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1989-04-25MOUND CITY COUNCIL REGULAR MEETING 7:30 P.M., TUESDAY, APRIL 25, 1989 COUNCIL CHAMBERS CITY OF MOUND MOUND, MINNESOTA AGE N D i~ 1. Pledge of Allegiance. Approve the Minutes of the April 11, 1989, Regular Council Meeting and the April 18, 1989, Committee of the Whole Meeting. Pg. 1176-1185 3. PUBLIC HEARING: Delinquent Utility Bills. Pg. 1186-1187 CASE ~89-804: Mark and Stacy Goldberg, 4853 Island View Drive, Lot 4, Block 14, Devon, PID #25-117-24 11 0037, Reconsideration of Variance Due to Structural Conditions. Pg. 1188-1212 Presentation by Jim Robin, Landscape Architect, RE: Beautification of County Road 15. CASE #88-732: Vic Cossette, ARCO/Century Co., 5533 Shoreline Blvd., Lot 5 and Westerly 50' of Lo~ 6, Auditors Subdivision 170, PID #13-117-24 33 0007 & 0008. Conditional Use Permit Amendment. Pg. 1213-1226 Application for Operations Permit: 5340 Shoreline Boulevard. HBC, Inc. Pg. 1227-1234 CASE ~89-809: Jack Cook, 4452 Denbigh Road, Block 1, Lot 2, Avalon PID #19-117-23-24 0002, Variance. Pg. 1235-1260 9. Request to Sell city Owned Property: Lots 13 & 14, Block 11, Devon. Pg. 1261-1269 10. .Comments and Suggestions from citizens Present. 11. Presentation of 1988 Financial Audit Report - (Draft) Gary Groen, Abdo, Abdo & Eick (Separate, with Packet) 12. Application for Installation of Rip-Rap, Lakewinds Association. Pg. 1270-1275 Page 1173 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. Resolution Reconveying (If Necessary) Certain Tax Forfeit Lands Back to the State and Requesting the county Board to Improve Conditions on the Sale of Said Tax Forfeit Lands and to Restrict the Sale to Owners of Adjoining Lands. Pg. 1276- Resolution Authorizing Application for Conveyance from the State of Certain Tax Forfeit Lands. Pg. -1289 Petition for Concrete Curb and Gutter, Bituminous Paving and Storm Sewer, Lots 88 through 99, Phelps Island Park, First Division. (Unimproved Denbigh Road) Pg. 1290-1309 Resolution Approving a Proposal by Hennepin County to Install a Stoplight at the Intersection of Commerce Blvd. and Lynwood Blvd. moving Crosswalk from mid block of Commerce Blvd. (Ben Franklin) to South Side of Intersection at Commerce Blvd. and Lynwood Blvd. and Allowing Accesses to Parking Lot on East Side of Commerce Blvd. (Tonka West Center) to Remain Open with "Enter Only" Restrictions with Work to Begin As Soon As Possible. Pg. 1310 Approval of Amendment to the 1988 Solid Waste Agreement with Hennepin County. An Ordinance Amending See~on 311:00 and 311:05 of the City Code Relating to Mechanical and Gas Piping Permits and Registration of Contractors. License Renewals & New Licenses - o Bowling o Pool Table o Games of Skill o Restaurant o Juke Box o Gambling Pg. 1311-iJ13 pg. 1314-1316 Pg. 1317-1318 Approval of Garden Leases Payment of Bills Pg. 1319-1320 Pg. 1321-1336 INFORMATION/MISCELLANEOUS ae March 1989 Financial Report as prepared by John Norman, Finance Director. Pg. 1337-1338 Bo Planning Commission Minutes of April 10, 1989. Pg. 1339r1349 C. Park Commission Minutes of April 13, 1989. Pg. 1350-1354 D. LMCD Minutes of March 29, 1989. Pg. 1355-1361 Page 1174 Fe Ge Ke Memo from Senator Gen Olson regarding S.F. 1129 and S.F. 187, two bills that would affect Lake Minnetonka and Mobile Home Parks. Pg. 1362-1367 Program Schedule for the Annual League of Minnesota Cities Conference to be held June 6-9, at the Hyatt Regency Hotel in downtown Minneapolis. The annual conference is an event that I would recommend you attend. Let Fran know, if you wish to attend, by May 19, 1989. Pg. 1368-1373 In conjunction with the LMC Conference~ the National League of Cities is sponsoring a one-day seminar called "Strategies and Steps for a Dynamic Downtown". This will be held on Tuesday, June 6th, from 8 AM to 5:30 PM. The LMC Conference begins at 6:30 PM. The NLC seminar will also be held at the Hyatt. I would recommend this to you as well. This seminar may be valuable for our newly created Economic Development Commission (EDC). What do--- you think? If you have no objection, I will ~ inform the EDC at its first meeting, of this seminar, and I will indicate to them that the City will pay their registration. Let Yran know if you wish to attend this seminar by May 19, 1989. Pg. 1374 News Release from Hennepin County Board of Commissioners entitled, "Recycle Plastic - Don't Throw It Away and Don't Ban It". Pg. 1375-1377 city of Mound received an award at the annual Recycling Luncheon sponsored by Hennepin County on April 19th. Mound was awarded by achieving the County's 1988 Goal of Recycling 9% of the solid waste stream. The award was presented to Mayor Smith by Hennepin County Commissioner ~Randy Johnson. The Association of Metropolitan Municipalities (AMM) has developed a brochure on understanding property tax impact. It is entitled "Property Tax Impact Made Understandable". Pg. 1378 The Citizen's Task Force on Public Facilities has requested that the city Council appear at their next meeting to discuss informally the Task Force's work. Please plan on attending the meeting. It will be held Thursday, May 4, 1989 7:00 PM, city Hall. Page 1175 43 April 11, 1989 MINUTES - MOUND CITY COUNCIL - APRIL 11, 1989 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, April 11, 1989, at 7:00 P.M., in the Council Chambers at 5341 Maywood Road, in said City. Those present were: Mayor Steve Smith, Councilmembers Andrea Ah- rens, Liz Jensen, Phyllis Jessen, and Skip Johnson. Also present were: City Manager Edward J. Shukle, Jr, City Clerk Fran Clark, City Attorney Jim Larson, and Building Official Jan Bertrand and the following interested citizens: Jim Roberge, Curt Brekke, Paul Willette, Steve Helland, Craig Schumacher, Richard Skala, Rob Maiers, Jim Naber, and Lance Cole. The Council met at 7:00 P.M. and interviewed Tim Kenealy for the Economic Development Commission. Mary Olson Coleman did not ap- pear for her interview. The regular meeting started at 7:30 P.M. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. MINUTES MOTION made by Johnson,. seconded by Jensen to approve the minutes of the March 15, 1989, Regular Meeting and the April 1, 1989, Special Meeting as submitted. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: CASE ~89-807: CONSIDERATION OF A CONDITIONAL USE PERMIT FOR A CLASS II RESTAURANT FAST FOOD AND CONV~.NIENCE DRIVE-UP WINDOW IN THE B-1 CENTRAL BUSINESS DISTRICT LOCATED AT 5307 SHORELINE BLVD. t SHIRLEY HILLS UNIT "F',, BLOCK 3, LOTS 1, 2 & 3t PID ~13-117-24 3~. 0038/0039/0040 The Building Official reviewed the applicant's request for condi- tional use permit approval for a Subway Sandwiches and Salad Shop~ The Staff and Planning Commission recommended approval subject to the following conditions: The microphone and order board shall be moved to the south- west corner of the parking along the west side of the build- ing allowing a minimum of 120 feet of stacking distance for waiting vehicles. The microphone and order board shall be protected by a raised bituminous or concrete median area with a 6 inch curb. 44 April 11, 1989 2. A four foot wide, bituminous curbed median section will be constructed along the south edge of the property estab- lishing a full movement entrance/exit on the west end and exit only on the east end. The east end shall be signed "Exit Only". Parking along the south side shall be in- stalled at a 45 degree angle. 3. All signage shall conform to the Mound Sign Ordinance. 4. The public address system shall not be audible from any residential use and shall meet all State noise requirements. 5. All parking stalls shall be sized to meet city code. All parking stalls shall be clearly delineated by painted lines and shall be repainted as necessary to remain functional. 6. A bituminous or concrete curbed raised median area shall be constructed as shown on the site plan at the southeast cor- ner of the building to separate drive-in traffic from south- bound vehicles along the east side of the property. The median should contain reflector signage to enhance visibility. 7. Painted stripes shall be used to delineate the drive-through aisle area. The striping shall be repainted as necessary to maintain the area's function. 8. A trash enclosure shall be constructed consistent with city code requirements. 9. A performance bond for the physical improvements in an amount established by the City Engineer shall be forwarded to the city prior to building permit issuance. 10. The applicant shall prepare a new site plan consistent with the final recommended conditional use permit and submit it to the City Planner for review and approval prior to build- ing~permit issuance. The applicant, Tim Johnson, stated he nor the landlord have any problems with the staff recommendation. Johnson moved and Ahrens seconded the following resolution: RESOLUTION %89-35 RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT FOR A CLASS II RESTAURANT FAST FOOD AND CONVENIENCE DRIVE-UP WINDOW IN THE B-1 CENTRAL BUSINESS DISTRICT LO- CATED AT 5307 SHORELINE BLVD., SHIRLEY HILLS UNIT "F", BLOCK 3, LOTS 1, 2 & 3, PID #13-117-24 34 0038/0039/0040, P & Z CASE #89-807, SUBWAY SANDWICH & SALAD SHOP I177 45 April 11, 1989 The vote was unanimously in favor. Motion carried. CASE #89-805: RESOLUTION DENYING THE APPLICATION OF JOSEPH LEM MERMAN FOR A WAI¥~R OF PLATTING ORDIN_____~ANCE - LOT 55, AUDITOR'S SUBDIVISION %168 AT 5950 BARTLETT BLVD. The Building Official explained that this resolution was prepared to give the reasons for denial of the request at the March 15 1989, meeting. , Johnson moved and Jensen seconded the following resolution: RESOLUTION #89-36 RESOLUTION DENYING THE APPLICATION OF JOSEPH LEMMERMAN FOR A WAIVER OF PLAT- TING ORDINANCE - LOT 55, AUDITOR,S SUB- DIVISION %168 AT 5950 BARTLETT BLVD., PID %23-117-2413 0032, P & Z CASE %89- 805 The vote was unanimously in favor. Motion carried. BID AWARD: 1989 SEAL COAT PROGR/~ The City Manager explained that three bids were received for the 1989 Seal Coat Program. They were as follows: Allied Blacktop, Inc. $29,971.00 Minnesota Roadways, Inc. $38,590.00 Bituminous Roadways, Inc. $47,600.00 The recommendation is to award to Allied Blacktop. Jessen moved and Jensen seconded the following resolution: RESOLUTION #89-37 RESOLUTION TO AWARD THE BID FOR THE 1989 SEAL COAT PROGRAM TO ALLIED BLACKTOP, INC. IN THE AMOUNT OF $29,971.00 The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were no comments or suggestions. REVIEW OF ORDINANCE %24-1989 - ORDINANCE ADDING SECTION 311 TO THE CITY CODE RELATING TO MECHANICAL AND GAS PIPING REGULATIONS AND ADDING SECTION 520:00, SUBSECTION (i) RELATING TO FEES FOrt SAID PERMITS AND REGISTRATION Mayor Smith stated he asked to have this on the agenda for review because he had received several calls regarding the licensing from other cities section of this ordinance. 46 April 11, 1989 The Building official stated that she has spoken with the mechanical contractors present tonight and understands their problem with some of the language in the new ordinance. There- fore, she is recommending that an amendment be made to this or- dinance. Section 311:00 currently reads as follows: Section 311:00. ~Permit Required, Fees. It is unlawful for any person to perform any work on mechanical systems, in- cluding gas piping, of a building regulated by this Code without first having obtained a permit and paid the fees required in Chapter 5. Permits required by this section may be issued only to persons duly licensed as mechanical con- tractors by the city of Minneapolis, Minnetonka, Bloomington, or some other licensing authority which is deemed equal by the Administrative Authority. She recommends it be amended to read as follows: Section 311:00. Permit Required, Fees. It is unlawful for any person to perform any work on mechanical systems, in- cluding gas piping, of a building regulated by this Code without first having obtained a permit and paid the fees_. required in Chapter 5. Section 311:05 currently reads as follows: Section- 311:05. Mechanical Contractor's. License, Reqistra- tion, Fee and Bond. Each person, firm, or corporation doing mechanical or gas piping installation, repair, or connection for hire within this city, shall have a current license as mechanical contractor from the city of Minneapolis, Min- netonka, Bloomington, or from some other licensing authority which is deemed equal by the Administrative Authority, and shall first apply to the City for the registration with the City of such license, and shall pay the following registra- tion fee and shall file with the City Clerk the following bond, insurance, and other requirements: She is recommends it be amended to read as follows: Section 311:05. Mechanical Contractor's License, Reqistra- tion, Fee and Bond. Each person, firm, or corporation doing mechanical or gas piping installation, repair, or connection for hire within this City, shall pay the following registra~ tion fee and shall file with the City Clerk the following bond, insurance, and other requirements: Paul Willette asked if there could be a definition of "mechanical contractor" incorporated into the ordinance. The Building offi- cial stated that the State Building Code defines the scope of mechanical work as heating, air conditioning, ventilation and refrigeration. This is incorporated by reference in the City Code. 47 April 11, 1989 Smith moved and Ahrens seconded a motion directing staff to prepare an ordinance amendment for Sections 311:00 and 311~05 as recommended above. This Will be brought back to the next meeting for approval. The vote was unanimously in favor. Motion carried. TRIAX MIDWEST ASSOCIATES L.P. TO PLACE A SATELLITE DISH The Building Official explained that this request was to allow a 20 foot setback to place a 10 foot satellite dish to receive the Midwest Sports Channel The City Attorney stated that because this is a completely dif- ferent request than the 1983 resolution allowed and is really not an extension of that resolution, it should go to the Planning Commission for their recommendation before being considered by the City Council. The City Council agreed. The item will go to the.Planning Commission on April 24 and be brought back to the Council on April 25 for consideration. P_AYMENT OF BILLS MOTION made by Jensen, seconded by Jessen to authorize the payment of bills as presented on the pre-list in the amount of $150,342.22, 'when funds are available. A roll call Vote was unanimously in favor. Motion carried. SET DATES FOR PUBLIC HEARINGS A. MOTION made by Jensen, seconded by Smith to set a public hearing for May 9, 1989, at 7:30 P.M. to consider a major subdivision and conditional use permit for three (3) town house units to be constructed in a B-2 General Business Dis- trict located at 5545 Three Points Blvd., Lafayette Park Lake Minnetonka, Part of Lot 27 and Part of Govt. Lot 4 PID #13-117-z4 22 0023. The Vote was unanimously in favor. Mo- tion carried. · B. MOTION made by Jessen, sec°n~Qd by Ahrens to set a public hearing for ~ay 9, 1989, at 7:30 P.M. to consider rezoning from a B-3, Neighborhood Business District to a B-2, General Business District to allow the operation of a Class III res- taurant at 4451 Wilsi~ire Blvd., Lots i through 18, Block 8, Avalon, PID #19-117-23 ~1 00~1. The vote was Unanimously in favor. Motion carried. C. MOTION made by Johnson, sec°~ded by Smi to set a public hearing for Ma, 9, 1989, at 7:=0 P.M to consider a condi- tional use for a = 54 & 55, PID #14- 48 April 11, 1989 117-24 44 0042. carried. The vote was unanimously in favor. Motion GARDEN LEASE MOTION made by Jessen, seconded by Jensen to .authorize the Mayor and City ~anager to enter into a garden lease with Herman Schrupp for Lot 22, Block 5, Dreamwood, PID %13-117- 24 12 0026 for one year. The vote was unanimously in favor. Motion carried. RECYCLING UPDATE - COUNCILMEMBER JOHNSON Councilmember Johnson reported that Mound now has approximately 1/3 household participation in the recycling program. He stated we need more and made the following suggestions to increase participation: 1. Leaf collection - 80% reimbursement from Hennepin County in 1989. 2. Utilize a drawing for cash prizes - also reimbursable. from Hennepin County. Councilmember Ahrens asked if instead of using money, gift certificates purchased from local businesses could be used. This will re- searched. 3. Encourage recycling by schools and businesses. 4. In the next recycling contract have a drop-off site. 5. Check into what can be done with the garbage hauler rates for those who do recycle. The Council discussed these items and authorized the City Manager to proceed with the leaf collection plans and ask for reimburse- ment from Hennepin County. ECONOMIC DEVELOPMENT COMMISSION The following persons applied for 6 positions on the newly created Economic Development Commission: Michael Barlow, Ben Marks, Mark Brewer, Fred Guttormson, Tim Kene~iy, Kathryn Kluth, Judith Marshik, Paul Meisel, Mike Mueller, jr., and Chic Remien~ Smith moved and Jensen seconded the following resolution: RESOLUTION %89-38 RESOLUTIO)' APPOINTING THE FOLLOWING PER- SONS F~~ THE FOLLOWING TERMS TO THE ECONOM.~ DEVELOPMENT COMMISSION: CHIC REMi~ AND PAUL MEISEL TO TERMS EXPIRING DE~MBER 31, 1989; MARK BREWER AND TIM ~NEALY TO TERMS EXPIRING DECEMBER 31, 49 April 11, 1989 1990~ /~ND JUDITH M~RSHIK i~ND FRED GUT- TORMSON TO TERMS EXPIRING DECEMBER 31, 1991 The vote was unanimously in favor. Motion carried. Jessen moved and Johnson seconded the following resolution: RESOLUTION #89-39 RESOLUTION TO APPOINT MAYOR STEVE SMITH AS THE CITY COUNCIL REPRESENTATIVE TO THE ECONOMIC DEVELOPMENT COMI~ISSION The vote was unanimously in favor. Motion carried. INFORMATION/MISCELLANEOUS: A® March 1989 Department Head Monthly Reports. Fire Fighter's Physical Agility Examination adopted by the Mound Fire Department. Also enclosed are the newly amended Fire Department By-Laws. Ce MWCC has scheduled Public Hearings to present its draft ~m- plementation Plan for Wastewater Treatment and Handling for the Years 1990-2010. In order to obtain input from cities on the plan, the MWCC will hold meetings listed on the enclosed notice'. De Notice of the annual Hennepin County Recycling Luncheon to be held Wednesday, April 19, 1989, 11:30 A.M. - 1:30 P.M. at the Sheraton Park Place. F® You are invited to attend the annual "Save the Lake" recog- nition dinner sponsored by the LMCD. See enclosure if you are interested in attending. LMCD mailings. Ge Letter addressed to MayOr Steve Smith from the Roseville Citizens Council for Fair and Open Government. He REMINDER: Economic Development Commission interviews will continue on Tuesday, April 11 beginning at 7:00 P.M. Tim Kenealy will be interviewed at 7:00 P.M. and Mary Olson Coleman at 7:10 P.M. Both interviews are prior to the regular City Council Meeting. I. LMCD Representative monthly report for March 1989. EXECUTIVE SESSION The City Council went into Executive Session at 10:00 P.M. to discuss labor negotiations. They returned at 11:45 P.M. 5O April 11, 1989 MOTION made by Smith, seconded by Johnson to adjourn at 11:45 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Fran Clark, CMC, city Clerk MINUTES MOUND CITY COUNCIL COMMITTEE OF THE ~HOLE APRIL 18, 1989 The meeting was called to order at 6:30 PM. Members present: Smith, Jensen, Jessen, Johnson and Ahrens. Also present: City Manager Ed Shukle; Dennis Hansen, Hennepin County Traffic Engineer; Len Harrell, Police Chief; Phil Lansing, Mike Mueller, Sr., Mike Mueller, Jr., Will and Phyllis Johnson, Gerry Dodds, Hennepin County Commissioner, Tad Jude (arrived at 7:30 PM). City Manager, Ed Shukle reviewed the stoplight proposal as previously presented from Hennepin County. Discussion was then held with regard to the proposal. Dennis Hansen, Hennepin County, was asked whether or not the accesses could remain open at the Tonka West Shopping Center. Mr. Hanson indicated that the County's position had changed and the County would allow the accesses to remain open as "Enter Only" accesses. Concern was expressed by the Council as to how soon this project could be implemented. Hansen explained that the project would not be able to be implemented-until 1990. He explained that the County budget was already appropriated for 1989. The Council asked if there was any way possible that the project could begin in 1989. Hansen explained that perhaps outside consulting could be used to begin the work, but that he would be able to respond by the Council's next meeting, which is April 25th. The funding was also discussed. Hansen suggested that the County and the City would pay for this on a 50% County, 50% City basis. Upon motion by Johnson, seconded by Jensen, and carried unanimously, the Council directed City Staff to prepare a resolution approving the project, with implementation as soon as possible. The City Manager will bring the proposed resolution to the Council meeting on April 25, 1989. Tad Jude arrived, the discussion was reviewed regarding the stoplight project and what decision the City and the County had reached. Hennepin County activities were discussed by Commissioner Tad Jude, i.e. recycling, property taxes, etc. Commissioner Jude left the meeting. The Council reviewed the February 21, 1989 Committee of the Whole Minutes, and the January 31, 1989 Goal Setting Session. A brief discussion was held on the City Newsletter. were made on how to improve it. Suggestions City Manager, Ed Shukle reviewed the preliminary draft of a system on evaluating the performance of the City Manager. The Council directed this item be continued until the next Committee of the Whole meeting. Also discussed were developing a program for listening to citizen's wants, needs, and feedback; written direction for the advisory commissions;~ developing a mission statement for the City (This was continued until the next Committee of the Whole meeting. The Council is to bring their mission statements to be discussed at the Committee of the Whole meeting), housing maintenance ordinance and review of nuisance ordinance. Significant discussion was held with regard to the Lost Lake area as well as looking at alternative sites for outdoor storage. Moved by Jensen, seconded by Smith, to have the Staff prepare a report on alternative sites and cost with regard to material handling. The following vote was recorded: Ayes - Jessen, Smith, Jenson and Ahrens; Nayes - Johnson. The Council consensus on Lost Lake clean up was to have the garbage removed as soon as possible. Upon motion by Jensen, seconded by Smith and carried unanimously, the meeting was adjourned at approximately 9:10 PM. City Manager tted, ES:is Delinquent Water and Sewer 4/21/89 33 4180 271 33 439O 991 33 4392 181 33 4392 572 33 4392 847 33 4394 153 33 4570 063 33 463O 781 33 4690 303 53 4750 662 33 484O 901 33 4842 091 33 487O 541 33 5000 183 33 5OOO 301 33 5280 242 33 5300 361 33 5450 051 133 5450 241 33 5510 211 33 554O 091 33 5540 151 33 554O 393 33 5870 633 33 5870 931 33 59OO 243 33 5930 304 33 5930 393' 33 593O 541 33 5960 901 33 5990 331 33 5990 512 33 5990 752 33 6050 068 33 6080 061 $76.36 140.96 98.37 138.02 153.88 143.53 210.40 109.70 183.04 187.07 186.42 72.01 126.27 98.55 95.84 132.15 84.30 193.06 101.78 149.78 143.90 '70.85 79.67 312.91 88.10 168.12 195.63 154.80 164.39 197.50 140.97 87.96 156.57 183.06 137.29 DELINQUENT WATER AND SEWER PAGE 2 33 6202 062 33 6204 511 33 6204 542 33 6204 603 33 6204 932 33 632O O33 33 6350 O91 33 6410 O32 33 6410 091 33 644O O91 33 647O 091 41-1960 121 42-3430 601 42-3550 O31 42-4040 812 153.1o 114.53 74.43 118.38 154.18 98.74 15o.27 137.34 13o. 52 75.26 67.33 362.50 221.48 116.66 146.07 TOTAL 7,O84.5O TO: FROM: DATE: SUBJECT: THE MOUND PLANNING COMLMISSIONERS Mark & Stacey Goldberg April 20, 1989 4853 ISLANDVIEW DRIVE Thank you for the opportunity to address you prior to the April 24, 1989 Planning Commission meeting. A significant amount-~of new information has accrued Since our builder and Jan Bertrand met with you on April 10, 1989. Towards the objective of coming to a concensus with you regarding the construction on our home we have compiled the following information for your review. Expert opinion regarding status of 5~rch 28, 1989 City Council approved variances. II. III. Discovery of sewer easement in back yard. SUMMARY. Setback improvement opportunities and obstacles. -2- Expert opinion re~ardin~ status of March 28, 1989 City Council approved variances. In an effort to clarify the city codes regarding the altering of approved variances we have solicited Mr. David Kennedy to research th~ issues in this instance. Mr. Kennedy is the Crystal city attorney and President of the municipal law firm (LeFevere, Lefler) that Mr. Curt Pearson was associated with for a number of years. We therefore feel that the research he has conducted should be considered credible. Attached please find a letter summarizing his conclusions. II. Discovery of Sewer Easement in backMard. Subsequent to the April 10, 1989 Planning Comm4ssion Meeting it was discovered that there is a sewer easement running through the backyard. This easement significantly limits our ability to move the house further from the street, or the boathouse hack towards the house. The attached diagrams illustrate the restrictions caused by this easement. III. SU}R~ARY. Setback improvement opportunities and obstacles. .From a physical design'and layout standpoint there are a few opportunities for setback improvements, but mainly obstacles to changing the layout as currently agreed to. West and North setbacks. Since the sewer easement allows only 8.5 feet movement to the south, the garage door will have to remain on the east side of the house. Therefore, we may be able to move the house 1 foot to the east or 2 feet to the south, but not both. If we move both setbacks then it would be too difficult for cars to enter the garage per the attached diagram. Note that the east neighbor's house and parking space is right on the lot line. 2. Boathouse. If we move the boathouse back towards the house we will he directly over the sewer pipe easement. Cost difference between new construction and additions. While the March 28 variance approves the construction ~ as an addition, we agree with Jan Bertrand that it makes sense from our point of view as well as the city's to replace the current structure with new materials. The cost, however, between work on an addition and licensed contractor work required of new construction is an obstacle (for financial reasons most of the electrical and plumbing were to be done by us, the homeowner). -3- On a personal note, we're uncomfortably close to being fully extended financially. That is why we bought a "fixer-upper". Maintaining the construction status as an addition allows us to complete the work ourselves over a longer time period (5-6 months) and therefore afford the construction. In conclusion, we hope that these additional pieces of information have helped you in your deliberations. We look forward to coming to agreement with you on April 24, 1989. Sincerely, Stacey & Mark Goldberg llh 003/139 LcFevere Loller l~nncdy ()'Brien ~: 2000 Fir~ Ben;< P,eca West Te~one Tele~plar J. D~nts O'Bnen John E. Davl~ d. Kenn~y Jooooh E. Heml~ John B. ~n Ol~n E. ~r~ue Ri~erd J. C~ ~ LeF~e damee J, ~, Jr. Steven B, ~nmi~ John G. de~ M. S~mmn Ro~I~ H. ~lliam ~. Jovan ~mne A, De~ D, STev~ M. ~elie M. RO~ A, ~n~tm Julia A, Darcy L. Davi~ C, Karen A. Chame~i~ Paul D. ~en M$~ J. Julia A. ~w~r Jene~ J. ~leman April 20, 1989 Mr. Mark Goldberg 18316 Creeks Ben4, Drive Minnetonka, MN 55345 Re.' 4853 Island View Drive, Mound, Minnesota Our File No. 311!/6914 Dear Mr. G6!dberg: Your asked our firm to advise you regarding a variance that the City of Mound city council has granted for the ..'aboue property. Background Facts We understand that the property is zoned R-2 and is used for single family residential use. The dwelling on the property does not conform to current city code require- merits w..h respect to side and front yard setbacks, but it is a lawful nonconforming structure. On February 24, 19B9, you applied for a variance to allow .you to expand the living area of the structure, pursuant to Section 23.404(8) of the Mound Zoning Code. Upon StephenJ. Bu~l recommendation of the staff and plann±ng commission, on Om~onL. LeF~ere, R~rad March 28, 1989 the city council adopted Resolution 89-33. Heme~ P, Lei:er, Ret,re0 In the resolution, the city council made the required finding that the livability of the dwel!ing unit will be improved and granted the variance pursuant to Section 23.404(8). When it made its decision, the city coundil had before it plans that showed the nature of the con- structt.on that would take place if the variance was granted. Although you applied for a building permit, you mistak- enly began demolition on April 3, 1989, before the permit had issued. On April 7, the city building inspector discovered that demolition had begun and issued a stop order. The building inspector indicated that because, at that point in the construction, %he structure had less than 50 percent of its original fair marker value, you Mr. Mark Goldber~ April 20, !989 would have to demolish the structure and start with new construction. The matter came before the planning commission at its April 10 meeting. The commission discussed the possi- bility of requiring you to undertake new construction in conformity with present code requirements, but tabled the matter until its meeting on April 24, 1989. Discuss~on We have reviewed the pertinent provisions of the Mound City Code and relevant caselaw, and we are of the opinion that the City of Mound may not require you to demolish the structure and rebuild in conformity with the current code. The City appears to be relying upon two items in requir- ing new construction: (1) that ~he s~ru¢~ure bm It appeared on April 7, 1989 was damaged by more than 50% of its fair market va!ue; and (2) that you had failed to obtain a building permit before beginning demolition. Neither of the items, however, provides a basis for refusing to allow you to continue construction in accor- dance with the variance granted on March 28. Even if the structure was damaged by more than 50% of its fair market value on April 7, 1989, there is no provision in the Mound 'City Code that prohibits reconstruction. The City may have had in mind Section 23.404(4) of the Mound Zoning Code. That section prevents reconstruction of a structure that suffers damage in excess of 50% of market value from "fire, flood, explosion, earthquake, War, riot, or act of God." None of those events have occurred, and the section is inapplicable to your situa- ti'on. The variance that the city council granted to.you and the plans upon which the council's approval was based contemplated ;he "damage" that =he city inspector wit- nessed on April 7. Your failure to obtain a building . permit, although regrettable, does not change our opinion. The only penalty provided by the Mound City Code for violation of the building permit requirements is a citation. Mound City Code, Section 100:60. The building permit violation does not affect the finality or validity of the variance granted by the city council. We encourage you to work closely with the City staff and planning commission in resolvlng this misunderstanding. In our long history of representing municipal clients, Mr. Mark Goldberg April 20, 1989 Page 3 our experience has been that cities are most frequently willing to cooperate with property owners .and to handle disputes in areasonable fashion. Sincerely yours, Le}'EVERE, ~FLER, KENNEDY, O'BRUN/~DRAWZ ~' a:3!!!!tO!.cah ROAD ION EASEMENT 20' PERMANENT BAY ) :(,PHELPS ? ,AD ~ SERVICE"ROAD ! .- I DEVOL! ~, ',.' f-'COMMOLJ$[ ',' _L_ - o D.rlJ~T£$ IROLI ~40UUMEUT ·-D£1J~i~$ I~OM ~OIJUM-CL/T I:OUUD I hereby certify ~hat {.th~ is n ~rue and corre: representat}on of a su~ey of ~e ~un~ari~s of: ~t 4, Block 14,-.DEVON, ~e~epin Co~ty, ~nnesota. And of .th& }o~tion :'Of; all buildings, thereom and/ag visible encroa~men~, if any, from or on s . 'lan~ As ~u~eyed by ~ this ~ day of . , fi~ SON ~SOClATES, ,~J'7~ . for This-case will be heard by the City Council on May 9, ]989. Case No'. 89-804: Mark and Stacey Goldbero. 4853 Island View Drive. Lot 4. Block 147 Devon. P]D ~25-117-24-11-0037. VARIANCE: NonconFormino lot, side yard setback, and Front yard setback. Building OFFictal, Jan Bertrand, exIalatned the status oF Mr. Goidberg's property since Resolution #89-33 was granted For several variances to allow additions and remodeling. She in- Formed the Commisslonf~that Mr. Goldberg began removing walls etc. at the subject property, without a permit, and Mr. GolODerg claimed he was unaware a permit was needed for demolition. While oemol ishfng some wa1 Is, the house caved in and they discovered Planning Commission Minutes Aprl'! 10, ]989 Page Eleven the house did not have proper Frost Footings and garage walls did not have any Footings at ail. Thal commented that he visited the site with the But lcling Ot=t=tctai.' Thai explained that a variance is needed For Mr.' Goldberg to re-build the home In the same Footpr int. The contractor, Mr.. Gedrge Lutz was in attendance to represent Mr. Goldberg who was out oF town. He attested to 'the 'Building OFFicial's comments r~gardfng, the structure and agreed that it would cost approximately the same to re-butld a new home than to repair the existing. He also added that the butidtng would have to meet current Dulldtng codes tF it were new construction, whereas the existing structure only has to meet the codes oF the date which tt was constructed. The' Commission discussed the options available for the applicant now that he can re-build. They agreed, that he could design his home so it was less infringing. Now that the chimney will not be protruding through the middle oF the house, the Commissioners 'discussed moving the proposed structure Further From the road, closer to the lake, Further From the west lot lfne, and closer to the east lot line. The steep slope on the lakeslde was dis- cussed. Mr. Lutz agreed to discuss proposing a new plan with Mr. Goldberg. The applfcant will bring the new proposal to the April 24, 1989 Planning Commission meeting. ~ DNR Application #89-6330 For installation oF rtpram at Lakewtnds. The Planning Commission' did not voice any'.obJecttons to the riprap applicat.ton. Counci I I~eoresentative Reoort Jensen briefly rev!ewed the City Council meeting oF ~arch 28, 71 · t 49 March 28, 1989 R~SOLUTIO~ 8g-33 RESOLUTION TO RECOGNIZE A NONCO~'$ORMING STRUCTURE AND TO ALLOW T~E ADDITION OF LIFING SPACEr STORAGE SPACE AND DECKS FOR LOT 4, BLOCK 14, DEVON; PID %25-117-24-11-0037 (4853 ISLAND VIER D~IFE); P & Z CASE %89-804. · WHEREAS, the applicant has applied for a variance to recognize existing nonconforming front and side yard setbacks and allow expansion of the structure to include additional garage storage space, additional living space on three different levels and decks on two levels, collectively requiring the following variances: "2, A variance from the requirements of Section 23.,404 (8) to expand the first floor level (basement) northward a distance of approximately 20 feet. This expansion will not change the existing exterior dimensions of the structure. 'On the west side of the structure, expansion of the garage, living space on levels two and three, and a deck on level two, all within an approximate .5 foot setback requiring a 5.5 foot variance. Expansion of the third level of the structure to the north within 18.4 feet of the property line requiring a 1.6 foot variance and the addition of a deck with an approximate size of 8 feet by 8 feet on the southwest corner of the structure. . Recognition of the existing front yard setback (attached garage with doors perpendicular to street) of 1.11 feet resulting in a 18.99 foot variance; and, WHEREAS, the property received a variance in 1979 (Resolution #79-484) to allow expansion of the garage on the property; and, WHEREAS, the Planning Commission reviewed the request and recommend~ approval after finding that strict application of the Mound Zoning Code would present practical difficulties to the property owner in the use of his land. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, as follows: I1¢ ' 5O March 28, 1989 That the City does hereby authorize the variances as noted in ~tems i through 3 above at 4853 Island View Drive; PID %25-117-24-11-0037. The City Council authorizes the existing structural setback violation identified in item 4 above and authorizes the additions to the structure pursuant to Section 23.404, Subdivision (8) with the clear and expressed understanding that the use remains as a law.- ful, nonconforming use, subject to all of the provi- sions and restrictions of Section 23.404. It is determined that the livabi!ity of the residential unit will be improved by authorizing the following al- terations to a nonconforming use property due to the narrowness and total size of the lot: the first level (basement) to the north with approximate dimensions of 20 feet by 20.4 feet. :. Expansion of the second level ~..garage on the west side totaling an area approximately 3.4 feet by 8.5 feet. Expansion of second level living area on the west side of the structure with approximate dimensions of 7.6 feet by 8 feet and a deck on the south end of the new construction with an approximate size of 8 feet by 8 feet. Expansion of the third level living areas within an envelope generally defined as being 18.4 feet from the'north property line, .5 feet from the west property line extending approximately 44 feet from the north property line and over the existing second level of the home with approximate dimen- sions of 20.4 feet by 36.5 feet. Additionall-y, a deck will be constructed at the southwest corner of level 3 with an approximate dimension of 8 feet 'by 8 feet as shown on Exhibits i and 2. ~--~ Relocate boathouse ~--f~eet onto applicants property or remove the boathouse.