annual, Devices per machine 25.~ 35.00 Section 510:20, Subds. 3 and 4 of the City Code are amended to read as follows: Related Code Conditions Section Type of License and Terms Amount 3 455:05 Dog 4 Subd. No. 6 Subd. No. Two year, neutered or spayed, with proof ..e.vaa.. Two year, unneutered or unspayed t400 8 455:05 Duplicate tag 15.00 25.00 1.0o Section 510:20, Subd. 6 of the City Code Related Code Section 455:05 Type of License Late applications Section 510:20, Subd. 8 of the City Code Related Code Section 480:00 Type of License Restaurants, Cafes is amended to read as follows: Conditions and Terms Amount On or before May 10 add .59 1.00 is amended to read as follows: Conditions and Terms Amount Annual 5.99 10.00 556 Minutes - Mound City Council - December I0, 1996 Subd. No. Section 510:25, Subds. 4, 5, 6, 7, and 8 of the City Code are amended to read as follows: Related Code Conditions Section Type of License and Terms Amount 4 800:15 5 800:15 On-Sale Liquor (Class A) Annual Initial Application per applicant Additional Investigation 500.00 500.00 On-Sale Wine Annual 299.09 500.00 150.00 300.00 300.00 50.00 15.00 3.00 6 800:15 Club 7 800:15 Special Sunday (Class B) 8 810:15 Beer Annual ~ nn nn Annual 299.90 Annual On-Sale 299.99 Annual Off-Sale 25.99 Temporary Daily Permit 19.99 plus per day after 3rd day 2.99 Section 510:31, Subds. 1 and 2 are added to the City Code and shall read as follows: Section 510:31. Miscellaneous Fees and Charges. Subd. Related Code No. Section Type of Fee 1 Return Check Conditions and Terms Amount Per Check $20.00 Per Search $20.00 2 Search/Special Assessments Section 510:40, Subd. 6 of the City Code is amended to read as follows: Subd. Related Code Conditions No. Section Type of License and Terms 6 350:475 Fencing/Retaining Per Application Amount !5.99 25.00 557 Minutes - Mound City Council - December 10, 1996 Section 510:40, Subds. 7 and 8 of the City Code are amended to read as follows: Subd. Related Code Conditions No. Section Type of License and Terms Amount 7 350:530 Zoning Variance Per Application 50.00 100.00 8 350:525 Conditional Use Permit 200.00 250.00 350:755 Vacations Per Application 2~ru2.~t~2~ 250.00 Subd. No. 10 Section 510:40, Subd. 10 of the City Code is amended to read as follows: Related Code Conditions Section and Terms Amount 350:520 Per Application 200.00 Type of License Zoning Amendment 250.00 ORDINANCE NO. 81-1996 AN ORDINANCE AMENDING SECTION 520:00, SUBDS. la(3), 1.b, Ih, 3 AND 10 OF THE CITY CODE RELATING TO FEES AND DELETING SECTION 520:00, SUBDS. 7 AND 8 DUE TO DUPLICATION The City of Mound Does Ordain: Section 520:00, Subd. la(3) of the City Code is amended to read as follows: Subd. No. Related Code Section Type of License Conditions and Terms Amount 1 a(3) 300:20 Building Permit,Fire Suppression Permit & Inspection Fees. Permit fees for all building permits and fire suppression permits, and other inspection fees, shall be charged according to the t-988 1994 Uniform Building Code, Section ~ an~r~x tl~zowgh-3iM~, "T~'~'~ Nc, 2 A n..aa:-~ D~...~:, ~ ,, 107 "TABLE 1-A - BUILDING PERMIT FE~." 558 Minutes - Mound City Council - December 10, 1996 Section 500:20, Subd. lb of the City Code is amended to read as follows: Subd. No. Related Code Section Type of License Conditions and Terms Amount 1.b. 311:00 Heating, Air Conditioning & Ventilation Definition: All terms used in this Subdivision b shall be interpreted as defined in the Minnesota Heating, Ventilating, Air Conditioning and Refrigeration Code. Fees Required: The Building Code Department, before issuing any permit for the construction, installation, alteration, or repair of any furnace, boiler, heating or power plant or system, or any device or equipment connected therewith, or for any other device connected to, or to be connected with, any chimney or stack, or for the construction, installation, alteration, addition or repair of any cooling piping and equipment, or of any air conditioning system or ventilation system, or sheet metal duct work or equipment therewith, or of any refrigeration plant or equipment, shall require the payment by the applicant for such permit, fee or fees in the amount herein required. Contract Prices (including labor and materials) Fee $!5.00. 