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1978-03-14039 March 14, 1978 REGULAR MEETING OF THE CITY COUNCIL Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota was held at 5341Maywood Road in said City on March 14, 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 City Manager Leonard L. Kopp, City Attorney Curtis A. Pearson, Assistant City Engineer Lyle Swanson and Acting City: Clerk Marjorie Stutsman. PUBLIC HEARING - VACATION OF A PORTION OF CAMBRIDGE LANE The Acting City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said vacation of a portion of Cambridge Lane. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The City Manager explained which portion of Cambridge Lane the request for vacation is for. The Mayor then opened the public hearing for public imput. No one responded to the call to express their views thereon. The mayor then closed the pUblic hearing. Withhart moved and Polston seconded a motion RESOLUTION NO. 78-114 RESOLUTION TO '~ADOPT A RESOLUTION RETAINING FOR THE CITY A UTILITY AND WALKWAY EASEMENT AND VAC- ATING ONLY THE STREET PORTION OF THE EASEMENT OVER A PORTION OF CAMBRIDGE LANE AS LEGALLY DESCRIBED. Upon roll call vote being taken thereon, the following voted in favor thereof: Fenstad, Polston, Withhart and Lovaason; the following voted against: Swenson; whereupon said resolution was declared passed (4 to 1) and adopted. PUBLIC HEARING - SIDEWALK CONSTRUCTION AND REPLACEMENT Swenson moved and Fenstad seconded a motion to remove from the table the Sidewalk Con- struction and Replacement item. The vote was unanimously in favor. The City Manager summed up the discussion from the March 7, 1978 hearing. The Mayor then re-opened the public hearing for public imput on the sidewalk construc- tion and replacement and persons present to do so were afforded the opportunity to ex- press their views thereon. ,t Steve Hesse, 2631 Commerce Boulevard,. ask.ed'what i's wrong wi'th hi~s sidewalk, Engineer thought only a small portion of his si-clewalkWould be i'n the Part need~ ing replacement. As no other persons present responded to the Call to express· their ¥iews the~'eon~ the Mayor closed the public hear['.ng,. March 14, 1978 PUBLIC HEARING - SIDEWALK CONSTRUCTION AND REPLACEMENT (Cont) 040 Swenson moved and Lovaasen secodded a motion RESOLUTION NO. 78-115 A RESOLUTION TO WAIVE THE READING AND ADOPT THE RESOLUTION ORDERING THE SIDEWALK CON- STRUCTION AND REPLACEMENT IMPROVEMENT AND PREPARATION OF PLANS AND SPECIFICATIONS IN ACCORDANCE WITH PUBLICATION IN CATEGORY "A" OF ENGINEER'S MAP. Upon roll call vote being taken thereon, the following voted in favor there- of: Polston, Swenson, Withhart and Lovaasen; the following voted against: Fenstad; whereupon said resolution was declared passed (4 to 1) and adopted. Polston moved and Fenstad seconded a motion. RESOLUTION NO. 78-116 RESOLUTION DIRECTING ATTORNEY TO DRAW AN ORDINANCE WHEREBY RESIDENTS WOULD BE RE- QUIRED TO REPLACE SIDEWALK TO SPECIFICA- TIONS SET DOWN BY THE CITY AS SIDEWALKS NEEDED REPLACEMENT. The vote was unanimously in favor. A.F.S. VISITORS The Mayor welcomes the A.F.S. visitors. Mr. Fred Bame of the local A.F.S. Chapter introduced the A.F.S. students who spoke of their experiences. They were: Lania Rantamak~ of Ouler, Finland Carlos Vargas of Arequipa, Peru Cindy Lindquist of Mound who had spent a year in Chile Sarah Berquist of Mound who had spent 3 months in Austral ia PELICAN POINT The City Manager went over the request for a special use permit for which the Planning Commission had recommended approval of the preliminary plans. Swenson moved and Withhart seconded a motion RESOLUTION NO. 78-117 RESOLUTION PROVIDING FOR A PUBLIC HEARING ON THE PELICAN POINT "PLANNED DEVELOPMENT AREA" TO BE HELD APRIL 11, 1978 The vote was unanimously in favor. TAX FORFEIT LAND - Council Memorandum 