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1989-08-22 CITY OF MOUND MOUND, MINNESOTA i% G E N D I% MOUND CITY COUNCIL REGULAR MEETING 7:30 P.M.t TUESDAYt AUGUST 22~ 1989 COUNCIL CHAMBERS 1. PLEDGE OF ALLEGIANCE. APPROVE THE MINUTES OF THE AUGUST 8, 1989, REGULAR MEETING AND COMMITTEE OF THE WHOLE MEETING OF AUGUST 15, 1989. Pg. 2557-2561 PUBLIC HEARING: DELINQUENT UTILITY BILLS. Pg. 2562-2563 PUBLIC HEARING: UPGRADING OF CITY HALL FACILITIES, PAT MEISEL, CHAIRPERSON, CITIZENS TASK FORCE ON PUBLIC FACILITIES. pg. 2564-2582 PUBLIC HEARING: CASE #89-835 - WILLIAM M. DUNKLEY, DBA DESPERADO'S, 4451 WILSHIRE BLVD., LOTS 3 THROUGH 18, BLOCK 8, AVALON, PID #19-117'23 31 0021· REOUEST: CONDITIONAL USE PERMIT FOR A CLASS III RESTAURANT (LIQUOR SERVICE RESTAURANT) IN THE B-2 GENERAL BUSINESS DISTRICT AND VARIANCES. Pg. 2583-2602 SET DATE FOR PUBLIC HEARING FOR "ON-SALE" INTOXICATING LIQUOR LICENSE FOR WILLIAM DUNKLEY, ETC. DBA DESPERADO'S INC., 4451 WILSHIRE BLVD. CASE #89-832: SKIP JOHNSON, 3018 ISLAND VIEW DR. Pg. 2603 REQUEST: REQUEST TO MOVE HOUSE FROM 3018 ISLAND VIEW DRIVE TO 4430 MANCHESTER ROAD, LOTS 7 & 8, BLOCK 17, AVALON, PID %19-117-23 31 0074. CASE ~89-833: JOHN MINAHAN, 4313 WILSHIRE BLVD., PART OF LOT A, THE 1ST REARR. OF PHELPS ISLAND PARK FIRST DIVISION, PID #19-117-23 13 0011. Pg- 2604-2618 REQUEST: VARIANCE FOR EXISTING NONCONFORMING DWELLING. Pg. 2619-2633 CASE #89-834: MARK LINDER, 4770 NORTHERN ROAD, PART OF LOT 29, SUBDIVISION OF LOTS 1 & 32 RAVENSWOOD, PID %18-117-23 33 0029. Page 2554 REQUEST: VARIANCE TO LAKESHORE AND FRONT PROPERTY LINE SETBACKS. Pg. 2634-264~ 10. C~SE %89-811: 11. 12. 13. 14. 16. JON R. NELSON & DAVID MORSE, 5545 THREE POINTS BLVD., PID #13-117-24 22 0023, PART OF LOT 27 & PART OF GOVT. LOT 4, LAFAYETTE PARK LAKE MINNETONKA REOUEST: FINAL PLAT APPROVAL ALEXANDER PARK (FORMERLY HARRISON SHORES ADDITION). COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. Pg. 2644-2667 APPROVAL OF PLANS AND SPECIFICATIONS FOR DENBIGH ROAD IMPROVEMENT PROJECT. APPROVAL OF AGREEMENT FOR SEWER SERVICE BETWEEN CITY OF MOUND, CITY OF MINNETRISTA AND MR. MARK NIELSON. Pg- 2668-2683 Pg. 2684-2698 REQUEST FOR MAINTENANCE PERMIT, 4601 ISLAND VIEW DRIVE, ROGER STEPHANSON. Pg. 2699-2702 15. RECOMMENDATION FROM PARK COMMISSION ON THE CLOSING OF PEMBROKE PARK ACCESS/VACATION OF A PORTION OF ABERDEEN ROAD. Pg. 2703-2719 REAPPOINTMENT OF ELDO SCHMIDT TO THE MOUND HOUSING & REDEVELOPMENT AUTHORITY (HRA). Pg. 2720 17. CHANGE ORDER #6 AND FINAL PAYMENT REQUEST FROM LOEFFEL-ENGSTRAND - PUBLIC WORKS FACILITY. CHANGE ORDER #6 - $3,699.00 FINAL PAYMENT - $10,689.07. Pg. 2721-2723 Pg. 2724-2739 18. 19. PAYMENT OF BILLS. INFORMATION/MISCELLANEOUS: Be De Eo July 1989 Financial Report as prepared by John Norman, Finance Director. Park Commission Minutes of August 10, 1989. Planning Commission Minutes - August 14, 1989. Pg. 2748-2755 Notice from Hennepin County regarding the dates of their public hearings on the County Budget. Pg. 2756 Notice of League of Minnesota Cities' Regional Meeting, Monday, September 11, 1989, at the White Bear Country Inn, 4940 Highway 61. Please let Fran know by Wednesday, September 6th if you plan to attend. Pg. 2757-2758 Page 2555 Pg. 2740-2741 Pg. 2742-2747 F® Ge REMINDER Open House Tour of City Hall, 6:30 - 7:30 P.M., Tuesday, August 22, 1989, prior to the City Council Meeting. REMINDER: Annual National League of Cities Congress of Cities to be held in Atlanta, Georgia, November 25-29, 1989. Please let Fran know before August 28th if you are inter- ested in attending. (You received this brochure separately.) Page 2556 The city Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, .August 8, 1989, following the Board of Review, 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, Attorney Curt Pearson, and the following interested citizens: James Ruud, Bill Mcnamee, and Jack Diesing. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. MINUTES MOTION made by Jensen, seconded by Johnson to approve the minutes of the July 25, 1989, Regular Meeting as submitted. The vote was unanimously in favor. Motion carried. CASE ~89-831: JAMES & SANDRA RUUD, 2233 LYNWOOD BLVD.~ LOTS 35, LYNWOLD ADDITION TO MOUND & PT OF 34, KOEHLER'S 2ND ADDITION TO MOUND~ PID ~14-117-24 43 0045~ SETBACK TO PLACE AN ACCESSORY BUILDING WITH NO PUBLIC RIGHT-OF-WAY The City Manager explained that a revised resolution with the corrected property description has been prepared. The applicant stated he agreed with the resolution. Johnson moved and Ahrens seconded the following resolution: RESOLUTION #89-94 RESOLUTION TO ALLOW CONSTRUCTION OF AN ACCESSORY BUILDING WITH NO PUBLIC RIGHT- OF-WAY AND TO ALLOW A FRONT YARD SETBACK VARIANCE FOR LOTS 35, LYNWOLD ADDITION TO MOUND,'AND PART OF LOT 34, KOEHLER'S SECOND ADDITION TO MOUND, PID 914-117-24 43 0045 (2233 LYNWOOD BLVD.), P & Z CASE #89-831 The vote was unanimously in favor. Motion carried. SET DATE FOR PUBLIC HEARING MOTION made by Jessen, seconded by Jensen to set August 22, 1989, for a public hearing to consider a Conditional Use Permit for a Class III Restaurant (Liquor Service ss 7 125 August 8, 1989 Restaurant) in the B-2 General~Business District 4451 Wilshire Blvd. The vote was unanimously in tion carried. located at favor. Mo- REQUEST TO BLOCK OFF CERTAIN PORTION OF ISLAND VIEW DRIVE FOR ~ NEIGHBORHOOD PARTY - AUGUST 12t 1989 - GREG KNUTSON, 4701 I.SLkND VIew DRI~ This item was withdrawn by Mr. Knutson. DISCUSSION: REVIEW OF INSURANCE REQUIREM~.NTS FOR ON-SALE LIQ- UOR LICENSES ' Bill Mcnamee, owner of the Jock Club, and his insurance agent, Jack Diesing were present and asked to have the dram shop in- surance requirements lowered to the State minimums as stated in Minnesota Statutes Section 340A.409, Subdivision 1, and an annual aggregate of $300,000 per policy year. The City Clerk reported that of the ten cities polled, 9 only required the State minimums and none required public liability insurance. MOTION made by Smith, seconded by Jensen to direct the Staff to prepare an amendment to Section 800.10, Subdivision 7 of the City Code relating to liability insurance with the fol- lowing changes: Requiring only the State minimums as spelled out in MS Section 340A.409, Subd. 1, with a $300,000 annual ag- gregate per policy year; and 2. Deleting the requirement of public liability insurance. The vote was unanimously in favor. Motion carried. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT There were none. SET PUBLIC HEARINGS ON THE FUTURE UPGRADING OF CITY HALT, FACILITIES The City Manager explained that the Task Force met last week and decided to set up tours of the building on the following dates and at the following times: Tuesday, August 15, 1989 - 3:00 P.M. to 4:30 P.M. 6:30 P.M. to 7:30 P.M. Tuesday, August 22, 1989 - 6:30 P.M. to 7:30 P.M. The suggested dates for the public hearings are August 22, 1989, and September 12, 1989. 126 AUgUSt 9, 1989 MOTION made by Smith, secon~e~ by Johnson to set ~%ugust 22, 1989, a~d September 12, 1989t a~ 7;30 P.M. £or pu~lio hear- ing to consider future expansion of the City Hall facilities. The vote was unanimousl~ in favor. Motion carried. CITY PROPERTY GARDEN LEASE - LEO WALLIS MOTION made by Jess.n, seconded by Jensen to approve a gar- den lease on City property for Leo and Beverly Wallis, Lots 1, 2, 3, & 22, Block 5, Dreamwood, PID %13-117-24 12 0223. The vote was unanimously in favor. Motion carried. LICENSE APPLICATIONS - N.W. TONKA LIONS, 3.2 CHARITABLE BEER LICENSE, SET UP LICENSE, AND PUBLIC DANCE PERMIT MOTION made by Jensen, seconded by Jessen to approve a 3.2 charitable beer license, setup license and public dance per- mit for the Northwest Tonka Lions, August 4, 1989. This is formal action. The Council was polled before the event. The vote was 4 in favor with Johnson abstaining. Motion carried. PAYMENT OF BILLS MOTION made by Jensen, seconded by Johnson to authorize the payment of bills as presented on the pre-list in the amount of $153,093.80, when funds are available. A roll call vote was unanimously in favor. Motion carried. INFORMATION/MISCELL~tNEOUS: A. July 1989 Department Head Monthly Reports. Be Response from Keith Rennerfeldt, Principal Appraiser, Hen- nepin County on tax status of Westonka Community Services Building. Letter dated July 26, 1989, from Mark Andrew, Hennepin County Commissioner on recycling issues. D. LMCD Mailings. E. Planning Commission Minutes - July 24, 1989o F. LMCD Representative's Monthly Report for July 1989. REMINDER: Annual National League of Cities Congress to be held in Atlanta, Georgia, November 25-29, 1989. Please let Fran know before August 28th if you are interested in at- tending. (You received this brochure separately.) 127 August 8, 1989 Preliminary April 1, 1989, population and household es- timates for the City of Mound as prepared by the Metropolitan Council. The City Manager reminded the Council of the Committee of the Whole Meeting next Tuesday, August 15, 1989, at 6:30 P.M. MOTION made by Smith, seconded by Jensen to adjourn at 7:45 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Fran Clark, CMC, City Clerk COMMITTEE OF THE WHOLE MEETING AUGUST 15, 1989 The meeting was called to order at approximately 6:50 PM. Members present: Mayor Smith, Phyllis Jessen, Skip Johnson and Andrea Ahrens. Absent and excused: Liz Jensen. Also present: City Manager, Ed Shukle; City Engineer, John Cameron; Water and Sewer Superintendent, Greg Skinner, Street Superintendent, Geno Hoff. Other persons present: Chic Remien and Jim Ventura of the Westonka Chamber, Harold Pellett and Dick Kunz. Jim Ventura of the Westonka Chamber of Commerce Beautification of County Road 15 Committee requested that the City of Mound respond to some questions with regard to the beautification of County Road 15 project. He questioned what the status of the "Welcome to Mound" sign was at the entrance on 15 from the east by the Seton bridge. He also asked about City monies available to assist private property owners along the route with implementation of the beautification plan. City Manager Ed Shukle responded by saying that the sign to, his knowledge, was being worked on by the Parks Director, Jim Fackler in cooperation with John Gerhardson of Orono and Gene Shavlik of Spring Park. He also explained that the City Council had reviewed a proposed design from Ganzel Signs of Mound. He indicated that the Council was supportive of the idea. However, Council wanted the staff to check out other options with regard to designing the sign. The rest of the committee indicated that there may be some grants available and that there would be some fund raising done to try to enlarge the fund. Mayor Smith asked about the estimated cost of implementation of the entire project. He wanted to know parcel by parcel what the estimate would be. Chic Remien responded by indicating that Jim Robin, the landscape architect that designed the plan, would be able to provide an overall cost for each city, but that a parcel by parcel cost could possibly be provided but at a much larger expense. It was the consensus that the beautification committee contact Jim Robin to get an estimated cost on the project for Mound and similarily for Orono and Spring Park, and to communicate with the City Manager with regard to what this cost may be. · The Public Works Outdoor Storage issue was discussed. City Engineer, John Cameron presented a preliminary plan to landscape Lost Lake. After considerable discussion, the matter was continued until the next Committee of the Whole meeting. Also continued until the next meeting' was the review of the preliminary draft of the City Manager Performance Evaluation System and issues that were discussed at the January 31, 1989 Goal Setting Session. The next meeting was scheduled for Tuesday, September 19, 1989, at 6:30 PM. Upon motion by Smith, seconded by Johnson, and carried unanimously, the meeting was adjourned at 9:18 PM. City Manager Delinquent Water and Sewer 8/15/89 11 0190 242 11 0190 511 11 0190 664 11 0220 182 11 O28O 453 11 0180 541 11 0310 185 11 0460 152 11 0460 391 11 0670 721 11 0672 211 11 0672 361 11 O672 541 11 0760 361 11 0850 751 11 0882 121 11 1000 091 11 1090 661 11 1120 572 11 1360 031 11 1360 061 11 1360 401 11 1550 124 11 1690 515 11 1690 544 11 1690 751 11 1692 061 11 1694 631 11 1750 062 11 1900 511 11 1930 273 11 2020 212 11 2140 151 11 2140 214 11 2200 301 11 2260 033 $ 69.83 149.78 65.36 88.46 149.78 135.36 77.46 114.53 88.85 103.54 164.86 176.5O 102.42 85.16 150.36 211.05 202.64 246.61 103.80 ~35.5~ 227.24 264.93 182.09 135.94 130.78 124.44 139.56 229.07 376.95 115.97 75.26 154.90 96.21 145.14 111.03 84.06 $5215.43 Delinquent Water and Sewer 8/15/89 11 0190 242 Jeff Olson 11 0190 511 Charles Carlson 11 0190 664 James Brand 11 0220 182 11 0280 453 11 0180 541 11 0310 185 11 0460 152 11 0460 391 11 0670 721 11 0672 211 11 0672 361 11 0672 541 11 0760 361 11 0850 751 11 0882 121 11 1000 091 .11 1090 661 11 1120 572 11 1.360 031 11 1'360 061 11 1360 401 11 1550 124 11 1690 515 11 1~90 544 11 1&90 751 G. Lemmerman David Zilka Ronald Nelson Donald Wiggins Occupant Douglas Johnson Wm, Alexander Wayne Burkhalter Jack Breazile S Mierzejewski Richard Williams Thomas Hawley John Hubler Gerald Baker Lawrence Beer Steve Schmidt ScOtt Olson Gerald Babb David Cermak John Eccles Michael Fox Daniel Dustin Francid Engle 11 1692 061 :: Bruce Jones 11 1694 631 Sharry Johnson 11 1750 062 Sohns & Sabin 11 1900 511 Wes Oak 11 1930 273~ Jeff Mertz 11 2020 212 11 2140 151 11 2140 214 11 22O0 301 11 2260 O33 Mike Jackson Jo Warolin Bonnie Aguiar Brad Goranson Richard Peterson $,69.83 149.78 Pd. 65.36 Pd. 88.46 Pd. 149.78 Pd. 135.36 77.46 114.53 88.85~. Pd, ~ 03.54 Pd. 164.86 176.50 Pd. 102.42 Pd. 85.16 150.36 Pd. 211.05 202.64 Pd. $t00.00 246.61 Pd. 103.80 Pd. 135.51 Pd. 227.24 Pd. 264.93 182.09 Pd. 135.94 130.78 Pd. 124.44 Pd. $70.00 139.56 229.07 376.95 Pd. 115.97 75.26 154.90 Pd. 96.21 145.14 111.03 84.06 $5215.43 $2735.40 1579 