20.00 minimum or 1% of contract price, whichever is greater $50,0ni 99 to e<nn nnn nn ~<flh flf~l fir +,. ~1 I~fl f~flf~ fVI ~1 fl/'~fl nnn nn ~_A The cost of installations, alterations, additions, or repairs as used in this Subdivision b shall include all labor and material supplied by the contractor. In addition, it shall include all materials supplied by other sources when these materials are normally supplied by the contractor. 559 Minutes - Mound City Council - December 10, 1996 Subd. No. 1.h. Section 520:00, Subd. Ih of the City Code is amended to read as follows: Related Code Conditions Section Type of License and Terms Amount MS 473.121, Subd. 24 Sewer Availability_ (SAC) Charge. In accordance with regulations of the Metropolitan xx~+~....~ ... r-~,.~.~....... ,.-,~:~:~.~........~..... Council Environmental Ser¢ices and the City of Mound, the Building Code Department shall collect a Sewer Availability (SAC) Charge on Building Permits issued for each building or structure to be constructed or connected to the Metropolitan Disposal System. Subd. No. 3 Section 520:00, Subd. 3 of the City Code is amended to read as follows: Related Code Conditions Section Type of License and Terms Amount 310:00 Plumbing Permit Fees Definition: A plumbing fixture shall be taken to mean and include any sink, laundry tub, bathtub, wash basin, drinking fountain, water closet, floor drain, or any other plumbing device arranged to be connected with the sewer or portable water system, either directly or indirectly. 1. Permit fee shall be $!5.99 20.00, plus $8.00 per fixture and $8.00 per rough in only, setting fixture only, and fixture without waste connection (sill cock). 2. $5.00 per 100 feet of pipe or fraction thereof. 3. $3.00 per 100 feet of repair or fraction thereof. 4. $15.90 20.00 for outside sewer and/or water inspections. 5. $15.99 20.00 for private water well inspection. The permit fee for the installation of gas piping for use in connection with a plumbing system shall be as set out in the fee table contained in Subdivision c, Gas Piping, above. 560 Minutes - Mound City Council - December 10, 1996 Section 520:00, Subds. 7 and 8 of the City Code are deleted due to duplication. Subd. No. Related Code Conditions Section Type of License and Terms Amount 7 plus per !et 5.00 8 Subd. No. i0 Section 520:00, Subd. 10 of the City Code is amended to read as follows: Related Code Section Type of License Conditions and Terms Amount 330:75 Plats & Subdivision* *Preliminary Plat 159.09 200.00 *Final Plat !09.00 150.00 Minor Subdivision (Lot Split) 59.99 75.00 NOTE: Plus $7.00 10.00 per lot over 2 lots Escrow Deposit 1,000.00 Escrow fees will be assessed for all extra expenses to City. ORDINANCE NO. 82-1996 AN ORDINANCE AMENDING SECTION 540:00, SUBD. 3 AND SUBD. 13, SUBSECTIONS a AND b OF THE CITY CODE RELATING TO FEES The City of Mound Does Ordain: Subd. No. Section 540:00, Subd. 3 of the City Code is amended to read as follows: Related Code Conditions Section Type of License and Terms Amount 600:45 Treatment Rates 561 Minutes - Mound City Council - December 10, 1996 Sewer Rates Residential Quarterly Charge Quarterly sewer charge For 10,000 gallons or less $29.$5 All over 10,000 gallons, per 1,000 gallons 1495 Minimum Quarterly Bill 29.