78-81 Fenstad moved and Polston seconded a motion RESOLUTION NO. 78-118 RESOLUTION DIRECTING STAFF TO CHECK INTO BEST USE OF LAND AND MAKE RECOMMENDATION ON DIVISION OF TAX FORFEIT LAND IN BLOCK 26, WYCHWOOD The vote was unanimously in favor. O41 March 14, 1978 TAX FORFEIT LAND - Council Memorandum 78-79 Fenstad moved and Swenson seconded a motion to table discussion on Lot 7, Block 6, Whipple, for further information. The vote was unanimously in favor. FEDERAL HOUSING REHABILITATION GUIDELINES The Council discussed several changes. On Page 4 (c) Standard Deductions, it should show amount of $500.; on Page 9 (b) should be deleted."' Withhart moved and Polston seconded a motion RESOLUTION NO. 78-119 RESOLUTION CREATING THE FEDERAL HOUSING REHAB- ILITATION GRANT PROGRAM AND APPROVING THE GUIDE- LINES AND ELIGIBILITY REQUIREMENTS (as changed) FOR IMPLEMENTATION WITHIN THE CITY OF MOUND The vote was unanimously in favor. COMMENTS & SUGGESTIONS BY CITIZENS PRESENT Roy O'Donnell said that the Council should consider issuing bonds for Park Improve- ments in the City and get it all done at one time; also would like to see structures, etc. for year around use of parks. TAX FORFEIT LAND - Council Memorandum 78-79 Withhart moved and Polston seconded a motion to return discussion of Lot 7, Block 6, Whipple, to the table as the information was now available. The vote was unanimously in favor. Withhart moved and Polston seconded a motion RESOLUTION 78-120 RESOLUTION AUTHORIZING THE RELEASE FOR SALE OF UNDERSIZED LOT 7, Block 6, Whipple, AT THE NEXT PUBLIC AUCTION OF TAX FORFEIT LAND The vote was unanimously in favor. CETA CONTRACT Withhart moved and Swenson seconded a motion RESOLUTION 78-121 RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO ENTER INTO AGREEMENT - TITLE VI PUBLIC SERVICE EMPLOYMENT PROGRAM (CETA) The vote was unanimously in favor. ORDINANCE CHANGE - ESTABLISHING FEES Fenstad moved and Swenson seconded a motion to ordain the following ordinance: ORDINANCE 374 AN ORDINANCE AMENDING SECTION 22.40 SUBDIVISION (e) OF THE CITY CODE, ESTABLISHING FEES FOR PROCESSING THE SUBDIVISION OF LAND March ~4~ 7978 042 The City of Mound does ordain: Section 22.40 Subdivision (e) is amended to read as follows: e. A certified check, drawn on approved bank and available to the City and adequate to defray the cost of employment and retaining of qualified persons to check and verify the proposed plat and to determine its suitability from the standpoint of community planning in the amount of $150.00 for each new subdivision plus $5.00 per lot for each parcel contained therein. The City Council may increase said fee if i~ determines that aforementioned sum will not be sufficient to cover engineering, planning and legal fees incur- red by the City in processing the subdivision. The vote was unanimously in favor; whereupon said Ordinance 374 is hereby or- dained. Swenson moved and Fenstad secondedamotion RESOLUTION NO. 78-121~ RESOLUTION CALLING FOR A PUBLIC HEARING ON PROPOSED AMENDMENT OF SECTION 23.50 ESTAB- LISHING FEES FOR PROCESSING SPECIAL USE PERMITS AND CONDITIONAL USE PERMITS FOR APRIL 4, 1978. The vote was unanimously in favor. WATER ORDINANCE AMENDMENT The Mayor read the proposed ordinance and it was discussed. In Subdivision (g) sentence which reads "with a shut-off and drip in the cellar" should read "drip-valve". Persons present wishing to express their views thereon were: Don Pie]ow - Against; thought it was unnecessary & costly to builders. Ron Gehrlng - Against; feels one meter more manageable. Roy O'Donnell - Doesn't think other communities requi're this. Polston moved and Withhart seconded a motion to ordain the following ordinance: ORDINANCE 375 AN ORDINANCE AMENDING SECTION 6.16 SUBDIVISION (g) OF THE CITY CODE, REQUIRING SEPARATE WATER SERVICES FOR EACH UNIT IN A DUPLEX, DOUBLE