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1978-02-14 revised Packet CITY OF MOUND Mound~ Minnesota AGENDA CM 78-50 CM 78-54 CM 78-52 CM 78-46 CM 78-47 CM 78-48 CM 78-44 CM 78-45 CM 78-53 CM 78-49 CM 78-51 Mound City Council February 14, 1978 City Hall 7:30 P.M. ~ Minutes Pg. 523-534 2. Bids A. Water Meters Pg. 504-506 ~. Sanitary Sewer Television Inspection Pg. 521-522 ~ Vacation - Cambridge Lane Pg, 501-503 ~-~ Licenses & Permits · ~. Bingo Permit Pg. 499-500 ~. Cigarette License Renewals Pg. 498 -~-. Garbage & Refuse Collection Renewals Pg. 497 ~9~ Amendment to Subdivision Ordinance Pg. 494-496 .Public Hearing - PDA Ordinance Pg, 487-493 Tax Forfeit Land Pg. 519-520 ~ Fees , Conditional Use Permits Pg. 483-486 .~ , Comments & Suggestions by Citizens Present (2 Minute Limit) Purchase of Right-of-Way Pg. 481-482 Transfer of Funds Payment of Bills Information Memorandums Pg. 441-480 & Also Pg. 518 Committee Reports Pg. 535 REGULAR MEETI~IG OF THE CITY £OUNClL January 24, 1978 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 January 24, 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 tile City Manager Leonard L. Kopp, City Attorney Curtis A. Pearson and City Clerk Mary H. Marske. COhIMENDATION - JAMES GILBERTSON - EAGLE SCOUT AWARD Lovaasen moved and Withhart seconded a motion RESOLUTION 78-35 RESOLUTION COMMENDING JAMES GILBERTSON - EAGLE SCOUT. The vote was unanimously in favor. BLACK LAKE BRIDGE DISCUSSION Representatives from the Hennepin County Highway Department attended the council meeting held jointly with Spring Park Council to discuss the construction of the Black Lake Bridge. The staff was directed to prepare a resolution supporting the reconstruction of the Black Lake Bridge. MINUTES The minutes of the meeting of January 10, 1978 were presented for consideration. Swenson moved and Polston seconded a motion to accept the minutes of the meeting of January 10, 1978 with a correction on page 4 Resolution 78-25 to note the parking variance was approved up to February 1, 1978. The vote was unanimously in favor. The minutes of the meeting of January 17, 1978 were presented for consideration. Polston moved and Swenson seconded a motion to accept the minutes of the Council meeting of January 17, 1978 as presented. The vote was unanimously in favor. pUBLIC HEARING -AMEND CHAPTER 23 - MULTIPLE DWELLINGS The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said amendment. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The City Attorney briefly reviewed the changes in the amended multiple dwelling code. The Mayor then opened the public hearing for public input on the multiple dwelling ordinance and persons present to do so were afforded the opportunity to express their views thereon. Persons present offering comments included: Jim Scruton, 5267 Bartlett Boulevard The Mayor then closed the public hearil'~g. Withhart moved and Polston seconded a motion to ordain the following section be added to the City Coc!e as Ordina~ce 371 ORBINANCE NO. 371 AN ORDINANCE AMENDING CHAPIEH 23 OF THE CITY CODE REGULATING ZONING AND ADDI~,~G SECTION 23.0001 SETTING FORTH DEFINITIONS: AblENDtI.IG SECTIONS 23.06, 23.O61,23,O62, 23.30 SUBD. 1,SUBSECTIO~ (h) AND 23.32 RELATING TO USE, STA~.IDARDS AND CO~IDITIONS RELATING TO MULTIPLE D~,!ELLINGS A~D ADDING SECTION 23.60 TO PROVID£~ PERFORI.~ANCE ~TA,,DARDS IN ALL USE DISTRICTS AND REPEALII,~C; PORTIONS OF SECTIOI,1S 23.O61 SU£~D. (d), 23.062 SUBD. (d) AND SECTIOII 23.3~ Wt-IIC~I AP, E IIlCO,~'StSTE~I' IN T~tE MUL'FI~'LE DISTRICTS. 010 January 24, 1978 Upon roll call vote being taken thereon, the following voted in favor thereof: Polston, ~ithhart, Fenstad, Swenson and Lovaasen and the follo~-~ing voted against the same: none, whereupon said ordinance in hereby ordained. Swenson moved and Fenstad seconded a motion RESOLUTION 78-36 RESOLUTION TO REMOVE THE MORATORIUM ON CONSTRUCTION OF MULTIPLE DWELLINGS AS PASSED BY RESOLUTION 77-61 The vote was unanimously in favor. PUBLIC HEARING - DOCK LOCATION MAP The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said dock location map. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then opened the public hearing for input on said dock location map and personspresent to do so were afforded an opportunity to express their views thereon. No persons presented objections and the Mayor then closed the public hearing. Withhart moved and Swenson seconded a motion RESOLUTION 78-37 RESOLUTION APPROVING PROPOSED CHANGES IN THE DOCK LOCATION MAP AS PRESENTED BY THE DOCK INSPECTOR. The vote was unanimously in favor. CONTINUED HEARING - HUD FUNDS - YEAR IV The Mayor reopened the public hearing regarding H.U.D. Funds, Year IV continued from the published hearing date of January 17, t978. Polston moved and Lovaasen seconded a motion to reallocate the designated $5,000.00 from the lift chair in the City Office to a Youth Employment Program from Revenue Sharing Funds. The vote was unanimously in favor. Persons present offering comments regarding the use of the H.U.D. Funds included: Jim O'Donnell, Island Park resident The Mayor then closed the public hearing. Swenson moved and Withhhart seconded a motion RESOLUTION 78-39 RESOLUTION DESIGNATING