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1978-02-14023 February 14, 1978 REGULAR MEETING OF THE CITY COUNCI'L Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepln County, Minnesota was held at 5341Maywood Road in said City on February 7, 1978 at 7:30 P.M. Those present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Orval Fenstad, Robert Polston and Benjamin Withhart. Also present were Acting City Manager Mary Marske, City Attorney Curtis A. Pearson, City Engineer William McCombs and Acting City Clerk Marjorie Stutsman. MINUTES The minutes of the meeting of January 24, 1978 were presented for consideration. Fen- stad moved and Swenson seconded a motion to accept the minutes of the Council meeting of January 24, 1978 as presented. The vote was unanimously in favor. The minutes of the meeting of January 31, 1978 were presented for consideration. Pol- ston moved and Fenstad seconded a motion to accept the minutes of the Council meeting of January 31, 1978 as presented. The vote was unanimously in favor. The minutes of the meeting of February 7, 1978 were presented for consideration. Cor- rect minutes to read that: "Fenstad moved and Swenson seconded the motion" on Emergency Oxygen Equipment - Resolution 78-70 and also on the last page, the motion commending Liquor Store Manager be changed to i.nclude "and Employees". Fenstad moved and Withhart seconded a motion to accept the minutes of the Council meeting of February 7, 1978 as corrected. The vote was unanimously in favor. WATER METER BIDS - This item tabled until later in meeting. BIDS - SANITARY SEWER TELEVISION INSPECTION The City Council reviewed the tabulation of bids on Televising the Sewers as presented by City Engineer, William McCombs. Swenson moved and Polston seconded a motion. RESOLUTION NO, 78--79 RESOLUTION ACCEPTING THE BIDS AND AWARDING THE BID TO THE LOW BIDDER, VIKING PIPE SERVICES COM- PANY IN THE AMOUNT OF $7,100.00 (20¢ per lineal foot of pipe televised). The vote was unanimously in favor. City Engineer asked clarification on notification on Sidewalk Project. VACATION - PORTION OF CAMBRIDGE LANE Swenson moved and Withhart seconded a motion RESOLUTION NO, 78-80 RESOLUTION CALLING FOR A PUBLIC HEARING ON THE PROPOSED VACATION OF A PORTION OF CAMBRIDGE LANE AND SETTING THE DATE AS MARCH 14, 1978 at 7:30 P.M. The vote was unanimously in favor. O24 February 14, 1978 ~. LICENSES & PERMITS BINGO PERMIT Withhart moved and Swenson seconded a motion RESOLUTION NO. 78-81 RESOLUTION AUTHORIZING ISSUANCE OF BINGO PERMIT TO THE MINNETONKA POST 398 OF THE AMERICAN LEGION FOR FEBRUARY 18, MARCH 4 AND NOVEMBER 4, 1978 AND WAIVING THE FEE AND BOND REQUIREMENT The vote was unanimously in favor. CIGARETTE LICENSES Swenson moved and Withhart seconded a motion RESOLUTION NO. 78-82 RESOLUTION GRANTING LICENSES TO SELL CIGAR ETTES TO: Grimm's Grocery Bob's Bait Shop Metro "500", Inc. Mound Lanes, Inc. Snyder's Thrifty Drug Surfside, Inc. How Dee's Gas Hut, Inc. Martin & Son Stage 1 Cafe Supermarket Store Briarwood Restaurant - 2 machines ARA Service, Inc. for Tonka Toys - 4 machines Jude Candy & Tobacco Co., Inc. for Mound Municipal Liquor Store Midwest Vending Company for: American Legion Post 398 Duane's 66 Station Koffee Kup The vote was unanimously in favor. GARBAGE & REFUSE COLLECTION LICENSES Swenson moved and Polston seconded a motion RESOLUTION NO. 78-83 RESOLUTION GRANTING LICENSES FOR GARBAGE & REFUSE COLLECTION TO: Blackowiak & Son 3 trucks Mike's Sanitation 1 truck Woodlake San. Service 1 truck The vote was unanimously in favor. Lovaasen moved and Withhart seconded a motion that they would like to see a study done on garbage collection rates. The vote was unanimously in favor. AMENDMENT TO SUBDIVISION ORDINANCE The City Attorney briefly reviewed the proposed ordinance change for Chapter 22 which would require park land dedication with subdivisions, etc. 025 February 14, 1978 AMENDMENT TO SUBDIVISION ORDINANCE (Cont) Fenstad moved and Swenson seconded a motion to ordain the ordinance amending Section 22.37 of the City Code, establishing design standards and requirements relating to public sites, open space and park land dedication in the subdivision of land as Ordinance 372. Discussed market value if cash given in lieu of land. Lovaasen moved and Swenson seconded a motion to strike portions in Subd 2 which read as follows: "It is hereby determined ............................ value shall be $20,000.00 per acre" and "In calculating the fair market value, .................. not exceed $20,000 per acre" Upon roll call vote being taken thereon, the following voted in favor of amending the proposed amendment: Withhart, Swenson and Lovaasen and the following voted against the same: Fenstad and Polston. Amendment to proposed ordinance change carried. Roll call vote was then taken on the proposed ordinance as amended. The following voted in favor thereof: Polston, Withhart, Swenson and Lovaasen; and the following voted against same: Fenstad; whereupon said ordinance was amended (being approved by a vote of 4 in favor to 1 against) is hereby ordained as: ORDINANCE 372 AN ORDINANCE AMENDING SECTION 22.37 OF THE CITY CODE, ESTABLISHING DESIGN STANDARDS AND REQUIREMENTS RELATING TO PUBLIC SITES, OPEN SPACE AND PARK LAND DEDICATION IN THE SUBDIVISION OF LAND The City of Mound does ordain: Section 22.37 of the City Code is amended to read as follows: Section 22.37. Design Standards, Public Sites and Open Space and Park Land Dedication. Subd. 1. Public Sites and Open Spaces. Where a proposed park, playground, or other public site shown on an adopted Comprehensive Plan or official map is embraced Tn part or in whole by a boundary of a proposed subdivision, and such public sites are not dedicated to the City, such public ground shall be shown as reserved land on the preliminary plat to allow the City the opport- unity to consider and take action toward acquisition of such public ground or park by purchase or other means prior to approval of the final plat. Subd. 2. Park Land Dedication. In every plat, replat, or subdivision of land allowing development for residential, commercial, industrial or other uses or combination thereof, or in a Planned Development Area, or where a waiver is granted, a reasonable portion of such land, but not less than 10% if the property Ts to be used for residential, multiple family residential, commercial business or industrial purposes, shall be set aside and dedicated by the tract owner or owners to the general public as open space for park playground purposes, public open space, or storm water holding areas or ponds. Said land shall be suitable for aforedescribed purposes and the City shall not be required to accept land which will not be usable for parks and playgrounds or which would require extensive expenditures on the part of the public to make them usable. The City shall have the option to re- quire cash contribution in lieu of setting aside of dedicated land or in February 14, 1978 026 AMENDMENT TO SUBDIVISION ORDINANCE (Cont) requiring a part of the land and the balance of the land value in cash. Any money so paid to the City shall be placed in a special fund and used only for the acquisition of land for parks and playgrounds, public open space and storm water holding areas or ponds, or the development of ex- isting park and playground sites or debt retirement in connection with land previously acquired for parks and playgrounds. Any lands which obtain a waiver of the subdivision requirements shall be subject to these regulations. Any cash contributions in lieu of land shall be based on 10% for residential, multiple family residential, com- mercial or industrial uses of the total fair market value of the land being subdivided. For purposes of this ordinance, "fair market land valueI' is defined as the market value of the land within such plat, replat, or subdivision as of the date the plat, replat, or subdivision is presented to the City Council for preliminary approval, or if no preliminary approval be given or required as of the date so presented for final approval as determined by the City Assessor in the same manner as he determines the market value of land for tax purposes, excluding, in determining such value, all value added to such land by improvements other than utilities, streets, and other public improvements serving such land, but including in such deter- mination the highest and best use to which the land can be put under the ~zoning districts then established or proposed. This provision shall not apply to the division of platted lots which are being combined with other existing lots to increase lot size to conform to the larger sized lots required by the Zoning Ordinance. This excep- tion is in recognition of the need to put undersized lots together to bring them into conformance with zoning requirements adopted after the original subdivision of properties, many of which predate any zoning regulations of this City. PUBLIC HEARING - PDA ORDINANCE Fenstad moved and Polston seconded a motion to bring off the table the PDA Ordinance. The vote was unanimously in favor. So returned to the table. The Mayor then opened the public hearing for public imput on the Planned Development Area Ordinance and persons present were afforded the opport- unity to express their views thereon. Person present offering comments included: Steve Poindexter The Mayor then closed the public hearing. Lovaasen moved and Withhart seconded a motion to substitute the wording from the Attorney's letter beginning: "7. Open Space ................... "for Paragraph 7 under Standards and Regulations. The vote was unanimously in favor. Lovaasen moved and Fenstad seconded a motion to correct in Paragraph 10, Section 26 to read 22. The vote was unanimously in favor. 