1977-01-25pt~ w~.J~.W.,...rll~' _>tyiMlNui~lii~ i ~ M,,, - yl„
MINUTES OF THE COUNCIL MEETING OF JANUARY 25, 1977 at 7:30 P. M, at
the MOUND COUNCIL CHAMBERS
Present were: Mayor Tim Lovaasen, Councilmen Gordon Swenson, Ben Withhart
and. Orval Fe.nstad.; City Manager Leonard Kopp and Attorney Curtis Pearson.
MINUTES
The minutes of the Council meeting of January 11, 1977 were presented for
consideration. The mayor amended Resolution 77-32 to include the uses and
amounts of monies to be used from the HUD grant
Planning $5, 000. 00; Island Park Park $17, 000. 00; Three Points Park
$32, 000. 00; Public Recreation Land Erosion Lakeshore Control $8, 000.00
and the balance to be used for Bike Hike Paths.
Swenson moved and Withhart seconded. a motion to accept the minutes of the January
11, 1977 meeting as amended. The vote was unanimously in favor, so carried and
accepted.
COUNCIL VACANCY
Each councilman and the Mayor named. their choice for the council seat by voice
vote.
Fens tad - Patricia Shay
Swenson - Robert Polston
Withhart -Robert Polston
Lovaasen -Robert Polston
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Lovaasen moved and. Swe.nso.n seconded a motion
RESOLUTION 77-49 RESOLUTION DECLARING A COUNCIL
V~i~~T,C~ AN1~.1~4Iaf~~1C~.~_~ORT~D. POLSTON
TO FILL THE VACANCY
Roll Call Vote
Fenstad Nay
Swenson Aye
Withhart Aye
Lovaasen Aye
So resolved
Councilman Polston took the oath of office and was seated at the council table after
a round. of congratulations.
RESOLUTION COMMENDING DOROTHY SCHOLTZ
Withhart moved and. Lovaasen seco.rd.ed a motion
RESOLUTION 77-50
The vote was unanimously in favor
VOTINGEST CITY AWARDS
RESOLUTION COMMENDING DOROTHY
SCHOLTZ FOR ~iER SERVICES ON THE
HUMAN RIGHTS COMMISSION
Mrs. Henry Frey, Mrs David. Barrett, Mrs. Mildred N. Peterman and. Mrs. George
Shepherd Sr. presented. to the citizens of Mound
CERTIFICATE OF EXCELLENCE
For over 70°~o turnout at the November 2, 1976 election.
CERTIFICATE OF AWARD
First place for increasing the percentage of voting age population between
November 5, 1974 and. November 2, 1976.
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CERTIFICATE OF AWARD
Tie for first place in our population category in voting registration for the
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November 2, 1976 election.
Chart es Jackson presented the large banner to the citizens of Mound for
AMERICA'S VOTINGES T ' 76
This is first place for our category
The council and the audience gave the donors a big hand. end the mayor and. council
thanked each o.ne personally.
BUFFALO BITUMINOUS CONTRACT
Fenstad moved. and Swenson seconded a motion to table the Buffalo Bituminous
Contract. The vote was unanimously in favor.