ALLOCATIONS OF H.U.D. FUNDS TO BE APPLIED FOR UNDER COMMUNITY DEVELOPMENT BLOCK GRANT ACT OF 1974. The vote was unanimously in favor. TAX FORFEIT LAND Withhart moved and Lovaasen seconded a motion RESOLUTION 78-40 RESOLUTION AUTHORIZING RELEASE OF LOT 6, BLOCK 28, WHIPPLE FOR PUBLIC SALE WITtl CERTAIN STIP- ULATIONS. The vote was unanimously in favor. The Council requested the Planning Commission review the problems of persons building without building permits and submit a recommendation to the Council on solutions and appropriate fines and fees. SIDEWALK REPLACEMENT REPORT ADDENDUH The City Er, gineer submitted a sidewalk replacement report addendum to the Council for consideration. Polston moved and Swenson seconded a mellon January 24, 1978 RESOLUTION 78-41 The vote was unanimously in favor. REQUEST FOR WATER, SEWER AND STREET RESOLUTION PROVIDING FOR A PUBLIC HEARING ON 1978 SIDEWALK REPLACEMENT FOR HARCH 7, 1978 AND ACCEPTING THE PRELIMINARY RE- PORT AS SUBMITTED. The Council determined to defer this matter to a future agenda. COVER THE CLOCK - 11:30 CURFEW Withhart moved and Swenson seconded a motion RESOLUTION 78-42 RESOLUTION TO ESTABLISH ADJOURNMENT OF COUNCIL MEETING AT 11:30 P.M. RESOLUTION APPOINTING GERALDSMITH TO A ~10 YEAR TERM ON THE PLANNING COMMISSION. The vote was unanimously in favor. COMMISSION APPOINTMENTS Lovaasen moved and Swenson seconded a motion RESOLUTION 78-43 RESOLUTION APPOINTING GARY PAULSON TO A THREE YEAR TERM ON THE PLANNING COMMISSION. The vote was unanimously in favor. Withhhart moved and Swenson seconded a motion RESOLUTION 78-44 RESOLUTION APPOINTING GREG GIBSON TO A THREE YEAR TERM ON THE PLANNING COMMISSION. The vote was unanimously in favor. Polston moved and Swenson seconded a motion RESOLUTION 78-45 RESOLUTION APPOINTING KAREN WIDHELM TO A THREE YEAR TERM ON THE PLANItING COMMISSION. The vote was unanimously in favor. Withhart moved and Polston seconded a motion RESOLUTION 78-46 The vote was unanimously in favor. Withhart moved and Polston seconded a motion RESOLUTION APPOINTING TONY CASE TO A THREE YEAR TERM ON THE PARK COMMISSION. RESOLUTION 78-47 The vote was unanimously in favor. Lovaasen moved and Polston seconded a motion RESOLUTION 78-48 RESOLUTION APPOINTIHG FRANK AHRENS TO A THREE YEAR TERM ON THE PARK COMHISSION. The vote was four in favor and Withhart voting nay. Lovaasen moved and Swerl~on seconded a motion RESOLUTION 78-49 RESOLUTION APPOINTING SA~'DRA ANDREWS TO A THREE YEAR TERH ON TIlE HUMAN RIGUTS COMMISSIOH Thc vot~a was unanimously ir, favor. January 24, 1978 COVER THE CLOCK Swenson moved and Polston seconded a motion to disregard Resolution 78-q2 and complete the agenda. COMMENDATION OF CKLAIR ttASSE Lovaasen moved and Swenson seconded a motion RESOLUTION 78-50 RESOLUTION COMMENDING CKLAIR HASSE The vote was unanimously in favor. RENEWAL OF TAXICAB LICENSES Swenson moved and Polston seconded a motion RESOLUTION 78-51 RESOLUTION APPROVING THE RENEWAL OF A TAXICAB LICENSE FOR TO~N TAXI COMPANY The vote was unanimously in favor. D.W.I. LEGISLATION Fenstad moved and Polston seconded a motion RESOLUTION ?8-52 RESOLUTION TO SUPPORT THE LEGISLATION IN SENATE FILE 865 AND HOUSE FILE 1381 REGARDING D.W.I. ARRESTS. The vote was three in favor with Lovaasen and Swenson voting nay. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Ron GehFing inquired about what policy was followed regarding aiding individuals in purchasing tax forfeit land. Roy O'Donnell asked why the City purchases so much land. PAYMENT OF BILLS Fenstad moved and Polston seconded a motion to approve payment of the bills as presented on the prelist in the amount of $62,199.90 where funds are available. Roll call vote was unanimously in favor, so carried. PROPOSED L.M.C.D. ORDINANCE The Council briefly discussed the proposed L.M.C.D. ordinance regarding docks and land use abutting Lake Minnetonka. Withhart moved and Polston seconded a motion RESOLUTION 78-53 RESOLUTION REQUESTING THE MAYOR CORRESPOND THE FEELINGS OF TIlE MOUND COUNCIL TO THE L.M.C.D. BY LETTER. The vote was unanimously in favor. BEACHSIDE DEVELOPMENT Swenson moved and Lovaasen seconded a motion RESOLUTION 78-54 RESOLUTIOH PROVIDING FOR A PUBLIC HEARING REGARDING BEACNSIDE DEVELOPMENT TO BE NEt. D FEBRUARY 7, 1978 at 7:30 p.m. The vote was unanimously in favor. ADJOURNMEIIT S,..~enson moved and Polston seconded a motion to adjourn to the next.regular meeting on January 3t, 1978 at 7:30 p.m. The voEe was unanimously in favor, so carried and adjourned. 5-3 / January 24, 1978 013 Mary H. Marske, City Clerk/Treasurer Leonard L. Kopp, City Manager REGULAR MEETING OF THE CITY COUHClL January 31, 1978 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 January 31, 1978 at 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Orval Fenstad, Robert Polson and Benjamin Withhart. Also present were City Manager Leonard L. Kopp, City Attorney Curtis A. Pearson and City Clerk Mary H. Marske. PUBLIC HEARING - PLANNED DEVELOPMENT AREA AMENDMENT The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said amendment. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The City Attorney briefly reviewed the content of the amendment. The Mayor then opened the meeting for public input on the amendment and persons present to do so were afforded the Opportunity to express their views thereon. Persons present offering comments included: Ron Gehring, 3215 Charles Lane Steve Poindexter, Attorney Jim Whitesell, The Laker The Mayor then closed the public hearing. Fenstad moved and Swenson seconded a motion to reduce the required area for a Planned Development Area to five (5) acres. The vote was Fenstad and Swenson in favor and Lovaasen, Polston and Withhart voting nay. Motion failed. Fenstad moved and Swenson seconded a motion to table the item at this time. The vote was unanimously in favor. Withhart moved and Fenstad seconded a motion RESOLUTION 78-55 RESOLUTION DIRECTING THE CITY ATTORNEY TO AMEND THE PROPOSED ORDINANCE AMENDMENT TO INCLUDE PROVISIONS FOR PARK DEDICATION. The vote was unanimously in favor. TUXEDO EASEMENT' Fenstad moved and Swenson seconded a motion RESOLUTION 78-56 RESOLUTION AUTHORIZING THE OBTAINING OF AN EASEMENT FOR TUXEDO BOULEVARD OF LOTS 1 AND 2 AND THE EAST 1/2 OF 3, BLOCK 18, DEVON IN THE AMOUNT OF $175.OO The vote was unanimously in favor. LOTS 1 & 2, BLOCK 14, ARDEN Swenson moved and Wi thhart seconded a motion RESOLUTION 78-57 RESOLUTION AUTHORIZING THE CITY MANAGER AND CITY ATTORNEY TO NEGOTIATE A LOUER PURCHASE PRICE ON THE PROPERTY NEEDED FOR STREET PURPOSES. The vote was unanimously in favor. SUBURBAN PUBLIC t-tEALTH NURSING SERVICE January 31, 1'978 SUBURBAN PUBLIC HEALTH NURSING SERVICE The Council determined to continue with service from the Suburban Public Health Nursing Service. JOHN DERUS - CHAIRMAN - BOARD OF tlENNEPIH COUNTY COMMISSIONERS Mr. John Derus, Chairman of the Hennepin County Board of Commissioners addressed the Council and public in aLLendance regarding various matters of concern to both county and municipal governments. A number of persons present posed questions and comments to Mr. Derus regarding various matters. ADJOURNHENT Fenstad moved and Swenson seconded a motion to adjourn to the next regular meeting on February 7, 1978 at 7:30 p.m. The vote was unanimously in favor, so adjourned. Mary H. Marske, City Clerk/Treasurer Leonard L. Kopp, City Manager REGULAR MEETING OF THE CITY COUNCIL February 7, 1978 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 5341Ma~;ood Road in said City on February 7, ].978 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 Peach, Assistant City Engineer Lyle Swanson and Acting City Clerk Marjorie Stutsman. PUBLIC HEARING - CONDITIONAL USE PERMIT - MULTIPLE DWELLING APARTb~ENTS Mayor Lovaasen read a letter received at 10 A.M. February 7, 1978 from Beach- side Development Corporation stating, "We respectfully withdraw our application for Beachside Development Corporation public hearing scheduled for Feb. 7, 1978. It is our opinion that we need more information to present and will need more time. We would like to re-present our project starting with the Planning Com- mission of Feb. 23, 1978." The Mayor then, because persons were present regarding the said permit appli- cation, afforded the persons an opportunity to express their views thereon. Persons present offering comments or questions included: Rock Lindlin, 2561 Lakewood Lane Jim Scruton, 5267 Bartlett Boulevard Sally Rutledge, 5300 Bartlett Boulevard David C. Anderson, 2541 Lakewood Lane John E. Wagman, 5469 Bartlett Boulevard Fenstad moved and Swenson seconded a motion RESOLUTION NO. 78-58 RESOLUTION DIRECT.i~:G THE MAYOR TO SEND A LETTER TO BEACHSIDE DEVELOPMENT CORPORATION CONCERNING THE AMOUNT OF STAFF TI~ THAT HAD TO BE SPENT ON THIS APPLICATION BECAUSE OF THE LACK OF INFOR- MATION The vote was unanimously'in favor. Polston moved and Withhart seconded a motion RESOLUTION NO. 78-59 RESOLUTION DIRECTING ATTORNEY AND STAFF TO INVESTIGATE ALTERNATIVES WITH POSSIBILITY OF MAKING SOME TYPE OF REZONING BASED ON DETER- MINING THE BEST AND HIGHEST USE OF THIS LAND The vote was unanimously in favor. SCOUT TROOP NO. 569 Mayor Lovaasen welcomed Scout Troop # 569 of Bethel Methodist Church and their three leaders to the Council meeting and commended them on their hard work in paper drives and on civic projects. PUBLIC HEARING - REZONING APPI.ICATION FOR PARR' OF LOT 54, WHIPPLE SHORES The Acting City Clerk presented an affidavit of publicatJ, on in the official news- paper of the notice of public hearing on said rezoning application for Part of Lot 54, Whipple Shores. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then opened the hearing for public imput on said rezoning. The fol- lowing persons had questions or commenhs: Ronald Gehring, 3215 Charles Lane Larry R. Olson, 3232 Warnc~ Lane Roy E. O'DonneI]., 3207 Charles Lane M~ike W~} r'['z, Applicant 17 Square footage of lots was questioned. Engineer noted that there are two surveys of this property showing different things. The Mayor then closed the public hearing. Withhart moved and Swenson seconded a motion to table this application for more information. The vote was unanimously in favor. Discussed. Polston moved and Fenstad seconded a motion to return item to the table. The vote was unanimously in favor. Fenstad moved and Polston seconded a motion RESOLUTION NO. 78-60 RESOLUTION DENYING REQUEST