%9~. %~ a~~-~--~ 4. This variance isgranted for the following legally described property: March 28, 1989 Lot 4, Block 14, Devon PID ~25-117-24-11-0037 This variance shall be recorded with the county re- corder or the Registrar of Titles in ~ennepin County pursuant to Minnesota State Statutes, Section 462.3595, Subdivision (4). This shall be considered a restriction on the use of this property. 0 The property owner shall have the responsibility for filing this resolution with Hennepin County and paying all costs for such recording. The building permit shall not be issued until proof of recording has been filed with the City Clerk. " The foregoing resolution was moved by Councilmember Jensen and seconded by Councilmember Jessen. ~" The' following Councilmembers voted in the affirmative: Ahren~, Jensen~ Jessen, Johnson and Smith. The following Councilmembers voted in the none. negative: Ma~or kttest: 'City Clerk , , .: EI, JOTE$ fROM ~OUUM£fJT £LI,.,.,.,OT£S IR',m',.I MOt.,tlIME1.../"F FOUND i SLANiD VIEW' · · DE ,~, M MS. I LAKE h,,ll MMETOMKA 3EkJOTE$ 38 March 28, 1989 .RESOLUTION #89-32 RESOLUTION TO APPROVE MINOR SUBDIVISION OF LOT 2, EXCEPT THE SOUTHWESTERLY 6 FEET THEREOF, SAID 6 FEET BEING MEASURED AT RIGHT ANGLES TO THE SOUTHWESTERLY LINE OF SAID LOT 2 AND ALL OF LOT 3, BLOCK 3, SHIRLEY HILLS UNIT D, PID %24- 117-24 21 0043/0042, P & Z CASE 989-803 The vote was unanimously in favor. Motion carried. CASE ~89-805: JOSEPH LEMMERMANt 5950 BARTLETT BLVD. t LOT 55t AUDITOR'S SUBDIVISION NO. 168, PID ~23-117-24 13 0032t MINOR SUBDIVISION & VARI~NCE~ LOT WIDTH kND FRONT YARD SETBACK The Building official explained the request. The Planning Com- mission recommended denial' because the request would be creating a "bottle neck" lot. Councilmember Jensen also stated that this request does not meet the criteria needed to approve a variance. MOTION by Jessen, seconded by Jensen to deny the request of Joseph Lemmerman, 5950 Bartlett Blvd., Lot 55, Auditor,s. Subdivision No. 168, PID %23-117-24 13 0032, minor subdivi- sion and variance, lot width and front yard setback because the request does not meet the criteria needed for a variance. The vote was.unanimouslY in favor. Motion carried~ ' ~ CASE ~89-804~ MARK & STACEY GOLDBERG, 4853 ISLAND VIEW DRIVE, LOT 4t BLOCK 14t DEVON~ PID ~25-117-24 11 0037, VARIANCE NONCONFORMING LOT~ SIDE YARD SETBACK~ AND FRONT YARD SETBACK The Building Official explained the request and that the Planning Commission recommended approval. Jensen moved and Jessen seconded the following resolution: RESOLUTION %89-33 RESOLUTION TO RECOGNIZE A NONCOS~ORMING STRUCTURE AND TO ALLOW THE ADDITION OF 'LIVING SPACE~ sTORAGE SPACE AND DECKS FOR LOT 4, BLOCK 14, DEVON, PID %25-117- 24 11 0037, (4853 ISLAND VIEW DRIVE),-P & Z CASE %89-804 The vote was unanimously in favor. Motion carried. PUBLIC HEARING: PROPOSED COMMUNITY DEVELOPMENT BLOCK GRANT (CDBG) YEAR XV PROGRAM The City Manager explained that there is $64,507 in CDBG funds available for Year XV. The following programs are proposed: PLANNING REPORT TO: Planning Commission and Staff FROM: Mark Koegler, City Planner ~ DATE: March 7, 1989 SUBJECT: Front and Side Yard Setback and Lot Size Variances APPLICANT: Mark Goldberg LOCATION: 4853 Island View Drive CASE NUMBER: 89-804 VHS FILE NUMBER: 89-310-A8-ZO 'EXISTING ZONING: R-2.. COMPREHENSIVE PLAN: Single Family Residential BACKGROUND: The applicant is seeking variances to. expand an existing nonconforming residential structure. At the present time, the house sits 1.11 feet from the'right-of-way, has a side yard setback along the west side of 0.4 feet and has a total lot area of 4,000 square feet. The Mound Zoning Code requires six foot side yard setbacks, an 8 foot ~front yard setback for the garage and 6,000 square feet of lot area. The modifications proposed include expansion of the existing garage and living ~.pace on three different levels. Exhibits I and 2 were assembled by staff to outline Mr. Goldberg's current proposal. At the p'reSent time, the house has a walk out and first floor level on the south side. The applicant is proposing to expand the basement (walk out) level northward approximately 12 feet (see Exhibit 1). This excavation will occur under the existing home and will not change any of the exterior walls. · Additional first floor construction is proposed along the west side of the structure. In this area, a 3.4 x 8.5 expansion of the garage is proposed to "square up" the garage space. The west garage wall is also proposed to be extended another 7 feet to the south to accommodate a kitchen expansion. /&oq 3030 Harbor Lane North Bldg.ll, Suite 104 Minneapolis, MN. 55447-2175 612/553-1950 Expansion of the house by adding new second floor space is also being proposed. Exhibit 2 identifies the second floor expansion. Along the west side of the home, the second floor expansion will extend the west wall of the house a total distance of approximately 30 feet. The proposed second floor expansion will result in a second floor front setback of approximately 13.5 feet. COMMENTS: In 1979, t~ City of Mound granted a variance for this property to expandth~ structure to permit more covered storage space. At that time, the City Council formally recognized the existing front and west side yard variances. The current proposal would intensify both the front and side yard variances due to the southerly expansion of the western garage wall and the second floor expansion which will encroach to the north into the required front yard setback area. In reviewing these types of requests, the Planning Commission and City Council need to interpret the ordinance to .determine if either hardship exists or if strict application of the ordinances imposes a "practical difficulty" to the property owner. " When the City granted the variance in 1979, it essentially determined that reasonable use of the property would be allowed. Again, the question arises as to whether or not the expansion of the living space that is proposed is still reasonable use of the~. property. The proposed construction will essentially only impact the western and northern sides of the site. To the west, the adjacent lot contains a garage. The living.space of the abutting westerly..lot..is on the other side of the garage and will not be significantly impacted by the proposed construction. The expansion along the west will, however, expand the nonconforming situation by extending the alignment of the wall to the south. The expansion will also impact the north side of the property. The right-of-way for Island View Drive is only 18 feet wide. A number of the properties adjacent to the Goldberg residence have garages that are virtually on the property line. The building setbacks and the narrow width of the street combine to create a very tight space along the front of the residence. This situation creates both aesthetic and traffic concerns. Because of the past issuance of the variance and the circumstances of this case (principally the layout of the property to the west), some expansion of the existing home should be allowed to afford the owners reasonable use of their property. The key question becomes, 'how much is too much on a 4,000 square foot lot? As was mentioned previously, the western expansion will not significantly impact th'e adjacent property nor will it be visible to the general public. The northern expansion of the second floor will, however, further limit the normal open space that occurs in front of a residence. Since the right-of-way is so narrow, the appropriateness of such an expansion appears questionable. As a result, staff feel that the applicant should consider expanding the seCond floor without encroaching over any of the existing garage. This would result in a second floor area that is appro×~mately 18.4 feet from the right- of-way line instead of the 20 feet that is required by ordinance. In his current plan, the applicant is requesting to build within approximately 11.4 feet of the right-of-way line. RECONNENDATION: Staff recommends approval of the requested west side yard variance to allow expansion of the garage and portions of the first and second floors of the residence in substantial conformance with Exhibit 1. It is further recommended that all new construction on the second level occur at least 18.4 feet from the right-of-way line resulting in a variance of 1.6 feet. Additionally, a lot size variance of 2,000 square feet should be recognized to accommodate the referenced improvements. This recommendation for approval is conditioned upon the following: 1. The applicant shall secure all required building permits. 2. The garage doors will continue to face in an easterly direction. I g..o · 0000 I I' MATCH LINE TO SHEET 2 ja.m.es rodin landscape architect ~3420 excelsior, minnesota 55331 612/474-3946 Mar 29 Westonka Area Chamber of Co~mnerce 5600 Lynwood Boulevard Mound, Minnesota 55364 Re: Shoreline Drive Beautification Project Dear Chamber Members: I am pleased to present my recommendations for the beautification of Shoreline Drive (Hennepin County Road 15). My recommendations, as outlined below, ret)resent my response to the input which I obtained at our meetings from members of your beautificati6n committee, the representatives from the area communities, the Hennepin County Department of Transportation, and those property owners who attended the meetings. The recent redesign and reconstruction of the County Road 15 from Mound to the Navarre area of Orono has unified the traffic and road surface with a consistent set of road design standards and construction materials. To its credit, this project has made the area more accessible and more easily driven. However, that project has also superimposed itself on land uses and facilities which were developed when the roadway surface was narrower, traffic patterns more casual and site development criteria less stringent than they are today. The design recommendations are focused on resolving the issues which this project has brought to light and on developing a "unified" design that would give continuity to the appearance of the corridor. The beautification recommendations include several categories of design items which will be implemented over a period of time by a variety of owners. 1. My first recommendation is that this plan be adopted by the participating cities as a guide to be used in the design, review and implementation of new development in the corridor. a) I suggest that Planning Commission and City Council members as well as building inspection and public works officials be familiarized with the plan so that applicable portions of the design can be implemented whenever the opportunity arises. b) I suggest that the plan be disseminated to the public in such a way as to include the residential property owners along the road. They make up a substantial part of the overall image of the road. Westonka Area Chamber of Commerce -2- 14 Mar 89 2. I recommend that the repair of roadway construction damage be done as soon as individual items can be appropriately accomplished. The goal of this recom3nendation is to retain and maximiz9 those elements which exist today. a) Large, existing trees should be trimmed and fed to offset the delterious impact of grading operations. Oaks are particularly sensitive to construction activity and should have been treated prior to construction for optimum effects. b) Restoration of graded areas which are not to be paved, particularly slopes, should be accomplished with bluegrass sod or plantings. 3. The name "Shoreline Drive" connotes a romantic shoreline setting on a lake. This recommendation focuses on using this idea as a unifying concept for the road. a) I recommend that the entire length of roadway be named the same using the term "Shoreline." b) I recommend that the edges of the marshes and the actual shoreline areas be cleaned and maintained so as to not appear so scruffy. Remove the dead trees and scrub brush from the shoreline at the Freshwater Marsh, the boat launch shoreline, the Seton Bridge area and Lost Lake. c) The portion of Shoreline Drive east of Navarre should be included in the overall idea. 4. I recommend that visually disruptive or discordant elements be removed from or screened from the roadway. a) Relocate the parking area at the boat lauch and remove most of the paved parking. This is the most visible section of shoreline along the road. b) The center block of Spring Park should be cleared of its existing, vacant building. This site can be developed as a park to provide a focal point for commercial development on the adjacent blocks and to serve as one of the landmark areas in the corridor. c) I have shown the reorganization of several of the parking lots along the roadway. In particular, these designs have moved parking away from the roadside areas so that parking lots never appear to be full or cluttered and the view into the lot from the road is not impaired by cars. 5. I recommend the development of a unified signage program for various types of public information. The signs should be wood stained gray with blue letters and blue trim. a). A welcome sign to identify each city. They should be set in a mass planting of Isanti Dogwood with a backdrop of evergreen trees. b). Information signs mounted on wood posts: directions, more parking etc. ~estonka Area Chamber of Commerce 3 14 Mar 89 6. Plantings are the primary element which will soften the image of the road. There are several plants which will perform these functions. Most of the selections are native to Minnesota. All planting should be installed in soils which would be acceptable for gardening, that is, friable, mineral soils from the top horizon of naturally occuring soils areas. Also, these plantings will require some maintenance work which, while not overwhelming, must be performed to insure the success of the plants. a) I recommend the installation of shrub hedges wherever possible at the edge of the roadway Is a means to screen car parking and storage areas, to soften the edge of the roadway and buildings and to provide a continuous, visual element in the corridor which would have a reasonable impact in a short time while not obscuring businesses or signage. The shrubs should be Isanti Redtwig Dogwood, a deciduous shrub which grows to a height of 5'. Its main attribute is that it has a red twig during the fall, winter and early spring seasons. This gives a very striking color when used in mass plantings. b) I recommend the use of shade tree plantings wherever possible, along the road and in commercial areas, to give shade, organize parking, bring buildings into scale of the pedestrian or driver and to help provide a transitional element to the remaining forest in adjacent residential areas. - The tree which I recommend for the road edge is Greenspire Littleleaf Linden. This is a compact tree growing to a mature height of 50'. It also has a reddish cast to the bark of its twigs in the winter. This plant is commonly used in this region as a street tree. I recommend the use of a seedless Green Ash in the parking areas as shown on the drawings. This plant remains the best choice for these conditions which are typically dry and hot. c) I recommend the use of masses of evergreen trees, Colorado Spruce at the perimeter of the commercial areas, where shown on the drawings, as a backdrop for key signage areas and as a screen device in a few key ares. d) I recommend the use of Red Splendor Crabapple as shown on the drawings. This plant is a University of Minnesota introduction which has an excellent spring bloom and a bright red berry which remains on the tree for much of the winter. It is also relatively disease free. e) I recommend the use of low evergreen shrubs in combination with annual flowers at the main intersections with County Road 19, County Road 51, and County Road 125. The evergreen shrub should be Sargent Juniper, a low, spreading variety which reaches 12" height. f) I recommend the planting of annual flowers as noted on the drawings. The color selection should be limited to red and white. There are three types of annuals shown: Spring Bulbs, Summer Plantings and Fall Plants. g) There are three roadside areas which should be developed with native prairie grasses and wildflowers. These plantings look best in mid to late summer but also add a brighter reddish brown color in the winter than do the marsh grasses seen locally. There are special maintenance concerns which should.be provided for. Westonka Area Chamber of Commerce -4- 14 Mar 89 7. I recon~nend the installation of banners on the new light poles in commercial areas. The design shown is triangular in shape which reflects the participation of the three supporting communities. 8. I suggest'the use of pedestrian scale elements in the commercial areas near buildings to help personalize these areas and make then feel more comfortable. a) Benches - teak garden benches are the most comfortable, best looking, least expensive benches I can find. They have been used successfully for years by the Minnesota Landscape Arboretum and are finding increasing use in the commercial and public landscape. The wood and construction is durable in our climate with the color weathering to silver gray. b) Flower pots - the fired clay pots shown are the least expensive pot which I can recommend. These should be used at specific locations such as entries to businesses. c) Ornamental metal - these are used where a separation or a barrier is desired but where there is no space. d) Wood bollards with chains are an alternative to the grilles. 9. I suggest that a shoreline color scheme be adopted which can be used on area signage, bunting, banners, T-shirts, furnishings etc. a) wood b) fabric, steel and lettering c) flowers, shrubs and berries d) accent color im flowers and graphics gray- Cabot's Driftwood Gray "shoreline blue- Pantone 307U red white 10. Implementation 1. Individual owners on existing property or land uses. - residential commercial 2. Cities - enforcement of building codes - direct project responsibility on right-of-way - amendments to zoning ordinances TIF - Grants Hennepin County - roadway project completion - boat launch Future development - Rehabilitation - New developments Westonka Area Chamber of Commerce -5- 14 Mar 89 11. Unit Costs - plant materials are shown at wholesale cost; retail markup is not estimated (allow 50%); delivery, planting labor plus soil preparation should be estimated at 100% of wholesale cost. Therefore final cost should be allowed at 250% of wholesale cost. Quantity and cash discounts are common. 1. Isanti Dogwood - locate 3' apart with mulch bed 24" height, bare root $ 5.00 24" height, pot 9.00 2. Greenspire Linden 2" caliper, balled and burlaped 135.00 3. Marshall's Seedless Green Ash 2" caliper, Balled and burlaped 100.00 4. Colorado Spruce 6" height, balled and burlaped 110.00 5. Annuals- allow 3 plants per square foot flat with 6 dozen plants 7.25 --ORDER ANNUALS EARLY DIRECT FROM GROWER-- 6. Sargents Juniper - locate at 4' to 5' apart with mulch 24" diameter, pot 12.00 7. Red Splendor Crabapple 1.5" caliper, Balled and burlaped 70.00 - construction and furnishing items are shown at estimated retail 1. Welcome sign allow each 2. Ornamental metal grille allow per 4' length 3. Wood bollard with 4' chain last bollard in series 4. Teak benches - direct from supplier 4' length 5' length 5. Terra cotta pots, 24" diameter, Bachman's 6. Banners, allow each 2500.00 125.00 150.00 100.00 375.00 425.00 50.00 150.00 I will be presenting this information at our next meeting. If there are additional questions or information desired, I will be available at that time to elaborate. Sincerely, MATCH LINE~ TO~HEET 3 U.Ij lO. II IMATCH LINE ,~; TO SHEET 4 MATCH LINE TO SHEET 5 MINUTES OF A MEETING OF THE MOUND ADV I SORY PLANN I NG COMM I SS I ON APRIL 10, 1989 Present were: Chair ~illiam Meyer, Commissioners .Frank Weiland, Vern Andersen, Brad Sohns, William Thai, Jerry Clapsaddle, Ken- neth Smith, and GeoFF Michael, Council Representative Liz Jen- sen, City Manager Ed Shukle, City Planner Mark Koegler, Building OFFicial Jan Bertrand; and Secretary Peggy James. Also present were the Following interested persons: Vic Cos- sette, Curt Johnson, David & Virginia Herzenach, Linda Russeth, Greg Cota, Scott Moen, Tom Skeie, Dee 01son, David Ruby, Mark Hokanson, Dave Morse, James Carver, Michael Mueller, William Meinhoudt, George Lutz, Sylvia Ogren, and David Feerhusen. Chair Bill Meyer called the meeting to order at 7:30 p.m. Minutes MOTION made by Wetland, seconded by Andersen to approve the' Planning Commission Minutes of March 27, 1989 as sulomitte~l. Motion carried unanimously. BOARD OF APPEALS: Case No. 88-732: Vic Cosset,e, ARCO/Century Cos., 5533 Shoreline Blvd., Lot 5 and Westerly 50' of Lot 6, Auditor's Subdivision l?O,~ PID #!3-II?-24-33-0007 & 0008. CONDITIONAL USE PERMIT AMENDMENT (PUBLIC HEARING) This case was tabled from the last Planning Commission Meeting In order to determine an acceptable decibel level for their loud speakers and paging system. The Building OFFicial informed the Commission that. she and Bill Thai visited the site with a decibel meter reader. Standing approximately 20' Inside ARCO's lot line, inside the Fence, and Facing the microphone towards the speaker, the meter .read 55 to 65 decibels, with background/traffic noise it increased to 70+ decibels. The Building OFFicial Further rep6rted that an air compressor on the site read 75 to 80 decibels. Mr. Cossette has ordered an intake Filter for the air compressor to decrease the noise level of the unit. Mr. Cossette stated the Filter will be installed by the end of the week. Chair Meyer opened the public hearing, however, no one present voiced their opinion on the case. The commission discussed re- phrasing Resolution 89-1, item 2. Planning Commission Minutes April Page Two MOT]ON maOe by Smith, seconOed by ¢ensen to modify Resolu- tion 89-l, item 2., second sentence, to read "Additionally. loud noises shall be prohibited if exceeding 65 OeciDels at the property line. Sohns commented that this motion is too vague, it allows any type of noise, raOio, telephone ringing, etc. to be heard over the speakers. MOTION withdrawn by Smith and Jensen. MOTION made by Smith, seconded by Michael to amend Resolu- tion #89-] , item 2., seconded sentence to read ~~mm "Additionally, loud noises or noises over loud speakers be permitted ii= not to exceed 65 decibels at the property I i ne." Mot i on cart i ed unan i mous i y. This amendment will be referred to the City Council at their eel ing on Apr i 1 25, t 989. be Case No. 89-806: Steve Codden, 6639 Bartle~t Blvd.. Lots 2.. & 3, Halstead Heights, PID ~22-117-24-43-0007. MINOR SUBDIVISION. This case was withdrawn by the applicant on 4-7-89. Case No. 89-807: Timothy Johnson, Subway Sandwich & Salad Shop, 5307 Shoreline Blvd., B1 'ok 3t Lots l? 2, & 3, Shirley Hills Unit "F", PID #13-117-24-34-0038, 0039, 0040. CONDI- TIONAL USE PERMIT. PUBLIC HEARING. City Planner, Mark Koegler, reviewed the applicants request For conditional use permit approval For a Subway Sandwiches and Salad Shop· The proposed establishment will share the building with the video store at 530? Shoreline Blvd. The parking requirements for the combined video store and restaurant is ]0 spaces which is easily met by on-site parking. Staff recommends approval of the conditional use permit to estab- lish a Subway restaurant subject to the following conditions: The microphone and order board shall be moved to the south- west corner of the parking along the west side of the build- ing allowing a minimum of 120 feet of stacking distance For waiting vehicles. The microphone and order board shall be protected by a raised bituminous or concrete median area with a 6 inch curb. BOARD OF APPEALS: Case No. 88-732: Vic Cossette, ARCO/Century Cos., 553? Shore] ine Blvd., Lot 5 and Westerly 50' of Lot 6~ Auditor's Subdivision I7~, PID #13-]I7-24-33-0007 & 0008. CONDITIONAL USE PERMIT AMENDMENT (PUBLIC HEARING[ This case was tabled from the last Planning Commission Meeting In orOer for Mr. Cossette to research other alternatives for the operation of his paging system. Building Official, Jan Bertrand, Informed the Commission that Vic Cossette has installed an ar- rester on the loud speaker paging system, and when they stood on the sidewalk and outside the fence (still on ARCO's property), they could not hear the paging. She also explained that the phone still rings over the speakers, however this cannot be heard at the property lines either. Planning Commission Minutes March 27, ]989 Page Two Vic Cossette, Owner of ARCO/Century, added that he could have the ringing removed from the speaker system outstde of business hours, he has spoken to the manufacturer of the paging system and they stated they could adjust the ringing with'In'ten days. The Building Official reminded the CommiSsion that the Pollution Control Agency allows noise levels at 65 decibels at the property line in commercial districts, and residential is 55 decibels. The Building Official felt the current decibel level is less than 55 decibels. The Commission suggested that the present decibel level be measured so an exact level may be determined. MOTION made by Wetland, seconded by $ohns to table the request For a Conditional Use Permit Amendment until the next Planning Co~nission meeting on April 10, 1989, in order to determine how many decibels is acceptable. Motion carried unanimously. The Commtsslon directed the staff to obtain a decibel meter reader to determine an acceptable decibel 1eve1. It was also suggested that the Commission members meet at the site so the~ may listen to the paging system at d~fferent decibels. PUBLIC HEARING: 'Gathering citizen Input on housinq and property maintenance Issues. Chair Meyer opened the public hearing explaining the reason for the hearing. Is there a need for an ordinance regarding housing and property maintenance issues In Mound? Do we have a problem in Mound? Barlow expressed his opinion that the City already has ordinances that protects most of these Issues, The existing ordinances were discussed and what they enforce such as the nuisance ordinance MINUTE5 OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION MARCH 13, 1989 Present were: Chair William Meyer, Commissioners Vern Andersen, Brad Sohns, William Thal, Jerry Clapsaddle, Kenneth Smith, and GeoFF Michael, Council Representative Liz Jensen, City Planner Mark Koegler, Building OFFicial Jan Bertrand; and Secretary Peggy James. Absent and excused was Commissioner Frank WeilanO. Chair 'Bill Meyer called the meeting to order at 7:30 p.m. Minutes MOTION made by Michael, seconded by Clapsaddle to approve the 'Planning Commission Minutes oE February Z7, 1989 as sub- mitred. Motion carried unanimously. BOARD OF APPEALS: Case No. 88-732: Vic Cossette, ARCO/Century Cos., 5533 Shoreline Blvd.t Lot 5 and Westerly 50' of Lot 67 Auditor's Subdivisio~ 17Or. PID #13-117-24-33-0007 & 0008. CONDITIONAl USE PERMIT AMENDMENT (PUBLIC HEARING) Building OFFicial, Jan Bertrand, explained to the Commission that the City received a complaint regarding the loud speaker paging system. On February 28, 19B9 the City Council referred Mr. Cossette's request, to amend his Conditional Use Permit, to the Planning Commission For their review. The Building OFFicial Fur- ther offered some optional solutions which she also conveyed to the City Council: restricting the number of speakers, reducing the noise level at the property line to 65.0ecibels, and limiting the hours the pager could be used (From 7:00 a.m. to 7:00 p.m.). AFter discussion with the City Planner, he Feels the Conditional Use Permit discouraged work outside of the building and they should not have a need to page workers. Chair Meyer opened the public hearing. Vic Cossette spoke on his behalf and handed out a letter to the Commissioners From his neighbor, The Hair Connection. The letter states they have oc- cupied the building next to ARCO/Century Cos. 'For many years, they do not Find the phone paging offensive and they cannot hear the paging with'in their building. Cossette added that the paging system is essential to running his business, especially during the busy summer season. He has had the system For Five years and has not heard of any other complaints. The Commission questioned Mr. Cossette if the ring From the telephone is heard over the speaker; he stated he did not know. Planning Commission Minutes March I3, ]989 Page Two Andersen informed the ~Commission that the ringing is heard over the speaker, and added he can hear it when he is at his store which is approximately two blocks away. Cossette offered a solu- tion stating he could add a volume control device to the system to reduce the noise. I.t was also suggested that the ringing be removed From the speaker system. Concern was expressed in regards to work being done outside the building, Cossette stated they clean, buff, and do mechanical work on vehicles/boats outside. Sohns suggested Cossette explore more alternatives to reduce the noise level, and that the Commis- sioners visit the site and listen to the paging system. Chair Meyer closed the public hearing. Jensen reviewed the City Council discussion stating that the City Council was more con- cerned with the speakers being used to advertise sales, etc. The.. City Council'also discussed the future of Lost Lake and how this paging system would affect a nearby park. MOTION made by Sohns, seconded by Thal, to tabl'e th~ request for a Conditional Use Amendment for two weeks so Mr. Cos- sette may look at other aJternattves for the operation of his loud speaker paging system.. Motion carried unanimously. This case will be heard by the Planning Commission as a con- tinued public hearing at their meeting on March 27, 1989. b. Case No. 89-803: Gregory and Sandra Bastien, 255] & 254I Lakewood Lanet Part of Lot 2 and a11 of Lot 3t Block 3, Shirley Hills Unit D, PID #24-]17-24-21-0043. MINOR SUBDIVI- SION. Building Official, Jan Bertrand, reviewed the applicants request to subdiviOe the lots to remove the driveway access off From Lot 2 to allow them to sell the remainder of Lot 2. In previous years six feet of the southwesterly portion of Lot 2 was sold to remove the neighbors garage From the platted Lot 2. Both lots meet the required lot size of 10,000 square Feet with Parcel 'A having 25,850 square feet and Parcel B having 4~,700 square feet. Parcel A has a .60.4' lot width at the 30' front yard setback. Parcel A does not have water. Staff recommended approval of the minor subdivision. MOTION made by Michael, seconded by Jensen to approve the staff recon~nendation. Motion carried unanimously. Case will be heard by the City Council March 28, I989. CASE NO. 88-732 TO: Applicant and Staff FROM: Jan Bertrand, Building Official Z~ DATE: Planning Commission Agenda of March 13, I989 CASE NO.: 88-732 APPLICANT: Vic Cossette, ARCO/Century Cos. LOCATION: 5533 Shoreline Blvd. LEGAL DESCRIPTION: Lot 5 and Westerly 50' of Lot 6, Auditor's Subd. 170, PID #13-117-24-33 0007 & 0008 SUBJECT: Conditional Use Permit Amendment EXISTING ZONING: B-I' (Central BUsiness District) AFter receiving complaints regarding the loud speaker paging sys- tem for the Vic Cossette property, ! stopped by to discuss the complaint with Vic Cossette on February 15, 1989. He, in turn, has written a request to amend his Conditional Use Permit; Resolution #89-1 was written and approved by the City Council January 10, 1989. The City Council referred this request to the Planning Commission For their review at their February 28, 1989 meeting. I have attached copies of the approved CooditionaJ Use Permit, the J978 Special Use Permit, a letter From Mr. Cossette, and a letter from the adjoining neighbor for your review. I suggested to the City Council that the City could restrict the number of speakers, the noise level at the property line to 65 decibels, and the hours the pager could be used (From 7:00 a.m. to 7:00 p.m.)~ After further discussion with the City Planner, Mark Koegler, his suggestion was that the Central Business Dis- trict would not need to have such a device paging workers on this site. He feels the Conditional Use Permit discouraged work out- side of the building. If it is necessary for phone messages to be received by employees, they could take messages until the employee returned from outside the building. The abutting neighbors (within a 350o radius) have been notified. cc: Mark Koegler This case will be referred to the City Council on I,!arch 28, 1989. THE HAIR CONNECTION LUCILLE STEERE DIANE BRANDENBURG 5541 SHORELINE DRIV~ .I~OUND, MN 55364 FEBRUARY 27, 1989 CITY OF MOUND 5341MAYWOOD ROAD I~OUND, MN 55364 MENBERS OF THE CITY COUNCIL: ~E HAVE OCCUPIED THE BUILDING NEXT TO ARCO/CENTURY COS. FOR MANY YEARS. THEY HAVE SPEAKERS OUTSIDE THAT THEY USE FOR PHONE PAGING. ~E DO NOT FIND THIS OFFENSIVE AND ~E CANNOT HEAR THIS ~ITHIN OUR BUILDING. THANK YOU, THE HAIR CONNECTION LUCII.I.]~ STEERE DIANE BRANDENBURG ~./,/~ ARCO/CENTURY COS. 5533 SHORELINE DRIVE MOUND, ~4N 55364 (612) 472-1855 FEBRUARY 15, 1989 CITY OF MOUND JAN BERTRAND, BLDG OFFICIAL 5341MAYWOOD ROAD MOUND, MN 55364 DEAR JAN: WE ARE WRITING IN REGARDS TO OUR CONDITIONAL USE PERMIT. WE WOULD LIKE TO HAVE ITEM NU~,fBER TWO AMENDED TO ALLOW US TO USE OUR PAGING SYSTEM. THIS SYSTEM GOES OVER A SPEAKER TO THE OUTSIDE AND PAGES EMPLOYEES WHO ARE OUTSIDE. PLEASE PUT US.ON THE CITY COUNCIL AGENDA FOR THE FEBRUARY 28, 1989 MEETING. THANK YOU. SINCERELY, cos. West Lake Steno Service, Inc. 5545 SHORELINE BOULEVARD · MOUND, MINN. 55364 (612) 472-5353 February 13, 1989 City of Mound 5341 Maywood Rd. Mound, MN 55364 Attention: Mr. Ed Shukle, City Manager Re: Conditional Use Permit Arco Century Gentlemen: This is to advise you that since the Conditional Use Permit for the above property was approved, they continue to have their telephone on a loud speaker and page people over the loud. speaker in violation of Condition #2. I don't have a copy of the final wording of the and would appreciate your sending me a copy. If you any question concerning this, give me a call. Conditions have TELEPHONE ANSWERING AND COMPLETE SECRETARIAL SERVICES RESOLUTION NUMBER 89-1 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR COSSETTE PROPERTIES, I~C. LOCATED AT 5533 SHORELINE BLVD., PID # 13-117-24 33 0007 ~ 0008. WHEREAS, the City Council on October 25, 1988 held a public hearing pursuant to Section 23.505 of the Mound Code of Ordinances to consider the issuance of a Conditional Use Permit for the operation of an auto body/boat repair facility at 5533 Shoreline Boulevard, PID # 12-117-24 33 0007 and 0008; and WHEREAS, the applicant requested approval of a Condi- tional Use Permit to operate the repair facility and associated uses consistent with either grandfathered rights or the uses identified in Section 23.625.3 of the Mound Zoning Code; and WHEREAS, the Planning Commission has reviewed the request and recommend approval; and WHEREAS, all persons wishing to be heard were heard; and WHEREAS, the matter has been continued for further in- vestigation until January 10, 1989. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that the Conditional Use Permit for the operation of the auto/boat repair facility and listed as- sociated uses is hereby approved subject to the following condi- tions for the following legally described property: "Lot 5, Auditor's Subdivision No. 170" - PID #13-117-24 33 0007 and "The Westerly 50 feet of Lot 6, Auditor's Subdivision 170" - PID #13-117-24 33 0008 1. 'Uses allowed on the property shall be limited to: A. Auto Body Repair B. Boat Repair C. Boat'Trailer Building Do Welding Sale of Used Autos, Boats and Boat Trailers Other Permitted B-1 Uses No flags, banners or flashing lights shall be permitted. 1 2 January 10, 1989 Additionally, loud noises or noises over loud-speakers shall be prohibited. ~ Display of autos, boats and boat trailers for sale shall be limited to the paved portion of the site abutting Shoreline Boulevard. Vehicles for sale shall not be parked on public right-of-way. The premises shall be maintained in a neat and orderly man- ner at all times. There will be no wrecked or damaged vehicles on property outside of the enclosed area. The permit holder shall be prohibited from using the Central B~siness District parking areas and any public roads includ- ing Auditors Road for storage and repair operations. Employee and customer parking in the Central Business Dis- trict lots shall ~omply with the Mound parking regulations.~' Fencing shall comply with Section 23.415 of the Mound Zoning Code. The property shall also comp%y with the performance requirements of Section 7. of the Mound Zoning Code. Hazardous materials shall be stored in an enclosed building and discarded in full compliance with all State and Federal requirements. Ail body work, fiberglas work and painting will be performed in an enclosed building area conforming to State and Federal ventilation and emission requirements.. Tax parcels shall be combined. 