027 February 14, 1978 Withhart moved and Lovaasen seconded a motion to strike the sentence "Any one (1) ................. completed" in Paragraph 5 under Standards and Regulations. Roll call vote: The following voted for striking the sentence: Withhart, Swenson and Lovaasen and the following voted against: Fenstad and Polston. Withhart moved and Swenson seconded a motion to ordain that the following Section 23.065, as amended, be added to the City Code as Ordinance 373: ORDINANCE 373 AN ORDINANCE ADDING SECTION 23.065 TO THE CITY CODE PROVIDING FOR A "PLANNED DEVELOPMENT AREA" WITHIN CERTAIN RESIDENTIAL USE DISTRICTS The City of Mound ordains: Section 23.065 is hereby added to the City Code and shall read as follows: 23.065 Planned Development Area a. Purpose. The purpose of this section of the zoning code is to provide a method by which parcels of land in the Residential Use District A-1 (Sec. 23.011), Residential Use District A-2 (Sec. 23.012), Residential Use District B ( Sec. 23.05), and Residential Townhouse Use District (Sec. 23.055), h aving unusual building char- acteristics due to subsoil conditions, topographic conditions, elevation of water table, unique environmental considerations, or because of the parcel's unusual shape or location in relationship to lakes, trees or other natural resources requires more unique and controlled platting techniques to protect and promote the quality of life in the City. b. Standards and Regulations for Planned Development Area. The owner or owners of any tract or tracts or land in the aforedescribed residential districts may submit to the City Council for approval, a plan for the use and development of such a tract of land as a P.D.A. by making application for a Special Use Permit authoriz- ing completion of the project according to the plan. The plan for the proposed pro- ject shall conform to the requirements of the use district within which the land is located except as hereinafter modified. 1. The tract of land for which a project is proposed and a permit requested shall not be less than ten (10) acres. 2. The application for a Special Use Permit shall state precisely the rea- sons for requesting the consideration of the property for P.D.A. 3. The application for the Special Use Permit shall include a detailed pre- liminary plan, and shall be submitted in complete conformance with City subdiv- ision regulations or with all variance detailed and explained. Variances to the requirements of the subdivision ordinance may be approved by the City Council upon a showing that the public health, safety and welfare will not be adversely affected and further that the development plan will not have an adverse effect on adjacent properties. All variances must be so noted on the preliminary plan at the time of application. 4. The number of dwelling units proposed for the entire site shall not ex- ceed the total number permitted under the density control provision for the use district within which the land is located. February 14, 1978 028 5. The density in the plan shall not exceed the maximum for the zoning district. 6. All housing types included as permitted uses in the aforedescribed districts may be included in the P.D.A. Each lot as shown on the plan shall have indicated on it the maximum number of dwelling units to be permitted within a single building. 7. Open space and park land dedication or cash in lieu thereof pursuant to the requirements of Sec. 22.37 of the City Code shall be required. The land which is to be set aside as open space shall be clearly indicated on the plan. Provisions for recreational area and for continual maintenance of that area not dedicated and accepted by theCity shall be required. 8. The concept of cluster platting or zero lot line development will be reflected by the P.D.A. and must be shown on the plan and subject to all con- tions imposed by the Special Use Permit. 9. No conveyance of property within the PDA. shall take place until the property is platted in conformance with the City subdivision regulations and M.S.A. 462.358 or unless specifically waived by the Special Use Permit. All bylaws, Home Owner's Association Articles of Incorporation, and Protective Covenants must be approved by the City Attorney and filed with the record plat. 10. Approval of a P.D.A. Special Use Permit shall be by the City Coun- cil after recommendation by the City Planning Commission and all improvements required by Section 22 of the City Code shall be constructed by the developer at its sole cost. The applicant must provide the City with a surety bond or other financial quarantee to guarantee the construction of all improvements required in accordance with City specifications. 11. The land utilized by public utilities, such as easements for major facilities, such as electrical transmission lines, sewer lines and water mains, where such land is not available to the owner or developer for develop- ment because of such elements, shall not be considered as part of the gross acreage in computing the maximum number of lots or density that may be created under the procedure described in this ordinance. 12. The maximum number of lots that may be approved shall be computed by subtracting, from the total gross acreage available for development under this Planned Development Area procedure, the actual amount of street right- of-way required and that land in (11) which is not available, and by divid- ing the remaining area by the minimum lot area requirements of the existing "R" district or districts in which the development is to be located. 13. After approval of the Special Use Permit, the applicant, owner or developer, before commencing any work or obtaining any building permits shall make a minimum cash deposi~t~of $100 per acre or any portion of an acre there- of. The Council shall establish the amount required for deposit at the time the P.D.A. is approved and this deposit shall be held in a special Developer's Escrow Account and shall be credited to the said applicant, owner or developer. Engineering and legal expenses incurred by the City of Mound in plan approval, office and field checking, checking and setting grade and drainage require- ments, general supervisions, staking, inspections, drafting as-built drawings and all other engineering services performed in the processing of said de- velopment, and all administrative and legal expenses in examining title to 029 February 14, 1978 the property and in reviewing all documents described in paragraph 9 for the land being developed shall be charged to the aforementioned account and shall be credited to the City of Mound for the payment of these expenses. If at any time it appears that a deficit will occur in any Developer's Escrow Account as determined by the City Engineer and/or the City Attorney, said officials shall re- commend to the Council that an additional deposit is required and the Council may re- quire that the applicant, owner or developer shall deposit additional funds in the Developer's Escrow Account. The City Engineer and City Attorney shall itemize all services and materials billed to any Developer's Escrow Account. The applicant, owner or developer making the deposit(s) in the Developer's Escrow Account shall be furnished a copy of said itemized charges and any balance remaining in the account upon completing the project shall be returned to the depositor by the Clerk after all claims and charges thereto have been paid. Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, Withhart, Swenson and Lovaasen, and the following voted against the same: Fenstad; whereupon (Vote being in favor 4 to 1 against) said Ordinance 373 is hereby ordained. TAX FORFEIT LAND Lovaasen moved and F'enstad seconded a motion to table this U,~ntil they have a map color- ed showing more information. The vote was unanimously in favor. FEE - CONDITIONAL USE PERMIT, ETC. Swenson moved and Fenstad seconded a motion RESOLUTION NO. 78-84 RESOLUTION CONCURRING WITH THE PLANNING COMMIS- SION RECOMMENDATION ON SUBDIVISION FEES AND DIRECTING THE CITY ATTORNEY TO PREPARE THE OR- DINANCE CHANGE The vote was unanimously in favor. Fenstad moved and Swenson seconded a motion RESOLUTION NO. 78-85 RESOLUTION CONCURRING WITH THE PLANNING COMMIS- SION AND DIRECTING THE CITY ATTORNEY TO PREPARE THE ORDINANCE CHANGE ON CONDITIONAL USE PERMIT FEE The vote was unanimously in favor. Swenson moved and Polston seconded a motion RESOLUTION NO. 78-86 RESOLUTION CONCURRING WITH THE RECOMt~ENDATION OF THE PLANNING COMMISSION AND DIRECTING THE CITY ATTORNEY TO PREPARE ORDINANCE CHANGE FOR SPECIAL USE PERMIT FEE The vote was unanimously in favor. Mayor Lovaasen then welcomed Tad Jude, Representative from our District 42a in the State House of Representatives. Representative Jude spoke on some of the bills still to be considered in the 1978 sess- ion of the Legislature. Afterward, he answered questions from the Council and citizens present. February 14, 1978 030 COMMENTS AND SUGGESTIONS BY CITIZENS PRESENT Ron Gehring questioned whether proposed new fees would apply to previously platted land on redivlsion of it. No other persons had questions or comments. PURCHASE OF RIGHT-OF-WAY Fenstad moved and Withhart seconded a motion RESOLUTION NO. 78-87 RESOLUTION AUTHORIZING THE MAYOR AND MAN- AGER TO ENTER INTO A PURCHASE AGREEMENT FOR!LOTS 1 AND 2, BLOCK 14, ARDEN FOR STREET RIGHT-OF-WAY FOR 515,000 AND'OTHER CONSIDERATIONS. The vote was unanimously in favor. TRANSFER OF FUNDS Fenstad moved and Polston seconded a motion RESOLUTION NO. 78-88 RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN CITY FUNDS The vote was unanimously in favor. PAYMENT OF BILLS Swenson moved and Withhart seconded a motion to approve payment of bills as presented on the prelist in the amount of 549,173.38 where funds are avail- able. Roll call vote was unanimously in favor, so carried. POLICE SERVICE - INDEPENDENCE Lovaasen moved and Polston seconded a motion to table for more information, The vote was all in favor except for Fenstad who voted nay. Discussed briefly - Redevelopment of Downtown MOHAWK JAYCEES ICE FISHING CONTEST The Council offered no objections to the Jaycees holding ice fishing contest on Cook's Bay on March 5th and the Mayor will furnish a letter as requested for them to send to Hennepin County Water Patrol. WATER METER BID Discussed getting only one bid. Fenstad moved and Polston seconded a motion RESOLUTION NO. 78-89 RESOLUTION REJECTING THE BID AND ORDERING BIDS RE-ADVERTISED IN TRADE MAGAZINE AND IN OFFICIAL NEWSPAPER FOR WATER METERS The vote was unanimously in favor. 031 February 14, 1978 ADJOURNMENT Lovaasen moved and Withhart seconded a motion to adjourn to the next regular meeting on February 21, 1978 at 7:30 P.M. The vote was unanimously in favor, so carried. Marjol~e Stutsman, Acting City Clerk Attest: ~y H.' Ma~ke; Acti'ng ~ity Manager