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1988-09-27CITY OF MOUND MOUND, MINNESOTA i~ (~ E N D i% MOUND CITY COUNCIL REGULAR MEETING 7:30 P.M., TUESDAY, SEPTEMBER 27t 1988 COUNCIL CHAMBERS 1. Pledge of Allegiance. Approve Minutes of September 20~ 1988, Regular Meeting. (To be handed out at meeting.) PUBLIC HEARING: Delinquent Utility Bills. Pg. 2225 CONTINUED PUBLIC HEARING: Drummond Road Storm S%'%~t Sewer and Street Improvement Assessment. Pg. 2226-2233 (Material to be handed out Tuesday evening.) 5. PUBLIC HEARINGS: A. 1988 CBD Parking Maintenance Assessment. Pg. 2234-2239 B. 1988 Unpaid Tree Removal Assessment. Pg. 2240-2241 1988 Delinquent Water & Sewer Bills Assessment. Pg. 2242-2243 D. 1988 Unpaid Mowing Assessment. Pg. 2244-2245 E. 1988 Unpaid Weed Removal Assessment. Pg. 2246-2247 6. SUPPLEMENTAL ASSESSMENTS: Resolution Levying Deferred & Supplemental Assessments Upon Waiver of Formalities; Directing Preparation of Abstract; & Directing Certification to the County Auditor, Levy #11164 - $3,656.30 Pg. 2248-2249 Be' Resolution Levying Deferred & Supplemental Assessments Upon Waiver of Formalities; Directing Preparation of Abstract; & Directing Certification to the County Auditor, Levy #11165 - $3,536.90 Resolution Levying Deferred & Supplemental Assessments Upon Waiver of Formalities; Directing Preparation of Abstract; & Di?ecting Certification to the County Auditor, Levy #11166 - $292.00 Pg. 2250-2251 Pg. 2252-2253 Page 2222 10. 11. 12. 13. 14. 15. 16. 17. CASE ~88-725: Bethel Methodist Church, 2116 Commerce Blvd., Lot 10 & Part of 32, Block 12, Lakeside Park Crocker's 1st Addition, PID %23-117-24 32 O128. Request: Sign Variance. Pg. 2254-2262 CASE ~88-726: G.H. (Fritz) Widmer, Lot 26, Lafayette Park Lake Minnetonka, PID #13-117-24 22 0016. Request: Minor Subdivision. Pg. 2263-2268 CASE #88-728: Joel Dokken & Ralph Reeves - Contract.:~~ Holder, Donald Knoblock - Fee Owner, 5042 Avon Drive, Lots 8,9,10,11,12, Block 4, Shirley Hills Unit B, PID # 24-117-24 12 0018. Request: Minor Subdivision. Pg. 2269-2271 CASE ~88-729: Gary Heines, Corner of Cty. Rd. 110 & Dickens Lane, Lots 1 & 2, Block 13, The Highlands, PID #23-117-31 0050/ 0051. Request: Minor Subdivision. Pg. 2272-2276 LMCD Update - Tom Reese, City of Mound Representative - Gene Strommen, LMCD Executive Director. Appointment of Representative to LMCD. Pg. 2277 Request from James Musech, Attorney for ARCO Century/Vic Cossette re: Release of Reversionary Interest. Pg. 2278-2283 Comments & Suggestions from Citizens Present. CONTINUED DISCUSSION: 5440 Lynwood Blvd./Parking for Employees. Pg. 2284 Request from Susan Morrisey, 2108 Belmont Lane Pg. 2285-2290 Resolutions Cancelling Levies: A. G.O. Bonds of 1976 - $1,975.83 Pg. 2291 B. G.O. Bonds of 1978 - $15,957.00 Pg. 2292 C. G.O. Bonds of 1979 - $18,396.00 Pg. 2293 D. G.O. Bonds of 1980 - $4,958.00 Pg. 2294 E. G.O. Bonds of 1982 - $15,800.00 Pg. 2295 Page 2223 18. 19. 20. 21. 22. Fe Fire Equipment Certificates of 1984 - Pg. 2296 G. Water Revenue Bonds of 1976 - $19,758.37 Pg. 2297 Presentation of Proposed 1989 City of Mound Budget. (Please bring Proposed Budget to Meeting). Pg. 2298-2305 An Ordinance Amending Chapter 17-A of the City Code Relating to Cable Communication Franchise Ordinance. Pg. 2306-2307 Reschedule Budget Hearing (Suggested Date - Monday, October 3, 1988, 6:30 P.M.). Payment of Bills. Pg. 2309-2323 INFORMATION/MISCELLANEOUS ae Lake Level, Flow & Precipitation Summary for August 1988 as Prepared by Minnehaha Creek Watershed District. Pg. 2324-2326 Bo Notice from Metropolitan Council on Regional breakfast meeting to be held, Tuesday, October 18, 1988, at Hopkins House, 7:30 A.M. to 9:00 A.M. Please let Fran know if you want to attend by October 13, 1988. Pg. 2327 Page 2224 133 September 20, 1988 MINUTES - MOUND CITY COUNCIL - SEPTEMBER 20, 1988 The City Council of Mound, Mennepin County, Minnesota, met in regular session on Tuesday, September 20, 1988, at 7:30 P.M., in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Steve Smith, Councilmembers Liz Jen- sen, Phyllis Jessen, and Skip Johnson. Councilmember Abel ar- rived at 7:45 P.M. Also present were: City Manager Edward J. Shukle, Jr, City Clerk Fran Clark, City Attorney Curt Pearson, city Engineer John Cameron, City Planner Mark Koegler, Building Official Jan Bertrand, Street Superintendent Geno Hoff, Sewer & Water Superintendent Greg Skinner, Police Chief Len Harrell and Finance Director John Norman and the following interested citizens: Neil & Suzanne Anderson, Phil Arones, Lon Johnson, Harley Jordan, Paul Bennyhoff, Andrea Ahrens, Mike Barlow, Bettie Ketchum, Gladys Larson, Larry Andersen, Phil & Eva Hasch, Geoff Michael, Darryl & Tina Frederickson, Mark & Deborah McCurdy, Curt & Marge Olson, Don Kohls, Jerry Kohls, Jim Bedell, Wesley Oak, Roy & Jean Westergaard, Doug Selle, Rick Lindlan, A1 Strand, Sharon Tauber, Harold Meeker, Art Ridgway, Gordon Swenson, Barb Weber, Pat Aspinwall McGill, Charles & Laura Smith, Gail Rager, Joyce Gunion, Barry Reoh. The Mayor opened the meeting and w$1comed the people in atten- dance. The Pledge of Allegiance was recited. LYNN NELSON DAY The Mayor stated that Francis Babcock, former coach at Mound Wes- tonka High School, has informed him that Lynn Nelson, a former student and resident of Mound is at the Olympics in Seoul, South Korea and will be competing in the 10,000 meter event. He sug- gested the City do something special for Lynn. The Mayor read the resolution that was prepared for this occasion. Smith moved and Jessen seconded the following resolution: RESOLUTION #88-126 RESOLUTION DECLARING SEPTEMBER 25, 1988, LYNN NELSON DAY IN MOUND, MINNESOTA The vote was unanimously in favor. Motion carried. The Council asked that the resolution be wired to Lynn in Seoul. MINUTES. MOTION made by Johnson, seconded by Jensen to approve the minutes of the August 23, 1988, Regular Meeting, as sub- mitted. The vote was unanimously in favor. Motion carried. 134 September 20, 1988 The Mayor suggested moving to number 20 on the agenda, because there were a number of people present for that item. Councilmem- ber Jessen suggested that there were also a number of people present for the public hearings and that the Agenda should be followed. The Council moved on to the first public hearing. CONTINUED PUBLIC HEARING: CASE ~88-720 & 88~721, APPLICANT= TONKA AL~NO SOCIETY, INC., OWNER OF PROPERTY: ROGER RAGER & JOYCE GUNION, 5098 THREE POINTS BLVD., LOTS 8, 9, 12, 13t 14, 15, BLOCK 2, DREAMWOOD, PID ~13-117-24 12 0018/0017/0020/0021/0022, REQUEST: ZONING ~MENDMENT AND CONDITIONAL USE PERMIT The city Planner stated that the Planning Commission has reviewed the directive issued by the City Council regarding this matter and came uP with three alternatives: Add a new use to the conditional uses in the B-3 zone which would accommodate Tonka Alano. The use is listed as "institutional and non-profit corporations of a religious, health, educational, eleemosynary or philanthropic nature." Define a new set of low intensity commercial uses for the existing B-3 zones. '3. Modify the existing B-3 zone and create a new B-4 zone which would include some of the existing B-3 designated areas. The Planning Commission decided on a two stage approach. First, they recommend the immediate implementation of alternative #1 which modifies the provisions of the B-3 zone to include Tonka Alano type uses as conditional uses. They then recommend com- mencing further review of alternative #3 which establishes a new B-4 zone with the exact uses and purposes of both the B-3 and B-4 zones to be determined during the review and public hearing process. The Mayor reopened the public hearing. Ann Eberhardt, 1708 Dove Lane, expressed concern about how this rezoning would affect the area in the future. Gladys Larson, 1664 Eagle. Lane, asked if there was any chance that the parking lot would ever be zoned commercial. At present it is zoned R-2. The Council assured her that the neighbors would be notified if there was a proposal to rezone. The Mayor closed the public hearing. Councilmember Abel arrived at 7:45 P.M. 135 September 20, 1988 Johnson moved and Jessen seconded the following: ORDINANCE #14-1988 AN 0RDINAN~E AMENDING SECTION 23.635.3 OF THE MOUND CODE OF ORDINANCES TO ALLOW INSTITUTIONS /%ND NON-PROFIT CORPORATIONS OF A RELIGIOUS, HEALTH, EDUCATIONAL, ELEEMOSYNARY OR PHILANTHROPIC NATURE BY CONDITIONAL USE PERMIT IN THE B-3 ZONING DISTRICT The vote was unanimously in favor. Motion carried. The City Planner reviewed the conditions the Planning Commission recommended for approval of the Conditional Use Permit. They were as follows: Use of the facility and the scheduling of programming shall be accomplished in such a manner that all parking is accommodated by on-site, off street parking. The Tonka Alano Society shall prepare a landscaping plan for the overall facility specifically identifying clean-up and proposed improvements to the slope areas immediately north of the building and immediately north of the parking lot. The plan, which shall be due within 60 days of the date of City Council approval of this permit, shall be approved by the City Planner and implemented by September 20, 1989. Debris including but not limited to the truck, snow- mobile, dock and miscellaneous items shall be removed from the site immediately. 4. Ail signage shall conform to the Mound Sign Ordinance. Se Ail building and site improvements shall receive proper local, county and state permits as' applicable. 6. Fencing around the existing dumpster shall be repaired. If the deck area is used for meetings or other ac- tivities, use shall occur only between the hours of 8:00 A.M. to 10:00 P.M. Tonka Alano shall combine the lots under one tax parcel with the R-2 zoned lots (Lots 8, 9, 14 & 15) to be used for member parking. This Conditional Use Permit is granted for the follow- ing legally described property: Lot 8, Block 2, Dreamwood, PID #13-117-24 12 0017 Lot 9, Block 2, Dreamwood, PID #13-117-24 12 0018 136 September 20, 1988 Lots 12 & 13, Block 2, Dreamwood, PID #13-117-24 12 0020 Lot 14, Block 2, Dreamwood~ PID %13-117-24 12 0021 Lot 15, Block 2, Dreamwood, PID #13-117-24 12 0022 This Conditional Use Permit shall be recorded with the county recorder or the registrar of titles in Hennepin County pursuant to Minnesota Statute Section 462.3595, Subdivision 4. 10. This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility for filing this resolution with Hennepin County and paying all costs for such recording. Smith moved and Abel seconded the following resolution: RESOLUTION #88-127 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR OPERATION OF AN INSTITUTION AND NON-PROFIT CORPORATION OF A RELIGIOUS, HEALTH, EDUCATIONAL, ELEEMOSYNARY OR PHILANTHROPIC NATURE AT 5098 THREE ~OINTS BLVD., PID %13-117-24 12 0017/0018/0020/0021/0022, P & Z CASE %88-721 The vote was unanimously in favor. Motion carried. The Mayor then asked that the Council move to item #20 on the Agenda. The Council agreed. DISCUSSION: 5440 LYNWOOD BLVD. (RESOLUTION SUBMITTED BY COUNCI'L- MEMBER LIZ JENSEN.) Councilmember Jensen .reviewed her draft resolution on page 2140 of the Council packet and stated she does not wish to use the property east of the Public Works facility for material storage. The Council agreed. There was Council discussion on Resolution #88-59, which granted the setback, driveway width and parking variances; the Planning Commission's recommendations to deny the parking variance and also that the City Council look into acquiring contiguous property when it became available; the Zoning Ordinance requiring all businesses to provide off-street, parking for their employees; looking into other parking options, such as the Balboa property across the street or the Bill Clark Oil property. Paul Bennyhoff, 2217 Basswood Lane, presented a petition over 1800 signatures which read as follows: 137 September 20, 1988 "The Mound City Staff proposes acquiring the four (4) homes along Lynwood Boulevard, east of the Public Works Facility, tearing them down, and using that site for material storage (sandpiles, etc.) One of the homes has been purchased for $70,000. The proposal is: 2. 3. 4. Too costly; Removing homes will be a loss to the city's tax base; The proposal is an intrusion into a residential area; Property values of surrounding homes would be harmed. We oppose the proposal and urge the Mound City Council place the one house already acquired for sale." MOTION made by Johnson, seconded by Abel to table this mat- ter at this time and research other options for employee parking such as the Balboa property or the Bill Clark Oil property and discuss this again at the September 27, 1988, Council Meeting. The vote was unanimously in favor. Motion carried. CONTINUED PUBLIC HEARING: CASE ~88-723: WILLIAM NICCUM, 4841 BARLETT BLVD. t PART OF GOVERNMENT LOT 8t PID ~13-117-24 44 0001/0002/0010t CONDITIONAL USE PERMIT FOR WETLANDS ALTERATION The City Attorney reportedthat he has reviewed the case of Welsh vs. the City of Orono that Mr. Niccum's attorney submitted and he agrees that the City of Mound is limited in what it can do since the DNR issued a permit to Mr. Niccum to dredge in public waters. Therefore, no action is necessary. On the subject of docks, the City does not have an ordinance regulating private docks and therefore has no control. The Mayor opened the Public hearing. The Mayor closed the public hearing. There were no comments. The Council asked that in the future when the DNR notifies the City of an application to dredge that it be brought before the Park Commission or the Council for their comments. PUBLIC HEARING: PROPOSED VACATION OF DRUMMOND ROAD FROM AM- HURST LANE TO DEVON LANE The Building Official explained the,applicant originally applied for a variance to construct a deck 3 feet from the south property line. The Planning Commission recommended that the applicant apply for a street vacation for a portion of unimproved Drummond Road that abuts his property. The City Engineer explained that because of previous problems concerning the use of this unimproved right-of-way and storm water drainage the City ordered an improvement project (storm 138 September 20, 1988 sewer and minor street improvement) over the west portion of Drummond Road. The Street Department and the City Engineer recommend the following: The area to be vacated should be that part of Drummond Road right-of-way lying between the southerly extension of the east line of Lot 20, Block 11, Devon and a line drawn parallel with and distant 100 feet west from said east line of Lot 20, except the city shall retain a permanent utility easement over the north 15 feet of the previously described property. The City will be responsible for maintaining that por- tion of Drummond Road right-of-way which is proposed to be improved with bituminous surfacing. The remaining portion shall be left in its present con- dition and shall not be maintained by City forces. The Mayor opened the public hearing. Janet Nelson, 4828 Island View Drive, does not want the unimproved part of the road %sed as a driveway for the Jerecyzeks. She would like it barricaded off where the bituminous surface ends and vacated all the way up so that it is not used. Resident at 4818 Island View Drive, was in favor of vacating the remainder of Drummond Road. Luther Hoese, 4836 Island View Drive, spoke against the storm sewer assessment and agreed that a barricade should be installed. Paul Jerecyzek, 3225 Devon Lane, the applicant for the vaca- tion spoke against a barricade and stated he would be will- ing to pay a reasonable price to have the remainder paved. The Mayor closed the public hearing. The City Engineer explained that the problem with vacating the remainder of Drummond Road is that there are four lotS (2 that belong to the City) that may some day need access to be improved. There is no sanitary sewer to these lots at this time. Jessen moved and Johnson seconded the following resolution: RESOLUTION #88-128 RESOLUTION VACATING CERTAIN STREET EASE- MENTS OVER PART OF DRUMMOND ROAD AND RETAINING FOR THE CITY A UTILITY EASE- MENT The vote was unanimously in favor. Motion carried. 139 September 20, 1988 The Council and the residents continued to discuss the pros and cons of paving ws. not paving the remainder of Drummond Road. The Council then asked the City Engineer to explore options of what can be done with the rest of the right-of-way from the bituminous surface to the portion that was vacated and the costs that could be involved. The residents were encouraged to try to work together to solve the problem. This will be discussed again at the September 27th meeting. PUBLIC HEARING: DRUMMOND RO~D STORM SE~ER AND STREET IMPROVE- MENT ASSESSMENT The City Engineer explained the background and gave the costs for the assessment. The City Attorney explained the assessment pro- cedures according to Chapter 429 of the State Statutes. The Mayor opened the public hearing. Luther Hoese, 4836 Island View Drive, submitted a letter of objection to the assessment. The Mayor closed the public hearing. The City Attorney suggested that the Council adopt the assessment rOll as proposed with the exception of Mr. Hoese's parcel (PID #25-117-24 11 0028). He further suggested that the Council ad- journ this for one week which would give Mr. Hoese time to present evidence as to why his property is not benefited by the improvement. This one week will also give the City Engineer and Staff time to prepare historical background and a resolution with findings of fact. Johnson moved and Jessen seconded the following resolution: RESOLUTION %88-129 RESOLUTION ADOPTING THE DRUMMOND ROAD STORM SEWER AND STREET IMPROVEMENT ASSESSMENT ROLL AS SUBMITTED WITH THE EXCEPTION OF LOTS 8 & 9t BLOCK 12, DEVON (PID %25-117-24 11 0028) TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST - LEVY %11158 The vote was unanimously in favor. Motion carried. The Council adjourned this item to the September 27th meeting in order to obtain the items suggested by the City Attorney. PUBLIC HEARING: COUNTY ROAD 15 STREET IMPROVEMENT ASSESSMENTS The City Engineer explained the background and gave the costs for the assessment. He stated the costs are below what was originally estimated: 140 September 20, 1988 Curb & Gutter Cost Per Front Foot - was originally $5.04/L.F. and is now $4.67/L.F. Concrete Driveway Aprons Cost Per Square Yard - was originally $18.92/S.Y. and is now $13.74/S.Y. Concrete Sidewalk Cost Per Square Foot - was originally $.71/S.F. 'and is now $.70/S.F. Storm Sewer Cost Per Square Foot - was originally $.075/S.F. and is now $.045/S.F. The Mayor opened the public hearing. Jim Bedell, owner of property at 4801 Shoreline Blvd., voiced his objection to the assessment for sidewalk and storm sewer. The Mayor closed the public hearing. Abel moved and Johnson seconded the following resolution: RESOLUTION #88-~30 RESOLUTION 'ADOPTING THE COUNTY ROAD ~5 STREET IMPROVEMENT ASSESSMENT ROLL TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST - LEVY #11156 - $136~085.34 The vote was unanimously in favor. Motion carried. PUBLIC HEARING: COUNTY ROAD 15 STREET LIGHT IMPROVEMENT ASSESSMENTS The city Engineer explained the background and gave the costs for the assessment. He stated the costs are below what was originally estimated: Residential use - was originally $9.72/L.F. and is now $6.25/L.F. Commercial or Other Use - was $14.50/L.F. and is now $9.38/L. F. The Mayor opened the public hearing. Jim Bedell asked how far west of the bridge the first light is going to be placed. The Engineer stated he thought im- mediately after the bridge. The Mayor closed the public hearing. Jessen moved and Johnson seconded the following resolution: 141 September 20. 1988 RESOLUTION %88-131 REBOLUTION AD~DPTING THE COU1TTY ROAD 15 STI~EET LIGHT ZHPROVEI~E1TT ~BBE881~ENT ROLL TO BE CERTIFIED TO THE COUNTY ~UDITOR ~T 8% INTEREST - LEVY %11157 - $85,654.63 The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There was no response. REQUEST TO BE HEARD FROM BRETT HAAGE, 2666 WESTEDGE BLVD. RE: HOMESTEAD CREDIT PROCESSING Mr. Haage was present and stated that he was told when he applied for Homestead Credit on August 11, 1988, that processing for 1989 ended June 1, 1988. He asked the Council to change their policy in the handling of his credit. The City Manager reviewed his memo that stated that the state statute states that the date of the legal document, or in this case July 28, 1988, must be used in $iling the homestead credit. No action was taken on this matter. REQUEST TO BE HEARD FROM MIKE MAL~SKE, 6557 BARTLETT BLVD. The City Manager explained that Mr. Malaske was not prepared at this time to appear. This item will he handled at a future meet- ing. APPROVAL OF PAYMENT REQUEST ~4, PUBLIC WORKS FACILITY IN THE AMOUNT OF $145,044.10 MOTION made by Abel, seconded by Johnson to approve Payment Request.%4 from Loeffel-Engstrand for work completed through August 31, 1988, on the Public Works Facility, in the amount of $145'044.10. The vote was unanimously in favor. Motion carried. APPROVAL OF CHANGE ORDER #5, PUBLIC WORKS FACILITY The city Engineer distributed the material relating to Change Or- der #5 which is as follows: ITEM NO. 1 Delete receptacles Rooms #112 & 114 Deduct ( 406.00) ITEM NO. 2 Add Sign Machine Circuit in Room 113 Add 483.00 142 September 20, 1988 ITEM NO. 3 Add light fixture and switch/receptacle to Room 123 Add 294.00 ITEM NO. 4 Remove two K9 fixtures at the lower cost Deduct ( 310.00) ITEM NO. 5 Install two welder outlets in Room 117 Add 956.00 ITEM NO. 6 Seal interior of salt/sand storage retaining walls Add 400.00 ITEM NO. 7 Delete sealing.exterior of precast concrete wall panels Deduct ( 2,400.00) ITEM ~0. 8 Install underground conduit for existing lift Add 161.00 ITEM NO. 9 Caulk between sidewalk and precast wall panels Add 228.00 ITEM NO. 10 Add gate at corner of property Add 500.00 ITEM NO. 11 Sod between building and fence on north and east Add 523.00 TOTAL CHANGE ORDER NO. 5 Add 429.00 Original Contract Amount Change Order No. 1 Change Order NO. 2 Change Order No. 3 Change Order No. 4 Change Order No. 5 Revised Contract Amount 679,000.00 14,700.00 3,142.00 725.00 1,011.00 429.00 $ 699,007.00 Abel moved and Jessen seconded the following resolution: RESOLUTION #88-132 RESOLUTION TO ~PPROVE CHANGE ORDER #5 - PUBLIC WORKS F~CILITY IN THE AMOUNT OF $429.00 The vote was unanimously in favor. Motion carried. 