Canary Ln. 1700 Canary Ln. 1724 Canary Ln. 1583 Dove Ln. 1643 Finch Ln. 1656 Finch Ln. 1617 Gull Ln. 1740 Sumach Ln. 1760 Sumach Ln. 1812 Shorewood Ln. 1904 Shorewood Ln. 1920 Shorewood Ln. 1942 Shorewood Ln. 1772 Resthaven Ln. 4987 Three Pts. Blvd. 5816 Grandview Blvd. 2085 Ironwood Rd. 6030 Hillcrest Rd. 5972 Gumwood Rd. 2169 Birch Ln. 2168 Birch Ln. 6257 Birch Ln. 2214 mill Pond Ln 5700 Lynwood Blvd 5709 Lynwood Blvd 5745 Lynwood Blvd 5820 Lynwood Blvd 6256 lynwood Blvd 5444 Spruce Rd. 2175 Noble Ln. 2159 Cedar Ln. 2212 Fern Ln. 2138 Centerview Ln. 2140 Centervlew Ln. 2197 Cardinal Ln. 2151 Apple Ln. Delinquent Water and Sewer 8/15/89 11 0190 242 $ &9.83 11 0190 511 149.78 11 0190 664 65.36 11 0220 182 88.46 11 0280 453 149.78 11 0180 541 135.36 11 0310 185 77.46 11 0460 152 114.53 11 0460 391 88.85 11 0670 721 103.54 11 0672 211 164.86 11 0672 361 176.50 11 0672 541 102.42 11 0760 361 85.16 11 0850 751 150.36 11 0882 121 211.05 11 1000 091 202.64 ,11 1090 661 246.61 11 1120 572 103.80 11 1.360 031 135.51 11 1360 061 227.24 11 1360 401 264.93 11 1550 124 182.09 11 1690 515 135.94 11 1~90 544 130.78 11 1690 751 124.44 11 1692 061 139.56 11 1694 631 229.07 11 1750 062 3'76.95 11 1930 273 75.26 11 2020 212 154.90 11 2140 151 96.21 11 2140 214 145.14 11 2200 301 111.03 11 2260 033 84.06 $5215.43 May 26, lgSg TO: FROM: MAYOR AND CITY COUNCIL CITIZENS TASK FORCE ON PUBLIC FACILITIES ED SHUKLE, CITY MANAGER RE: ENCLOSED REPORT AND JOINT MEETING Enclosed is the report requested by the City Council with regard to the future expansion of city hall as prepared by the Citizens Task Force on Public Facilities. This report will be discussed .a.t.the joint meeting of.the Council and Task Force on Thursday, June i, 1989, 7 PM, City Council Chambers. Please mark your calendar and come prepared to discuss the report. If you have any questions please contact me. ES:ls enc CITI OF MOUND A REPORT TO THE CITT COUNCIL ON THE FUTURE EXPANSION OF CITI HiLL PREPARED BY THE CITIZEN'S TASK FORCE ON PUBLIC FACIL%TIES JUNE 1, 1989 T~LE OF CORTENT$ LETTER OF TRANSMITTAL LIST OF EXHIBITS 2 INTRODUCTION ASSESSMENT OF NEED STRATEGIES TO RESOLVE NEED CON CL'USiON/RE COMME NDAT I0N .EXHIBITS A -¥ CITY of MOUND 53Zl MAYWC;OD I~DAD MOUND, MINhIE~;OTA. ~ {b'12)/,72-1155 JUNE 1, 1989 ¥~YOR"AND MEMBERS OF THE CITY COUNCIL CITY OF MOUND, MINNESOTA Dear Mayor and City Council: P. resented herein is a report on the future expznmion of the City of Mound city hall facility as prepared by the Citizen's Task .Force on Public Facilities. . As y6u recall, you appointed us to serve in an advisory capacity to analyze the possible future expansion of the city hall. You '.slso instructed us to look at the proposed need for an additional bay within the existing fire station. The report contained herein presents our findings and conclusions. We request that you review this report thoroughl2 prior to the joint meeting of the Task Force snd City Council which will be held June 1, 1989, 7 PM in the City Council Chambers. If you have any questions, please feel free to contact us. We look forward to the joint meeting on June 1st. Respectfully submitted, Fat Meisel Chairperson Stan Drahos Bob Mot gan Jerry Tasa Bill Thal Bob Tomalka City Staff: Jan Bertrand, Building Official Jim Fackler, Parks Director Len Harrell, Police Chief Ed Shukle, City Manager LIST OF EXHIBITS A ... Site Plan dated April lA, 1989 Lower Levels, including Present Basemen. t Level, Presen% Police Department Level and Proposed East End Addition Lower Level dated April 14, 1989 and Revised April 27, 1989 C ... Main Level including Existing Building and Proposed East End Addition dated April 14, 1989 and Revised April 27, 1989 D ... Upper Levels including Present City Offices Level, Present Council Chambers Level- and - East End Addition d~ted April 1~, 1989 and Revised April 27, 1989 E ... Elevations dated April 1~, 1989 and Revised April 27, 1989 City Hall Addition Preliminary Cost Estimate and City Hall Remodeling Preliminary Cost Estimate Revised April 27, 1989 and Received April 28, 1989 -2- INTRODUCTION Purpose In early 1988, the City Council indicated that it Would like :o establish a citizens task force on the future e~pansion of public facilities; specifically, city hall, police and. fire,facilities. The City Council felt strongly that these facilities be looked at so that future planning for possible expansion could be undertaken and would have' input directly from local citizens. Once the task force was appointed, the Council indicated to them that they would like to see a final recommendation made within one year. They basically followed a guideline of the first six months assessing the need and the second six months developing strategies to resolve the need. Upon appointment it was the task forces' understanding that they would be an advisory committee to the City Council on this particular issue. They saw themselves · s an arm to the City Council and ~orking with the Council in a -partnership to analyze needs and develop solutions. Focus · The task force began meeting in June of 1988. The first item of .business for the task force was .to request specific information .....from' the staff that would pr. critic background to the task force regarding the city hall facility and fire station. Included in this information was: 1. Operation and maintenance costs for the city .hall and fire station. 2. Handicap accessibility requirements for public buildings. . 3. Existing plans for city hall. 4. What the city staff would like to see regarding their space needs and requirements. 5,' Outdoor storage plans for the site adjacent to the west of city hall. This in'formation was distributed prior {o the July meeting of the t'a s'k force. At the JuIy and August meetings the task force toured the city's fire station, Island Park Hall, the old Island Park public works garage and the Depot at Mound Bay Park. Following this tour, the needs were prioritized for the purposes of establishing goals: - Police Department space - City Hall inadequacies - Fire Department space - Council meeting space - Parking - Handicap accessibility - Storage At its October meeting, {he task for'ce decided that further study of city hall and the police department was necessary. The fire department needs were important, but their priority was not as high at this time· The fire department basically requires a new repair bay with sprinkler systems in the building· The repair bay area entails an addition of approximately 2;4' x 80', at an estimated cost of $121,000. Background of Facility ASSESSMENT OF NEED The Ci'ty of Mound city hall was constructed in 1974. The building was a very necessary solution to the city hall inadequacies at that time. The city hall ha~ been located in downtown Mound at the' building to the west of the present Arco/ Century Auto Body Shop and east of the Nouse cf Moy Restaurant. City hail was designed by an architectural, firm in Minneapolis, who apparently had designed the Hennepin County Library in Mound. *it was an architectural design very unique-to municipal facilities and aesthetically pleasing to the site located on Maywood Road. .O'var the years, the facility ..has experienced a number of problems. These are essentially inadequacies that were apparent initially with the construction of the building or as the years went by. They include: 2. 3. 5. 6., 7. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. Structural defects - handicapped Sound Control Mechanical system Skylight breakage Window leakage Fogging and dirt between double glazed Cedar siding expansion/contraction Weight capacity as it pertains to file Fire sprinkling system Alarm/security system Exit lights : Redecorating- ceramic tile, carpet and Emergency operating equipment Office space shortage - poor requirements for existing additions to staff Computer room Conference rooms Council Chamber.s File storage Employee lounge Lower parking lot improvements Steepness of driveway aecess ibil ity windows storage mop boards office design and space staff and any future Landscaping P. ol lee Pepartmen : ' - ~%ru¢~ural defects (handicappe~ ~ccessibi!ity, sound control and security) - office space shortage investigator/sergeants offices - property area - files - risk free booking area - conference room - "quiet room" - holding cell' - sa!lyport Space'Requirements -The staff looked very closely at the existing facility and at a task force meeting distributed a document listing the existing square footage and what additional square footage would be needed for the building. These figures were based upon some of the -i.nadequacies that were listed above. At this poi'~t in time, it was necessary for the task f. orce and staff, to have professional assistance in determining the actual square foot'ages necessary as well as to review various options that would address the inadequacies listed above. We hired .Steve 'Jantzen, architect w~ u.~-~ ..... ~, ,,.~.,,~s Frank ROos. Steve h=d b-~- the architect for the recently constructed public works facility in the City of Mound. The 'staff was very confident that Mr. Jantzen could prepare some conceptual drawings of v~rious options so that ideas could be put on paper and analyzed. He was assisted by John Cameron, City Engineer. STRATEGIES TO RESOLWE NEED Separate Facilities For Police Early on, discussion was held with regard to possibly building a separate police facility adjacent to the existing fire station. By doing this, we would have police and fire together which are t'wo very related types of services. The space that would be giwen up bY the police department could be occupied by the city hall with some remodeling. This option, however, was deemed too expensive. It 'was determined that an excessive amount of money would be spent on a new facility and remodeling would still have to be carried out in the existing city hall. Existing Structure Since the task force decided they wanted to look at the existing structure in terms of expansion for both city hm!l offices and police, concept drawings were prepared for each direction. In other words, drawings were analyzed for expanding north, south,' west and.east. It was the consensus that the expansion of the building to the east prov. ided the best op~ton. East Option Factors which contributed to the consensus that the task force reached with regard to the east facility were as follows: The east end option was economical. This is primarily due to reducing the amoun~ of remodeling that would have to be done to the existing facility. The site plan provi6ed for removing a steep grad~ that currently exists in the driveway area, which has been a safety factor from time to time· The existing parking lot would be retained to provide approximate, ly 47 parking spaces. A minimum number of trees would have to be removed. A larger city council chambers would be provided. At present the council chambers will seat about 65 persons.· A new council chambers would seat approximately 120. Larger offices would be part of the remodeling project and would resoi've th~ office space shortage that currently exists. The police 'facility, a very high priority, would be an up-to-date facility which would resolve the inadequacies listed within the existing police department. The handicapped accessibility issue wbuld be resolved due to the fact that an elevator would be installed which would service each floor. Additional space created by the remodeling as well as new space added from the addition would provide additional storage areas· 11. Sound control measures would be utilized in order to reduce the noise level of the building· The city's computer processing unit would have its own r.oom that would be secured and would be free from dust, noise and other elements. Conferende rooms would be added to provide meetin~ space for depa'rtmental meetings and staff meetings conducted by the City Manager. Other meetings of a smaller scale could be held within the conference rooms· -&- 13. The building would be brought up to code. ~uture expansion space-is also included conceptual plan. w ithi~ the Some of the ideas that were put into the east end plan were concepts which the task force had seen utilized st South Lake Minnetonk~'s new public safety building in Excelsior and the Cit2 of Chaska's police facility. The task force hsd a tour of both of these facilities and came away with a clearer understanding of how the special needs of police departments are being met in other cities. The tours were also taken to provide assistance in formulating recommendations with regard to the po!ic'e department facilities. It is important to note that the task force came away from the -tours feeling that the city hall and police facility should make a statement about the type of community and the type of services that the City of Mound provides. The task force felt that because city hall is adjacent to a residential neighborhood that · the building should fit into the neighborhood and that all future buildings make a proper statement within the area that they .are erected. The t~sk force fel.