10. 11. Ail signage shall comply with the Mound Sign Ordinance within 90 days of the date of the approval of this permit. Ail trash and waste auto parts shall be kept within screened enclosures. 12. Gates along fenced storage areas shall be kept close at all times except when access is required for parking or removing vehicles. 13. This Conditional Use Permit ~ is granted for the following legally described property: "Lot 5, Auditor's Subdivision No. 170" - PID 413-117-24 33 '0007. and 3 January !0, 1989 "Lot 5, Auditor's Subdivision No. 170" - PID ~!3-117-24 33 0007 and "The Westerly 50 feet of Lot 6, Auditor's Subdivision 170" - PID ~13-117-24 33 0008 This Conditional Use Permit shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota Statutes Section 462.3595, Subd. 4. 14. 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. Proof of.recording must be filed with .. the City Clerk. The foregoing resolution was moved by Councilmember Johnson and seconded by Councilmember Jessen. The following Councilmembers voted 'in'the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. At'test: City Clerk The following Councilmembers voted in the negative: none. a:/or ' .... 2 1984. '.. Councl lmumber Swanson r:,ov,'.d the ""? RESOLUTION NO 78-488 · RESOLUTION TO CONCUR WIIll liTE RECOMMENDATION OF THE' PLANNING CO/';,"II,SSION TO GRANT THE ,SPECIAL USE PERMIT AS R[~UESI'ED WITtt ADDITIONAL STIPULATIONS WHEREAS, owner of property described as Lots 5 and part of Lot 6, Auditor's Subdivision //170, have applied for a special use permit, and WHEREAS, said property ;,lthoutth ;'oned Comntercial does not specify the sale · Of automobiles, and a special use permit i:'; necessary, and 'WHEREAS, a public hearing is necessary before said permit can be issue~l. NOW, THEREFORE, BE IT RESOLVEt) fly 'rIt£ CITY COUNCIL OF' THE CITY OF MOUND, MOUND, MINNESOTA: That Council concurs wlth the recommendation of the Plnnning Commission Lo grant the Special Use Permit as requested with additional st lpulot ions. Said Stipulations are: That sales be limited ~o not more than 12 cars on sale at one time. That the graveled area ~lonr~ Shoreline Blvd. be blacktopped or covered with concrete and sidewalk be repaired or recons~ructed~ where damaged, ,. as' specified by Engineer. That no flags, bannern or flashing lights be permitted; also no loud noises or noines over loud speakers be permitted. The premises be maintained in a neat and orderl, y. manner That the permit holder be prohibited from t~sing thc: C.B.D parking· area for storaf~e of cars for sale. ' The motion for the adoption ;.f the foregoing resolution was duly seconded by Councilmember Fenstad, and upon VOl'e being taken thereon, t'he following voted in favor thereof: Fenstad, Lovnasen, Polslon, Swan:ir,~ and 14i Ihhart, the fei Iow- 'lng voted against the same, nnno; whereupon '.;,',id r~".~,l~li¢,n was declared passed and adopted,'slgned.by the Mayor and his siqr, aturc ,,ltusted by the City Clerk. s/Tim l. ovaasen Mayor Att es ;' ' ..................... 5O9 OcB~ber 2~, 1B78 !1 PLANNING REPORT TO: City Council and Staff FROM: Mark Koegler, City Planner DATE: April 17, 1989 SUBJECT: Operations Permit APPLICANT: Helo Saunas from Finland (HBC Inc.) LOCATION: 5340 Shoreline Boulevard VHS FILE NUMBER: 88-310-14-Z0 EXISTING ZONING: Planned Industrial Area (PIA) COMPREHENSIVE PLAN: Industrial HBC Inc. has applied for an operations permit to establish a business which will distribute and manufacture saunas and whirlpool tubs. The proposed use will occupy a total area of 8,000 square feet and will employ three people on one shift. Storage of all material will be on the interior of the building with the exception of propane tanks which are used as fuel for fork lifts. According to the application, the facility will not generate odors, noise or toxic waste substances. HBC Inc. started business without securing an operations permit which is a violation of Section 23.650 of the Mound Zoning Code. Both the applicant and Balboa as the owner of the building are responsible for securing all necessary permits prior to initiating operations. The present configuration of the HBC business violates building and/or fire codes in three areas. First, the business does not contain proper separation between storage areas and warehouse areas, Secondly, the rack storage in the warehouse area exceeds allowed heights. Finally, propane tanks are not properly secured and stored on the exterior of the building. RECOMMENDATION: Staff recommends approval of the Operations Permit for HBC Inc. subject to full and immediate compliance with all code requirements. 3030 Harbor Lane North Bldg.ll, Suite 104 Minneapolis, MN. 55447-2175 612/553-1950 (L'IT ' ()f IOUND ,M,~ YV,'OCD R©t-D MINNESOTA 55364 f6~2, Atari I I 1, 1989 Mr. Bradley C. North Cambridge Property Management, Inc. 12301 Whitewater Drive, Suite IlO Minnetonka, MN 55343 Dear Mr. North: Your Firm is the property manager For Balboa of Minnesota in the ' City of Mound. The Building Inspection Department received an application on February 13, I989 for improvements to Unit 4, first level, as per.'the attached drawing. As I had previously stated, the hot tub distributor, Mr. Brian Cummiskey, would have to apply for an Operations Permit to.get the City Council zoning approval for his business before tne' Inspection Department could approve building improvements. Mr. Cummiskey was into City Hall on February 28, 1989 to get the application. To date, the City has not received the application from him. On April 10, 1989, I made an inspection of the Balboa facility to Find the remodeling had proceeded without inspection, nor permit approval. You will need to get this matter resolved within four- teen (14) .days. The next City Council meeting ts scheduled For April 25, 1989. In the mean time, you will also need to m~ke corrective measures For ~he remodeling. The drywall must be removed to observe the Framing members. Verify that the 31 Foot height does not exceed the limitation For a one hour Fire rated assembly. The tenant must remove all stored Liquid Petroleum tanks from the interior of the structure. The rack storage is limited to 15 Feet in height. Wiring, plumbing, heating, and building permits must be approved and obtained before any Further improvement work is un- dertaken. You will also need to verify that the present fire sprinkler piping system spacing is appropriate for the present tenant use of the area. Cambridge Property Management, Inc. April it, 1989 Page Two Failure for you to comply with this notice will force the City to take legal remedies to correct the situation. Si ncerel y, Bertrand Buiicling Official dB:Pi B9/46 Enclosures CC ' Ed Shukle, City Manager Balboa of Minnesota Brain Cummtskey Application No. Fee Paid ~ ~ N'~. 0 ~ ~'vr-~,;z5 APR 1 2 ~ CITY OF MOUND OPERATIONS PERMIT 'APPLICATION Section I - Applicant Information 1. Street Address of Property 5340 SHORELINE BLVD MOUND MN 55364 2. Legal Description of Property: Lot Block Addition PID No. Owner's Name HBC INC/ Day Phone No. 934 4230/4724743 Address BX 1339 HINNETONKA,MN 55345 4. Applicant (if other than owner): ~C/NameDBA/HEL0 SAUNAS'FROM FINLAND Day Phone No. Address 5340 SHORELINE BLVD MOUND~MN ~64 2724745 Section 2 - Business Information. 1. Name of Business DISTRIBUTOR 2. Total Floor Area 8000 SQ FT Manufacturing Area Sales Floor Area Office Area Nn~,/nWWT~ TN MTEA,~N Warehouse Area Other (please specif~[ 3. Describe Natur~ of Busipess D/EmR'!r'~TTTnRR ~w .qATTNA/.qm~,~.A,;'WTWT.'PnnT.S SPAS/ WHIRLPOOL TUBS/SUNTAN/EXERo±b~ '~U±~v~'±'/~FA~ FA~'I'~ . Wholesale XX Retail 4. Location (cite unit number or attach floor plan) 5340 5. Number of Employees: 1st Shift 3 2nd Shift 3rd Shift 6. Adjacent Uses (list businesses) S 0LAR I U~ Section 3 - Business Operations 1. Describe Products Produced or Services Offered (attach product brochures if available) WE ~L~;UFACTURE SO?JE SAUNA ROOMS ON SITE//~iOST ARE CUSTO~ BUILT ON JOB SI~ L0CAT!0~$/'~ SELL TO 5.UiLDEES/CONTRACTORS/ DEVELOPERS/PLU~BERS/ELE.~CTRICIANS/SAUNA HEATERS/STEA~ GEhrERATi"'~S/ W TR ,PO0 , OR AB S/ CIS . 2. What types of materials will be shipped into and/or stored within the premis, es? . SAUNA KEATERS/CONTROLS/STEA'..~ GENERATOR~/C0~?ROLS/WHIRLP00L SPAS/TUBS/EXERCISE EQUIP/HYDROTHERAPY EQUIP~Et~T/S~ARE ?ARTS/ACCESSOR1/_~ Will materials be shipped by: rail other (specify) semi truck XX will delivery vehicles be stor.ed on the property? Yes No x If yes, attach site plan showing parking stalls ass'igned to delive~ vehicles. Does the business plan future expansions at this location? Yes No x . If yes, describe_ amount of anticipated expansion and timing. Will the business require any modifications to the exterior of the existing building including but not limited to doors, windows, overhead doors, cooling towers, HVAC units, etc? Yes No x . .If yes, please described and attach.a floor plan and exterior buildzng elevation drawings. Will the p~oposed operation involve: Noise Generation: Yes No x . If yes, describe source and amount Odor Generat%on: Yes ' No x . If yes, describe source and amount Toxic and/or Hazardous Waste Generation: Yes If yes, describe source and amount Provide a detailed listing of all chemicals which will be discharged into the sanitary sewer system. ORDINARY CLEANING CHEMICALS Will the operation include either interior or exterior storage of bulk chemicals? Yes No X If yes, attach floor plan and/or site plan showinG location and d~scribe spill/leakage containment provisions. Other than chemicals, will the operation require outdoor storage of any materials? Yes × No . I.f yes, describe materials and attach site plan showing locations and identzfyinG proposed screening by type and location. PROPANE. TANKS Section 4 - Certification I certify that all of the above statements and the statements contained in any required papers and 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 officiala~~.OfsuchOf of Mound for the 'purpose of inspecting, or of posting, maintaining notices as may be required by law. Signature of Applicant ~ Date APRIL 11 1989 Section 5 - City. Review and Action Reviewed by: Building Official City Planner City .Engineer Fire Chief City ManaGer Other Planning Commission Recommendation: Date Council Action Resolution No. Date : Z,* ~ .... f ,I ',' I I "' ....,:' ' .i.. ' m ,j!; io~-... · , , - .... .. ( J,&. .oz · I . - ' ' I "- .... .... r- jl,~ :g ..., ~ , --.- ......... -._1 .... ; .,,. ~ I ~_ :~ ' ;-'~' VIEw LANE i I. - ....... i J::::; :1; ' /I .......... :':-':"----. :.. ~ J" ..... .- ' ~'"-='i / · ..'. 1::,: .... "-~-,LTnTn I~' =I "' '' '' ' .... !l!.l.l~.l.ttlt,-I~'"'~'~-/!,, / , t-. ............. -.... ~;.~:~ ....... ; "~- ,,: ~, Planning Commission Minutes A~ril 10, ]989 Page Five k Case No. 89-809: Jack Cook. 4452 Denbion Road, Block ], Lot Avalon? rID #!9-117-23-24-0002. VARIANCE. City Planner, Hark Koegler, reviewed the history of this case. Resolution #87-19! was granted in October of 87 which included a variance to allow an attached deck with a walkway within zero feet to The side property line at the west. This deck was al- lowed under the condition that the deck elevation be reduced to within 30 inches from existing ground level with a stairway from the patio door down to the lower deck, proceeding at ground level to the lakeside, and then a stairway to the elevated deck begin- ning at the 3.7 foot building setback line. Mr. Cook is request- ing a variance to allow this deck to be maintained at a con- tinuous level above grade. The City Planner concluded that this is the same request that the Planning Commission and City Council denied in November 1988, and added that staff does not find that any new material has been presented in support of overturning the previous unanimous decisions. -' 'Staff recommends denial of the variance, and if denied, the ap- plicant will be required to comply with the findings outlined in Resolution ~87-19I. Smith questioned the applicant, Jack Cook, if he has removed the I foot encroachment onto the property to the west. Mr. Cook in- formed the Commission that the deck has not been altered and still encroaches onto the west property line. The applicant, Jack Cook, spoke on his behalf and stated that his neighbor, Sandra Konnad has agreed that a deck at a continuous level would look better,. Mr. Cook added that he believes to lower and then raise his deck over a distance creates a hazardous and unsafe condition. MOTION made by Smith, seconded by Sohns to approve the staff recommendation for denial of the variance. Motion carried unanimously. Case will be heard at the City Council meeting of April. 25, I989. Case No. 89-8]0: Paul Olson, 2636 Wilshire Blvd., Lot 2, Wilbur K. Palm Addition, PID ~24-117-24-13-0027. SIDE YARD AND FRONT YARD SETBACK VARIANCE. The Building Official, Jan Bertrand, revieWed the applicants proposal to add a one story single vehicle garage onto a single vehicle attached garage with a second Floor, and a one story ad- dition to the southeast side of the house For a kitchen expan- sion. The garage would be lO Feet to the northwest side yard and PLANNING REPORT TO: Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: April 4, 1989 SUBJECT: Deck Setback Variance APPLICANT: Jack Cook LOCATION: 4452 Denbigh Road CASE NUMBER: 89-809 VHS FILE NUMBER: 89-310-A11-ZO EXISTING ZONING: R-2 COMPREHENSIVE PLAN: Residential BACKGROUND: In August of 1986, Mr. Cook received a variance to allow construction of an attached garage to his residence at 4452 Denbigh Road. In the summer of 1987, the Building Official issued a stop order because the work that was being done included items not covered in the original variance. One of the items involved a deck that was partially constructed on the west side of the home without variance approval or building permit approval. Mr. Cook then filed'for a variance to add a second story to the existing dwelling and sought approval for the deck which had been partially completed. The result of the review was the approval of Resolution 87-191 which allowed a modified version of the deck providing that an existing one foot encroachment on the property to the west was removed. The modification involved reducing the deck elevation to within 30 inches from the existing ground level with a stairway from the patio door on the west side of the home down to the lower deck. The deck was to proceed at ground level to the lake side where a stairway 3.7 feet inside the property line was to connect to the elevated deck on the north side of the home. Resolution 87- 191 was unanimously supported by both the Planning Commission and City Council. 3030 Harbor Lane North Bldg.ll, Suite 104 Minr, eapolis, MN. 55447-2175 612/553-1950 The applicants current request is to leave the deck on one plane rather than descending to an at-grade deck and then reascending to an elevated deck portion. This is the same request that was reviewed in 1987. In the applicants supporting documentation, he references "new ideas" pertaining to this application. In reviewing the material, the only new ideas that staff finds is a statement that Mr. Cook and his neighbor on the west side have "come to agreement on our differences". While it is always desirable that abutting property owners agree on property use issues, it is not a germane argument in support of the criteria for granting variances found in Section 23.506.1 of the Mound Zoning Code. RECOMMENDATION: In reviewing the application, staff does not find that any new material has been presented in support of overturning the previous unanimous decisions by both the Planning Commission and City Council. Denial of the variance request is recommended. If denied, the applicant will be required to comply with the findings outlined in Resol'ution 87-191. OF MOUND PART II Case No. Fee S50.O0 VAR I ANCE APPL I CAT I ON PLANNING & ZONING COMMISSION (Please type or print the fol lowing infor~tion.) Address of Subject Property Lot Owner' s Name .--j ,.:,,--~ ~<.. Block / Day Phone 1 '7,~ ~ ~'7 Owner's Address App]icant's Name (if other than owner) Address · '.xi st ing Use of Property.: Zoning District Day Phone Has an application ever been made For zoning, variance, conditional use permit, or other zoning procedure for this property? yes / no . If yes, list date(s) of= application, action taken, and provide resolution numDer(s) . . ? - - (Copies of="previous resolutions mu'st accompany this app)ication.) I certif=y that all of= the above statements and the statements contained in any required papers or plans to'be submitted herewith are true and ac- curate. ! coqsent to the entry in or upon the premises described in this application by any authorized o¢f=icia) of= the City o¢ Mound ¢or the purpose of= inspecting, or of= posting, maintaining and removing such notices as may be required by law. .~..~,~ ~ Applt cent's Si'gnature _.J~ ~-~_ Date_2~) -/2, ~¢/'~ ~'_~ 1111111111111111111111111)71111111ti1111111111t1111111111111~111111111111~ FOR OFFICE USE ONLY: Planning Commission Recommendation Date fl Action: Resolution No. Date VARIANCE APPLICATION Case No. Does the present use oF the property conform to all regulations For the zoning district in which it is located? Yes ~'), No ( ). IF no, specify each non-conforming use: Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes (~), No ( ). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use For a~y of the uses permitted in that-zoning district? too narrow too small too shallow topography drainage" Shape ( ) soil ( ) sub-surface (- ) other: specify Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted? Yes' ( ), No ~). IF yes, explain Was the hardship created by any other man-made change, such as the relocati'on of a road? Yes ( ), No (~). If yes, explain IANCE APPLICATION Case No. ~ -~'[~1 Are the conditions of hardship for which you remuest a variance peculiar only to the property Oescribed in this petition? Yes ( ), No ~). If no, how ~ny other properties are similarly affected? What is the "minimum" modification (variance) from the area, bulk, and setback regulations that will permit you to make reasonable use of your land? (Specify,l using ma~s,~it~.pl~ns w~,th dimensions and writ- ten explanat ion. Will granting of the variance be materially detrimental to property in the same zone, or to the enforcement of this ordinance? PART III SITE PLAN INFORMATION: All supporting documents such as sketch plans~ attachments~ etc.~ must be submitted in 8-1/2"xII" size. If larger drawings are submitted? one must be 8-1/2"xll"? and 15 larger size copies must be provided. For each requested zoning variance procedure, a site plan must be attached at a scale large enough For clarity show- ing the fo)lowing information: Location, area, and dimensions of existing and proposed: (Lot(s), building(s), driveway(si/street access, off-street parking, and utilities. Existing and proposed elevations. Distance between: building and front, side eno rear lot lines; principal building and accessory buildings; principal building and principal buildings on adjacent lots. Location of: signs, easements, underground utilities, etc. Indicate "north" compass direction. Any additional information as may reasonably be required Dy the city staff and applicable sections of the Zoning Ordinance. ............. December !3~ 1988 RESOLUTION NO. 88-184 RESOLUTION EXTENDING RESOLUTION %87-191 ENTITLED "RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A VARIANCE FOR A NONCONFORMING STRUCTURE ON LOT 2 INCLUDING ADJACENT VACATED STREET~ BLOCK It AFALON~ PID %19-117-Z$ 24 0002~ (4452 DENBIGH ROAD), P & Z CASE #8?-6?3-, FOR 60 DAYS, UNTIL FEBRUARY 13~ 1989 WHEREAS, on October 13, 1987, the City Council approved Resolution #87-191; and and WHEREAS, this resolution expired on October 13, 1988; WHEREAS, the applicant has now requested an extension of Resolution %87-191 so that he can complete the project. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby grant an extension of 60 days from the date of.adoption of this resolution fcr Resolu- tion %87-191 entitled "Resolution to Concur with the' Planning ~cmmission Recommendation to Approve a Variance for a Nonconfcrm- lng Structure on Lot 2 Including Adjacent Vacated Street, Block !, Avalon, PID #19-117-23 24 0002 (4452 Denbigh Road), P & Z Case %87-673". 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. Attest: City Clerk 1 279 October !3, 1987' RESOLUTION 87- 191 RESOLUTION TO CONCUR WITH PLANNING COMMISSION KECOM2Z~h~ATION TO APPROVE A VAklANCE FOR A NON-CONFORMING STRUCTURE ON LOT 2 INCLUDING ADJACENT VACATED STREET, BLOCK 1, AVALON; PID ~ 19=1!7-23-24 0002 (4452 Denbigh Road) .~&z Case No. 87-673 WHEREAS, the applicant is requesting a variance to allow an attached deck with a walkway within zero feet to tl~.a, side property line at the west, add a second floor..on the existing dwelling within 3.7 feet of the side lot line and 20 feet to the front property line; and ~5~iEAS, the E-2 single family zoning district requires 6 foot side yards,20 foo~ front yard, and 50 foot lakeside setback to the Ordinary High Water Elevation of.929.5 N'.G.V.D.; and WHEEI2%S, SECTION 23.404 Subd~ (8) provides that alterations may be made co a building containing a lawful nonconforming .residential unit when the alteration will improve the livability thereof but the alteration may not increase the number of dwelling units. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of'Mound,'MN., as follows: That the City does hereby authorize the existing nonconforming principle 'Structure setback~at 4452 Denbigh Road; ?ID 419-117-23 24 0002. ' The City Council ~uthorizes the existing structural setback violation and authorizes'the alterations set forth below, pursuant to Section 23.404, Subd. (8) with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and re- strictions of Section 23.404. It is determined that the livability of the residential.unit will be improved by authorizing the following alterations to the nonconforming property: A second story (floor) is to be added to the existing dwelling within 3%7 feet of the west property line, a'minimum of 6 feet to the east property line, 50 feet to the O.H.W. elevation of 929.5 N.G.V.D. to lakeside, and 20 feet to the street front property line. Reduce the deck elevation to within 30 inches from existing ground level with a stairway from the patio door down to the lower deck, proceeding at ground level to the lakeside, and then a stairway to the elevated deck beginning at the 3.7 foot building setback line. Upon. the further condition that the existing dwelling must meet State Building Code, the existing basement entry at zero feet to the property line be relocated into ~he new construction and then to be removed to ground level, provisions be made to divert water run off away from the adjoining'property. Variance approval is valid for one year from the date of this resolution. THOMAS WURST. P.A. CURTIS A. Pr. ARSON. ~,A. k4rS D. L-~RSON. P.A. THOM~ ~. UND[RWOOD, CRAIG M. M~RTZ ROG;R d. FELLOWS R,E. CF....I.¥ED MAR 1. 3 ~AW WURST, PEARSON, LAR$ON, UNDERWOOD & MERTZ MINNEAPOLIS, MINN[SOTA 55402 March 10, 1989 (SI~) Mr. Jack Cook 4452 Denbigh Road Mound, Minnesota 55364 Dear Mr. Cook: On March 10th I received a note from you returning my letter of March 1, 1989. You make certain statements in your note and ask for extensi'ons. I am returning to you my letter of March 1, 1989 which expresses the concerns and frustrations of the City staff concerning your failure to respond to the staff's attempt to have you follow the resolutions approved by the City Council. By this letter I am indicating to you that if you feel there is some reason or logical explanation for an extension, you will have to apply for that extension by sitting down with Jan Bertrand, the Building Official. She will then process that through the City process and the Council will make that ultimate determination. The point I am trying to make in my letter of March 1, 1989 and in this letter is that you must follow the procedures and the process established by the City and the City Council. I have no authority to grant you extensions nor does Jan Bertrand and you will have to work through the City process. Please sit down with Jan Bertrand at your earliest opportunity and the two of you will have to come to some conclusion how you are going to resolve this matter. If nothing is done, the Building Inspector has asked us to commence a legal action against you and the purpose of my letter was to give you warning so that we didn't file complaints against you without your having an opportunity to try to resolve your problems. Please see Jan Bertrand at the earliest opportunity. Very. truly yours.¢' ) /¢7' /i/ ":' Pearson City Attorney CAP:lkg cc: Mr. Ed Shukle, City Manager, City of Mound Ms. Jan Bertrand, Building Official, City of Mound/ RECEIVED MAR. CurTis A. P£A~$ON. P.A. UA~4I:S O. ~SON. P.A. THO~ F, UNDtRWOOD, P.A. CRAIG M, MERTZ LAW OffiCES WURST, PEARSON, L.ARSON, UNDERWOOD & M£RTZ MINNEAPOLIS, MINNESOTA 55~,O2 March 1, 1989 TI L [IIIHON [ If'AX N U IM I l:lq Mr. Jack Cook 4452 Denbigh Road Mound, MN 55364 Dear Mr. Cook: Resolution No. 88-184 - 4452 Denbigh Road On October 17, 1988, the City Building Official sent you a letter indicating that certain things needed to be done on your property to comply with Resolutions 88-104 and 87-191. Jan Bertrand informs me that there has been no response to her concerns. On October 13, 1988, by Resolution No. 88-184, you were granted a 60 day extension, and that extension has now expired. Jan Bertrand informs me that you have not complied with the building code for your remodeling.project and that it is necessary that you renew your expired building permit. She further informs me that there are a number of items which need to be completed on the bathroom area on the second floor, door hardware, window trim, handrail/guardrails, caulking, nailing of siding, as well as the garage firewall. The City staff is frustrated and has suggested that we commence legal action to bring this to a conclusion. After discussion, we felt it would be better to try one more time to get you to voluntarily comply with the City ordinances and the state codes. Mr. Cook, I .would very much appreciate it if you would go to City Hall and confer with Jan Bertrand. Please work out all of the' deficiencies in your construction and arrange to have your permits and your variances extended so you can complete the work as your originally told the Planning Commission and the Council you were going to do. If we are unable to resolve this in a friendly manner, you leave the City with no alternative WURST, PEARSON, LAR$ON, UNDERWOOD & M£RTZ Page 2 Mr. Jack Cook March 1, 1989 other than to pursue through the courts its remedies in having. the codes, council directions, and statutes complied with. Please, please let's resolve this without any additional wasted time and bad feelings on anyone's part. Your help and consideration will be very much appreciated. CAP:lh CC: Verz truly yours, City Attorney City of Mound Mr. Ed Shukle, City Manager Ms..Jan.Bertrand, Building Official FeDruary 24. 1989 Curt Pearson WURST, PEARSON, LARSON, UNDERWOOD & MERTZ llO0 First Bank Place West Minneapolis, MN 55402 Re: 4452 Denbigh Road Dear Curt: ! am enclosing all of the background material as per your request 'FOr the 4452 Denbigh Road variance approval and extension. The materials include ali of the packet information that was For- warded to the City Council as well as the resolutions that were approved. ! would like you to also mention to Mr. Cook that he has not complied with the building code For his remodeling. He has an option of renewing his expired building permit and com- pleting such items as: bathroom area on second floor., door hardware, window trim, handrail/guardrails, caulking, nailing o¢ siding, as well as the garage Firewa11. After reviewing the material, would you send him a warning notice From your office and if he Fails to respond, I would like you to proceed with a .Formal complaint. Possibly we could process this under a civil action so we can correct the deck and retaining wall that is encroaching on the neighbors property through court action. you have any questions, please phone me. Sincerely, ,/Jan Bertrand Building Of¢icial JB:pj 89/25 Enc Josures cc: Ed Shukle, City Mameger CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 October 17, 1988 Mr. Jack Cook 4452 Oenbtgh Road Mound, MN 55364 Dear Mr. Cook: You have the City Council approval on Resolutions B8-104 and 87- 191 Eot a 3' side yard setback and 12.5' street front setOack to allow the construction dE the attached garage and second floor. upon the condition there be no encroachment oF the existing base-. ment stairway, reduce deck to 30 Inches high within 3.7 feet oF side lot line except at the ~atto door, etc. I have enclosed a cody oF your variance Resolutions B8-104 and 87-191 For your convenience. Now that the garage and second Floor have been constructed and the resolutions have expired, you w111 need to proceed within the next 30 days to remove the non- conforming structure DE the deck and stairway entry on the west side oF the 1or. I have not been to your home since April except For the trench Footing Inspection to the north In June. Please also arrange a progress inspection Eot your second Eloor addition and remodellng oF the existing house within 30 clays. Sincerely, ~Ja~n Bertrand. ' Building OFficial JBtpJ Enclosures ,,n 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 Planning Commlssion Meeting November 28, 198B BOARD OF APPEALS Case No. 87-673: 4452 D_eml~i~t~ Ro.~c~. Jack Cool<L_.A.v_9.1__o.m..~...B...l_o_c_/<- J..,._L_.o_t_ 2 i_m.c_l..u.¢, j DO _~O.j.a_ce.o.t_ _y_a.c.a_%e..O__.s_t_r_e_e_t_,. P ID__~J_9_-_I.J. Z 4- 0 0 0 2j.__S.E_T..B_AC. _K_. V..A _RIA N_ C_E_ .-. _ .C_H.A N.G__E_ _R_E_QU E 5 T. Applicant, Jack Cook, was not present. Recommendation by._Bufldfnq OFFicial~.__Jan Bertrand: The aDplicant is requesting an extension on his variance Resolu- tion · #B7-I9] due to 1ack oF Funds to remove the nonconforming entry way. The a~! icant is also requesting a change in the variance to allow him to keem his deck at a continuous level above grade. The existing variance requires him to reduce the deck elevation to within 30 inches From existing ground level with a'stairway From the patio door down to the lower deck, ~roceedtng at ground level to the 'lakeside, and then a stairway to the elevated deck beginning at the 3.7' building setback line, Mr. Cook believes, to lower and then raise his deck over a di, s- tance oF Z0' or less creates a hazardous and unsafe condition. 'The Building OFFicial supports the ortglnal staFF recommendation. The neighbor, Sandra Konnad had her property surveyed, which shows a ]' encroachment oF the present deck. To-date the deck has not been moved back or lowered to grade. Discussion: Ms. Konnad spoke on her behalf and stated she has not discussed any oF these Issues with Jack Cook.- She does not approve oF his deck encroaching on her property, and would like him to move it. There is also a retaining wall encr6acnfng on her property. Reese recalled asking Mr. Cook to negotiate with his neighbor in terms oF purchasing t" or Z' oF Ms. Konnad's property to solve his situation. MOTION'made by Weiland, Seconded by Re~se, no action will be taken by the Planning Commission until the encroachment is resolved. .It Was discussed iF Ms. Konnad .has enough property to se11 and still' keep her lot conforming. Ms. Konna~ stated her lot Is 50' wide, however she would prefer not to sell her property, but to have Mr. Cook remove the deck. The Building OFFicial informed the dommfssion iF this variance is not extended by this Commission and the Council, then the ap- plicant will be taken to task because his variance is expired, Wetland moved to withdraw his motion, Reese seconded. MOTION 'moved by Wetland, seconded by Sohns to deny the request For the change in the variance. Motion carried un- animously. Case wi I I be heard by the City Councll on November 29, 1988. BERNICK AND STERN A"I-TO~NI:'Y5 AT LAW BERNICK, SHAPIRO AND G~$SMAN, P. A. 5401 GAMBLE DRIVE LOUIS PAKK, MINNESOTA 55410 October 21, 1987 Mr. Jack Cook 4452 Denbigh Road Mound, MN 55364 Re: Encroachment onto Lot 3 and the East !0 feet of Lot 4, Block 1, Avalon Dear Mr. Cook: I have been retained by Sandra J. Konnad with respect to the encroachments onto her property by the recent construction originating from your property. For your reference, I enclose a copy of a survey recently completed, which shows the following encroachments onto Ms. Konnad's property: Your metal shed is located three-tenths of one foot on Ms. Konnad's property. The wooden retaining wall immediately south of the shed encroaches seven-tenths of one foot on the north end and eight-tenths of one foot on the south end. The wooden retaining wall to the north of the foregoing retaining wall encroaches 1.15 feet on the north and 3.7 feet on the south. The wooden deck adjacent to your home encroaches one foot on.the north and eight-.tenths of one foot on the south end. The concrete foundation of the entrance to your basement on the west side of your house encroaches .08 feet across its entire width. Mr. Jack Cook October 21, 1987 Page 2 BERNICK AND .STERN It is unfortunate that these improvements were made without securing the necessary permits. I understand a survey was obtained by you two years ago, but the stakes were lost during the extensive regrading of your back lot. Had you reestablished the lot line prior to commencing construction, you could have perhaps avoided this problem. On behalf of Ms. Konnad, we are requesting that these encroachments be removed immediately. I have been provided with a copy of a Resolution by the City Counsel dated October 13, 1987, which appears to authorize a variance from the six foot side set back to within 3.7 feet of the side lot line on the west. At a minimum, that side lot clearance should be reestablished adjacent to the home. It is not clear whether the retaining walls to the north and the metal shed are subject to the variance or must be reestablished at a minimum of six feet to the east of the property line. It is my understanding that your request for a variance was placed upon the Planning Commission agenda for the meeting October 12, 1987, and further placed upon the City Counsel agenda for approval the following day, October 13. Ms. Konnad advises me that she spoke with you on the morning of October 13, and that you advised her of the results of the Planning Commission meeting the previous evening. In response to her inquiry as to the date of the next counsel meeting, you advised her not of the meeting scheduled for that evening, but of a meeting to be scheduled for the 23rd or 28th of October. Certainly if she had been advised of that evening's. City Counsel meeting, she would have attended and expressed her opposition to your request for a variance. We intend to brin~ this ma~ter up before the counsel at the next meeting, so that'both sides can be heard on this matter. IrresPective of the outcome of the meeting, and whether the City grants a variance or not, the encroachments have to be removed from Ms. Konnad's property. Mr. Jack Cook October 21, 1987 Page 3 BERNICK AND STERN A PROF'E'.~.~IONAL, A,~,~OCIATION In order that we may advise our client whether legal ac{ion is required, we would appreciate your response at your earliest opportunity. Very t_~u!y yours, BERNI dF~ AND ~STERN, P.A. David L. Olson DLO/cmw Enclosure cc Ms. Jan Bertrand Ms. Sandra J. Konnad Mr. Edward J. Shukle, Jr. Mr. Steve Smith ~ ~'?' (-, 73 DE.51ARS - GABRIEL LAND SURVEYORS, INC. 3030 Harbor Lame No. P;)..~,c.u:m MN 55441 P:,o.".e' {612) 55~-.09C~ q 'k ' Baok - LAND ~URVEYORS, INC. / ~,9 /~,v of SEPT. ~8~. ' Al lurvey~O ~y me this ~r ~.~,ey ~re In~eces~.ea tme program wilt originate from, Weston~a S~udio Theater in the Westonka Community 'Center and persons should be seated no later than 7:30 p.m. Request to sell City owned property: pevon. Lots 13 & 14t Block It was recommended at the last Park Commission Meeting that this request be delayed until the neighbors are notified of the proposed sale, to allow the neighbors to express their views on the future of this property. It is the Intention of the Park Commission to see that this land is not developed. Park Commission Meeting April 13, 1989 Page Two /Jf, I Janet Nelson, 4828 Island View Drive, lives across the street from the subject lot. She stated she would like the lot left un- developed. The lot is a home to a lot of birds. The lot is also' full of debris from the new construction next door and over the years has accumulated an excessive amount of brush and other debris. It needs to be cleaned up. The prOPosed buyer of the property, Shirley Spraguer, 4817 Hanover Road, stated they want to purchase the lot to ensure that it is not developed. The Commission argued they have no way of enforcing this lot not be developed, it could be sold at any time. If the City retained the property, who would clean it up? It was suggested the City do inlttal cleaning, then the neighbors main- tain. It was also suggested that a small 1' x 2' sign be posted stating "No Dumping", and "Nature Conservation Area" MOTION made by Weber, seconded by Clough, the Park Commis- sion recommends the City Council retain Lots 13 end 14, Block 11, Devon, as a passive park. The property should be posted with a sign stating "No Dun~31ng, Nature ConservatiOn Area". The property wfll initially be cleaned by the City, and the Building Inspector will contact the builder to clean his debris from the lot. Motion carried unanimously. This recommendation will be referred to the City Council at their meeting on'April 25, 1989. 