143 September 20, 1988 EXTENSION OF CONTRACT - PUBLIC WORKS FACILITY The City Engineer explained that the contract completion date for the Public Works Facility is Septem~,er 28, 1988. The contractor has asked that he be given an extension to October 14, 1988, be- cause of some circumstances beyond his control. The City En- gineer recommended approval of the extension of time. MOTION made by Jessen, seconded by Abel to grant an exten- sion of time in the contract for the Public Works Facility until October 14, 1988. The vote was unanimously in favor. Motion carried. REQUEST FOR MAINTENANCE PERMIT ON COMMONS - STUDER/SMITH, 4849 ISLAND VIEW DRIVE Mr. Studer and Mr. Smith were present and explained that they feel the walkway provided protection when walking from the stair- way to the dock. The City Manager explained that the Park Commission recommended denial of the maintenance permit application and removal of the existing walkway and deck from the Commons. MOTION'made by Johnson, seconded by Jessen to deny a request for a maintenance permit on Commons at 4849 Island View Drive and recommend that the applicants look into having a stairway installed with the proper permits from the City. The vote was unanimously in favor. Motion carried. APPOINTMENT OF REPRESENTATIVE TO L.M.C.D. BOARD The city Manager reported that Mr. Reese was not able to attend tonight's meeting. He has asked to be reappointed. The Council decided to carry this matter over to the September 27th Meeting. No action was taken. EXTENSION OF RESOLUTION ~88-36 The City Clerk explained that the applicant's attorney has asked that this resolution be extended for an additional 180 days so that it can be filed after the closing on the property. Johnson moved and Abel seconded the following resolution: RESOLUTION #88-133 RESOLUTION TO APPROVE AN EXTENSION OF RESOLUTION #88-36 ENTITLED, "RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A WAIVER OF SUBDIVISION REQUIREMENTS PURSUANT TO SECTION 330:185 OF THE MOUND CODE OF OR- DINANCES FOR METES AND BOUNDS DESCRIP- TION, LOTS 38 & 39, KOEHLER'S ADDITION 144 September 20, 1988 TO MOUND; PID %13-117-24 33 0040; P & Z CASE %88-704 The vote was unanimously in favor. ~otion carried. TAX FORFEIT PROPERTY The City Clerk.explained that Hennepin County has requested that the City release a 10 foot strip of Lot 21, Block 7, Abraham Lin- coln Addition to Lakeside Park for sale to an adjoining property owner. The piece will be used as a driveway access to Lots 17 and 22, Block 21. Currently, the person is driving over a por- tion of State owned land (Lots 18, 19 and 20). Smith moved and Abel seconded the following resolution: RESOLUTION %88-134 RESOLUTION RECONVEYING (IF NECESSARY) CERTAIN PORTION OF TAX FORFEIT LANDS BACK TO THE STATE AND REQUESTING THE COUNTY BOARD TO IMPOSE CONDITIONS ON THE SALE OF SAID TAX FORFEIT LANDS AND TO RESTRICT THE SALE TO OWNERS OF ADJOINING LANDS (PID %13-117-24 34 0009) The vote was unanimously in favor. Motion carried. REQUEST FROM JAMES MUSECH, ATTORNEY FOR ARCO CENTURY RE: OF REVERSIONARY INTEREST RELEASE Mr. James Musech explained that a title opinion on property at 5533 Shoreline Blvd. uncovered a reversionary interest in favor of the City of Mound. He is requesting that the City release this reversionary interest. Mr. Vic Cossette, owner of ARCO Century was present. The Building official, reviewed past problems she has had with the business and the fact that a current Conditional Use Permit is not in place. The Council discussed having Mr. Cossette apply for a Conditional Use Permit with the current uses listed. Mr. Musech presented a Subordination Agreement to the Council to consider. The City Attorney suggested waiting until the Septem- ber 27th Meeting to give him time to review the agreement and also give Mr. Cossette time to apply for a Conditional Use Per- mit. MOTION made by Smith, seconded by Johnson to carry this item over to the September 2?th Meeting to allow the city Attor- ney to review the Subordination Agreement and give Mr. Cos- sette time to apply for a Conditional. Use Permit with cur- rent uses listed. The vote was unanimously in favor. Mo- tion carried. 145 September 20, 1988 PRESENTATION OF PROPOSED 1989 CITY OF MOUND BUDGET The Council asked that this item be 9arried over to the September 27th Meeting. The Council then set Wednesday, October 5, 1988, at 6:30 P.M. for the Budget Hearing. PAYMENT OF B,ILLS MOTION made by Abel, seconded by Jessen to authorize the payment of bills as presented on the pre-list in the amount of $212,379.17, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS A. Department Head Monthly Reports for August 1988. Be August 1988 Financial Report as Prepared by John Norman, Finance Director. Co Memo dated September 6, 1988, from Jim Fackler, Parks Direc- tor, regarding Eurasion Water Milfoil Seminar. De I understand that Mayor Smith has invited the Drug Task Force to a breakfast meeting on Saturday, September 17, '1988. The enclosed letter date~ September 9, 1988, from Dr. Bill Peglow indicates that he cannot attend this meeting and also suggests hesitancy with regard to approving expendi- tures for 1989 for drug issues. Letter from Cathy Bailey, Westonka Senior Center regarding efforts of Sgt. Brad Roy. Mailing from the Metro Futures Task Force of the Metropolitan Council on issues facing the Twin Cities in the 21st century. They want your opinions. Please review and respond to Donna Mattson at the Metropolitan Council. G. Park Commission Minutes of Sept. 8, 1988. H. Planning Commission Minutes of Sept. 12, 1988. MOTION made by Abel, seconded by Smith to adjourn at 11:30 P.M. The vote was unanimously in favor. Motion carried. Fran Clark, CMC, City Clerk Edward J. Shukle, Jr., City Manager BILLS ....... SEPTEMBER 20, 1988 Batch 8083 Batch 8084 79,823.82 132,555.35 Total Bills 212,379.17 Dellnquent Water and Sewer 9-21-88 22 2320 242 22 2380 352 22 2380 422 22 2380 481 22 2382 393 22 2382 722 22 2590 481 22 2592 511; 22 2596 841 22 2598 751 22 2680 064 22 2740 032 22 2740.124 22 2800 271 22 2800 301 22 2830 482 22 2860 661 22 2980 121 22 3010 034 22 3102 545 22 3160 091 22 3180 181 22 3370 332 22 3460 031 22 3730 331 22 3820 183 22 3880 781 42 3430 601 42 3430 751 $179.69 134.76 298.44 88.46 170.17 119.65 80.23 .100.03 221.64 211.80 81.81 218.90 132.14 152.68 133.20 91.40 112.73 135.81 220.91 104.16 203.36 227.25 97.65 99.85 136.99 80.79 78.76 343.91 105.16 $4362.33 REC'D SEP 2 0 1988 241 September 27, 1988 RESOLUTION NO. 88- 1 ~6 A RESOLU?ION RELA?ING ~'0 SPECIAL ASSESSI~IEI~rS FOR S~ S~R INPRO~NE~S ON DRU~O~ RO~ WHEREAS, the City is authorized by Minnesota Statutes, Chapter 429, to make public improvements and to special assess the cost of said improvement~ against benefitted properties, and WHEREAS, the City proceeded under said authority to hold public improvement hearings and notified all persons who owned property that was proposed to be assessed of the nature of the improvements, and WHEREAS, the City duly ordered the improvement to a portion of Drummond Road including an area which abuts property owned by Luther Hoese of 4836 Island View Drive and legally described as Lots 8 and 9, Block 12, Devon, and WHEREAS, the City estimated the cost of said improvements at the public hearing and final costs were presented and approved by the City Council at a public hearing held on September 20, 1988, and all properties except the above named parcels were assessed and the Council adjourned the hearing for consideration of any mitigating circumstances for the Luther Hoese properties because Luther Hoese filed a "Notice of Objection" alleging that the property will not benefit by the amount of the proposed assessment because "not a drop of my water will go into the storm sewer", and WHEREAS, the City Council is aware that any court reviewing an objection of a special assessment will want to know what review and consideration was given to the property owner's objections and pursuant to statute the Council shall prepare a record of the proceedings and written findings as to the amount of the assessment, and WHEREAS, the City staff has reviewed and prepared a history of these properties and the circumstances of the improvement and has further agreed to accept any additional evidence or testimony from Luther Hoese, Mound: NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of 1. Pursuant to proper notice fully given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following improvements, to-wit: 1988 Storm Sewer and Street Improvements, Drummond Road from Amhurst Lane East to the middle of Lot 2, Block 12, and Lot 18, Block 11, Devon. 2. Such proposed special assessments as amended, copies of which are attached hereto and made a part hereof, are hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefitted by the proposed improvement in the amount of the assessment levied against it. 2~2 September 27, 1988 3. Such assessments shall be payable in equal annual installments as follows: Improvement Length of Assessment Interest Rate Drummond Road 10 years 8% 4. Luther Hoese filed a "Notice of Objection" on September 20, 1988, oSjecting to the proposed assessments for the Drummond Road Project alleging that properties owned by him at 4836 Island View Drive (Lots 8 and 9, Block 12, Devon) were not benefitted. The Council adjourned the meeting until this date to investigate the objections. It is hereby determined that the following facts exist: Storm sewer was installed to collect runoff from high ground on the north side of Drummond Road. be Lots on south side of Drummond Road are substantially below the level of Drummond (approx. 6 ft. to 10 ft.) and in heavy rains water ran off the dirt road towards the metal shed, kennel and garage located on Lots 8 and 9. This was especially true along the lot line separating Lots 7 and 8 where the majority of the water ran carrying dirt and debris off the hill. Water also ran off Amhurst Lane onto Lot 9 by way of a driveway apron located in front of the metal shed. As part of the storm sewer construction this apron was removed and replaced with curb and gutter which will carry the water past the subject property to Island View Drive. Storm sewer was installed with catch basin and apron to pick up the runoff at the low point in Drummond Road. This area of Drummond Road was also paved and bituminous curbs installed to contain the runoff and direct it towards the storm sewer structures. ee The City Manager engaged the services of an independent real estate appraiser to determine if Mr. Hoese's property is benefitted by the amount of the assessment. O.J. Janski and Associates have reviewed the property and in their opinion the Hoese property has increased in value from $3,000 to $4,000 as a result of the improvement. A copy of the appraisal is attached and made a part of this resolution. A reduction in the assessments for Luther Hoese would treat him different from all the other property owners who have paid and are paying for these or similar public improvements. To reduce the special assessments would require others and the general public to pay the fair share avoided by Hoese if a reduction in the assessments against the Hoese property is allowed. 243 September 27, 1988 5. The owner of any property so assessed may, at any time on or before October 27, 1988, following the date of assessments, pay the whole of the assessment against any parcel to the City of Mound without interest, and may until November 15 following the assessment date pay the whole of the assessment to the City of Mound with interest accrued to the 31st of December following the date of the assessment. After November 15 following the date of the assessment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest ac6ruing from the date of assessment through December 31 of the year following. 6. The Clerk shall forthwith transmit a certified duplicate of this assessment to the County Auditor to be extended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. The foregoing resolution was moved by Councilmember Abel and seconded by Councilmember Johnson. The following Councilmembers voted in the affirmative: Abel, Jensen, Jessen, Johnson.:and Smith. The following Councilmembers voted in the negative: none. Mayor Attest: City Clerk e Such improvements as set out above and for the areas as above indicated are hereby ordered as proposed in the feasibility report at an estimated cost of $ . The total cost of said improvements shall be assessed directly and entirely upon the signers of the attached petition. It is hereby determined that these capital improvements are not related to the City's Comprehensive Plan as recommended by the Planning Commission and need not be referred to the Planning Commission. The motion for the adoption of the foregoing resolution was duly seconded by Councilperson , and upon vote being taken thereon, the following voted in favor thereof: and the folloWing voted against the same: The following (were absent) (abstained from voting): RESOLUTION ORDERING THE IMPROVEMENT ~um~, a p~u~0n nas 0een received signed Dy all the owners of land to be specially assessed for the following described improvement: McCombs Frank Roos Associates, Inc. Twin Cities St. Cloud 15050 23rd Ave. N. Plymouth, MN 55447 Telephone 612/476-6010 Engineers Planners Surveyors September 27, 1988 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBSECT: Drummond Road Street Improvements ~FRA #8521 Dear Honorable Mayor and Council Members: Enclosed is a petition received by the City for upgrading the remaining unimproved portion of Drummond Road, west of Amherst Lane by construction of a 16 foot wide bituminous road with bituminous curbs. The cost of this improvement would be shared by the three property owners whose signatures are on 'thepetition along with the City which also owns abutting property. We have received bids for this additional street work from two contractors. Preferred Paving's bid was in the amount of $5,309.00 and G.L. Contracting bid'S4,46%00. G.L. Contracting is presently under contract with the City for the original project and, because they were the low bidder for this additional work, we therefore recommend they be awarded the contract. We would also suggest that the cost of this additional street work be assessed as soon as possible. The total cost of this project, including the City's expenses.such as engineering, legal, fiscal and administrative costs, would be $4,900.00. Attached is a breakdown of the preliminary assessment roll. If you have any questions or need additional information, please contact US. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. ,3ohn Cameron OC:jmj Enclosures An Equal Opportunity Employer PETITION FOR LOCAL I~ROVE~.NT MOUND, MINNESOTA. ~C'~--A Oay of ~-~-~-~ , 19B~ TO TkE CITY COUNCIL OF TkE CITY OF MOUNO, MINNESOTA: We, the unOersigned, owners of all reai property described as anO abutting on hereby petition that improvements be made by the construction of and, in.accordance with M.S.A. 429.0~1, Subd. 3, hereby waive any public hearing to be held on said improvement. We further state and agree that we are all the persons owning properties to be assessed for said improvements.. SIGNATURE OF OWNER , DESCRIPTION OF PROPERTY Examined, checked, and found to be in proper form and to be signed by the required number of owners of property affected by the'making of the improvement petitioned for City Clerk September 27, 1~88 RESOLUTION NO. 88- RESOLUTION DECLARING COST TO BE ASSESSED AND .ORDERING PREPARATION OF PROPOSED ASSESSMENT WHEREAS, costs have been determined for the improvement of Drummond Road from 100 feet east of Amherst Lane to 100 feet west of Devon Lane by the construction of a bituminous road and the bid price for such improvements is $4,463.00, and the expenses incurred or to be occurred in the making of such improvements amount to $437.00 so that the total cost of the improvements will be $4,900.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Nound, Hinnesota: The portion of the cost of such improvement to be paid by the City is hereby declared to be $1,400.00 and the portion of the cost to be assessed against benefited property owners is declared to be $3,500.00. am Assessments shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in Oanuary, 1990, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. The City Clerk, with the 'assistance of the City Consulting Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. m The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. The foregoing resolution was moved by Councilmember' and seconded by councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor ~ttest: City Clerk TAXPAYER STREET NAME & ADDRESS TOTAL PRELIMINARY ASSESSMENT ROLL DRUMMOND ROAD STREET I~OVEMENTS PROPERTY I.D. NUWBER PARgEL PROPOSED ASSESSMENT PAUL K AND MARY E SERECYZEK 3225 DE'VAN LANE SOUTH MOUND, MINNESOTA 55364 25-117-2411 0025 LOTS 17 THRU 20, BLOCK 11, DEVON 1,600.00 MARK AND DEBBIE McCURDY 4818 ISLAND VIEW DRIVE MOUND, MINNESOTA 55364 25-117-24 11 0026 LOTS 4 AND 5 AND W 1/2 OF LOT 3, BLOCK 12, DEVON 950.00 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 25-117-24 11 0149 LOTS 13 AND 14, BLOCK 11, DEVON 950.00 STEPHEN P STRAGNER 4817 HANOVER ROAD MOUND, MINNESOTA 55364 25-117-24 11 0150 LOT 15, BLOCK ll, DEVON 950.00 CITY OF MOUND, MINNESOTA 5341 MAYWOOD ROAD MOUND, MINNESOTA '55364 LOTS 1, 2 AND EAST HALF OF LOT 3, BLOCK 12, DEVON 450.00 TOTAL ASSESSMENT $ 4,900. O0 September 27~ 1~88 FU~$OLUTIDN NO. 88- RESOLUTTON FOR HEARING ON PROPOSFD ASSESSMENT DRUMMOND ROAD STREET IMPROVEMENT WHEREAS, by a resolution passed by the Council on September 27, 1988, the City Clerk and the City Engineer were directed to prepare a p~oposed assessment of the cost of making street improvements on Drummond Road from 100 feet east of Amherst Lane to 100 feet west of Devon Lane by the construction of a bituminous road; and WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection; NON, THEREFORE, BE IT RESOLVED by the City Council of the City of Hound, Minnesota: A hearing shall be held on the 25th day of October, 1988, in the City Council Chambers, 5341 Maywood Road, at 7:30 P.M., to pass upon such proposed assessment and at such time and place all persons owning roperty affected by such improvement will be given an opportunity to e heard with reference to such assessment. The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of-the improvement. She shall also cause mailed notice to be given to the Owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. The Owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. The foregoing resolution was moved by Councilmember and seconded by Councilmember . The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk September 27, 1988 RESOLUTION NO. 88- RESOLUTION DESIGNATIN~ NO PkRKING 2ONE DRUMMOND ROAD BETWEEN AMHURST LANE AND DEVON LANE WHEREAS, Chapter VII of the Mound Code provides that the City Council may from time to time, by resolution, establish rules and regulations relating to the use of streets within the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, as follows: The following street in the City of Mound, Minnesota, is hereby designated as a no parking, no stopping and no standing zone: The North side of Drummond Road between Amhurst Lane and Devon Lane. 1 September 20, 1988 RESOLUTION NO. 88- RESOLUTION ADOPTING THE DRUMMOND ROAD STORM SEWER AND STREET IMPROVEMENT ASSESSMENT ROLL TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY %11158 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following im- provements, to-wit: STORM SEWER IMPROVEMENT FOR DRUMMOND ROAD BETWEEN AMHURST LANE AND DEVON LANE; AND THE MINIMUM STREET IMPROVEMENT OF DRUMMOND ROAD ADJACENT TO LOTS 11 & 12, BLOCK 11, DEVON· NOWt THEREFOREt BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND: Such proposed special assessment, copies of which are attached hereto and made a part hereof, are hereby ac- cepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessments shall be payable in equal annual in- stallments extending over a period of ten (10) years,. the first of the installments to be payable on or before the first Monday in January, 1989, and shall bear interest at the rate of 8 per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution un- til December 31, 1988. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time on or before October 30, 1988, following the date of assessments, pay the whole of the assessment against any parcel, to the City of Mound without interest; and he may until November 15, following the assessment date, pay the whole of the assessment to the City of Mound with interest accrued to the 31st of December following the date of th~ assessment. September 20, 1988 After November 15, following the date of the assess- ment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing from the date of the assessment through December 31 of the following year. The Clerk shall forthwith transmit a certified dupli- cate of this assessment to the County Auditor to be ex- tended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk' z W ~'W~ >- g ~.r~ W t~WW W W r~ r~ W O-W 0 0 Z CD ~W u~ u~ W~ Ciao Z~f) W ~ Z .W OZ C~JO W N W~U~ Wu') ~-W~-- 0~ZCD Z r'~ZZ W Z 0 I ! Z 0 W ¥ ~--0 O/ Z WWkO wr~uh p- W~ ZWP- r~ W Z Z I ~-~ I ~-~u~ W W -Z W Z r~ Z~ r~ Z W W ~-- September 27, 1988 RESOLUTION NO. 88- RESOLUTION DESI~NATIN~ NO PARKIN~ ZONE DRUMMO~ ROAD BETWEEN AMHURST LANE AND DEVON LANE WHEREAS, Chapter VII of the Mound Code provides that the City Council may from time to time, by resolution, establish rules and regulations relating to the use of streets within the City. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, as follows: The following street in the City of Mound, Minnesota, is hereby designated as a no parking, no stopping and no standing zone: The North side of Drummond Road between Amhurst Lane and Devon Lane. 1 PID # PROPERTY OWNER NAME & ADDRESS CIT'~' (l)f IOUND September l, 1988 55--", t,',AYWOOD ROAI' E",OuND. MINNESOTA 55.,;.: (612) 472-1155 Dear Mound ProPerty Owner: The enclosed official notice is intended to advise you of a Special Assessment Hearing to be conducted by the City Council of Mound at 7:30 P.M., on September 20, 1988, in the Council Chambers at Mound City Hall, 5~41 Maywood Road. The notice relates to the improvement of Drummond Road from Amherst Lane to 100 feet east by construction of storm sewer ano bituminous surfacing. Minnesota Statutory requirements provide that this assessment hearing be held prior to certifying and levying the final Lmprovement assessment costs to the Hennepin County Finance Department. The assessment will be collected over succeeding years by the Hennepin County Treasurer's Office, along with the real estate taxes. The purpose of this hearing is to advise the affected property owners of the final improvement costs to be assessed and the methods of apportionment and payment to be used. IF.YOU HAVE ANY SRECIFIC QUESTIONS CONCERNING THE QUALITY OR EXTENT OF THE CONSTRUCTION WORK UNDER THE IMPROVEMENT PROSECT RELATING TO YOUR PROPERTY, PLEASE CALL OOHN CAMERON, CiTY ENGINEER, AT 476-5010 BETWEEN 7:30 A.M. AND 4:30 P.M. IF ROSSIBLE, PLEASE CONTACT US RRIOR TO THE HEARING DATE (SEPTEMBER 20, 1988). The proposed assessment cost for the storm sewer was computed using $0.308 per square foot. The final assessment amounts will be computed based upon the formula and benefits as ordered by the City Council at the assessment hearing. Usually, the finai amounts are the same as the proposed amounts. The following is a breakdown of total proposed assessment for your individual property. PROPOSED PROPOSED STORM SEWER STREET TOTAL AREA ASSESSMENT ASSESSMENT ASSESSMENT Z -31 NOTICE OF HEARING ON PROPOSED ASSESSMENT City of Mound, Minnesota TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that the City Council of Mound. will meet at P.M. on Tuesday, September 20, 1988, at the City Hall, located at 5341 Maywood Road, to pass upon the proposed assessment for the improvement of: "Drummond Road from Amherst Lane to 100 feet East by construction of storm sewer and bituminous surfacing. Pursuant to MSA Sec. 42~.011 to 429.111. All property located in Blocks !1 and 12, Devon and abutting Drummond Road between Amherst Lane and Devon Lane and benefiting therefrom is proposed to be assessed. The total amount of the proposed assessment is $13,652.64. The proposed assessment is on file for public inspection at the City Clerk's office. Written or oral objections will be considered at the hearing, but the Council may consider any objections to the amount of the proposed individual assessments at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An Owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the appeal, upon the Mayor or Cierk of the City within 30 days after the adoption of the assessment and filing Such notice with the District Court within ten days after service upon the Mayor or Clerk. No such appeal.as to the amount of an assessment to a specific parcel of Iand may be made unless the Owner has either filed a signed written objection to that assessment with the City Clerk prior to the hearing or has presented the written objection to the presiding officer at the hearing. The City Council has adopted, pursuant to the authority granted by Minnesota Statutes, Sec. 435.193 to 435.195, a resolution containing standards and guidelines for deferring assessments for senior citizens for whom it would be ahardship to make the.payments on homestead property. The standards and guidelines are on file with the City Clerk for your inspection. Francene C. Clark~-Cit~ Clerk Published in the Laker on September. 