-t-it Was' beneficial that 'they see other, police departments on how they make use of their space. Exhibits "A" through "E" Show .the conceptual drawings as of ..':~/27/89 prepared, by Steve Jantzen. The t~sk force has reviewed these p. lans with the City Council. This was done at the task force meeting held on May q, 1989. Further discussion with regard to the plan will be held at the June 1st meeting, Cost Estimates The cost estimate for the east end option is contained in Exhibit "F". Basically the useable square footage df the existing facility as it presently stands is ~120 sq. ft. The remodeling of the existing structure would provide an ~dditional 1200 square feet o.f useable space and the new addition of 5000 sq. ft. of useable space would bring' the total square footage of useable sPace t.o 10,320 squ~re feet. The architect hss used the square footage cost of $80 ~per square foot on the new addition and a s'!i'ghtly less figure on the remodeling of the existing space. As you cch see, the preliminary cost estimate for the addition totals $~86,73~. The preliminary cost estimate for the city hall remodeling is $216,770 for a total of $703,50;4. Financing We have identified basically t~o methods by ~hich a project of this type could be financed: 1) Bond issue, 2) Capital improvement debt service fund. If the bond issue method was selected, a referendum vote would -7- bare to b.e taken in order to get approval to go ahead wi.th the project. Based upon recent referendums with i.e., City'of Mound public works facility and school district-, etc., the task force would not recommend the bond issue financing method. The staff has suggested to the task force and bas discussed with the City Council the use of the Capital Improvement Debt Service fund. This fund accounts for all assessment projects and bonds issued by the City of Mound before 1978. The cash balance at the end of 1988 is $2,269,000. This fund could be tapped for this project without placing additional tax burden on the local taxpayers. CONCLUSION/RECOMMENDATION As ha's been stated, the task force was appointed by the City Council to assess the future expansion needs of the City of Mound with regard to city hall,' police and fire facilities. The task force spent many hours meeting, reviewing m--terimls, touring existing facilities and area facilities. The task force believes that the expansion of the city hall is necessary to address the inadequacies that have been identified. It believes that the police department facility needs to be upgraded so it can provide -its services within a better working environment. Further, it believes that a new addition and 'remodeled facility will accomodate the needs of the City for many years to come. T.he task force understands that it is strictly:advisory and has -been~ formed to assess needs and propose solutions, in additio'n, it believes that it should work in partnership with the City Council to resolve the problems that have been indentified. It strongly recommends that remodeling of the existing city hall be done and an addition be placed on the building on the east side as Exhibits "A" through "F" have identified. It further emphasizes that delay will cause the problem to become worse. It is in the City's best interest to act now or face additional problems and increased costs. ~ The °taSk force, recommends that the ground be project in the spring of 1990, with occupancy 1 990. broken for the in the fall of The City Council is requested to give the Task Force's re6ommendations serious consideration. If the City Council has any questions, please feel free to contact any member of the Task Force or City Staff. -8- I I I I McCombs Frank Roos Associates, Inc. Twin Cities St. Cloud 15050 23rd Ave. N. Plymouth, MN 55447 July 25, 1989 Telephone 612/476-6010 Facsimile 612/476-8532 Engineers Planners Surveyors Hr. Edward J. Shukle, Jr., City Manager City of Mound 5341Maywood Road Mound, Minnesota 55364 SUBJECT: City Hall Expansion MFRA #8878 Dear Mr. Shukle: Enclosed are copies of our updated Preliminary Cost Estimate for the City Hall Expansion. The obvious difference between this estimate and the estimate of April 27, 1989 is that this is somewhat higher. Numerous changes have been made to the concept plans since the first cost estimate was done on February 24, 1989. In the process of meeting together, discussing needs and touring other facilities, the expansion plans evolved into something more concrete. The first cost estimate was calculated in a fairly detailed manner, but to save time, the succeeding two revised estimates were done by multiplying a rough square foot cost by the estimated increase in area. To arrive at the accompanying fourth cost estimate, we used the first cost estimate as a basis, and recalculated all quantities and refigured the costs. In some cases, we also increased the unit prices of certain items which are susceptible to change. We have also eliminated the separate item for Contractor's overhead and profit and merged this cost with the construction cost. The increase in the site work figure occurred through the addition of landscaping, signage, retaining walls and a larger water service to accommodate the sprinkler system. The total project cost of the addition is a little misleading, in that $100.000 o~_ the total project cost is for the ~levator _an~ $92.000 is site work. If these two items are excluded, the total project cos~ becomes $369,000, which works out to approximately $7.0,00-' per square foot. This square foot figure is in line with our estimating guides for the cost of a building of this type. For estimating purposes, we have used a good commercial masonry and steel type of construction, whereas the cost could be lowered by using a different type, such as wood frame or light gauge metal frame. We modified the remodeling costs similarily to the addition costs. In remodeling, many times one does not know what the actual conditions are until construction is underway. There is also much more labor involved. Because of this, we have increased the contingency from 10% to 15%, which is more in line with prevailing industry practices. Also, some of the unit prices in the detailed breakdown have been increased. An Equal Opportunity Employer Mr. Edward J. Shukle, Jr. July 24, 1989 Page Two We hope this gives you a clearer understanding of the estimate increase. Even though the actual construction cost will be the same whether the estimate is high or low, we wanted to supply you with an estimate that we both can be comfortable with. The total estimated project cost of $886,064.00 includes all known expenses such as Architectural fees, Construction Observation, Contract Administration, etc. If the City should decide to sell bonds to finance the project, then that expense would be in addition to those stated on the attached preliminary cost estimate. If you have any questions or need additional information, please contact us. Sincerely, McCOMBS FRANK ROOS ASSOCIATES, INC. Steven W. Jantzen~, F~.~., A.I.A. S3:aju Enclosures MOUND CITY HALL EXPANSION PRELIMINARY COST ESTIMATE City Hall Addition 1. Building 2. Site Work SUBTOTAL Contingencies (10%) TOTAL ESTIMATED CONSTRUCTION COST Construction Observation and Contract Administration (3%) Architectural Fees (9%) TOTAL PROJECT COST CITY HALL ADDITION City Hall Remodeling 1. Police Department 2. City Offices 3. Main Level/City Clerk, City Manager, Mail Room 4. Reception/Entry Area 5. Building Inspector/Park Department 6. Miscellaneous Area 7. Sprinkler Systems 8. New Exterior Finish 9. Replacement of Existing H.V.A.C. System SUBTOTAL Contingencies (15%) TOTAL ESTIMATED CONSTRUCTION COST Construction Observation and Contract Administration (4%) Architectural Fees (12%) TOTAL PROJECT COST CITY HALL REMODELING TOTAL PROJECT COST MOUND CITY HALL EXPANSION 392,000.O0 76,000.00 468,000.00 46,800.00 514,800.00 15,444.00 46,332.00 $ 576,576.00 50,000.00 26,000.00 21,000.00 23,000.00 11,000.00 15,000.00 16,000.00 35,000.00 35,000,00 232,000.00 34,800.00 266,800.00 10,672.00 32,016.00 309,488.00 $ 886,064.00 Revised 07/19/89 PUBLIC HEARING NOTICE CItY OF MOUND MOUND, MINNESOTA NOTICE OF PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PER- MIT FOR a CLASS III RESTAURANT (LIOUOR SERVICE RESTARUANT) IN THE B-2 GENERAL BUSINESS DISTRICT LOCATED AT 4451 WIL- SHIRE BLVD., AVALON, LOTS 3 THROUGH I8, BLOCK 8, PID #19- 117-~3-3! 0021. NOTICE IS HEREBY GIVEN, that the City Council oF the City oF Mound, Minnesota, will meet in the Council Chambers, 5341Maywood Road, at 7:30 p.m. on Tuesday, August 22, 1989 to consider the issuance oF a conditional Use permit For a Liquor Service Res- taurant in the B-2 Genera] Business District located at 445! Wil- shire Blvd., legally described as: Avalon, Lots 3 through 18, Block 8, PID #I9-117-23-3l 0021. All persons appearing at said hearing with reference to the above will be heard at this meeting. Francene C. Clark, City Clerk Published in, "The Laker," August 7, I989 & August 14, I989. A773 Planning Commission Minutes August ]4, ]989 Page Five de Case No. 89-835: Desperado's ]nc.? William Dunkley? 445l Wllshire Blvd.? Lots 3 - lar Block 87 Avalon? PID 23-3l 0021 CONDITIONAL USE PERMIT (PUBLIC HEARING). City Planner, Mark Ko,gl,r, reviewed the request to open a liquor service restaurant (Class III) to be ~med Desperado's at 445] Wilshire Blvd. The proposeO restaurant will have a fg]] service menu and liquor service available. The service capacity of the restaurant is approximately The owners of Desperado's are requesting a variance to the 300 foot distance requirement to re-establish ~ocks to serve the res- taurant. They have a tentative agreement with Lake Winds to lease dock space. The docks will be locate~ approximately 600 feet from the restaurant requiring a 300 foot variance. Koeg]er recommended approval of the dock variance if the Commission determines that the docks can be used without negatively impact- ing adjacent residentia) areas, or if they will not lac a nuisance to the surrounding residentfa) areas. The applicant's are also requesting a parking stall size variance. The required.sizes are 10' x 20' and ]2' x 20' for ·hanOicap stalls, however the site plan indicates 9' x lB' anO x ]9' for handicap stalls. According to the zoning coQ, 47 I~rk- ing spaces are required based on the seating capacity, however the site plan indicated 77 parking spaces which exceeds the requirements. The City Planner suggested the City require a wooden bumper height barrier along the north side of the restaurant property to define parking and driveway areas between the Skelly station and Desperado's parking area. Koeglec~.added that a 20 foot front yard setback variance will also be required. Since the variance recognizes an existing situation, approval was recommended. Staff recommended approval of the conditional use permit for es- tablishment of Desperado's as a Class II! restaurant, approval of a variance recognizing the existing nonconforming front yard set- back along Wilshtre Blvd. and approval of the parking space size variance subject to the following conditions: The applicant shall prepare a landscaping plan for the site in conformance with all of the screening requirements in the Mound Zoning Code. Such plan will be submitted to the'.Ctty Planner for revi'ew and approval within 30 days of the date of the Planning Commission meeting. Planning Commission Minutes August 14, 1989 Page 0 The applicant shall prepare a grading and erosion control plan containing contours and spot elevations appropriate to indicate existing and final grades. Such plan will be sub- mitted to the City Engineer for review and approval within 30 days o¢ the date o~ the Planning Commission meeting. The applicant shall prepare a plan Eot a bumper height wooOen barrier to be erected along the north property line to separate the restaurant use from the adjacent gas station site. The plan shall De submitte~ to the Building Official for review and approval within 30 days of the date o¢ the Planning Commission meeting. If the Planning Commission finds that the co~ercial dock variance is appropriate, the docks shall comply with Section 23.4t3 of the Mound Zoning Code. A boundary line survey will be required and must be sub- mitted to the Building Official prior to building permit is- suance. The proper variance appl ication forms and fees must De sub- m i tted. Applicant, Bi 11 Dunk]ey, spoke on behalf of Desperado's. He stated that the proposed restaurant will be up-scale and unique. He also explained the only reason they do not have ~ul] ownership of the property at this time is due to a discrepancy with the ]ega) description due to the pump house property owned by the City. Mr. Dunkley stated that in regards to the parking stall size variance, he would agree to make the stalls the required sizes. The variance is not needed. He explained the agreement with Lake Winds to lease the docks. They have a two year agreement with Lake Winds which they have the option to cancel at any time. 