3. Gather oublic input reqardinR Chester Park This public meeting was called to gather neighborhood input regarding Chester Park's future. Glenn Rogers of 5116 Waterbury Road, informed the Commission that the plaque on the rock was for his son and the Park was named Woodrow Rogers Beach. Mary DeVin- ney has the plaque that was on the flag pole, next to the rock, which was dedicated to her son. Both parties had no objections to moving the memorials to the edge o~ the o~rk. There ~s d!~- PROPOSED SALE Of CITY OWNED PROPERTY On March 9, 1989 the Mound Advisory Park Commission reviewed the proposed sale oF City owned property, legally described as: Lots 13 & I4, Block Ii, Devon, located on Drummond Road Since this. property meets all the requirements oF a "buildable" parcel, the Park Commission is concerned with the Future of this property and would like to collect the neighbors Feelings on the sale oF these lots. THE PARK COMMISSION INVITES YOU TO BE HEARD AT A PUBLIC MEETING BEING HELD AT AL & ALMA'S, 5201 PIPER ROAD, MOUND, MINNESOTA AT 7:00 PM, APRIL 13, 1989. Mailed to all residents tn Blocks 11 & 12, Devon. I C_) I~ H/~ )VER RD I RD ~ I February 6, 1989 CITY of IVlOUND 5341 MAYWOOD ROAD MOUND MINNESOTA 55364 (612) 472-1155 TO: PARK COMMISSION FROM: FRAN CLARK, CITY CLERK RE: REQUEST tO SELL CITY OWNED PROPERTY The City has received a request to sell Lots 13 & 14, Block 11, Devon, PID #25-117-24 11 0149. This request is from the Spraguers (4817 Hanover Road) who own Lots 5, 6, 15 & 16, Block 11, Devon. They have indicated they do not want to see this land built upon. The background on Lots 13, 14 & 15, Block 11, Devon, is as follows: 1. In early 1974, (Resolution #74-118) the council authorized taking these 3 tax forfeit lots for a tot lot. 2. Before that resolution reached the County, the 3 lots were sold to Buzz Sycks for $1,236.00. 3. In early 1975, Mr. Sycks sold the lots to the City for $1,236.00 plus interest and taxes due to date. 4. In 1985, the City sold Lot 15 to the previous owner of Lots 5, 6 and 16, Block 11, Devon for $1,500~00. The price was low because Lot 15 alone is not a buildable lot. 5. Lots 13 & 14 meet the square footage requirements for a buiidable lot. The Hennepin County Assessor's Office has advised me that a reasonable price for these 2 lots is $9,000.00. There is also a storm sewer assessment of $1,971.OO against the property and a pending road improvement assessment of $950.00. There is water to this property but no sanitary sewer. In looking at these lots, it would take a lot of work to make a tot lot out of them. They are on a hill and quite steep. Would you recommend selling these? fc RE$Oi,UTION NO. the Council, by Resolution No. 7h-~8 on May ~-4, !97h '~ected that Lots 13, ~, !~, Block il, Devon, which are tax be takeu £or a tot lot, ~nd u~pon ca!linE the County reques~inE that these lots be held for a tot lot, it was learned that these lots had been sold private individual, and in a discussion w~_th the purchase~ it was indicated that he would sell these lots to the City for ~tat he paid for them, NO~, T?~OPg, BE IT RESOLVED BY THE CITY COUNCz-L OZ MOUh~, .... That actiou on the purchasiu§ of these lots be deferred until · reco~mendation £rom the Advisory Park Comm~ission be received. Adopted by the Council this 28th day of Pray, .1974. ~C~_UTICE 1~0. 7~-!37 RESOLUTICI~ AUTHOPV__F!NS Ti.-~ FJP.~$~S~Z OF LOTS !3, 14 and it is desirous to obtain Lots 13, 14 ~nd 15, Block !1, Devon for tot-lot properties, and these lots are now ct-ned by P~ Ln:. ~nd P~ Lnc. is' wi!lin~ ~bo sell these lots to the City for ~'hat they have put into them, 'NOW, ~ -REFORE, BE IT-RESOL~ BY THE CITY CCUNC~ OF MCUi~D, MG3ND, /'nmt authorization be siren to purchase Lots 13, '14 and 15, Block 11, Devon £r~m PBS Lno. at their cost, which is $1,236.00 plus interest and taxes to Adopted by the Council this 25th day of Fmrch, !975. PROPOSED SALE OF CITY OWNED PROPERTY On March 9, 1989 the MounO Advisory Park Commission reviewed the proposed sale oF City owned property, legally described as: Lots I3 & I4, Block II, Devon, located on Drummond Road Since this property meets all the requirements oF a "buildable" parcel, the Park Commission is concerned with the Future oF this property and would like to collect the neighbors Feelings on the sale oF these lots. THE PARK COMMISSION INVITES YOU TO BE HEARD AT A PUBLIC MEETING BEING HELD AT AL & ALMA'S, S201 PIPER ROAD, MOUND, MINNESOTA AT 7:00 PM, APRIL 13, 1989. Mailed to all residents in Blocks Il & 12, Devon. RO ~ I' - A~3XO~ ~ ,I FOR SALE OF LOTS 13 & 14~ BLOCK 11~ DEVON, 25-117-24-11-0024 25-117-24-11-0019 Stephen Spraguer 4817 Hanover Road 25-117-24-11-0020 Stephen Spraguer 25-117-24-11-0021 Mark & Louise Anderson 4833 Hanover Road 25-117-24-11-0022 M & L Anderson 25-117-24-11-0023 D. C. Kasin, Inc. 6611Edgewood St. Rockford, MN 55373 (Blk 11, Lots 11 & 12) 25- 117-24- 11-0025 Paul & Mary Jereczek 3225 Devon Lane So. 25-117-24-11-0026 Mark & Deborah McCurdy 4818 Island View Drive 25-117-24-11-0027 Douglas & Janet Nelson 4828 Island View Drive 25-117-24-11-0028 Steven Furcich & Luther Hoese 4836 Island View Drive 25-117-24-11-0153 Gregg & Annette Borer 481t Hanover Road 25-117-24-11-0154 Scot & Tammy Neuschwander .3213 Devon Lane ~DE?ARTMENT OF NATURAL Paul, DI~ P?.0TZCTED WA--E?-c ~'-~v'T ~-=?LiCATION RESOURCES TO: .--~OM: J'u'DY B0b'DP-~AU, ~P-J~. '---'?OROLOGIST ~TR0 EZGiON DIVISION OF WAT.:T,S EATu---~.E OF MORY.: C0.vJ'__~-NTS DUE BY: EMVL. CYER ...~ ~.1.'lc> Ti~ NATUI~A[ I[ESOURCE$ LOCAL UNiT OF GOVERNMENT COMMENTS Section I, (To De com~lete~ Dy applicant) fName of APplicant I ! IT°wnsmp(s) I Range(s) PROJECT LOCATION Quarter Section(s) SeCt~lO;(S) I 1[? J'Prolect will affect: (name and number of lake, wetlancl, or watercourse) I hereby submit this application for permit to: (mark proper box) .. ~ ..' ,2 .' PART B IAclOress (Street, RF~,. Box No., City, Stale. Zip .C. oOe)-~.L~ bb£iA c/o: Garsten M~-~, 2550 Univ. Ave., ~;, ~ce. !10, ~.. ~= ICount,/(ies) IDate I Section II, (To De coml~leted by local u'nit of government) The following local unit of government.comments and/or recommendations are submitted for consideration by the Department of Natural Resources in the disposition of the referenced permit application. (YOUR RESPONSE MUST BE S~BMITTED TO THE DNR WITHIN 30 DAYS.) Water Aopropriation Permit Applications an0 Protected Waters ~ermlt Applications are.to be sent to the DNR Regional Office. SEE REVERSE SIDE FOR CORRECT MAILING ADDRESSES). Was the Proposed project field inspected by this local unit of government? Viewer's Name ~ Title F-'~NO I-'lYES (if Yes, give viewer~ name} "~uthorized Signature Title Name of responding Soil end Water Conservation District, Watershed District, City or County Address (of the abdve named local unit of government) I~'"'~ ~ (DNR -- Divi$icn of Waters addresses on back) PERMIT APPLICATION TO WORK IN PROTECTED WATE~ OR WETLAI(O$ II#~UI)I#E DAM ~AFE'I'Y) Please read instructions Delore a,qempting to complete this application. ,~,~licant s Name (Last, F,rst. M.I.) [Authorized Agent (,f appt~caOle) .... ~ ..... ~FD, Box NumDer, C~, State, Zm Code) - OFFICE USE ONLY, P~ NO swco none Number&ama coae 1 ~-O'CA¥1'ON--dF~FRbP-O~SED PR-OJEGT (BF..SiJ~E T~ INCLUDF S~,ETCH SHOWING HOw TO GET TO THE ,SITE) Government Lot(s) Quarter Section{s) )Section(s) No. jTownship(s) No. iRange(s; No. ILot, Block. Sub0ivision Fire No.. Box No. or Project Address: IC~0unty I:lPr°'~eC!name sw'll aftecl,~4, a,,e.numDer [~Wetlano or DWatercourse ON-' IV. TYPE O~= PROJECT (,CHECK ONE) [] reDalr r~ shoreline C shore-protection [-1 oOstruction r'l clam D remove D channel ~ harbor [] bridge O other O abandon O sand blanket iD permanent dock [] culvert (specify) O other (specify) ~.~,riprap [] wharf ~;;~.t~ VI. LENGTH .OF SHORELINE AFFECTED (IN FEET): VOLUME OF. MAi'ERIAL. FILLED OR EXCAVATED (IN CUBIC YARDS): ~, _~_3._.,~ -.~o gRIEF EXPL.A,,NATION OF. PRO;J.E.C.T: (EXpL,9,~N WHA~T .PROJECT,CONS. ISIS OE.AN~OW .WQRE.WILL BE. DONE) J.~----..=..-~'~- -.i..-o. ~ " ' ~ ~;-'"° - ,:-- -, - F ~--..: ---t. .... -~ . ' ..... -.-: .... , . . · .,, VII. VIII. 3,0 PURPOSE OF PROJECT: (Explain why this project is needed) 'ENvIRONk~ENTAL II~PAb"T (A. nticipated changes to the water and related tancl resources, including unavoidable but detrimental effects) ALTERKATI~S (Other alternatives to the action proposed.) I he,e~y make a~pltcation pursuant, to Minnesota Statutes Chapter 10542 and all Supporllng rules for ape, mlt to work in or affect the above named protected STATE OF COUNTY 0~ SuoscnbeC and s,vom lO oelore me this Cay of water(s) in accordance with all SUppOrting mapS. plans, and other information submit'led wroth lhis applicaton The reformation submifled and statements made concermng th~S aOpllCahon are true and correct tO the best of my kno.wledge .., l S,gnalu/e of Leasee ' ';' Distribution: White: DNR Blue: SWCD Green: W~!ershed District Goldenrod:City or County Pink: Army Corps of Engineers Canary: Applic.~nt /~q'7 ~ Park Con~nlsston Minutes April 13, 1989 Page Four The City Planner reviewed the preliminary plat proposal at 5545 Three Points Blvd, Lafayette Park Lake Htnnetonka, Part o6 Lot 27 & Part of Govt. ~Lot 4. He explained that they are proposing to collect a park fee for this Oevelopment since according to the plan there is no pressing demanO for land tn that location. The Commission had no objections. DNR Application #89-6330 for riprap at Lakewinde MOTION made by Neber, seconded by Jessen, to approve DNR Ap- plication #89-6330 for rtprap installation at Lakewtnds. Hotion carried unanimously. 7. 1989 Ccx~erctal Dock Ltcense~ The [989 Commercial Dock Licenses for Lakewtnds, Mlnnetonka Boat Rentals/EOgewater Marina, Seahorse Condominiums, and Chapman Place were reviewed. MOTION made by Neber, seconded by Asleson, to recommend ap- proval the 1989 Commercial Dock Licenses. Hotton carried unanimously. Council Representative Report Council Representative Phyllis dessen reported that she received a request from a citizen to have puppet shows in the parks with a religious theme. She also reported that the City Council agreed with the proposal to have the police meet with the Commission or a subcommittee regarding snowmobile/vehicle accesses through the parks. The City Council also agreed that the wetlands recrea- tional use fall under the direction of the Park Commission, however there was no motion or resolution adopted. Park Director's Report Park Director, Jim Fackler, reported that they are in the plan- ning stage For their float in the City Days parade. He reviewed the meeting regarding the County Road 15 Beautification Com- mittee. The new park equipment is on its way. The summer crew will now ~e start(ng work again. They received the ~terlais for signs, there should be enough materials to have signs in all the parks. Planning Commission Minutes April I0, 1989 Page Eleven the house did not have proper frost footings and garage walls did not have any footings at ali. Thai commented that he visited the site with the Building Official. Thai explained that a variance is needed For Mr. GolOberg to re-build the home in the same footprint. ~ The contractor, Mr. George Lutz was in attendance to represent Mr. Goldberg who was out of town. He attested to the Building Official's comments regarding the structure and agreed that it would cost aPproximately the same to re-build a new home than to repair the existing. He also added that the building would have to meet current building codes If it were new construction, whereas the existing structure only has tO meet the codes of the date which it was constructed. The Commission discussed the options available for the applicant now that he can re-build. They agreed that he could design his home so it was less infringing. Now that the chimney will not be protruding through the middle of the house, the Commissioners' discussed moving the proposed structure further from the road, closer to the lake, further from the west lot line, and closer to .the east lot line. The steep slope on the lakeside was dis- cussed. Mr. Lutz agreed to discuss proposing a new plan with Mr. Goldberg. The applicant will bring the new proposal to the April 24, 1989 Planning Commission meeting. PNR Application #89-6330 for Installation of riprap at Lakewtnds. The Planning Commission did not ,voice any objections to the riprap application. Council Representative Report~ Jensen briefly reviewed the City Council meeting of March 28, 1989. MOTION ~de by Andersen, seconded by Welland to adjourn the meeting at I2:11 p.m. Motion carried unanimously. Chair, Bill Meyer Attest: CITY of MOUND April 10, 1989 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: CITY COUNCIL FROM: CITY CLERK RE: TAX FORFEIT PARCELS Attached are two resolutions dealing with the current list of 5 tax forfeit properties. Two of the parcels are being recommended for sale to adjoining property owners only. The other three parcels the City should retain for the reasons stated in the resolution. The City Engineer's recommendations 'are attached along with maps of where the parcels are located. fc enc. April 25, 1989 RESOLUTION NO. 89- RESOLUTION RECONVEYING (IF NECESSARY) CERTAIN 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 WHEREAS, the City of Mound has been informed by the Department of Property Taxation of Hennepin County that certain lands within the City have been forfeited for non-payment of real estate taxes; and WHEREAS, the City of Mound has a number of tax parcels which do not comply with the City's zoning ordinance and building codes because of a lack of minimum area, shape, frontage, access problems, or the parcels contain nuisances or dangerous condi- tions which are adverse to the health, safety and general welfare of residents of this City; and WHEREAS, the City was instrumental in obtaining legis- lation which could allow said parcels to be withheld from public sale and sold at a non-public sale to eliminate nuisances and dangerous'conditions and to increase compliance with land use or- dinances and Minnesota Laws of 1982, Chapter 253, Article 39, Sect. 6 was adopted to provide said authority to the City and the County; and WHEREAS, a specific list of tax forfeited lands has been provided the City and the City wishes to restrict and condi- tion the sale of certain lands to bring them into conformance with City ordinances and land use goals; and WHEREAS, all special assessments were cancelled at the time of forfeiture and may be reassessed after the property is returned to private ownership pursuant to Minnesota Statutes 282.02 (also note: M.S. 429.07, Subd. 4; M.S. 435.23 and M.S. 444.076); and WHEREAS, all special assessments that have been levied since forfeiture shall be included as a separate item and added to the appraised value of any such parcel of land at the time it is sold (M.S. 282.01, Subd. 3). NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: 1 April 25, 1989 The County Board is hereby requested to impose conditions on the sale of the following described lands, and is further requested to sell such lands only to owners of lands adjoin- ing at a non-public sale so that said lands will be combined for tax and land use purposes and will comply with City or- dinances and regulations: ao PID #13-117-24 11 0107 - Lot 15, Block 25, Shadywood Point, including 1/2 of adjacent vacated street. REASON FOR AND CONDITIONS TO BE IMPOSED SPECIALS LEVIED SPECIALS LEVIED BEFORE FORFEITURE SINCE FORFEITU LEVY ~ AMOUNT LEVY ~ ,AMOUNT Undersized lot 6946 to be sold only to 8298 and combined with adjoining properties $455.31 NONE $273.00 The following Easement Grant Application has been applied the Hennepin County Board on this parcel. A perpetual easement for drainage and utility purposes under and across the following described property: Lot 15, Block 25, Shadywood Point. PID #13-117- 0107 Said perpetual easement being that part of said Lot 15 15.00 feet on each side of the following described line Beginning at a point on the west line of said L distant 92.00 feet south of the northwest corn said Lot 15; thence northeasterly to a point o east line of said Lot 15 distant 40.00 feet sou the northeast corner of said Lot 15 and there term ing. The side line of said easement are prolonged or shorten terminate on the west and east lines of said Lot 15. B. PID #13-117-24 14 0035 - Lot 14, Block 14, Shadywood Point. / 77 2 April 25, 1989 REASON FOR AND CONDITIONS TO BE IMP6SED SPECIALS LEVIED BEFORE FORFEITURE LEVY ~ AMOUNT SPECIALS LEVIED SINCE FORFEITU LEVY # AMOUNT Undersized lot 8297 to be sold only to and combined with adjoining properties $623.91 NONE The Mayor and City Clerk are hereby authorized and directed to release the aforementioned lands for sale, subject to the County imposing the aforestated conditions and the lien of special assessments on said lands. The City of Mound is releasing the above properties subject to street and utility easements being retained by the City of Mound. The foregoing resolution was moved by Councilmember a~d seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Clerk April 25, 1989 RESOLUTION NO. 89- RESOLUTION AUTHORIZING APPLICATION FOR CONVEYANCE FROM THE STATE OF CERTAIN TAX FORFEIT LA~S WHEREAS, there are certain lots in the City of Mound which are tax forfeit; and WHEREAS, the County has requested that the City Council either release these lots for public auction; release for private sale to adjacent owners if the parcels cannot be improved because of non-compliance with local ordinances; or request conveyance; and WHEREAS, it appears in the best interest of the City to obtain certain lots for various reasons, i.e. wetlands, storm sewer drainage, street or park purposes, or topography. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, hereby authorizes the Mayor and City Clerk to make application to the State of Minnesota for con- veyance of the lots listed below for the public purpose listed: PARCEL LEGAL DESCRIPTION PURPOSE 19-117-23 32 0189 Lot 16 and west half of Lot 17, including adjacent 1/2 of vacated street, Block 8, Wychwood Topography makes it unbuildable, drainage 24-117-24 44 0121 That part lying SWly or the NEly 30 ft of Lot 4, Block 11, Arden Street & wetlands 25-117-24 12 0030 Lot 8, Block 26, Devon, including vacated road. Wetlands 30-117-23 22 0047 That part of Lot 8 lying west of E 7 1/2 feet, Block 6, Devon. Utility & drainage purposes The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: April 25, 1989 The following Councilmembers voted in the negative: Attest: City Clerk Mayor 2 McCombs Frank Robs Associates, Inc. Tv,m Ci~ies $~ Cloud 15050 23rd Ave N. P!ymoutn. MN 55447 December 14, 1988 Telephone 612/476-601o Engineers Pianners Surveyors Ms. Fran Clark, City Clerk City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: Tax Forfeit Property MFRA #6670 Dear Fran: As requested we have reviewed the current list of tax forfeit properties and have the following comments and recommendations: Parcel ! - P.I.D. 13-117-24 11 0107 Lot 15, Block 25, Shadywood Point, including 1/2 of adjacent vacated street 50' x 125' lot with 8000 S.F. +. This lot does not meet the minimum size of 10,000 S.F. for R-1 zoning. The property could be released for sale to the adjacent property owner only if combined with their existing parcel. It appears that the owner of Lots 13 and 14 could combine Lot 15 with a portion of Lot 14 to meet the lot size requirements and create another building site. If Lot 15 is released the City needs to retain a drainage easement over a portion where the existing storm sewer inlet is located. Parcel 2 - P.I.D. 13-117-24 14 0035 Lot 14, Block 14, Shadywood Point - Odd Shaped lot - 5400 S.F. + This lot is unbuildable because of a lot area deficiency; therefore we would recommedd it be released for sale to adjacent property owners, only if combined with their present parcel. Parcel 3 - P.I.D. 19-117-23 32 0189 Lot !6 and west half of Lot 17, including adjacent 1/2 of vacated street, Block 8, Wychwood - 75' x 80' parcel - 6,000 S.F. This parcel meets the lot area requirements for a buildable lot, but we are recommending the City retain this parcel as unbuildab!e because of drainage problems. The grade drops off very steep to the north with homes located at the bottom of the hill eacing Hanchester Road, the next street to the north. Developing this parcel would force additional run-off directly towards the existing homes, which could cause severe water problems. Ms. Fran Clark December 14, 1988 Page Two Parcel 4 - P.I.D. 25-117-24 12 0030 Lot 8, Block 26, Devon, including 1/2 of adjacent vacated road 50' x 160' parcel - 8,000 S.F. This lot is located completely within a designated wetlands; therefore, we recommend the City acquire it for wetland purposes. Parcel 5 - P.I.D. 30-117-23 22 0047 That part of Lot 8 lying west of E 7 1/2 feet, Block 6, Devon 32.5' x 81' + - 2620 S.F. + We have reviewed this parcel with Public Works and discovered that a City storm sewer line runs diagonally from the northeast corner on Hanover Road to the southwest corner on Island View Drive. In addition a sanitary sewer main is located on the east 7 1/2 feet of this lot. Therefore, the City should keep with parcel for drainage and utility purposes. If you have any questions or need additional information regarding any of these parcels, please contact me. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron OC:tdv ? ? : .~ ' ; )EVON ESSEX .STRATFORD LA r-o-~. ROXBURY - ,J h LA '~ LA Z ;~OAN( ~KE LA :~' { ..... ~d N( ·BRIGHTON McCombs Frank Roos Associates, Inc. Twin Cities St. Cloud 15050 23rd Ave. N. Plymouth, MN 55447 April 20, 1989 Telephone 612/476-6010 Facsimile 612/476-8532 Engineers Planners Surveyors Mr. Edward Shukle, Jr. City Manager City of Mound 5341Maywood Road Mound, MN 55364 SUBJECT: Mound, MN Denbigh Road Proposed Street Improvements MFRA #7064 Dear Ed: Enclosed, as you requested, are the revised preliminary cost estimate and proposed assessments for the above mentioned project. These should be included with the new petition and all previous information from 1984 for the Council's review. I wish to reiterate again that the enclosed cost estimates and proposed assessments do not include any.expense which may be incurred in acquiring the right-of-way necessary for construction. If you have any questions or require additional information, please contact me. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron JC:aju Encloiures Mound, Minnesota Preliminary Cost Estimate Denbigh Road - Alternate A MFRA #7064 Item Quantity Unit Price Total Common excavation 3-1/2" bituminous base Mn/DOT 2331 Bituminous tack coat 1-1/2" bituminous wear, Mn/DOT 2341 Driveway aprons Concrete curb and gutter Tree removal 12" RCP storm sewer Catch basins Manhole Concrete apron Rip rap Black dirt and sod Relocate curb stop Adjust gate valve Contingencies Total Estimated Construction Cost 220 C.Y. $ 7.00/CY $ 1,540.00 90 TON 33.00/TN 2,970.00 20 GAL 1.50/GA 30.00 40 TON 36.00/TN 1,440.00 510 S.F. 3.50/SF 1,785.00 530 L.F. 7.00/LF 3,710.00 2 EACH 4OO.OO/EA 800.00 200 L.F. 25.00/LF 5,000.00 2 EACH 900.O0/EA 1,800.00 1 EACH 1,000.00/EA 1,000.00 1 EACH 400.00/EA 400.00 2 C.Y. 60.00/CY 120.00 400 S.Y. 3.00/SY 1,200.00 2 EACH 350.00/EA 700.00-' 1 EACH 200.00/EA 200.00 2,305.00 $ 25,000.00 Engineering, legal, fiscal and administrative costs 8,000.00 TOTAL ESTIMATED COST - Alternate A ............................ $ 33,000.00 Revised 4-20-89 0 ~- ~o ooo0o1oo0 o ooooooooo~o JJJJ JJJ JJJ~j ! ! ! > PETITION FOR LOCAL IMPROVEMENT MOUND, MINNESOTA day of , 198__ TO THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: We, the undersigned, owners of not less than 35 percent of the real property described as and abutting on hereby petition that improvements be made by the construction of pursuant to Minnesota Statutes, Chapter 429. SIGNATURE OF OWNER u,.,. ,,,) 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 !to LA KINGS MINUTES REGULAR COUNCIL MEETING SEPTEMBER 10, 1985 187 September 10, 1985 The City Council of Mound, Hennepin County, Minnesota, met in regular session on September 10, 1985, at 7:30 PH, in the Council Chambers at 5341Maywood Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Phyllis Jessen, Gary Paulsen, Steve S~ith and Russ Peterson. A}so present were: William McCombs, Oswin Pflug, Audrey Evans, Freda J. Olson, Paul Skjervold Ted Linn, Gordon Swenson, Roger Rager, John Monyan, Jack Wang, Lee Ann Sand, Paul Withers, Halden W. Lars, Ed Waldroff, Bruce Charon, Bud Stannard, Kaye Westerlund, W. John'Bili, Warren Shaffer, Stephen Kakos, Greg Gustafson, Jeff Gustafson. The Ma~or opened the meeting and welcomed the people in attendance. MINUTES The miuntes of the August 27, 1985, regular meeting were presented for consideration. MOTION MADE BY COUNCILMEMBER PAULSEN, SECONDED BY COUN~ILMEMBER SMITH TO APPROVE THE MINUTES OF THE AUGUST 27, 1985, REGULAR MEETING. THE VOTE WAS UNANIMOUSLY IN FAVOR. MOTION CARRIED. PUBLIC HEARING: CONTINUATION OF PUBLIC HEARING - AMENDMENT OF SECTION 23.412.2 (5), STANDARDS AND REGULATIONS FOR PLANNING DEVELOPMENT AREA (PDA)'OF THE MOUND ZONING CODE. Mayor Polston opened the hearing. closed the hearing. There were no comments. The Mayor Motion by Councilmember Paulsen, seconded by Councilmember Peterson, to adopt the following ordinance: ORDINANCE #482 ORDINANCE TO DIRECT THE PREPARATION OF AMEND- MENT TO SECTION 23.412.2 (5), STANDARDS AND REGULATIONS FOR PLANNING DEVELOPMENT AREA (PDA) OF THE MOUND ZONING CODE. The vote. was: Ayes; Councilmembers Peterson, Paulsen, Jessen, and Mayor Polston. Nayes; Councilmember Smith. Motion carried. PUBLIC HEARING: CONSIDERATION OF THE IMPROVEMENT OF A NOW PRIVATE PORTION OF DENBIGH ROAD THAT RUNS EAST TO CARDIFF LANE. It was noted that the notice of hearin should read" .... that runs east from Cardiff Lane". The City Attorney stated that if the Council decided that if they take .action on the proposed improvement, the City will have to re- advertise and hold the hearing according to the amended notice. The City Engineer reviewed the proposed improvement of Denbigh Road. Mayor Polston opened the public hearing.. Paul Withers, 4416 Denbigh, stated he is in favor of the improvement, because now he pays high taxes and doesn't receive all of the City services. 188 September 10, 1985 He would prefer to pay an assessment and receive the services .such as snow removal, etc. John Horgan, 4400 Wilshire, expressed he is in favor of the project. Oswin Pflug, 4440 Denbigh, stated he has been living there for many years. The previous requests for improvement were denied because it was felt there is not enough room there for a decent street. He signed the petition for improvement a year ago because he wes told it was only to explore costs. He feels now that the improvement would be dangerous and there is no room for emergency vehicles and no room for snow removal. Freda Olson, 4414 Wilshire, objects strongly to the improvement as she stated she will receive absolutely no benefit, but the improvement would lower the value of her home. Jack Wang, 4408 Denbigh, stated the improvement was previously denied when it wasn't as expensive. Now he disagrees with the assessment. Mayor Polston closed the hearing. The Council then discussed the utilities and drainage in that area, as well as safety factors. MOTION BY COUNCILMEMBER.JESSEN, SECONDED BY MAYOR POLSTON TO RE- ADVERTISE THE CORRECTED NOTICE OF HEARING FOR THE IMPROVEMENT OF DENBIGH. AYES: COUNCILMEMBER JESSEN AND MAYOR POLSTON. NAYES: COUNCILMEMBERS SMITH, PETERSON AND PAULSEN. MOTION DEFEATED. RESOLUTION #85-101 MOTION BY COUNCILMEMBER PETERSON, SECONDED BY .. COUNCILMEMBER PAULSEN, NOT TO IMPROVE DENBIGH ~ ROAD AS PROPOSED. AYES: COUNCILMEMBERS PETERSON, PAULSEN AND SMITH. NAYES: COUNCIL- MEMBER JESSEN AND MAYOR POLSTON. MOTION CARRIED. PUBLIC HEARING: EONSIDER ZONING AMENDMENT FOR CONDITIONAL USE PROVISION OF SECTION 23.6'35.3 TO ALLOW CONSIGNMENT/GIFT BY CONDITIONAL USE PERMIT. Jan Bertrand informed the Council that the Planning Commission recommend- ed that the zoning ordinance be amended to allow consignment/gift shops as conditional uses in a B3 zone. Mayor Poslton. opened the public hearing. As there were no comments, the hearing, was closed. Councilmember Smith moved and Paulsen seconded the adoption of the follow- !,ng ordinance: ORDI NANCE ORDINANCE TO CONCUR WITH THE PLANNING COMMISSION · RECOMMENDATION THAT THE ZONING ORDINANCE BE AMENDED TO ALLOW CONSIGNMENT/GIFT SHO~S BY CONDITIONAL USE IN A B3 ZONE. The motion passed. Motion by Councilmember Jessen, seconded by Councilmember Peterson to set October 8, 1985, at 7:30 PM, as the date and time for consideration of a conditional use permit application submitted by Roger and Gail Rager.to allow a consignment shop in a B3 Zone. The vote was unanimously in favor. Motion carried. March 13, 1984 REGULAR MEETING OF THE CITY COUNCIL The City Council of Mound, Hennepin County, Minnesota, met in regular session on March 13, 1984, at 7:30 P.M. in the Council Chambers at 5341Maywood.Road, in said City. Those present were: Mayor Bob Polston, Councilmembers Phyllis Jessen, Gary Paulsen and Russ Peterson. C~un¢ilmember Pinky Charon was absent and excused. Also present were: City Manager Jon Elam, City Attorney Jim Larson, City Engineer John Cameron, City Clerk Fran Clark, Building Inspector Jan Bertrand and the'following interested citizens: Frieda Olson, Paul Withers, Oswig Pflug, John Morgan, Peter Zubert, Chris Gerold representing Frieda Olson, Bill Magrand and Larry Connolly. The Mayor opened the meeting and welcomed the people in attendance. The Minute~ of the February 28, 1~84, Regular Meeting were presented for consideration. Councilmember Peterson noted a correction on Page 37, Resolution $84-38 should not have read "tO' concur with the Planning Commission recommendation". _ Peterson moved and Jessen seconded a motion to approve the Minutes of the February 28, 198~, Regular Meeting, as corrected. The vote was unanimously in favor. Motion carried. The City Engineer explained that the p~oposed improvement of the now private portion of Denbigh Road would make this road 18 feet wide from the back of the curb to back of the curb. Putting in a cul-de-sac was impossible due to the limited space available. The road would be 22 feet from the nearest garage with an estimated cost of $23,900.00. He then explained the City of Mound's assessment policy to the public. The Mayor opened the public hearing and asked for any comments for or against the proposed improvement of Denbigh Road. FREDA OLSON - 4414 Wilshire Blvd. §tated that she would n~t benefit from' this road because her driveway is on Wilshir~ Blvd. and she never uses Denbigh. Also that the road would be within 22 feet of her house and would depreciate her value. March 13, 1984 PAUL WITHERS - 4416 Denbigh Road, asked' what the engineer had planned for the end of this road. The City Engineer answered that a dead end road is planned because it would be a safety hazard to bring this road onto Witshire Blvd. and being a dead end would proba.bty keep the traffic down. OSWIN PFLUG - 4440 Denbigh Road, stated that he is completely against the improvement of this road as it is proposed because it would only be 16 feet wide an~ would not leave enough room for 2 cars to pass during the winter when there is snow on the sides of the road. Parking would also become a problem if the street were a public street instead of a private road. If it were left a dead end street people would have to turn around in someones driveway which would cause a problem. As it is now all the properties on that stretch of Denbigh have easements to cross property to get to Wilshire Blvd. JOHN MORGAN - 4400 Wilshire Blv~, stated that he is for the Alternate A improvement because as it stands now people are going out to Wilshire on his property. He has checked his deed and has no private easements recorded on it for peoPle to use his property. The City Attorney explained that the subject of those easements is a private matter which does not concern the City. They are private easements. PAUL WITHERS, stated he would like to see the road put in and be able to see what he is paying taxes for, i.e. snow plowing, garbage service, ~etc.. PETER ZUBERT, 8238 Oregon Rd., Bloomington, MN., stated he owns Lots 94, 95 and 96 and is against the road and the a'ssessment because his lots front on Wilshire Blvd. and . do. not benefit from the road. The road may also have a negative impact on the buildability of the lots with streets on both sides of the lots. He is algo against the City taking 15 feet of his property while taking less on the other side of Denbigh. The City Engineer explained that the reason they would be taking more property on Zubert's side of the street is that they are trying to keep the proper setbacks for the garages on the other side of the street. The City Manager stated that Mr. Zubert may not be able to get permission from the County to have a driveway access on Wilshire because of the safety aspect. 45 March 13, 1984 CHRIS GEROLD - attorney representing Freda 01son, stated that it was his understanding that in order for the City to assess someone for an improvement they had to benefit. The City Attorney explained that we are here tonight only to consider if we should have an improvement. FREDA OLSON - stated that the City would be taking more than 15 feet of her property on the curve for the road. The Mayor closed the public hearing. Councilmember Peterson thanked everyone for their comments and the points brought out. He further stated that he felt when equal amounts of land are not being taken from both sides of the road, the people who have to give more should be compensated. Councilmember Paulsen agreed. Councilmember Jessen asked if there would be any on street parking ~fter the new street is installed. The City Engineer answered no. - Councilmember Jessen questioned how many of the people who' originally signed the petition for the improvement were still in favor of the road because there only appeared to be two people · present for the road, three against and the remainder on the petition did not show up or comment either way. Peterson moved and .Paulsen seconded the following resolution: RESOLUTION ~84-31 RESOLUTION TO DENY MAKING IMPROVEMENTS TO A NOW PRIVATE PORTION OF DENBIGH ROAD THAT RUNS EAST TO CARDIFF LANE The vote was 3 in favor with Mayor Polston voting nay. carried. Motion Mayor Polston sta'ted that the City has spent $1,500 of taxpayers mone~ to get this far with this proposed improvement and he feels before anymore of these ~etitions are presented, the citizens should have more of a consensus for a project so this work is not done for nothing at a cost to the general taxpayers. PUBLIC HEARING: ARVIN SENNE, MARK JOHNSON, STEVE TESSMER~ LOT ~, AUDITOR'S SUBD, #170,'5558 AUDITOR'S ROAD, CONDITIONAL USE PERMIT FOR WHOLESALE AND ASSEMBLY OPERATIONS - CASE $84-30B The City Manager explained that this request is for a Conditional Use Permit for the rear portion of the building that houses the House of Moy fronting on Auditor's Road. It.is the space that Watson was going to use for the arcade. The'area is proposed, for sailboard storage and sales center marketing area and an area for COMB$-KNUT$ON A550CIATF$, INC. CONSULTING ENGINEERS !