BINGO PERMIT
Our Lady of the Lake church submitted an application for a Bingo Permit
Withhart moved and Swenson seconded a motion
RESOLUTION ~77-51 RESOLUTION GRANTING A PERMIT FOR
BINGO TO OUR LADY OF THE LAKE CHURCH
FROM JANUARY 1, 1977 to JANUARY 1, 1978
The vote was unanimously in favor
SURVEY OF BRIGHTON COMMONS
Swenson moved a.nd Fenstad. seconded. a motion
RESOLUTION 77-52 RESOLUTION ORDERING SURVEY OF
BRIGHTON COMMONS BY M000MBS-
KNUTSON FOR $1, 650 -Revenue Sharing Funds
The vote was unanimously in favor
PARKING VARIANCE
4906 Leslie Road not recommended by the Public Works Director.
Swenson moved and Withhart seconded. a motion
RESOLUTION 77-53 RESOLUTION TO CONCUR WITH THE PUBLIC
WORKS DIRECTOR AND DENY PARKING
VARIANCE FOR 4906 LESLIE ROAD
The vote was unanimously in favor
5227 Phelps Road. recommended by the Public Works Director for 1977 winter only.
Swenson moved and Lovaasen seconded. a motion
RESOLUTION 77-54 RESOLUTION TO GRANT: C~ARKING VARIANCE
FOR ONE VEHICLE AT 5227 PHELPS ROAD -
1977 WINTER ONLY
The vote was unanimously in favor
4912 Leslie Road, 1599 Gu11 Lane and. 5872 Glenwood .not recommended. by the Public
Works Director
Fenstad. moved. and Swenson seconded. a motion
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RESOLUTION 77-55 RESOLUTION TO CONCUR WITH THE PUBLIC
WORKS DIRECTOR AND DENY PARKING
VARIANCES FOR 4912 Leslie Road, 1599 Gull
Lane and 5872 Glenwood
The vote was unanimously in favor
COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT
Robert Knott -happy to see a full council.
Jeanette Gellman -Erwin fence on public property
CE TA AGR~MLN T
Withhart moved and 5wenso.n seconded a motion
RESOLUTION 77-56 RESOLUTION AUTHORIZING AND DIRECTING
THE MY~YOR AND THE MANAGER TO SIGN
AGREEMENT FOR CE TA FUNDS -December
1, 1976 to October 30, 1977
The vote was unanimously in favor
HOIST FOR PUBLIC WORKS GARAGE =discussed, .no action
TAX FORFEIT LAND
Fenstad moved. and Swenson seco.nd.ed. a motion
RESOLUTION 77-57 RESOLUTION AUTHORIZING AND DIRECTING
APPLICATION FOR CONVEYANCE FROM THE
STATE LOT 1, BLOCK 11, ARDEN, FOR
MSA STREET RIGHT-OF-WAY
The vote was unanimously in favor
YOUTH COMMISSION
Withhart moved. and Fenstad seconded. a motion
RESOLUTION 77-58 RESOLUTION AMENDING RESOLUTION 73-162
AND DEFINING PURPOSE AND PHILOSPHY OF
THE MOUND YOUTH COMMISSION
The vote was unanimously in favor
BILLS
A list of bills totaling $8, 912. 11 was presented for consideration. Swenson moved
and, Fenstad seconded a motion to pay these bills where funds are available. Roll call
vote was unanimously in favor.
George Boyer of Eugene A. Hickok & Associates Inc. reported. to the council on
Mound's water system. He stated that Well No. 6 was a.n excellent well and would.
yield. 1, 000 gallons per minute; Well No. 7 had. some sand but would. yield 700 gallons
per minute; an approximate loss of 40% of the water pumped. made the study useless
at this time, a check of the pump registers will be made to see how accurate they are
before finishing the study. He will be scheduled for a report at the 2.nd discussion
meeting in April. (April 19, 1977)
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METRO INDUSTRIAL USER CHARGES
Fenstad moveda.nd. Swenson seconded a motion to ordain the following ordinance
ORDINANCE N0. 356
AN ORDINANCE ADDING SECTION 20.20 TO THE CITY CODE
ESTABLISHING AN INDUSTRIAL USER STRENGTH CHARGE IN
ADDITION TO THE CHARGE BASED UPON THE VOLUME OF
DISCHARGE BY AN INDUSTRIAL USER AND ESTABLISHING
AN INDUSTRIAL USER STRENGTH CHARGE FORMULA FOR THE
COr1PUTATION THEREOF TO RECOVER OPERATION AND MAIN-
TENANCE COSTS OF WASTE TREATMENT SERVICES ATTRIBUT-
ABLE TO THE STRENGTH OF THE DISCHARGE OF INDUSTRIAL
WASTE INTO THE SEWER SYSTEM AND ESTABLISHING TAX
LIEN AGAINST PROPERTY SERVED IN CONNECTION WITH
SUCH STRENGTH CHARGE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA:
Section 20.20 is hereby added to the City Code and shall read as
follows:
Section 20.20.