'Desperado's has to supply the docks and the Oocks must have a supervisor on site during busi- ness hours. The dock wi1] have ]6 slips, at the most. The Commission discussed the possibility of having a one year review o¢ the dock situation. Chair Meyer opened the public hearing. Mr. Steve Wilson, an attorney representing Ralph & Rolph Turnquist, informed the Commission that a purchase agreement has been signed Eot the "Pelican Point" property. The proposal to develop this property will inc]uQe 25 residentia] lots anO should be fully developed within 2 - 3 years. He hfgh]y objected to the approval of the dock variance· Planning Commission Minutes August I4, 1959 Page Seven Craig Henderson, owner of the Skelly station abutting the proposed Desperado's stated that he is opposed to a business opening next door to him. He complained about debris and van- dalism to cars parked at.the station for service. He agreed that a bumper barrier and a fence would help alleviate some of the problems from the past. Mrs. Olson who lives across the street is not looking forward to loud noise til all hours of the night and the debris. Chair Meyer closed the public hearing. The site plan was reviewed. The entrance/exit was discussed and it was determined that the parking lot entrance should be better defined, either by curbing or some other way. This should be added to condition item 2. of the staff recommendation. The Commission also determined that the barrier between Skelly and Desperado's should provide a vehicle and visual barrier. Items 1. and 3. of the staff recommendation should be combined to make the barrier a requirement on the landscaping plan. '.The 'dock variance request was discussed by the Commission. Wetland stated that the required distance has doubled, therefore a variance should not be approved for the docks. Hr. Dunkley stressed how important the docks will be for business, and he further explained that Desperado's will be professionally run and managed, therefore, does not expect disturbances to occur to the abutting residential areas. The Commission discussed the possibility of conditions being placed upon the usage of the docks. Motion made by Thai, seconded by Andersen, to approve the conditional use permit, approve the front y~rd set- back variance, and approve the dock distance variance including the revised conditions with item 3. being com- bined with item I., and item 2. being amended. Motion carried 5 - 2 with one abstaining (those in favor: An- dersen, Sohns, Thai, Meyer, Clapsaddle; those pissed: Weiland and Michael; those abstained: Smith). Weiland and Michael clarified their reason for opposing; they are not in favor of the dock variance because of the distance, a com- mercial dock does not belong in a residential area, an abutting property owner is not' in favor of having the docks, and approval of the dock variance could be interpreted as financial. This case will be heard at the City Council meeting of August 22, 1989. Roll W. Tumquist 2000 Chestnut Road Hamel, MN 55340 August 16, 1989 Mr. Steve Smith, Mayor 2710 Clare Lane Mound, Minnesota 55364 Dear Mr. Smith: Case No. 89-835: Desperados Inc. William Dunkley The applicant ~ requestinga conditional use permit and variances for a Class Ill restaurant/bar/music establishment with a variance for dockage in a residential area at the site of the former Donn{e's restaurant. ,Adverse Impact My father and I own approximately 16 acres of vacant land zoned residential directly across the road fi-om the proposed restaurant/bar/music establishment and directly adjacent to the proposed dock. Our property is subject to a purchase agreement with a residential developer who is obligated under the purchase agreement to file a preliminary plat with the City of Mound for not more than 25 single family lots (well _u~. der the maximum density allowed) and which will require no variances from the City. According to the developer's plan, there would be $12,000,000 to $15,000,000 in new residenual construction on the site within the next two to three years. Obviously, this development will generate very substantial, favorable tax revenue for the City of Mound. The developer has advised us that Desperados' plan for a Class 111 restaurant and dock access in front of ourproperty is totally inconsistent with hi.q developmem plan_ will reduce land values, andthat he will not proceed with the development project if' the conditional use permit and variances are granted. .Planning Commission Action Over our objections and those of other neighbors, the Planning Commission voted on Monday, August 14, 1989, to approve Desperados' requests for a COnditional use pe .m. 't by a vote of 5 to 2 with one abstention. The majority made no findings under Ordxnance 25.505.1 or 23.506.1 to support the granting of the conditional use permit or the variances. The Plmg Commission members who voted against the applicant stated: The dock which would be serving a commercial establishment in a residential area is over 600 feet away - a variance request of over 100% from the 300 feet permitted. The neighbors are against a liquor/music operation in this residential area. The applicant and the majority have given no legally sumcient reason for the dock variance. The applicant has claimed financial hardship if the variance is not granted, which is not a legally sufficient basis to grant a variance. We were particularly disturbed by one Pl~nnlng Commi.~sion member participating in the Planniug Commission discussion after closure of the public hearing in a m~nner strongly supporting the applicant while acknowledging that he had a material business relationship with the applicant. We feel this was very improper and unfair. That member did abstain from voting. Applicable Laws and Ordinance~ Ordinance 23.505.1 does not permit the granting of a conditional use permit where: (1) the conditional use is injurious to use and enjoyment of other property in the immediate vicinity or substantially diminish and .. impair property values within the immediate vicinity; (2) the establishment of the conditional use will impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. Our position is that a Class III restaurant/bar/music establi.~hment at the proposed locatmn is incompatible with a residential neighborhood. The hours alone are incompatible, operating well into the night, and closing at 1:00 a.m. The dock proposal increases the problem- Boats will be coming and going, stopping and starting, at all hours, and this noise carries across the water throughout our entire development. Patrons will, on occasion, be loud and boisterous. The patron's noise going to and from the docks is continuous along the full width of our property for over 400 feet and is definitely a nuisance. .. The current developer has told us that he will not go forward if Desperados receives its conditional use permit. This situation will clearly diminish the value of our property and will impede its normal development. The variance for dockage is extraordinary. It not only requires over a 100~ variance in the proximi~ test of the Mound ordinance, it also fails to meet the requirement that the res~d, ential and commercial properties be .in common ownership. The variance ~s also contrary to state law. The applicant stated at the Planning Commission hearing that dockage was necessary to make the restaurant econormcally viable, and that if the applicant failed to obtain dockage approval, it would not proceed. State law provides that variances from ordinances may be granted only upon a finding of undue hardship and that economic considerations alone shall not constitute an undue hardship if reasonable use for the property exists under the termq of the ordinance. Summary_ My father and I oppose the application for conditional use permit and variances for the following reasons: 1. A Class 1II restaurant/bar/music establishment and dock is incompatible with a residential neighborhood 2. Once the conditional use permit has been granted, the City .will be in a more difficult legal position to control liquor abuse fn' a residential 3. The COnditional use is injurious to our property and will impede the development of our property. 4. The variance for dockage is contrary to state law because it is based solely on economic hardship. 5. The approval of Desperados' application will eliminate the currem development of our property and the favorable increase in tax base; it may result in a permanent downgrading of our property as a site for quality single family residential development and take years to find another suitable buyer adversely affecting us and the City. We strongly request that the application be denied. Rolf W. Tumquist RWT: klj PLANN~N6 REPORT TO: Planning Commission and Staff FROH: Mark Koegler, City Planner DATE: August 8, 1989 SUBJECT: Conditional Use Permit and Variances APPLICANT: William M. Dunkley LOCATION: 4451 Wilshire Boulevard CASE NUHBER: 89-835 VHS FILE NUHBER: 89-310-A24-ZO EXISTINB ZONING: General Business (B-2) COHPREHENSIVE PLAN: Commercial BACKGROUND: The applicant is seeking approval of a conditional use permit to open a liquor service restaurant {Class III} in the old Donnie's building. The new restaurant will be known as Desperado's. Variances are being requested to recognize existing nonconforming setbacks and to allow docks to serve the new restaurant. The proposed Desperado's restaurant will have a full service menu and liquor service available. All alcoholic beverages will be served" and consumed on-site. The seating capacity of the restaurant is approximately 141. The restaurant site contains approximately 41,400 square feet of total area. The City of Mound owns a pump house site totalling approximately 10,385 square feet which is surrounded by the restaurant property. Donnie's restaurant utilized the pump house property for parking. CONNENTS: The proposed restaurant presents a variety of issues related to operation of the business and .physical site requirements. These issues are addressed as follows: 3030 Harbor Lane North Bldg.ll, Suite 104 Minneapolis, MN. 55447-2175 612/553-1950 August 8, 1989 Page 2 DOCKS - Donnie's restaurant maintained docks for use by patrons that were located at the foot of an extension of the right-of-way for East Port Road. Since the Donnie's building has been vacant for over a year, grandfather rights pertaining to dockage have expired. The Mound Zoning Code allows docks serving commercial property if approved by a conditional use permit. Such docks must be within 300 feet of the property line of the commercial property. The owners of Desperado's are requesting a variance to the 300 foot distance requirement to re-establish docks to serve the restaurant. They have reached a tentative agreement with Lake Winds to lease dock space. The docks will be located approximately 600 feet from the restaurant requiring a 300 foot variance. If the docks are to be approved, they require a finding by the Planning Commission and City Council that they comply with the criteria listed in Sections 23.505.1 and 23.506.1 of the Mound Zoning Code. These sections list the requirements for granting a conditional use permit and variance. At this point, it is difficult for staff to render a recommendation on the dock request due to total unfamiliarity with the former operation. A key issue in deciding whether or not to allow the ~docks is the potential for disturbance to the residential areas, both the R-4 Lake Winds site and the R-1 zoned property including the Pelican Point site. The docks become an extension of the commercial land use. If that extension can be made without negatively impacting adjacent residential areas, it may be acceptable. If, however, the docks will in any way be a nuisance to the surrounding residential area, they should not be permitted as part of this proposal. Public input at the upcoming meetings should assist the Planning Commission in reaching a consensus on this issue. PARKING - According to the Zoning Code, the proposed restaurant will require 47 parking spaces based on a seating capacity of 141 people. The site plan indicates a total of 77 parking spaces which exceeds requirements. A significant amount of the parking, however, occurs on the pump house property owned by the City of Mound. At the present time, the applicants do not have either a purchase agreement or a lease agreement for this land. A meeting is scheduled for later this week between the applicants and the City Manager to discuss this issue. A verbal update on this matter will be presented to the Planning Commission on Honday evening. The proposed site plan identifies 9'x18' parking stalls and two handicapped spaces that have dimensions of 11'x19'. Hound's code requires 10'x20' parki.ng spaces resulting in a space size variance. State law requires handicapped spaces to be 12'x20'. The City has routinely granted variances to permit 9'x18' parking stalls but Desperado's August 8, 1989 Page 3 requires handicapped spaces to conform to the 12'x20' minimum size requirement. SEPARATION OF USES - At the time of the rezoning hearings, testimony was offered pertaining to conflicts of use between the adjacent gas station and the restaurant. The conflicts pertained primarily to damage to parked vehicles that were struck by other vehicles that were entering and exiting the restaurant property. In order to alleviate this situation, the City may want to require a wooden bumper height barrier along the north side of the restaurant property to define the parking and driveway areas of the two us'es. STRUCTURAL SETBACK VARIANCE - The B-2 provisions of the Mound Zoning Code require a 30 foot front yard setback. The existing structure has a 10 foot setback from the property line abutting Wilshire Blvd. resulting in a 20 foot variance. Since the variance recognizes and existing situation, approval is recommended. SITE DESIGN DETAILS - The~ application contained a general site plan, however, it did not indicate grading and landscaping information. Grading will be required to construct the parking lot in the configuration shown on the site plan. Landscaping will be required including compliance with the provisions of the zoning code regarding screening of adjacent residential properties. Each of these areas can be handled by making any approvals contingent on the preparation of a grading and landscaping plan and approval of the plans by the city engineer and city planner respectively. RECONN£#DATION: Staff recommends that the Planning Commission approve a conditional use permit for establishment of Desperado's as a Class III restaurant, approve a variance recognizing the existing nonconforming front yard setback along Wilshire Boulevard and approve a parking space size variance subject to the following conditions: The applicant shall prepare a landscaping plan for the site in conformance with all of the screening requirements in the Mound Zoning Code. Such plan will be submitted to the city planner for review and approval within 30 days of the date of the Planning Commission meeting. The applicant shall prepare a grading and erosion control plan containing contours and spot elevations appropriate to indicate existing and final grades. Such plan will be submitted to the city engineer for review and.approval within 30 days of the date of the Planning Commission meeting. The applicant shall prepare a plan for a bumper height wooden barrier to be erected along the north property line to Desperado's August 8, 1989 Page 4 e separate the restaurant use from the adjacent gas statiOn site. The plan shall be submitted to the Building Official for review and approval within 30 days of the date of the Planning Commission meeting. If the Planning