~ LAND SURVEYORS ~. PLANNERS Oanuary 31, 1984 Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Honorable Mayor & Members of the City Council City of Mound 5341Maywood Road Mound, Minnesota 55364 Subject: Mound, Minnesota Denbigh Road Proposed Street Improvements #7064 Dear Mayor & Councilmembers: As requested by the City Council we have completed a feasibility study for upgrading to City standards the section of private road which is the extension of Denbigh Road east of Cardiff Lane. The existing driven road loops back to Wilshire Boulevard and is located on private property with easements to the various parcels in this area for access. The city constructed a watermain in this private road in 1974 but it appears the easements obtained at that time were strickly for utility purposes. The City would have to obtain the right-of-way necessary for any street construction. After a preliminary survey was completed, we do not feel that there is enough land available to construct a cul-de'sac, therefore our cost estimate is for construction of a thru street from Cardiff Lane to Wilshire Boulevard. Be- cause of the tight conditions and to be consistant with the 1978 construction of Denbigh Road to the southwest, we are recommending an 18 foot wide street including concrete curb and gutter. This construction would require a minimum 20 feet right-of-way with temporary construction easements along both sides. Due to the grades and the nearness of the existing garages, storm sewer is also a n~cessity. We are proposing two catch basins with an outfall line run- ning to the lake on the lot line between Lots 89 and 90. The concrete curb and gutter proposed would be the standard design used on previous projects with 3 foot aprons at all driveways. The estimated construction cost for these improvements is $23,200.00 with the overall cost of the project estimated at $29,000.00. These estimates do not include expense which may be incurred in acquiring the right-of-way neces- sary for construction. Enclosed is break-down of our cost estimates. City of Mound January 31, 1984 Page Two There are a number of methods that could be used to access the cost of this project. For discussion purposes we have calculated the proposed assessment for each property using the City's current assessment policy which combines area, footage and unit charges. Attached is a breakdown of this proposed as- sessment and a copy of Mound's assessment policy. We have included this policy mainly because it gives the properties abutting the County Road a deduction which of course is paid by the remaining properties. It is the opinion of the Engineer that the proposed improvement is feasible and can best be accomplished as described herein. Sincerely, McCOMBS-KNUTSON ASSOCIATES, Inc. William H. McCombs, P.E. WHM:j Enclosure Preliminary Cost Estimate Denbigh Road Item Quantity Unit Price Total Common excavation 3-1/2" bituminous base Mn/DOT 2331 Bituminous tack coat 1-1/2" bituminous wear, Mn/DOT 2341 Driveway aprons Concrete curb and gutter Tree removal 12" RCP storm sewer Catch basins Manhole Concrete apron Rip rap Black dirt and sod Relocate curb stop Adjust gate valve Contingencies Total Estimated Construction Cost ~00 C.Y. $ 5.00/CY $ 1,500.00 120 TON 28.00/TN 3,)60.00 30 GAL 1.~O/GA 4~.00 50 TON ~O. O0/TN 1,~00.00 510 S.F. 3.00/SF 1,530.00 720 L.F. 6.50/LF 4,680.00 5 EACH 200.O0/EA i,O00.O0 200 L.F. iS.00/LF 3,000.00 2 EACH 800.O0/EA 1,600.00 I EACH 900. O0/EA 900.00 1 EACH 300.O0/EA 300.00 2 C.Y. 50.O0/CY lO0. O0 500 S.Y. 2.00/ST 1,000.00 2 EACH 200.O0/EA 400.00 1 EACH 150.O0/EA 150.00 $23,200.00 Engineering, legal, fiscal and administrative costs 5 ~ 800. O0 TOTAL ESTIMATED COST ........................................ $29,000.00 0000 O0 I ~ ~ ~ 000000 I 000000000 0~0 ooo8~8oooo 000 0000 I I I II II II (D (D > o 0 0 > 0 .,~ / ~ob February 14, 1984 COMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS ~ LAND SURVEYORS r,: PLANNERS Reply To: 12800 Inoustrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Honorable Mayor and Members of the City Council City of Hound 5341 Haywood Road Mound, MN 55364 Subject: Mound, Minnesota Denbigh Road Proposed Street Improvements #7064 Dear Mayor and Council Members: For your consideration, we are submitting an alternate plan for the pro- posed improvements to Denbigh Road. This alternate would be similar to the original proposed construction except the street would be a dead-end instead of looping back to Wilshire Boulevard. Due to the limited space available, a full cul-de-sac is virtually impossible. In order to turn around, vehicles'would have to back into the pri- vate 0riveways. This plan would eliminate the traffic hazard which would exist at Wilshire Boulevard if Denbigh Road were extended through. We do not like to see another dead-end street without a cul-de-sac, but his may be a better al- ternative than the traffic problems at Wilshire Boulevard. Attached is a cost estimate and the proposed assessments for Alternate A. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. JC:sj Enclosure Mound, Minnesota P~eliminary Cost Estimate Denbigh Road - Alternate A #7064 Item Quantity Unit Price Total Common excavation 220 C.Y. 3-1/2" bituminous base Mn/DOT 2331 90 TON Bituminous tack coat 20 GAL 1-1/2" bituminous wear, Mn/DOT 2341 37 TON Driveway aprons 510 S.F. Concrete curb and gutter 530 L.F. Tree removal 2 EACH 12" RCP storm sewer 200 L.F. Catch basins 2 EACH Manhole i EACH Concrete apron i EACH Rip rap 2 C.Y. Black dirt and sod 400 S.Y. Relocate curb stop 2 EACH Adjust gate valve 1 EACH Contingencies Total Estimated Construction Cost 5.00/CY $ 1,100.O0 28.00/TN 2,520.00 1.50/GA 30.00 30. O0/TN 1,110.O0 3.00/SF 1,530.00 6.50/LF 3,445.00 200.O0/EA 400.00 15.00/LF 3,000.00 800.O0/EA 1,600.00 900.O0/EA 900. 300.O0/EA 300. 50.O0/CY 100. 2.00/SY 800. 200. O0/EA 400. 150.O0/EA 150. 1,735. $19,120. O0 O0 O0 O0 O0 O0 O0 O0 Engineering, legal, fiscal and administrative costs 4~780.00 TOTAL ESTIMATED COST - Alternate A .......................... $23,900.00 15o (D '0 (D 0 0 ~.~1, 0 · O..J U_ 000000 I ~ 000000 I ~ 000000 I ~ 0 ~ 00000000000 II II I1 I I ! II Il II × × × · ~ (DO ~- ~ 0 0 .,-{ 0 0 0 IS,Cc ,/ In 1976, the City adopted a street improvement assessment policy under Res- olution No. 76-77. The assessment criteria is as follows: 30 percent of the total cost to be assessed based on front footage. Corner lots shall be calculated to include all front footage (front and sides). All lots shall be deemed to have at least a minimum of 40 front feet. 30 percent of the total cost to be assessed shall be based on the square footage of the property to be assessed. 40 percent of the total cost to be assessed shall be based on a unit basis. Since 1976, the City Council has added the following refinements to this policy. Triangle Lots - lots that form a triangle on two streets are to be as- sessed for footage on the long side only. Multiple units other than duplexes are assessed on the basis of 3/4 unit per each residential unit in the building (EXample: a 50 unit apartment is assessed for 37.5 units plus footage plus area). Lots that front on a County Road and a street improvement will be as- sessed on the same basis as other lots except that the units and square footage will be reduced by 50 percent. Area of land formerly commons and now under private ownership, to be assessed as part of the private property. Large parcels (a number of combined lots) to be assessed one unit, plus area and footage. Two separate parcels under the same ownership will be assessed two units, plus area and footage if they both have enough area to qualify as buildable sites under the present zoning. Single lots under separate ownership from adjacent property that do not meet. the area requirements for a buildable site will be assessed only area and footage. Properties abutting alleys that are bituminous surface only, with no curb and gutter, to be assessed the same as any other property except the front footage will be reduced by 50% with a minimum of 40 lineal feet. Properties which have the garage located across the street from the house will be assessed on the same basis as other lots except the par- cel in which the garage is located will not receive a unit charge. I OY 10. 11. 12. 13. 14. 15. 16. 17. 18. Lots that front on a street to be improved and which previously paid a full assessment on another street improvement project will be assessed for the footage only with no minimum. Parcels which do not abut a street improvement project but received benefits from the construction will be assessed for the project. Lots that are adjacent to a 12' wide bituminous street installed for City purposes which front on another street in the project will not be assessed for footage on the side street. Triangular lots that are combined with a rectangular lot are to be as- sessed for footage on the long side of the triangular lot plus the footage of the remaining lot or lots. Duplexes are to be assessed on tbs basis of two units plus area and footage, with a minimum on the footage of 80 feet. Lots that have streets on three sides are to be assessed for footage on the long side and the average length of the other two sides. The cost of driveway entrances over 12 feet wide are assessed directly to the property owner. Commercial or industrial property get 1-1/2 units. Credit is'given for past storm sewer assessments except that when credits exceed the assessment no assessment will be levied and no sessment paid. There is a maximum of 250 feet and 25,000 square feet per residential parcel. lg. Storm sewers are assessed as part of the street improvements and these assessments are included in the unit, square footage and frontage charges. RESOLUTION ~PPROVINO A PROPOSAL BY HENNEPIN COUNTY TO INSTALL A STOPLIGHT AT THE INTERSECTION OF COMMERCE BLVD. AND LYNWOOD BLVD.v MOVING CROSSWALK FROM MID-BLOCK OF COMMERCE BLVD. (BEN FRANKLIN) TO SOUTH SIDE OF INTERSECTION AT COMMERCE BLVD. AND LYNW00D BLVD. AND ALLOWING ACCESSES TO PARKING LOT ON EAST SIDE OF COMMERCE BLVD. (TONKA WEST CENTER) TO REMAIN OPEN WITH "ENTER ONLY" RESTRICTIONS WITH WORK TO BEGIN AS SOON AS POSSIBLE WHEREAS, the City of Mound has contacted Hennepin County regarding the unsafe conditions of the mid-block crosswalk on Commerce Boulevard (Ben Franklin); and WHEREAS, Hennepin County has studied this problem and has agreed to the unsafe conditions; and WHEREAS, Hennepin County has recommended that the crosswalk be moved to the south side of the Commerce Boulevard and'Lynwood Boulevard Intersection; and WHEREAS, Hennepin County has also recommended that a .stoplight be placed at the intersection of Commerce Blvd. and Lynwood Blvd.; and WHEREAS, Hennepin County has also agreed to leave the accesses open to the Tonka West Shopping Center with "Enter Only" restrictions; and WHEREAS, financing for this project will come from the City and County on a 50%/50% basis; and WHEREAS, implementation of this project will {~ take place ~~ ~ ' e). NOW, THEREFORE, BE IT RESOLVED that the City Council of the city of Mound approves the above proposal as presented by Hennepin County. Mayor Attest: city Clerk 131o iNNEPIN L BUREAU OF PUBLIC SERVICE A-2309 Government Center Minneapolis, Minnesota 55487-0239 Phone [612] 348-6509 ¢ April 11, 1989 Joyce Nelson Recycling Coordinator City of Mound 5341 Maywood Road Mound, MN 55364 Dear Joyce: Enclosed are two copies of the Amendment to the 1988 Solid Waste Agreement. Please have both copies signed and attested, and return both copies to me. will send you a copy when all the signatures are completed. If you have any questions please call me at 348-6509. Sincerely, Lois M. Hudlow Recycling Program I%11 HENNEP!N COUNTY an ecuc! oD!oortunity employer AMENDMENT TO A~REEMENT NO. 80~51 THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as the "County", through its Bureau of Public Works. A-2aO0 Government Center, Minneapolis, Minnesota 55487, and the CITY OF MOUND, hereinafter referred to as the "City" WITNESSETH · WHEREAS, the County and the City have an Agreement for the provision of recycling services; and WHEREAS, the County and the City mutually desire to provide additional reimbursement, in accordance with the Hennepin County Funding Assistance Policy for Source-Separated Recyclables and Yard Waste; and an Amendment is necessary to effect this change. NOW, THEREFORE, in consideration of the mutual undertakings and agreements hereinafter set forth, the parties agree that Agreement No. 80351 be amended to read as follows: Part 3.a., COMPENSATION, is amended to read as follows: In consideration of the services as described above and contained in Attachment A, the County agrees to pay the City a sum not to exceed $21,225.39 for collection services, operating supplies, equipment costs, labor, advertising and administration. All other terms and conditions of Agreement No. 80351 remain unchanged. The City, having signed this contract, and the Hen~epin County Board of Commissioners having duly approved this contract on, i9 , and pursuant to such approval and the proper County officials having signed~his contract, the parties hereto agree to be bound by the provisions herein set forth. Approved as to legality, form, and execution. COUNTY OF HENNEPIN, STATE OF MINNESOTA Assistant County Attorney Date' By: And · Chairman of Its County Board Associate/Deputy County Administrator ATTEST: Clerk of the County Board CITY OF By: Its Mayor ATTEST: Title' AMENDMENT TO AGREEMENT NO. 80351 THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, STATE O! MINNESOTA, hereinafter referred to as the "County", through its Bureau of Public Works, A-2400 Government Center, Minneapolis, Minnesota 55487, and the CITY OF MOUND, hereinafter referred to as the "City" WITNESSETH : WHEREAS, the County and the City have an Agreement for the p'oviston of recycling services; and WHEREAS, the County and the City mutually desire to provi reimbursement, in with the Hennepin County Source-Separated Rec~ ,les and Yard Waste; and an Am this change, tional Assistance Policy for is necessary to effect NOW, THEREFORE, in cons hereinafter set forth, as follows: 'ation of the mutual undert~ es agree that Agreem, ngs and agreements No. 80351 be amended to read Part 3.a., COMPENSAT is amended to re as follows: In consideration of services as d~ Attachment A, the Count agrees to p $21,225.39 for collect services costs, labor, advertising nd bed above and contained in the City a sum not to exceed g supplies, equipment on, All other.terms and conditions of A No. 80351 remain unchanged. The City, having signed thi~ t Commissioners having duly approved tP pursuant to such approval and the p~ contract, the parties hereto agree the Hennepin County Board of :ontract on , 19 , and :ounty officials having signed-~his ~und by the provisions herein set forth. Approved as to legality, form, and execution. COUNTY OF HENNEPIN, STATE OF MINNESOTA Assistant 'County Attorne' Date: By: And: Cha 'man of Its County Board Associ ~e/Deputy County Administrator ATTEST: Clerk the County Board CITY OF By: Its Mayor ATTEST: Title: A. THOMAS WURST, P.A. CURTIS A. PEARSOn, P.A. ~JAMES D. LARSON, P.A. THOMAS I~. UNDERWOOD. P,A. CRAIG ~. HERTZ ROGER ~. FELLOWS LAW OFFICES WURST, PEARSON, /ARSON, UNDERWOOD & MERTZ A [~ARTNE:~SHI~ iNCLUDING ~ROFE5510NAL ASSOCIATIONS NINNEAPOLIS, NINNESOTA 5540~ April 18, 1989 (512) 338-4200 F'AX N U M ~,E:R (6l:~) 338-;~6:~5 Ms. Jan Bertrand Building Inspector City of Mound 5341 Maywood Road Mound, MN 55364 Re: Section 311 of the City Code Dear Jan: Pursuant to your request, we have amended Sections 311.00 and 311.05 of the City Code relating to mechanical contractors. It is my understanding that you and the City Council want to take out any requirements for licensing. If I understand correctly, what will now happen is that people who wish to do this work will merely register with the City, pay a fee, and there is a provision for a bond and insurance. I have gone through the ordinance and your proposed amendments and have tried to remove all references to licensing. I am not sure how this ordinance is going to be enforced since we have apparently removed any standards for people doing the work. We couldn't license without a standard, and since those standards have been removed, we really don't have anything which has very effective control over the people doing the work. You advise me that that is the desire of the Council, and we have made the changes you requested. ,~ery"truly yours,," · /' .::' / ? ,," ~C'~rEis'A.~earson City Attorney CAP:ih Enclosure Ordinance No. AN ORDINANCE AMENDING SECTIONS 311:00 AND 311:05 OF THE CITY CODE RELATING TO MECHANICAL AND GAS PIPING PERMITS AND REGISTRATION OF CONTRACTORS The City of Mound Does Ordain: Section 311:00 is amended to read as follows: Section 911 - ~echanical and Gas Piping permits and Registration of Contractors; Inspections Section 311:00. Permit Reauired, Fees. It is unlawful for any person to perform any work on mechanical systems, including gas piping, of a building regulated by this Code without first having obtained a permit and paid the fees required in Chapter 5. A__: _ :-- by D~.~t~ raqu~d this --- ....... by .................. ~ .... = ................................ z~ The provisions of ~his ~ode ~hall apply t__o the erection, installatiOn, alteration, repairs, relocation, replacement, addition to, Use or maintenance of any heatina. yentilating, COOling, refrigeration systems, incinerators or other .miscell{neous heat-producing appliances within this jurisdiction. Section 311:05. Mechanical Contractor's ~iccnzc, Registration, Fee~ and Bond. Each person, firm, or corporation doing mechanical or gas piping installation, repair, or connection for hire within this City, shall have a ~''^~^~ ~^-~'"~ .... f ........ th~- I in~ authority City for the reg:-~t~t~u..--~-- ~-- .~thth=- City,s-=~..-"-~ I~=..~,: .... ~ shall.., reqisterwith the City and shall pay the following registration fee and shall file with the City Clerk the followihg bond, insurance, and other requirements: Subd. 1. Registration Fee. The annual fee for such registration shall be as set by the Council in Section 520:00 and each registration shall'terminate on January 1, next after issuance. Registration shall not be transferable. Where the term of the registration is less than a year, the fee shall be prorated with a minimum as set by the Council in Section 520:00. Subd. 2. Bond. The applicant for registration shall file a bond in the amount of $2,000 in favor of the City of Mound and of the public in the form prescribed by the City conditioned upon the faithful performance of his work under such ~ ........ registration and conditioned upon his compliance with these ordinances, and further conditioned that the City will be saved harmless from any loss, damage, cost, or expense by reason oi improper or inadequate performance for noncompliance with terms of this Section 311 by the registrant or his or her agents or employees. Subd. 3. Certificate Qf Insurance. The applicant for registration shall also file a certificate of insurance or copies of public liability and property damage insurance policies containing a provision that they shall not be cancelled without 10 days written notice to the City Clerk, showing coverage of not less than $200,000 for injuries, including accidental death to any one person and subject to the same limits for each person in the amount of not less than $600,000 on account of any one accident, .and property damage insurance in the amount of not less than $50,000. Subd. 4. Reqistration cf License Required. No person shall do any mechanical, heating, ventilation, or gas piping work for hire within the City without having first ne-ur~ ~ .... :-~-~^- -~ ~.~ license reqistered and having posted a bond and a certificate of insurance as required herein. Subd. 5. Status of Employees of License ~older. No such registrant shall permit any person other than its bona fide employees to perform such work under such ~: ....... : registration. Subd. 6. Expiration of Reqistration. Each such registrationas provided hereunder shall expire annually on December 31st. Attest: Mayor City Clerk Adopted by City Council Published in' Official Newspaper For April 25, 1989 Council Meeting April 20, 1989 LICENSE RENEWALS -- Expirimg 4-30-89. New License Period 5-1'89 to 4-30-90. Approval contingent upon all required forms, insurance etc. being turned in. Bowling 8 Lanes - Mound Lanes & Pizza Games of Skill 2--Al & Alma's 5--Mack's Jock Club Juke Box 1--American Legion #398 1--VFW #5113 Pool Table 4--Mack's Jock Club 2--VFW #5113 Restaurant A1 & Alma's American Legion #398 Domino's Pizza #1974 D'Vinci's Mound Happy Garden Hardee's House of Moy Mack's Jock Club Mound Lanes & Pizza Taco Deli VFW #5113 NEW LICENSE APPLICATION -- License Period 5-1-89 to 4-30-90. Approval Contingent upon all required forms, insurance etc. being turned in. Restaurant Subway Sandwiches & Salads 5307 Shoreline Blvd. Mound, Minn. Cont'd April 20, 1989 GAMBLING LICENSES New Application - Class B (Raffles, Paddlewheels, Tipboards, Pull-tabs) One Day Off-Site Lawful Gambling Application A licensed organization may, upon approval of this application, conduct gambling on a premises other than a licensed site one day per calendar year for not more than 12 hours. Northwest Tonka Lions AT: Harold J. Pond Sports Center June 9, 1989 New Application - Class C (Bingo only) Chamberlain Goudy VFW Post #5113 2544 Commerce Blvd. Mound, Minn. 55364 OTHER GA~LING LICENSES IN MOUND ARE: Class A - American Legion #398 Our Lady of the Lake Church Class B - Northwest Tonka Lions AT: Mack's Jock Club Chamberlain Goudy VFW Post #5113 THESE 'APPLICATIONS WILL BE REVIEWED BY THE CHARITABLE GAMBLING CONTROL BOARD AND IF APPROVED BY THE BOARD WILL BECOME EFFECTIVE 60 DAYS FROM THE DATE OF RECEIPT (Lions 3'23-89 & VFW 4-18-89), UNLESS A RESOLUTION OF THE LOCAL GOVERN- ING BODY IS PASSED WHICH SPECIFICALLY DISALLOWS SUCH ACTIVITY AND A COPY OF THAT RESOLUTION IS RECEIVED BY THE CHARITABLE GAMBLING CONTROL BOARD WITHIN 60 DAYS OF THE ABOVE DATE. ~IT~tlTtUCt, ,V~b t,,Ut,,,' ,, 7th ' , '~-:' et' April the City,of Mound, a Minnesota Municipal Corporation ' Henne i fl ~d ~ ~, ~ ~ g~ O~ o~ ................ P. ............... . G~ 8~ of Lot 22, B]ock~5, Drea~od - PID ~1~-117-24 12 O0 ~, City of Mound, Hennepin Count Mt nnesota~ ~' /~ .'. .' . Y. ' 4~ t~ ~ Z~mee._ Gdr~...s_ /~m t/~ mM One Dollar It is specifically under; shall only have a right only use that they may understood and agreed property and that main purpose for thi land. and other ood and val able consideration '' and agreed by and between the parties that the lessee e a portion of the aforedescribed lands and that the Is property to It to plant a garden. It is further lessor retains ali rights to use and maintain the I shall not in any way interfere with the lessorWs ~e lessee further agrees that In addition to the aforementioned ion, hey wlll maintain the site, mowing the grass, cutting the weeds and keep~$ng the prop, Fry clear of litter during the term of thls lease, The only purpose/for which the essee may use this ground is to plant a vegetable garden and there/shall be no st 'age, parking or other use of this property by the lessee. / / / // their ?,~.M.d.~. OF MOUND Herman Schrupp L~ae~......, or~ paylag hold and enjoy ~/a,~K~'U~..,_._..:.D. LJ~j_EY of Mound, a municipal corDorati9~ Lots 10, 11 and 12, Block 4, L.P.Crevierls Subdlvison Part of Lot 36 Lafayette Park, City of Hound, Heneepin County, Hinnesota ~ t~ ,g~ of....9.9~....~2.[.[~£....~].~2g~..~2~.2J~£..~.9.9j:.~?_.d..y2_!.~b_!? consideration DOIJ.~J~ It is specifically understood and agreed by and between the parties that the lessee shall only have a right to use a portion of the aforedescribed lands and that the only use t~at he may put this property to is to plant a garden. It is further understood and agreed that the lessor retains all rights to use and maintain the property'for a municipal well site and that the gardening shall not in any ~ay interfere with the lessor"s main purpose for this land. The lessee further agrees that in addition to the aforementioned consideration, he will maintain the site, mowing the grass, cutting the weeds and keeping the well site clear of lltter during the term of this lease. The only purpose for which the lessee may use this ground is to plat a vegetable garden and there shall be no storage, parking or other use of this property by the lessee. ................................................................................................. fro- ~ ~~ CITY OF HOUND ~l~' ~ ~ ~"~ t~ ~ *f ~ -~; .................................................. ~. ....................( City Manager ..(~z4z) -~:' (SgdL) Ray Kramer BILLS APRIL 25, 1989 BATCH 9041 BATCH 9042 113,138.73 49,221.43 Total Bills 162,360.16 McCombs Frank Roos Associates, Inc. Twin Cities St. Cloud 15050 23rd Ave. N. Plymouth, MN 55447 Appil 25, 1989 Telephone 612/476-6010 Facsimile 612/476-8532 Engineers Planners Surveyors Honorable Mayor and Members of the City Council City of Mound 5341Maywood Road Mound, Minnesota 55364 SUBJECT: Storm Sewer Repair Emerald Drive MFRA #8903 Dear Mayor and Council Members: Attached for your review is a proposal from Widmer, Inc., for replacement of an old storm sewer located in Emerald Drive, just northeast of its intersection with Wilshire Boulevard (County Road 125). A problem has existed here for a number of years, which Public Works has repaired to their full capability until the emergency we are now faced with. The storm sewer system in question drains a very large area, including the ballfields below Shirley Hills School, Wilshire Boulevard and northeast as far a Fairview Lane and Chateau Lane. The frost action in the unstable soils below the section of pipe in question causes it to heave and break the bituminous surface of the street. Other years it has settled back down after the frost goes out and the Street Department was able to patch the damage. This year, it evidently broke out a section of the pipe and the subgrade of the street keeps washing into the opening. Besides this damage, the concrete headwall at the outlet has deteriorated and needs to be replaced, as well as the first manhole upstream from the outlet. The proposal from Widmer includes replacing approximately 98 feet of 24'~ R.C.P., a new manhole and outlet structure. A stable bedding will be provided under the pipe to try and eliminate the heaving action. We are also going to meet with Hennepin County to see what portion, if any, they would pay of the project, since part of the drainage area is county right-of-way. We are recommending Council approval of the proposal, in the amount of $9,714.50. us. If you have any questions or need additional informationf please contact Very truly yours, JC:jmj Enclosures McCOMBS FRANK R00S ASSOCIATES, INC. John Cameron An Equal Opportunity Employer Page No. of Pages WIDMER INC. P.O. Box 219 ST. BONIFACIUS, MINNESOTA 55375 Phone 44G-1495 PROPOSAL SUBMITFED TO City of Mound STREET 5341 Maywood Road CITY. STATE AND ZIP CODE Mound, M/~ 55364 ARCHITECT DATE OF PLANS PHONE I DATE 472-1251 4-24-89 JOB NAME Avon Storm Repair JOB LOCATION Avon & Wilshire JOB PHONE We hereby'submit specifications and estimates for: RePlace 48' of 24" R.C.p. with newR.C.P. Back fill with city material and compact. Rebuild manhole in street and build new structure at end of pipe with rip rap & concrete. Price: $ 6,56,8.00 Replace 50' of 24" R.C.P. with new R.C.P. Back fill with city material & compact. If have to replace extra pipe, add $63.00 per foot. price: $ 3,146.50 TOTAL: $ 9,714.50' We reserve the right to file a Mechanics Lien if bill is not paid within the length of time prescribed by law. You agree to pay all cost incurred pertaining to lien. We will not be responsible for any underground utilities that cannot be located by the utility companies or the homeowner. Norma! clean.up is Included in this proposal. There is no sod figured in this proposal. We will not assume the responsibility for water pipes, trees, tree roots, sprinkler systems, etc. unless notified to exact location prior to excavating. Frost ripping extra charge. It Is expressly stipulated and agreed that the undersigned shall not be held liable for damages to grass, trees, shrubs and any underground obstructions, Including pipes, electrical wiring and etc. In bidding job we figure soil to dry. If wet, there will be extra charges based on time and material. He ~ropo~e hereby to furnish material and labor -- complete in accordance with above specifications, for the sum of: Nine Thousand Seven Hundred Fourteen and 50/100 dollars($ 9,714.50 ). Payment to be made as follows: To be paid in full upon 30 days of completion . A finance charge of 1.5% per month (18% annual rate) will be charged on past due accounts. AIl material is guaranteed to be as specified. All work to be completed in a workmanlike d~/~/ //< manner according to standard practices. Any alteration or deviation from above specifica- Authorize tions involving extra costs will be executed only upon written orders, and will become an Signature/~ extra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control. Owner to carry fire, tornado and other necessary insurance. Note: This proposal may be Our workers are fully covered by Workmen's Compensation Insurance. withdrawn by us if not accepted within days. A epta. e of Iroposal --The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above, Date of Acceptance: Signature Signature McCombs Frank Roos Associates, Inc. Twin Cities St. Cloud 15050 23rd Ave. N. Plymouth, MN 55447 April 25, 1989 Telephone 612/476-6010 Facsimile 612/476-8532 Engineers Planners Surveyors Honorable Mayor and Members of the City Council City of Mound 5541Maywood Road Mound, MN 55364 SUBJECT: County Road 15 Dear Mayor and Council Members: A maintenance problem has come to light after going through our first winter with new County Road 15. There is an area approximately 40" wide between the back of the curb and the inside edge of the sidewalk that is proposed to be sodded. 0rono and Spring Park has already requested the County to fill this in with 4" thick concrete at an additional cost to the two cities. Mound also has this area on both sides of the road, extending from just east of Wilshire Boulevard to approximately Northern Road. We have discussed with Hennepin County about filling this with concrete the same as 0rono and Spring Park, but the per square foot cost to Mound will be higher for two reasons: First of all, they already have the black dirt in this area, ready for the sod, which will have to be removed and then the area would need to be leveled prior to pouring the concrete. Secondly, the addition of this work would put them over the 25% allowable as additional work to the original contract; therefore, they had to renegotiate the price. The County has quoted us a price of $2.20/S.F. less $0.34, their share of the cost for a net cost to the City of $1.86/square foot. We have estimated that there is approximately $12,700 S.F. to pour for a total cost of $23,622. We have obtained a second quote of $25,000.00 from an independent contractor. Public Works and myself are in agreement on recommending that this area be paved to eliminate future maintenance problems, not only from snow removal, but also dead sod. According to your Financial Director, John Norman, the County Road 15 fund has enough money in it to cover this additional cost. If you have any questions or need additional information, please contact us. Very truly yours, McCOMBS FRANK R00S ASSOCIATES, INC. John Cameron JC:aju An Equal Opportunity Employer BE IT RESOLVED, by the City Council of the city of , Minnesota, as follows: Section 1. Backqround. I .01 . I .02. The Cities of a~d find it desirable and in the public interest to submit an application for a Community Energy Council grant. It is necessary to establish a Community Energy Council to help plan and monitor the delivery of the programs administered under the Community Energy Council Grant. Section 2. Community Enerqy Council Established. 2.01 . 2.02. :There is hereby established a Joint Community Energy COuncil, to consist of citizens appointed by the Mayors and City Councils of the two cities. In accordance with State requirements , the Community Energy Council shall include citizen representatives of labor, small business, volunteer organizations, senior citizens, and low and moderate income residents. 2.03. In so far as possible, each of the two cities shall have an equal representation on ~he Community Energy Council. MODEL I{E SOLU~f I ON CITY OF RESOLUTION NO. RESOLUTION AUTHORIZING TO ACT AS LEAD COMMUNITY IN INITIATING A JOINT AGREEMENT WITH AND ~ F0R THE SUBURBAN ENERGY CONSERVATION PROGRAM TO BE FUNDED BY MINNEGASCO, NORTHERN STATES POWER AND THE STATE OF MINNESOTA'S DEPARTMENT OF PUBLIC SERVICE, ENERGY DIVISION WHEREAS, The City of is willing to act as a sponsoring unit of government and lead community for the communities of and in the project titled the Conservation Improvement Program; and WHEREAS, . The City is required by the program to apply to the Minnesota Department of Public Service, Energy Division for funding of this project on behalf of the communities of and and provide "in kind" contributions to consist of City staff time, conference room use, xeroxing, and City letterhead stationery. NOW, e e THEREFORE, be it resolved by the City Council of the City of as follows: The City of authorizes the Mayor and City Manager of Hopkins to apply to the Minnesota Department of Public Service, Energy Division for funding of this project on behalf of the communities of and The City of is authorized on behalf of ~ to enter into a grant agreement with the State of Minnesota for the project named above. The Mayor and City Manager are hereby authorized to execute certifications as required and execute such agreements as are necessary to implement the project on behalf of the communities of and ; The City of authorizes the City Manager to provide $300.00 "in kind" contributions to consist of City Staff Time, conference room use, xeroxing, City letterhead stationery, and City sponsored publicity. TO: Mound City Council & Staff FROM: TonkaWest Center Tenants We, the undersigned, are Tenants In the TonkaWest Center on Commerce Boulevard In Mound. We have been following the pedestrian crosswalk/fence Issue very closely. We appreciate what the Councll and the County have worked out so far, but do have concerns with the effects of the latest proposal. We fe~l that by directing all of the traffic, upwards of 300 additional vehicles on a normal day, past the entrance doors of our businesses a "highway0, Is created and the danger of a pedestrian betng hit in the parking lot Is increased many fold. When you are talking about small children coming out between parked cars, It is more difficult to see them than when they are on a sidewalk! We also feel that the con~estlon outside our doors will be a deterrent to people using our bulsnesses. Thirdly, the backup of cars trying to get on Lynwood Boulevard at a busy hour will prevent easy access to our bulsnesses. A future concern Is the potential for increased maintenance costs picked up by the current Tenants coupled with the potential decreased business (as outlined above) will adveresly effect our ability to keep a vlable business In Downtown Mound. Slncerely, 1.1 APPLICATION FOR COMMUNITY ENERGY COUNCIL GRANT FY 89 - Cycle Name and Address of Applicant Unit(s) of Government: 5341 Maywood Road 4949 Warren, Box452 600 Rice St. Mound, Mn. 55946 Spring Park, Mn. 55984 Wayzata, Mn. 55424 1.2 1.9 1.4 Population of Applicant Jurisdiction(s): Mound 9,280 Wayzata 3,668 (1987 Metorpolitan Council Estimates) Lead Applicant £or Grant Administration: (For Joint Applications Only) To be determined Contact Person: Name: Title: Street: City: State/ZiP Phone To be determined Bruce Assistant Director ServicesPlanning Board 4100 Vernon Avenue St. Louis Park Minnesota 55416 (612) 920-5599 ~~ COUNCIL G~ANT City of Mound City o~= S~rin~ Par~< Cindy o~= Wayza~a 5S41 iVlaywoo~ Roa,~ 4S49 ~arren, Bo~45~ 600 Rice Sr. Moun~, t'qn. 5534~ Spring Par~<, ~qn. 55384 Wayzata, P~r~. 55~24 1.4 Population of A~olican'~ 3:_~ri~sdic_~ion ~,D u ~Q ........ Star' in~ Park Wayzata (19~S ~qetor~oiztan Court, ii Lead Aoolicant for Grant A,~n~inistra~ ~.,:.~n: <F-or JoirvC Aopli(zation.:s Only) To ~e deterrni~e:~ Title: Street: City: State/ZiP Phone Ass ist a~'~ b Director West Henne0i~.i ServicesPl annin~ Be, a r~i: 4100 Vernon St. uouis Park Minnesota 554z6 (6i2) 920-55S3 1.5 i'dOUND/SPRiNG PARE/'WAYZA'FA CO~I,~qUNiTY ENERGY C~Uh,ICIL ' , · -'~ .... ,: ...... , LABOR AND See Attachments 1.5 B, 1. 5 C, .m~o 1.5 D: (COPY i.6 Project Tit:.,'e: 1.7 Pro,]ect Abstract (A short summary- ,:)f pre, jeer :: n'~or'mat ion Sect ions 2. 1--2. 4) audi<: training fi,Dr the instailat ion o'F 'This visit '~iiI last aoproximately 2.5 hour's a~, a bas:i.(:z cost vi'~it mius ~15 ~,::)r a biow~r ,d,~,::)r test. T~ m.~.ter'iai-~ suooli,ed ,~il~. valu~ of aoproximate!y ~-;S:O. O0 wh,z,!e-~.~il~. :b is e:<..:~ec'te,d ~;;~a'(: aoDr,z,x imat~i y '-'~(' . ~.~3 tnomes will. Oe s~r'ved dur'.Ln~ the '{;~-~,D 'yea~'s ,-~f %n,:e Df.ant. The] ~,,::,n]e ~:ner~_y Chec!<--uo Pr,DDram will also act as ~. ~c:re,:eznin~ and meczina~ism for the House Dock;or Pr'oGran]. ?his pr'o~ram will [:)~ barDetec: iow ~d nl,DO~ra~:e tnome,~wn~r.s w:n,Dse h,::,me.~ have ;"~ i gh :Leve is ol= .alt' pr',Dcram wi i I O,o 'bin i'~ O¥ ioetnU i fyi ~qC leaq - · ~.,~ fi" i rst Year Second Year To~al YET TO DETERMINED b. Local Match Source Firs~ Year $ 1. 100 $ 600 Yea, Tot a i WHHS* ¢.L!_Z ~_S.*_ ................ NSP L ~_~g_~8.S_~u_ ................. CDBG/MHFA (indicate with .* if in-kind Local rqatc~ Total TOTAL PROPOSED FUNDING i.9 $ t 6d)00 $__ ~ d:2~..-]9. .... $___.t ~_ 100 m 2,200 600 $ _ _ i ._ ¢_._' <_'2, ~.?. _ .. 0,o00 $ 1~. 000 To the best of my knowledge and belief', data ir, this aoolication are true ano o-m--rec~, and suon~ission ,:,ff this aDolication has bee~. ~uly authorized by ti~e ~overnin~ bo~y- or bodies of ti~e a~l i~at ion (s). Signature of authorized ]'yped name and title Date (At'bach a ~omy of the resolution or resolutions autlnorizing submission this ammiicatton and execution of a grant agreement iff tine amoiication sucoess fu t. (See At~ach~ent 1.8 A, 1.8 B, 1.8 C> ;o. ¢) to aflflress. ) Currently the ef~,.-~r-t being underta~.en to p'~'~on~oSe ener.qy con~er~vat ion in the suburbs of west a~d northwest ~enn~oin Count,/ is on a city by' city basis. While crc, grams are offered i~ some ,~= the cities little may be available in a neighborir~Q city. !m adcition the oooortunities that are avai~ ~ ~ · , - ~ao~e are not ~onlnlU'ni~y ba~eo a~ ~us likely to be used by the c,>mmur, ity. Amother ~r,z, olen~ Facin~ tow ~o,.csenolds is the continue~ cutbacks in the energy' assistance pro~ram~ the lack: o~ oo,mrdination between the various agencies estabii.mhed serve these groups, the ~istory of er, ergy c~ises n~ar, y ,3f t~ese housenolcs face and the Feeling that the?- have no co~-~trol over their- the low level of c,ommunity awarenes.{s concerning energy conservat ion, inst'al t lng 1,D~ COSt ene~'-~y' c,Dmser'.za'~ ion n~a'beri.als ir, their, ~'~,::~r,~es~; conservat ion Ora~t f. cez3 into tP~eir dai l'y' i Pro..]ect o0jective.!s, in,eluding cuantitativ=_ J. ndi,catc, r?s~ such I. ~'2n_~e__.~n_~2~t¥'_Check-2!.i<2 Proc~ram O0 iect :i. yes: i. To Or,Dvi~e a ~uick:~ practical a,..~di'~ to, r'esJ, cJer, t.es ,D~' t;ne weat~eri zat i,Dm tec~nio,_tes and meeds. S. Where aoororiate to install weatmerization n~ateria!s for those tree handicaoped or senior cit izems who wouic not De able tc, work t men, se 1 yes. 4. To provi0e informat ion about sensible n~ajor conservation ir, v'estme~-~s 7. T,D Dr,price a total ,DF ~50 Hon'{e Er~ergy Check.--u~s to ~{'3e c,z, mn~ur~i'by 9/88-9/89 9/89-9/90 ~qo,..t nd 65 60 Spring Park 20 25 Wa y z a t a 40 4C, ii. AIR Oblgctives: Spring Park('7?), and Wayzata (15) witt] Project AIR. .ri Xs In,coed that this nlay be increased thr,Dugm neqotia~ions with Minnegssoo. nationally recognized sa~e ventilation.~evels.- Another oOjective wzil be the education comuonent. The technician toes t~e conservation imoroven~ents wil! -~how wiiiir, g homeowners III.Conm~ercial A]udits: grant 2. S Work Plan (Descrio~ each major plamning, pron~otion, and implemen~ati,c,~ ta'mk. State the expected beginning and identify the stai="F positions~ c,:)nsultan'b~ ,.::,r v-oI,_~nte~r's a'~s~:i.g~eC t,~ a '~epareate -~tne~t~ provide a project sc:aed,.tle and their beginnin~ and ending cares. ) i~o ,..t nd ,, Soring Park and Wayzata will be s,.tDcontracting Human Service.s Planning B,>ar~ <WHHS) t,> administer tine program. The day-to--aay activities o'F the mr,>~ram will be ~.tr, der 'the ~u~mr',.,'Zsion See Attachment ~.3A. for a narrativ,~ description of ~.ach mro.cran~ energy service orovic~er.s. ) WHHS~ the sunc,Dntractor for ~ne propo?~ea [~rogral'il {nas effectively aaminister~a the Energy Assistance Program flor '~ubur'ba~ k~nnepin C,3un~y %Dr n~ore than nine year~. As adn~ini?~tra~or access to information regarding iow incon~e persons receiving energy as'~istance, and those who are denied because ti'~ey' are jus'{; ,aOo'¢'e the resource for the low--imoon~e weat{nerization proQram and n~ain~ains an im~orn~al referral network wi~h a large in addition, WHHS initiated the i~3uburban Ene~rgy- I's~sues -,rasp. ~rorc~ .~%s n~eans ,Df imDroving c,Dorcinatior~ of energy conserva'tion activities and ~v~t,Do ao~rori~e r'~s[],Dm.~es to) n~ee~ energy issues in t~e '~ut~ur'oan Thi!s Fit.~ well within t~he ovsrall n~ission staten;ent o~: WH>~S whic~ is olan~ educate and coordinate n,.10~an serv'ice activi'?;ies. 'T'.',e Task. WHHS i's the current admi~nistrato~ o~-- H,:-m]e Ener'~y Check--u~ Pr,z,~r.a,'m~ and House Doctor ProGrams ir~ Plymouth~ St. Louis Park~ Robbinsdale,; ~{aDle Grove~ ~e~ina, Crys~ai~ Brookly~ Center~ Go~den Valiey~ ~innetonka ar,~] Shore~ood. T~ro,.tgh these p~'o~]rarns WHHS has inJ. timted ir~%')rme~t agreernent.~ will be dis~rib,tted to city ~sta'6'f~ ~ __. . other im~r~st~d part ies. City secure ~,_mcs in aodi~i,:.m to conw,~,.m~y er, cerc]y cour~i i g¥"mnt ~,.~md~ for efforts, e. ~. let'bers of request, pro~osais~ ~o. ;qttac~ ~o~umentation o~ local ~at~h in the forn~ of ~'eso~.~ior, s cr minutes the City Council or County Boar~ arid letters of cash o~-~ in-kind Mounci, SorinG Par'x, Wayzata and WHHS are cur~-ently States Power (NSP) and Minnegasco to secure funo.s 3. 4~ and 3.4B (Letters of Conm~ltn~en~). fq conm~itn~e?~t also been included in these u~;il it les Conser'va'~ filings by these utilities to the mn. Public Utilities Cor,m~issic, m. 'The o:.mmm~itment of in-kind q~atcnes 'Froi~l Mound, SorinB Park.; Wayzata and WHHS are identITied ,::,n paBe ~ and tn,:~ budBet sneeCs ,:::,¢ this aFJpli,:::ation, f,..n~- ~unoino~ additional weather, izat).on op;>nrt_ _uni ~-.. ]. ~...' '', -'-, ~i i ]. 0e expi,::)t.'ed. These oat ions could include CDB~3 ar',~ M~F'~ h,r,n~e ir,~orc, v~er,~er, t ioar,.~ ar, d generate~ by this activity we esti~%]ate a~ a n:inir:~un'; It ~,n.t~d be ~-~ O0<"z For the two years. - ..... ' ' 4.0 Aooiicant Experience. <if approoriate, descriOe a2plicantSs past cur~--ent ex~e~-ience ~n conductin~ ener~y-r'~!ate~ ccmm~u~nity pr,D~-an~s. it is thezr exoerience which is oescribed below, in aodition t,o that described WHHS currently na~ ,:)n sta-Ff 4 RCS certified a,.ldit,~rs ~ith a total of t5 years of experience. See se~tion E. 4 See WHHS Annual Report (Attaclnr,~ent 4.0A. ) 5. 0 Evaluation <Describe how aoolicant will evaluate whether- object ives have been met and how energy saving will b~ evaluated. ) ProJect evaluation wit 1 be conducte~ on a continual 0asi-m. The projects conJUnCt ion with :~a~'tici0ati The fl,-nlt,_nwimg a~-e exar, lo].es o~' t~ese activities. In e;,a~uatin~ hou-_=enold sat impact ion, the p~'og~-am sinai! -meek Pa~ti~i{~ant'~~ ~e-mco~n-s,e.~ to thei~-- ~e~-~ aoP~'oo~-iate. ~o~- hous~r~oid Dat-ti. ciD~ti,Dnv Foll,D~--c~'D '~nnall be t,D ~r-actic~ the 'm,.t~t]e~tc~d iif~ styl~ ,chan~s. The 1',z,:.z,ow--u0 ir:For, mat · ~malI then be ,.tse~ t,o deter-mine Oa~-t icJ. oa~nts~ oe~-c:eot i,z,r~ ,z,r~ i' ....... -~'-=-' C,Dn~f,mrt a~]~ their- ene~gy sar'it',gm. 0 m, r~ c) "r o C I-4 o 0"1 0 Om f- :Z O -4 0 r- ]: 0 0 -.4 0 -; ,-q Z"q Z 'rt 0 0(~ O0 C~ Z Z gl gl ,'q r- 'o ID i-ri I,..~ 0 0 0 t- O 'q I"' --I lC I-t log PROGRAM COMPONENTS FOR 'FIDE MOUND/SPRING PARK/WAYZA'i-A ENERGY PLAN 1989-i990 The following are con~oonents for ~ne C,onm~unity Energy Cour, cii Plan. HOME ENERGY CHECK-UP PROGRAM: This ~r,--,gram is fun~e~ by' Northern States Power. This is an audit ~r,ogram available ~o aii single family home owners and renters in building~ which ~nave ~..to to 4 living units WhO are NS~ cus'~orner~. The "work" is merformed my local mers,mnnei who ar'~ ~$raimed RCE auditors. The HEC visit wit~ a hon~e,Dwner of re~nse~r c,Dn~ists ,D~= Four. !gcs, a!s~: 1) 2) 4) ~ousemol d~) ; a f,D1 !,Dw--uo visj.~ ,Dr cai I~ Base~ on the nee~]s ,Df the ,.init as ~etern~ir~ed by t~e audit tP.e participant is also left wZth a selection of ~eatherizati,:)m a~ateriais worth ~r,Dn~ $~0 t,D S40. There is a $!0 ~=e~ for participation In the pt'ograrn ~nich is bi 1 le~ ,D~] tree NSP nl,Dnt;n ly' ~'~a'(;~er,~ent. W,e cur-r'ent iy' have a~] agreement with NSP that this fee is waived '~or a!i tar[}ei;,!ed A goal of 25(3) HEC's has been set For. mo,.ir, d, Sp~-img Park, ar,d W~ayzata. The H,o~e Energy Chec,k:-uo pr,z,g¥~am is also used t:', sc:~-een bonyes fo~- referral to Project AIR. PR£]JECT AIR: The objecdtive of Project AiR is to reduce the air infi!t?-ation int,_~ a residential structure measured at 50 ~ascais negative ~res~,_~re. This is li~ited to ensure that the house is ~.nc, t ti~htene~ below r, ationatly- recognized safe ventilation levels. Bas ica l l,/, a negativ~ ~ressure is created in the structure using an Oiower, do,o~~, the leaks are fc,~nc and other low costs weatherization are acdressed such as reoairin~ necessary orogram be targeted 100% a~ 'iow--to--n~ot]e~-.a~e i~ncoa~e households home,~wners ano Minnegasco customers, it i's up to the Conm~uni~./ (3,~uncil to ~e~ine what is c,onssi~]~re~ low ir, coa~e. This famitie~, age o'F housinG stc, ck~ number of .sinGle fan~iiy dwellinG units~ they woul~ like ~o a~aKe ava;lable. ........ IPT,O,4 LID PRE-F'AID 50~.~,4 LID 4II,.-,!o.Q. 4/I:.D, tE:? .,03.64 JRI;L-CD 71-71C'0-~5!0 lOl':' 71-770-9510 1010 608. BELLBOY CORPORATION BO~I PRE-PAID 90.00 3 CAMERAS 01-4!40-~00 4/18/87 ""'-'~¢.q 90.00 JRh%-CD 1010 90.00 BEST BUY COMPANY VB'iDC.R TOTAL 90.00 BOu,:,O PRE-PAID 1.030.69 ,_~=,j~.~n, ,.~,- 4/!8/87 4/I8/87 1,0J0.6. JRhL-CD oi-t:5o-oooo I010 1030.69 BILL C~,RK OiL COMPANY VE!E;OR TOTAL 1030,67 C0888 PRE-PAID 2.785.00 CR UNION DED 4/1 PR 01-?.40-C~)00 4/18/89 4/18/8~ 2,785.00 JRNL-CD 1010 27~.00 CITY CL'L~TY CREDIT UNION VE)~DOR TOTAL 2785,00 PRE-PAID 4t18/89 4/t,.',, 89 59.25 39.50 ~.¢0 39.50 6.59 6.5B 6.58 39.50 ~7.00 MUNICI-PALS BANQUET MUNIC!-PALS BANQUET Mb~ICI-PALS BANQUET MUNICI-PALS BANQLET MUNICI-PALS BANQb~T MUNICI-PALS BARQLET MUNICI-PALS BANQUET MUNICI-PALS B~-~QUET o~:NL-CD 01-4090-412~ 01-41~0-4!~ 01-4040-41~ 01-4140-41~ 01-4280-412~ 73-7300-4110 78-7800-41~ 71-7100-4120 1010 ~7.00 CITY CF APPLE VAU~Y TOTAL ~7.00 CO~O CITY OF MOU~4D pRE-PAID 35.~ 4/18/89 4/18/s?. ~oo.,~ ~ENDO,R TOTAL REP. ENISH PETTY CASH-POLICE JR)-L-CD 01-4!40-2200 1010 C1001 PRE-PAID 2,174.17 SIT 4/1 PR 01-~40-0000 4/18/~ 4/18/87 2,174,17 ~,%-CD I010 2174.17 PRE-PAID 4/18/89 4/I8/~ 68.73 MARCH SA~S TAX u.; ........ ¢ ,~CH SALES TA~ 5,462,2~ JRt&-CD 71-3C~-0000 10!0 5462.26 D~IA'D... PRE-PAID 475.00 REOiSTR-FIRE SCHOOL c;-~,,..-..lO'?n 41 4/18/89 "*~'¢~'~ 4~.00 475.00 !. 1E:7.00 '""'"&l F'R :--:~,, ~ ':!ED 4/1 14. :0 [,EhTAL-PETiF, EE AP-C02-01 ,PURCHASE JOURNAL CiTY OF I~/OICE DUE HOLD NO. INVOI~ N~BR DA~ DATE, STATUS AMOUNT DESCRIPTION PRE-PAID ACCOUNT NUMBER 4/18/89 4118/89 37.,,, DENTAL-R~I~E 37.25.., D~']TAL-~TIREE 51.65 DENTAL-RETIREE I,~7.55 ~NL-CD 01-4280-1510 01-4140-1510 71-7100-1510 1010 D~TA DD~AL ~pR TOTAL 1~7.55 D1340 PRE-PAID 530.~ LIC,TAX-CHE~:YPICB~ 4118189 4/i8/89 530.75 JPJ~L-CD 01-4~0-5000 1010 530.75 DRI~'R & V~ICLE ~RVI~S VESt, OR TOTAL 530.75, E1429 PRE-PAID 4/18/~ 4/18/8~ ~0.!9 LIQ 415,62. WIN~ 8.55- DI~ 627.26 J~L-CD 71-7100-9510 71-7100-9520 71-7100-95E~ 10!0 627.26 ED PHILLIPS & SONS PRE-PAID 4/18/89 4118/89 V~OOR TOTAL 157.24 LIQ 566.11 W!~E · 8.79- DISC 714.56 ~NL-CD 1341.82 71-7100-9510 71-7100-9520 71-7100-95E8 1010 714.56 PRE-PAID 4118189 4/18/G~ 135.00 MCM~ CONF I35.00 dR~-CD 01-4040-4110 1010 PRE-PAID 4/t8/89 4/18/E~ Go~r~ TRAINING SEE¥1CES VENDOR TOTAL 75.00 BI~ CONF-~RRELL ~.00 d~L-CD 210.00 01-41~-4110 1010 75.00 G1955 PRE-PAID 1,363.00 DE]: COMP 4/1 PR 01-2040-00C~ 4/18/89 4/18/89 1,363.00 dRNL-CD 1010 1363.00 GREAT WEST LIFE A~-SSURA~r'E VB~OR TOTAL 1363.00 G1971 PRE-PAID 19.10 HO~ DED 4/1 PR 0!-~40-0000 4/18/89 4/18/89 - 19.10 J~L-CD 1010 19.I0 ,GF,1]~ ~ALTH PLAN VBE~]R TOTAL 19.10 G1972 PRE-PAID 4118/89 4!18/87 691.57 WINE 13.83- DISC 6.75 PRT 684.49 dR)L-CD 71-7100-9520 71-7100-9560 71-7100-9600 1010 684,49 PRE-PAID 4118/~ 4/18/.S"~ 1,108.15 L!Q 1~o.59 WI~E 25.33- DISC 8.17 FRT 1,2~?.58 ~I~-CD 71-7100-9510 71-7100-9520 71-7100-g560 71-7100-9600 1010 124g.58 1934.07 !71.53 :~ 4/I PR 01-2040-8000 PA,.']E " A?-C02-01 NO, !~JOICE NMBR DATE DATE STATUS 4/18/89 4118/89 HE~.~q CO SUPPORT & COLLECT* VEh~OR TOTAL PRE-PAID 4/18!,99 IC~A RETIREME3'fi CORP VET~DOR TOTAL PRE-PAID 4118/89 4t18/89 JOHN TAFFE V~J~qOR TOTAL ~9 PRE-PAID 4/18/89 4118/89 PRE-PAID 4/18/~ 4/18/89 JO~DtS~]N BR~ WHOLESALE L!* VE.ND~ TOTAL L~17 PRE-PAID 4/18/89 4/18/~ LAW eSF~RCEMElqT LABOR ~R~ VENDOR TOTAL PRE-PAID 4/18/8~ 4/18/$~ MACQUEEN EQUIPMENT INC VENDOR TOTAL M3090 PRE-PAID 4/18/89 4118189 ~'CENT~ H~LTH PLAN VE~DR TOTAL M~170 PRE-PAID 4/18/89 4/18/~ ME-FRO WASTE CONTROL C~MI~ VENDOR TOTAL M8319 FRE-PAiD 4/1~/ ....4/18/89 MN ~T ~F NATURAL F£~U~ VE!'E~OR TOTAL M9401 PRE-PAID 4/18/89 .... PURCHASE JOURNAL CITY OF MCU~;D 171.53 171.53 555,43 555,43 240,00 240.00 240.00 999.92 1.261.89 2,~9.08 1,061.70 967.96 ~.91- 1, ~y8,75 4~7,~ ~,00 39.00 39.00 63,708.00 63,708.00 63708.00 87.36 87,36 87.36 SS9.25 569.25 ~9.25 20~.00 200.00 200.00 2~:8.00 23~.00 DESCRIPTION JR!E-CD DEl: CO~o 4/1 PR JRNL-CD 32 CODFFRACT JR)~-CD LIQ WINE DISC ~NL-CD LIO WINE DI~ dRNL-CD UNtDN DE!) 4/1 PR ,JR)~-CD STREET SWEEPER ~NL-CD HOSP DEl) 4/1 PR JRJi_-CD MARCH S~ dRNL-CD WEED MGMT-C~R F~ JR,'t-CD DE~ COMP 4/1 PR. J~-CD !010 PF:E-PAID AMOUNT 171.53 01-20:0-~00 10!0 5~. 43 01-43~'.,-3100 I010 240.C~ 7!-7100-9510 71-71¢yJ-952Q 71-7100-9560 1010 71-71~-~10 71-71C~J-9520 71-7100-~J~ 1010 1998.75 01-2040-0000 1010 39.00 01-4280-5000 1010 ~708.00 01-2040-0000 1010 87.36 78-2304-0000 1010 569.25 01-4340-3~00 1010 200.00 01-20~9-00.00 !010 ~8.00 A~-C02-01 ,PURCHASE JOURNAL CITY n~ ur ~OUND VB~OOR D~,JOI CE DIrE 14]LD NO. INVOICE N~SR DATE DATE STATUS AMOUNT E ....IPT~ON PRE-F'A!D ACD~!N% I-~JMBER AMCS!NT CHE ~4~ PRE-PAID ~0.65 UNION DEC 4/1 PR 4/18/89 4/i8/89 570.65 dRNq,-CD 01-£040-0000 10!0 570.65 MN TEAMSTERS LOC4L 320 VENDOR TOTAL 570.65 M3520 PRE-PAID ~ 4/t8/89 4/'18/89 486.62 POSTG-NEWSLETI~ER 486.62 JRNL-CD 01-4020-3210 1010 486.62 MOL~ID POSTMASTE~ PRE-PAID 69.03 POSTG-WATER CARDS 69.03 POSTG-WATER CARDS 4/18/89 4/18/E~ 13~.06 J~-IL-CD VB~OR TOTAL 624.68 73-7300-~10 78-7800-3210 1010 138.06 P3950 PRE-PAID 5,8~.49 P~:~ 4/1 PR 4/18/89 4/18/89 5,E~5.49 dFa~L-CD 01-2040-0000 I010 PERA VB~R TOTAL ~55.49 P4030 PHYSICIANS OF MN Q4171 PRE-PAID 438.90 4/18/89 4/18/89 438.90 V~NDOR TOTAL 438.90 PRE-PAID 4118189 4/18/8~ HOSP ~O 4/1 PR riP, IL-CD 876.00 LIQ ~.~ WINE ~.88- DISC 1,389.04 dRt~.-CD 01-2040-00~ 1010 71-7100-9510 71-7100-9520 71-7100-9560 1010 4~.90 PRE-PAID ~.~ LIQ .~- DI~ 4/18/89 4/18/~ 84.09 JRNL-CD 71-7100-9510 71-7100-9560 1010 84.09 PilE-PAID 1,171.07 LIQ 1~.~ WI~ 25.~- DISC 4/18/8<) 4/18/~ 1,35~9.07 ~-CD 71-7100-9510 71-7100-95~ 71-7100-9560 1010 t339.07 QLIALITY WINE & SPIRITS VE~EFIOIR TOTAl. ~12.20 S4370 PRE-PAiD 364.~ 5-6-7 HOSP-KRAUSE 4/18/~ 4/18/89 3~4.5 JF~L-CD 01-42~-1510 1010 SiVA. RE S4~0 VE~EIOR TOTAl. 364.~ PRE-PAID 10,113.29 FIT 4/1 PR 4/18/.S'9 ~I18/~ 10,113.29 Jt:~L-CD 01-~40-0000 I010 10113.~ STATE ~l(.. CF MGb~D V1D{DOR TOTAL 10113.29 S4511 PRE-PAID ~18.60 ~ UNION D~ 4/1 PR 01-2040-00C~ 4/18/89 ~/18/89 418,60 ~:NL-CD I010 418.60 .... = ,,. ~.OR TOTAL =~;, CAPITOL C~iT UNION .I ~ ~ ~ S4550 PRE-P~ID · : ...... o~ IST ~i'R, 01-2~2-0000 AF'-C0£-01 CiTY OF ~]~;[~ VE!;DOF: I!~VOICE [~LJE HCLD F'RE--"AI-~ STATE 7F'iEASUEER Vd'Z,u~, TOT~ CL50.64 T4950 PRE-PAID 648.75 R~'AIR BOOM TRUDK 01'42S~)'32!0 4/18/~ 4/18/8.9 648.~ JRI-~L-CD I010 648.75 TRL~K b~FiLITIES ~)~OR TOTAL 648.75 U5,100 PRE-PAID 61.53 MAR TD!~S 01-4270-2250 151.25 MAR RL~S 78-7800-~00 141.52 MAR UNIFO~ 01-4280-~40 28,30 MAR UNIFORMS 01-4290-~40 72.34 .MAR UNIFORMS 73-7300-~40 72.34 ~R UN!FO~ 78-7800-~ 4/18/87 4/15/S~ 527.~ JRNL-CD 1010 527.28 UN!TOO RENTAL SYSTEM TOTAL W~20 PRE-PAID .40.00 PERS ACHIB/-HARREI_L 4/18/89 4/18/E~ 40.00 ~)E-CD 01-4140-4110 1010 WESTOh¥~ ~AHBF_R DF COM.~ER VENI)OR TOTAL 40.00 Z6063 PRE-PAID 41181'89 4118189 158.60 ItAY PREM-M I!4A;LALSN-PD BY HIM 158~60 .~-CD 01-41~-1510 1010 158J0 RAYMD~ ~qRALS~]N ~SDR TOTAL 158.60 TOTAL All VENDORS 113,138.73 ; :_=:_ A~':.~ M I-~N~GN AJ.:..O A~';TH. '.DNYS FLOP, AL ,lt201:37 q 120/S? 4120139 4120139 VD,~DR TOTAL 650,00 120.00 770,00 770, O0 48.00 43.00 48.00 DEECR!PT!OH CGNGRATS F,Ow,.nS-F.,Ad JR)'L-CD ' ') - 40.,On-m':: !r:r 10!0 1010 PRE- PA ! D CHECK~ A0377 4/20iS? 4120/S9 59.70 CYL;-;,~GE DOOR 59.70 JRNL-CD I010 AREAWIDE SE~RITY VEN~R TOTAL 4/20I$~, 4/20/39 59.70 340.00 CLAS~;M !NsTR-TRUAZ 340.00 JR~E-C~ 01-4140-4110 I010 ATOM B0540 VE)DOR TOTAL 3;0.00 7.50 MAR OXYG~ 7,50 MAR OXYGEN 12.50 MAR OXYGElt 27,50. ~NL-CD 73-7300-~00 78-7800-~(Q 01-4290-~00 1010 BATHK. E COMPANY VEND~ TOTAL 27.50 BO600 30.00 MAR-A~ GAPdBAGE 40.00 MAR, GARBAGE 50.00 MAR GARBAGE 34.50 MAR GARBAGE 154.5~ ~).~-CD 01-4~80-.~,.,0 01-4270-3750 71-7100-3750 ~-41,0-.~75.,0 1010 B~CKOWi~ ~D SON VENDOR TOTAL 154.50 BO,~.60 4/20189 4 f20/E.."? 18,85 GREASE FITTI)~S 164,50 PAINTS 1~,~ dRNL-CD 78-78C~-2300 01-4280-2310 1010 BC"~MAN DiSTRIBLFFi~4 VENDDR TOTAL i&3,35 C0832 412013'9, 41201:39 lSS,O0 REC~ TIRES 188.00 ~bL-CD 01-4.~o0-,':.,0 1010 CE,~ TIRE & SUPPLY CO ,.,:)~!n~,., ~.~,,, TOTAL 188.00 CC<370 4!20/39 4/20,":E'.'9 126.00 SEALCOAT BID AD !26.00 JRNL-CD 27-5300-3510 1010 CHAPIN Pl ~'; l'cuTNq CO ., D.,~,CR :nTAL 1~,.00 01-414( - 2'::{E) 1010 A.-'° C ::'2- 01 C0'F30 CITYW![E S~,'¢iCES C0760 a ;c,:~/c.~, 4/,:0,' c,; V~ ~[iu~ TOTAL COAST TO COAST COr-?~OS~VICE !NC C1079 V~-¢DOR TOTAL V~DOR-TOTAL 4/20/87 COMINE~¢AL O1~7) DAKOTA D1:'310 4/20/89 VB'tDOR TOTAL ".'°. nO ~Rx~-CD 22.00 .,.or MAR HOWE ~....,~° oc, MAR HOWE SUPPLIES S3.78 C~AIN 5.64 BAg.,'ETS 31.68 S]PPL-HCCP ROOM 73.I7 MAR H~WE SL~PLIES .3~.83 MAR HOWE SUPPLIES 54.75 MAR H['~;E SUPPLIES 80.44 MAR HDWE B]PPL!ES 28.08 MA~ HD~E SUPPLIES 21.84 ~R HD~E SUPPLIES 508,43 GRt~-CD ..¢..!.., . 00 MAR~ COMPU~'Et~, 9n?.O0 ~RCH C,.,::F'~,~, 1.412.00 14!2.00- 139.97 APRIL ~EPHOt. dE %.s~..~n~ APRIL TB_E~ONE 6~...-1 APRIL ~NE 118.~ APRIL T~H~4E 3!.11 APRIL TB,~[~E · ~0~. ~°~ ~'RTk T~ ~mun~'C ~.oo ARRIL .~ APRIL .82 APRIL TB~HONE 10.40 A~',!L 2.~ APRIL ~EF~4E P~S-PD 64.08 APRIL 67.70 APRIL ~EPHONE-CO~PUT~ 6~,.oo APRIL ~Lr~uON= 1. ! 10.20 ~)~-CD !110 a¢o.6., RR LEASE TO 5/15 ~n - RR LEASE s s ~..,4.:~5 TO ../1, 6!3.00 ~Rr'L-OD .... . O0 ?.CO CHL"_:R If,JE -'7.00 27.C0 71-7 !',,'.x}'22C0 10!0 01-4270-2310 01-4270-2200 01-4340-2200 01-2300-0~0 01-4!40-41iX; 0!-4280-2~0 01-4280-23(>~ 73-73OO-22OO 73-7300-2S¢4 ~-4170-2200 lOlO 01-4095-3800 01-40~5-50(~ I010 71-7100-~0 01-4140-322'(~ 01-4280-3~0 73-7300-3~%20 78-7800-~0 01-4040-~0 0!-4190-32~ 0~-4~40-~.-'0 01-4055-S~ 01-1170-0000 ~-4170-~r220 2~-4170-3220 01-4340-S220 !010 40-6000-3~I0 01-4~0-o~10 1010 73-7300-2260 1010 !NVOICE D~£ NO. I~VOiCE I~?~R DATE CATE STATGS 4/20/89 4/20/89 E~IPMO.~ SL~PLY INC VENDOR TOTAL E!511 4/20/89 EX~ENCE IN ~AINi~G, IN VE~OR TOTAL F1548 4/20/89 FINAL TO~H ~VICES, INC VEND~ TOTAL FI&~I FIRST TRUST Fl710 VENDOR TOTAL 4/20/89 4/20!~ FRANCENE CLAP~ YLNDOR TOTAL F1720 41~189 412189 F~I~K, MAD~,JI & ASSOC VB~DOR TOTAL 4120189 4120189 G1870 G~ALD BABB VENDOR, TOTAL Gl?30 4/20/89 4/~!89 C~3VT TRAINING S~,"v'I~S V~DOR TOTAL H~80 4/20/89 4/20/,.0.9 HEO',SEL MACHINE SHOP VENDGR TOTAL H2120 4/20/8? 4/20/89 k~-~ CO [EPT OF PRC~PERTY T V~OR TOTAL P U.$:C.~ASE J 0 U ? F.i ~ L CIT? Cz KOU~{D AMOL~.iT [~E~C~IPT!ON ACCGU!~T 175.00 MAIHT-~/15--8/15 01-4320o3800 175.00 o~NL-CD 10!0 175.00 ..~.~v DRUS 03L~:SE-~OETR~M 0!-4140-4110 95.00 JR~L-CD 1010 95.00 165.00 WINDOW CLEAN-C HALL 01-4320-420b 165.00 ~ .... !0!0 165.00. ' n 84 73-7300-6120 ~46.~5 WTR REV BOND ~ES 646.25 JR,~&-CD 1010 646.25 ~ ~ ~rC 01-4060-4120 ~1...9 ~ ~ MTG EXP 21,99 JRF&-CD 10!0 21.99 559.00 'CON~ACT SERVICES 01-4377-4100 559.00 ~F~_-CD 10t0 ADV-FIRE SCHOOL-BABB 22-4170-4110 JR~&-CD .1010 59.00 110.00 110.0O 110.00 390.00 ~0.00 935.00 ~6.00 151.84 REPAIR PLO~ WING 51.55 FLATS FOR TRUCK 15.00 HEAVY ~ALL 21~.39 [EF DRIV-LOTT,BWALD,HUDS MA~R CRIME-MCKINLEY SOBR!ETY-LIMOND JRt.~_-CD 218.39 9.15 POSTAL '~RIF 9.15 9,15 1!7.24 M~~ ~OCKING FEE 117.24 JR%L-CD 01-4140-4110 01-4!40-4110 01-4!40-4!I0 I010 01-4280-3810 01-42Et)-~310 01-4270-~00 1010 01-406~-C~10 1010 01-4110-4250 1010 F' U F: C H A.S E f'TTy r,c J ~ L', F: H 4 L CFEE:!~ HD,;N CO ............. n .-.n:;-,IFr= I",EF'T-,'=,DuR TOTAL I2380 4/20/89 4/20/89 IN%F:NATL INSTITUTE ,%NiC*-VENDOR TOTAL 12400 ID~_A,~4D PARK SKELLY d & S CLONING CO. J2:40 J B DISll~IBUTiNG 4I,~0:89 4/20IS? ,YF,]'~ C~R TOTAL /.-'::, -~ TOTAL 4120/89 4/20/E~ ~r34~R' TOTAL 4/20/89 4/20/89 '~"~* BERTRAI'~ ~¢EN~OR TOTAL ~MF, it' I J2'535 4!20/87 4/20/~ J2.,40 J2600 K2653 L2:~:.'-:} TOTAL . ..~../u .- ~'/-" ~'/,D. '~,;DOR TOTAL 4/.'O!o..- VENDOR TOTAL TOTAL !17.24 65. OFi . 65.00 65.00 166.02 ALIGN,![L~ ARM 25.00 TOW #2 2~0.~ TOW,COiL-RED CAR 28.i0 ~3OPE-WIRE #10 21.~ RE~AROE A/C YELLOW CAR 441,82 ~;NL-CD ~,;0.00 APR JANITGR SERV .:,-'O.uu JRf-&-CD 5?0.00 . 37.~ ~EANERS 07. ,0 37.~ Z3.80 ~4~ ST~ HTG 23.~ JRNL-CD 23.~0 ~S'~ ~ ~ ...... ~.~.. PLMB 405.45 ¢~f'E-CD 405.45 ~¢. ~0 A,.CID4T INVESIG-ERALD ~..,.00 ,~NL-CD ~5.00 ti.00 NEL~N MILEA~-TREE lt.C8 ¢~N~-CD 1I .00 20.00 BIG DEAL PKG-K~ILER 20.00 !!~.50 ROTARY 4Tub 1010 0!-4340-3810 01-40:0-3810 01-42¢0-38~ ~i-4170-3810 I010 01-4320-42!0 1010 01-4290-~50 I010 01-41~-412Q 1010 01-,~-¢100 1010 01-41~3-4110 1010 01-4340-~40 1010 01-4.~,,~-~00 1010 0!-4140-4120 !010 F'~JE 5 AP-CC2-01 I!L:Ot:E DUE H'.3LD NO. INVOICE N>iSR r:-"TE SATE STATJS PU. RCH:SE CITY r: ,,,-, ,,,r, JOURI~AL PF£-P~ID L723 4/20/89 4/20/89 L~S CC¢~TROL SERVICES, INC VEND~ TOTAL ¢ L2930 4/20/:~ 4/20/89 LOWELL'S AUTOMOTi~Z/ZiTCO~ ~NDOR TOTAL M3010 MARt~ AUTO S~'PLY M:~40 MASYS~R~RATION M3060 MARTIN'S NAVARRE 66 ML~080 4/20/~ 4/20/8? V~4DOR TOTAL 4,;J.:, 4/20/~ V~D~ TOTAL · 4120/89 4120/87 VD~R TOTAL 4/20/8? 4/20/8? M~O~B~ FRAME ROOS ASD:CI* '<~-~DGR TOTAL H3130 4i:0i87 ~/20189 METR~ A?EA MGMT A~ VE?.~'~R TOTAL 142.00 SEMiNAR-L!Q 142.00 ~NL-CD 142.00 48.08 MAR H[~KE SUPPL 80.~ MAR HDWE SUPPL 99.52 MAR H~E SL~,-PW ~8.43 dR~_-CD ~8.43 135.00 ENF~S ~INT-~AY ~.00 ~.-CD .135.00 30.00 TOW 840 ~,0.00 JRNL-CD 30.00 '-,~.~ MAR ENGR-CO 110 S~T REPAIR 112.00 MAR ENCS-CRO~WALK,PARK LOT ~4.00 MAR ENGR-ARBDt LN ESCROW 28.00 MAR ENGR-W~-oW~ 112.00 MAR ENGR-S~F~T DEPT 56.00 MAR ENGR-DD~BIGH RD ~6.30 MAR ENGR-PLAN-INSPECTN 28.00 ~ D'~R-NORWOOD LN 272.00. MAR D~GR.-C HALL ADD~ I~.00 MAP, D~R-~ISTA SHAW/N!ELSON ~5.00 MAR ENGR-P'W B&OG 448.00 MAR 8,~'2,-CATALYST-NELSON E~R 28.00 MAR D,~R-TAX FOR~IT LOTS 452.00 MAR E!~]R-SEALCOAT 54.00 MAR D~GR-7? S~E~ EASY,TS ~.,..w ...,:0 ~nNL-.~D .:<.6.o0 10.00 ~AMA MTG 10.00 JR,.E-CD 10.00 123.75 ViEiE~ MT~S 7i-7100-4110 1010 01-4290-2310 0!-4~'0-2200 1010 60-6000-5800 1010 01-4075-3800 I010 01-4140-4240 1010 01-4280-3100 66-6000-3100 01-~00-0970 73-7300-3100 01-4280-3100 01-4280-31.00 01-4190-3100 01-4190-3100 01-4320-3100 01-2~00-0971 zo-~040-0000 01-23¢~"0905 01-4~0-3100 =~, ~ 7-..,.00-.I00 ~6-57.~-.:1~ 1010 01-4040-4120 1010 )!-~030-31f:0 !010 CiTI Or .......... .l, -'.:,, /.. M3200 4.120/~:? 472:/89 1..= PLASTIC ¢¢ .... SPEAKER 07.~.0 JR~'IL'CD 22-4170-2200 ~ .~ -. 1010 MID-CENTRAL INC 'VE~4D~ TOTAL 307.50 M3250 4120189 4~-,(., ~?,. ,-,' MAR BLEC ~0.50 MAR ELEC 227.~ MAR B~EC 3~2.21 MAR ELEC 104.61 MAR ~EC 425.17 MAR ELEC 1.708.24 dRNL-CD 01-4280-372~ /o-7oDO-3/zO 01-4320-3720 7t-7100-372%1 1010 MINNEGASCO VB4D9R TOTAL M.-r~ 113.!0 PARTS ~ .... ...... -.','-41¢0-~/0 4/20/8? 4/2:1/89 113.10 JRf.&-CD 1010 MN C~WA) FIRE & SAFETY '~:DOR TOTAL 113.!0 Mc~20 150.00 4/~0/89 *1~01,:,9 150.00 MN D~T OF PUBLIC SAFETY VENDOR TOTAL 150.00 1ST QTR CON~ECT CHG _ JRNL-CD 01-4140-3800 1010, M3360 4/20/89 4/~/89 ~2.92 E~_T SEATS 01-4340-2300 1010 MN PLAYGRCCJD~ INC VB-E;OR TOTAL MJb70 4i20i~ 4/20189 MN VALLEY TESTING LABORATO ~END~ TOTAL 44.00 WATER TESTS 44.00 dRNL-CD 44.00 73-7300-3100 10!0 4t20/89 4/~I89 I00.00 CORD 100.00 JRI~L-CD lOlO ~UND ELECTRIC, iNC VB'~OR.. TOTAL 100.00 ~:710 /20/'..:.? 14.58 MAR HD~: SUPF% 2° 14 MAR ~r.,~ n~: SL~PL 10 ~8 .:,.' MAR HD~E SU~L 2.::18 MAR HDWE <::c':~ 56.48 JR)L-CD 01-4280-~I0 78-7800-2300 ~-4170-2200 rOlO N.%00 01-4280-3710 01-4340-37!0 01-Z320-3710 71-7!00-37!0 12-4170-3710 153" ........ ~,U= HOt[! DATE DATE STATUS P U R C H A S E pi'-' . .~. ~ f O: Mn!j~iD J 0 U ¢: t~ A L F'?E-F'A!D 2.613.34 MAR ELECTRICITY 1,6-i0.13 MAR r, 5.6,03.76 JRNL-CD 1010 N~l~PJ',' STATES POWER CO VENDOR TOTAL /'"F)/P,Q 4/20/~9 STATES PO~ER VENDOR TOTAL 5603.76 4.380.54 4,~o0.54 4380.54 APR GAS JRNL-CD . qc, .~? Ol 4~,.~ .,,10 1010 P44)01 412018? 4/20/,:.":,9 80.00 RECD~R R~R SEAT 80.00 JR)~-CD 01-414¢-2200 10!0 PERMA TOP VENDOR TOTAL 80. O0 P4031 PHYSICIA~tS OF MN P4107 4/20/8') ." "": 4/,0/o, VE'},'D OR TOTAL 4/20/89 4/20/89 25.05 BAL MAY PREM-M ~ARALSON 25.~ JRNL-CD 2s.os 15.45 EQUIP POUCH 15.45 dRNL-CD 01-4140-1510 10!0 01-4190-~10 1010 PROFESSIONAL INSPECTION E* ~,~DOR TOTAL 15.45- P4113 4/20189 4/20/,~ ~.00 C~ HOIST 64.00 JRNL-CD 01-42~-~ 1010 METER SERVICE tNC V~¥DOR TOTAL 64.00 R4201 412018? 4/~I89 29.99 BROWNI)~ MAGAZINE 29.99 JRNL-CD 01-4140-~70 1010 R & R D~(SMIIHING VETJDOR TOTAL ~.99 R4~JO 4!.:0!8.. 4120/89 117.50 4-5-6 ROTARY-S~JKLE 117.50 JR)L-CD 01-4040-41~ 1010 ROTARY CLb~ OF ~UND VDrSOR TOTAL ' 117,50 S4~0 4/20/8~ 4.~ MTG-HDT FILES 4.95 JRNL-CD 01-41~-4110 1010 SHIPJ_EY HAW)~S · V~L'kqR TOTAL 4..,."0 PLAZA TOTAL 2.300.66 MAY RB~T ~ ~F)~ ~ ' ~ ~,~ ...... uR~L-uD 2300.65 71-7100-3920 1010 :/':0/,S.? 22.50 WRDICH :~OA:~IZER !0.20 DRA~ER 19.40 HEX ~'!VERS 52.!0 ~:~L-CD O1-42~'0-2200 .)I-~2~0-2200 I0!0 SM PRINTi;~G S4490 STANDARD ~RINS ~ S4..W0 STERLING ~Er.~IC CO S~,30 INVOICE VENDOR TOTAL 4!20i87 4/20/8? YEf.~OR TOTAL 4/20/89 4120189 VEND~R TOTAL 4/20/~ 4I~!87 VENDOR TOTAL SUPERA~R!CA s464o SUP~ CYCLE T4716 TEMPORARIES TO GO T4780 4/20/89 4/20/~ VENDOR TOTAL 4/20/89 4/20/89 V~ENDOR TOTAL 41~0/o~ ~ ~ 4/~0/89 V~NDOn TOTAl. 4/20./89 4/20i8~ ll-~IFTY SNYDER D~]G NO4 VENDOR TOTAL T4777 4/20/8? 4/20/8? TIE SYS~S, !NC., MN VB~OR TOTAL T4.92'? TODD ~ ~'~ L,Mu,~D U5050 VENDOR TOTAL P IJ R C H A'S E d O U R ~: A L CiTY CF ?:':: 52.10 c. .....JRNL-CD 877.53 6~o.o0 REPLACEo,~o?"n.,~= .... ~8 646.80 dRNL-CD ~46. 60.,4 TH. ERXO WIP£ ~i24 JR~%'CD 60.24 20.76 MAR GASCLIN£ 16.39 MAR O~OLI~'E 33.50 MAR GAbq3LINE 760.27 MAR GASOI. I[E Er30.?2 JRNL-CD 830.72 2.975.00 MAR RECY~ING 2.~5.00 ~:NL-CD ~..75.00 212.50 llE~ H?LP-,;.£C~T PW 21-' ..,0 JR~'~.-CD 15.06 PiC~]RES t5.06 ~NL-CD 15.06 145.40 REPAIR RADIOS 145.40 dR[~_-CD 145,40 5.00 SOBR TRAINt)~G .... 00 ~NL-CD 5.00 628.00 BADGES ,:,~o.00 ~.,',L-uD 6:~8, O0 10t0 1010 73-7300-2200 1010 01-4190-2210 0!-4040-£~!0 01-4280-~10 01-4140-£~10 1010 01.4270.4200 - I010 ,3-7300-1000 1010 I010 01-4140-42CAq 1010 01-4140-4110 1010 22-4170-41~3 1010 78-7~00-4200 F'A'SE VIK. ING PIPE SERVICES VE1C:OR TOTAL W5501 ~ 4/20/89 4/20/8? WESTERN UNION CORPORATION VEf'E~OR TOTAL W~20 4/20187 4/20187 ~STO).~(A CHAMBER C~'" COMMER V~{DOR TOTAL WS560 WESTO)~A FOODS W5630 4/20189 4/20/~ VENDOR TOTAL WIDMER INC. WILKINS PO~iAC W5690 4/201~ TOTAL 4120/87 4/20/89 VD~OR TOTAL 4/20/~ 4120/89 ~,~ MUELLER & SONS ~OR TOTAL 4120/~g 4!201~ WURST-PEARSON-LARSGN VDE~OR TOTAL Z6051 4/20/~ 4120189 ~}OR TOTAL 4/20/8? 4/20/89 VBE;OR TOTAL ~/zO:,:? . ';E~;DO:: TOTAL DAVID B~YD Z~470 MICH~ PALM L,~ :~ EE'.?i ~F:ADY P U R C H; S E J 0 U F: !] A L CITY 6= ~r~'-~ 2!9.50 219.50 35.&5 70.00 70.00 70.~ 17.34 34.02 51 51.36 1,50~.50 591.50 2.006.00 ~8.10 ~.10 3,~7.24 ~,~.92 62~.92 2~070.00 2.070.00 ~70.00 HO.O0 ~I0.00 110.00 ~10.~} ~10.00 [ .... RI ...... dRNL-CD WIRE TO AL_X-FRHd CONGRATS dR!L-CD M~O TAX JR~-CD ROCK .~uT ~PPLIES FCOWI~ pL-F?WIb~ ,.~I~-CD REPLA~ OIL SEAL-PONTIAC dRNLoCD MAR B~K~-,'OT MAR CC¢~CP.E!~Z, SAND ~RNq_-CD MAR PROSECUTION ADV-FtRE SCHOOL BOYD JR~E-CD ADV-F!RE SCHOOL-M PA~ JR~-CD ADV-Fi.RE %HOOL-GRADY 'DM! 10.00 10!0 O1-4d,~O'.>',~v 10!0 01-4020-4120 !i)10 01-4280-2200 ?~-7800-~00 1010 40-60r^%42Cs~ 01-4280-4200 I010 ~-4170-38~ 1010 27-5800-2340 01-4~0-2340 I010 01-4110-3120 1010 ~-4170-4110 1010 ~-4170-4110 1010 ~-~170-4110 !010 Z6117 TIMg~Y WILLIAMS A/20/87 4/2,.'.)/89 VENgO~ TOTAL TOTAL ALL "~'~'~ !i0.00 !10.00 .~:NL-CD 110.00 47..~,.1.43 ..'~-4!t0-4110 1010 C:iTY OF MAUND 1989 BUDGET REPORT EXPEND I TLIRES MARCH i 9 :=:'.-=¢ '---:5.0% BUDGET ,MARCH YTD EXF'EN:=;E EXF'ENSE VAR I ANCE GENERAL FUND Co u r, ,: i l 46030 3162 16752 21.--./27~: Cab 1 e TV .'~9:BO 8106 8106, 1 :_-:74 City Man.ger./Cf er k 143210 9685 31727 111483 E1 ect ions 650 32 102 548 As se s s i r, g 43930 50 346 43584 Fi nmnce 152760 I 1883 352'.;'3 i !74/,,,7 Comp u tm r 20000 355:--: 5404 14596 Le 9a ] 971 O0 3542 10993 88, 107 Poi ice 677770 706,15 16,9526, 50:=_;244 Civil De~:ense 1880 0 0 18:=-:0 Planning/Inspections 128400 7927 232'.--.¢7 105103 Recyc ] in9 6,7400 i242 36376 31024 8t r'eets 391140 31248 104271 28/=, 8/_-,'~ '.=;hop & :=;t or. es 57760 8548 1:--:488 39272 City Pr-operty 81860 35:2:7 15670 6,/-,19o F'a r. k s 149:2:20 5156, 20/=,40 12:=:/_-,80 Summer' Recr. eation 11090 0 0 11090 C o r, t i n 9 e r, c i e $ :2:0000 0 507 .2949::-: TcansCer-s 126150 ?85'.-? 29676 96,474 PER CENT EXF'ENDEr~ 81.22% -~. 15% O. 79% 23. 10% 27.02% i 1.32% 25.01% C). 00 % i ',=-:. i4% 5:3.97% 26,. 66% 32.017- 19. 14% 13. E:2 % -' O. 00% '""3.._, -" GENERAL FUND TOTAL Ar'e~ Firm Set. vice Fur, d L~quor Fur, d Wmt,~ r F,Jnd 209230 15016 5(:):=-:21 15:-]:4.09 24.29% 15:::::;10 i 17:i:0 42:1:1/,,, 116,4.'.--.;4 26, 6,._/. ,:, -.' = ........ :BO4:B:-]: 'i 02/=, 1 .q. , 21 '-7'--~"-:/- 31.81% 6:--:4. t 6,0 4. 1 '.-.?E::_:: 153:E:7 ! 4:E:02;--:9 24. 26% 7224(i) 2296;.-7; 524'?::: ! 'F..' 742 72./1,77. 3'=.-'50 S',=: 4 5 :E',4 ~' =',':/' 14. -- -"' ...... '/. '~' 23. '.."'--".:, :,4.:,0 178145 527174 ! 709256 57% bENERA~. F'UND I n t e r. g c, ver-r, me r, ta 1 Business Li ,-e n,=e.~. N o ri - B u s i ri e s s Licenses ~nd Per. mits Set. vices ir.t Fir, es D e p ~ r' ~ ~,e r~ '~ ~ Other. Revenue TOTAL REVENUE LtQUOR FUND WATER FUND SEWER FUND DOCI.:--; FUND t].'EMETAR Y FUND BUDGET ?'84 :-_-', 15 9 C- 5 -- 00 '=-~ 410 86700 :3 S 8 c~ 0 100(]~Oi} 1/_-,500 5 i E:50 2252,:375 CiTY OF MOUND 1'.-T/87* BUDGET REVENUE REF'ORT MARCH 198',-.-¢ MARCH YTD REVENIJE REVENI_IE VARIANCE '='~. 0% PER CENT RECE I VED .-,-.-,/. ~ · - ..... 103~7 76303 11.9~% 260 0 :37 ~, 1 :--: 50 :-- '-.-~ ;-~. 6 ?' % 4246 'F.¢C~24 90976 '.--,*. 02% 119 - 206 5i644 0.40% 17:=:C)27 70/:.97:'-: 1. 9.66% 72121 ~._ 7,=,7.-.~ 21. :---:5% ! 45'.-.'~ 19 4:}4(}:.:1 25. 1/-',% =--.-~ , _ ..... =, / · ._, / ~.. ~. ~. : '7.' '::,:~ ,-,- 0 3050 O. 00% :=::-30000 ,S 3910 ::-', :2, 0000 2 ::: 8 L=: 7 5:.:;0000 4930:3 6 530 !'~ 97 &, 1 ::: 050 0 MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION APRIL 10, 1989 Present were: Chair William Meyer, Commissioners Frank Wetland, Vern Andersen, Brad SOhns, William Thal, Jerry Clapsaddle, Ken- neth Smith, and Geoff Michael, Council Representative Liz Jen- sen, City Manager Ed Shukle, City Planner Mark Koegler, Butldtng Official Jan Bertrand; and Secretary Peggy James. Also present were the following interested persons: Vic Cos- sette, Curt Johnson, David & Virginia Herzenach, Linda Russeth, Gte9 Cora, Scott Moen, Tom Skete, Dee 01son, David Ruby, Mark Hokanson, Dave Morse, James Carver, Michael Mueller, Wi11Iam Meinhoudt, George Lutz, Sylvia Ogren, and David Feerhusen. Chair BIll Meyer called the meeting to order at 7:30 p.m. Mtnutes NOTiON made by Wetland, seconded by Andersen to approve the Planning Commission Minutes of March 27, 1989 as submitted.-' Motion carried unanimously. ,,,BOARD OF APPEALS: Case No. 88-732: Vic Cossette, ARcO/Century Cos., 55D3 Shore] tne Blvd., tot 5 and Westerl~ 50' of Lot 6, Auditor's Subdivision L~O._LPID #13-117-24-33-0007 & 0008. CONDITIONAL USE PERMIT AMENDMENT (PUBLIC HFARINGI This case was tabled from the last Planning Commission Meeting In order to determine an acceptable decibel level for their 1dud speakers and paging system. The Building Official informed the Commission that she and Bill Thai visited the site with a dectbel meter.~eader. Standing approximately 20' inside ARCO's 1or l'tne, inside the fence, and facing the microphone towards the speaker, the meter read 55 to 65 decibels, with background/traffic noise It increased to ?0+ deci. bels. The Buildlng Official further reported that an air compressor on the site read 75 to 80 decibels. Mr. Cossette has ordered an intake filter for the air compressor to decrease the noise level of the unit. Mr. Cossette' stated the filter will be installed by the end of the week. Chair Meyer opened the public hearing, however, no one present voiced their opi. nion on the case. The commission discussed re- phrasing Resolution 89-1, Item 2. Planning Commission Minutes April 10, 1989 Page Two MOTION made by Smith, seconded by Jensen to modify Resolu- tion 89-1, item 2., second sentence, to read "Additionally, loud noises shall be prohibited if exceeding 65 decibels at the property line. Sohns commented that this motion is too vague, it allows any type of noise, radio, telephone ringing, etc. to be heard over the speakers. MOTION withdrawn by Smith and Jensen. MOTION made by Smith, seconded by Michael to amend Resolu- tion #89-I , item 2. , seconded sentence to read "Additionally, loud noises or noises over loud speakers be permitted i E not to exceed 65 decibels at the property I i ne." Mot i on cart i ed unan i mous I y. This amendment will be referred to the City Council at their meeting on April 25, 1989. Case No. 89-806: Steve Codden~ 6639 Bartlett Blvd., Lots ~. & 3, Halstead Heiahts,. PID #22-117-24-43-0007. MINOR SUBDIVISION. This case was withdrawn by the applicant on 4-7-89. Case No. 89-807: Timothy Johnson, Subway Sandwich & Salad Shop, 539.7 Shoreline Blvd., Block 3, Lots iv 2, & 3, Shirley Hills Unit "F", PID #i3-117-24-34-0038~ 0039, 0040. CONDI- TIONAL USE PERH[T. PUBLIC HEARING. City Planner, Mark Koegler, reviewed the applicants request for conditional use permit approval For a Subway Sandwiches and Salad Shop. The proposed establishment will share the building with the video ~tore at 5307 Shoreline Blvd. The parking requirements For the combined video store and restaurant is l0 spaces which is easi'ly met by on-site parking. StaFf recommends approval of the conditional use permit to estab- lish a Subway restaurant subject to the following conditions: The microphone and order board shall be moved to the south- west corner o¢ the parking along the west side o¢ the build- ing allowing a minimum o¢ 120 feet o¢ stacking distance For waiting vehicles. The microphone and order board shall be protected by a raised bituminous or concrete median area with a 6 inch curb. Planning Commission Minutes April 10, 1989 Page Three A four foot wide, bituminous curbed median section will ~e constructed alc~g the south edge of the property estaD- lishing a full movement entrance/exit on the west end and exit only on the east end. The east end shall be signed "Exit Only". Parking along the south sloe shall be stalled at a 45 degree angle. All signage shall conform to the Mound Sign Ordinance. The public address system shall not be audible from any residential u~e an~ shall meet all State noise requirements. All ~arking stalls ~hall be sized to meet city code. All parking stalls shall be clearly delineated by painted lines and shall be repainted as necessary to remain functional. A bituminous or concrete curbed raised median area shall be constructed as shown on the site plan at the southeast corn. net of the building to separate drive-in traffic from south- bound vehicles along the east side of the property. The median should contain reflector signage to enhance visibi!ity. Painted stripes shall be used to delineate the drive-through aisle area. The striping shall be repainted as necessary to maintain the area's function. A trash enclosure shall be constructed consistent with city code requirements. 10. A performance bond for the physical improvements in an amount established by the City Engineer shall be forwarded to the city prior to building permit issuance. The applicant shall prepare a new site plan consistent with the final recommended conditional use permit and submit it to the City Planner for review and approval prior to build- ing permit issuance. The applicant, Tim Johnson, spoke on his behalf and stated he does not have any problems with the staff recommendation· It was determined that.-the entrance on Wilshire Blvd. is also an exit. Chair Meyer opened the public hearing, however no one was present to speak on the issue. MOTION made by Michael, seconded by Welland, to approve staff rec~,~lendation. Motion carried unanimously. This case is scheduled to appear before the City Council on April 11, 1989. Planning Commission Minutes April 10, 1989 Page Four Case No. 89-808: David & Viroinia Herzenach. 5.01 Woodland RoaO~ Block 12, Lo~s 23 & 24~ WooOlanO Point, PlO #13-117- 24-12-0209 SIDE AND REAR YARD SETBACK VARIANCE. Building OFFicial, Jan Bertrand, reviewed the applicants reauest. The applicant is proposing to construct a I8' x 25' detached garage 6" from the east/SlOe and 6" from the south/rear property lines. The require0 si0e and rear yar0 setbacks are 4 feet with a 5 foot setback from the house. Staff recommends approval of a 3 foot side and rear yard variance to construct an 18' x 25' detached accessory building witm a l foot setback to the east and south property lines umon the fol- lowing conditions: They provide rain gutters to divert water run-off away from the adjacent property. 2. The walls of the accessory building within 3 feet of the property ]ine shall be constructed to meet the Uniform Building Code for a 1 hour Fire resistive construction· 3. The eave dimensions be limited to 6 inches or less. Mr. Herzenach spoke on his behalf, and stated his neighbors garage is 3' from their property line on the east side. He added that they would ]ike to construct the garage with a 2 foot over- Hang which would create 2 to 2-[/2 feet between the overhangs· Weiland commented on the hazard this would create for firefigh- ters with the buildings so close. The Commission discussed pos- sible alternatives for the placement of the garage, and the pos- sibili~y of reOucing the size requested. Mr. Herzenach stated that the .depth of 25 Feet was to allow a 5 foot area with a workbench. The Commission agreed that the proposed setbacks were too close·.- MOTION made by Thal, seconded by Michael to approve staff recommendation. The commission discussed with the applicant other alternatives and offered them a chance to return with a new plan. They agreed to research their options. MOTION withdrawn by Thai and Michael. MOTION made by Thal, seconded by Clapsaddle to table the variance request until the applicant can research other al- ternatives. Motion carried unanimously. The Commission informed the applicant that they wi I 1 hear the case again in two weeks if they. have a revised plan by that time. Planning Commission Minutes April 10, i989 Page Five Case No. 89-809: Jack Cook, 4452 Denbioh Road~ Block Iv Lot 2~ Avalon, PID #4.9-117-23-24-0002. VARIANCE. City Planner, Mark Koegler, reviewed the history of this case. Resolution #87-191 was granted in October of 87 which included a variance to allow an attached deck with a walkway within zero Feet to the side property line at the west. This deck was al- lowed under the condition that the deck elevation be reduced to within 30 inches from existing ground level with a stairway from the patio door down to the )ower deck, proceeding at ground )eve) to the lakeside, and then a stairway to the elevated deck begin- ning at the 3.? foot buil¢ing setback 1ire. Mr. Cook is request- ing a variance to allow this deck to be maintained at a con- tinuous level above grade. The City Planner concluded that this is the same request that the Planning Commission and City Council denied in November 1988, and added that staff does not find that any new material has been presented in sumport of overturning the previous unanimous decisions. -. Staff recommends denial oF the variance, and if denied, the ap- plicant will be required to comply with the findings outlined in Resoluti.on #B?-191. Smith Questioned the applicant, Jack Cook, if he has removed the t foot encroachment onto the property to the west, Mr. Cook in- formed the Commission that the deck has not been altered and still encroaches onto the west property line. The applicant, Jack Cook, spoke on his behalf and stated that his neighbor, Sandra Konnad has agreed that a deck at a continuous level would look better. Mr. Cook added that he believes to lower and then raise his deck over a distance creates a hazardous and unsafe condition. MOTION n~de by Smith; seconded by Sohns to approve the staff recon~nendation for denial of the variance. Motion carried unanimously. Case will be heard at the City Council meeting of April 25, 1989. Case No. 89-8]0: Paul Olson, 2636 Wilshire Blvd., Lot 2, Wilbur K. Palm Addition~ PID #24-117-24-13-0027. AND FRONT YARD SETBACK VARIANCE. SIDE YARD The Building Official, Jan Bertrand, revieWed the applicants proposal to add a one story single vehicle garage onto a single vehicle attached garage with a second floor, and a one story ad- dition to the southeast side of the house For a kitchen expan- sion. The garage would be ]0 feet to the northwest side yard and Planning Commission Minutes April lO, 1989 Page Six IO feet to the southwest Front yard creating a 20 Foot front yard variance. The kitchen expansion would be approximately 4 feet to the southeast side yard creating a 6 Foot side yard variance and 45 feet to the lakeshore creating a § foot lakesiOe variance. County Road #125 has the paved surface of the road approximately 24 Feet From the proposed garage aOdition, however, there is a storm sewer system to the northeast of the pavement. Staff recommends only the one story garage addition to afford the owner reasonable use of their property upon the condition that the existing dwelling is above the Ordinary High Water Elevation of 933.5 N.G.V.D. for Lake Minnetonka and it does not interfere with the storm sewer system. Staff would recommend denial of the kitchen addition encroachment into the required side yard setback which m~y require rearrangement of the interior layout of the dwelling to allow For a larger kitchen. The kitchen addition would only extend toward the lake another 4 feet which is fairly insignificant compared to the proposed side yard setback. Scott Moen, Attorney spoke on behalf of the owners, Dee and Paul Olson. Mr. Moen informed the Con~nission that presently there is .~. a carport where the Proposed garage will be constructed. He also noteO a change in the kitchen expansion, they have re-designed the addition to encroach only 3'5" to the southeast side yard, therefore they are requesting only a 5'?" variance. Mr. Moen added that with this addition they will be 28' From the neighbors house. Mr. Moen read a letter From the owner, Paul Oison, since he was unable to attend. The Commission discussed alternatives for the kitchen expansion, noting that there is plenty of yard space on the Front of the house For an expansion. Thal commented that he is opposed to the garage expansion. Jensen explained if the OIsons were to place a detached garage with the door facing the side lot line they are allowed tQ' place the structure 8 feet From the front property line.. MOTION made be Sohns, seconded by Clapsaddle to approve staff recommendation. Motion carried with seven in favor (Sohns, Weiland, Meyer, densen, Clapsaddle, Smith, and Michael), and two opposed (Andersen and Thai). David Ruby, contractor For the Olsons, stated that he feels the Commission is inconsistent with their decision making. The Com- mission discussed giving the applicant another chance to review their options For a kitchen expansion. MOTION withdrawn by Sohns and Clapsaddle. Planning Commission Minutes April lO, lgBg Page Seven HOTION made by Smith, seconded by Sohns to table the variance until ~he applicant can further explore their op- tions for a kitchen expansion. Motion carried unanimously. This case will be heard by the Planning Commission at their meeting on April 25, 1989. g. Case No. 89-811: Jon R. Nelson? 5545 Three Points Blvd. t Part of Lot 27 & Part of Govt. Lot a, Lafayette Park Lake Minnetonkat PID #i3-117-24-22-0023. PRELIMINARY PLAT (PUBLIC HEARING), and h. Case No. 89-812: d'on R. Nelson? 5545 Three Points Blvd. t Park of Lot 27 & Part of Govt. Lot 4t Lafayette Park Lake Minnetonka~ PID #13-117-24-22-0023. CONDITIONAL USE PERMIT AND VARIANCE (LOT SIZEt LOT WIDTH? AND SIDE YARD SETBACKS) (PUBLIC HEARING). City Planner, Mark Koegler, reviewed applicant's requests: preliminary plat, conditional use permit, side yard setback variance, driveway width variance, lot size variance, lot width variance and curbing materials variance. The applicant is proposing to construct a three unit townhome, in 1983 the City approved the construction of a 9 unit condominium on this property· The current proposal features three units located toward the rear of the parcel on Block 2. The plan meets all off street parking requirements· Staff recommends approval of the preliminary plat for Harrison Shores Addition dated March 21, 1989, approva) of the conditional use permit and approval of the lot area variance for Block I, the lot width variance for Block 2 and the driveway width variance subject to the following conditions: The approval is gra'nted consistent with the plan labeled "Site Plan With Grading & Utilities" dated March 2l, 1989. The applicant shall submit a detailed landscaping plan for the site identifying the proposed locations of all plant materials. Additionally, the plan shall identify the genus and species of all plant materials, size at installation and root form.. The landscaping plan shall be submitted and ap- proved by the City Planner. Grading, drainage and utility plans are approved consistent with the recommendations of the City Engineer. Grading and drainage plans shall be reviewed and amproved by the watershed district. Planning Commission Minutes A~ri 1 10, i989 Page Eight All Dy-laws, home owners articles of incorporation and protective covenants shall be reviewed and approved by the City Attorney and fi]ed with the final plat. Park dedication Fees shall be paid in conformance with Sec- tion 330:i20 of the Mound Subdivision CoOe. 7. Proposed docks shall be revieweO and approved by the LMCD. Easement documents granting the City of Mound permanent easement rights to the pump house property shall be prepared at the expense of and by the appl ican%. Such Oocuments shall be reviewed and approved Dy the City Attorney. Sohns clarified the City Planners recommendation as recommenda- tion for approval of the proposal only excluding the side yard setback variance and the curding materials variance. The curbing materials variance recommendation came from the City Engineer. Discussion was raised regarding Block 1. Should it be allowed to be separated from the development? it could be re-zoned in the future to allow residential construction; it is a Duildable lot if the plat is approved. Jim Carver, Developer, introduced 'himself as representing don Nelson. Dave Morse spoke on behalf of the development. Morse is not in favor of moving the driveway entrance as the City Engfneer has proposed. He stated that Lafayette Lane is encroaching on the proposed Block I. in response to the City Engineer's request to keep the drive at or below a grade of 8% as determined by or- dinance, Mr. Morse compared City Hall's driveway entrance to his proposed drive which presently has about an 8-t/2% grade. He would like the driveway to stay where it is because moving the drive would make Block ! smaller. Morse explained their inten- tions are ko curb only the north side of the property. He stated it would De more difficult to blow snow with curds on Doth siOes. He also compared curding to the townhouses next door which do not have curds. Drainage was discussed. Morse explained the reason for two 4.5' side yard setback variances. This was proposed so three qualit~ units could be constructed in the space provided. Morse referred to the Public Works Director's recommendation to loop the 6" water main. Morse argued his reasons for not wanting to loop the main: it is cos~ly, other Oead end watermains are not flushed regularly and the water is good, he lives on a looped main and says his water is not good. Planning Commission Minutes April 10, 1989 Page Nine Dave Feerhusen, who was hi red to market the proposed property, spoke on the qual ity of the townhomes which they want con- structed. Dell Rudolph, a resident of Port Harrison Townhomes spoke on be- half of their Association. He explained their concerns pertain to the docks. He added they met with Dave Morse and he told them they would make sure their view would not be obstructed by boats or canopies. He also agreed to riprap the shore· Sylvia Ogren, of [756 L~Fayette Lane, explained that her back yard abutts what will be the driveway, on the north side. She is concerned with snow dumping, does not want it on her yard. She also requested that her shrubs, on the property line, be moved. The Commission reviewed each of the variances separately and tooR' a show-of-hands on each. Lot Area Variance, Block ! - There was discussion regarding disconnecting Block ! From the subdivision. The Commission was fn favor 7-2. 2. "Neck Lot, Block 2" - The Commission was in favor 7-2. Side Yard Setback - The Commission was not in Favor of the side yard variance 4-5. The Commission discussed denying the variance for Financial purposes. 4. Driveway Width Variance - Unanimously in favor. Curbing Materials Variance - The Commission agreed that one curb on the north side would be sufficient, but the material should be concrete. 'The Commission agreed that engineering should determine the placement of the curbing. The Commis- sion was unanimously in favor. Looping the Main - The Commission agreed that they shouJd not be making this decision, this should be done by the En- gineer. 7. Driveway Entrance - Should be addressed by Engineer. Planning Commission Minutes April ]0, 1989 Page ten The Commission made several motions which failed. to make a series of mo~lons for the case. They concluded MOTION m~de by Smith, seconded by Clapsaddle to approve the preliminary plat. Motion carried unanimously. MOTION made by Smith, seconded by Clapsaddle to approve the conditional use permit. Motion carried unanimously. MOTION made by Smith seconded by Clapsaddle to approve the lot area variance for Block 1. Motion carried with seven in favor (Andersen, Thai, Meyer, Jansen, Ciapsaddle, Smith, Michael), two opposed (Sohns and Weiland). MOTION made by Smith seconded by Clapsaddle to approve the "Neck Lot, Block 2" lot width variance. Motion carried with seven in favor (Andersen, Thal, Meyer, Jansen, Clapsaddle, Smith, Michael, Weiland), one opposed (Sohns). MOTION made by Smith, seconded by Clapsaddle to approve the side yard variances for 4.5 feet on each side. Motion failed with four in favor (Meyer, Clapsaddle, Smith, Andersen) five opposed (Sohns, Weiland, Thai, Jensen, Michael). MOTION made by Thai, seconded by Smith to approve the driveway width variance. Motion carried unanimously. MOTION made by Anderson, seconded by Clapsaddle to approve concrete curbing on the east side. Motion carried unanim- ously. MOTION made by Clapsaddle, seconded by Andersen, to approve the staff recommendations items I through 8 and Engineer's recon~endation items 2, 4, 5, & 6. Motion carried unanim- .ously. This case will be heard by the City Council on May 9, 1989. Case No. 89-804: Mark and Stacey Goldbera, 4853 island View Drive, Lot 4, Block 14. Devon, PID #25=] 17-24-11-0037. VARIANCE: Nonconformino lot, side yard setback, and front yard setback· Building Official, Jan Bertrand, explained the status of Mr. Goldberg's property since Resolution #89-33 was granted for several variances to allow additions and remodeling. She in- formed the Commission that Mr. Goldberg began removing walls etc. at the subject property, without a permit, and Mr. Goldberg claimed he was unaware a permit was needed for demolition. While demolishing some walls, the house caved in and they discovered Planning Commission Minutes A~ril ]0, ]989 Page Eleven the house did not have proper frost footings and garage walls did not have any footingsFFat all. Thai commented that :he visited the site with the Builcling Official. Thal exp]ained that a variance i s needed for Mr. Go I dberg to re-bu i 1 d the home i n the same footpr int. The contractor, Mr. George Lutz was in attendance to represent Mr. Goldberg who was out of town. He attested to the Building Official's comments regarding the structure and agreed that it would cost approximately the same to re-build a new home than to repair the existing. He also added that the building would have to meet current bui ldiog codes if it were new construction, whereas the existing structure only has to meet the codes of the Oate which it was constructed. The Commission discussed the options available for the applicant now that he can re-build. They agreed that he could design his home so it was less infringing, Now that the chimney will not be' protruding through the middle of the house, the Commissioners discussed moving the proposed structure Further from the road, closer to the lake, further from the west .lot line, and closer to the east..lot ]ine. The steep slope on the lakeside was dis- cussed. Mr. Lutz agreed to discuss proposing a new plan with Mr. Goldberg. The applicant will bring the new proposal to the April 24, 1989 Planning Commission meeting. DNR Aoplication #89-6330 for installation of riprap at Lakewtnds. The Planning Commission did not voice any objections to the riprap application. Council 'Representative Report. Jensen briefly reviewed the City Council meeting of March 28, 1989. MOTION made by Andersen, seconded by Weiland to adjourn the meeting at 12:11 p.m. Motion carried unanimously. Chair, Bill'Meyer Attest: MINUTES OF A MEETING Of THE MOUND ADVISORY PARK COMMISSION AT AL & ALMA'S April 13, 1989 Present were: Chair Marilyn Byrnes, Commissioners Cathy Baily, Tom Casey, Neil WeDer, Nancy Clough, Steve Burke, and Brian Asleson; Council Representative Phyllis Jessen; Park Director Jim Fackler; City Manager Ed Shukle, and Secretary Peggy James. Ab- sent and excused was: Commissioner Shirley Andersen. The Following persons were also in attendance: David Ryan, Susan Ryan, Linda & Gary Carlson, Ron DeVinney, Mary DeVinney, Alice Rogers, Glenn Rogers, Shelly Berglund, dulAnn Hunter, Cynthia Shepherd, Phil Shepherd, Mayor Steve Smith, Harold Meeker, Mark Anderson, R. Hartman, Shirley Spraguer, Gregg Borer, Annette Borer, Richard Gelhage, Keith Harreil, Janet Nelson, Douglas Nel- son, Robert Hanus, Sheila Smith, Bob Smith, Daryl Geyen, Merritt Geyen, Debra Carlin, and Skip Johnson. Chair Byrnes called the meeting to order at 7:02 p.m. Minutes The minutes oF the Park Commission meeting oF February 9, were presented For changes and/or additions. 1989 MOTION made by Casey, seconded by Bailey, to approve the Park Commission Minutes of March 9, 1989 as submitted. Mo- tion carried unanimously. Mayor Smith announced to the citizens that on April ]Tth on Triax Cable Channel 20, there will be a live call-in TV show relating to the Westonka School District's finances and explained they are looking For citizen input. He added they are looking For volun- teers to t~ke part in the studio audience, iF they are interested the program will originate From Westonka Studio Theater in the Westonka Community 'Center and persons should be seated no later than 7:30 p.m. Reouest to sell City owned property: Devon. Lots 13 & 14, Block It was recommended at the last Park Commission Meeting that this request be delayed until the neighbors are notified oF the proposed sale, to allow the neighbors to express their views on the Future oF this property. It is the intention oF the Park Commission to see that this land is not developed. Park Commission Meeting April 13, ]989 Page Two Janet Nelson, 4828 I~land View Drive, lives across the street from the subject lot. She stated she would like the lot left un- developed. The lot is a home to a lot of birds. The lot is also full of debris from the new construction next door and over the years has accumulated an excessive amount of brush and other debris. It needs to be cleaned up. The proposed buyer of the Property, Shirley Spraguer, 4817 Hanover Road, stated they want to purchase the lot to ensure that it is not developed. The Commission argued they have no way o4 enforcing this lot not be developed, it could be sold at any time. If the City retained the property, who would clean it up? It was suggested the City do initial cleaning, then the neighbors main- tain. it was also suggested that a small 1' x 2' sign be posted. stating "No Dumping", and "Nature Conservation Area" MOTION made by Weber, seconded by Clough, the Park Cmts- sion recommends the Ct.ty Council retain Lots 13 and 14, BlOCk 1'1, Devon, as a passt've park. The property should be posted with a sign stating "No Dumlng, Nature Conservation Area". The property will initially be cleaned by the City, and the Building Inspector will contact the builder to clean his debris from the lot. Motion carried unanimously. This recommendation will be referred to the City Council at their meeting on April 25, 1989. 3. Gather public input 'reqarding Chester Park This publ'ic meeting was called to gather neighborhood input regarding Chester Park's .future. Glenn Rogers of 5116 Waterbury Road, informed the Commission that the plaque on the rock was for his son and the Park was named Woodrow Rogers Beach. Mary DeVin- ney has the plaque that was on the flag pole, next to the rock, which was dedicated to her son. Both parties had no objections to moving the memorials to the edge of the park. There was dis- cussion regarding the history of the park and beach. Shelly Berglund stated she would like a cleaner beach and more playground equipment. It was also suggested a fence be in- stalled. A fence would help keep patrons from Al &A)ma's out of the park. Ron DeVinney had a complaint about the buoys and the p)acement of them. Some residents agreed a dock or platform should be installed, they said there was a)ways one or the other installed in the past. Park Commission Minutes April 13, t989 Page Three Merritt Geyen, owner'of A1 & Alma's, spoke on the issue of the park, stating they do a lot of maintenance. She claimed the weeds were so bad last year that they could not kee~ up with them and had trouble disposing of them. She is willing to work with the neighbors, and if they want a Fence she will install one. She wants to work with the neighbors. Chair Byrnes suggested forming a study group involving neighbors and representatives From the City, the Park Commission, and A1 Alma's. A sign-up sheet was passed around for those interested to take part in a study group. 4. Recreation Section - ~rehensive Plan Update City Planner, Mark Koegler, explained that this draft of the Recreation Section does not include the school sites, he has not been able to touch base with the school principal yet. He asked For any questions or comments From the Commission. He also ex- plained that the Park Director is going to update the status of ali the parks showing what park equipment each park has. The Park Director added that he and the City Clerk are compiling sec- tion mams highlighting all the city owned parcels. Commons were discussed and how they relate to parks. Weber suggested that on page R-32 an item 8 be added stating, "Establish and implement a recreational plan For the wetlands." This is encouraged to develop walkways through the wetlands. 5. Park Dedication Fees City Planner, Mark Koegler, submitted a recommendation to the Park Commission stating that they recommend the City Council adopt a resolution identifying a $500.00 per unit park charge. Along with this recommendation, the City Planner included a list- ing of the surrounding cities and their park charges. These charges average around $500.00 per unit. MOTION made by Clough, seconded by Bailey,-a recommendation to the City Council to adopt a resolution identifying a $500.00 per unit park charge. Motion carried with seven in favor (Clough, Byrnes, Asleson, Casey, Burke, Bailey, and dessen), and one abstained (Weber). Park Commission Minutes April 13, 1989 Page Four The City Planner revf~ewed the preliminary plat proposal at 5545 Three Points BIvd, LaFayette Park Lake Hinnetonka, Part oF Lot 27 & Part oF Govt. Lot 4. He explained that they are proposing to collect a park Fee For this develooment since according to the plan there is no pressing demand for land in that location. The Commission had no objections. 6. DNR Application #89-6330 'for riprap at Lakewinds MOT[ON made by Weber, seconded by Jessen, to approve DNR AI~- plicatton #89-6330 ~for riprap installation at Lakewfnds. Motion carried unanimously. 7. 1989 Commercial Dock License~ The t989 Commercial Dock Licenses For Lakewinds, Minnetonka Boat. Rentals/Edgewater Marina, Seahorse Condominiums, and Chapman · Place were reviewed. MOT[ON made by Weber, seconded by Asleson, to recommend ap- prOval 'the t989 Commercial' Dock Licenses.· Motion carried unanimously. Council Representative Report Council Representative Phyllis Jessen reported that she received a request From a citizen to have puppet shows in the parks with a religious theme. She also reported that the City Council agreed with the proposal to have the police meet with the Con~nission or a subcommittee regarding snowmobile/vehicle accesses through the parks. The City Council aisc agreed that the wetlands recrea- tional use Fall under the direction oF the Park Commission, however there was no motion or resolution adopted. Park, Director's Report Park Director, Jim Fackler, reported that they are in the plan- ning stage For their Float in the City Days parade. He reviewed the meeting regarding the County Road 15 BeautiFication Com- mittee. The new park equipment is on its way. The summer crew will now be starting work again. They received the materials for signs, there should be enough materials to have signs in all the parks. Park Commission Minutes Aoril ~3, 1989 Page Five Dock Inspector's Report Jim Fackler, Park Director, gave the Dock Inspector's Report. He explained that they are in the process oF surveying all the dock sites to determine which ones are usable due to the low water. The Commission determined that the 1989 Park Tour will be in July. MOTION made by Bailey seconded by Clough to adjourn the meeting at I0:30 p.m'. Motion carried unanimously. LAKE MINNETONKA CONSERVATION DISTRICT REGULAR MEETING TONKA BAY VILLAGE HALL March 29, 1989 The regular meeting of the Lake Minnetonka Conservation District was called to order by Chair JoEllen Hurr at 7:35 P.M., Wednesday, March 29, 1989, Tonka Bay City Hall. Present. Chair JoEllen Hurt, Orono; Vice Chair Tom Reese, Mound; Bert Foster, Deephaven; James Grathwol, Excelsior; Robert Pillsbury, Minnetonka; John Lewman, Minnetrista; Robert Rascop, Shorewood; Robert Slocum, Woodland; Attorney Charles LeFevere; Executive Director Gene Strommen; Sgt. Wm. Chandler, Water Patrol; David Arndorfer, Consultant. Absent: David Cochran, Greenwood; Jan Boswinkel, Secretary, Minnetonka Beach; Ron Kraemer, Spring Park; Marvin Bjorlin, Tonka Bay; John Malinka, Victoria; Mark Westlund, Wayzata. APPROVAL OF MINUTES: It was moved by Reese, seconded by Foster, to approve the minutes of February 22, 1989 as amended to show Rascop and Slocum present. Motion carried unanimously. It was moved by Reese, seconded by Srathwol, to approve the minutes of February 25, 1989 as mailed. Motion carried uanimously. It 'Was moved by 'Grathwol, seconded by Reese, to approve the minutes of March 11, 1989 included the adoption of Ordinance 101, as mailed. Motion carried. Rascop abstaining as he not present. PUBLIC COMMENTS: Duane Markus, Wayzata, requested he be called upon at the time the Wayzata Yacht Club Temporary Dock Extension and Mooring area permits are discussed. William Hammoch and Fred Ouirsfeld, Wayzata Yacht Club members asked to speak at the time the Wayzata Yacht Club Mooring permit.is discussed. Chair Hurt acknowedged their requests. REPORTS: A. CHAIR HURR REPORT 1. Chair Hurr reported Mark Westlund, Treasurer (Wayzata) has submitted his resignation and nominations for Treasurer were opened. It was moved by Hurt, seconded by Rascop, to nominate John Lewman (Minnetrista) to the o+fice of Tregsurer. There being no further nominations, it was moved by Pillsbury, seconded by Grathwol, that nominations be closed and John Lewman was elected Treasurer by acclamation . It was moved by Hurt, seconded by Rascop, to adopt Resolution No. 66 authorizing the signature of the Treasurer and one o+ficer on all checks and in the absence oK the Treasurer the signature of any two o{{icers. Motion carried unanimously. The Treasurer will review ail bills submitted for payment. 2. Hurr stated Consultant Arndor~er will be authorized to travel to conferees' locations in lieu of the March conference, initially approving travel to Hadison, Wisconsin and all other travel subject to in advance approval o~ the Chair. 3. Hurr reported the Annual Dinner will be held on April 19th at Lord Fletchers, Invitations have been sent to leoislat0rs, city 0fficimls,and persons 'interested in the activities of the District. 5he orge~ Board memOers to attend. Board seating will be arranged mixing Board me~.bers to give the maximum exposure to the guests. Board members are invited to purchase their tickets, $7. of the $25. going to "Save The Lake" proceeds. Tickets will be provided all Board members upon reservation regardless of payment. A guest is at the Board member's expense, show in reservation. It was also noted that complimentary tickets to,select invitees are non-transferable. 4. The Public Hearing for Minnetonka Boat Works (Orono) special dens~ty and new dock license will be held on April 8, 1989 at ?:50 A. M. followed by the "Dock" Committee meeting. A Public Hearing for Minnetonka Boat Works (Wayzata) Special Density and new Dock License will be held on April 17, 1989 at 4:30 P.M., followed by the Lake Use Committee meeting. 5. Hurt reported Strommen has a presentation with the Long Lake Chamber of Commerce; Hurt will be speaking to the Citizens' League about Lmke Minnetonka environmental matters, and Hurt and Strommen will be panelists on a West Tonka Chamber of Commerce meeting, April 20. All meetings will be reported back to the Board. B. TREASURER/FINANCE 1. Strommen submitted a Fiancial Condition Report as of February 28, 1989. Money received for the Eurasian Water Milfoil fund has been invested in short term jumbo certificates of deposit earning 9%+ per day. It was moved b~ Rascop, seconded by Grathwol, to approve the Financial Condition Report as.submitted. Motion carried unanimously. -. 2. Strommen submitted bills for approval in the amount of $27,730.54 for Board review and approval. It was moved by Grathwol, seconded by Rascop, to approve the payment of the bills as presented. ~Motion carried unanimously. C. STANDING COMMITTEES 1. WATER STRUCTURES AND ENVIRONMENT, Director Grathwol for Chair Cochran After discussion with the City 'of Greenwood and Mr. Toberman, the St. Alban's Bay Marina variance application was layed over to the April meeting. a. It was moved by Rascop, seconded by Foster, to approve the minutes of the March 18, 1989 meeting as corrected to show that Slocum was in attendance. Motion carried unanimously. b. Rosenblum/Ulr.ich Public Hearing Report. It was moved by Grathwol, seconded by Rascop, to approve the dock installation over wetlands as recommended by the Committee subject to installation with hand tools, not allowing heavy equipment in the wetland area, to a length not to exceed 135'. Motion carried unanimously. c. Wayzata Yacht -Club Temporary Dock E~tension. It was moved by Grathwol, seconded by Rascop, to approve the temporary dock extension requested by the Wayzata Yacht Club to 225 feet (200 feet present dock, 25 foot temporary dock). It is a minor adjustment, consistent with other permits granted, subject to the conditions same as other temporary low water extensions. Duane Markus, Bushaway Road, stated he has no objection ~o this permii but would like to work with the Board and Club to consider an alternative plan he has which would eliminate the buoy field and give an additional 24 slips with some minor dredging. There being no other comments, the vote on the motion was unanimous. 2 d. Wayzata Yacht Club District Mooring Area Temporary Extension It was mbved by Grathwol, seconded by Pillsbury, to accept the recommendation of the Committee to grant the Wayzata Yacht Club an extension from 400' to 850' for their district mooring area. Discussion: Their mooring area is unique. The low water level prohibits their boats fitting in the present area and the extension will permit the boats to be moored with 1-1/2' water under the keel. Bob Albrecht, Way,ara Yacht Club member, addressed the purpose of WYC as a benefit to the use of ~e lake. Two-thirds of their members will not be able to use their facilities this year if denied. Even with adoption of this proposal, 1/2 of the members will not be able to use the marina this year. Allison Johnson, WYC member, is a 4' draft boat owner. Membership has resulted in his activities in areas involving the lake other than sailing. This becomes a life-style which he will lose if request denied, along with the use of a considerable investment. Duane Markus, Bushaway Road, spoke in opposition to the permit. He stated that in 1987 the WYC received a temporary permit to move from 400' to 700' and in lg88 asked to again temporarily move from 400' to 700' and were moved back to 609' - now they are asking for 850', including the swing. Buoys out 850' are a navigational hazard with no way to light them. This will have an adverse affect on his property value and will set a precedent. He suggested the possibility of litigation as well as possible conflict of interest by two Board members. He suggested bringing the dock out further, brought into the discussion the City of Wayzata stipulations and suggested this will prevent water skiing in the area. Hurt responded to the question of lighting that the buoys must meet state standards for reflectorization. She further stated that two out of fourteen members .on the LMCD Board does not create a conflict of interest. Leon Tyler, WYC member, expressed distress that one individual can threaten the Board and deny access to people who do not live on the lake. Keith (nln), WYC member, stated sailing is a life style and WYC will be sacrificing a lot. Aesthetics is not a trade-off to denying the lake to 22 members. Bill Hammoch, Treasurer, WYC, stated that if they do not get the 22 buoys it will be an economic hardship and have a negative impact on the racing program. Larry Leistiko, WYC member, pointed out that more than 22 people are involved considering the people who crew the boats and use the boats for up to 60 races. Fred @uirsfeld, WYC member, seconded the impact on a large number of people. .' Responding to a question from Reese, Albright stated he is confident 850' will be sufficient even if the lake goes down further. Responding to a question from Markus, Spt. Chandler stated this area of Wayzata Bay is the quietest, has a small mccess, navigational problems woEld be minimal and he does not see a problem at this time. A letter from the City of Wayzata dated March 28, 1989 to the Board set out its six conditions for an LMCD dock renewal of 1989. Grathwol stated the conditions refer to the dock license rather than the ~ooring permit. Attorney LeFevere stated the Board looks at the concerns a city have but does not delegate authority to the City. The Certificate of Compliance gives the Cities a 45 day opportunity to respond to the actions. might Zoning Board's Grathwol addressed the Question o{ conflict o{ interest by stating it is a matter to be treated ~eriously, he has been a member of the WYC, has been in litigation for and against al! of the cities represented on the Board except Wayzata, Hinnetonka and Wood!and in thirty years of legal work. Rascop indicated opposition to the permit because: 1) He believes if this mooring permit is approved the City of Wayzata may deny the dock license.2) This will inferrer ~ikh the operatior o~ the ramp. 3) The L~CD ~ould be subject tO criticism from the Department of Natural ~e~ources for letting one group take so much water out o~.~he public domain. ~esponding to a question o~ Lewman, it was stated that a private property owner, under certain circumstances, could go out as far as 800' with the approval of the Water Patro! which considers 1-1/2' below the bottom of the boat reasonable, if there is no navigational hazard. Hurt stated she wiI1 support the permit becauee the neighbors still have their rights to 700' of water between them and the WYC, we are all taxpayers and 22 boats is not a large enough number to deny. Reese said that considering' 1/2 the members cannot put their boats in, the WYC is ~acrificing and he understands they wi!! not come back again ~or a further extension if the water level goes down further. MOTION RESTATED: It was moved by Grathwol, seconded by Pillsbury, to approve the temporary mooring area e~tension recommended by the Committee for one year; under the same conditions as long as the water is below the 929.4' rule, this involving 22 boats with a swing not to exceed 850'. Hurt, Reese, Foster, Grathwol, Pillsbury, Slocum voted aye. Rascop and Lewman voted .nay. Motion carried. e. City of Excelsior and Dennis Boats (Tonka Bay) Temporary Dock Extension. It was moved by Grathwol, seconded by Pillsbury, to approve the temporary dock extension for the City of Excelsior and Dennis Boats (Tonka Bay) as submitted because it is consistent with others granted. Motion carried unanimously. AGENDA CHANGE: The Board agreed to change the agenda order to accommodate members of the public in the audience. 5. O. Special Committees a. EURASIAN WATER MILFOIL TASK FORCE, Chair Reese The Board received a report of the bid opening for aquatic weed harvesting equipment opened at 10:00 A. M. Wednesday, March 29, 1989, a complete copy of the report and bid summary attached hereto. A summary follows: BIDDER TOTAL BID Aquarius Systems, North Prairie, WI $~28,500. Aquatics Unl.imited, Martinez~ CA 456,8?5. Inter, national Science & Technology 352,000. United Marine International, Waterloo, NY 379,200. Based on the factor of price, delivery date, parts and service as well as the flexibility, as noted in the report, the Chair and Committee Chair recommend awarding the bid to United Marine International. It was moved by Reese, seconded by Rascop, to award the contract for three prop driven and two paddlewheel weed harvesters to United Marine International, according to specifications and subject to review of the contract by the Board's attorney. Motion carried, Pillsbury abstaining. . 4 b. Fund raising status report. received to date: Small pledges Outstanding small pledges Pledged from Cities Major Contributors Outstanding Major Contributors Strommen reported the following funds $130,825. 10,000. 65,000. 300,000. 200, OD0 More funds will be needed for operation and it is important to continue the fund drive and publicit~z c. Status of bids for service contract. Reese reported bids will be opened on April 13 and all bidders are being notified of the type of equipment being purchased. d. Status report on legislation. Strommen reported response from the Senate sub-committee that heard the bill to fund a Department of Natural Resources support package and to hire a person to do a state-wide assessment of the weed problem in some 500 lakes is moving along favorably. Senator OIson has introduced an amendment for funding for weed control for 1990-1991 with a potential of $300,000 to the LMCD dependent upon Corps of Engineer matching funding. There is also p~oposed funding for the Freshwater Foundation for Eurasian Watermilfoil research. e. Project supervisor. Reese reported Hennepin County Department of Public Works has approved the contract to approve a project supervisor to work with the contractor. f. Hurt reported Hennepin County Parks will be announcing their cooperation in this project. ~ C. Standing Committees A. LAKE USE COMMITTEE, Director Foster for Chair Pillsbury a. Foster reviewed the minutes of March 18,. 