Subdivision A. Recitals. The Metropolitan Waste Control Commission, a
metropolitan commission organized and existing under the laws of
the State of Minnesota (the "Commission"~, in order to receive and
retain grants in compliance with the Federal Water Pollution Control
Act Amendments of 1972 and re gulations thereunder (the "Act"~, has
determined to impose an industrial user sewer strength charge upon
users of the Metropolitan Disposal System (as defined in rinnesota
Statutes, Section 473.121, subdivision 24) to recover operation and
maintenance costs of treatment works attributable to the strength of
the discharge of industrial waste, such sewer strength charge being
in addition to the charge based upon the volume of discharge. In
order for the City to pay such costs based upon strength of indus-
trial discharge and allocated to it each year by the ConuTission, it
is hereby found, determined and declared to be necessary to •establish
sewer strength charges and a formula for the computation thereof for
all industrial users receiving waste treatment services within or
served by the City. Furthermore, Minnesota Statutes, Section 444.075
Subdivision 3, empowers the City to make such sewer charge a charge
against the owner, lessee, occupant or all of them and certify unpaid
charges to the county auditor as a tax lien against the property
served.
Subdivision B. Establishment of Strength Charges. For the purpose of
paying the costs allocated to the City each year by the Commission
that are based upon the strength of discharge of all industrial
users receiving waste treatment services within or served by the
City, there is hereby approved, adopted and established, in addition
to the sewer charge based upon the volume of discharge, a sewer charge
upon each company or corporation receiving waste treatment services
within or served by the City, based upon strength of industrial waste
discharged into the sewer system of the City (the "Strength Charge"~.
Subdivision C. Establishment of Strength Charge Formula. For the purpose
of computation of the Strength Charge established by Subdivision B
hereof, there is hereby established, approved and adopted in compli-
ance with the Act the same strength charge formula designated in
Resolution No. 76-172 adopted by the governing body of the Commission
on June 15, 1976, such formula being based upon pollution qualities
and difficulty of disposal of the sewage produced through an evalu-
ation of pollution qualities and quantities in excess of an annual
average base and the proportionate costs of operation and maintenance
of waste treatment services provided by the Commission.
Subdivision D. Strength Charge Payment. It is hereby approved, adopted
and established that the Strength Charge established by Subdivision B
hereof shall be paid by each industrial user receiving waste treatment
services and subject thereto before the twentieth (20th day next
succeeding the date of billing thereof to such user by or on behalf
of the City, and such payment thereof shall be deemed to be delin-
quent if not so paid to the billing entity before such date. Fur-
thermore, it is hereby established, approved and adopted that if
such payment is not paid before such date an industrial user shall
pay interest compounded monthly at the rate of two-thirds of one
percent (230) per month on the unpaid balance due.
Subdivision E. Establishment of Tax Lien. As provided by Minnesota
Statutes, Section 444.075, Subdivision 3, it is hereby approved,
adopted and established that if payment of the Strength Charge es-
tablished by Subdivision B hereof is not paid before the sixtieth
(60th day next succeeding the date of billing thereof to the
industrial user by or on behalf of the City, said delinquent sewer
strength charge, plus accrued interest established pursuant to
Subdivision D hereof, shall be deemed to be a charge against the
owner, lessee and occupant of the property served, and the City
or its agent shall certify such unpaid delinquent balance to the
county auditor with taxes against the property served for collec-
tion as other taxes are collected; provided, however, that such
certification shall not preclude the City or its agent from re-
covery of such delincuent sewer strength charge and interest there-
on under any other available remedy.
Subdivision F. Severability. In the event any provision of this ordin-
ance shall be held invalid or unenforceable by any court of compe-
tent jurisdiction, such holding shall not invalidate or render
unenforceable any other provision hereof.
The vote was unanimously in favor
SEWER CHARGES
Fenstad moved. a.nd Swenson seconded a motion
RESOLUTION 77-59 RESOLUTION AMENDING RESOLUTION
74-32, Section b REGARDING SUMMER
QUARTER SEWER SERVICE CHARGES
The vote was unanimously in favor
HUD FUNDS FOR SUBSIDIZED RENT
Fenstad moved a.nd Swenson seconded a motion
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RESOLUTION 77-60 RESOLUTION DECLARING THE NON-SUPPORT
OF THE HUD PROGRAM FOR AC~2UIRING
LAND FOR CONSTRUCTION OF RENT SUBSID-
IZED HOUSING
The vote was unanimously in favor
MORATORIUM ON ~II.;'TiIPLE .USE CONSTR,3'JGTfiON
Withhart moved. and Fenstad. seconded a motion
RESOLUTION 77-61 RESOLUTION DECLARING A MORATORIUM ON
THE CONSTRUCTION OF 1CrtUT,TIPEE~"IISE
DWELLINGS WITHIN THE CITY OF MOUND
The vote was unanimously in favor
NOTE: Agenda for next discussion meeting- - how to work out tha details of the
zoning ordinance.