$5 NOTE: The above minimum applies to each single family dwelling or apartment which is in accord- ance with existing sewer department policy. 37.25 Minimum 2.35 37.25 Commercial, Including Large Apartments Monthly Charges Monthly Sewer Charges (Large Users) For 3,000 gallons or less $19.39 All over 3,000 gallons, per 1,000 gallons 1.95 NOTE: Minimum Monthly Bill per apartment 19.39 12.50 Minimum 2.35 12.50 Single Family Dwelling - The sewer rate shall be based on the actual usag or the first quarter actual water usage, whichever is less. Two-Family Usage and Multiple Dwelling Usage - Is computed on the same basis as a single dwelling, except that the total quarterly charges on all such properties shall not be less than the number of units multiplied by the $19.29 12.50 per month, minimum charge per unit. Water used but not placed into the sanitary sewer may be deducted providing it is metered. Dwellings Connected to Sewer but not Connected to Municipal Water - Shall pay a quarterly rate of $25.79 44.30. If such users wish to pay sewer rates based on gallons of water used, they can purchase a water meter from the City and have their own plumber install the meter on their well. Commercial and Industrial - The quarterly sewer rate is based on the actual amount of water used each month on the same cost scale as residential (see above). Water used but not placed into the sanitary sewer may be deducted providing it is metered. Availability Charge - All dwellings not connected to the sanitary sewer must pay an availability charge of $~9.E5 37.25 per quarter whether occupied or vacant. 562 Subd. No. Minutes - Mound City Council - December 10, 1996 '1.6 Late Fee Penalty- For all bills not paid on or before the due date specified on the bill, a 10% late fee will be added. Section 540:00, Subd. 13, subsections a and b of the City Code are amended to read as follows: Related Code Conditions Section Type of License and Terms Amount 13 610:45 Water Gallonage Rates a. Service charge of $1.29 1..35 per month, per account b. For all water consumed; $ !.!0 1.20 per 1,000 gallons SET PUBLIC HEARING TO CONSIDER A MODIFICATION TO THE ZONING MAP TO REZONE CERTAIN DESCRIBED PROPERTIES FROM R-1 TO R-lA. SUGGESTED DATE: JANUARY 14, 1997. Jensen, Ahrens, unanimous. '1.7 SET PUBLIC HEARING TO CONSIDER THE APPROVAL OF A PRELIMINARY PLAT, A PLANNED DEVELOPMENT AREA BY CONDITIONAL USE PERMIT, AND RELATED VARIANCES FOR THE "MAPLE MANORS" RESIDENTIAL DEVELOPMENT. SUGGESTED DATE: JANUARY 14, 1997. Jensen, Ahrens, unanimous. '1.8 RESOLUTION #96-124 APPROVING THE LOAN AGREEMENT BETWEEN THE CITY OF MOUND AND METROPOLITAN COUNCIL ENVIRONMENTAL SERVICES (MCES) RE: INFLOW/INFILTRATION CONTROL PROGRAM. Jensen, Ahrens, unanimous. '1.9 APPROVAL OF HOUSING GOALS AGREEMENT UNDER THE METROPOLITAN LIVABLE COMMUNITIES ACT. Jensen, Ahrens, unanimous. 563 Minutes - Mound City Council - December I0, 1996 *1.10 RESOLUTION #96-125 ESTABLISHING MEETING DATE AND TIME OF THE MOUND HRA BOARD. The resolution states the meeting date will be the second Tuesday of the month at 6:30 pm, at Mound Cit~ Hall, prior to the regular City Council Meeting. Jensen, Ahrens, unanimous. *1.11 PAYMENT OF BILLS. Jensen, Ahrens, unanimous. 1.12 EXECUTIVE SESSION At 7:35 pm the Mayor continued the council meeting and excused the council into an Executive Session. At 7:55 pm the Council returned into regular session. City Attorney John Dean summarized the Executive Session stating it was to discuss the proposed purchase agreement for property in the Auditor's Road realignment. He reviewed the provisions and changes. The attorney recommended the Council approve the purchase agreement subject to the changes and authorize the Mayor and City Manager to take the necessary steps to finalize the purchase by the end of 1996. MOTION by Ahrens and seconded by Jensen to approve the proposed purchase agreement for the Carlock property for the realignment of Auditor's Road in conjunction with the Lost Lake Canal project and to authorize the Mayor and City Manager to proceed as necessary to finalize the purchase by the end of 1996. The motion carried unanimously. REGULAR AGENDA ITEMS: 1.13 REQUEST FROM STEVE BEDELL TO SELL BEER FROM "BY THE WAY SNACK SHOP" LOCATED AT 4801 SHORELINE. At the request of the applicant, the item was removed from the agenda. 1.14 EXECUTIVE SESSION #2 City Manager Ed Shukle stated the Council was going into Executive Session to discuss possible litigation regarding a criminal case with a local property owner. He stated Mr. Craig Mertz, Prosecuting Attorney for the City, was present and this item would be discussed in a client/attorney conference. The Council excused themselves at 7:59 PM. They returned at 8:45 pm. City Attorney John Dean summarized stating they discussed pending and threatening litigation against the City and how to proceed in this matter. 564 Minutes - Mound City Council - December 10, 1996 1.15 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. Vince Forystek, 3131 Inverness Road. He asked why the Council was meeting in secret. He did state that he was not in attendance before the Council left the chambers. previous summarization for Mr. Forystek. 1.16 INFORMATION/MISCELLANEOUS: Do Attorney John Dean reiterated his DEPARTMENT HEAD MONTHLY REPORTS FOR NOVEMBER 1996. LMCD REPRESENTATIVE'S MONTHLY REPORT FOR NOVEMBER 1996. REMINDER: COMMIT-FEE OF THE WHOLE AND SECOND COUNCIL MEETING OF DECEMBER ARE CANCELLED. REMINDER: ANNUAL CHRISTMAS PARTY IS SUNDAY, DECEMBER 15, 1996 AT AL & ALMA'S. ADD ON ITEMS: 1.17 PHYLLIS JESSEN APPRECIATION DAY - DEC. 31ST. Mayor Polston stated he would like to designate December 31, 1996 as Phyllis Jessen Appreciation Day in the City of Mound. He stated she has been on the Council for 13 years and before that on the Parks and Open Space Commission. She had worked very hard and deserves recognition. MOTION by Polston, seconded by Ahrens and carried 3-0, Jessen abstained, to designate Tuesday, December 31, 1996 as Phyllis Jessen Appreciation Day in the City of Mound. 1.18 KEVIN SORBO RECOGNITION Mayor Polston stated he had been in conversation with Kevin Sorbo's agent. Kevin is the actor who plays in the television series "Hercules". He was raised in Mound and graduated from Mound Westonka High School. He informed the Council that if we were to name the street he lived on an honorary name of "Sorbo Lane" or something similar; and to rename Langdon Park to Kevin Sorbo Park, he would be in Mound next year for a dedication. He would gladly sign autographs for a fee and then turn those monies over to the City for future development of the newly acquired Veteran's Park. The Council also discussed Mr. Sorbo participating in the City Days Parade in June of 1997. MOTION by Polston, seconded by Jessen and carried unanimously to add to the current street name of "Forest Lane" the name "Kevin Sorbo Lane" in honor of Kevin Sorbo. This would be an honorary street name, mailing addresses of the residents living on Forest Lane would not have to be changed. 565 Minutes - Mound City Council - December 10, 1996 Mayor Polston stated letters would have to be written soon and arrangements would have to be prepared for the dedication in 1997. MOTION by Ahrens, seconded by Jessen to adjourn the meeting at 8:55 pm. The vote was unanimously in favor. Meeting was adjourned. City Manager Attest: Acting City Clerk 566 BILLS December 10, 1996 BATCH 6113 $243,715.93 BATCH 6114 Total Bills 92,375.54 $336,091.47 567