1989 moving their approval, the motion was seconded by Reese and carried unanimously. b. It was moved by Foster, seconded by Rascop, to approve a Special Event Permit for the Westonka M.D.A. Committee to hold a crappie fishing contest on June 17, I9Bg, per their application. Motion carried unanimously. c. It was moved by Foster, seconded by Rascop, to approve deposit refunds to Birchview Elementary ice fishing contest 2/12/89 and Rollin B. Child, Inc. winter event 2/10/89. Motion carried unanimously. d. It was moved by Foster, seconded by Rascop, to approve the amendment to the permit for the Zuhrah Shrine Skippers Aquatennial Parade requiring they stay within a one foot wake on all areas of the lake, unless there are white caps on the lake, and maintain a minimum wake in the slow speed zones as well as having their route approved by the Water Patrol. Motion carried unanimously. Proposed Policy Statement re Regional Park. Hurt invited any interested member to join her in drafting a policy/statement toward the Hennepin County Park on Upper Lake Minnetonka for presention at the April meeting. Lewman expressed his interest. Lakeshore clean-up. It was moved by Reese seconded by Rascop, to approve a Public Relation release, to be prepared by the Executive Director, encouraging lakeshore clean-ups. Motion carried unanimously. It was moved by Foster, seconded by Rascop, to authorize the Board Chair and Lake Use and Dock Committee Chairs to select a Water Patrol Special Deputy from among candidates provided by Sgt. Bill Chandler for recognition at the April 19 annual dinner. Motion carried unanimously. 5 approved including Resources them. D. Special Committees 2. Advisory Committee a. It was moved by Reese, seconded by Grathwol, to approve professional service billing from David Arndorfer in the amount of $8,7~B. Motion carried unanimously. b. Arndorfer reported the Shoreland Protection draft has been by the sub-committee and advisory committee subject to some revisions definitions and terms. He Hill meet with the Department of Natural ~o discuss ~he draf~ and distribute to the cities and confer with c. Recreational use winter monitoring has had a good response of 60%- 70%. Rascop expressed the need to be aware of Hennepin Parks' plans for control of waters $00' from shore adjacent to the new park. The District should be prepared to respond. Ra.scop also asked that the winter monitoring report show the actual question asked in the responses. d. Arndorfer suggested two meetings devoted to Public Safety matters each year involve Police Chiefs, Water Patrol, Sheriff's Department and the Department of Natural Resources. Also two meetings with Police Chiefs are recommended to cover special event activities. Arndorfer suggested this could be started now as the chiefs welcome assistance. f. Arndorfer reported there will bm four sub-committee meetings in April and May and five in June, July and August. Directors were provided an invitation to participate. E. Executive Director's Report 1. Recording Secretary a. Recommendation to engage Juliene Weidner as recording secretary was presented. Meetings which the recording secretary would serve are: Meetinq Time Minutes Time Total Board of DireCtors - Public Hearings Water Structures/Environment Lake Use 3.0 6.0 9.0 .5 1.0 1.5 3.0 6.0 9.0 1.5 3.0 4.5 24.0 The Executive Director will continue to provide meeting summaries for the Ad¥isor¥ Committee. Rascop expressed concern on how this will impact the annual budget. At an average monthly cost of $350, the Executive Director projects the budget impact to be nominal. The potential for funding from "'Save The Lake" was suggested "in that the current Eurasian Water Milfoi! weed control program and fund raising effort is the major staff demand increasing the administrative work load. This· was not proposed as a funding source. · ' It was moved by Pillsbury, seconded by Foster, that Juliene Weidner, Deephaven, be engaged as an independent contractor to record and prepare minutes, as recommended, utilizing her own word processing equipment, at a $15 hourly rate. Motion carried unanimously. 2. Administrative Progress Consultant Frank Mixa is assisting in reviewing various dock license renewal applications to help maintain turn-around timeliness. Demand for staff support on the Eurasian Water Milfoil weed control program are presently focused on equipment and contract service bids. Organization of the weed control administrative operation is next up for organization with the assisting agencies to include Hennepin County Public Service and Hennepin Parks. 3. PriOrity meeting and exchanges summary was circulated to the Board. 4. The Minnesota Department of Transportation is holding the first public hearing in preparation of the replacement of the Gray's Bay Bridge and re- alignment of Highway 101. This will be held at the Minnetonka City Hall, 7:00 P. M., Wednesday, April 5. The project is up for i~plementation in 1991. 5. Legislative hearing of H.F.5~4, the Comprehensive Waters Bill, which contains funding for the Management Plan study, is up for consideration by the House on Thursday, March 30. The Executive ~rector will represent LMCD's interests, the DepaFtment of Natural Resources and Minnesota Water Resources Board being the major agencies which will administer the bill's provisions. It is a funding program with over $30,000,000 being requested. 6. Unfinished Business. Lake Use Committee Minutes It was moved by Ras¢op, seconded by Foster, to instruct the Board-°s Attorney to take whatever steps are necessary to change the blood alcohol content from .10 to .08 in in the BWI law if that change is made by the legislature in the DWI law. Motion carried unanimously. 7. New Business. There was no new business. 8. Adjournment. The Chair declared the meeting adjourned at 10:05 P. M. Submitted by: Jan Boswinkel, Secretary Approved by: JoEllen L. Hurr, Chair GEN OLSON Assistant ~linority Leader Senator, District ' ° 133 State Office Building St. Paul. ~nnesota 55155 (61-9) Z9~1252 Home: 6T50 County Road 110 West Mound. M{nnesota 55364 (612} 472-3306 Senate gtate of Minnesota April 14, 1989 To: Mound and Minnetrista Mayors, City Council Members and City Manager/Administrator From: Gen Olson ~. Re: S.F. 1129 - Requiring notice to DNR of any proposed vacation of public right-of-way, plat or easement, etc. that abuts on public water Enclosed is a copy of a bill in the form that is barely passed out of the Senate Environment and Natural Resources Committee to be re-referred to the Senate Local and Urban~Government -' Committee. The intent of DNR is to stop any vacation of land that can provide public access of one form or another to lakes in the state. This bill will be scheduled in Local & Urban Government Committee sometime before Wednesday, April 26. If you have any concerns about it or suggested changes that I could pursue as a member of that committee, please let me know. Re: S.F. 187 on mobile park change of ownership The bill in its present form creates a 90 day right of first refusal for mobile home park residents in a sale which would result in a park closing and provides 60 days notice to residents on all other sales. I'm not sure how this could or would affect the future of the mobile home park on County Road 110 West. The bill has the support of Spring Lake Park, Hopkins and Lake Elmo as well as a number of community organizations. Organizations representing cities have not contacted me about it. I'd appreciate knowing of your interests and/or concerns. COMMITTEES · Educatmn · Knvirrmment & Natural Res~mr:t.s · L,,,:'al & l.'ri~,:n G,~vcr:-.n:-_r.: · Pu}F, it Uuhtics & Energy · Education Funding Division 1 2 3 5 9 lO 12 13 14 15 3.9 2O [SENATE ] km SSl129SUB To= Mr, Lessar~, Chair Committee on Environment and. Natural Resources Mr. Novak, Chair of the Subcommittee on Public Lands and Waters, to which was referred ~ S.F. No. 1129= A bill for an act relating to natural res0urces~ requiring written notice to the commissioner of natural resources of the vacation of roads, highways, streets, alleys, and similar public grounds that terminate at or abut upon any public water~ amending Minnesota Statutes 1988, sections 161.16, subdivision 6~ 163.11, by adding a subdivision~ 164.07, subdivision 2~ 412.851~ 440.13~ 440.135, subdivision 2~ and 505.14. Reports the same back with the recommendation that the bill be amended as follows= Delete everything after the enacting clause and insert= "Section 1. Minnesota Statutes 1988, section 161.16, subdivision 6, is amended to read= Subd. 6. [VACATION.] When the definite location of any trunk highway takes the place of and serves the same purpose.as 21 any portion of an existing road, however established, the 22 com~!ssioner may make an order vacating such portion of the 23 road. A copy of the order shall be served upon the owners and 24 occupants of the lands on which is located the portion of the 25 road so vacated and, if the road terminates at or abuts upon any 26 public water~ a copy of the order also shall be served upon the 27 commissioner of natural resources. A copy of the order, 28 together with proof of service, or affidavit of publication if 29 the owners are unknown or reside outside the state, shall be 30 filed with the county auditor of the county in which such lands 31 lie. Any person claim£ng to be damaged by the vacation may 32 appeal at any time within 30 days after the service of the order 33 to the district court of the county for a determination of 34 damages, by serving notice of the appeal on the comm£ssio~er and 35 filing same with proof of service in the office of the court 36 administrator of the district court. The appeal shall be tried 37 in the same manner as an appeal from an award in proceedings in 38 eminent domain. 39 Sec. 2. Minnesota Statutes 1988, section 163.11, is 40 amended by adding a subdivision to read= [SENATE ] km SSl129SUB I Subd. 7a. [HIGHWAYS TERMINATING AT OR ABUTTING UPON PUBLIC 2 WATER.] By 30 days before the hearing on a resolution to vacate~ 3 disclaim, or extinguish a county highway or an interest in a 4 county highway that terminates at or abuts at a public water~ 5 the county board must serve notice of the hearin~ b~ certified 6 m~ail on the commissioner of natural resources. ? sec. 3. Minnesota Statutes 1988, section 164.07, 8 subdivision 2, is amended to read: 9 Subd. 2. [HEARING.] The petition shall be filed with the 10 town clerk, who shall forthwith present it to the town board. 11 The town board within 30 days thereafter shall make an order 12 describing as nearly as practicable the road proposed to be 13 established, altered, or v~cated and the several tracts of land 14 through which it passes, and fixing a time and'place when and where it will meet an act upon the petition. The petitioners 16 shall cause personal service of such order :o be made upon each 17 occupant of such land at least ten days before such meeting and 18 cause ten days' posted notice thereof to be given. In addition~ 19 the petitioners must serve notice of the order by certified mail 20 upon the commissioner of natural resources at least 30 days 21 before the meeting if the road to be vacated terminates at or 22 abuts at a public water. 23 Sec. 4. Minnesota Statutes 1988, section 412.851, is 24 amended to read= 25 412.851 [VACATION OF STREETS.] 26 The council may by resolution vacate any street, alley, 27 public grounds, public way, or any part thereof, on its own 28 motion or on petition of a majority of the owners of land 29 abutting on the street, alley, public grounds, public way, or 30 part thereof to be vacated. 31 32 33 34 35 36 When there has been no petition, the resolution may be adopted only by a vote of four-fifths of all members of the council. No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded by two weeks' published and posted notice. I._~ addition, if all or part of the street, alley, public grounds, or public way terminates at or abuts at a ~ublic water, a 15L / [SENATE ] km SS1129SUB 1 vacation may not be made unless written notice of the petition 2 or proposed resolution is served by certified mail upon the 3 commissioner of natural resources at least 30 days before th,, 4 hearin~ on the matter. After a resolution of vacation is 5 adopted, the clerk shall prepare a notice of completion of the 6 pro~eedings which shall contain the name of the city, an 7 identification of the vacation, a statement of the time of 8 completion thereof and a description of the real estate and 9 lands affected thereby. The notice shall be presented to the l0 county auditor who shall enter the same in the transfer records ll and note upon the instrument, over official signature, the words 12 "entered in the transfer record." The notice shall then be filed 13 with the county recorder. Any failure to file the notice shall 14 not invalidate any such vacation proceedings. 15 Sec. 5. Minnesota Statutes 1988, section 440.13, is 16 amended to read: _. 17 440.13 [COUNCIL MAY VACATE STREETS IN CITIES OF THE FOURTH 18 CLASS.] 19 In any city of the fourth class organized under a home rule 20 charter, the COUncil thereof shall have power by a majority vote 21 of the council to vacate any street or highway, or any part of 22 any street or highway therein, upon the petition of all the 23 owners of lands abutting both sides of the street or highway, or 24 part thereof, proposed to be vacated wherein one end of the 25 street or highway, or part thereof proposed to be vacated does 26 not connect with any other street or highway. If a part of th- 27 street or~highway proposed to be vacated terminates at or abuts 28 at a public water, the petitioners shall serve notice of the 29 petition by certified mail upon the commissioner of natural 30 resources at least 30 days before the council hearing on the 31 matter. Except as herein provided all other provisions of the 32 home rule charter shall apply to and govern the proceeding. 33 Sec. 6. Minnesota Statutes 1988, section 440.135, 34 subdivision 2, is amended to read: 35 Subd. 2. [COUNCIL MAY VACATE; CONDITIONS.] In addition to 36 any other method provided by law, the council of such city, upon [SENATE ] km SSl129SUB 1 the presentation and'filing of a verified petition signed by or 2 on behalf of any owner, natural o'r corporate, of any real estate 3 abutting thereon, may vacate any street or segment of street or 4 any portion of the width thereof within its geographical limits, provided only that the street, segment, or portion thereof so vacated pursuant to such petition shall not be longer than the 7 distance intervening between any two adjacent intersecting 8 streets. If all or part of a street or segment proposed to be 9 vacated terminates or abuts at a public water, the petitioners 10 shall serve notice of the petition by certified mail upon the 11 commissioner of natural resources at least 30 days before the 12 council hearing on the matter. 13 Sec. 7. Minnesota Statutes 1988, section 505.14, is 14 amended to read: 1S 505.14 [VACATION.] 16 Upon the application of the owner of land included in any. 17 plat, and upon proof that all taxes assessed against such land 18 have been paidr and the notice hereinafter provided for given, 19 the district court may vacate or alter all, or any part, of such 20 plat, and adjudge the title to all streets, alleys, and public 21 grounds to be in the persons entitled thereto; but streets or 22 alleys connecting separate plats or lying between blocks or lots 23 or providing access for the public to a public water, shall not 24 be vacated between such lots, blocks, or plats as are not also 25 vacated, unless it appears that the street or alley or part 26 thereof sought to be vacated is useless for the purpose for 27 which it was laid out. If a part of a street, alley, or public 28 ground proposed for vacation terminates or abuts at a public 29 water, the petitioner must serve notice of the petition by 30 certified mail upon the commissioner of natural resources at 31 least 30 days before the term at which it shall be he~rd. The 32 petitioner shall cause two weeks published and posted notice of 33 such application to be given, the last publication to be at 34 least ten days before the term at which it shall be heard; and 35 the petitioner shall also serve personally, or cause to be 36 served personally, notice of such application, at least ten days [SENATE ] km SS1129SUB before the term at which the application shall be heard, upon the mayor of the city, the president of the statutory city, or the chair of the town board of the town where such land is situated. The court shall hear all persons owning or occupying 5 land that woUl~ be affected by the proposed vacation, and 6 the'judgment of the court, the same would be damaged, the court 7 may determine the amount of such damage and direct its payment 8 by the applicant before the vacation or alteration shall take 9 effect. A certified copy of the order of the court shall be 10 filed with the county auditor, and recorded by the county 11 recorder. The district court shall not vacate or alter any 12 street, alley, or public ground dedicated to the public use in 13 or by any such plat in any city or town prganized under a 14 charter or special law which provides a method of procedure for 15 the vacation of streets and public grounds by the municipal 16 authorities of such city or town." 17 And when so amended that the bill~ recommended to ss 19 20 23 April 10, 1989 .................... 24 (Date of Subcommittee action) Program Schedule All conference events are in the Minneapolis Hyatt Regency Hotel unless indicated. Tuesday, June 6 LMC Board of Directors Meeting 1:30 - 4:00 p.m. LMC Conference Planning Committee Meeting 4:00 - 5:00 p.m. Special Kickoff 6:30 - 10:30 p.m. "A Hot Time Downtown Tonight" The City of Minneapolis is m 'aking arrangements at various restaurants and clubs for a special discounted dinner and entertainment package for conference attendees. (See Family and Special Activities Program for details.) Wednesday, June 7 'Exhibits Open 8:00 a.m. - 5:30 p.m. Welcome/Opening Session 9:00- 10:15 a.m. "Discovering the Future of Minnesota Cities" A panel of three futurists look ahead to the next decade. · Earl Joseph, President, Anticipatory Sciences Incorporated · Arthur Harkins, Director, Graduate Concentration in Anticipator), Anthropology and Education, UniversitT of Minnesota · Li Rauk Broberg, President, Greenfield Associates; Director, Office of Emerging Issues, U.S. West/North- western Be~ April 1989 Break 10:15 - 10:30 a.m. Nominating Committee 10:30 a.m. - 3:00 p.m. Concurrent Sessions I (Choose one) 10:30 - 11:45 a.m. LEAI)ERSHIP FOR THE FUTURE Roles/Cornrnunication--Council, Commissions, Staff (Sponsored by Minnesota Women in City Government) This session bill provide an over, Sew and case studies from small, medium, and large cities. · Purpose of communications · Role of various parties · Types of communications · Appropriate use of communication type in each relationship · Public communication · Long-term effects of good communication MANAGING THE EMPLOYEE OF THE FUTURE Comp Worth--How to Maintain Job Evaluation and Job Salary Programs · Overview of pay equity law · Update on the 1989 session (current legal guidetLues) · Aggregate information on 1) process Minnesota cities have used, 2) impact of pay equity on municipal finances, and 3) law's success in achie~fng pay equity for female- dominated jobs · Case studies from small, medium, and large cities will address success in Lin. plementing pay plan, the next step in the process and how compensation fits La CHALLENGE FOR TODAY AND TOMORROW Truth in Taxation · Methods for complying with the law · How to complete the budget earlier and project expenses for the coming year · How to plan ahead for future years in figuring personnel costs (salary negotiations, union contracts, benefits) · How to prepare for emergencies and necessary expendi- tures occurring between the completion date of proposed budget and the final levy certification date · Legislative changes in the 1989 session · Impact on cities--cost · How counties are going to calculate and comply LMC LEGISLATIVE TRACK Development Policy Committee Content depends on the outcome of the 1989 session. Exhibitors' Lunch 11:45 a.rm - 1:15 p.m. General Session 1;15 - 2:15 p.m. A national news correspondent ~ be the general session speaker. See detailed information in the May issue of Minnesota Cities. Concurrent Sessions II (Choose one) 2:30 3:30 p.m.. LEADERSHIP FOR THE FUTURE Et~'cs in City Government · What's currently in place: adopting a code; issues (includ- ing controversies) to work through; review of a city- adopted code · The new model--MAUMA/MAMA Ethics Project: why they undertook the project; process involved; and out- come--publication outlining a model municipal code of ethics · 1989 legislation MANAGING THE EMPLOYEE OF THE FUTURE Overview o£ Employee Benefit Trends · Cornmonalities in health benefits · Other t3'pes of benefits · Regulations · Costs 10 CHALLENGES FOR TODAY AND TOMORROW Compensating Communities for Hosting Regional Facilities · Over,Sew of the problem · Compensation alternatives/poss~le trade-oHs · Case studies featuring different t3'pes of facilities such as parks, incinerators, mass burning sites, and correctional facilities LMC LEGISLATIVE TRACK General Legislation Policy Committee Content depends on the outcome of the 1989 session. Break 3:30 - 3:40 p.m. Concurrent Sessions IH (Choose one) 3:40 - 4:40 p.m. LEADERSHIP FOR THE FUTURE City Management: Past, Present, and Future (Sponsored by Minnesota City Management Association) · Past: brief background of city management profession; and descr/ption of "old line" city manager · Present: role of city manager and relationship with city council · Future: managing challenges; changing resources and technology.; and changing relationships with other govern- ment units MANAGING THE EMPLOYEE OF THE FUTURE Employee Benefits--Case Stuck'es · Flex plans · Cafeteria plans · Retirees CHALLENGES FOR TODAY AND TOMORROW Tax Increment Financing: Uses and Abuses · Accomplishments to date through tax increment financing · Problems encountered in the past--various perspectives · Legislative and practical actions addressing these concerns LMC LEGISLAT1YE TtL~CK Eiection PoJJcy Committee ~ Content depends on the outcome of the 1989 session. "Wine Down" Reception in exhibit area 4:40 p.m. - 5:30 p.m. CiW Night Renaissance Festival Nicollet Island 6:30 p.m. Thursday, June 8 Exhibits open 8:00 a.m. - 4:00 p.m. (Coffee available in exhibit area) Concurrent Sessions IV (Choose one) 9:00 - 10:30 a.m. LEADERSHIP FOR THE FUTURE Strategic or Long-Range PJanning · Case studies illustrating short-term and long-term . sL,-ategies · Pitfalls and ways to avoid them · Results: what really happens once the plan is ~,plemented MANAGING THE EMPLOYEE OF THE FUTURE Se.¥ual and Racial Harassment · What constitutes harassments-pervasiveness; legal prec- edents and city. liability · Preventing harassment--internal methods to eliminate or decrease harassment guidelines; corrective action CHALLENGES FOR TODAY .*ND TOMORROW Solid Waste Management · Overview of issues · Governor's task force findings · Legislative results · Elements of effective programs · Examples of successful cit7 programs LMC LEGISLATBrE TRACK Revenue Sources Policy Committee Content depends on t. lae outcome of the 1989 session. Break 10:30 - 10:45 a.m. Concurrent Sessions V (Choose one) 10:45 a.m. - 12:15 p.m. LEADERSHIP FOR THE FUTURE C011abomdve Planning and Partnerstu'ps · Role, definition, purpose · Elements of collaborative effort, i.e. need leadership, empowerment, etc. · Examples of efforts · Benefits NL~4AGING THE EMPLOYEE OF THE FUTURE Chzmging Values and Employee Motivation · Different forces for workers of different ages · How to counter employee d/ssafisfacfion · In/ormal feedback to build satisfaction · Performance plamning · Employee recognition programs · Quality circles MANAGING THE EMPLOYEE OF THE FUTURE What Cities Need to Know About Section 89 · Purpose and intent of the law · Guidelines · Summary of requirements · Benefit plans that must comply · Where cities are now · What cities need to know in the future April 19,q9 /3 '7'0 11 CHALLENGES FOR TODAY AND TOMORROW Providing, Police Protection for Srngl Cities · Options to consider: city helping another city; county providing services and sheriff; consortium; and Police Officers Standards and Training (POST) Board · Key factors to consider before choosing: how much protection is necessary; budget constraints; liabilities; supervision; and licensing Mayors' Association/Mini-Conference Luncheon 12:30 - 2:00 p.m. Terry Goddard, President, National League of Cities; Mayor~ Phoenix, Arizona Concurrent Sessions VI (Choose one) 2:15 - 3:30 .p.m. LEADERSHIP FOR THE FUTURE' Taking LeadersbJp to Avoid Liabi~ty (LMCIT) · News fi.om LMCIT · Recent and perspective changes in rates, services, cov- erages, and dividends · Parks' and playgrounds loss control methods--how to inspect, what to look for, records to keep, preventative measures MANAGING THE EMPLOYEE OF THE FUTURE Employee Discipline and Termination · Legal considerations · Alternatives to dismissal · Employee rights · Procedi. u'al aspects · Relationship with union/business agents CHALLENGES FOR TODAY AND TOMORROW Finandal Health for Small Cities · A look at the future economy · Survival issues: dealing with a lower tax base; competing with larger cities; and lowering costs for service · Expanding sources of revenue; tax receipts, user fees, grants, interest and investment income; and improving management of financial resources LMC LEGISLATIVE TRACK Land Use, Energy, Environment, and Transportation Policy Committee Content depends on the outcome of the 1989 session. League Annual Meeting 3:45 - 5:00 p.m. LMC Reception and Banquet 6:30 - 10:00 p.m. Friday, June 9 Beverage and rolls 8:30 - 9:15 a.m. Finale General Session 9:30 - 11:OO a.m. "Meeting the Challenge o£ Public Service" Bruce Laingen, Executive Director, National Commis- sion on Public Service [] I ?1 ~2 Family and special activities program Tuesday, June 6 - Welcome to Minneapolis "A Hot Time Downtown Tonight" 6:30-10:30 p.m. Minneapolis has become known nationally for its cultural and entertainment events. In addition to professional sports and theater, it is also home to comedy clubs, cabarets, and other night spots. For opening night, the city has made special arrange- ments with a number of clubs so that evewone can have a "Hot Time Downtown Tonight." The Fine Line Music Club is booking a special band for the evening and an entertainment package featuring the clubs nnd restaurants of Riverplace is in the planning stages. Admission fees have been waived for conference attendees. We'll add additional clubs and restaurants before June, and send specific information to all who register for the conference. Throughout the conference, anyone who wishes can drop by either Juke Box Saturday Night or the Pacific Club (in the renovated Lumber Exchange) without admission charge--just show your conference badge. Wednesday, June 7 - Host City Night "An Evening on Nicollet Island" 6:30-9:30 p.m. For this evening, city officials will be transported back in time to the 1500s, courtesy of the Renaissance Festival. Present will be many of the acts, musicians, iugglers, "village" players and "royalty" from the Re'~ !ssance Festival which over 250,000 people enjoy an::ually in Shakopee. The evening will include the acts kom the festival, interact with the players, and the foods of the festival. The site will be the restored pavillion on lower Nicollet Island. This site is a part of the Central Riverfi'ont Regional Park in the heart of the city. In addition to the Renaissance Festival, people will be able to stroll across a restored century-old bridge to the shops and entertainment of Riverplace and St. Anthony Main. April 1989 Family and special activities programs registration form Reservations for Sculpture Garden/Walker Art Center, June 7 Number ~ Reservations for Metrodome Tour, June 7 Number @ 2pm @ 3pm @ 4pm Reservations for Number __ Reservations for Number @lpm @ 2pm .@3pm @4pm Reservations for June 9 Number @ $7.50 / adults @ $6.50 / seniors @ $5.00 / children "Shopping" Tour, June 8 Convention Center Tour, June 8 Anson Northrup Pdverboat Tour, Total enclosed __ Name(s): Address: City: Day~drne telephone st: a.c. Phone (612) 348-6534 for more information. Please send reservation form and pas~ent to: 325M CiD' Hall 350 South 5th Street Minneapolis, MN 55415 Deadline is May 5, 19S9. Make checks payable to: City of Minneapolis. Wednesday, June 7 and Thursday, June 8 Jogging with the Council 7:00-7:45 a.m. Minneapolis is famous for its park system. The Hyatt Regency Hotel is located in Loring Park with connections to the Guthrie/Walker area and the chain of lakes. Each morning at 7:00 a.m., a member of the Minneapolis Cits' Council (Steve Cramer and Joan Nierniec) will lead a group of joggers. There will be a short course and a long course. Wednesday, June 7 Sculpture Gardens/Walker Art Center 9:oo-1.2:oo noon The Minneapolis Park and Recreation Board opened the Sculpture Gardens in the f~ of t988 and they have become a leading tourist attraction. The gardens are located across the roadway from Loring Park in the same area as the Walker An Center and the Guthrie Theater. The park board will host a reception in the Sulpture Gardens after which tours of the Walker Art Center will be available. Transportation will be available from the hotel, but for those walking a "guide" will lead the walk through Loring Park and over the Irene Hixon Whitney Pedestrian Bridge (distance about six city blocks). Fees have been waived at the Walker Art Center, but pre-registration is needed for tours. Wednesday, June 7 Hubert H. Humphrey Metrodome 2:00-4:00 p.m. The Hubert H. Humphrey Metrodome is the home of the Minnesota Twins, and the Minnesota Vikings, the Uhiversity of Minnesota Golden Gophers football team and was the site of the 1987 World Series. This tour in addition to the areas which are normally accessible, will include the. pla~g field, the press box, a private box, and the Gophers · football locker room. Transportation will be available from the hotel. The tour is one hour in length. Although the Metrodome has waived fees, pre-registration is necessary for specific time slots. NOTE: The tour involves climbing stairs for which there is no alternative. Thursday, June 8 "Shopping" Tour of Downtown Minneapolis 9:oo-12:oo noon Downtown Minneapolis is fifth in the nation in terms of retail sales for a downtown. The Nicollet Mall is the main shopping street in downtown and is the home of Dayton's, the Conservatory, and City Center with Carson Pirie Scott and numerous other shops. In August, Saks Fifth Avenue with 60 shops and a Gaviidae Common will open. The do~'ntown council will host this "tour." It will begin in the yet unopened Gaviidae Common; proceed through Cit3, Center, Da)~on's, and the Conservatory; and end up at the just opened Ralph Lauren Polo Shop. Those who wish can then tour the Timberwolves arena (just three blocks away) which is under construction. Although there is no fee, pre-registration is requested. Thursday, June 8 Minneapolis Convention Center 1:004:00 p.m. The Minneapolis Convention Center is the largest single public works building in Minnesota history. It is also a project which will be of benefit to the entire state. Phase I will open or~y days before the LMC Conference. This tour, about 45 minutes in length, will go through both the open phase I and phases II and III which are under construction. The center is within walking distance of the hotel (less than two blocks). Although there is no lee, pre-registration is required. Friday, June 9 Anson Northrop Riverboat Tour 9:30.].2:00 noon The Central Riverfront is the birthplace of Minneapolis. A new excursion boat, the Anson Northrup, makes it possible to view this area on a 90-minute narrated ride. The ride leaves from Boom Island and goes under the new Hennepin Avenue Bridge, past the Mill District, through the St. Anthony Lock, under the James J. Hill Stone Arch Bridge, and down the lower gorge to the Ford Dam. Transportation will be available. Cost: Adults $7.50, Seniors $6.50, C~dren $5.00. 14 Mirmesota Cities SEE YELLOW ORIGINAL INCLUDED IN THE PACKET STRATEGIES ^~ STEPS ~o~ ~ DYNAMIC DOWNTOWN A Regional Seminar for Smaller Cities and Towns June 6, 1989 Hyatt Regency Hotel Minneapolis, Minnesota Sponsored by the National League of Cities NEWS RELEASE BOAKD OF HENNE~IN COUN~ CO~ISSIONE~S 2~00 GO~~NT CEN~K MINNeaPOLIS, MINNESOT~ "RECYCLE PLASTIC - DON"T THROW IT AWAY AND DON'T BAN IT" "Next year at this time Hennepin County residents will be recycling plastic, and all the talk of a so-called plastic ban will be a distant memory," predicted Hennepin County Comissioner Randy Johnson. At the April 18th Hennepin County Board meeting Commissioner Randy Johnson introduced a major amendment to the county's source separation ordinance and recycling reimbursement plan. It will require 6ities to collec~ plastic as part of their curbside recycling programs in order to remain eligible for the county's generous 50% to 80% cost reimbursement. One result of adding plastic to the three materials already being collected {glass, newspaper and aluminum} will be, in effect, to supercede the Minneapolis ordinance that purportedly bans some food and beverage 'Plastic packaging. That ordinance exempts from its ban any material that is collected in a recycling program. "The f'~ct is that plastic is much too valuable to throw away. It is also much too valuable to ban. Plastic can and ought to be recycled," said Johnson. "For example, to an end user, aluminum is worth about $1200 per ton, glass is worth about $50 per ton, and newsprint is - or was - worth about $20 per ton. Meanwhile, properly separated and ground plastic can be sold locally for $200 to $600 per ton. But local companies have to buy it from recyclers in cities hundreds of miles away because we are not collecting it yet in our own recycling programs," explained Johnson. ~ Johnson said he chose to introduce the amendment adding plastic to the collected recyclables at this time for several reasons. "First, the county board now is issuing a Request for Proposals to operate a "Materials Recovery Facility" that will separate and prepare recyclables - including plastics - and sell them to the appropriate users. "Second, just a few weeks ago the State Pollution Control Agency took two major steps forward to encourage recycling plastic rather than banning it. The PCA proposed regulations to adoPt a plastic coding system developed by the plastic industry to help recyclers identify the different plastic resins. In addition, the PCA awarded a $40,000 grant to a private company to explore the feasibility of building a .plastic resin recovery facility in Minnesota. "The third reason to begin to recycle plastic is illustrated by the tons of newspaper we now see piling up every day in Twin Cities recycling programs. It proves the overriding importance of making sure there is a real market for what we collect. Nothing is recycled until somebody, somehow, somewhere, actually takes the material and re-uses it," Johnson said. "Unfortunately, the past focus of Twin Cities recycling programs has been almost entirely on increasing the supply of materials that residents separate out for collection. Now we know those "supply side garbologists" were wrong. We must focus our recycling efforts on materials like plastic for which there is a strong and growing market, and we must work at creating new markets for materials such as newsprint." After discussion at the Tuesday board meeting, Johnson asked that this change in policy be reviewed by the county's Public Service Committee and its recycling task force. He said that the amendment adding plastic to the list of recyclables should take effect only after the county's Materials Recovery Facility is operating next year, and only after the cqunty board has determined that, if necessary, a portable "o~ board" compactor is commercially available for local recycling collection trucks. If all 47 cities in Hennepin CoUnty decide to continue to participate in the county's recycling cost reimbursement program, Johnson said that Henne~in County will have the most extensive plastic recycling program in the nation next year. He pointed out that any city could still opt out of the county's reimbursement plan and continue down the path of banning plastic, but for Minneapolis that would mean turning down nearly $2 million next year. "We are giving the cities the opportunity - and a very strong financial incentive - to recycle plastic. respond positively," said Johnson. I am confident they will SEE WHITE ORIGINAL INCLUDED IN THE PACKET PROPERTY TAX IMPACT MADE UNDERSTANDALLE City, comtty, a~td schooh?[ficial,~ a~v ittcreas- iugly router,ed about Lt~is&tive changes iu the property tax system. For many years local governments have relied upon pro- perry tax toJbttd a siguificant portion of the sen~ices tb~ provide ./bt their consti- tuettts. Recettt chang~ iu the tax and aid programs p~vvided to local gove~,tments, are placing greater tax burdens ou metw a~va homeow~ters. Ultimately, these tax- paye~:~ must decide zohether this tr~td is acceptab5 or not. City, county, and school oj]h'ials a~v couce~wd that ~]' this' trend amliuttes ma~O, taxpayers zoill be unab~ or uuwilliug to pay these higher taxes. TbeJbllozoiug questions and responses are provided to describe the lax dibmmm we