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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 1 1 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. 13 CERTIFICATE OF AWARD Tie for first place in our population category in voting registration for the 14 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 _.o .-....... .._ ~ .~~_ a -i ~~_ 15 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) 16 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 17 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. 18 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 i i 19 ` ~ ~ J ~. ~~ _ ... __.. ~~,~--~ . 1 ~ I _-." _ .. - _ - - ...~ ~.-- ~~ ~ .~/'~- 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. 1 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. 3 ~i ~~GJW`. ~-- - Sent to: Barbara Heyman, Cit Clerk Orval r'enstad Gordon Swenson Robert Polston Ben Withhart ON LAKE MINNETONKA ~ INDIAN BURIAL MOUNDf 20 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 ~ ,,