5, 1988 and September 12, 1988 Further infoz~ation for you~ zefezence regarding the p~oposed special .assessment is given as follows: Mfx~nesota Statutory ~q,,~ents regulate the special assess~nent p~ocedu~es to be used (Minnesota Statutes ~h~pte~ 423). An Owner may appeal an assessment to District Gout, pu:suant to ~LLnnesota Statu~es Section a2~.081, by serving notice of th~ appeal upon the Mayor o: ~ity Clez~< of the City within FO Oays afte: the adoption of the assessment and f~l~ng of such notice with the District Court within ten days after service upon the Mayor o: City Cle:k. No such appeal as to the amount of an assessment pertaining :o a specific pamcel of land may be made unless the Omer has either file~ a sic.ned written objection to that assessment with the City Clerk prior to the public hearing or has presented the written objection to the presiding officer at the public hearing. Payment in full with no interest chaz~es may be made within thirty (30) days from the date the City Council adopts the assessment roll. Payments can be made at the ~ound City Hall. If you wish to make a partial payment, the payment must be in $100.00 increments. If the total assessment is less under $300.00, no partial payment will be accepted. If the assessment is paid more than thirty (30).days after Council action, but on or before November 15, 1988, interest will be cha~ged to December 51, 1988. If the assessment is not paid on or before No~ember 15, 1988, the amount will be spread over the assessment-period. The first year payment will include interest for fifteen (15) months (October through December of 1988, and all of 1989). Following years will have interest computed for twelve (12) months. Payments will become due with your real estate taxes. During each subsequent year, payment of the remaining balance may be made and must be paid on or before November 15 to have special assessments removed from the following year'~s tax statements. Partial payments are not allowed. e The assessment will be spread for 10 years at th~ current interest 'rate of eight percent (8%) per year on the remaining principal. The City of Hound does have a deferred assessment policy based on hardship for Senior Citizens 65 years or older who have an income of less than $10,001.00, and who reside on and own homestead property. Information on this program can be secured at the City Offices, prior to the'public hearing. Again, if ¥6u have any questions or con~nents, Please contact us prior to the assessment hearing, if possible. We sincerely appreciate your cooperation. September 27, 1988 RESOLUTION NO. RESOLUTION ADOPTING 1988 CBD PARKING HAINTEI~ANCE ASSESSMENT ROLL IN THE AMOUNT OF $18t204.45 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY %11159 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following im- provements, to-wit: 1988 CBD PARKING MAINTENANCE FROM JULY 1, 1987 TO JUNE 30, 1988 NOWt THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND: Such proposed special assessment, copies of which are attached hereto and made a part hereof, are hereby ac- cepted and shall constitute the special assessment against, the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessments shall be payable in equal annual in- stallments as follows: LEVY ~ 11159, IMPROVEMENT 1988 CBD PARKING MAINTENANCE INT. RATE YEARS 8% I .® The owner of any property so assessed may, at any time on or before October 30, 1988, following the date of assessments, pay the whole of the assessment against any parcel, to the City of Mound without interest; and he may until November 15, following the assessment date, pay the whole of the assessment to the City of Mound with interest-accrued to the 31st of December following the date of the assessment. After November 15, following the date of the assess- ment, the first year's installment shall be added to the taxes for the year's tax.list and collected as taxes with interest accruing from the date of the assessment through December 31 of the following year. September 27, 1988 The Clerk shall forthwith transmit a certified dupli- cate of this assessment to the County Auditor to be ex- tended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk ~00000~~00000000000~00~0~00~ ~ iii PROPERTY IDENTIFICATION 13-117-24 33 0066 14-117-24 44 0001 14-117-24 '44 0002 14-117-24 44 0003 14-117-24 44 0004 14-117-24 44 0006 13-117-24 33 0004 13-117-24 33 0005 13-117-24 33 0006 13-117-24 33 0007 13-117-24 33 0008 13-117-24 33 0011 13-117-24 33 0014 13-117-24 33 0015 13-117-24 33 0016 3-117-24.33 0017 4-117-24 44 0046 13-117-24 33 0064 13-117-24 33 0073 14-117-24 44 0036 14-117-24 44 0037 14-117-24 44 0038 14-117-24 44 0039 14-117-24 44 0041 14-117-24 44 0042 13-117-24.33 0047 13-117-24 33 0049 13-117-24 33 0050 13-117-24 33 0053 13-117-24 33 0054 13-117-24 33 0074 AMOUNT 487.85 452.99 698.89 2090.15 1004.27 84.56 408.61 1683.96 298.96 597.02 81.37 946.70 237.02 481.25 438.01 502.21 106.92 1556.15 2065.23 1416.94 525.66 304.86 977.52 631.04 521.63 365.22 574.95 513.72 27.05 65.40 2344.88 22491.00 CREDIT ~SED FOR LAND TO CITY -567.60 -1200.00 -672.00 -194.04 -2176.80 -16.80 -270.72 -5097.96 CREDIT APPLIED -1115.44 1115.44 $ TO BE ASSESSED 487.85 452.99 698.89 407.11 1004.27 0.00 408.61 1683.96 298.96 597.02 81.37 946.70 237.02 0.00 438.01 308.17 106.92 0.00 2065.23 1416.94 525.66 304.86 977.52 631.04 504.83 94.50 574.95 513.72 27.05 65.40 2344.88 18204.45 88 SOUTH SIXTH STREET i~'[~ SE~ SUITE 925 MINNEAPOLIS, MN 55402-1196 (6 ! 2) 338-3888 September 20, 1988 The City Council and the City Clerk of The City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: Proposed Assessment for CBD Parking Maintenance - 1988 We have your notice of the hearing to be held on September 27, 1988, to consider objections to the proposed CBD Parking Maintenance - 1988 Assessment. This letter constitutes our written objection to the proposed assessment as it relates to the property of JRW Properties, Inc. ("JRW"), which is identified on the 1988 CBD Assessment Roll as parcel 13-117-24 33 0074, "Commerce Place". The amount of the proposed assessment on our property is. $2,344.88. On behalf of JRW Properties, Inc., and the tenants of the property, we strongly object to the amount of assessment. As the Council knows, JRW has its own off-street parking with sufficient capacity to fully serve its customers and employees. As the assessment roll reflects, there are 0.0 parking spaces provided for the benefit of JRW. Nevertheless, the property is to be assessed $2,344.88. This amount represents 10.4% of the total assessment. To charge the property 10.4% of the total assessment when JRW has no additional parking needs is grossly unfair, unreasonable, arbitrary and capricious. The assessment roll reflects that there are five other property owners who, like JRW, do not have any additi6nal parking needs. The maximum amount of assessment for these five other property owners is $106.92, or less than one-half of 1% of the total assessment. In reviewing the assessment roll, it appears that a great portion of the assessment amount is attributed to the JRW property because the formula for spreading the assessment takes into account the "market value" of the property (presumably as established by the assessor). We object to this method of spreading assessments for several reasons. First, although we recognize that the JRW property is subject to an assessment agreement with a stated agreed value, the market value attributed to the JRW property is September 20, 1988 The City Council and the City Clerk of The City of Mound 5341 Maywood Road Mound, Minnesota 55364 Page Two excessive in view of the lower than market values attributed to the other properties, and is therefore an improper amount upon which to spread assessments. Secondly, and more important, the use of market value of the assessed properties for purposes of spreading the assessment is totally without rational basis, and therefore is illegal. Whether the property is worth $4,500,000 or $10, the benefit which the property derives from the assessed improvements is totally unrelated to the underlying value of the property. There is no reasonable relationship between the assessment and the value of the benefit to the JRW Property. Accordingly, it appears the method of spreading the assessments is unfair and illegal. I urge the Council to revise the method of spreading the assessments. If the City Council fails to spread the assessments in a fair and equitable manner and on a rational basis which relates to the value of the benefit received, ~we will have no alternative but to appeal this assessment to the District Court. JRW ~ROBERTI~, INC. JFB/mek September 27, 1988 RESOLUTION NO. 88- RESOLUTION ADOPTING UNPAID TREE REMOVAL LSSESSHENT ROLL IN THE AMOUNT OF $485.00 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY %11160 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following im- provements, to-wit: UNPAID TREE REMOVAL CHARGES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND= Such proposed special assessment, copies of which are attached hereto and made a part hereof, are hereby ac- cepted and shall constitute the special assessment against, the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. PID ~ Such assessments shall be payable in equal annual in- stallments as follows: INT. IMPROVEMENT AMOUNT YEARS RATE LEVY 19-117-23 31 0019 TREE REMOVAL CHARGES $485.00 5 8% 11160 The first of the installments to be payable on or before the first Monday in January, 1989, and shall bear interest at the rate of 8 per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution un- til December 31, 1988. To each subsequent installment when due shall be added interest for one year on all ~npaid installments. 'The owner of any property so assessed may, at any time on or before October 30, 1988, following the date of assessments, pay the whole of the assessment against any parcel, to the City of Mound without interest; and he may until November 15, following the assessment date, pay the whole of the assessment to the City of September 27, 1988 Mound with interest accrued to the 31st of December following the date of the assessment., After November 15, following the date of the assess- ment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing from the date of the assessment through December 31 of the following year. The Clerk shall forthwith transmit a certified dupli- cate of this assessment to the County Auditor to be ex- tended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk September 27, 1988 RESOLUTION NO. SS- RESOLUTIONADOPTING DELINQUENT WATER & SEWER ASSESSHENT ROLL IN THE AHOUNT OF $3,99X.35 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST ~ #11161 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following im- provements, to-wit: DELINQUENT WATER AND SEWER NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF HOUND: Such proposed special assessment, copies of which are attached hereto and made a part hereof, are hereby ac- cepted and shall constitute the .special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. PID ~ Such assessments shall be payable in equal annual in- stallments as follows: INT. IMPROVEMENT AMOUNT YEARS RATE LEVY 13-117-24 12 0090 13-117-24 12 0019 13-'117-24 32 0069 23-117-24 42 0086 23-117-24 42 0037 23-117-24 31 0031 23-117-24 31 0024 23-117-24 31 0055 23-117-24 32 0052 23-117-24 32 0057 23-117-24 13 0033 24-117-24 22 0026 24-117-24 11 0012 19-117-23 32 0199 19-117-23 33 0209 19-117-23 33 0084 24-117-24 44 0132 _~.-I!? 2~ 41 606S 25-117-24 21 0039 30-117-23 22 0016 Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. 101.66 1 8% 11161 38.50 1 8% 11161 126.32 1 8% 11161 68.60 1 8% 11161 228.99 1 8% 11161 511.03 1 8% 11161 277.36 1 8% 11161 140.99 1 8% 11161 178.59 1 8% 11161 55.00 1 8% 11161 97.65 1 8% 11161 84.21 i 8% 11161 127.30 1 8% 11161 107.49 1 8% 11161 260.44 1 8% 11161 103.97 1 8% 11161 212.'41 1 8% 11161 1 8% 11161 1' 8% 11161 1 8% 11161 ~.. Wat~ Del. Wat. & Sew. 177.34 Del. Wat. & Sew. 91.32 25-117-24 11 0033 25-117-24 21 0065 25-117-24 21 0075 19-117-23 31 0021 Del. Wat.& Sew. Del. war. & Se~. Del. Wat. & Sew. Del. Wat. & Sew. 128.31 1 8% 11161 208.07 1 8% 11161 290.58 1 8% 11161 245.40 1 8% 11161 The owner of any property so assessed may, at any time on or before October 30, 1988, following the date of assessments, pay the whole of the assessment against any parcel, to the City of Mound without interest; and he may until November 15, following the assessment date, pay the whole of the assessment to the City of Mound with interest accrued to the 31st of December following the date of the assessment. After November 15, following the date of the assess- ment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing from the date of the assessment through December 31 of the following year. The Clerk shall forthwith transmit a certified dupli- cate of this assessment to the County Auditor to be ex- tended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk September 27, 1988 RESOLUTIO~ N0. 88- RESOLUTION~)OPTIN~ UNPAID MOWIN~ ASSESSMENT ROLL IN THE AMOUNT OF $20.00 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY %11162 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following im- provements, to-wit: UNPAID MOWING CHARGES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND: Such proposed special assessment, copies of which are attached hereto and made a part hereof, are hereby ac- cepted and shall constitute the .special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessments shall be payable in equal annual in- stallments as follows: INT. IMPROVEMENT AMOUNT YEARS RATE LEVY 19-117-23 33 0066/ UNPAID MOWING 0067 CHARGES $ 20.00 I 8% 11162 The owner of any property so assessed may, at any time on or before October 30, 1988, following the date of assessments, pay the whole of the assessment against any parcel, to the City of Mound without interest; and he may until November 15, following the assessment date, pay the whole of the assessment to the City of Mound with interest accrued to the 31st of December following the date of the assessment. After November 15, following the date of the assess- ment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing from the date of the assessment through December 31 of the following year. September 27, 1988 The Clerk shall forthwith transmit a certified dupli- cate of this assessment to the County Auditor to be ex- tended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk September 27, 1988' RESOLUTION NO. RESOLUTION ADOPTING UNPAID WEED REMOVAL ASSESSMENT ROLL IN THE AMOUNT .OF $50.00 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST L,EV~ %11163 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following im- provements, to-wit: UNPAID WEED REMOVAL CHARGES NOW, THEREFOREv BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND: Such proposed special assessment, copies of which are attached hereto and made a part hereof, are hereby ac- cepted and shall constitute the-special assessment against the lands named herein, and each tract of land therein, included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. PID ~ Such assessments shall be payable in equal annual in- stallments as follows: INT. IMPROVEMENT ~tMOUNT YEARS RATE LEVY 24-117-24 13 0009 UNPAID WEED REMOVAL CHARGES $ 50.00 I 8% 11163 .3. The owner of any property so assessed may, at any time on or before October 30, 1988, following the date of assessments, pay the whole of the assessment against any parcel, to the City of Mound without interest; and he may until November 15, following the'assessment date, pay the whole of the assessment to the City of Mound with interest accrued to the 31st of December following the date of the assessment. After November 15, following the date of the assess- ment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing.from the date of the assessment through December 31 of the following year. September 27, 1988 The Clerk shall forthwith transmit a certified dupli- cate of this assessment to the County Auditor to be ex- tended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. The foregoing resolution was moved by Councilmember and-seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk September 27, 1988 RESOLUTION NO. SS- RESOLUTION LEVYING DEFERRED & SUPPLEMENTAL ASSESSHENTS UPON WAIVER OF FORMALITIES: DIRECTING PREPARATION OF ABSTRACT; & DIRECTING CERTIFICATION TO THE COUNTY AUDITOR LEVY ~11164 - $3,656.30 WHEREAS, the City Council, pursuant to Minnesota Statutes Chapter 429, (Laws 1953, Chapter 398, as amended) has the power to levy supplemental assessments and the power to levy deferred assessments; and WHEREAS, the following assessments were not'initially levied in the projects as indicated, but waivers of formality for supplemental and deferred assessments have been executed by the property owner and delivered to the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby: Pursuant to its authority under Chapter 429, Minnesota · Statutes, the City Council does hereby determine that each of the parcels of land hereinafter described have benefited in an amount equal to the amount set opposite each of the said parcels by virtue of the project as indicated and that they be, and hereby are, assessed in the amount set opposite each such described parcel, and each such supplemental and deferred assessment shall be payable in equal annual installments over such period of years as shown: PID ~ INT. IMPROVEMENT AMOUNT YE;%RS RATE LEVY 13-117-24 44 0093 Supp. Street Imp. #8297 $1,828.15 7 8.2% 11164 13-117-24 44 0094 Supp. Street Imp. #8297 $1,828.15 7 8.2% 11164 The first of the installments to be payable on or before the first Monday in January, 1989, and shall bear interest at the rate of 8.2 per cent per annum ,~rom the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution until December 31, 1988. To each subsequent installment when due shall be added interest for one year on all unpaid installments. 1 September 27, 1988 The owner of any property so az~e~ed may, at any time on or before October 30, 1988, following the date of assessments, pay the whole of the assessment against any parcel, to the 'City of Mound without interest; and he may until November 15, following the assessment date, pay the whole of the assessment to the City of Mound with interest accrued to the 31st of December following the date of the assessment· After November 15, following the date of the assess- ment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing from the date of the assessment through December 31 of the following year. The clerk shall forthwith transmit a certified dupli- cate of this assessment to the County Auditor to be ex- tended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative:. Mayor Attest: City Clerk Septe~lber 27, 1988~ RESOLUTION NO. SS- RESOLUTION LEVYING DEFERRED & SUPPLEMENTAL ASSESSHENTS UPON WAIVER OF FORMALITIES= DIRECTING PREPARATION OF ABSTRACT; & DIRECTING CERTIFICATION TO THE COUNTY AUDITOR LEF~ %11165 -.$3,536.90 WHEREAS, the City Council, pursuant to Minnesota Statutes Chapter 429, (Laws 1953, Chapter 398, as amended) has the power to levy supplemental assessments and the power to levy deferred assessments; and WHEREAS, the following assessments were not initially levied in the projects as indicated, but waivers of formality for supplemental and deferred assessments have been executed by the property owner and delivered to the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby: Pursuant to its authority under Chapter 429, Minnesota Statutes, the .City Council does hereby determine that each of the parcels of land hereinafter described have benefited in an amount equal to the amount set opposite each of the said parcels by virtue of the project as indicated and that they be, and hereby are, assessed in the amount set opposite each such described parcel, and each such supplemental and deferred assessment shall be payable in. equal annual installments over such period of years as shown: PID ~. 23-117.-24 31 0056 IMPROVEMENT AMOUNT. .YEARS RATE LEVY Supp. Street Imp. %7928 $1,768.45 6 8% 11165 19-117-23 33 0220 Supp. Street Imp. %7928 $1,768.45 6 8% 11165 The first of the installments to be payable on or before the first Monday in January, 1989, and shall bear interest at the rate of 8 per cent per annum from 'the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution un- til December 31, 1988. To each subsequent installment when due shall be added interest for one year on all unpaid installments. September 27, 1988 The owner of any property so assessed may, at any time on or before October 30, 1988, following the date of assessments, pay the whole of the assessment against any parcel, to the .City of Mound without interest; and he may until November 15, following the assessment date, pay the whole of the assessment to the City of Mound with interest accrued to the 31st of December following the date of the assessment. After November 15, following the date of the assess- ment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing from the date of the assessment through December 31 of the following year. The Clerk shall forthwith transmit a certified dupli- cate of this assessment to the County Auditor to be ex- tended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative:. Mayor Attest: City Clerk September 27, 1988' RESOLUTION NO. 88- RESOLUTION LEVYING DEFERRED & SUPPLEMENTAL ASSESSMENTS UPON WAIVER OF FORMALITIES: DIRECTING PREPARATION OF ABSTRACT; & DIRECTING CERTIFICATION TO THE COUNTY AUDITOR LEF~ ~11166 - $292.00 WHEREAS, the City Council, pursuant to Minnesota Statutes Chapter 429, (Laws 1953, Chapter 398, as amended) has the power to levy supplemental assessments and the power to levy deferred assessments; and WHEREAS, the following assessments were not initially levied in the projects as indicated, but waivers of formality for supplemental and deferred assessments have been executed by the property owner and delivered to the City. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby: Pursuant to its authority under Chapter 429, Minnesota Statutes, the 'City Council does hereby determine that each of the parcels of land hereinafter described have benefited in an amount equal to the amount set opposite each of the said parcels by virtue of the project as indicated and that they be, and hereby are, assessed in the amount set opposite each such described parcel, and each such supplemental and deferred assessment shall be payable in equal annual installments over such period' of years as shown: iNT. IMPROVEMENT .AMOUNT YEARS RATE LEVY 13-117-24 44 0094 San/Sewer Units ~3180 $292.00 1 6% 11166 The owner of any property so assessed may, at any time on or before October 30, 1988, following the date of assessments, pay the whole of the assessment against any parcel, to the City of Mound without interest; and he may until November 15, following the assessment date, pay the whole of the assessment to the City of Mound with interest accrued to the 31st of December following the date of the assessment. September 27, 1988 After November 15, following the date of the assess- ment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing from the date of the assessment through December 31 of the following year. The Clerk shall forthwith transmit a certified dupli- cate of this assessment to the County Auditor to be ex- tended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk. 3030 Harbor Lane North Bldg. II, Suite 104 PLANNING REPORT Minneapolis, MN 55447-2175 612/553-1950 TO: Planning Commission and Staff FROH: Mark Koegler, City Planner ~ DATE: September 6, 1988 SUBJECT: Sign Variance APPLICANT: Mark W. Anderson, Bethel United Methodist Church LOCATION: 2116 Commerce Boulevard CASE NUHBER: 88-725 VHS FILE NUHBER: 88-310-A15-ZO EXISTING ZONING: Single Family Residential (R-2) COHPREHENSIVE PLAN: Residential BACKGROUND: The Bethel United Methodist Church has filed an application for a variance to construct a new free standing sign at the intersection of Church Road and Commerce Boulevard. The proposed sign has an area for changeable messages and totals 45.5 square feet in area. The overall height of the sign is 9 feet, 9 inches. Upon construction of the new sign, an existing sign in front of the church will be removed. Section 4.01 (2) of the Mound Sign Code stipulates that institutional signs in residentially zoned areas can not exceed 24 square feet in area, ten feet in height and can not be placed closer than 10 feet from any street right-of-way. The proposed sign complies with all of the ordinance requirements except the area limitation. The proposed sign is 21.5 square feet larger than the allowable area by ordinance resulting in the variance request. Variances are allowable under the sign code when "it is shown that by reason' of,topography or other conditions that strict compliance with the requirements of this ordinance would cause a hardship. A variance may be granted only if the variance does not adversely affect the spirit and intent of this ordinance." In order for the subject variance request to be approved, the Planning Commission must find that the request is in conformance with the stated variance criteria. In the staff review of this issue, the request seems to stem from a desired sign size and not from other factors such as topography. As such, the request is not in keeping with the stated variance criteria and technically, no hardship exists. It is easy to rationalize, however, why a sign of the size that is proposed may be acceptable on the church property. Factors such as frontage on a major county road and the location of the property adjacent to a commercial area are items to consider. RECOMMENDATION: Staff recommends denial of the proposed variance due to the finding that no hardship exists as defined in the sign ordinance. If the Planning Commission finds that the proposal is acceptable, it may be advisable to consider changing Section 4.01 (2) to allow larger signs rather than approve a potentially precedent setting variance. As a final note on this case, the proposed sign essentially consists of two signs, one containing the name of the church and the second containing the changeable message component. The sign ordinance allows one 24 square foot sign per street frontage and the Bethel United Methodist Church is a corner lot fronting on both Commerce Blvd. and Church Road. Therefore, the church could have two freestanding signs, one containing the top half of the proposed sign and the other containing the bottom half. Such a proposal, if acceptable to the church would alleviate the necessity for a variance. BOARD OF APPEALS Case #88-725: Bethel United Methodist Church, 2116 Commerce Blvd., Lot 10 & Park of 32, Block 12, Lakeside Park Crocker's 1st Addition, PID #13-117-Z4-32-OIZS~ SIGN VARIANCE. Recommendation by City Planner~ Mark Koegler: Staff recommends denial of the proposed variance due to the FinQ- ing that no hardship exists as defined in the sign ordinance. The proposed sign complies with all of the ordinance requirements except the area limitation. The proposed sign in ZI.5 square Feet larger than the allowable area by ordinance. The proposed sign essentially consists of two signs, one contain- ing the name of the church and the second containing the change- able message component. The sign ordinance allows one 24 square Foot sign per street Frontage and the Bethel united methodist Church is a-corner lot Fronting on both Commerce Blvd. and Church Blvd. Therefore, the church would have two Freestanding signs, one containing the top half of the proposed sign and the other containing the bottom half. Such a proposal, if acceptable to the church would alleviate the necessity For a variance. DiscuSsion: Mark Anderson Was present to comment on his behalf. His First design For the sign was 30 sq. Ft. (5' x 6'), but he was.unaware of the ordinance at that time, so it was designed at a larger size so a longer message and larger lettering could be used. Available options and alternatives were discussed. The commis- sion agreed that the size of the proposed sign was enormous (7' x 6'6"). The option to split the sign in half and place one on Church.Street and ode on Commerce was discussed· Wefland asked if the signs could be placed on the same post and placed on the corner. According to the City Planner this is a gray area and would b~ considered as one sign with using one post, however it would be projected on two different streets, and there is a zoning ordinance which requires a thirty Foot clear area from the street. MOTION made by Smith, seconded by Jensen to deny the Sign Variance Application because it does not Fit within the sign ordinance. MOTION carried, seven tn favor (Andersen, Wei'land, Smith, Sohns, Thai, Jensen, and Meyer), one abstained (Michael). D i $cu$$ i on ~ The commission agreed the option to down size the sign rather than split it tn hale was more appealing. Mark Anderson saiQ the letters would be too sma l! if the sign was smaller. Case will be heard beEore the City Council on September 27, ]988. The commission commented, tE Mr. Andersen had come in with the 5' x '6' sign that he referred to as being his first design, the commission may have favored it since they are on a major county road 'and adjacent to a commercial area. Mr. Anderson may feel that was a reasonable compromise. Sohns and Smith did not agree with this comment. CITY OF HOUND APPLICATION TO PLANNING & ZONING COMMISSION (Please type the following information) Street Address of Property 2116 Commer¢~ ~1¥~. Legal Description of Property: Lot 10 & ~art o~ ~ Addi,tion Lakeside Park CrockerIs 1st Owner's NameBethel United Methodist Church Address 2116 Commerce Blvd. Mound, Applicant (if other .than owner): Name M~rk W. A~derson (Trustee) Address LFS~3 Hs.lq_over Rom_d l~Iound, Type of Request: Date Filed 8-23-88 Block 12 PID No. 13-117-24 32 0128 Day Phone No. 472-1522 Day Phone No. 472-1441 ( ) Amendment (X) Sign Permit ( )*Other (X) Variance ( ) Conditional Use Permit ( ) Zoning Interpretation & Review ( ) Wetland Permit ( ) P.U.D. *If other, specify: Present Zoning District R-2 Existing Use(s) of Property Church & Parsone. Me Has an application ever been made for zoning, variance, or conditional use permit or other zoning procedure for this property?.. ~o If sb, list date(s) of llst date(s) of application, action taken and provide Resolution No.(s) Copies of previous resolutions shall accompany present request· I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law.~/~, / /~// c/~/./~~ Planning Commission Recommendation: AppIicafion denied, there is no hardship. Date 9-12-88 Council Action: Resolution No. Date 4/82 #i50 Mailed copy to Hark Koegler 8-25-88. APPLICATION FOR SIGN PEi~IT CITY OF MOUND OF APPLICANT Mark W. Anderson ADDRESS, 48~ Henover Ro~d Street Number PHONE NO. a77-1441 City Zip 'BUIL61NG OWNER BeSh¢l United Methna~nt Churnh (If' other than applicant) Name , Add ress CONTEACTOR. DShiel Signs '~0 Southwest ath St.' Osseo. ~. Name Address siGN LOCATION' West side of Bethel Church perpendicular to Commerce Bl+d. LOT !0 & oart of ~2 BLOCK' ADDITION Lakeside Park Crocker's 1st ALLOWABLE SIGNAGE ~ % = " '2g. Sq, ft. WALL AREA" " BY' .Ft. = TOTAL EXISTING SIGNAG~'ree. Stsndin~ .... NUMBER OF SIGNS' 1 DESCRIBE SIGN (Materla3s, etc;) Double sided, ~luminum'9~sed, W~tb lew~ nnvP~n HEIGHT OF SIGN g'g" includin~ oosts ILLUMINATED: YES × NO · PID 13-117-24 32 0128 Square Footage · ZONING DISTRICT · R-~ SQ. FOOTAGE OF SIGNS 1,~ SIZE.BEING REQUESTED ?' iq , BY 6'6" W _TYPE OF SIGN: ~.5 SQ. FT. WALL MOUNT. LENGTH OF TIME SEASONAL SIGN TO BE ERECTED: FREE STANDING PORTABLE OTHER PLEASE DESCRIBE REQUEST AND REASON FOR REQUEST: Reouest is for oermission to a ~'5.5 Sa. Ft. si~n to replace existing ,~i~-n'. Is sign for a community organization and does It meet all the standards, of Section I'f additional i,nformation, is attached, please submit 8½" X 11" maximum sized drawings. App1 icant's %'ignature ~mmenda t i on: APPROVED: Building Official Bethel United Methodist Chuch Request for sign variance We are requestin~ a variance in si~n size. We want to in.~tall a free standing, illuminated si~n,7' wide by 6'6" high with a chan~able message panel. The pro- posed sizn size exceeds the requirement for R-2, but would meet the parameters for the central business district. Although our zoning is R-2, the church is on the fringe of the central business district with the new Mound shopping center to the south, and the Pond arena to the west. Bethel Methodist owns all the property from Commerce to Fern, and from Church Rd. to Tonkawood. The nearest residence is to the north ~cross Tonkawood Rd. which would be sheilded from the sizn by two large pine trees. We want to project a positive image to the community thru the use of the changable message panel, but feel this is impossible under the constraint~ of the R-2 zone sign size limits. Mark W. Anderson Trustee, Bethel United ~,~ethodist Church 3030 Harbor Lane North Bldg. II, Suite 104 Minneapolis, MN 55447-2175 -612/553-1950 PLANNZNG REPORT TO: Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: September 6, 1988 SUBJECT: Subdivision Request APPLICANT: G. H. Widmer LOCATION: Commerce Boulevard, North End of Mound CASE NUMBER: 88-726 VHS FILE NUMBER: 88-310-A16-ZO EXISTING ZONING: General Business (B-2) COMPREHENSIVE PLAN: Commercial/Wetlands BACKGROUND: The applicant has applied for subdivision approval and waiver of public hearing requirements for a parcel at the extreme north'end of Mound along County Road 110. The proposal is to subdivide a parcel that measures 30 feet by 200 feet for the purpose of selling the parcel to the abutting neighbor to the north. The subject land is presently owned by Fritz Widmer. Paul's Auto lies immediately to the north. The purpose of the request is to make more property available to Paul's Auto for parking and open space. The request is consistent with the zoning ordinance and comprehensive plan. RECOMMENDATION: Staff recommends approval of the subdivision and waiver of the public hearing requirements for the Widmer subdivision subject to the following condition: - A legal description, acceptaOle to Henne'pin County, shall be prepared and submitted to the Mound City Engineer for review. Case #88-726: O. H. (Fritz) Wi c I mar, Lot 26, LaFayette Park Lake Minnetonka, PID #13-]17-24-22-016~ MINOR SUBDIVISION. Recommendation by City Planner~ Mark Koegler: The proposal is to subdivide a parcel that measures 30' x 200' For the purpose of selling to abutting neighbor, who Is Paul's AUto. The property is to. be used for parking and open space Eot the auto repair business. The request ts consistent with the zoning' ordinance and comprehensive plan. Staff recommends proval of the subdivision and waiver of the public hearing requirements subject to the applicant preparing a legal descrip- tion which is acceptable to Hennepfn County and should be prepared and submitted to the Mound City Engineer for review· Discussion: Access availability to the remaining property was discussed. The City planner explained that lot 18 is a difEicult piece to util- ize, however does not think the 30 Eeet made a substantial dtf- Eerence either one way or another on the Impact of the property, tt doe~ make tt a little more diEEicult, but It Goes not preclude access. MOTION made by Welland, seconded by Andersen to City Planners recommendation for ~pproval of the division. The motion carried unanimously. accept the Minor Sub- Case wtll be heard beEore the City council on September 27, 1988. , APPLICATION FOR SUBDIVISION OF LAND Sec. ZZ,03-a VILLAGE OF MOUND FEE OWNER PLAT PARCEL .All supportln~ documentsr such as sketch plansr surveysr attachments~ etc. must be submitted In 8½" X ]]" size end/or It copies plus one 8½" X ll" copy. (attach survey or scale drawing showing adjacent etreets, dimeflaion of proposed building sites, square foot area of each new parcel designated by number) A WAIVER IN LOT SIZE IS REQUESTED FOR: New Let No. From Sq~re feet TO ~,_,_-e~ -re f~t This application must be signed by all the OWNERS of the prc~erty, or an explon- etion given why this is not the case. PLANNINGCOMMISSIONRECOMMENDATION: Application approved subject to the applicant preparing a legal description which is acceptable to Hennepin County and should be prepared and OATE 9-12-88 ~,~hmitte~ tQ the Mound City En~ neer for review. COUNCIL ACTION DATE Resolution No. APPROVAL OF THIS DIVISION IS DEPENDENT ON THE LEVYING OF ANY DEFICIENT SPECIAL ASSESSMENTS BY WAIVER, THE FILING OF THE DIVISION AS APPROVED AND THE NECESSARY PAYMENT OF TAXESBY THE FEE OWNER WITHIN 1 YEAR FROM THE DATE OF THE Ri=SOLUTION OR IT BECOMES NULL AND VOID.. · ,,s smu, ,,usm ^cco ,^,Y s co, 85--7 . Pay on or before October 15, 1988 to avoid Penalty. 2ND HALF Please read reverse side for payment information. PAY STUB 1988 TAXPAYER OR AGENT G H WIDMER P 0 BOX 219 ST BONIFACIUS MN 55375 IPROPERTY IDENTIFICATION NO, I 13-117-24 22 0016/' MUNIC MTO COOE LOAN NUMBER PRoSp~RTY ADDRESS ' ~ ISECA~ND HALF TAX 2,386.08 241171322001600000000000023860824117132200162 DETACH pAyMENT STUB HERE BEFORE MAILING DEPARTMENT OF PROPERTY TAX AND PUBLIC RECORDS HENNEPIN COUNTY GOVERNMENT CENTER MINNEAPOLIS, MINNESOTA 55487.0063 Office Hours - 8 to, 5 - Monday - Friday Phone 348-3011 55375 OWNER OR ASSESSED NAME GODFREY H WIDMER TAXPAYER OR AGENT G H WIDMER P 0 BOX 219 ST BON~.FACTUS MN If this box is checked, you owe de- linquent taxes and may not apply for the Property Tax Refund until those taxes are paid, or you enter Into · con- fession of judgment to pay those taxes. 1. EN I EH AT LINE 10 ON FORM M-1PR 2. ENTER AT LINE 12 ON FORM M-1PR DETAIL OF CREDITS ON LINE 9: STATE SCHOOL AGRICULTURAL CREDIT STATE PAID HOI~IESTEAD CREDIT 90,000 38,700 TOTAL CREDITS (TO LINE 9) DELINQUENT TAX VALUE INFORMATION: Market value of new improvements Total market value of parcel Total assessed value of parcel State law requires that you be advised that: *THE STATE OF MINNESOTA DOES NOT RECEIVE ANY PROPERTY TAX REVENUES. THE STATE OF MINNESOTA REDUCES YOUR PROPERTY TAX BY PAYING CREDITS AND REIMBURSEMENTS ~T-O LOCAL UNITS OF GOVERNMENT. 1988 HENNEPIN COUNTY PROPERTY TAX STATEMENT TAXPAYER'S COPY PROPERTY IDENTIFICATK)N NO. ~:: ::~'~' ;"1 SCHOOL WATER * - · . ' --- MUNIC DISTRICT SHED 13-117-;~4 2:2 0016 185 277 3 ADDITION LAFAYETTE PARK LAKE MTKA LOT 0 2 6 SLOC,<- ACRES N 100 FT OF W 200 FT SUBJECT T PROPERTY ADDRESS MTG CODE LOAN NO, This property description may not be a full legal description.it used only for tax purposes. ITEMIZED STATEMENT: 3. STATE* 0.00 4. COUNTY 1,01 1.0 9 s. c~ 644.1 6 6. SCHOOL DISTRICT 1,8 6 9.4 4 7. HENNEPIN PARKS 34 · 73 7A. OTHER TAXING DISTRICTS i 8 3.3 5 7B FISCAL DISP. 804.47 8. TAX BEFORE CREDITS 9. LESS CREDITS WHICH REDUCE YOUR TAX 10. TAX AFTER CREDITS 11. ADD SPECIAL ASSESSMENTS PRINCIPAL INTEREST 4,547.24 6,547.24 107.13 117.79 72. 1988 TAX PAYABLE 4,772 · 1 6 One half of this tax is due May !5, 1988. Second half Is due October 15, 1988. (Tax of $50 or less must be paid by May 15, 1988.) PLEASE READ BACK OF FORM FOR PENALTY AND PAYMENT INFORMATION ~':Z" '.i : ! ' i ' CITy OF? MI NN_ETRIST/~ ~:' CITY OF WOUND ,, I I 0 -- ZSO-- I I '4 t awry. Port of LOt 25 r----j SEAHORSE. Hioo .-,-I I I I I I I · CO/VooMiN, - NOTE Detail of f~ ~l~m) ?'~e,e recOrC ABUTTING NEIGHBORS IN MINNETRISTA Joe Ramier JOE'S AUTO BODY 1590 County Road 110 No. Mound, MN 55364 George Gouso 1635 County Rd. 110 No. Mrs. Richard Diercks 1765 County Rd 110 No. Proposed Resolution Case No. 88-726 RESOLUTION 88- RESOLUTION WAIVING REQUIREMENTS OF SUBOIVISION ORDINANCE FOR LOT 26, LAFAYETTE PARK, LAKE NINNETONKA, PIOl 13-117-24-22-0016 Be it resolved by the City Council of the City o~f Mound: That the requirements of the Ordinance of the City of Mound, Section 330:15, relating to the conveyance of parcels of land are hereby waived to permit conveyance as follows: Thirty (30) feet sha.ll be added to the south side of the parcel, part of Government Lot 26, Lafayette Park Lake Minnetonka. (Complete Legal Description to be Prepared and Inserted) This Waiver is subject to the following conditions: 1. That failure on the part of the petitioner to record this resolution within one year from the date of this approval shall deem the resolution approval to be null and void Adopted this 27th day of September, 1988. CITY COUNCIL OF THE CITY'O.F MOUND BY Mayor ATTEST: City Clerk Proposed Resolution Case No. 88-726 RESOLUTION 88- RESOLUTION WAIVING REQUIRENEN~S OF SUBDIVISION ORDINANCE FOR LOT 26, LAFAYETTE PARK, LAKE NINNETONKA, PID~ 13-117-24-22-0016 Be it resolved by the City Council of the City of Mound: That the requirements of the Ordinance of the City of Mound, Section 330:15, relating to the conveyance of parcels of land are hereby waived to permit conveyance as follows: Thirty (30) feet sha.ll be added to the south side of the parcel, part of Government Lot 26, Lafayette Park Lake Minnetonka. (Complete Legal Description to be Prepared and Inserted) This Waiver is subject to the following conditions: 1. That failure on the part of the petitioner to record this resolution within one year from the date of this approval shall deem the resolution approval to be null and void Adopted this 27th day of September, 1988. CITY COUNCIL OF THE CITY O.F MOUND BY Mayor ATTEST: City Clerk 3030 Harbor Lane North Bldg. II, Suite 104 Minneapolis, MN 55447.2175 612/553-1950 PLANNING REPORT TO: FROM: DATE: Planning Commission and Staff Mark Koegler, City Planner September 20,.1988 SUBJECT: Minor Subdivision APPLICANT: Joel Dokken Ralph V. Reeves - Contract Holder Donald A. Knobloch - Fee Owner LOCATION: Avon Drive and Park Lane CASE NUMBER: 88-728 VHS FILE NUMBER: 88-310-A18-ZO EXISTING ZONING: R-1 COMPREHENSIVE PLAN: Single Family Residential BACKGROUND: The applicant is requesting approval of a minor subdivision to create two lots from what now exists as five separate lots. As shown on the applicant's certificate of survey, Parcel A will have 10,000 square feet of lot area and Parcel B will total 12,099 square feet. Both lots conform to the lot area requirements of the R-1 zone. RECOMNENOATION: The proposed lot split is conforming with both the zoning and subdivision ordinances of the City of Mound. Staff recommends approval. flr! s~ ~PPLICATION FOR SUBDIVISION OF LAND Sec. 22.03-a VILLAGE OF MOUND ~ . .~~ ~'~. ~ D FEE OWNER ~r~ld/~. t(nobloch PI.AT PARCEL Leeetiea md eempiete legal 4e~:riptien M pr~l~rty t~ be Avon L3ri~ All supportlng document$~ such as sketch planst surveys~ ettechments~ etc. be submitted In 8~" X I1' size end/or Ik copies plus one 8j" X I1" copy. letteeh Burvey ~ stele ~i~ ~i~ ~jK~t I~, di~tiM d ~N ~ildi~ lites, wre f~t I~1 M l~ t ~el ~si~l~ ~ ~r) A WAIVE8 IN LOT SIZE I$ REQUESTED FOR: New L. et I~k). Frmt feet TO ~luor* fNt must Ap,,,.,,'. ,,..,..I.,...,.,,,.~, . .-- ,, · 'Bfq) ¢1 ea mull be slued by ell the OWNERS OT me prq)erly, or in e~pim- It,m girt. M~y Ibis il not the cole. ~ ~'..~...~.~ .... P~ANNINGGOMMI~IONRE¢OMMENDATIOfh DATE COUNCIl. ACTION DATE APPROVAL OF THIS DIVISION IS DEPENDENT ON THE LEVYING OF ANY DEFICIENT SPECIAL ASSES~elENT$ BY WAIVER. THE FILING OF THE DIVISION A~ APPROVED AND THE NECESSARY PAYMENTOF.TAXESBY THE FEE OWNER WITHIN I YEAR FROM THE DATE OF THE RESOLUTION OR IT BECOMES NULL AND VOID.. HAILED TO HARK KOEGLER 9-2-88. pj 4'"/~ '.'~ -F~r,. ,~.-., -,~'~.