BUNGALOW OR TOWNHOUSE The City of Mound does ordain: Section 6.16 Subdivision (g) of the City Code is amended to read as follows: g. Every separate building and each unit in a duplex, double bung- alow or townhouse supplied with water must have its own service connection directly with the mains and each unit must be provided with a shut-off and drip-valve in the cellar from an independent riser pipe. These provisions shall apply to all new construction and for any units which connect to the 043 March 14, 1978 City's water mains hereafter; existing units which do not have separate services as of the effective date of this ordinance and which are not connected to the City's mains are excepted from these provisions except as set forth below. Two or more ad- jacent buildings owned by the same person shall be supplied thru the same connection only so long as the single ownership continues and provided that the owner agrees to pay all charges for water consumed on the entire premises. Upon the termination of such single-ownership, a separate connection shall be made immediately to the build- ing or premises theretofore having the indirect connection, provided that in case there is no water main on any street on which said premises abut, the Superintendent may permit such connection to remain until the water main is laid in such abutting street. The vote was unanimously in favor; whereupon said Ordinance 375 is hereby ordained. ORDINANCE CHANGE - REMOTE WATER READERS' The Mayor read the proposed ordinance changing Section 6.20 of the City Code allowing the installation of remote water meter readers. Swenson moved and Polston seconded a motion to ordain the following ordinance: ORDINANCE 376 AN ORDI~t{ANCE AMENDING SECTION 6.16 SUBDIVISION (i) OF THE CITY CODE, REQUIRING REMOTE READERS ON ALL NEW WATER IN- STALLATIONS: AND ADDING SUBDIVISION (f) TO SECTION 6.20 OF THE CITY CODE REQUIRING REMOTE READERS ON ALL EXISTING WATER METERS IN THE CITY The City of Mound does ordain: Section 6.16 Subdivision (i) of the City Code is amended to read as follows: i. Every service shall be metered and shall have remote readers included as a part of the installation. Only meters and readers furnished by the City shall be installed and they shall remain the property of the City. Section 6.20 of the City Code is amended to add Subdivision (f) which shall read as follows: f. Remote Readers. The City as of this time has approximately 18OO water meters which do not have remote readers. This results in a great inconvenience to the homeowner and waste and inefficiency in the management of the water department as many meters are not read, estimated bills are sent and a substantial number of com- plaints and delinquencies occur. It is deemed to be in the public interest to install remote readers on all water meters to promote efficiency and reduce costs for all water users. Upon the effective date of this ordinance, the Superintendent of the Water Department is authorized and directed to commence a program to upgrade all water meters in the City that do not have remote readers. All water meters in the City water system which are installed and which are capable of being modified to accept a remote reader assembly shall be so modified at the earliest possible date. All water meters in the City water system which are installed and which are not capable of being modified to accept a remote reader assembly shall be replaced by a water meter and remote reader assembly. March 14, 1978 044 No charge w~ll bemade for the ~nstallation of a water meter with the capability of having a remote reader assembly attached, All water users who do not have a remote reader assembly shall be charged the cost of modif- iflcatlon, not to exceed $20.00 per meter. The water user may pay the entire cost or if not paid in a lump sum, the charges