Commission finds that the commercial dock variance is appropriate, the docks shall comply with Section 23.413 of the Mound Zoning Code. 23.q13 23.qla Appendix B 0ocks Sexy'In9 ¢on~ner¢ial Propert~ 0ocks to serve property located In 0istr~cts B-l, B-2 or B-3 shall be permltte only after the issuance.of a conditional use permit according to Section Any conditional use permit granted by the Council shall be conditioned as follows: (1) The residential property on which dockage ls to be located and the commercial property served shell be In con,non ownership and shall be located within 300 feet of the property llne of the commercial property. (2) The mooring of boats at such dock shall be limited to a maximum of four hours. (3) No gas, oll or other product may be sold from the dock and no servicing of boats w111 be permitted. One sign for identification will be allowed but It shall not exceed a total of six (6) square feet In size. Ingress and egress from the residential lot shall be restricted to the property held under common ownership and adequate safeguards shall be provided so that persons docking will not trespass on private property or on any public property except for properly designated streets or sidewalks. (6) The owner shall be required to meet and comply wlth all the standardr and requirements of the Lake Hinnetonka Conservation District. Hinnesota Envl.ronmental Quality Boerd Regulation It iS the intent of this zoning ordinance to comply w.ith all state regulations relatlng to environmental concerns, specif, ically to Chapters 105 and 1160, Minnesota Laws of 1~76, as amended. In all administrative review procedures, at the time of application, the administrator shall determine the need for the preparation of an envi'ronmental assessment according to MEQB regulations. If the environmental assessment ls prepared, all other action on appllcations shall cease pending rull.ng from the Minnesota Environmental Quality Board.. lEDGE OF EASEMENT i / . TRASH ~' LANDSCAP! E EXISTING BAR & ~ESTAURANT NEW VESTIBULES HC HC ~RST 'DESPERAT0'$· SPACE SITE PLAN PARKING REQUIREMENTS 180 PEOPLE - 1 SPACE/3 PEOPLE: 60 SPACES 12 EMPLOYEES: 6 SPACES TOTAL REQUIRED: 66 SPACES 77 SPACES PROVIDED DESPERADOS .- AN ENTERTAINING HIDE OUST.... NORTHWEST IMAGE OF !d--'t JUL 2 5 [ PART III · · Fee $200.00 CONDITIONAL USE PERHIT APPLICATION PLANNING & ZONING COMHISSION (Please type or print the following information.) Address of Subject Property 4451 Wilshire Boulevard, Mound, MN 55364 Lot 3 through 18 (SEE AT/IACHED EXHIBIT "A" FOR ~LETE ~) Block 8 Add i t i on Avalon's Addition P I D No. 19-117'r'23-31-0021 Owner's Name Americana.Bank (until closing of Day Phone sale ~o lJesperado:s Zncorporaued is held) Owner' s. Address 5050 France Ave. So., Edina, MN 55435 920-0120 Appl icant's Name .( if other than owner) Desperad6's Inco _rporate~ Address 701 Fourth Ave. S, Suite 700, Minneapolis Day Phone 339-1290 sting-Use:of Property: vacant - for~. rl¥ Donnie's On the Lake Rsstaurant Zoning District B-2, General Business Has an application ever been made for zoniog, variance, condftional use permit, or other zoning procedure For this property? yes / do .. IF yes, list date(s) of application, action taken, and provide resolution number(s) Yes, this applicant applied for rezoning from B-3 to B-2 (Case No. 89-813) whichwas approved by theMoundCityCouncil on 5/9/89;'uponinformationandbelief, none weremadebyprevi~~ (Copies of previous resolutions must accompany this application.) owners. I certify that all 'of the above statements and the statements contained fn any required papers or plans to .be' submitted herewith are true and ac- curate. I consent to the entry in or upon the premises described in this app] ication by' any authorized official' of the City of Mound for the purpose ofr inspecting, or of posting', maintai.ning and removing such notices as may be required by ]aw. DESPERjkDO'.S INCO~?CR~TE~ · ' BY:///~/'~//~" z/y/,. ,,' / / / / / / / / / / / / / / / /./ / / / / / / / / / / / /./ / / / / / / / / / / / / / / / / FOR OFF!CE USE ONLY: Planning Commission Recommendation Approved CUP, setback variance~ and dock variance with conditions. Date 8-14-89 il Action: Resolution No. Date CONDITiON/(L USE PERtfllT APPLICATION Page Two Case No. All information requested below, a site plan as described in Part ii, and a development schedule providing reasonable guarantees for the completion of the construction must be provided before a hearing will be scheduled. Type of development for which a Conditional Use Permit is requested: 1. Conditional Use (specify): Restaurant with full liquor service incD~ing Sunday, Ch-Sale Current Zoning and Designation in the future Land Use Plan for Mound: B-2, General Business De Development Schedule: I. A development schedul, e shall be attached to this application providing reasonQble guarantees for the completion of the pro- posed development. 2. Estimated cost of the project: $ 300,000.00. Density (~or residential developments only): Numbe~ of structures: N/A Dwelling units per structure: a. number per unit type: efflcienc~ 2 bedroom Lot area per dwelling unit: Total lot area: bedroom bedroom Effects' of the Proposed Use: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts. No known' impact other than that experienced when this property was operating as Donny's On the Lake. EXHIBIT "A" ~ Ail of Lots 3 through 18 except therefrom the following: The Southeasterly 30 feet of Lot 3; the Southeasterly 30 feet of Lot 4; the Southeasterly 30 feet and the Northwesterly 35 feet of the Southwesterly 5 feet of Lot 5; the Southeasterly 30 feet and the Northwesterly 35 feet of Lot 6;"the Southeasterly 30 feet and the · Noz-thwesteriy 35. feet of..Lot 7.; the Southeasterly 30 feet and the Northeasterly 15 feet of the Northwesterly. 22 feet of Lot 8; the Southeasterly 30 feet of Lot 9; the Northeasterly 15 feet of Lots 10 and 11; the Southeasterly 67 feet of Lot 14; the Southeasterly 67 feet and that part of the Northeasterly 20 feet lying Northwesterly of the Southeasterly 67 feet of Lot 15 and the Southeasterly 5 feet of Lot 16, all in Block 8, Avalon ......... JAY larN N ETT WILLIAM ~4. DLJNKLEy ROBERT P. CHRISTENSEN JOHN HARPER II1~ P. A. THOMAS J. HUNZlKEI~ DANIEL W. HERGOTT, 5TEVEN 5. NO5EIK~ I=. A. RICHARD M. DAHL DUNKLEY, BENNETT & CI-I1;iISTENSEN, P. ATTORNEY~ AT LAW ~UIT[ 700 7OI FOURTH AVENUE SOUTH NINN EAPOLIS~ NIN N ESOTA TELEPHONE (01~) July 25, 1989 HAND DELIVERED City of Mound 5341 Maywood Road Mound, MN 55364 Re: Application for Conditional Use Permit and Liquor License by Desperado's Incorporated Ladies & Gentlemen: Enclosed herewith for filing please find the applications of Desperado's Incorporated referenced above together with a check in the amount of $2,220.69 representing the various application fees as set forth on the attached Schedule 1. As you already know, Desperado's Incorporated is desirous of opening a restaurant and bar at 4451 Wilshire Boulevard in the City of Mound which was formerly Donny's on the Lake. The restaurant and bar will be "Desperado's" and is planning to open on or about December 1, 1989, after completing the purchase of the site, obtaining all licenses and permits and completing remodeling of the site. Because the business will not be opened until December 1st, we are submitting with the enclosed applications signed copies of the liquor liability insurance application ($1,O00,000) and surety bond application ($5,000), the originals of which have been forwarded to the insurance agency who will bind coverage approximately one month prior to opening. The name of the insurance agency is the Ed Arnold Company, 6551 City West Parkway, Eden Prairie, MN 55344. You may contact the owner, Richard J. Ahmann, Jr. or his assistant, Cindy Daniels, at 941- 9452 to confirm that all applications are in order and what actual insurance companies will be providing coverage together with any other information you may require. Currently, Desperado's Incorporated is carrying general liability in the amount of $300,000 and property insurance on the vacant building in the amount of $190,000 which will be increased when the remodeling is commenced. City of Mound July 25, 1989 Page 2 If you require any additional information, please contact the undersigned, my Legal Assistant, Ginny Rowlette, or my Secretary, Becky Scheiber, at 339-1290. Thank you for your courteous assistance in this matter. Very truly yours,, William M. Dunkley WMD: bls Enc. $0 .3 $$ NOTICE OF PUBLIC HEARING CITY OF MOUND, MINNESOTA Notice is hereby given that the City Council of the City of Mound, Minnesota, will meet on Tuesday, September 12, 1989, at 7:30 P.M. for the purpose of a public hearing on an application for an "On-Sale" Intoxicating Liquor License for William Michael Dunkley, Susan Kay Dunkley, Karen Louise Peters, Raymond Henry Peters, Patricia Guttormson, Frederick Guttormson, Peter Glint, Mary C. Ferrell, Wil'liam'J. Ferrell, and Brad L. Cook, dba Desperado's, Incorporated, at 4451Wilshire Boulevard (formerly Donnie's Restaurant). At this hearing, opportunity shall be given any person to be heard for or against the granting of the license. Francene C. Clark, CMC, City Clerk ,Publish in The Laker - August 28, 1989 Case No. 89-832 NOTICE OF PUBLIC HEARING MOUND, MINNESOTA HOUSE MOVING NOTICE is hereby given that the Mound Advisory Planning Commission will meet on Monday, August 14, 1989, at 7:30 P.M. and the City Council will meet on Tuesday, August 22, 1989, at 7:30 P.M. at City Hall, 5341Maywood Road, to consider the moving of a single family dwelling from 3018 Island View Drive to the leaglly described vacant lots of Lots 7 and 8, Block 17, Avalon; PID #19-117-23 31 0074; 44XX Manchester Road. All persons wishing to be heard will be heard at those times. Francene C. Clark, CMC " City Clerk Publish in the Laker - July 31, 1989 GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A. HAROLD G. CANT HENRY W. HAVERSTOCK JAMES $. 5]MONSON RICHARD N. FLINT CURTIS D. FORSLUND MACLAY R HYDE BRUCE D GRU$$1NG C. $TEVEN WILSON JOHN S. CROUCH DAVID T. BENNETT EDWIN C. CARPENTER LINDLEY S. BRANSON JOHN W. THIEL ALBERT ANDREWS, JR. NOEL R. MULLER FRANKLIN C. JESSE, JR DAVID L WHITE FAMELA N. MERKLE THOMAS DARLING JOHN M. NICHOLS MARTHA A, VAN DE VEN [MARY BETH BRODY DAVID N MOOTY RICHARD A. HACKETT WILLIAM D, KLEIN SUSAN L, SEGAL JOHN L. KRENN DAVID M. COYNE LAW OFFICES l '.l ~0 Ci' F'~ CENTER THIRTY THkk:E ~3'7 L~TH SIXTH STREET MINNEAPOLIS, MINNESOTA 55'}02 TELEPHONE 612 · 343-2800 TELECOPIER 612 · 333-0066 TWX 910-576-2778 DIRECT DIAL 343-2844 August 21, 1989 DA'VID C. BAHL$ PHILLIP BOHL JAMES f. CARROLL ROBERT E. HARDING LAURA J. H~;IN MYRON L, FRANS KENNETH J. ELCHERT ERIE T. SALVESON RICHARD G. BRAMAN PENNY M. TIBKE NANCY A. GUATTLEBAUM WILLIAM J. FISHER VIRGINIA $. SCHUBERT GEORGE R, WOOD TAMARA HJELLE OLSEN JEFFREY D. FICK LYNN B. NOLAND NADINE C. MANDEL NANCY ROETMAN MENZEL QUENTIN R. WITTROCK JAMES Y. PRICHARD GREGORY R. MERZ P DtANE FEALER BRIAN B SCHNELL WADE T. ANDERSON ARTHUR W. DICKINSON BY HAND DELIVERY Mr. Steve Smith, Mayor Members of the City Council Mound, Minnesota Re: Cage No. 89-835: Desperados Inc. Dear Mayor Smith and Members of the City Council: Our office re~resents Ralph Turnquist and Rolf Turnquist, owners of a 16 acre parcel of undeveloped land immediately adjacent to the site of the proposed Desperados restaurant/bar/music establishment. This letter supplements our clients' letter of opposition dated August 16, 1989. As set fort~ in this additional letter, our clients are deeply troubled by t,oe applicant's proposed use for the former Donnie's restaurant. ~ believe that the application itself is seriously flawed, both £rom a procedural and land use perspective. The basic requi::.~ments for a conditional use permit and the required variances Dav~ not been followed, to such a degree that the overall apok~cation process for these permits has been tainted beyond remotely. Moreover, the proposed restaurant/bar is the wrong kind c~! use for a residential neighborhood. For all of these reaso'~:.s, this application must be denied. Our cl:.e~,::~: o~,position to the Desperados bar/restaurant summa~.:~z~,cl as follows: can be Mr. Steve Smith, Mayor August 21, 1989 Page 2 The proposed which guide a variance; use cannot meet the regulations the issuance of a conditional use or The approval process has been tainted by an improper conflict of interest; and The procedural requirements of the permit process have not been followed. We urge you to give serious consideration to the points outlined in this letter, and to listen carefully to the testimony which you will hear at the Council meeting on Tuesday night. We have also enclosed with this letter copies of the petitions in opposition to the Desperados bar/restaurant, signed by approximately 80% of the residents of the immediately surrounding area. We are confident that after you have considered fully the concerns of the neighbors and have applied the substantive and procedural laws as set forth in the Mound City Zoning Code, you will agree that this is the wrong use for this site. 1. The Proposed Use is Incompatible with the Surroundings It is essential to recognize at the outset that this is not a vote over which is pr~ for the neighborhood, housing or a restaurant/bar. That decision already has been made by the City, in approving the zoning regulations for this area. Housing is the primary and most valued use, and a bar or restaurant can only be allowed if this Council legitimately concludes that there will be no harm to the surrounding residential property. This presumption in favor of the residential property is expressed in the conditional use requirements of the Zoning Code, and has been recognized by the staff planner reviewing this application. As the planning report for this application states: "If the docks will in any way be a nuisance to the surrounding residential area~ they ~hould not be permitted as part of this proposal." A. The Conditional Use Permit It would be difficult to imagine a proposed use less compatible with surrounding residential property than Desperados. As the testimony and the petitions make clear, the proposed bar/restaurant and dock use will greatly interfere with the surrounding land uses. The statutory requirements for issuance of a conditional use permit cannot be met for the following reasons: Mr. Steve Smith, Mayor August 21, 1989 Page 3 1. The noise, traffic and injurious to the use and enjoyment adjacent condominium residences; influx of patrons will be of the residents at the 2. The noise, seriously detrimental Turnquist property; traffic and influx of patrons will be to the anticipated residents on the 3. The proposed permits will jeopardize a pending sale of the property, and may make it difficult for the Turnquists to market their land for residential use for the next few years. This will impede the normal and orderly development and improvement of surrounding vacant property; 4. The discouragement of high quality residential use will negatively impact the city's revenues, especially the school district's revenues, by blocking construction of homes with high property tax values on the Turnquist land, thus adversely affecting the fiscal needs of the City of Mound; 5. There have not been adequate measures proposed which would mitigate the noise, fumes, traffic, potential hazard from patrons drinking alcoholic beverages, including potential automobile accidents; 6. The docks variance will lead to a large number of patrons crossing a public road. Many of these patrons will be crossing the road during evening hours and some may be intoxicated. This will necessitate the installation of a pedestrian cross-walk, and will result in patrons using the Eastport Road, both of which could seriously expose the City of Mound to liability in the event of an auto accident; and 7. The use is inconsistent with the purposes of the Zoning Code, which fosters and encourages residential development and maximum development of residential parcels of land. The City of Mound has broad discretionary power to deny an application for a conditional use permit. VanLandschoot v. City Qf Mendota Heiqhts (1983), 336 N.W.2d 503,509. The applicant has the burden of proving by clear and convincing evidence that there will not be any substantial detriment to neighboring property. Westling v. St. Louis Park (1969), 284 MN 351, 170 N.W.2d 218. There has been ample evidence produced which would support denial of this application. Indeed, concern for possible public Mr. Steve Smith, Mayor August 21, 1989 Page 4 tort liability has been expressly recognized as a legitimate grounds in itself for turning down a conditional use permit. V~B~andschoot v. City of Mendota Heights (1983), 336 N.W.2d 503, 510. In VanLandschoot, the applicant's variance would have required a private driveway over a public right-of-way, just as in this case the variance would require a pedestrian crosswalk across a public right-of-way. B. The Variance There has been no showing of any facts which could justify the award of a variance for this applicant. As recognized by the provisions of the Zoning Code, a variance is a special license awarded under highly limited conditions -- it cannot be invoked as a flexible kind of zoning for favored applicants. Minnesota law is clear in holding that variances can only be granted for "hardship" if the property in question cannot be put to a reasonable use. Minn. Stat. § 462.357, Subd. 6 (1986); Mound Zoning Code, Section 23.1145(C). The courts of this State have repeatedly concluded that when a landowner purchases a property with knowledge that the desired use requires a variance, the hardship is created by the landowner and is not grounds for variance under the hardship statute. ~ Johnson (1987), 404 N.W.2d 298. See also Castle Design v. City of Lake Elmo (App. 2986) 396 N.W.2d 578. Here, the investors of the Desperados were aware of the need for a variance when they submitted a purchase agreement for the restaurant/bar. Hence, they cannot complain of a hardship so as to justify a variance. Financial hardships cannot justify a variance. The use of the docks by patrons will be especially detrimental. Patrons will be coming and going at all hours. There will be noise of the motors and from rowdy patrons. The restaurant/bar will create an excessive use of the docks, and will attract a nature of patrons who will be especially injurious to the nearby residents. There should be no real dispute over the attributes of this application: none of the required criteria for variances have been met. There are no extraordinary circumstances applying to the property -- the applicants merely want to increase their profits and revenues by enlarging the scope of their business. This situation would be no different than if an owner of property in an area with a 10 story building height limit wanted to construct a 15 story building on his land; while the desire to maximize profits would certainly be understandable, by no means could it justify a variance from existing zoning requirements. Mr. Steve Smith, Mayor August 21, 1989 Page 5 SO too, there is nothing in this application which has established that the literal interpretation of the Ordinance would deprive the applicant of any commonly enjoyed rights, or that there is any hardship which needs to be alleviated. Finally, it would be impossible for the Council to conclude that the variance would not be detrimental to property in the surrounding area. The owners of the Desperados are attempting to expand upon an abandoned restaurant, which has lost any grandfathering rights it might previously have had. The prior use is irrelevant to this application. While the desire for the docks variance certainly is understandable, this cannot substitute for meeting the strict statutory requirements for issuance of a variance. We are confident that any reviewing court applying the laws of this state would promptly reverse any award of a variance, on the grounds that the required conditions could not possibly be met in this case. We urge the Council to avoid the costly protracted legal dispute which could result from issuance of this variance. 2. Conflicts of Interest At the consideration of this application at the recent meeting of the Mound Planning Commission, Commissioner Kenneth Smith disclosed that he was a financial partner in a business entity closely related to the partnership which is the applicant for these permits. For this reason, this Commissioner properly announced that he could not vote on the proposed application. Notwithstanding this acknowledged conflict of interest, however, this same Commissioner spoke in favor of the application -- from the "bench" and after the public hearing had been closed. Such active participation as a Commissioner clearly violates conflict of interest principles, and impermissibly taints the entire Planning Commission recommendation for this application. Section 23.505.1 of the Planning Code requires a recommendation of the Planning Commission, prior to issuance of a conditional use permit. Because the Planning Commission's recommendation was so severely tainted by the advocacy of an admittedly interested Commissioner, there has been no legitimate Planning Commission recommendation and these permits may not be approved by the City Council. In addition, we also understand that prior to consideration of this application, a rezoning of the property was required to allow the proposed use. We have been informed that at the Mr. Steve Smith, Mayor August 21, 1989 Page 6 hearing on the rezoning of this site, which was voted on by the Planning Commission on April 24, 1989 and was subsequently approved by the City Council, that same Commissioner participated without disclosing his financial interests and voted for the rezoning. In our opinion this Commissioner's participation renders the required rezoning a nullity. Unless the Council returns this matter to the Planning Commission for a fresh vote on the rezoning, without any participation of the interested Commissioner, we believe that any permits premised upon such rezoning will be readily invalidated by a reviewing Court. 3. procedural Irreqularities The process of reviewing the application of the Desperados has been fraught with procedural irregularities, such that this application should not be approved by the City Council. First, the very notice of this hearing was not published or distributed according to the Planning Code's requirements. The notice to owners of surrounding property was not mailed until August 16, far less than the required ten days. (See photocopy of notice, attached to this letter). Moreover, the notice itself is defective, as it only lists a conditional use permit and makes no mention of the dock variance. In light of the fact that this is summertime and many property owners may be away on vacation, and because the notice makes no mention of the dock variance, the lack of adequate notice may have a real impact upon the conduct of this hearing and the testimony to be presented. Moreover, the majority of the Planning Commission recommending the applicant's conditional use permit and variances failed to make the findings required by the Zoning Code. The Zoning Code instructs the City Council to act upon the recommendation of the Planning Commission, but without findings there is no legal recommendation upon which the Council could act. The lack of findings also greatly prejudices our clients, and hinders their ability to challlenge the substantive or procedural legitimacy of this recommendation without having had the opportunity to review the required findings. In addition, the required documents and legal prerequisites for issuance of these permits have not been met. The dockage ordinance (Section 23.413) permits the use of docks in residential property in conjunction with commercial property only where the two properties are in common ownership. These properties are not in common ownership. To permit a variance of this requirement would be to permit a variance in use in a residential area. Use variances are not permitted under the Mr. Steve Smith, Mayor August 21, 1989 Page 7 Mound Zoning Code. Even if such a variance could in theory be granted, Desperados has not produced a valid and binding lease for the docks. Moreover, they have not produced any proof of ownership of the adjacent land they intend to use for parking. Until the applicant has obtained and produced these agreements, it would be absolutely premature for the Council to issue these permits. A restaurant/bar/music establishment with dock and water access would be highly detrimental to the surrounding residential character of the neighborhood, and would have a substantial impact on the Turnquist property. We urge the Council to give proper consideration to the needs of the neighbors and the city as a whole, and not give special favors to applicants who propose a use which is detrimental to the surrounding area. The facts in this case support neither a conditional use permit nor the issuance of any variances. The application of Desperados must be rejected by the Council. Very truly yours, GRAY, PLANT, MOOTY, MOOTY & BENNETT, P.A. Attorneys for Ralph and Rolf Turnquist cc: Curtis Pearson, City Attorney 2195G PETITION TO: MOUND CITY COUNCIL We, the undersigned, residents and property owners of Mound, Mirmesota, feel that the Desperado's restaurant/bar/music establishment proposed at 4451 Wilshire Boulevard(The old Dounie's) will negatively affect the health, safety, and general welfare of the surrounding neighborhood of Island Park. Specifically, we are concerned about a restaurant/bar/music establishment within a quiet, residential neighborhood and the resultant noise (until late at night), congestion, Property damage, number of alcohol-related traffic and boating acciaents, parking problems, public nuisances, and increased use of a limited police force to respond to citizen complaints. Therefore, we urge the City Council of Mound to vote NO on the conditional usa permit of Desperado's. NAME/ADDRESS/PHONE: PETrrION TO: MOUND CITY COUNCIL We, the undersigned, residents and property owners of Mound, Minnesota, feel that the Desperado's restaurant/bar/music establishment proposed at 4451 Wflshire Boulevard (The old Donnie's) will negatively affect the health, safety, and general welfare of the surrounding neighborhood of Island Park. Sp.ecifically, we are concerned about a restaurant/bar/music establishment within a qmet, residential neighborhood and the resultant noise (until late at night), congestion, property damage, number of alcohol-related traffic and boatin accidents, parldng probings, public nuisances, and increased use of a limitged police force to respond to citizen complaints. Therefore, we urge the City Council of Mound to vote NO on the conditional use permit of Desperado's. NAME/ADDRESS/PHONE: '4 . PETITION TO: MOUND CITY COUNCIL We, the undersigned, residents and/~.rOoqperty owners of Mound, Minnesota, feel that the Desperado's restaurant/bar/music establishment proposed at 4451 Wilshire Boulevard (The old Dormie's) ~ negatively affect the health, safety, and general welfare of the surrounding neighborhood of Island Park. Specifically, we are concerned about a restaurant/bar/music establishment within a quiet, residential neighborhood and the resultant noise (until late at night), congest!on, property d, ,a~nage, m, _re_her of alcohol-related traffic and boating accmems, parring promems, public nuisances, and increased use of a limited police force to respond to citizen complaints. Therefore, we urge the City Council of Mound to vote NO on the conditional use permit of Desperado's. NAME/ADDRESS/PHONE: PETITION TO: MOUND crrY COUNCIL We, the undersigned, residents ancl/151'bperty owners of Mound, Minnesota, feel that the Desperado's restaurant/bar/n;fia}ic establishment proposed at 4451 Wilshire Boulevard (_The old Donnie's) will negatively affect the health, safety, and general welfare of the surrounding neighborhood of Island Park. Sp.ecifically, we are concerned about a restaurant/bar/music establishment within a qmet, residential neighborhood and the resultant noise (until late at night), congestion, property damage, number of alcohol-related traffic and boating accidents, parking problems, public nuisances, and increased use of a limited police force to respond to citizen complaints. Therefore, we urge the City Council of Mound to vote NO on the conditional use, permit of Desperado's. NAMt /A>DDRESS C4_ /PHONE: PETITION TO: MOUND CITY COUNCIL We, the undersigned, residents anC'lSroperty owners of Mound, Minnesota, feel that the Desperado's restaurant/bar/rdu~ic estaDlishment proposed at 4451 Wilshire Boulevard (The old Donnie's) will negatively affect the health, safety, and general welfare of the surrounding neighborhood of Island Park. Specifically, we are concerned about a restaurant/bar/music establishment within a quiet, residential neighborhood and the resultant noise (until late at night), con.g,estion, property damage, number of alcohol-related traffic and boating _accuaents, parmng problems, public nuisances, and increased use of a limited police force to respond to citizen complaints. Therefore, we urge the City Council of Mound to y0te NO on the conditional use permit of Desperado's. NAME PETITION TO: MOUND CITY COUNCIL We, the undersigned, residents and property owners of Mound, Minnesota, feel that the Desperado's restaurant/bar/music establishment proposed at 4451 Wilshire Boulevard (The old Donnie's) will negatively affect the health, safety, and general welfare of the surrounding neighborhood of Island Park. Sp.ecifically, we are concerned about a restaurant/bar/music establishment within a qtuet, residential neighborhood and the resultant noise (until late at night), congestion, Property damage, number of alcohol-related traffic and boating accidents, parking problems, public nuisances, and increased use of a limited police force to respond to citizen complaints. Therefore, we urge the City Council of Mound to vote NO on the conditional use permit of Desperado's. NAME/ADDRESS/PHONF~ . PETITION TO: MOUND CITY COUNCIL We, the undersigned, residents and property owners of Mound, Minnesota, feel that the Desperado's restaurant/bar/music establishment proposed at 4451 Wilshire Boulevard (The old Donuie's) will negatively affect the health, safety, and general welfare of the surrounclMg neighborhood of Island Park. Specificall.y, we are concerned about a restaurant/bar/music establishment within a quiet, residential neighborhood and the resultant noise (until late at night), congestion, property damage, number of alcohol-related traffic and boating acciaents, parking problems, public nuisances, and increased use of a lknlted police force to respond to citizen complaints. Therefore, we urge the City Council of Mound to vote NO on the conditional use .permit of Desperado's. NAME/ADDRESS/PHONE: /4 2 ~, -/.2 Sc' PETITION TO: MOUND CITY COUNCIL We, the undersigned, residents and property owners of Mound, Minnesota, feel that ~e ,Despe, r~a~do's r,es, t~urant_,/~_,ar/music establishment proposed at 4451 Wilshire ~omevara t I ne Ola ~onnie s) will negatively affect the health, safety, and general welfare of the surrounding neighborhood of Island Park. Specifically, we are concerned about a restaurant/bar/music establishment within a quiet, residential neighborhood and the resultant noise (until late at night), congestion, property damage, number of alcohol-related traffic and boating accments, parking problems, public nuisances, and increased use of a limited police force to respond to citizen complaints. Therefore, we urge the City Council of Mound to vote NO on the conditional use, permit of Desperado's. N ' /ADD S /~ : PETITION TO: MOUND CITY COUNCIL We, the undersigned, residents and property owners of Mound, M{,mesota, feel that the Desperado's restaurantf,~ar/music establishment proposed at 4451 Wilshire Boulevard (The old Donn{e s) will negatively affect the health, safety, and general welfare of the surrounding neighborhood of Island Park. Specificall.y, we are concerned about a restaurant/bar/music establishment within a quiet, residential neighborhood and the resultant noise (until late at night), congestion, property damage, number of alcohol-related traffic and boating accidents, parking problems, public nuisances, and increased use of a l{m{ted police force to respond to citizen compla{nts. Therefore, we urge the City Council of Mound to vote NO on the conditional use permit of Desperado's. CITY of MOUND ,5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 , 19-]17-~3 3] 0087 l':~Ra'lph C Turnquist 3220 W Calhoun Parkway Hinneapolls, HN 55~16 hhh,hl,,i,,h,,Ihlh,,h,hlh,,hh,,,Ih,li,! CITY OF MOUND MOUND, MINNESOTA INFORMAL PUBLIC HEAR NG TO CONSIDER A CONDITIONAL USE PERMIT FOR A CLASS III RESTAURANT (LIOUOR SERVICE RESTARUANT) IN THE B-2 GENERAL BUSINESS DISTRICT LOCATED AT 445! WILSHIRE BLVD., AVALON. LOTS 3 THROUGH 18, BLOCK 8, PiP #19-117-23-31 0021. NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission oF the City oF Mound, Minnesota, will meet in the Council Cham- hers, 5341 Maywood Road, at 7:30 p.m. on Monday, August 14, 1989 to consider the issuance oF a conditional use permit For a Liquor Service Restaurant in the B-2 General Business District iocate~ at 445! Wilshire Blvd., legally described as: Avalon, Lots 3 through ]8, B]ock 8, PID #19-II7-23-3! 002I. All persons appearing at said hearing with reference to the above will be heard at this meeting. Francene C. Clark, City Clerk Mailed to property owners within 350' on 7-31-89. PUBLIC HEARING NOTICE CItY OF MOUND MOUND, MINNESOTA NOTICE Of PUBLIC HEARING TO CONS]DER A CONDITIONAL USE PER- MIT FOR A CLASS III RESTAURANT (LIQUOR SERVICE RESTARUANT) IN THE B-2 GENERAL BUSINESS DISTRICT LOCATED AT 445I WIL- SHIRE BLVD., AVALON, LOTS 3 THROUGH 18, BLOCK 8, PID #19- 117-23-31 002l. NOTICE IS HEREBY GIVEN, that the City Council oF the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m, on Tuesday, August 22, I989 to consider the issuance oF a conditional use permit For a Liquor Service Res- taurant in the B-2 General Business District located at 445l Wtl- shire Blvd., legally described as: Avalon, Lots 3 through 18, Block 8, PID #19-ll7-23-31 0021. All persons appearing at said hearing with reference to the above will be heard at this meeting. Fr~ancene C. Clark, City Clerk Published in, "The Laker," August 7, 1989 & August J4, 1989. August 22, 1989 To: Mound City Council From: James E. Mosser 2869 Tuxedo Blvd. Mound, Mn For the past two years I've been a home-owner in Mound on Island Park. And aside from some speeding cars, and a minimal amount of vandalism caused Dy kids, it is a exceptionally quite community. Why subject this kind of residential area to the kind of establishment you are proposing. The Bar/Restaurant, is scheduled to have live music, that means the neighborhood will have to live with a weekly noise problem untill 1:00 AM..Why not put it in a buisness district where other Duisnesses can listen to it, instead of children trying to sleep. What kind of clientele do you imagine will be drawn to a bar who's name is defined Dy Websters dictionary as "desperate criminal". I dont imagine it will be the yuppies, or the buisness men stopping on his way home to have a cocktail. It will most likely De the young rowdy crowd out on a friday night looking for a place to party and get drunk. And once a place gets such a reputation, the land values in the neighborhood will fall because no one wants to bring up a family in such an area. For 1/2 of the people on the island, Tuxedo Blvd is the road they use to obtain access to and from the island. This means they will have to go right past the Desperado. And on Friday & Saturday evenings when you have got people coming and going from the bar (some of them intoxicated) the residents have no choice but to share Interlachen Rd with these people. I'm not talking just about residents in cars, but also kids on Dikes, couples walking the dog, ect. Interlachen Rd from the split of Wilshire and Tuxedo (where the Desperado would De located) until 15 has no side walk. So people are forced to walk on the street. Which could prove to be dangerous. It has been stated that the Desperado is looking into renting 16 docks to De used by boaters who want to go to the bar or restaurant. Minnetonka is already renouned for its number of BWI's, it cuTrently holds 44% of the states total. Why encourage drinking and boating with such an establishment. t-see laker clippingt, The previous owners of the building came before you with good intentions, yet while speaking with the people of the neighborhood I've found t'hat the problems of such a place outweighs the Denifits to the sorrounding area.. Like increased noise, traffic, vandalism & theft. In short the Du~sness =na= ~s being preposed would do nothing but degrade and indanger what is now a fine community. Water' Patrol has arrested 50 for BWI ' Hennepin County SheriWs Wa~er Patrol deputies have made 50 Boat- ing While Intoxicated (BWI) arrests so far this y~ai~..~-- ' Ali 50 of tho ar~ts were mad~ on Lake MinnO. Ofika, said DePuty Rick Meiers. That number com- pares to a county: total of 42 for.all, Of last year. "Every deputy.actively pursues BWI offenders," said Meiers who' attributes the high number of, arrests to an increase in patroling: Speedihg, no lights, excessive Spotlights and no registration are the most ~:ommon reasons that a boate,t i~ stopped', said Meiers. The depul~e{ ~: trai~ed to spot B~ 0ffende~! ~ adde~ ~ .?: ? ~ The 50 re'rests on Minnetonka make up almost, half of the total ar- rests in the statle this year as well. According to Tim Smalley of the DNR, them;have been a total 0f 112 BWI arrests statewide so far this .year, which compares to a total of 103 ~ arrests for all of last year. Found or, Cront page o¢ last weeks laker, MOUND ADVISORY PLANNING COMMISSION August !4, !989 BOARD CIE APPEALS: Case No. 89-832: Ferner (Skip) Johnsont .Request to mov~ house from 3018 Is)and View Drivet to 4430 Hanchester Road? Lots 7 & 8, Block 177 Avalon? rID #19-II7-23-31 0074. HOUSF MOVING (PUBLIC HEARING). The Building Official, Jan Bertrand explained that this case was referred back to the Planning Commission from the City Council so a public heating'could be initiated to notify the affected neigh- bors. "Bertrand reviewed the requirements that need to be met Dy the ampiicant (n order to move the house. The house must conform to all current building, plumbing, 'and mechanical codes, with the exception of the energy code. Skip Johnson, applicant, spoke on his behalf. He explained some of the ,improvements which have been done to the home within the last two years, they are: new windows, interior paint, new flooring in kitchen, dining room and bathroom, new bathroom Fix- tures, and new kitchen counter top. He also included some items which will be improved/added when the house is moved: new foun- dation with an extra course for a higher ceiling tn the basement, two extra bathrooms will be roughed-in, aluminum casing covers at the exterior doors, re-roof, and a deck will be added. Planning Commission Minutes August ~4, 198D Page Two Skip stated that he believes the assessed valuation will increase From the current assessed value.of the structure which is $34,600 plus $20,000 for the new basement and improvements, plus proximately $22,000 for the lot, therefore, the dwelling and land should have an approximate value of $77,000. The applicant proceeded to hand out pictures of all the houses in the vicinity, pictures of the house to be moveO, and pictures of .the vacant lot where the house is to be moved. Chair Meyer opened the public hearing. Bryan-Clem, 4436 Manchester who is an adjoining land owner to the subject site, expressed his feelings that if the proposeO house is moved onto the subject lot it will reduce the valuation of'the abutting properties. He referred to City Code Section 300:25 and stated that if this request was approved, it woulO not be in com- pliance with the ordinances. He stressed that the .City needs to follow the intent of the ordinance. He aisc referred to the Com- prehensive Plan and feels this would be violated. Mr. Clem expressed his disapproval of the notification process used by the. City to notify abutting neighbors of cases affecting their property. In addition, he referred to Case #87-661 which was denied since the neighborhood was developed in the ?O's and the request was to move a 1940's house into that neighborhood. Mr. Clem then proceeded to show an- overhead of a map of the neighborhood showing the assessed values of abutting properties/structures. Mr. Clem's property is appraised at $17,000 and his structure at $81.,000. Mr. Clem also showed a video tape of the neighborhood and commented on the types and style of the houses stressing that, in his opinion, the proposed house does not fit into the style of the neighborhood. Brian Johnson, 4444 Manchester stated that he feels a home con- structed in 1918 should not be allowed to be moved into a neigh- borhood where the homes are less' than ten years old, Cliff Schmidt, 3000 Island View Drive feels that the house does not conform to the immediate construction style in the area. There was.'discussion relating to the height of the house, some of the citizens present thought the house would be too high for the lot, they believed the house to be 3 stories high. In actuality the dwelling is 2 stories with a pitched roof and meets ali the requirements in the Zoning Code. Craig Henderson, 4435 Dorchester is in Favor o6 the moving, stat- ing that the houses in that neighborhood are all different in style and they all have different siding. He