~-~., be ~ . )~) Ceil 3qet~Z71 t~9/orde~/cer~t.i~f~ed Ij"~. f~/om ,,.nhe~in~un~ty er~p,rty I)lvlmlon 3030 Ha~or Lane North Bldg. II, Suite 104 Minneapolis, MN 55447.2175 612/553-1950 PLANNING REPORT TO: Planning Commission and Staff FRON: Mark Koegler, City Planner DATE: September 20,,1988 SUBJECT: Minor Subdivision APPLICANT: Gary Heines LOCATION: Corner of 110 and Dickens Lane CASE NUNBER: 88-729 VHS FILE NUNBER: 88-310-A17-ZO EXISTING ZONING: R-1 and R-3 CONPREHENSIVE PLAN: Single Family & Multi-Family Residential BACKGROUND: The applicant is proposing to redefine the boundaries of two existing lots to remove driveway frontages from County Road 110. At the present time, the area is configured in two lots, both of which front on 110. Lot 1 which lies on the east side totals approximately 9800+ square feet and Lot 2 on the west side totals approximately 9400 square feet. At the present time, Lot 1 is zoned R-1 and Lot 2 is zoned R-3. The applicant is proposing to split the lots into two equal parcels with frontage on Dickens Lane. SPlitting the two lots as proposed will result in two lots, the front half of which are zoned R-1 with the rear half zoned R- 3. Lot 9 lies immediately south of the two existing lots. Lot 9 is presently also split by the zoning line so that portions of it are also zoned R-1 and R-3. In 1985, the Planning Commission and City Council reviewed a rezoning request for this area. At that time, the property was under the ownership of Donna Smith who requested rezoning to R-2. Both staff and the Planning Commission recommended that the area be rezoned to R-3 rather than R-2. After considerable discussion at the City Council level and a failure to approve a rezoning motion to either R-2 or R-3, a variance was granted to construct homes on lots I and 9. At the present time, a home is being completed on Lot 9. As a result of past actions on this item, staff feels that the City has set a policy of allowing single family homes in this area on lots less than 10,000 square feet in size. However, the previous failure to resolve the zoning issue is now impacting the current proposal. In order to clarify this issue, it is necessary to address the zoning again. In addition to processing this request as a minor subdivision, it also needs to be considered as an application for zoning modification. Lots 2 through 6 which lie immediately west of Lot I are presently zoned R-3. Consistent with the tone of the staff reports in 1985, it still appears that the most rational course of action is the rezoning of Lots i and 9 to R-3. If this change is made, the minor subdivision will comply with the zoning ordinance and can be approved without a variance. If existing zoning remains, the new lots will need variances since they contain less than 10,000 square feet of lot area and are zoned R-1 (50%). R£COMMENDATION: Staff finds that the proposed subdivision will be beneficial since it will remove one or two driveways from County Road 110 and place them on Dickens Lane. It is also in the best interest of both the applicant and the City to finally resolve the zoning issue. Therefore, it is suggested that the Planning Commission approve the rezoning of Lot I and part of Lot 9 to R-3. Staff recommends approval of the minor subdivision subject to the following conditions: 1. The existing house, which appears to straddle the two new lots shall be removed. 2. The applicant shall coordinate utility access to the site with the City Engineer and prepare any easements necessary for the installation of services. 3. The a'pplicant shall prepare a legal description of the proposed lots that is in a form acceptable to Hennepin County. A copy of the legal description shall be submitted to the City Engineer for review prior to filing with the County. APPLICATION FOR SUBDIVISION OF LAND Sec. 22.03-a VILLAGE OF MOUND PLAT FEE $ ~. ~ PARCEL Leeatien and cemplot2 legal e. lesc£iptioe ~_f p£qeerty to be divid~J: ZONIN~ All supporting documentsr such es sketch plans, surveys, attachmentst etc. must J~e submitted in 83" X 11" size and/or t4 copi~'s plus one 8~" X I1" copy. (attach survey or scale drawing showing adjacent streets, dimension of prcpoaed IxJilding lites, square foot area of each new parcel designated by number) · A WAIVE8 IN LOT SIZE IS REQUESTED FOR: New Lot Ne. From ~quere foot TO ~luam feet f (iignature) ADDRESS Apl)ltcint'l Interest in h This application must be signed by all the OWNERS of the property, or in explin. atica given why this Jl oct the Call. PLANNING COMMISSION RECOMMENDATION: DATE COUNCIL ACTION Re~ol~ien No. DATE APPROVAL OF THIS DIVISION IS DEPENDENT ON THE LEVYING OF ANY DEFICIENT SPECIAL ASSESSMENTS BY WAIVER, THE FILING OF THE DIVISION AS APPROVED AND THE NECESSARY PAYMENTOF TAXESBY THE FEE OWNER WITHIN I YEAR FROM THE DATE OF THE RESOLUTION OR IT BECOMES NULL AND VOID.. I~,[L£D TO HARK K0£GLER 9-9-88. o, i: & RIDGEWOOO '4.~.,~ 8 ,, I I IZ ~ I/ iI ,. ; 8 g ' ~-SINCL AIR ozz /mi/ Planning Commission Advisory Workshop September 26, 1988 2. Case #88-729: Corner of 110 and Dickens Lane (6171 Bartlett Blvd.); Gary Heines; Highland Addition, Lots 1 and 2, Block 13, PID #23-117-24-31-0050/0051; MINOR SUBDIVISION. Recommendation by City Plannert Mark Koegler The applicant is proposing to redefine the boundaries of two ex- isting )ots, to remove driveway frontages from County Road 110 and place them on Dickens Lane. Lot I lies on the East side and totals about 9800 square feet, Lot 2 lies on the west side and total approximately 9400 square feet. Presently Lot I is zone R- I and Lot 2 is zoned R-3, and Lot 9 which is south of their is zoned half R-l, half R-3. This area has been reviewed before, in 1985, when it was owned by Donna Smith, and there was great con- sternation looking back at the minutes, the City Council never changed the zoning, however, in the end a variance was granted which allowed construction of a house on Lots 9, I and 2. It appears 'that the most rational course of action is the rezon- lng of Lots ! and 9 to R-3. If this change is made, the minor Subdivision will comply with the zoning ordinance and can be ap- proved without a variance. If existing zoning remains, the new lots will need variances since they contain less than 10,000 square feet of area and are zoned R-1. Staff finds the proposed subdivision will be beneficial since it will remove one or two driveways from County Road 110 and place them on Dickens Lane. It is also the best interest of both the applicant and the City to finally resolve the zoning issue. Therefore, it is suggested that the Planning Commission approve the rezoning of Lot I and part of Lot 9 to R-3. Staff recommends approval of the minor subdivision subject to the following conditions: 1. The existing house which appears to straddle the two new lots shall be removed. 2. The applicant shall coordinate utility access to the site with the City Engineer and prepare any easements necessary for the installation of services. 3. The applicant shall prepare a legal description of the proposed lots that is in the Form acceptable to Hennepin County. A copy of the legal description shall be submitted to the City Engineer For review prior to Filing with the County. 4 There is also the issue of an outstanding unit charge for street of $1,768.45 which would be applicable with this lot. Discussion Building Official, Jan Bertrand added that the applicant, Gary Heines was concerned about the trees on the lots, considering the required setbacks. Gary Heines was present and handed out draw- ings of the lots which showed the location of some very large trees. Mr. Heines would like to save as many trees as possible. His request refers to the corner lot on County Road 110 and Dick- ens Lane. The required setbacks are 30 Feet on each road, however, he would like a 10 Foot variance on the Dickens Lane side of the lot due to a 3 Foot map)e tree in the rear of the lot. Thal expressed a concern with Mr. Heines' house being in line with his neighbors, and possible interference with site line. Mr. Haines commented that the house next door is 23 feet from the curb, and his house would actually be 3] feet from the curb. Due to a ]! foot sewer easement, the house would be 20 feet From the property line. Zoning history of this property was discussed. City Planner reviewed the three parts of Mr. Heines request, the zoning request, the subdivision, and the !0 foot variance which is due to the trees which he feels is a substantial hardship. Mr. Haines passed out pictures of the trees to the CommisSion. MOTION moved by Thai, seconded by Jansen to approve rezoning of Lot I and part of Lot 9, Block 13, Highland Addition, From R-I to R-3; to approve 10 foot variance off of Dickens For Parcel A {see Exhibit A) to preserve the t~~~ · approve subdiv.ision per staff recommendation~suoject to items l, 2 and 3 including outstanding street unit charge of $1,768.45; and subject to driveway access being on Dickens Lane. Motion carried unanimously. City Council to set public hearing for rezoning on. September 27, 1988 to appear at City Council meeting on October 25, 1988. The Building OFFicial commented on the situation of the lots as they stand.. There are two lots 50 feet by 190 feet, both lots presently have variances to build two houses, north and south. There is a better opportunity to put today's style of home on the proposed configuration. The current lot area is undersized for R-1. Street access will be on Dickens rather than County Road IlO. 5 LAKE 402 EAST LAKE STREET WAYZATA, MINNESOTA 55391 TELEPHONE 612/473-7033 BOARD MEMBERS Robert Rascop, Chairman Shorewood JoEIlen Hurt, Vice Chairman Orono Carl H, Weisser, Secretary Excelsior Mark Westlund, Treasurer Wayzata Marvin Bjorlin Tonka Bay Jan Boswinkel ainnetonka Seach David Cochran Greenwood Albert O. Foster Deephaven Eon Kraemer Spring Park John Lewman ainnetrista John G. aalinka Victoria Robert K. Pillsbury Minnetonka Thomas W. Reese Mound Robert E, Slocum Woodland ,'..- l .","/-¢ MINNETONKA CONSERVATION DISTRICT EUGENE R. STROMMEN, EXECUTIVE DIRECioR TO: The Honorable Steve Smith, Mayo~~ Edward Shukle, Mound Manager~ FROM: LMCD Board Chairman Robert Rascop SUB J: Appointment of Director to the LMCD Board DATE: September 1, 1988 The term of your appointed LMCD Director expires September 30, 1988. These three-year terms provide your City direct input on the proceedings of the I~CD Board. The state statute governing the LMCD Board of Directors re- quires the Director's election by the City's governing body, namely, your City Council. We invite you to prepare for this selection process during September. Your notification of our office by a copy of the City Council minutes or other official communication is requested promptly upon the Council's action. You will be interested to know that the LMCD Board will be electing new officers at its September 28 meeting. Your Director is your voice on all LMCD board proceedings and programs. Regular reports to the Council from your repre- sentative are encouraged and expected. Likewise, the Council's concerns and interest are expected to be conveyed to the LMCD Board. Your Director, Tom Reese, attended meetings as noted below: No. Attended No. of Meetings Board of Directors Dock/Environment Committee Lake Use Committee 19 22 22 25 18 18 Meeting attendance is not intended as a sole cirteria of your Director's effectiveness. The information exchange between your City and the LMCD Board is a matter of signifi- cance in your Director's effectiveness. The first meeting of the 1988-1989 Board will be 7:30 p.m., Wednesday, October 26, at the Tonka Bay City Hall. Thank you for your thoughtful attention to this important selection. RR:ERS:jlm CORTLEN G. CLOUTIER JAMES M. MUSECH JOSEPH F. LYONS.LEON~ CLOUTIER & MUSECH ATTORNEYS AT LAW 200 MAR TEN BUILDING 92 I MARQUETTE AVENUE SOUTH MINNEAPOLIS. MINNESOTA 55402-3291 TELEPHONE (6 I 2) 332-5 I OO September 9, 1988 LEGAL ASSISTANTS OTIS R. MAYS DIANE KRAWCZYNSKI MARY L. SNYDER EARNEST T. HUTCHINSON SEP i 2, ::CS3 Mr. Curtis Pearson Attorney at Law 120 South Sixth Street Suite 1100 Minneapolis, MN 55A02 Dear Mr. Pearson: In accordance with our phone conversation of September 9, 1988, I am enclosing a copy of the title opinion rendered by attorney William R. Koenig raising a title objection concerning a reversionary interest in favor of the City of Mound as more specifically set forth in Paragraph No. 3 of the title opinion. A request is made for a release of this reversionary interest Yours very truly, James M. Musech JMM:daq Enclosure cc: Ed Schukle CITY of MOUND September 28, 1988 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 Mr. William R. Koenig Johnson, Wood, Phleger & Bigelow 2305 Commerce Blvd. Mound, MN. 55364 RE: ESCROW AGREEMENT & DEEDS - CENTURY AUTO BODY Dear Mr. Koenig: Enclosed are three copies of the Escrow Agreement between the State Bank of Mound and the City of Mound. They have all been signed by the City Attorney, Curtis Pearson, but have not been signed by you or Mr. Cossette. Would have one set signed and returned to me. Also enclosed are the executed Quit Claim Deeds, marked Exhibit A and Exhibit B. I will assume that our Planning Dept. will keep you informed as to the progress of the Conditional Use Permit for Mr. Cossette.. Sincerely, Fran Clark, City Clerk fc enc. cc: Jan Bertrand, Building Official An equal opportunity Employer that does not discriminate on the basis of race, color, national origin, or handicapped status in the admission or access to, or treatment or employment in, its programs and acbwt~es ESCROW AGREEHENT This Agreement made and entered into on this day of September, 1988, by and between William R. Koenig, as attorney for the State Bank of Mound, hereinafter referred to as "Escrow Agent" and Curtis A. Pearson, as attorney for the City of Mound, hereinafter referred to as "City". That the property that is the subject matter of this Escrow Agreement is located in the County of Hennepin, State of Minnesota and described as follows: The Westerly 50 feet of Lot 6, Auditor's Subdivision No. 170. The City herein is Grantor in a certain Warranty Deed relating to the above property, dated February 14, 1967 and filed March 10, 1967 as Document No. 3647462 and did impose a condition in said Deed and reserve unto the City a possibility of Reverter and Right of Re-Entry in the event of a violation of said conditions in said Deed and also an easement to maintain a Siren. on said premises. That the City is willing to relieve the property of the Right of Reverter and Re-Entry upon the following conditions: That the present owner and occupant of the Premises, namely Cossette Properties, Inc. will apply for and obtain a Special Use Permit for said property from the City of Mound. If said Special Use Permit is granted by the City, the City will relieve the property of said Right of Reverter and Re-Entry and said William R. Koenig shall be authorized to file the executed Deed attached hereto and made a part hereof and referred to as Deed "A". 2. That in the event a Special Use Permit is not granted Cossette Properties, Inc. by the City of Mound, t~en, in · that event, the Escrow Agent herein shall be authorized to file the executed Deed from the City of Mound as set forth on the document attached hereto and marked Exhibit 'B', with restrictions on use, but without any reversionary clause. That in any event, it is understood and agreed that Cossette Properties, Inc. will immediately make application for a Special Use Permit for said Lot and will agree to be bound by its terms and conditions and the City of Mound will agree to immediately consider any application made by said Cossette Properties, Inc. for a Special Use Permit as expeditiously as permitted by the ordinances and regulations of the City of Mound. JOHNSON, WOOD, PHLEGER & BIGELOW By: William R. Koenig 2305 Commerce Boulevard Mound, Minnesota 55364 (612) 472-1060 Atty,. Reg. No. 57319 CITY OF MOUND ~ Curtis A. Pearson Attorney for City of Mound The above consented to by Cossette Properties, Inc. by James Cossette, President. Cossette Properties, Inc. By: James Cossette, President ~ EXHIBIT "A" Fgrm NO..31-M ~QUIT CLAIM DEED ..... Mb~neso~UnHo?m ConveY=cing B~ Op~8) . Mmer-Oevis Co., Minne.po, is Corporation or Partnership to Corpor~ion or Parmership No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No. ,19__ County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: September 27 ,19 ,88 (reserved for recording data) under the laws of FOR VALUABLE CONSIDERATION, City of Mound , a manicipal corporation Minnesota , Grantor, hereby conveys and quitclaims to Cossette Properties, Inc. a corporation under the laws of Minnesota H~nnepin County, Minnesota, described as follows: , Grantee, , real property in The Westerly 50 feet of Lot 6,. Auditor's Subdivision No. 170. This Quit Claim Deed is delivered to quit claim and release to the Grantee herein the reversionary interest of the Grantor with rights of re-entry referred to in that certain Warranty Deed relating to the herein described property from the Village of Mound to Howard C. Orn and Phyllis E. Om, dated February 14, 1967 and filed of record March 10, 1967 as Document No. 3647462, files of the Registrar of Titles. (if more space is needed, continue on back) together with all hereditaments and appurtenances belonging thereto. Affix Deed Tax Stamp Here STATE OF MINNESOTA COUNTY OF Hennepin The foregoing was acknowledged before me this by Steve Smith the Ma yo r of City of Mound under the laws of Minnesota .... ;/i~'~i~ ii'~ii;'-~i~-~i~'~i;'"i3R J[~ :. g, HENNEPIN COUNT~ THIS INSTRUMENT WAS D~FTED BY Willi~ R. K~nig JO~N, ~D, ~~ & BIG~W 2305 ~erce Blvd. M~d, ~ 55364 (612) 472-1060 Atty. Reg. No. 57319 27th day of September ,19 88 , and Edward J. Shukle~ Jr. and City Manager , a mmicipal corporation , on behalf of the corporation . SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tax Statements for the real property described in thi~ instrument should be sent to (Include name and addrees of Grantee): Cossette Properties, 5533 Shoreline Blvd. Mound, MN 55364 Inc. · ~ EXfilBIT "B" .' ~FoFm No. 3~:M--QUIT CLAIM DEED ........... Mtn~,~s0~ ~ni~or~ ~?n~y~chE B~ (~978) _ Co.rotan or Pa~ner~ip tO Co~or~ion or Pa~ner~ip No delinquent ~es =nd t=~sfe~ en~red; Ce~fifica~ of ~e~ ~s~a~ V~ue ( ) ~ ( ) not requ~ed Certifica~ of ReM Esm~ V~ue No. ,19 __ County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: Sept~r 27 ,19 88 FOR VALUABLE CONSIDERATION, City of Mound Miller-Davis C~).. Minneapo!.~? Minnesota Cossette Properties, Inc. a municipal corporation Hennepin · (reserved for recording data) , a municipal corporation under the laws of , Grantor, hereby conveys and quitclaims to , Grantee, under the laws of Minnesota County, Minnesota, described as follows: , real property in The Westerly 50 feet of Lot 6, Auditor's Subdivision No. 170. This Quit Claim Deed is delivered to quit claim and release to the Grantee herein the reversionary interest of the Grantor with rights of re-entry referred to in that certain Warranty Deed relating to the herein described property from the Village Of Mound to Howard C. Orn and Phyllis E. Om, dated February 14, 1967 and filed of record March 10, 1967 as Document No. 3647462, files of the Registrar of Titles. Subject to the following covenants, conditions and restrictions: 1. Use of the property shou]d be ]|mired to: a. Auto body repair b. Boat repair buildi~more~paceisn~ded, continue on back): (see other side) C. Boat trailer together with al]hereditamentsand appurtenances belonging thereto, Affix Deed Tax Stamp Here STATE OF MINNESOTA COUNTY OF Hennepin SS. The foregoing wasacknowledged before methis by Steve Smith the Mayor of City of Mound under the laws of Minnesotg ..... ~'~'2'~12L s T ~7"j~-~-~'£'"ij~--~Y~E-~'"~'i'~'£~.-'j~-R A N K~ ~ %~:,4- :i~ .ENNEPIN COUNTY TInS InStrUMeNT WXS ~FT~ ~Y : Willi~ R. K~nig JO~ ~D~ P~G~ & BIG~W 2305 ~r~ Blvd. Mo~d, ~ 55364 (612) 472-1~0 Atty. Reg. No. 57319 27th day of Septq~mb_er ,19 88 , and Edward J, Shukle, Jr, ., and City Manaqer , a nm_micipal corporation , on behalf of the municipal corporation . SIGNATURE OF PERSON TAKING ACKNOWLEDGMENT Tax Statements for the re~ prope~y desc~bed m th~ ~g~t ~o~d be sent to (Include name a~ address of Grantee): Cossette Properties, Inc. 5533 Shoreline Blvd. Mound, MN 55364 d. Welding e. Other approved uses in this ~zoning district. 2. That no flags, banners or flashing lights be permitted; also no loud noises or noises over loudspeakers be permitted. 3. The premises be maintained in a neat and orderly manner~ 4. That the permit holder be prohibited fFom using the Central Business District (CBD) parking area for storage and parking operations. Employee and customer parking in the CBD lots shall comply with all Mound parking regulations. '5. All signage to comply with Mound Sign Ordinance within 90 days of date of the deed or the City Council approval of conditional use permit. 6. 'Fencing shall comply with Sections 23.415 of the Mound Zoning Code and parked and stored items shall not exceed the height of the fence. The property shall also comply with Performance Standard Requirements of Section 7 of the Mound Zoning Code. 7. All trash and waste auto parts shall be kept within screened enclosures. CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 September 27, 1988 TO: FROM: RE: MAYOR AND CITY COUNCIL ~...~. REVERSIONARY INTEREST RELEASE - ARCO/CENTURY INC. Attached you will find an escrow agreement that has been drafted by Bill Koenig on behalf of the State Bank of Mound with regard to the Reversionary Interest Release that is being requested from the City of Mound at the ARCO/Century Auto Body location. The escrow agreement suggests, that a conditional use permit is to be applied for by Mr. Vic Cossette. Mr. Cossette has filed an application for a conditional use permit. Curt Pearson, City Attorney, has discussed the conditions that should be included within the conditional use permit with Mark Koegler, City Planner. Although a full review of the permit application has yet to be undertaken, Mark has listed the following conditions to be incorporated into the conditional use permit: 1. Use of the property should be limited to: a. Auto body repair b. Boat repair c. Boat trailer building d. Welding - ~ S~~ ~ L'r'-'r ~¢~'V~,~~. 2. That no flags, banners or flashing lights be permitted; also no loud noises or noises over loudspeakers be permitted. The premises be maintained in a neat and orderly manner. 4. That the permit holder be prohibited from using the Central Business District (CBD) parking area for storage and repair operations. Employee and customer parking in the CBD lots shall comply with all Mound parking regulations. An equal opportunity Employer that does not discriminate on the basis of race, color, national origin, or handicapped status in the admission or access to, or treatment or employment in, its programs and activities. 5. All signage to comply with Mound Sign Ordinance within 90 days of date.~.City Council approval of conditional use permit. 