shall be spread over four quarterly billings and added to their water bill. The vote was unanimously in favor; whereupon said Ordinance 376 is hereby ordained. PROPERTY ON COUNTY ROAD 110 - Council Memorandum 78-73 Withhart moved and Swenson seconded a motion RESOLUTION 78-122 RESOLUTION AUTHORIZING ENGINEER TO PROCEED WITH THE SUBDIVISION WORK AND DRAINAGE IN- STALLATION OF THE PROPERTY ALONG COUNTY ROAD 110 The vote was unanimously in favor. PARK COMMISSION MINUTES Lovaasen moved and Polston seconded a motion RESOLUTION NO. 78-123 RESOLUTION CONCURRING WITH THE PARK COMMIS- SION AND AUTHORIZING THE FILLING OF THE LOW PORTION OF HIGHLAND PARK TO A LEVEL NOT TO INTERFERE WITH THE TREES. The vote was unanimously in favor. STORM SEWER ASSESSMENT - Council Memorandum No. 78-70 Swenson moved and Fenstad seconded a motion RESOLUTION NO. 78-124 RESOLUTION AUTHORIZING THE ABATEMENT OF STORM SEWER ASSESSMENT - Lots 23 and 24, Block 25, Shadywood Point. The vote was unanimously in favor. CIGARETTE LICENSE Withhart moved and Swenson seconded a motion RESOLUTION NO. 78-125 RESOLUTION APPROVING ISSUANCE OF A CIGARETTE LICENSE TO APCO STATION The vote was unanimously in favor SURPLUS EQUIPMENT - Council Memorandum 78-71 Swenson moved and Polston seconded a motion RESOLUTION NO. 78-126 RESOLUTION AUTHORIZING TRANSFER OF SURPLUS EQUIPMENT TO THE CITY'S USE. The vote was unanimously in favor. O45 MINUTES March 14, 1978 The minutes of the meeting of February 21, 1978 were presented for consideration. Swenson moved and Polston seconded a motion to accept the minutes of the meeting of February 21, 1978 as submitted. The vote was unanimously in favor. The minutes of the meeting of March 7, 1978 were presented for consideration. The Mayor requested that the minutes reflect that his absence was due to Schooling for his Employer. Polston moved and Swenson seconded a motion to accept the minutes as amended for the meeting of March 7, 1978. The vote was unanimously in favor. BILLS Swenson moved and Withhart seconded a motion to approve the payment of bills as pre- sented on the prel. ist in the amountof:'$44,387.83 wh~re funds are available. Roll call vote was unanimously in favor, so carried. Discussed the possibility of Indian Mounds being located on Lots 19 and 20, Auditor's Subdivision 170. Council requested City Manager to write the Archeologist regarding a re-inspection. FLOATING HOLIDAY - Information Memorandum 78-27 Lovaasen moved and Swenson seconded a motion RESOLUTION NO. 78-127 RESOLUTION AUTHORIZING THAT THE CITY OFFICE BE CLOSED ONMOND~Y, JULY 3RD, TO ALLOW THE STAFF TO TAKE THAT DAY AS THE FLOATING HOLIDAY The vote was unanimously in favor. Discussed meeting with the Fire Department. City Manager has been requested to set up meeting sometime after April 1st. WINTER NO PARKING Swenson moved and Withhart seconded a motion RESOLUTION NO. 78-128 RESOLUTION REMOVING THE NO ON-STREET PARKING BE- TWEEN 2 A.M. AND 6 A.M. FOR THIS SEASON The vote was unanimously in favor. SIGN REQUEST - Council Memorandum 78-87 Discussed. Suggestion was to look into alternatives including a portable stop sign for the hours during shift changes at Tonka. Discussed: Police Officer Road Restrictions being effective March 15th Well # 1 - Need to pull & inspect Well Status of Environmental Statement - Beachside Fire Pension Bill Telephone Rates not changing for another 6 months County Road 15 By-Pass March 14, 1978 046 MEETING - March 21, 1978 Swenson moved and Polston seconded a motion that the Council Meeting of March 21, 1978 be cancelled. The vote was unanimously in favor. ADJOURNMENT Fenstad moved and Swenson seconded a motion to adjourn to the regular meet- ing of March 28, 1978 at 7:30 P.M. The vote was unanimously in favor, so carried. Marjori6~ Stutsman, Acting City Clerk Attest: [6o/~rd L. Kopp, City Manager/ /