FOR REZONING OF PART OF LOT 54, WHIPPLE SHOI{ES Roll call vote was unanimously in favor of the denial. The Council requested Staff to prepare a check list of all pertinent information needed and directed that this information be obtain before any applications are considered by either the Planning Commission or Council. DELINQUENT UTILITY BILLS - COUNCIL MEMORANDUM NO. 78-36 The Mayor opened the public hearing on said delinquent utility bills and why they should not be turned off. Persons present were afforded the opportunity to express their views thereon and no one responded. The Mayor then closed the public hearing. Fenstad moved and Polston seconded a motion RESOLUTION 78-61 RESOLUTION AUTHORIZING THE TURNING OFF OF CERTAIN WATER SERVICES RE~.LAINING UNPAID The vote was unanimously in favor. PL~x~:NING COMMISSION RECOMMENDATIONS VARIANCE - Lot 38, Whipple Shores Swenson moved and Withhart seconded a motion RESOLUTION 78-62 RESOLUTION TO CONCUR WITH THE PLAN~ING COMMIS- SION AND GRANT A VARIANCE OF A NON-CONFORMING USE FOR EXPANDING THE DWELLING - Lot 38, Whipple Shores The vote was unanimously in favor. SUBDIVISION OF LAND - Lot 6, Block 11, Mound Terrace Swenson moved and Potston seconded a motion P~SOLUTION 78-63 RESOLUTION CONCURRING WITH THE PLANNING CO~K~IIS- SION AND GRANT DIVISION OF LAND AS REQUESTED Lot 6 Block 11 Mound Terrace The vote was unanimously in favor. ' ' SUBDIVISION OF LAND - Part of Lots 11 & 12, Koehler's 2nd Addition Polston moved and Swenson seco~ded a motion PESOLUTIOH NO. 78-64 RESOLUTION COi.!CURRING WITH THE PI~ANNING COMMIS- SION AND GRANT DIVISION OF LAND AS REQUESTED - Part of Lots 11 & 12, Koehler's 2nd Addition The vote was unanimously in favor. TAX FORFEIT LAND - Lot J3, Block 26, Wychwood Lovaasen moved and Poi. short seconded a motion to table th~s request to purchase lot for more J. nformat[on. The vote was unanimously in favor. 18 TAX FOPg.'EIT LAND - Lot 8, Block 2, Abraham Lincoln's Addition to Lakeside Park Swenson moved and Withhart seconded a motion RESOLUTION NO. 78-65 RESOLUTION AUTHORIZING THE RELEASE OF TAX FOR- FEIT LAND FOR PUBLIC SALE - Lot 8, Block 2, Abraham Lincoln's Addition to Lakeside Park The vote was unanimously in favor. PARKING VARIANCE Swenson moved and Polston seconded a motion RESOLUTION NO. 78-66 RESOLUTION TO CONCUR WITH THE PUBLIC WORKS DIRECTOR AND DENY REQUEST FOR VARIANCE OF THE WINTER PARKING ORDINANCE The vote was unanimously in favor. COY~.~NTS AND SUGGESTIONS BY CITIZENS PRESENT Steve Poindexter requested that the PDA Ordinance be taken from the table and considered for passage so the the proposed Planned Development Project can proceed and there is a need to know the lot size required. Discussed a possible time table - review subdivision amendment at next meeting. There were no other persons wishing to be heard. 5~TRO PLANNING GPJtNT Withhart moved and Swenson seconded a motion RESOLUTION 78-67 RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO ENTER INTO THE AGREE~NT WITH THE METRO COUNCIL RELATIVE TO METRO PLANNING GRANT The vote was unanimously in favor. WEST HENNEPIN HUMAN SERVICES PLANNING BOARD FUNDING Withhart moved and Fenstad seconded a motion RESOLUTION 78-68 RESOLUTION SUPPORTING THE FUNDING OF W~ST HENNEPIN HUMAN SERVICES PLANNING BOARD FUNDING BY HENNEPIN COUNTY BOARD The vote was unanimously in favor. FBI ACADEMY Fenstad moved and Swenson seconded a motion RESOLUTION 78-69 RESOLUTION APPROVING REQUEST OF POLICE CHIEF TO APPLY FOR ACCEPTANCE TO ATTEND THE F.B.I. NATIONAL ACADEMY FOR 11 K~EK T~AINING COURSE The vote was unanimously in favor. POLICE EQUIP[.~NT BIDS E~LERGENCY OXYGEN EQUIPMENT PJ~SOLUTION NO. 78-70 RESOLUTION ACCEPTING THE BIDS ON EMERGENCY OXYGEN EQUP~NT AND AWARDING THE BID TO THE LOW BIDDER, MEDICAL OXYGEN EQUIP~LENT COMPANY IN TfIE AMOUNT OF $].,686.00 The vote was unanimously in favor. 19 TRAFFIC RADAR EQUIPMENT Fenstad moved and Swenson seconded a motion RESOLUTION NO. 78-71 Note: RESOLUTION ACCEPTING THE BID OF KUSTOM SIGNAL COMPANY FOR 2 KRll TRAFFIC RADAR UNITS IN THE AMOUNT OF $5,070.00 This is the only manufacturer of this equipment wit]] the necessary features built into the unit. The vote was unanimously in favor. TRANSCRIBER AND PORTABLE RECORDERS Polston moved and Withhart seconded a motion that Police Department have this item rebid with the specifications that are required. in favor. BREATHALYZER AND SIMULATOR Fenstad moved and Swenson seconded a motion RESOLUTION NO. 78-72 The vote was unanimously RESOLUTION ACCEPTING THE BIDS AND ~ARDING THE BID TO THE LOW BIDDER, STRIKER GUNS, INC. IN THE AMOUNT OF $1,020.00 (Breathalyzer & Simulator) The vote was unanimously in favor. BLACK LAKE BRIDGE Fenstad moved and Polston seconded a motion RESOLUTION NO. 78-73 RESOLUTION ACCEPTING LAYOUT lA FOR COUNTY PROJECT 7586 (BLACK LAKE BRIDGE) AND APPROVE ACQUIRING ALL RIGHT-OF-WAY, PERMITS AND EASEMENTS REQUIRED. The vote was unanimously in favor. WYCHWOOD BRIDGE Withhart moved and Swenson seconded a motion RESOLUTION NO. 78-74 RESOLUTION APPROVING FINAL PLANS AND SPECIFICATrONS FOR COUNTY STATE AID HIGHWAY NO. 125 COUNTY PROJECT 7585 The vote was unanimously in favor. Swenson moved and Polston seconded a motion P~SOLUTION