6. Fencing shall comply with Sections 23.415 of the Mound Zoning Code and parked and stored items shall not exceed the height of the fence. The property shall also comply with Performance Standard Requirements of Section 7 of the Mound Zoning Code. 7. Ail trash and waste auto parts shall be kept within screened enclosures. As I stated above, Mark has indicated that a full review of the permit application still needs to be done. The above conditions are those that have been developed by the City Planner and Building Official, as it relates to the operation of this business. ES:I s ESCROW AGREENENT This Agreement made and entered into on this day of September, 1988, by and between William R. Koenig, as attorney for the State Bank of Mound, hereinafter referred to as "Escrow Agent" and Curtis A. Pearson, as attorney for the City of Mound, hereinafter referred to as "City". That the property that is the subject matter of this Escrow Agreement is located in the County of Hennepin, State of Minnesota and described as follows: The Westerly 50 feet of Lot 6, Auditor's Subdivision No. 170. The City herein is Grantor in a certain Warranty Deed relating to the above property, dated February 14, 1967 and filed March 10, 1967 as Document No. 3647462 and did impose a condition in said Deed and reserve unto the City a possibility of Reverter and Right of Re-Entry in the event of a violation of said conditions in said Deed and also an easement to maintain a siren. on said premises. That the City is willing to relieve the property of the Righ~ of Reverter and Re-Entry upon the following conditions: 1. That the present owner and occupant of the premises, namely Cossette Properties, Inc. will apply for and obtain a Special Use Permit for said property from the City of Mound. If said Special Use Permit is granted by the City, the City will relieve the property of said Right of Reverter and Re-Entry and said William R. Koenig shall be authorized to file the executed Deed attached hereto and made a part hereof and referred to as Deed 2. That in the event a Special Use Permit is not granted Cossette Properties, Inc. by the City of Mound, then, in that event, the Escrow Agent herein shall be authorized to file the executed Deed from the City of Mound as set £or~h on the document attached hereto and marked Exhibit "B", with restrictions on use, but without any reversionary clause. That in any event, it is understood and agreed that Cossette Properties, Inc. will immediately make application for a Special Use Permit for said Lot and will agree to be bound by its terms and conditions and the City of Mound will agree to immediately consider any application made by said Cossette Properties, Inc. for a Special Use Permit as expeditiously as permitted by the ordinances and regulations of the City of Mound. JOHNSON, WOOD, PHLEGER & BIGELOW By: William R. Koenig 2305 Commerce Boulevard Mound, Minnesota 55364 (612) 472-1060 Atty. Reg. No. 57319 CITY OF MOUND By: Curtis A. Pearson Attorney for City of Mound The above consented to by Cossette Properties, Inc. by James Cossette, President. Cossette Properties, Inc. By: James Cossette, President No. 31-M-QUIT CLAIM DEED CorDoclttOO of EXHIBIT "B" No delinquent taxes and transfer entered; Certificate of Real Estate Value ( ) filed ( ) not required Certificate of Real Estate Value No County Auditor by Deput), STATE DEED TAX DUE HEREON: $ Date: September ,19,88 (reserved for recording data) FOR vALUABLE CONSIDERATION, City of Mound , a "~'n~C!Pa~ oorporat~.on under the laws oz ~nne~ta , Gr~r, hereby conveys ~d q~l~ms ~tte ~tes, Inc. a ... ~icipal ~ration under the laws of ~ta , G~, ~ep~ County, Minneso~, descried ~e W~terly ~ f~t of ~t 6, ~di~y's ~ivision No. 170. ~is ~it Cla~ ~ is deliver~ ~ ~it cla~ ~d ~le~ to ~e O~t~ he~ the ~ve~ion~ inte~st of %~ G~tor wi~ rights of ~ ~o ~ C. ~ ~d ~yllis E. ~, dat~ Yeb~ 14, ~7 ~ fil~ of r~ ~ 10, 1~7 ~ ~nt ~. ~7462, fil~ of the ~istr~ of Title. ~bJ~t to the foll~ ~ts, ~i~io~ ~d ~tri~ions: (If mo~e ~ Il ~#(~0 continu~ on together with all hereditaments and appurtenances belonging thereto. ,, City of Mound \!'!'l:~ [),'t'(i ]';l~ 'd;ullU ;{,'1~' By Its STATE OF MINNESOTA ) COUNTY OF Hennepin t m. The foregoing was acknowledged before me this . by the of City of M~n~ under the laws of Minnesotlt NOTARIAL STAMP OR SEAL (OR oTHER TITLte OR RAN~} THIS INSTRUMENT WAS ORA~e~'~)'~ (NAME ANO~%OORESI): William R. K~nig J~ ~, P~ ~ BI~ , ~ 553~ 472-1~ R~. No. 5~19 By and and Its day of September ,1988 , , a municipa/ corporation IIGNATURa OF PERSON TAKING ACKNOWLEDOM~,NT Tax S~at~men~ for the ~ ~y ~b~ ~ ~ ~t ~ , on behalf of the municipal corporm~ion Fmfm Ne. 31-M--QUIT CLAIM DEED Mm E)~'[~L~T_ 'tA" No delinquen~ ~fl and ~sfer en~r~; ~r~fica~ of R~ Es~ Value ( } fil~ ( ) not requ~ ~fica~ of Re~ Es~ V~ue No. County Auditor by Deputy STATE DEED TAX DUE HEREON: $ Date: FOR VALUABLE CONSIDERATION, , ,~9_~ City of Mound (reserved for recording data) , a . mmicipa.l corporation under the laws of Minnesota , Grantor, hereby conveys and quitclaims to 0ossette Pro~rties. Inc. , Grantee, corno~atioll under the laws of Minnesota , mai property in Henneoin County, Minnesota, described as follows: The Westerly 50 feet of Lot 6, Auditor's Subdivision No. 170. This Quit Claim Dee~ is delivert~t to quit claim and release to ~he Grantee herein the reversionary interest of the Grantor with rights of re-entry referred to in that certain Warranty Deed relating to the herein describ~d property 2r~u the Village of Mound to I~ C. Om and Phyllis E. Om, dated Yebruary 14, 1967 and filed of record March 10, 1967 as Do~_,r~__~t No. 3647462, files of the Registra~ of Titles. {if rno~e W~ce is needed, continue on back) together with all hereditaments and appurtenances belonging thereto. By Its STATE OF MINNESOTA COUNTY OF Hennepln si. The foregoing was acknowledged before me this by the of City of Mound under the laws of Minnesota . NOTARIAL STAMP OR SEAL {OR O~H£R ?{TLI Ok ]tANK) TN~S 'NSTRUMENT WAS OR~'~'~-~ ~NAMR A~DiDD~ESS): [ ...... i~ R. K~n~ ~, ~, ~ t BIG~ 5 ~r~ Blvd, ~, ~ 55364 2) 472-1~ V. ~. ~. 57319 By day of. September ,19...88 , and , a municipal corporation , on behalf of the corporation Cossette Properties, Inc. 5533 Shoreline Blvd. Mound, MN 55364 PETER V,( JOHNSON GAR~ L. PIILEGER WARRE~ V. BIGE~)W, JR. ANN c. SCIIUI.7 c. ~O~ MASSIE I~RIC C. DAMMEYER MICttAEL V. KNI(;IIT September 8, 1988 I./9,V OFFICES WOOD, IqtLEGER & BIGELOW MO[IND. MINNESOTA 53164 16121 472.1t~) 7 l0 E,\.gT LAKE .q'IRI/I."I' WAYZATA. MINNI;SOTA TELEPI ION1:' 'I'ELEcoI'IER Il,12) 475.0 Ill REl'l.Y WILLIAM R. KOENIG JA;,$E,"; M. VEN'i'URA T ¢;IIRIS STEV.~RT ."ilEPIIEN A. I'ALMER (. ~ (~, ~ ~N.~l' I. I:AI{I.E I. NIt!DEI{LUECI(£ J.*'~MES 13. M~ KINNON State Bank of Mound 2220 Commerce Blvd. Mound, MN 55364 Attention Jerry Pietrowski RE: Lot 5 and the Westerly 50 feet of Lot 6, Auditor's Subdivision Number 170. (Cossette Properties, Inc.) Dear Jerry: I have examined Abstracts relating to the above-described property. There are two Abstracts involved; one covering, in part, Lot 6, Auditor's Subdivision Number 170 and the other extended as to both Lot 5 and Lot 6. The latter Abstract contains 169 Entires and is extended to April 27, 1988. This is not a current extension and it will be necessary to update the Abstract to a current date. However, as per your request, I am giving you an opinion based on this Abstract extended as to that latter date. Based upon my examination of the Abstract, I am of the opinion that the fee owner of the property in question is Charles Robert Hess. His ownership is subject to the fo]lowing: 1. Subject to the statutory interest of his spouse, if married. 2. At Entry No. 156 in the Abstract, there is a recording of a Contract for Deed from Jeffrey C. Gustafson, single, to Cossette. Partners, a Minnesota Partnership consisting of James R. Cossette and others. This Contract is dated January 6, 1981 and recorded January 20, 1981 as Document No. 4619355. It agrees to convey Lot 5, Auditor's Subdivision Number 170 and the Westerly 50 feet of Lot 6, Auditor's Subdivision-Number 170 for a purchase price of $130,000.00, with $10,000.00 cash paid down and $107,211.00 by assuming and agreeing to pay according to its terms a certain Purchase Agreement and Contract for Deed, dated October 3, 1978 between Charles Robert Hess, Vendor and Jeffrey Mr. Jerry Pietrowski September 8, 1988 Page Two C. Gustafson, Vendee. This Contract has a due date of May 1, 1988, which has now gone by. There is no evidence of a cancellation of this Contract. However, I call this to your attention in that there is an unrecorded Contract running from Robert Hess to Jeffrey C. Gustafson and the only reference to it in the Abstract is referred to in the Contract for Deed between Gustafson and Cossette. It will be necessary to get a Deed from fee owner, Hesse, to Gustafson and Gustafson to Cossette Properties, Inc., a Minnesota corporation who took an assignment of that vendee's interest running to the partnership by Quit Claim dated january 8, 1981 and recorded January 20, 1981 as Document No. 4619356. 3. At Entry No. 138 in the Abstract, there is a Deed from the City of Mound to one of the prior fee owners, namely Howard C. and Phyllis E. Om, covering the West 50 feet of Lot 6. That Deed is dated February 14, 1967 and was fi]ed of record March 10, 1967 in Book 2581 of Deeds, Page 149. That Deed reserves an easement for continued existence, use and maintenance of a fire siren thereon, until such time as the village or its successors elect to remove the same. The village is entit].ed to maintain the. siren tower upon the Westerly 20 feet of the Southerly 24 feet of said Lot 6, until 6 months after receipt of a written notice from the owner of the underlying fee of the intent to build thereon and the village or its successors may then, by written notice to the owner, require provision upon said building for the installation of a fire siren and access thereto for continued maintenance. If no such written notices be given to the owner within 6 months, then said easement shall terminate, ! believe that fire siren is still located on the property. There is a further objectionable feature that effects the marketability of title to this Lot and that is that the conveyance is made upon "the express condition that if said party of the second part, their heirs, executors, administrators or assigns cause or permit outdoor storage of autos, auto parts or refuse upon said premises, unsuitably fenced or screened, so as to be removed from public view, then the Estate hereby conveyed shall revert to and revest in said party of the first part, its successors or assigns and it shall be ].awful for it to then re-enter upon the premises hereby conveyed. This reversionary interest affects the marketability of title to said Lot. I realize that a fence has been set up, covering a part of this property, but whether it meets with the approval of the City is another problem. 'Cossette Properties, Inc. should obtain from the City of Mound a Quit Claim releasing that reversionary interest to make title marketable. 4. At Entry No. 162 in the Abstract, there is a Mechanic's Mr. Jerry Pietrowski September 8, 1988 Page Three Lien dated January 11, 1985 and recorded January 21, 1985 as Document No. 4960744 in the amount of $4,743.20. The first item is dated August 30, 1984 and the last item is October 1, 1984. There is no Notice of Lis Pendens filed of record and pursuant to the Minnesota standards, the right to proceed on the lien claim expires one year from the date of the last item of material delivered, which was October 1, 1984. Therefore, this lien is no longer enforceable. 5. Subject to that part taken for Hennepin State Aid Highway No. 15 as shown on the plat of said road and referred to at Entry No. 163 in the Abstract. 6. At Entry No. 164 in the Abstract, there is a Notice of Federal Tax Lien filed against a Jeffrey Charles Gustafson, dated March 4, 1982 and recorded March 8, 1982, Document No. 4704215 in the amount of of $1,520.34. The Tax Lien may be ignored if more than 6 years and 30 days has expired since the date of examination, but it must be kept in mind that the extension date of this Abstract is April 27, 1988 and therefore the full 6 years and 30 days had not expired. It wi]] be necessary to recertify as to whether or not there has been a refi]ing of this lien and if so, and it is against the Jeffrey Charles Gustafson in the chain of tit]e, the lien must be satisfied of record. 7. The Judgment and Tax Lien Search shows a Judgment against a Jeffrey Gustafson at 5533 Shoreline Boulevard, Mound, Minnesota by a Sally Armitage. The Judgment is dated December 2, 1980 and docketed September 18, 1981 as Case No. 783199 in. the amount of $1,826.74. The attorney of record is Wells H. Anderson. If this Judgment is against the Gustafson in the chain ~of title, then Lhe Judgment must be satisfied of record or an appropriate re]ease of this property obtained and filed of record. 8. There is a Judgment shown by Cominco American, Inc. v. Robert Hesse, R.R. 2, Box 173, South Haven, MN. The Judgment amount is $3,828.88. The Judgment was obtained on February 7, 1985 and docketed February 7, 1985 as Case Number 85-00592 by Rider, Bennet, et al. as attorneys. If this Judgment is against the same Hesse in the chain of title, then this Judgment will have to-be satisfied or an appropriate Affidavit obtained and fi]ed of reco~.d. 9. The Abstract indicates that taxes for 1986 and prior years have been paid. Taxes for 1987 amount to $4,195.00; $4,184.87 has been paid, and the balance delinquent, plus penalty and interest on Lot 5, Auditor's Subdivision Number 170. Mr. Jerry Pietrowski September 8, 1988 Page Four Taxes for 1987 and prior years paid on the balance of the description. Taxes for 1988 in the amount of $4,523.44 not paid. The base tax is $3,698.80, which would indicate there are special assessments levied against the premises. Additional taxes amount to $687.94 not paid, with a base tax of $544.08, which would indicate that there are special assessments levied against that parcel. Taxes are assessed in the name of Hess as Non-Homestead, Plat 61290, Parcel 1200, Property I.D. No. 13-117-24-33-0007 and 0008, Mound ~85. 10. Subject to rights of parties in possession of the property, other than the fee owners and contract vendees herein referred to, if'any. 11. Subject to facts which might be ascertained by an actual survey of the property in question. As you can see, there are some problems to be resolved with regard to this property. In the first instance, there is the possibil, ity of reverter running to the City of Mound over the West 50 .feet of Lot 6, Auditor's Subdivision Number 170. The easement, itself, is probably of no concern, but the possibility of reverter is. There is also the matter of the Judgments and Liens herein referred to and the updating of the Abstract to make certain that there have been no changes in the condition of title. Thank you. Very truly yours, JOHNSON,. WOOD, PHLEGER & BIGELOW William R. Koenig WRK: ski ~=~tion o~ an ~-ac~ of title or a :A~c~ry of ~e 1~ ~~. the ~,~ as title in~r~'~ a~ that's are s~na ~,t. te~-s w~i~ ~d aff~: y~ .' to ~e p~~ but ~,~d not n~ea~' ~ ~ of the la~ r~. ~e foll~ e_~l~ ~ ncr ~ustive ~t ~ ~:et fo~ to qive you ~ id~ of you ~y wid~ tz> inve~t~ga~ l) rdgb_t~__ar_i..s, ju3 £mz ~.~;?-3CASi~). czmtJnuc~ use for certain time per: ~cr. cac~.mentn of driveways, drai~hge dit~zhes, t'~i]dJngs, fe. nr~es, etc., ar~ lccatJ¢,n of b~'~la~%, ].incs c~.:] l~ de~:e~ninc',~ by 'Ju.w~,y and ~nzpection. i) .t¢;maibt,' l,~.:'k:::',[,: I l.-I'~ I'i,'ll~r:':. rf i~rCr/rn~:.nt::~ haw'. lw. en m'~de t'D tile pi~ U~ .in ~e abstra~ sJn~ it Js not yet of r~Y=)~M. I. ccal g~arnirx] bcd[es 'r~%~trict pri~per~.y [~.' .~ var'~s zon~rrj' ]~,~, building re~ulatior~, ~ence rcx]ulatJcn.~, sat3.~ck pz~visJorL~, etc. If you plan hr~rovej %'o yc~ar prc~'-ty ol- :';}'~.-cializcd ['~ y~ -:hou]d ]'~ aware of th'.~e ~ir~n~_nts. 4) ~..~9..'i,%.l....;.,.:.;s_e_'}'..m~.:~1t.S. You c~OtLld a'.;s~t'e yourself of th~ exJstenc~ z~mt of any ]c~'-%l ~q'~.Jal as:;es-~n~ents nc~; ]evjc~ or p~ling to be. levie~ municipal impr~:e..-~_nts such as water, sewer, 9uttar, etc. Thls %~Lld r~ inquiry frc:~ the m~niciD31ity. 5) Sanib.Ary___f. Ac_~.l.!t..i_e_~___a..~J.._.w_~_t.e..r:. You s~',ould knox, .,~ether the property privat~ well or ImnicJ~,~]. war'.er m,l %berber tJ~,-'l~: i:; a private sept].c syst~ .~:nici~x%l ~Zste~n. qbe c~.itJon of t3~,a s%'stem, ~ute[- capacity aD:] w~ter quali~. all ~att~rs you ~' want to h~iiz~ about. 6) .U_r~id_._.v..t_i.l i.t.y._b.i_~.!D. If thero, are utiiJty bills agair~t the municipalities ~m~ke t~%e~e a lien aga.i~t the plq.~:~d:y if n~ ~id ~ ~ller. 7) Sotl c%v~litJ.o~t~.. Is ~e ~11 of g~t ~lity b~ su;~ ~e f~tic any cont~lat&~] ~;t~;ct~es a~ l~%.'e ~ere k~ ~.~t.er problems? 8) [l!~C,~ .... t.~ _a.:~b~l~. If y~m~ (~n~y the pro~ as y~ pr d,~ell~3 you Sl;,'All;i [ile ha~:;te~a,l %'ith lira l~nl g~eIni~] offi~ to ~. favor~le ~al ~tuat,? tn:¢ tl'eatimult. titt~ to pe~.Jom%! p~,:p~Ty t~u~ you m';y l~ ~:u'],,~dnq with the re~l estate.. l'loz'~i~! t'.'-~act.io~l a bill of ~'.%le FJ~cxt[d L~: pi~]ided for the per~nal pro~ separate from the dee~ or contract t~.Jati]~] to the re-al estate and ther~ s~.ou! asstLt=~ce thezu is ~'~ .-~curity interest couer, j.~:3 t~%e per-~cnul pr~pe, rty. CITY of MOUND 5341 MAYWOOD ROAD MOUND. MhNNESOTA 55364 (612) 472-1155 September 23, 1988 TO: FROM: RE: MAYOR AND CITY COUNCIL ~.., ED SHUKLE, CITY MANAGER POSSIBLE PARKING OPTIONS FOR PUBLIC WORKS EMPLOYEES AT NEW FACILITY We have spoken to Bill Clark of Bill Clark 0il and Cambridge Properties, the property manager for Balboa. Bill Clark 0il had indicated that he does not have any area available for parking. Cambridge Properties has indicated that they'would be willing to work something out with the Ctiy. As of today, Cambridge had not spoken with Balboa's owners, but had cleared it through Toro. As it stands, I should know by Tuesday evening whether or not the City would be allowed to lease 5-10 parking spaces on the far westerly lot, west of the Toro 'Company trailers. Cambridge estimated $25 per space, thus if 10 spaces were leased (I think extra spaces should be available for overflow parking) this would bring the total monthly cost to $250 per month or $3000 per year. I would emphasize that this would be a month to month lease. As I see it, it should be temporary until such time that something better would be available on a permanent basis. I did not contact Randy Bickman regarding his property, because the last time we talked to Randy regarding parking the general contractor's office trailer and related equipment, he was looking at $4000 for approximately a 5-6 month time period. ES:is Mr. Steve Smith Mound Mayor 2710 Clare Lane Mound, MN 55364 September 16, 1988 Mr. Ed Shukle City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Re: Susan Morrisey, 2108 Belmont Lane/abutting City Park Property Tonkawood and Belmont Dear Ed: I know that Jim is busy but would you please ask him to review the following problem and perhaps report, either by memo or in person, at the City Council Meeting on September 27, 1988. I received a request for help from the above citizen, Susan Morrisey, with regard to an ongoing problem she is having with her fence on her property that abuts the Tonkawood/Belmont park. She has fencing on all sides of her property and the north portion of her property abuts the park. She has witnessed children and other users of the park tearing down her fence. It appears that the park has some chain link fence around it. Her request is that the City aid her in stopping the vandalism on her ~roperty or in the alsernative join with her in installing sufficient chain link fence or other fencing to prevent intrusions by park users on her ~roperty. It seems that she has a legitimate problem and perhaps the City could become involved by installing additional fencing. At lea£~ I would lik~ a report at the 27th Council Meeting. I have asked Ms Morrisey to attend that meeting to hear your report and any action the Council may care to take at that time. Thank you very much. Sin~_~erely',x 'Steve Smith Mound Mayor cc: Susan Morrisey MEMORANDUM DATE: TO: FROM: RE: September 21, 1988 Ed Shukle Jim Fackler 2108 Belmont Lane Privacy Fence By your request I inspected the privacy Fence at 2108 Belmont Lane belonging to Susan Morrisey. She was present during two of my inspections and we exchanged information of the construction of the Fence and the amount of vandalism done. if you will refer to pictures 1, 2, 3 & 4 you see the north Fence on her property is in very poor condition due to age. A copy of the building permit enclosed shows it was installed in August of 1977 (11 years). I could not Find any signs that the fence was treated with stain or paint to allow For preservation. Hence, found many areas deteriorating due to rot or weathering. The main support posts are leaning due to no concrete, or very little at the base and from rot. I showed this to Ms. Morrisey through the use of a probe. The original construction design as shown in pictures I and 4 on the north, and 7 and 8 on the south did not allow For enough bracing For vertical planking. A cross brace should have been used between 4" x 4" posts and more consideration given to the strength of the upright posts. Ms. Mo~risey's fence on the north side, abutting the park, showed that six planks have been replaced recently. These planks could have b~en vandalized and needed to be replaced. The nine upright posts replaced would have to be attributed to general maintenance of a fence this age, considering the type of material used, con- struction design, and weathering. This is shown in pictures 5, 6, 7 and 8 of the Fence on the south side of 2108 Belmont have that is next to a single family residence. They show the same characteristics as the north Fence. It too is leaning, rotting, and has replaced upright supports. There has 6een some tampering with this fence, but considering the weakened state of the fence it could be pushed down or have planking broken or fall down on its own with little effort on either the north or south side. This Fence is a potential hazard For park users and a liability for Ms. Horrisey. September 21, 1988 Page Two From my experience in maintenance, ! have found that when a structure along a public accessible area, example: park, street or building, that is not of good construction or weakened through age, will soon be discovered bY an individual and vandalism will occur. To address your question about other fences abutting Belmont Park a private property owner on the north side of the park, see pic- ture 3, has a privately owned chain link fence. The City owns a fence along Basswood Lane, picture 3 and 4, that is covered with a vine and allows access at both ends. This Fence was installed prior to my employment, so ! can only rationalize that by its design it was to deter children at play from running into the street. Currently on City parks, the City does not own a Fence that abutts a private residence nor have they shared the cost of in- stallation of a Fence to provide privacy for a resident. To provide, or share in expense, a Fence at Belmont Park would set a precedence for future requests for the City. I feel that the parks should be open, a City fence may constitute a feeling that the City is willing to enclose its open spaces. My overall perspective of this situation is that the Fence at 2108 Belmont Lane is at its current condition due ma.inly to natural deterioration which has allowed vandalism to some fence planks. ~ ~"~' ~'~ ...... o_~ ",.. '.-~ l. -/ ..... .~' ~: ..... ,~_ .............. . .................... ~. ~ ,., ~,:,, :.: ~:,..:,'.:..~: ~.~ ..... ~ h~,~ ,~..~.~.~_.~_~.~..~ ..... .~.,, ~.~ ,~,~.~,...,,,..~.~, ..... ~.~ .... _~_.~.~._.~ I d~in [ields. :'~ '~""" ~_:, ,,,,-',.-,~,' c~ ,,,.~. ~ ,**,..,,~ ,:~ .,.~,,.,:~.~ (.j ,,,~,~ .~;. AU~6.1~7~,,~-~ ........................................................ NORTH FENCE NEXT TO BELMONT PARK CITY FENCE BACKGROUND NORTH FENCE NEXT TO BELMONT PARK CITY FENCE BACKGROUN~ PRIVATE PROPERTY FENCE NORTH OF 2108 BELMONT NORTH FENCE NEXT TO BELMONT PARK SOUTH FENCE NEXT TO SINGLE FAMILY HOME o SOUTH FENCE NEXT TO SINGLE FAMILY HOME SOUTH FENCE NEXT TO SINGLE FAMILY HOME SOUTH FENCE NEXT TO SINGLE FAMILY HOME September 27, 1988 RESOLUTION NO. RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1976 IN THE AMOUNT OF $1,975.83 WHEREAS, there is a Resolution %76-372 with the Hen- nepin County Auditor directing a levy of $1,975.83 for General Obligation Improvement Bonds of 1976; and WHEREAS, it appears that there will be sufficient funds to cover the principal and interest due in 1989. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby direct the Hennepin County Auditor not to make the levy of $1,975.83 for 1989 taxes payable for the General Obligation Improvement Bonds of 1976. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest City Clerk September 27, 1988 RESOLUTION NO. ~- RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1978 IN TEE AMOUNT OF $15,957.00 WHEREAS, there is a Resolution #78-302 with the Hen- nepin County Auditor directing a levy of $15,957.00 for General Obligation Improvement Bonds of 1978; and WHEREAS, it appears that there will be sufficient funds to cover the principal and interest due in 1989. NOW, THEREFORE, BE IT RE~OLVED that the City Council of the City of Mound, Minnesota, does hereby direct the Hennepin County Auditor not to make the levy of $15,957.00 for 1989 taxes payable for the General Obligation Improvement Bonds of 1978. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest City Clerk 1 September 27, 1988 RESOLUTION NO. 88- RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1979 IN THE AMOUNT OF $18,396.00 WHEREAS, there is a Re~olution 979-295 with the Hen- nepin County Auditor directing a levy of $18,396.00 for General Obligation Improvement Bonds of 1979; and WHEREAS, it appears that there will be sufficient funds to cover the principal and interest due in 1989. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby direct the Hennepin County Auditor not to make the levy of $18,396.00 for 1989 taxes payable for the General Obligation Improvement Bonds of 1979. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest City Clerk 1 September 27, 1987 RESOLUTION NO. 88- RESOLUTION CANCELLING THE LEVY ON THE GENERAL OBLIHATION IMPROVEMENT BONDS OF 1980 IN THE AMOUNT OF $4,958.00 WHEREAS, there is a Resolution 980-223 with the Hen- nepin County Auditor directing a levy of $4,958.00 for General Obligation Improvement Bonds of 1980; and WHEREAS, it appears that there will be sufficient funds to cover the principal and interest due in 1989. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby direct the Hennepin County Auditor not to make the levy of $4,958.00 for 1989 taxes payable for the General Obligation Improvement Bonds of 1980. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmemb. ers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest City Clerk September 27, 1988 RESOLUTION NO. 88- RESOLUTION CANCELLING THE LEVY oN THE GENERAL OBLIGATION IMPROVEMENT BONDS OF 1982 IN THE AMOUNT OF $15,800.00 WHEREAS, there is a Resolution #82-242 with the Hen- nepin County Auditor directing a levy of $15,800.00 for General Obligation Improvement Bonds of 1982; and WHEREAS, it appears that there will be sufficient funds to cover the principal and interest due in 1989. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby direct the Hennepin County Auditor not to make the levy of $15,800.00 for 1989 taxes payable for the General Obligation Improvement Bonds of 1982. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest City Clerk September 27, 1988 ~ RESOLUTION NO. 88- RESOLUTION REQUESTING THE COUNTY AUDITOR NOT TO LEVY $11,000.50 FOR FIRE EQUIPMENT CERTIFICATES OF INDEBTEDNESS OF 1984 WHEREAS, there is a Resolution #84-119 with the Hen- nepin County Auditor directing a levy of $22,732.50 for Fire Equipment Certificates of Indebtedness of 1984; and WHEREAS, there will be funds provided through contracts with surrounding municipalities to cover the principal and inter- est due in 1989. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby direct the Hennepin County Auditor not to levy $11,000.50 of the $22,732.50 for 1989 taxes payable for the Fire Equipment Certificates of Indebtedness of 1984. The foregoing resolution was moved by Councilmember .and seconded by Councilmember The following Councilmembers voted in.the affirmative: The following Councilmembers voted in the negative: Mayor Attest City Clerk September 27, 1988 RESOLUTION NO. 88- RESOLUTION REQUESTING THE COUNTY AUDITOR NOT TO LEVY $19,758.37 FOR 1976 WATER REVENUE BONDS WHEREAS, funds from water revenue will be great enough to pay principal and interest payments due in 1989 on the 1976 Water Revenue Bonds. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby request that the Hen- nepin County Auditor not levy $19,758.37 established for the taxes payable in 1989 for Water Revenue Bonds. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest City Clerk THOMAS D. CREIGHTON DIRECT DIAL NUMBER {6la) 3a3 - t~,g 8 O'CONNOR & HANNAN ATTORNEYS AT LAW 3800 I d S TOWER 80 SOUTH EIGHTH STREET MINNEAPOLIS, MiNNESOTa 55402-22~4 (612) 341-3800 TELEX ~9-0584 TELECOPI£R 61= 34}-3800 (056) SUIT[ 4?00 ONE UNI?[O BANK G~N?ER September 12, 1988 Mr. Edward Shukle, Jr. City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Dear Ed: Please find enclosed the Amendments necessary to finalize the transfer of ownership in the television system for your City. Please find enclosed a red-lined copy of the proposed Amendments, a final copy of the Ordinance and Amendments, and a Public Notice of the Ordinance and Amendments if you should need to publish such a docu- ment. Also please find Acceptance and Certificate and an Instrument of Assignment and Assumption which should be signed by the purchaser and, in one instance, the seller. Please send me a final copy of these documents when they have been executed. If you should have any questions, please feel free to contact me. Sincerely, 0,c .... ~homa~ D. Creighton TDC/be Enclosure TDC2/2 PROPOSED AMENDMENTS OF THE CITY OF MOUND, MINNESOTA SECTION 3. Subsection 17.302, I. is amended as follows: I. "Grantee" is Triax Midwest Associates, L.P., B~w~en ~aB~e-¥a~tne~s?-A~¥~7 its agents and employees. SECTION 3. Subsection 17.302, N. is amended as follows: N. "Offering of Grantee" or "Offering" means that certain document dated November 15, 1982, entitled "Application for Cable Television Franchise" and signed by Grantee's predecessor, as amended from time to time by mutual written agreement between Grantee and City or its delegatee, and that certain document entitled "Dowden Communications, Inc. Response to Questions on the City of Mound Proposal", and related documents and written information and documentation or response to the "Request For Information" as part of the transfer of the Franchise to Grantee's predecessor, and related documents and written information and documentation or response to the "Request for Information" as part of the transfer of the Franchise to Grantee, which documents are on file with the City Clerk. SECTION Subsection is amended as follows: All notices, reports or demands that are required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer or Grantee or City's Administrator of this Franchise or 48 hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to which notice is being given, as follows: If to City: City Manager, City of Mound 5341 Maywood Road Mound, Minnesota 55364 If to grantee: Triax Cablevision 2381 Wilshire Blvd. Mound, MN 55364 ATTN: System Manager Bew-Sat-ef-M~nneseta?-~nc= With a copy to: Triax Midwest Associates, L.P. 100 E. Fillmore, Suite 600 Denver, CO 80206 Bowden-6ommun~ca%~onsT-~nc= ~6~-P~e~m~n~-R~a~?-NE Such addresses may be changed by either party upon notice to the other party given as provided in this section. Passed and adopted this day of , 1988. ATTESTf CITY OF MOUND By By City Clerk Mayor This Franchise, as amended, is accepted, and we agree to be bound by all its terms and conditions. By Its Date: TRIAX MIDWEST ASSOCIATES, L.P. By Its Date: ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 17-A OF THE CITY CODE RELATING TO CABLE COMMUNICATION FRANCHISE ORDINANCE. THE CITY COUNCIL OF MOUND DOES ORDAIN: 1. SECTION 3. Subsection 17.302, I. is amended as follows: I. "Grantee" is Triax Midwest Associates, L.P., its agents and employees. 2. SECTION 3. Subsection 17.302, N. is amended as follows: N. "Offering of Grantee" or "Offering" means that certain document dated November 15, 1982, entitled "Application for Cable Television Franchise" and signed by Grantee's predecessor, as amended from time to time by mutual written agreement between Grantee and City or its delegatee, and that certain document entitled "Dowden Communications, 'Inc. Response to Questions on the City of Mound Proposal", and related documents and written information and documentation or response to the "Request For Information" as part of the transfer of the Franchise to Grantee's predecessor, and related documents and written information and documentation or response to the "Request for Information" as part of the transfer of the Franchise to Grantee, which documents are on file with the City Clerk. 3. SECTION Subsection , is amended as follows: All notices, reports or demands that are required to be given in writing under this Franchise shall be deemed to be given when delivered personally to any officer or Grantee or City's Administrator of this Franchise or 48 hours after it is deposited in the United States mail in a sealed envelope, with registered or certified mail postage prepaid thereon, addressed to the party to which notice is being given, as follows: If to commission: If to grantee: With a copy to: City Manager - City of Mound 5341 Maywood Road Mound, Minnesota 55364 Triax Cablevision 2381 Wilshire Blvd. Mound, MN 55364 ATTN: System Manager Triax Midwest Associates, L.P. 100 E. Fillmore, Suite 600 Denver, CO 80206 Such addresses may be changed by either party upon notice to the other party given as provided in this section. Passed and adopted this ATTEST: day of CITY OF MOUND , 1988. By By. City Clerk Mayor This Franchise, as amended, is accepted, and we agree to be bound by all its terms and conditions. By Its Date: TRIAX MIDWEST ASSOCIATES, L.P. By. Its Date: ACCEPTANCE AND CERTIFICATE TRIAX MIDWEST ASSOCIATES, L.P., a Missouri limited partnership, does hereby (i) accept the assignment to it of the cable communi- cations franchise ordinance (the "Franchise") described in Attachment A to Exhibit A attached hereto and further agrees with the city, commission or other franchising authority identified in the Franchise ("the "Franchisor") to perform all of the condi- tions and terms thereof, including the furnishing to the Franchisor of the performance bond, evidence of insurance, and other items required by the Franchise, (ii) agrees that, except insofar as the undersigned as franchisee under the Franchise shall be hereafter required to perform all of the conditions and terms thereof, including the furnishing of items as required by the Franchise as herein agreed and shall be entitled the benefits of Franchise, the provisions of the Franchise remain in full force and effect, and (iii) certifies that attached hereto as Exhibit A is a true and correct copy of an Instrument of Assign- ment and Assumption evidencing the assignment of the Franchise to the undersigned by Dowden Cable Partners, L.P.. IN WITNESS WHEREOF, the undersigned has caused this Acceptance and Certificate to be executed as of the day of 1988. TRIAX MIDWEST ASSOCIATES, L.P. By: Its: Date: EXHIBIT A INSTRUMENT OF ASSIGNMENT AND ASSUMPTION Dowden Cable Partners, L.?., a Delaware limited partnership, ("Assignor"), hereby assigns all of its right, title and interest in and to the cable communications franchise ordinance described on Attachment A attached hereto (the "Franchise") to Triax Midwest Associates, L.P., a Missouri limited partnership, its successors and assigns ("Assignee"). Assignee hereby accepts such assignment and assumes all obligations under the Franchise. IN WITNESS WHEREOF, Assignor and Assignee have caused this instrument to be executed as of the day of , 1988. ASSIGNOR: DOWDEN CABLE PARTNERS, L.P. By: Its: Date ASSIGNEE: TRIAX MIDWEST ASSOCIATES, L.P. By: Its: Date September 20, 1988 ~ RESOLUTION.NO. 88- RESOLUTION APPROVING THE 1989 GENERAL FUND BUDGET IN THE AMOUNT OF $2,239,190; SETTING THE LEVY AT $1,351,245; ~ APPROVING THE OVERALL BUDGET FOR 1989 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby adopt the following 1989 General Fund Budget appropriations. GENERAL FUND Council City Manager/City Clerk Elections/Voter Registration Assessing Finance Computer Legal Cable T.V. Recycling Police Planning & InsPection Civil Defense Street Shop & Stores city Property & Buildings Parks Recreation Contingency Transfers 46~030 143,210 650 43,930 152,760 20,000 97,100 9,980 67,400 677,770 128,400 1,880 391,140 57,760 81,860 149,320 11,090 30,000 128,910 TOTAL GENERAL FUND 2,239,190 BE IT FURTHER RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby direct the County Auditor to levy the following taxes for collection in 1989: SPECIAL LEVIES Bonded Indebtedness Certificates of Indebtedness Unfunded Accrued Liability of Public Pension Funds Housing & Redevelopment Authority (See Res. #87- 140,026 11,732 30,172 24,000 Total Special Levies 205,930 September 20, 1988 TOTAL LEVY LIMITATION 1988/89 GRAND TOTAL TO BE LEVIED BE IT FURTHER RESOLVED, city of Mound, Minnesota, for 1989 as follows: GENERAL FUND As per above SPECIAL REVENUE FUNDS Area Fire Service Fund Cemetery Fund Pension Fund Commons Docks Fund SELF-SUPPORTING FUNDS Water Fund Sewer Fund Liquor Fund TOTAL 1,145,315 1,351,245 that the City Council of the does hereby adopt the overall budget 2,239,190 229,230 3,950 --0-- 72,240 322,550 634,160 208,810 3,565,650 The foregoing resolution, was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk CITY of MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55354 (612) 472-1155 September 23, 1988 TO: ALL DEPARTMENT HEADS ~ FROM: ED SHUKLE, CITY MANAGER~' ~' RE: BUDGET HEARING NOTE DIFFERENT DATE At the council meeting of September 20, 1988, the City Council set the budget hearing date for the purpose of having Department Heads present their Departmental Budgets. The hearing was to be held on Wednesday, October 5, 1988, beginning at 6:30 PM. It has been changed to Monday, October 3, 1988 at 6:30 PM, in the City Council Chambers. Dinner will be catered in. Plan on being there at 6:30 PM, and staying for the remainder of the evening to listen to other Department Heads as well as presenting your own budgets. As I indicated to you at the Staff meeting on September 20th, be prepared as best as you can in justifying your 1989 budget proposal. Do not spend unnecessary time reviewing each line item. Cover the main points and then ask the Council if there are any questions. I will supplement any discussion needed. If you have any questions, please contact me. ES:is Batch 8091 Batch 8092 89,O4O.54 72,809.86 SuperAmerica August gasoline 1,131.80 Gayle Burns Mileage 37.22 Total Bills 163,019.42 ',.'E?.;DO,~ !?~vO!CE DUE HOLD ~,O. !,.:,,,~,:u.E ~-J)$.~: DATE STATUS PRE-PAID r., , ,".,-, ?/lO, ?!!C,/Oc ~""/~'~" ~K, LBOY CORPORATION VEND~ TOTAL PRE-PAID ?/16/S9 9/16/88 CITY COUNTY CREDIT I~ION VE)~OR TOTAL C0~20. PRE-PAID 9/16/88 9/16/88 CITY OF MOUND VENDOR TOTAL PRE-PAID 9/16/88 9/16/88 CITY OF ORONO VE)~DOR TOTAL C1001 PRE-PAID 9/16/88 9/16/~8 COMMISSION~ OF REVENUE VENDO~ TOTAL D121i PRE-PAID 9/16/88 9/16/88 DE~A THO~N VENDOR TOTAL D1.:1, PRE-PAID '~/16/88 9/16/~ DELBERT RUDOLPH VB(DDR TOTAL E1429 PRE-PAID 9/!6I~ 9116188 P~-PAID El) PHILLIPS & SO~:~S El~,o..'. 9116188 9/16/~ VENDOR TOTAL PRE-PAID 9116/S8 F'UF:CH~-SE CITY OF MOL:ND 784.07 LIB 784.07 ~L-CD 784.07 2,605,00 CR UNION--9/3 PR 2,605.00 JF~&-CD 2605.00 38.~3 REPLEN P/C-P~ 38.23 ~)L-CD 38.23 60.00 F.A.T.S. TRUAX, LDTTON 60.00 ~[~-CD 60.00 1,970.02 SIT 9/3 PR 1,~70.02 JRNL-CD 1970.02 199.99 REI~'VCR-BEST E~Y 199.99 dR~.-CD 199.~ ~.~ 33 ~NrFR~T HOUR~J 2F,-J.75 JRNL-CD ~8.75 76.25 LIQ 2~.40 WINE 3.84- DISC 304.81 J[~.-CD 2,113.49 LIQ 1,o..~2.29 WI~ 59.74- DI~ 3,446.04 JRNL-CD 3750,85 100,00 BAL-INS FOR DANCE 100.00 BAL-LIQ LIAB 200.00 JNL-CD EMPLOY~ EENEFIT ADM VE!E,OR TOTAL 200.00 GI?~ PRE-PAID 1,0~.00 DEF ~MP 9/3 PR 9/16/88 9/16/88 1,0~,00 JRNL-CD ACCOU~ NUMEER 1Al) 784.07 ' 01-2040-00(~9 1010 2605.00 01-4140-~00 1010 ~.23 01-4140-4110 1010 60.00 01-2040-0000 1010 1970.02 ~l-z3~-O~t 1010 81-4350-3100 1010 71-71C~-9510 71-7100-9520 71-7100-9560 1010 7!-7100-9510 71-7100-9520 71-7100-9560 1010 ~t Jt'~O0-O~. ~-4170-o~10 1010 01-2040-0000 1010 199.99 ~ 304.81 3446.04 ' 1023.00 ~-~r.-[ 2 P U F: C H A S E J 0 U,~ i'~ A L AP-C02-C'i CITY OF MOLr,'4D ~,,,~nT ...... ,'n ,,,,,n ..... '.-: DATE c .... ~.. ,. nPCAT WEST LI~ ASSLiR;~JCE .... . ..... u.. TOTAL 1023.00 6!'~71 PRE-PAID 15.35 JOSP 9/3 PR , 01-204~)-0000 ?,.~, ,.c:,-. ~c./~¢, 9/16/:'::8 15.35 ~q.-CD 1010 15.35 GRC~]P HEALTH PLAN VET~OR T0TAL 15.35 61972 PRE-PAID -~' ~' ~ 1-7100-%:0 ~.4.' WINE ' =~ 216.81 MIX 71'7100-9540 I~,.,?- DISC 71-7100-~560 ~.90 ~T 71-71~-96~ ~/16/88 ?/16188 ~o ~. ~.,.~, c,~ JR~-CD 1010 PRE-PAID 1,279.79 LIQ 71-7100'9510 360.~ WINE 71-7100-9520 32.81- DISC 71-7100-9'5443 I~. I-.' FRT 71-7100-9600 9/16,/88 9/16/~ 1,620.38 JRNL-CD 1010 16~.38 GRiGGS CDDF'ER & COMPANY VENDOR TOTAL 2379.~ H2145 PRE-PAID 171.53 DIED FOR 9/3 PR 01-2040-00~ 9116/88 ?116/88 171.53 JRNL-CD I0!0 171.53 H~NN'CO ~'PORT & COLLECT, VETJDOR TOTAL 171.53 H~19 PRE-PAID 72.00 REGISTR-HTI--BOYD 22-4170-4110 9/16/88 ~/16/8~ 72.00 JRNL-CD 1010 72.00 HENN TE~NIC~AL INSTITLFFE VENDOR TOTAL 72.00 I29431 PRE-PAID 538.06 [~ COMP 9/3 PR 01-2040-00~ 9116/88 9/16/88 538.06 JRt'L-CD 1010 5~.06 ICMA.RETI~EMENT CORP VEhq30R TOTAL 538.06 PRE-PAID 1,200.00 BAL-BAtQ-RE~ DA~E 01-~00-0~1~ ~ 9/16/~ ?/16/~9 1,200.00 ~-CD 1010 12C0.00 JIMMY ALI.EN ARTIST MG~ LT VENDOR. TOTAL 1200.00 J2~l PRE-PAID 480.00 64 CONTRACT HOURS 01-43~-3100 9/16/88 9/16/88 480.00 JRNL-CD t010 ~0.00 ,JOHN TAFFE VENYOR TOTAL 480.00 J~.-,; ? PRE-PAID q/iA/AA .,~J.oo LIO 71-7100-9510 1,142.70 WINE 71-7100-9520 60.71- DISC 71-7100-9560 45.00 FRT 71-71c~-9600 ?/16/88 3,~2.87 JRNL-CD 10!0 3~2.$7 PRE-PAID ~4.91 L!Q 71-7100-9510 ,~.,,) 7o.~.42 WIN1E 71'7100'~20 2~.15-DISC 71-7!00-'~5.l.43 21.00 FRT 71-7100-9600~m~,,~// AP-C02-01 VENDC~ INVOICE DUE HOLD NO. I~VO!CE NMBR D~TE DATE STATUS 9/!~,/c.~ 9/!6/E~ J~NSON ~ROS WHOLESALE LI~ ~ENDOR TOTAL L2747 PRE-PAID 9/16/88 9/16188 17~BOR P£LATIONS ASSOCIATES ~NDOR TOTAL L2817. PRE-PAID 9/16/88 9/16/88 LAW EI~FORC~ LAB~ S~* VENDOR TOTAL PRE-PAID 9/16/88 9/16IE8 MED CENTER ~AL~ PLAN V84DOR TOT~ M3121 PRE-PAID 9116/88 9/16/~ ME~ARD'S VE~EIOR TOTAL ~170 PRE-PAID 9/16/88 9/16/88 METRO WASTE CONTROL C~MI* 'v~DOR TOTAL PRE-PAID 9/16/88 9/16/88 MN O~T OF COM~RCE VEI-80R TOTAL M3401 PRE-PAID 9/16/88 9/16/~ MN RETIRE]~Eff[ SYSTEM VE~8~ TOTAL M3455 PRE-PAID 9/16/8B 9/16/~ MN TEAMSTERS LOCAL ~0 VENDOR TOTAl. M$~00 PRE-PAID 9/16/88 9/16/E~ MOL~D FIRE RELIEF A~N VENDOR TOTAL M3520 F'RE-PAID 9/!6/88 9/16/~ MOU)~ POSTM, AST~ VENDOR TOTAL PRE-PAID FU?.CHASE JOURNAL CITY OF MOUND AMOUNT DESCRIPTION ACCOUNT NUMB~ !,~5.18 JR. NL-CD 1010 5108,05 45.00 COMP WORTH SESSION 01-4040-4120 45,00 COMP WORTH SESSION 01-4140-4120 ~0,00 JRNL-CD 10!0 90.00 39.00 UNION 9/3 PR 01-2040-0000 39.00 dRNL-CD 1010 39.00 70.08 HO~ 9/3 PR 01-2040-0000 70.08 ~-CD 1010 70.08 112.00 OWN PYMT-CABINETS 78-7800-5000 112.00 JRNL-CD 1010 112.00 3,..~3,00 AUG SA~ 78-2304-0000 3,3..'3.00 JRNL-CD 1010 3333.00 10.00 NOTARYAPPL-CLARK 01-4040-21~ 10.00 JRNL-CD 1010 10.00 ~8.00 DEF COMP 9/3 ~ 01-2040-0000 ~8.00 ~-CD 1010 549.~ UNION 9/3 PR 01-2040-~ 549.65 JR[~.-CD 1010 549,65 44,857.00 2% AID 95-~00-1400 ~4,857.00 ~NL-CD 1010 416.06 POSTAl--ELECTION 01-40~-2~10 416,06 dR,-CD 1010 416.06 5,~4.~ P~ 9/3 PR 01-2~0-00(a) PRE2PA!D 15~3 90,00 39.00 70.08 112.00 3333.00 10.00 288.00 549.65 448.5'7,00 416.~ ;'~GE 4 F'U R C HASE d OUF'N A L ~F-~.vz", 1 CITY OF MGU~{£i NO. IM'O=.cr~'~.~., _,~,. DATE STATUS ~OIINT DE~RIPTION ~r~ ...., .........~,,~,,~, ,~L-CD 1010 ~/16~c .... /~o,~ .=,~ ..,.~4. ~ 5324. ?2 P E R A '~NDOR TOTAL s~-~ ~-~' P40RO PRE,RAID ~o-, ~ -- ~z.a6 HOSP 9/3 PR 01-2040-0000 9/16/88 9/16/88 5~82,26 JRNL-CD 1010 382.26 PHYSICIANS OF MN VENDOR TOTAL P~!!4 PRE-PAID 200,00 MG~ ~AIN-HLrDSON (1!-4140-4110 ~/I~IA~ 9/16~8 ?oo.c~o ~-CD !0!0 200.00 PSY~OLOGICAL ASSOCiA~S V~D~ TOTAL 200.00 P4115 F'RE-PAID 77.13 I~ DIED FOR 9/3 PR 01-2040-00~ ?/16/~ 9/16/Er8 77.13 JRNL-CD 1010 ~.13 PRb~ENrTIAL INSURANCE r_j]~A VE~TJOR TOTAL 77,13 Q4171 PRE-PAID 617.76 LIQ 71-7100-9510 142.75 WINE 71-7100-95~ 142.50 BEE~ 71-7100-~30 13.80- DI~ 71-7100-95641 ?/16/~ ~/16/88 88~.21 JRNL-CD 1010 8~.21 ~E-PAID 9/16/88 QL~L!TY WI~ & SPIRITS V~DOR TOTAL 994.48 L!Q 71-71~-9510 415.05 WINE 71-7100-9520 88.75 MIX 71-7100-9540 24.97- DI~ 71-7100-9560 1,473,31 ~NL-CD 1010 o6~..5- 1473.31 R4259 PRE-PAID 592.00 EA cONrFRACT HOLIRS 01-4340-31(X) ..~16/~,,~ 9/~6/88 ~°.00 JRNL-CD 1010 MO ..... T E ~HNSON VE~OR TOTAl_ 5.¢~.00 5~.00 ~500 PRE-PAID ,/!~tc, o 9/161~B STA~ ~NK OF MObbeD '~-NDOR TOT~ 8,9~.20 FIT 9/3 ~ 01-2040-0000 8,9~.20 JRI~.-CD 1010 89~.20 S4511 PRE-PAID 418.60 CR UNION--9/3 PR 01-2040-0000 9/16/88 ?/16/:~ 418.60 ~NL-CD 1010 STATE CAPITOL CREDIT UNION V~Ei~DOR TOTAL 418.60 418.60 ROBERT VEiLL~JX PRE-PAID ~/1A/A8 ~"'~ · .. ~ ~/LO/O,D V~.~D~ TOTAL TOTAL ALL VE}~DORS 35,00 35.00 35.00 89,040.54 DO0( REF1JND-~NCELI~ 81-3260-0000 ~I-E-CD 1010 '35.00 ,z,3'13 VENDn~ ~,.,~.r~ Du= HOLD NO. ,,,,0~_. "?;:: ...... D~. STATUS AMOUNT [~ESCRIPTION PRE=PAID ~rrr,, ,~,r'r ,,, ?,,'?-'.rt., AMOUNT A~X*60 o ¢.'../¢.o 9/21/E~ 6.!80FFI~ SUPPLIES 7.99 O~ICE SUPPLIES 45.73 OFFICE SUPPLIES 6.34 OFFICE SLPPLIES 1.33..-, OFFICE SUPPLIES .66 OFFICE SUPPLIES .67 O~ICE SUPPLIES 1.14 O~ICE SUPPLIES 1.14 OFFICE SUPPLIES 12.~ O~ICE SUPM. IES .60 OFFICE SUPPLIES 84.43 ~Nt.-CD 01-4090-21CK~ 01-4140-2!00 01-41¢0-21C~ 0!-4340-2100 01-4280-21(×~ 71-7100-2100 73-7300-21~ 78-7800-21~ 01-4060-21¢~ 01-4070-2100 10!0 ACIRO-MN VENDOR TOTAL 84,43 A0100 9121188 9121188 64.~8 EEPT RADIO S~VICE 18.81 SEPT RADIO SERVICE 11.97 SEPT RADIO SERVICE 11.~7 SEPT RADIO SEFU¢ICE 6.84 SEPT RADIO SERVICE 18.81 SEPT RADIO SERVICE 11.97 SLEPT RADIO SERVICE 25.65 SEPT RADIO SERVICE 171.00 ~'~-CD 01-43~0-3950 01-4190-~5<~ 01-4270-3950 01-4140-~5~ 73-7300-3950 78-78r~-3950 22-4170-$~50 1010 AIR COMM INC VB~OR TOTAL. 171.00 A0400 9/21/88 9/21/88 126.16 ASPHALT 126.16 dRNL-CD 01-4280-2340 1010 ASOCIAT~ ASPHALT YEI~J}OR TOTAL 126.16 BO600 BLACKOWI~K AND SON 9121/88 9121/88 VB4D~ TOTAL 32.50 AUG GARBAGE I15.00 ~E OF MA~INES 45.25 AUG GARBAGE ~.50 AUG GAF2AGE 26.00 SEPT-OCT GARBAGE 251.25 JRNL-CD .25 ~-4170-3/..,0 ---4170-2200 71-7100-3/'5.0 01-4~0-37,,D 01-4280-3750 I010 B0609 9/2!/88 9121/88 · 215.00 REPLACE SIIEI~iK 110 ~5.00 JRNL-CD 01-4280-42~X) 1010 BOB LYCKHOLM VDEnOR TOTAL 225.00 B0660 &~.44 CLAMPS 68.~ JRNL-CD 01-4270-~10 1010 DISTRIBUTION V~D~ TOTAL 68.44 B0671 9121/88 c ~ ~a ../d/o,. 69.37 GL)AGE 69.37 JRNL-CD ,,-4170- .~00 10!0 BOY~ 5:UCK PARTS VENI]~R TOTAL 69.37 ¢2.. ! COAST TO COAST 9/21/88 Wil/o~ VENDOR TOTAL 47.04 AUO SUPPLIES 21.63 AUG SL.~'PLIES 01-:280-2200 .67 AUG SUPPLIES 0!-42:.'-:0-2.?}0 .,.4o AUG ~b?PLIES 01-4290-2200 11.97 AUG SUF~IES 01-4340-2310 11,85 AUG SUPPLIES 01-4340-23Cs3 7.~: AUG SUF'~IES 0,-4a~0-~40 9.85 AUG ~PLIES 01-43~0-~ 6.~ AUG SUPPLIES ~;-~ 110-~.;0 ,60 ~UB ~dPPLIES 4 ..... ~UB ~UP~IES 73-7~00-2300 ,7~ ~UB SL~'PLIES 8,~0 ~U~ ~UPEIE~ 01-4140-~00 7.25 AIJG S~!ES 01-42~-23r~ 174.00 SI[~,FA~ET-PW BLDG 73-'7300-~330 o~ ~ JRF~-CD 1010 342.62 CO~O CO~?UTOS~VICE INC 9/21/88 9/21/~ VENDOR TOTAL 259.68 PR ~T~PORT 01-40~-38~ ~7.00 LEASE 01-4095-50~ 505.00 HD~E MAI)il' 01-4095-3800 187.19 SA S?PO~T 01-4095-3800 1,~8.87 ~NL-CD 1010 i~58.87 C i 079 9/21/88 9/21/~ CO~g!NENTAL T~EPHONE VENDOR TOTAL ~6.98 SEPT TELE 01-4140-3~c~) ~.