Resolution 728.286 was not used because the variances were .not needed as the land
was in excess of the 6, 000 square feet needed.
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LIQUOR STORE INVENTORY
Fenstad. moved and Swenson seconded. a motion
RESOLUTION 77-62 RESOLUTION COMMENDING NELS SCHERNAU
FOR THE LIQUOR STORE INVENTORY RAPID
TURN-OVER.
The vote was unanimously in favor
DISCUSSED:
Metro Council
Police Chief selection from 31 to 12 applicants
I. P. Siren turn off
ISLAND PARK FIRE SIREN
Lovaasen moved. and Fenstad seconded. a motion
RESOLUTION 77-63 RESOLUTION AUTHORIZING AND DI~SC'~''JTIG
THAT THE ISLAND PARK SIREN BE 'Z't)'~A1~D U% T-
OFF FOR FIRES AND TIME SIGNALS. ~~TT 8~
USED FOR NATIONAL AND NATURAL ~
EMERGENCIES ADD THE MONTHLY CIVIL
DEFENSE TEST
The vote was unanimously in favor
DISCUSSED:
Attorney fees of City Employee charged. with selling to a minor.
CSO and Police duties -want to be agended. for a discussion meeting
Administrative Code for City
Fenstad moved. add Swe.nso.n seconded. a motion to adjourn until the meeting of
February 8, 1977 at 7:30 P. M. The vote was unanimously i.n favor, so carried and
adjourned.
Barbara Heyman, Cit~ Clerk
Attes p
eonard L. Kopp, Ci anager
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ON LAKE MINNETONKA INDIAN BURIAL MOUNDf
5341 MAYWOOD ROAD
MOUND, MINNESOTA 55364
Barbara Heyman, City Clerk
City of Mound, Minnesota
TELEPHONE
(612) 472-1155
January 28, 1977
I, Tim Lovaasen, Mayor of the City of Moundmhereby call
a special meeting of the Mound City Council on Monday,
January 31, 1977 at 7:00 P. M, at the Mound City Office
for the purpose of :a:u~thorang=~tlhe si~aauacn~e>fO~ a'''di°ipi-~~e
check to replace a missing check to the American National
Bank and Trust for the payment of Sewer and Water bonds.
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You are hereby directed to give notice to each member of
the Mound City Council. .
Tim Lovaasen, Mayor
l e~
5341 MAY WOOD ROAD
MOUND, MINNESOTA 55364
TELEPHONE
(612) 472-1155
January 2~i, 1977
Councilman
You are hereby notified that pursuant to MSA Section 412. lyl,
the mayor has ca.l.led a special meeting of the Mound City
Council on Monday, January 31, 1977 at 7:UU P.M. at the
Mound City Office for the purpose of authorizing the issuance
of a duplicate check to replace a missing check to the
American National Bank nzd Trust for the payment of Sewer
and Water Bonds.
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~i ~~GJW`. ~-- -
Sent to: Barbara Heyman, Cit Clerk
Orval r'enstad
Gordon Swenson
Robert Polston
Ben Withhart
ON LAKE MINNETONKA ~ INDIAN BURIAL MOUNDf
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MINUTES OF THE SPECIAL MEETING OF JANUARY 31, 1977 at 7:00 P.M, at
the MOUND CITY OFFICE
Present were: Mayor Tim Lovaasen; Cou.ncilme.n Robert Polston, Ben Withhart, and
Gordon Swenson; City Manager Leonard L. Kopp.
REPLACING MISSING `CY-I~CK
Swenson moved a.nd. Withhart seconded a motion
RESOLUTION 77-64 RESOLUTION AUTHORIZING CHECK TO
REPLACE MISSING CHECK TO AMERICAN
NATIONAL BANK & TRUST COMPANY FOR
$88, 993.41
The ro.lL call vote was unaizLmousty i_n favor.
Swenson moved. and. Withhar`. seconded. a motion to adjourn. The vote was unanimously
in favor, so carried. and, adjourned. ~ ~
Attest: _ arbara Heyman, Cit Clerk
onard.Kopp, ity a.ager
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