No. 78-75 RESOLUTION AUTHORIZING THE ~YOR AND MANAGER TO ENTER INTO CONSTRUCTION COOPEP~TIVE AGREEMENT WITH THE COUNTY FOR PROJECT 7585, STATE AID HIGHWAY NO. 125 The vote was unanimously in favor. DOCK INSPECTOR - PARK KEEPER COUNCIL MEMORANDUM 78-32 Swenson moved and Pols~on seconded a motion RESOLUTION NO. 78-76 RESOLUTION CONCURRING WITH TIlE PUBLIC WORKS DIRECTOR AND ESTABLISHING WAGE SCALE RATE FOR THE DOCK INSPECTOR The vote was unanimously in favor. LIQUOR CHECKS Swenson moved and Po]simon sccondc-~d a motion 20 RESOLUTION NO. 78-77 RESOLUTION AUTIIORIZING NSF CtfECKS FROM THE LIQUOR STOtLE IN THE AMOUNT OF $124.75 BE WRITTEN OFF ' The vote was unanimousl~ ill favor. ~/~j~ Fenstad moved and Lovaaoen seconded a motion that a letter be sent Liqu~ Store Manager from Mayor on behalf of the City Council co~aending him/for job well done. The vote was all in favor except Polston who voted nay. So carried. TUXEDO EASEMENT - COUNCIL MEMOt~NDUM 78-42 Swenson moved and Polston seconded a motion P~SOLUTION NO. 78-78 RESOLUTION AUTHORIZING PAYMENT FOR ~] EASEMENT FOR TUXEDO BOULEVARD CONSTRUCTION FOIl LOT 13, BLOCK 6, ARDEN IN THE kMOUNT OF $1,993.50 The vote was unanimously in favor. PAYMENT OF BILLS Swenson moved and Fenstad seconded a motion to approve payment of the bills as presented on the pre-list in the amount of $30,501.95 where funds are avail- able. Roll call vote was unanimously in favor; so carried. Discussed: I.MCD Firemen's Pension Bill Telephone Case Swenson moved and Polston seconded a motion to adjourn to the next regular meeting, February 14, 1978 at 7:30 P.M. The vote was unanimously in favor, so adjourned. Attest: Marjorie Stutsman, Acting City Clerk Leonard L. Kopp, City Manager CITY OF MOUND Mound, Minnesota February 13, 1978 COUNCIL MEMORANDUM NO. 78-54 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Bids - Sanitary Sewer Television Inspection Attached is the bid tabulation for the Sanitary Sewer Television Inspection. The Engineer will have a report at the Council Meeting - February 14th. - LeOnard L. Kopp ' / I Mound, Minnesota SANITARY SEWER TELEVISION INSPECTION February 13, 1978 Bid Tabulation Bid Planholder ~ Bond~ ..... AmoUnt~' Comments American Consulting Services x $7,774.50 .219 per lin 8800 Highway 7 foot St. Louis Park, MN 55426 Erwin Montgomery Construction x 8,484.50 .239 per lit 10883 - 89th Avenue North foot Osseo, Minnesota 55369 Midwest Underground Inspection x 10,074.00 .292 per lit Route 2, Box 221A Isanti, Minnesota 55040 Solidification, Incorporated x 7,561.50 .213 per lir~ .Box 27144 Minneapolis, Minnesota 55427 Viking Pipe Service x 7,100.00 .20 per line 3908 Sibley Memorial Hwy. Suite G St. Paul,'Minnesota 55122 Visu-Sewer Clean & Seal, Inc. x 14,912.00 .42 per lin~ N 59 W14601 Bobolink Avenue Menomonee Falls, WI 53051 W.G. Jaques Company No bid received 2183 NW 86th Street Des Moines, Iowa 50322 ~al f ft. ~al fl CITY OF MOUND Mound, Minnesota February 13, 1978 COUNCIL MEMORANEUM NO. 78-53 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Tax Forfeit Land Council Memorandum 78-27 discussed Lots 20-23, Block 26, Wychwood, and the request of the owner of Lot 11 to purchase Lot 23. The Council asked if Lots 20, 21 & 22 constitute a building site if Lot 23 and part of Lots 113 and 12 were divorced from Lots 20, 21'& 22, after the City took 30 feet for Brighton Boulevard. In checking the record, the owner of Lot 19 owns part of Lot 20; an area 45.1 feet by 14 feet. The calculations of square footage after taking out the 30 feet for street and the piece that goes with Lot 19, we found: Lot 20 has Lot 21 has Lot 22 has 3,051 square feet 3,487.4 square feet 3,712.4 square feet Total 10,250.8 square feet The owner of Lot 19 has asked to buy 14 feet along the west edge of Lot 20. This would amount to 14 X 63.65 or 891.1 square feet which would reduce the remainder of Lots 20, 21 and 22 to 9,359.7 square feet. However, enough of Lots 12 & 13 that go with Lots 20-23 could be retained with Lots 20, 21 & 22. If the southerly 15 or 20 feet of Lots 12 and part of 13 were added to 20, 21 & 22, then they would constitute a building site even if 14 feet were purchased for Lots 18 & 19. 20 feet off 13 & 12 would be approximately 15 feet off 13 & 12 would be approximately 1,300 sq. ft. 990 sq. ft. The problem before the Council is: "Should Lot 23 be sold separately from 12, 13, 20, 21 & 22, or should the sale be: (a) Part of 13 & 12 (b) 20, 21 & 22 (c) 20, 21, 22 & 23 (d) or as now listed - Part of 13, 12, 20, 21, 22 & 23 CITY OF MOUND Mound, Minnesota February 13, 1978 INFORMATION MEMORANDUM NO. 78-12 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager PDA Ordinance and Subdivision Ordinance On February 14th, the Council will consider the PDA Ordinance and the Sub- division Ordinance. The Subdivision Ordinance will indicate that 10% of the land or money in lieu thereof must be granted for park land. We have no trouble if 10% of the land is given. If a subdivision is 10 acres, they must give one acre. The problem comes when they give money in lieu of the 10%. What is the 10% cash to be based on~ assessed market value or some other figure. In the Case of P.D.A.'s, the Park Commission had recommended an amount per unit; possibly the same approach could be used for subdivisions. However, if a unit price is subscribed, I wonder if it should be set in the ordinance since the unit price should be subject to change with inflation or deflation. If the Council does adopt the unit price approach, the Council might wish the ordinance to say that the price can be established from time to time by Council resolution. Leonard L. Kopp P.O. Box 387, Wayzata, Minnesota 55391 February 10, 1978 NOTICE OF MEETING OF BOARD OF MANAGERS Thursday, February 16, 1978 7:30 P. M. Wayzata City Hall AGENDA ENCLOSED £/7 2. 3. 4. AGENDA Minnehaha Creek Watershed District February 16, 1978 Call to order; Present, Absent, Staff. Reading and approval of minutes of Regular Meeting, 1/19/78. Correspondence. Hearing of permit applications: A. 78-3. Lake Minnetonka Homes, Inc., Lake Setback Vari- ance, Enchanted Island, Lake Minnetonka - Shorewood. B. 78-4. James Lawrence, Grading/Drainage Plan for "Tanglewood" - Orono. 78-8. D. Skeldon, Lake Setback Variance, Lake Minne- tonka - Mound. 78-9. C. Van Eeckhout, Grading/Drainage Plan for Gleason Lake Addition - Plymouth. 78-10. Gridley Construction, Inc., Grading/Drainage Plan for Pelican Point on Lake Minnetonka - Mound. F. 78-11 through 17. Hennepin County Department of Environment & Energy, Lake Minnetonka, Lake Improve- ment Maintenance Projects for 1978. G. 78-18. Hennepin County Park Reserve District, Trail Construction in Lake Katrina Marsh - Medina/Orono. H. 78-19. MetropOlitan Waste Control Commission, Sanitary Sewer Construction at Tanager Lake Channel - Orono. I. 78-20. John and Martha Gabbert, Grading/Drainage Plan for Subdivision, Bell Property - Wayzata. J. 78-21. James D. Fenning, Grading/Drainage Plan, Resi- dential Property at County Road 61 and Hilloway Road - Minnetonka. Hearing of requests or petitions by public for action by the Watershed District. Hearing and discussion of matters of general public interest. Report of Treasurer, Engineer and Attorney: A. Treasurer's Report - Mr. Russell. B. Engineer's Report- Mr. Holmquist. 1. Meeting held 2/9/78 with State and Federal agencies regarding Methodist Hospital Park- ing Plan- St. Louis Park. 2. Plymouth boundary change for Watershed District. C. Attorney's Report- Mr. Macomber. Unfinished Business. A. EPA Grant Fund Report. B. St. Louis Park Floodplain Zoning. C. Mailing List Review. D. Insurance Program - Minnesota Association of Water- shed Districts. E. Permit Review and Coordination with Municipalities. F. Minnesota Association of Watershed Districts 1978 Dues. New Business. Adjournment. MINUTES OF REGULAR MEETING OF THE BOARD OF MANAGERS OF THE MINNEHAHA CREEK WATERSHED DISTRICT January 19, 1978 The meeting was called to order on January 19, 1978 by Chairman Cochran at 7:30 p.m. at the Wayzata City Hall, Wayzata, Minnesota. Managers present: Cochran, Lehman, Palmatier, Russell and Williams Also present were board advisors Holmquist and Macomber. Approval of Minutes The minutes of the regular meeting of December 15, 1977, were reviewed. Following discussion it was moved by Palmatier, seconded by Lehman, that the discussion under the heading "Cooper- ative Agreement Projects", on page 5, second full paragraph, be amended to reflect the fact that Manager Palmatier also attended the meeting of the Lake Minnetonka Conservation District and that, as so amended, the minutes be approved. Upon vote, the motion carried. i~ Nelson, Beachside Development Company, Multiple Dwellings, '~i.~//~ast Side of Lost Lake - Mound; ~Application No. 76-70. The engineer reviewed action taken by the Board of Man- agers on August 24, 1976 approving a concept development plan for townhouse construction and requiring submission of final design plans for grading and drainage prior to commencement of construc- tion. The engineer advised the managers that the present request was to extend the previously granted concept approval through 1978. The engineer further advised the managers that he had been ~ advised by the developer that final design grading and drainage plans would be submitted to the managers at the February, 1978 i!meeting.i Following discussion, it was moved by Cochran, seconded by Lehman, that the application be tabled with the understanding ii'that the managers would review the final grading and drainage %iiplans at the February meeting. Upon vote the motion carried. Page Two January 19, 1978 D. Owen, 320 South Ferndale Road, Shoreline Rip-Rap, Browns Bay of Lake Minnetonka - Wayzata; Application No. ~78-01~ ' The engineer reviewed the apPlication to install shore- line rip-rap and advised the managers that the application was in conformity with the requirements of the District and recom- mended approval. Following discussion, it was moved by Lehman, seconded by Palmatier, %hat the application be approved as recommended by the engineer. Upon vote, the motion carried. B. Ahr, Avocet Lane, Shoreline Rip-Rap and Setback Variance, i ~i~ Jennings Bay of LakeI Minnetonka - Mound; Application No. 78-02 The engineer advised the managers that the application had not been reviewed by the City of Mound with respect to the requested setback variance and that the managers, therefore, had no information as to whether or not the requested setback was in conformity with the municipal standards In the absence of · a/c~ion by the city, the managers tabled the application. / t/Lake Minnetonka Homes, Inc., Lake Setback Variance, Enchanted Island, Lake Minnetonka - Shorewood; Application No. 78-03 The engineer advised the managers that the application has been temporarily withdrawn. J. Lawrence, "Tanglewood", Grading and Drainage Plan - Orono; Application No. 78-04 The engineer advised the managers that the application has been temporarily withdrawn. N. Ruehl, Polynesian Restaurant on Lake Minnetonka, Grading and Drainage Plan - Excelsior; Application No. 78-05 The engineer reviewed the application for grading and drainage plan approval and advised the managers regarding the critical location of this property at the lower end of the Galpin Lake drainage system. Following extensive discussion, it was moved by Palmatier, seconded by Lehman, that the appli- cation be approved subject to the following conditions: (1) that the applicant grant a permanent easement for drainage purposes to the City of Excelsior for all facilities on the owner's property that form a part of the Galpin Lake drainage system; (2) the applicant, on completion of the storm sewer system, shall clean out the entire system, including the cul- .vert under the public road, prior to turning over the system to the City; and (3) that the applicant furnish evidence of an agreement that the City of Excelsior will assume respons- ibility for maintenance of the storm drain system. Upon vote, the motion carried. Page Three January 19, 1978 G. Morrill, Outlot at Division Street and Third Avenue, Wild- life Pondinq - Excelsior; Application No. 78-06 The engineer reviewed the application of Gordon Morrill to construct wildlife ponding on Outlot A, Spruce Terrace 2nd Addition. Mr. Morrill appeared before the managers and explained the nature of his application. The engineer recommended approval of the application subject to a requirement that the outlot be retained as permanent wetlands for storm water collection. Fol- lowing discussion, it was movod by Lehman, seconded by Palmatier, that the application be approved subject to the condition that the applicant reach an agreement with the City of Excelsior that will permanently retain Outlot A as a storm water collection basin and declaring it unbuildable, and that 'all work be done in conformity with municipal and DNR requirements concerning work in the wetlands. Upon vote, the motion carried. School District No. 278, Wildlife Ponding in Wetlands East of Lake Classen - Orono; Application No. 78-07 The engineer advised the managers that the application has been withdrawn. Plymouth Request for Boundary Adjustment Sherman Goldberg, city engineer, City of Plymouth, appeared before the managers to review the request of the City of Plymouth to adjust a portion of the District's boun- dary which now bisects the plat of Shiloh 2nd Addition. The city engineer advised the managers that the drainage from the plat of Shiloh 2nd Addition is into the Minnehaha Creek Water- shed District. Following discussion, Manager Lehman offered the. following resolution and moved its adoption, seconded by~ Williams: WHEREAS, the boundaries of the Minnehaha Creek Watershed District were established by order of the Minnesota Water Resources Board dated March 9, 1967, pursuant to Minn. Stat. Ch. 112; and WHEREAS, certain property located within the City of Plymouth in Section 20,. Township 118, Range 22, originally outside of the district boundary now drains into the watershed of Minnehaha Creek, said property platted as Shiloh 2nd Addition, Hennepin County, Minne- sota; and WHEREAS, the existing boundary line now bisects certain platted lots within the plat of Shiloh 2nd Addition; and Page Four January 19, 1978 WHEREAS, the City of Plymouth has requested the Minnehaha Creek Watershed District to take such steps as are necessary to amend the boundary of the district to reflect actual drainage conditions in Shiloh 2nd Addition. NOW, THEREFORE, BE IT RESOLVED: 1. That it appears that the entire plat of Shiloh 2nd Addition, City of Plymouth, in Section 20, Township 118, Range 22, drains into the watershed of Minnehaha Creek. 2. That the existing district boundary bisects certain lots within the plat of Shiloh 2nd Addition. 3. That the City of Plymouth has request- ed the district to adjust the district boundary to include the plat of Shiloh 2nd Addition. 4. That the engineer and attorney are hereby authorized and directed to prepare a petition to the Minnesota Water Resources Board pursuant to Minn. Stat. ~112.39 requesting an amendment of the boundary of the Minnehaha Creek Watershed District so as to include the plat of Shiloh 2nd Addi- tion, City of Plymouth, Section 20, Town- ship 118, Range 22. The question was on the adoption of the resolution and there were 5 yeas and 0 nays as follows: COCHRAN AYE LEHMAN AYE PAL~LATIER AYE RUSSELL AYE WILLIAMS AYE The chairman declared the resolution adopted. Metropolitan Council Overall Plan Guidelines The engineer reviewed recently received Metropolitan Council Overall Plan guidelines. The managers directed that copies of the guidelines be distributed to all managers for review and comment. 4// Page Five January 19, 1978 Treasurer's Report The treasurer distributed his monthly Administrative Fund Report dated January 19, 1978, a copy of which is attached. Following discussion, it was moved by Palmatier, seconded by Lehman, that the report be approved and bills paid as shown in the report. The managers directed the treasurer to request the accountant to add a column on page 2 of 5 of the Adminis- trative Fund Report to reflect the breakdown by account number of the current month's bills proposed to be paid and that the revenue column reflect actual cash tax settlements to date rather than a prorated budget amount. The treasurer then distributed his monthly EPA Grant Fund report dated January 31, 1978, a copy of which is attached hereto. Following discussion, it was moved by Palmatier, seconded by Lehman, that the report be approved and the bills paid as set forth in that report. Upon vote the motion carried. Cooperative Agreement Projects The engineer noted for the record that a meeting had been held in the offices of the Department of Natural Resources regarding the upcoming hearing on the Creek Improvement Projects. This meeting was attended by the engineer, the attorney, Presi- dent Cochran, and representatives of the Department of Natural Resources. The engineer then reviewed the status of preparation for the hearing to be held February 8, 1978. The attorney noted that the amended preliminary engineering report, approved by the managers on December 15, 1977, was mailed to all petitioning municipalities, all other municipalities in the District, and other interested persons. The attorney ~urther advised the managers that the preliminary engineering report had been submitted to the Department of Natural Resources and the Water Resources Board for their reports pursuant to statute. The attorney also advised the managers that the notice of hearing had been mailed to all municipalities within the District, with copies to other interested persons, and that the notice of hearing had been sent to the Sun newspapers for publication, all pursuant to statute. Shoreland Classifications The attorney reported that correspondence had been received from the Department of Natural Resources indicating preliminary, shoreland classifications for all public waters within the District. The attorney noted that the present classifications are preliminary and subject to change after review by each municipality and after consultation with the Department of Natural Resources. Page Six January 19, 19 78 EPA Grant Fund Report The managers deferred consideration of this matter until the next regular meeting. St. Louis Park Floodplain Zoning The managers deferred consideration of this matter until the next regular meeting. Mailing List Review The managers deferred consideration of this matter until the next regular meeting. insUrance Program, Minnesota AssoCiation of Watershed Districts The managers deferred consideration of this matter until the next regular meeting. Permit Review and Coordination with Municipalities The managers deferred consideration of this matter until the next regular meeting. Adjournment There being no further business to come before the meeting, Chairman Cochran declared the'meeting adjourned at 10:35 p.m. Respectfully submitted, Dale Palmatier, Secretary 1 ~E~ Minneapolis Trtbuns Sun., Feb. 12, 1978 Continental Telephone. asks rate equalizing Associated Press St. Cloud, Minn. Continental Telephone of Minneso- ta is seeking a rate change that could mean a drop of 43 percent in the monthly phone bills of its rural -customers, if the state Public Ser- vice Commission approves. . Contineotal's ~'city customers, on i the other hand, codld see their i rates go up, by a smaller amount. ;President Charles Rexroat said the ',company is asking the PSC to drop ,rural customer rates and raise the ',rates of city customers. He said the ,company wiil file ~ts request with ',the PSC by Wednesday. ,The change would allow Continen- tal to continue receiving loans from the Rural Electrification Ad- ministration, which requires rural and city customers receiving the same service to pay the same rates. The Wahk0n area, which includes many retired people living on · fixed incomes, 'will have its rates reduced from $16.50 to. $9.50 a month. If the change is approved by the PSC, it will affect one-party resi- dential rates in this manner: Clear Lake, now $9.70 urban and $15.15 rural, will go to $11.85 a month for urban and rural; Clear. water, now $9.45 urban and $I4.75 · rural, will pay $11.20. for both; Elrosa, now $8.15 urban and $13.35 rural, will pay $8.50; Isie, now $8.95 urban and $14.40 rural, Will pay $10.35; Milsca, now $8.25 urban and $13.83 rural will pay $10.30; Onamia Pease, now $10.15 urban and $15.35 rural will pay $9.20; Wahkon, now $11.30 urban and $16.50 rural, will pay $9.50. Onamia, with multiparty lines in' rural areas, would see the one- arty urban rate go from $8.45 to 9.90 and rural rate from $10. I0 to $8.40. In Belgrade, one-party ur- ban will go from $6.80 to $7.85 and rural multiparty from $6 to $5.75.