~ SEPT TELE 01-~4320-3220 ,29 ~PT TELE O1-41~YO-~ 2.49 SEP? -BJE 01-4040-~,.20 4.68 SEF'T T-~E 01-4095-32~'0 6~.4~ SEPT TELE 01-4280-~20 118.49 SEF'T TELE 73-7300-322~ 31.24 ~T TELE 78-7800-~20 145.88 SEPT TELE 71-7100-~20 60.31 SEPT TELE ~-4170-3~0 67.70 SS~T TELE COMPUTER ~-4170-32~ 1,023.83 dRNL-CD 1010 10~.83 Dl170 DAKOTA RAIL INC 9/21/88 9121/88 VENDOR TOTAL 4()8,~ RR LEASE TO 10/15 40-6000-3910 204.~ ~ L£ASE TO 10/15 01-43~-~10 613.00 dRNL-CD 1010 613.00 D1310 QlOl/0~ · ~,~,~o ~/2I/E8 DIXIE F'ETRO-CH~ !NC V~4DOR TOTAL 63.00 OXYGEN 7o-7o00-.'=,.,0 63.00 J~NL-CD 1010 63.00 DI.: ..... 40,00 PHYSiCAL-CASEY ~-4170-3140 40.00 ~t4.-CD I01~/,.~ AP-C02-O! CiTY OF MOUND V~IDGR INVOICE DUE HOLD NO, INVOICE NMSR DATE DATE STATUS AMOUNT DES~IPT!ON CENT~ VE~DOR TOTAL DOCTORS DI~5~OoTIC 40.00 Gl800 1 ~ '~ ,vo,~.~., R~ILD TRAN~ISSION 247.18 R~U!LD TR~4SMISSION 247.18 REBUILD ~AN~!SSION 9/21/88 9/21/88 1,532.51 ~-CD G~Y'S DIES~ SERVICE ~NDOR TOTAL 01890 GLEN~OD !NGLEI~]OD H21;O 9/21/88 9/21/88 VENDOR TOTAL 9/21/88 9121/88 ~N ~ SHeikS DEPT VENDD~ TOTAL H2160 HEJ'~I CD TREASUF,:ER I~40 9/21/88 9/21/88 VENDOR TOTAL 9/21/88 9/21/88 INTERlqATL ASSN CHIEPS POLl ~ND(]R TOTAL I~89 9/21/88 9/21/88 INSTRUME~ATION SERVICES I VEi~E~3R TOTAL J2500 JANET BERTRAND J2560 9121/88 9121188 VENDOR TOTAL JOHN L NORMAN J2580 JOHNSON PAP~ COMPANY 9/21/88 9/21/88 VEI',rDDR TOTAL 9121/88 9121/88 VENDOR TOTAL 15.32.51 39.15 AUG WAT~ C(]OL_~ 57,60 AUG WA~ COOLER 21.78 AUG WAiER COOLER 8.91 AUG WAT~ O00LER 8.91 AUG WA~R COOL~ 136.35 JRNL-CD 136.35 101.15 AUG BOOKING 101.15 JRNL-CD 101.15 41,676.21 E8 ASSESSING SERVICES 41,676.21 JRNL-CD 41676.21 [~0.00 ll]ITION-ROY 350,00 ~NL-CD 350.00 67.50 RADIO REPAIR 67.50 JRNL-CD 67.50 644.06 BAL EXPE]~']ES-ICBO CONV 644.06 ~-CD 46.~ MILEAGE 27.00 GFDA MTGS 79.99 CALCULATOR 153.19 ~NL-CD 153.19 88.53 BAGS 88,53 JNL-CD 88.53 ACCOUNT NUXBER 01-4340-2310 73-7300-42~X) 78-7800-4200 1010 01-4140-41~Xl 01-4090-~00 O~-42~Q-~CK) 73-7300-2200 78-7800-22CK) 1010 01-4110-4250 1010 01-4070-42~Xl 1010 01-4140-4110 1010 01-4140-3820 1010 01-4190-4110 !010 01-40~0-~40 01-4090-4120 01-40~-2!00 1010 ~1-7100-~0 1010 PRE:PAID L.:77.. 3,4..,9,60 FINAL 1/3-88 LMCI) DUES ~1!0,:, 9121/88 "' '= .... LAKE MTKA CONS~VATION Di* VE~nnR TOTAL *'=~ *' ..... ~..L, !010 LEAGUE OF MN CITIES VE'}~DDR TOTAL ~!.00 21.00 DUES TO 8/,:,.--M~P 01-4020-4130 ~i,00 uttNL-CD 1010 ~/21/88 9/21/88 ~..u,-~, H~,~R=~_L VEF~IOR TOTAL ~04.00 904.00 ADVAN~-IACP CONF 01-4140-4!!0 ?04.(~ JRI~-CD 10t0 L2920 109.40 ALTERNATOR 01-4340-~10 · -~w~ 9/21/~ 10~.40 ~NL-CD 1010 LO~G LAKE FC~D ~'.ACTOR VENDOR TOTAL 109.40 M3010 MARINA AUTO SUF?LY 9/21/88 9/21/88 VENDOR TOTAL 115.31 AUG PARTS 01-4290-2310 ~.15 BELT 01-4340-3820 136.~7 AUG PARTS ~-4170-2200 261.43 dR~-CD 1010 261.43 MASYS CORPORATION 9/21/88 9/21/~ VENDOR TOTAL 135.00 OCT SUpPORT-POLICE 01-4095-3800 1~.00 ~NL-CD 1010 135.00 M3060 MARTIN'S NAVARRE 66 .lTl/oS ~/21/~ VENDOR TOTAL 144.00 GRONLAND VEHICLE CHGS 01-4140-4240 20.00 TIRE CHANGE 01-4140-4240 164.00 dRNL-CD 1010 164.00 M3130 ?!~1/8o 9121188 METRO AR~ MGMT ASSN VEN[~ TOTAL 5.25 MAMA LUNCHEON 01-4040-4120 13.00 MAMA GOLF-REIMB 01-1190-0000 18.£5 dRNL-CD 1010 18.25 M31~0 ?/21/88 ~ ~ ~ ~/~i/,~8 ~ETRO FIRE EQUIPMENT VEi~DOR TOTAL 118.52 AIR FILTERS ~-4170-~70 118.52 JRNL-CD 1010 118.52 9!21/~8 ~121/88 12.19 AUG GAS 0!-4340-3720 11.00 AUG GAS 01-4320-3720 39.75 AUG GAS 274170-3720 6.89 AUG GAS 71-7100-372~ 8.44 AUG GAS 01-4280-3720 ~.93 AUG GAS 73-7300-3720 6.46 AUGGAS 78-7800-3720 AP-C02-O1 INVOICE DUE HOLD NO. INVOICE Nf!BR DATE DATE STATUS PURCHASE CITY OF MOUND AMOUNT DESCRIPTION J 0 U F: N A L ACCGUNT NU~ER PRE-PAID A~DCNT MINNEGASCO VENDOR TOTAL Mo~Ty 9/21/88 9/21/88 MN ANIMAL CDN~(]L ~AS,SN ~ZE~DOR TOTAL M~69 9/2!/88 9/21/88 MN POLICE & PEACE OFFICER* VE')690R TOTAL M3481 MOORE SIGN COMPANY ~510 9/21/88 9/21/88 VE)E)DR TOTAL 9/21/88 9/21/E8 94.66 20.00 20,00 20.00 50.00 50,00 50.00 157.95 157.95 157.95 158.00 158.00 MOUND MEDICAL CLINIC VENDOR TOTAL 158.00 N3802 S,014.71 9/21/88 9/21/88 5,014.71 NGRTh~N STATES POWER VENDOR TOTAL 5014.71 P4-049 9/21/~ 9/21/E~B VENDOR TOTAL 9!21/88 9121/88 VB, EIOR TOTAL qf21 88 ,, / . 9/21/88 VENDOR TOTAL PLUf~ETT"$, lNG S~,O SHGRELINE PLAZA 9121188 VENDOR TOTAL 9/21/88 9121188 VENDOR TOTAL .84610 SqJBURBAN TIRE CO T4730 LAKER T~!O TiMB~WALL LAN~C~ING 30.00 30.00 30.00 1,993.74 1,?~3.74 19~.74 6,08.P2 1,377.88 1,986.80 1986.80 18.16 12.49 18.17 156.63 205.45 205.45 ~3.00 ~.,~.00 233.00 bSRKSHOP-HYLAND ~NL-CD SEMINAR-HAR~ JR[~.-CD PRIMARY SIC448 JRNL-CD PHYSICAL-CASEY ~NL-CD SEPT ELEC JRNL-CD 8-9-10 PEST CONTROL ~NL-CO OCT RENT JRNL-CD TIRES-TUBES LOADER TIRES JRNL -CD ORDN-TRAFFIC ORDN-DOG POUND FILING DATES-ACCURACY TEST PLAN,ZONE .~]TI CES JRNL-CD TIMBERS JRNL -CD 01-4140-4110 1010 01-4140-4110 1010 01~4060-~00 1010 22-4170-3140 1010 01-4~Q-3710 1010 71-7100-4200 1010 71-7100-~20 1010 01-4~-~10 01-42~-~10 1010 01-4020-3510 01-4140-3510 01-4060-~I0 01-41~0-,,510 1010 66 -6000-31 O0 1010 A;'-CC.2-01 CITY OF INVOICE DUE HOLD PRE-PAID iNVOiCE ~'~NBR DATE DATE STATUS AMOUNT DESCRIPTION ACCOL'?.!T ~i',]NBEF: ANOU~{T CEE w5279 46.24 BEARINGS ..... ~/~11o~ 46,~4 JRNL'CD W. TULl COMPanY, INC. VE}~D~ TOTAL 46.24 W5370 W'~',LL STREEF JOURNAL ~!21188 9/21/E8 ~ENDOR TOTAL 01-4280-23!0 1010 100,00 PPD SUBSCRIPTION-WALL ST JRN 01-t2E6-0000 1~.00 SUB~RIPTION WALL ST J~RN 01-4070-41~ 119.00 d~L-CD 1010 1!~.00 117.~ 9121/88 9/21/88 117,40 WESTDNKA MECHANICAL CON~* VEN[H]R TOTAL 117.40 W5~80 116.00 9/21/88 ?/21/E8 116.00 WESTONKA SANITATION VENDOR TOTAL 116.00 9121188 9121/E8 VENDOR TOTAL 9/21188 9/21/$~ VE-)4DOR TOTAL 9/21/~: 9/21/88 VE)SDR TOTAL WID~ INC W~690 WM MUELLER & SONS W5700 WUR~T-PF, AESDN-~RSON X575JO 9/21/88 9/21 t88 VFNDOR TOTAL TOTAL 9/21/88 e/211E8 VENDOR TOTAL X~OX CORPORATION Z6001 KAROL CHARON ZEJ02 SERVICE SOFTNER-2350 BL LK RD JR)~-CD 73-73C~-4200 1010 AUG GARBA~ 01-4340-3750 JR)~-CD 1010 62.00 FENCE-DENBIGH 01-3518-00~ 157.50 2187 CEDAR 73-7~0-4200 219.50 JRNL-CD 1010 219,50 707.16 BLAC)~OP 01-4340-~) 913.92 BLAOm,'TOP 01-4280-2340 ! ,621.08 ,.~:NL-CD 1010 1621.08 2,75'5.50 AUG PR~ECLFFIDN 01-4110-312Q 2,75,5.50 JRNL-CD 1010 2~5.50 ~.05 PRI)~-IO12 01-4320-5000 8.72 INT -1012 '01-4~0-6110 523.38 AUG MA!NT-5600 0!-4~0-~00 5:~.15 JRNL-CD 10!0 · 540.15 46.15 ELECTION JUDGE 9/13 01-~60-1300 46.15 JRNL-CD 1010 46.15 39.05 ELECTION JUDGE 9/13 01-4060-1300 39.05 JR)~-CD 1010 LEA~ICE COOPER .05 PAgE 7 AP-C02-01 VD~DOR INVOICE NJ. iNVOICE NMBR DATE DUE HOLD DATE STATUS PURCHASE CITY OF MOUND AMOUNT DESCRIPTION JDU ~,~ L PREzPAiD AMO,5?,IT C~ Z6403 9/21/88 9/21/88 60.35 ELECTION JUDGE 9/13 60.35 dRNL-CD 01-4060-I300 1010 ~ MOKDLOH V~DOR TOTAL 60.35 Z6004 9/21/88 85.35 ELECTION JUDGE 9/13 85.35 JRNL-CD 01-4060-13C~ 1010 ANN SCHWINGLER VENDOR TOTAL 85.35 Z6005. 9121/88 9121/~S 87.13 ELECTION JUDGE 9/13 87.13 J~IL-CD 01-4060-1300 1010 BARBARA SID[ERS VENDOR TOTAL 87.13 Z6006 9/21/88 9/21/88 58.58 ELECTION JUDGE 9/13 58.58 JRNL-CD 01-4060-13~ 1010 GUNHILD A~I~SON VENI~ TOTAL 58.58 Z6007 9/21/88 9/21/88 40.83 ELECTION JUDGE 9/13 40.83 JRNL-CD 01-4060-1300 1010 MARION DAVI[GON Z6008 VENDO~ TOTAL 9121188 9/21/~8 40.83 58.58 ELECTION JUDGE 9/13 58.58 JR~&-CD 0t-4060-1300 1010 BETTY JONSON VENDOR TOTAL 58.58 Z6C40 9/21/88 9/21/E8 60.35 ELECTION JUDGE 9/13 60.35 ~NL-CD 01-4060-1300 !010 ~'.AN S~NSON VENDOR TOTAL 60.35 Z6011 9121188 9/21/~ 87.13 ELECTION JUDGE 9/13 87.13 JRNL-CD 01-4060-13~ 1010 ROBERT CARLSON MARION GILBERTSDN ~F~NDDR TOTAL 9/21/88 9/21/88 VENDOR TOTAL 87.13 62.13 ELECTION JUDGE 9/13 62.13 J~NL-CD 62.13 o1-~O6o-1soo 1010 Z6015 9/21/88 9/21/~ 60.35 ELECTION JUDGE 9/13 ' 60.35 JRNL-CD 01-4060-1300 1010 ARD~ ! F SKOGLU~ VENDOR TOTAL 60.35 9/21/88 9/21/81 39.05 ELECTION JUDGE 9/13 3~.05 Jn'%-CD 01-4060-13~ 1010 VIRGINIA J~DEE Z6019 VENDOR TOTAL ~.05 58.58 ELECTION JUDGE 9/13 23~ 01-4060-1300 I?~"¢OICE ,~. i:~vO~.'_=... ..... _... ]:'.ATE EOROi~HY O"BRIEN Z6020 SHIRLEY PHLEGER Z6021 AL SCHW!N~: Z60,~ SANDI WOYTC~:~ ELSIE [hRE~EL Z6024 ARLENE GILMGRE Z6025 u~N,"E1-FE JOHNSON Z6Zt28 EP~A BRANDE)OURG Z6031 KATHY OMAN Z~4.32 HOLLY BOSTRC~'~ ~I.0 LOIS BROWN DUE HOLD DATE STATU~ ?/21/88 ?/21/88 VENDOR TOTAL ~/21/88 ~12I/~:] VENDOR TOTAL ?/21/88 9/21/88 VENnDOR TOTAL /~1/oo VEND~ TOTAL 9/21/88 ?/21/~ VEN.110R TOTAL 9/21/88 9/21/~ VEND~ TOTAL 9/21/88 ?/21/88 V~-NI~OR TOTAL ?/21/88 VEND~ TOTAL 9/2!/88 9121188 VENDOR TOTAL 9121/88 9/21/E8 V~ND~ TOTAL VEF~DOR TOTAL ?/21/88 ?/21/88 PURCHASE JOURNAL CiT¥OFMOUND AMOUNT DESCRIPTION 58,58 JRNL-CD 53,25 ELECTION JUDGE ?/13 ,~. ;,~JRNL-CD 53.~ 60.35 EleCTION JUDGE ?/13 60.,~,.JRN~L- CD 60.35 87.13 ELECTION JUDGE ?/13 87.13 dR~{-CD 87.13 60.35 ELECTION JUDGE ?/13 60.35 dRNL-CD 60.35 60.35 E~CTION dUDGE ?/13 60.35 dRNL-CD 60.35 61.24 ELECTION dlJDGE.9/13 61.24 JRNL-CD 61.24 58.58 ELECTION JUDGE .9/13 58.58 dRNL-CD 58.58 58.58 ELECTION dUDGE ?/13 58.58 JRNL-CD 58.58 41.30 ELECTION dUDGE ?/13 41.30 dRNL-CD 41.30 ,8.,~8 ELECTION dUDGE 9/13 58.58 dRNL-CD 58.58 58.58 ELECTION dUB~ 9/13 58.58 JRNL-CD 1010 01-4060-1300 1010 01-4060-13(~ 1010 01~4060-13CQ 1010 01-4060-1300 i010 01-4060-1300 1010 01-4060-13~ 1010 0!-4060-1300 I010 01-4060-1300 I010 01-4060-1300 1010 01-4060-1300 1010 01-4060-!3C~ I~}10 PRE-PAID A~NT PASE '~ AP-C02-01 VE?<DOR INVOICE DUE Hq]LO ~{0. INVOICE NMBR DATE DATE. STATUS PURCHASE CITY OF )qObND AMOUNT L_~CRIPT.O,~ JOURNAL ACCOb?-IT F~:E-PAiD A,)~OUNT CHi REGINA BUSHA Z6152 RUTH SMITH Z6153 PHYLLIS ORN Z61~ SUZANNE CLARK Z61~ JEAN ROBINSON Z6156 CLIFFORD WILSON Z61~ BOB BYrnES JU~E MESSICK Z6157 PHYLLIS RUDOLPH Z6160 MARC!LA ~LL Z6161 S~NDRA WILSEY Z6162 V~DD~ TOTAL 9/21/~9 9/21/88 VENDOR TOTAL 9/21/88 9/21/E8 ~NDOR TOTAL 9/21/88 9/21/~ VENDOR TOTAL 9/21/88 9/21/88 VE~ TOTAL 9/21/88 9/21/89 ~ENDDR TOTAL 9/21/88 9/21/88 VENDOR TOTAL 9/21/88 9/21/88 V6hIDOR TOTAL 9/21/88 9/21/88 VENDOR TOTAL 9/21/88 9/21/~ VO',E)OR TOTAL 9/21/88 9/21/E8 VEI4DDR TOTAL 9/21/88 9/21/~ 58.58 30.18 ELECTION JUDGE 9/13 30.18 JR)~.-CD 30.18 58.58 ELECTION JUDGE 9/13 58.58 JRNL-CD 58.58 60.~ ELECTION JLE~GE 9/13 60.35 JRNL-CD 60.35 39.05 ELECTION JUDGE 9/13 39.05 dRNL-CD 39.05 60.35 ELECTION JUDGE 9/13 60.35 ~NL-CD 60.35 60.35 ELECTION JUDGE 9/13 60.35 ~NL-CD 60.35 6O.~ ELECTION JUDGE 9/13 60.35 JRhL-CD 60.35 60.35 ELECTION JUDGE 9/13 60.35 ~NL-CD 60.35 60.35 ELECTION JUDGE 9/13 60.35 JRNL-CD ~.35 28.~0 ELECTION JUDGE 9/13 ~.40 28.40 88.90 ELECTION JUDGE 9/13 88.90 ~NL-CD 01-4060-1300 1010 01-4-%0-1300 1010 01:4060-1300 1010 01-4060-1300 1010 01-4060-13O0 1010 01-406O-1300 1010 O1-4060-1<W/J 1010 01-406~-1300 1010 01-4060-1300 1010 01-4060-1300 1010 01-4060-1300 1010 7,-~MA C"~'~DERSON Z6164 ~.ORES MAAS I~JvOIC~ DUE HOLD DATE DATE. STATUS VE,~-JDOR TOTAL 9121/88 ~ ~ ~ Y/~llc.8 VENDOR TOTAL 9121188 9121188 V~q'ElOR TOTAL TOTAL ALL VENDORS PURCHASE CITYOFMOUND AMOUNT 88,90 61.24 61.24 &1.24 42.60 42.60 42.60 72,807.86 DESCRIPTION ELECTION JUDGE dRNL-CD ELECTION ,JUDGE dRNL-CD 9/13 9/13 O1-4~.60-1.JOu 1010 0!-4060-1300 1010 PE~-PAID ~oo ( ~2--~~ -MEMORNDUM TO: FROM: DATE: RE: Board of Managers Minnehaha Creek Watershed District Eugene A. Hickok and Associates · · .... 2 1 Ig88 September 15, 1988 Lake Level, Flow and Precipitation Summary for August 1988. Lake levels in Lake Minnetonka have continued to decline through August as illustrated bY the attached graph and lake elevations. There has not been any discharge from Lake Minnetonka to Minnehaha Creek since November 17, 1986. Creek flow at the Browndale Avenue dam in Edina during July is shown below. The 30-year average precipitation for june at the National Weather Service station in Maple Plain is 4.09 inches. The actual precipitation recorded in Wayzata for August was 3.75 inches. A summary of precipitation follows. PRECIPITATION SUMMARY AUGUST 1988 Maple Plain Minneapolis-St, Paul International Airport Wayzata Actual 30-Year Average __ 4.09 4.29 3.64 3.75 MONTHLY FLOW SUMMARY August 3 August 10 August 17 August 24 ' August 31. Grays Bay (cfs) 0 0 0 0 0 Browndale Avenue Dam (cfs) 9.2 8.6 2.5 3.2 1.4 glo.oD LAKE MINNETONKA Woter Levels 1987-1988 929.50 - NOHW(929.4) 929.00 - 92B.50 - 928.00 . 927.50 927.00 - 926.50 - 925.00 .............. i .............. i .............. ~ .............. ~ .............. ~ .............. ~ .............. ~,. 06.--Apr--E7 21-Jul-87 26--Aug--S7 09-Nov-87 04--Apr--88 03--Jun--F~8 21-Ju1-~88 06-Sop--B8 DATE O&-Jul-17 ~27.41 22-3ul-I? ~27.79 24-Jul-87 121.&2 O.O0 27-Jul-D7 ~28,75 2D-~ul-17 12D.73 0.00 ~O-Jul-i7 V28.7! 0.00 31-Jul-17 V21.1t Oi-Aug-87 92B.71 IG-AUg-87 921.7V 0.00 H-Aug-iT 928.77 17-Aug-17 ~20.15 0.00 lI-AUl-87 928.83 ti-Aug-17 928.7~ 24-AUl-17 92L72 3l-Au~-17 921.it DI-S,p-87 121.&4 0.00 O8-SeF-D7 9~.t2 0.00 t7-Feb-88 927.94 O.O0 i4-Sop-17 92D.4D 0.00 2t-Feb-B8 927.96 O.O0 ti-Sap-B7 928.~3 O.OO 07-nar-88 927.96 0.00 2J-bp-B7 ~2D.I? 0.OO .. J~-~ar-88 128.00 0.00 2t-Sop-B7 ~28.44 O.O0 28-Ser-D7 128.42 0.00 Or--Oct-D7 128.$2 0.00 t2-Oct-D7 128.13 0.00 ti-Oct-D7 ~28.16 0.04 2e-Oct-B7 128.1} 0.00 2&-Oct-D7 928.92 0.04 02-N0v-87 928o0& 0t-ilar-17 921.04 0.00 ti-Kay-iT 92D.D4 24-N0v-07 928.00 0.00 O/-DK-17 928.10 0.00 07-hc-D7 128.08 0.0~ I4-Dgc-17 121.OD O.O0 O}-Je~-88 If27.1& 0.00 Ii-Jla-ii 927.18 O.O0 03-Feb-iS 127,9& 24-Kit-OB 928.0& 0.00 30-air-B8 928.08 0.00 04-Air-D8 121.J4 O.O0 06-Ant-B8 128,J& 0.00 tl-A~r-B8 920,14 0.00 13-Asr-88 920.16 0.00 tB-R)r-B8 128.20 0.00 25-A,r-88 928.06 0,00 28-A )r-88 928.08 0.00 03-Aa'-88 928.00 O.OO O&-aa.-il 928.00 0.00 09~Rd '-88 928.J4 0,00 13-Si,-88 92~.04 0.00 17-Rd'-18 ~28,00 0.00 24-AU'-88 127.~0 0.00 31-fla"-18 927.84 0.00 Ik~f[I TI~ zero tlevatloa for the like gauls mis adjusted do, n 0.22 feet. 03-Jun-la 927.80 0.00 06-Joe-88 927.76 0.00 0t-Jun-D8 927.&6 0.00 il-Jun-88 127.~ 0.00 ti-Jun-88 127.~2 D.OO 20-a,~-88 127.44 0.00 24-Jue-88 127.40 0.00 27-3,n-U 927.20 30-Jun-88 927.tl 0.00 Or-Jul-88 927.08 0.00 07-Jul-18 921.06 O.O0 Il-Jul-ii 926.98 0.00 Il-Jut-18 ~27.04 0.00 l~-Jul-88 921.ia 0.00 18-J~l-88 926.10 0.00 2f-Jul-88 926.96 0.00 2~-J,1-88 126.88 0.00 2Hui-88 126.80 0.00 OI-AUg-88 ~26.72 0.00 03-Aug-88 126.76 0.00 04-Aug-88 926.96 0.00 OB-Aug-lB 12&.90 0.00 tO-Aug-88 12&.Da O.OO · 12-Aug-B8 92&.14 0.00 I&-AUg-88 926.66 0.00 Ii-Aug-il 12&.7l 0.o~ 22-AUg-Da 92&.&D 0.00 24-Au9-88 92&.61 0.00 26-Aug*ii 926.&2 0.00 30-Aug-Bi 126.~4 0.00 06-S,~-i8 126.46 O.OO 12-Sip-la 126.30 0.00 l~-Sep-08 926.30 0.00 5 SIX MONTH PRECIPITATION RECORDED 3 2 MAR. 88 APR. 88 AUG. 8B ?-71 MAPLE pLAIN AVE. MAY 88 JUN. 88 JUL. 88 MONTH WAYZATA AC*[UAL $I] ~ONTH PRECIPITATION RECORDED HPLG. AIRPORT HPL6. AIRPORT RAPLE PLAIN #AYZATA AVERAGE ACTUAL AVERAGE ACTUAL OCT, 87 1.85 0,60 2,06 0.64 NOV,, 87 1.29 2.07 146 2.37 DEC, 87 0.87 1.25 0.86 0.79 3AN. 88 0.82 1,$7 0.84 0.96 FED, 88 0.85 0.30 0.78 0.19 NAR, 88 1.17 1.33 1,52 1.51 APR. 88 2.05 1.58 2.35 0.9~ WY 88 $.20 1.70 3.~$ 1.46 JUN, 88 4.07 0.22 4.83 0.10 JUL, 88 3.51 1.17 4.65 2.34 AUG. 88 3.64 4.29 4.0~ 3.75 METROPOLITAN COUNCIL Meats Park Ce.,re, 230 East Fifth Street, St. Paul, MN. 5510] 612 291-6359 September 20, 1988 To: Hennepin County Elected Officials County Administrator City Managers Legislative and County Board Candidates Another year has gone by and it is again time for the annual series of the Metropolitan Council chair's regional breakfast meetings. Council chairs have held these regional meetings every fall since 1975. They provide an opportunity for us to talk about the issues the Council is dealing with and for you to express your ideas about the Council and its work. I would like to discuss with you the Council's priority.projects for next year, and some of the metropolitan issues we think the legislature may address in 1989.. A good share of the meeting, however, will be devoted to your thoughts about what you think we're doing right, what we're doing wrong and what we should be doing in the future. My plan is to have breakfast meetings in both northern and southern Hennepin County, and another meeting in Minneapolis for its local officials. The meeting for the northern part of Hennepin County. will be held on Friday, Oct. 14, 'at the Kopper Kettle, 225 Central Ay., Osseo. The second meeting will be on Tuesday, Oct. 18, at the Hopkins House, 1501 Hwy. 7, Hopkins. You may attend either or both meetings. The meetings will be Dutch treat breakfasts beginning at 7:30 a.m. and ending by 9 a.m. I look forward to seeing you and other public officials from Hennepin County at these meetings. Please RSVP to Jane Larson at 291-6500 by Oct. 13. Since rely, Steve Keefe Chair Mc-~ombs Frank Roos Associates, Inc. Twin Cities St. Cloud 15050 23rd Ave N. Telephone Engineers Plymouth, MN 612/476-6010 Planners 55447 Surveyors September 27, 1988 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Nound, Minnesota 55364 SUBJECT: Drummond Road Street Improvements NFRA #8521 Dear Honorable Mayor and Council Members: Enclosed is a petition received by the City for upgrading the remaining unimproved portion of Drummond Road, west of Amherst Lane by construction of a 16 foot wide bituminous road with bituminous curbs. The cost of this improvement would be shared by the three property owners whose signatures are on the petition along with the City which also owns abutting property. We have received bids for this additional street work from two contractors. Preferred Raving's bid was in the amount of $5,309.00 and G.L. Contracting bid $4,463.00. G.L. Contracting is presently under contract with the City for the original project and, because they were the low bidder for this additional work, we therefore recommend they be awarded the contract. We would also suggest that the cost of this additional street work be assessed as soon as possible. The total cost of this project, including the City's expenses such as engineering, legal, fiscal and administrative costs, would be $4,900.00. Attached is a breakdown of the preliminary assessment roll. If you have any questions or need additional information, please contact US. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron JC:jmj Enclosures An Equal Opportunity Employer F~TITION FOR LOCAL I~4=ROVE~NT MOUND, MINNESOTA. ~-~C]-~-~ day of C~E..~-T , 1982~__z TO TF~ CITY COUNCIL OF TFE CITY OF MOUNO, MINNESOTA: We, the undersigned, owners of all real property described as and abutting on hereby petition that improvements be ~e by the construction of and, in accordance with M.S.A. 429.031, Subd. 3, hereby waive any public hearing to be held on said improvement. We further state and agree that we are all the persons owning properties to be assessed for said improvements. SIG~TURE OF OWNER DESCRIPTION OF PROPERTY Examined, checked, and found to be in proper form and to be signed by the required number of owners of property affected by the making of the improvement petitioned for City Clerk September 27, 1988 RESOLUTION NO. 88- RESOLUTION DECLARING COST TO BE ASSESSED AND ORDERING PREPARATION OF PROPOSED ASSESSMENT WHEREAS, costs have been determined for the improvement of Drummond Road from 100 feet east of Amherst Lane to 100 feet west of Devon Lane by the construction of a bituminous road and the bid price for such improvements is $4,463.00, and the expenses incurred or to be occurred in the making of such improvements amount to $437.00 so that the total cost of the improvements will be $4,900.00. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: The portion of the cost of such improvement to be paid by the City is hereby declared to be $1,400.00 and the portion of the cost to be assessed against benefited property owners is declared to be $3,500.00. Assessments shall be payable in equal annual installments extending over a period of 5 years, the first of the installments to be payable on or before the first Monday in Oanuary, 1990, and shall bear interest at the rate of 8 percent per annum from the date of the adoption of the assessment resolution. The City Clerk, with the assistance of the City Consulting Engineer, shall forthwith calculate the proper amount to be specially assessed for such improvement against every assessable lot, piece or parcel of land within the district affected, without regard to cash valuation, as provided by law, and he shall file a copy of such proposed assessment in his office for public inspection. e The Clerk shall, upon the completion of such proposed assessment, notify the Council thereof. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk TAXPAYER STREET TOTAL NAME & ADDRESS PRELIMINARY ASSESSMENT ROLL DRUMMOND ROAD STREET IMPROVEMENTS PROPERTY I.D. NUMBER PROPOSED PARCEL ASSESSMENT PAUL K AND MARY E SERECYZEK 3225 DEVAN LANE SOUTH MOUND, MINNESOTA 55364 25-117-24 ll 0025 LOTS 17 THRU 20, BLOCK ll, DEVON 1,600.00 MARK AND DEBBIE McCURDY 4818 ISLAND VIEW DRIVE MOUND, MINNESOTA 55364 25-117-24 11 0026 LOTS 4 AND 5 AND W 1/2 OF LOT 3, BLOCK 12, DEVON 950.00 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 25-117-24 11 0149 LOTS 13 AND 14, BLOCK 11, DEVON 950.00 STEPHEN P STRAGNER 4817 HANOVER ROAD MOUND, MINNESOTA 55364 25-117-24 11 0150 LOT 15, BLOCK 11, DEVON 950.00 CITY OF MOUND, MINNESOTA 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 LOTS 1, 2 AND EAST HALF OF LOT 3, BLOCK 12, DEVON 450.00 TOTAL ASSESSMENT $ 4,900.00 September 27, 1988 RESOLUTION NO. 88- 141 RESOLUTION FOR HEARING ON PROPOSED ASSESSMENT DRUMMOND ROAD STREET IMF~OVEMENT WHEREAS, by a resolution passed by the Council on September 27, 1988, the City Clerk and the City Engineer were directed to prepare a proposed assessment of the cost of making street improvements on Drummond Road from 100 feet east of Amherst Lane to lO0 feet west of Devon Lane by the construction of a bituminous road; and WHEREAS, the City Clerk has notified the Council that such proposed assessment has been completed and filed in her office for public inspection; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: A hearing shall be held on the 25th day of October, 1988, in the City Council Chambers, 5341 Maywood Road, at 7:30 P.M., to pass upon such proposed assessment and at such time and place all persons owning property affected by such improvement will be given an opportunity to be heard with reference to such assessment. e The City Clerk is hereby directed to cause a notice of the hearing on the proposed assessment to be published once in the official newspaper at least two weeks prior to the hearing, and she shall state in the notice the total cost of the improvement. She shall also cause mailed notice to be given to the Owner of each parcel described in the assessment roll not less than two weeks prior to the hearings. The Owner of any property so assessed may, at any time prior to certification of the assessment to the county auditor, pay the whole of the assessment on such property, with interest accrued to the date of payment to the City Treasurer, except that no interest shall be charged if the entire assessment is paid within 30 days from the adoption of the assessment. He may at any time thereafter, pay to the City Treasurer the entire amount of the assessment remaining unpaid, with interest accrued to December 31 of the year in which such payment is made. Such payment must be made before November 15 or interest will be charged through December 31 of the succeeding year. The foregoing resolution was moved by Councilmember and seconded by Councilmember . The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk