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