added that there are not requirements for new construction, that a new house of the same style would be allowed to be constructed on that lot. August 14, 1989 Page Three Orval FenstaO, 4366 Wlishire Blvd. 0mmosed to the request, stat- ing that a house built in 1918 does not conform to the buildings there now. Eon Johnson of 4416 Dorchester Road and Carolyn Schmidt of 3001 Island View Drive are also opmosed to the moving. Jori Gable of 443! Dorchester Road owns the house abutting the subject site to the rear. She stated that she is in favor of the moving. Chair Meyer closed the public hearing. Smith stated that he would be opposed to the house moving because he believes that Mound is trying to u~grade its housing stock, and moving and improving older homes just doesn't cut it. Thal reminded the Commission that the house will be moving within the same neighborhood. He added that there'are older homes with lower valuations that were not included on Mr. Clem's map. Clapsaddle commented that someone could build the same house ~her'e today, and he feels the house is contrary to the area. He .doesn't see that.moving .the. house there would be a detriment to · the neighborhood. MOTION made Dy Miclaael, seconded by Weiland, to aplarove the moving dE the house to 4430 Manchester Road with the Building Inspector's recommendation. Motion car~iect 7 to I (those in favor: Andersen, ~hns, Weilar~, Thai, Meyer, and Michael; those opposed: Smith). This case will be referred to the City Council on August 1989. ,. CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 CASE NO. 89-83Z TO: Planning Commission, Applicant and Staff FROM: Jan Bertrand, Building Official DATE: Planning Commission Agenda of August 14, 1989 CASE NO.: 89-832 APPLICANT: Ferner (Skip) Johnson RELOCATED TO: 4430 Manchester Road LEGAL DESCRIPTION: Lots 7 & 8, Block 17, Avalon; PIP #19-117-23-3]-0074 'SUBJECT: House to be relocated from 3018 Island View Drive EXISTING zONING: R-2 Single Family Residential NEW ZONING: R-I Single Family Residential When a structure is moved or relocated, it must conform to the requirements for a new structure under the provisions of the Uniform Building Code, State of Minnesota, Section 104, except for the Energy Code provisions. I have made an inspection on July 27, ]989 of the structure in Hound. City Code Section 300:25, Subd. 3 states that no permit for moving a building shall be granted' except per the attached provisions shown on Exhibit A. The dwelling was built in 1918 with an effective age shown on the Hennepin County Appraisers records'of 1930. It is a two story with .the front portion at one story. The first floor has 920 square feet. The structure has an appraised valuation of $34,600 for 1989.' The dwelling has 2'x 6' floor joists 2' on center (+/-). The rafters and ceiling joists are 2' x 4', 16" on center. The second floor is sloped at the back side, which upon checking City records was previously a porch area and does have a substantial beam system underneath the floor above. The framing is of a 2' x 4' dimension but was not visible during my inspection. An equal opportunity Employer that does not discriminate on the basis of race, color, national origin, or handicapped status in the admission or access to, or treatment or employment in, its programs and activities, Case No. 89-832: Page Two The exterior of the building has been covered with aluminum siding which needs repair under the left lower level rear window and at the hole for a previous oil filler pipe. The window frames are original (sash, sill, mullions). I would suggest the owner cover the trim with aluminum to match the siding. The owner is in the process of replacing the sash on approximately t3 windows with new double glazed units. All of the windows have storms and screens, any glass, where cracked, will need to be re- placed. The minimum light and ventilation and escape Windows for the bedrooms all meet current code. The roof covering is new at the second story; however, the one story portion will need to be replaced. Yard grading, including sodding, sidewalks, and new house entry stoops are to be provided. A new Foundation and first Floor system will be required under the structure with beam and support systems in compliance with the building codes; the structure will be required to be properly anchored, damp-proofed, and Foundation insulation. The owner, Mr. Johnson, has submitted foundation plans for the reconstruc- tion (attached). Construction blueprints will be required or a specification list of all alterations which will be made to the 'building. The new site will require two off-street parking stalls (650 square feet minimum in area); the survey will require an indica- tion of a future garage if an accessory building is not planned at the time of building relocation (see attached survey requirements). Provide a new stairway to the lower level basement and correct the ceiling height at the second Floor level. Handrail/ guardrails are required to meet code at all stairways, interior and exterior. I would suggest that a good perm rated paint be used on the inte- rior walls and ceilings to keep water vapor From penetrating through to the exterior of the dwelling. The owner has recently redecorated the interior of the dwelling. The surfaces of the walls and ceiling are in good condition. There is some paneling in the rear porch and upper level rear room. The floor coverings are in good condition with the exception of the stairway and hall carpet to the second floor which should be replaced. The vinyl Flooring in the bath and kitchen is new. The woodwork and doors are painted. All doors are to be adjusted to open and close properly. The interior wood doors appear to be hollow core mahogany with pine woodwork. The exterior doors are the older style panel type wood door with a storm door. Case No. 89-832 Page Three The built-in refrigerator and range are in good condition. water heater is approximately five years old. The The gas forced air furnace is approximately l0 years old. The duct work for the furnace needs to be reinstalled after moving as well as all of the gas piping to minimum code. The furnace will require a heating test report (orsat) to be submitted to the In- spection Department from a heating contractor. Any and all damage from relocation wil I be required to be repaired. The electrical service is 100 amp with adequate circuits to each area of the structure; a certificate of compliance will be required from an electrical contractor to certify that all wiring meets current codes, including electrically wired smoke detec- tors. The wiring is non-metallic type with fuses at the electri- cal panel. The plumbing has a small section of galvanized water pipe with the majority being copper. The Fixtures are new throughout. The waste and vent piping has some cast iron at the soil stack with the remainder being plastic PVC. The entire plu~Ding system will be brought 'up to minimum plumbing code such as the venting sys- tem, water pipe sizing, anchoring and waste connections, but not limited to. The structure has a masonry chimney which will be removed. It is presently being used as a vent stack for the gas water heater and furnace. The present dwelling site has a water well which is not being used and must be abandoned by a licensed well contractor with a report forwarded to the Public Works Department. A moving permit for the City of Mound will need to be obtained by a State licensed house mover in the amount of $50.00 plus proof of insurance and a cash deposit or bond to move the structure over the streets of Mound. If you have further questions regarding the public hearing or this report, please contact this Department before August 8, 1989. The abutting neighbors have been notified. This case will be referred to the City Council on August 22, 1989. Section 300:25. Movin~ of Butldin~s -Permi: Required. Subd. 1. It sha!l be unlawful for any person, firm, or corporation to move any buildinE or structure into the City from any place outside the Cd=y, or wholly wl:hln :he Ci:y of ~u~ld fzom one lot or Darcel to another, or from the City to a point outside the City without first makinE application to the Building Inspector and securing a permit therefor as hereinafter provided. Upon makinE application for a permit to move such building, there shall be paid a fee se= by :he Council in Section 520:00 for garages and small out Mound City Code Section 300:25, Subd. 2 buildings without living quarters and as set by the Council in Section 520:00 for all other butldints or structures. Said fee shall be refunded if the permi= is refused. Subd. 2. Perm/t Requirement? Exception. No moving permit shall be required for the moving of any buildint or structure smaller in size than the follOWinE dimensions: 8 feet high, 10 feet vide, and 15 feet long. orConformity of Buildin~ or Structure to Buildin~ Code Required. not a permi~ is required, no building or structure shall be mowed to a location within :his City unless l: conforms to the building, p'lUmbinE, heating, electrics% and other cons=ruction regulations of this City relating to ne~ structures. In addition to conformity wt=h the applicable .code or codes, as minimum requirements, all plumb/nE for such build/nE or structure shall be by a licensed master plumber, and residen:ial buildings shall have a 100 ampere electrical service. If construction, alterations,' or repair work on such buildins or structure will be necessary to make it co~form to such regulations, permits for such work shall be obtained before such buildin or s=ruc:ure is moved, which permits shall make provision for the doing of such work within 90 days after such building or s:ruc=ure is located in this Failure to make such build/nE or structure conform to such construct/on · %e~ulations wi~h/n such 90 4ay period shall constitute a violation of this Section 300:25, and each day that such violation is continued after such 90 day per~od shall constitu:e a separate offense. No such permit shall be granted exce~= upon order of the City Council after favorable recommendation upon the application by =he CiTy Planning Co~mtssion. The City Council may, at its discretion, require a public hearinE together with advertised notice of hearing for its consideration toward the grantinE or denial of such permit. No such~buildinE or structure shall be moved ~o a location wi=bin the unless it will conform to the zoning regulations of the City, will conform the front-yard and other setback and lot area requirements, and will be a buildinE or structure of the same general character and appearance as other buildings or structures in the vicinity. The City Council shall determ/ne whether or not such buildinE or structure will be permitted at the . proposed location. Case No. 89-832 BRIAN 472-4449 PROPOSAL SUBMITTED TO Ferner gohnson STREET 3018 Islandview Dr±ye CITY STATE AND ZIP CODE Mound MN 55364 ARCHITECT Proposal ..... Page No. PA UL SORENSEN CONSTRUCTION INC. General Contractors 525 Co Rd. 92 Maple Plain, MN 55359 MOBILE PAUL 868-5138 479-2954 PHONE 612-472-3136 JO8 NAME Johnson 1 of 2 Pages 8-21 -.'9 JOB LOCATION 4430 Manchester Road We hereby submit sDecJficat~ons and estimates for: Excavation of new lot for foundation (12 courses) Pour basement floor, front stoop and sidewalk Reinforce floor framing (2X8) joists @16" centers with center support beam. Install steel beam where existing basement wall is Waterproof and insulate foundation Install drainag__e systems rotted rim~oists in kitchen area Remove and replace basement stairs Reframe u_~_per stairway to meet code hei[ht requirements, with handrails salva e roof~__~air roof after chimney removal on undersides , as needed continued on e 2 We Propose hereby to furnish material and labor- complete in accordance with above specifications, for the sum of: "~*~-"~ ~ ~ "~-'"~' "* ~:",~. dollars ($ .). In the event payment is not received, costs of Collecting will be added plus 11/2% per month until account is settled. All material is guaranteed to be as specified. Accep*ance of Proposal - The above I~ces, 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: Signmure Nole: This pro~3s~ may be withdrawn by us if not accepted ~'thin _ Signature _days. Signature Proposal PAUL SOI N$£N STRUCTION INC. General Contractors 525 cc;, Rd. 92 Maple Plain, M,'W 55359 BRIAN MOBILE PAUL 472-4449 868- 5138 479-2954 2 of 2 Pages PROPOSAl. SUBMITTED TO Ferner Johnson STREET 3018 Islandview Drive CITY STATE AND ZIP CODE Mound MN 55364 ARCHITECT DATE OF PLANS 8-20-89 PHONE 61 2-472-3136 JOB NAME DATE 8-21-89 JOB LOCATION 4430 Manchester Road JOB PHONE We hereby submit specJhcat~ons anti estimates for: Frame 12'X24' deck at rear of house Install Egress window and win, dowell in basement Upgrade plumbing to meet code requirements Install replacement sash units in 12 windows Well abandonment Damage caused by moving structure and removal of chimney wil be re- paired at additional co..sts OWNER TO CONTRACT: Electrical (Utility hook up and disconnect) Heating Sewer and Water hook up Survevin~ (Landscapin~ and soddin$) Movin~ of stru~l]r~ Construction specifications onTseperate sheet We Propose hereby to furnish material and labor- complete in accordance with above specifications, for the sum of: TWENTY SIX THOUSAND TWO .HUNDRED NINETY THREE andno/1OO dollars ($ 26 293 00). $5;000 w~_t..h_..ac..9.e.p..t..a~.c_e°f proposal, $5,000 at completion of foundation, $5,00 when house is secure on foundation,balance upon completion, In the event payment is not received, costs of collecting will be added Authorized plus 1 '~% par month until account is settled. All material is guaranteed S~gnature tO be as specified. Nole: This 0roposal may be withdrawn 30 by us if not accepted within days. Acceptance of Proposal- The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as spe~fied. Payment will be made as outlined above. Date of Acceptance: Signature Signature PA UL SORENSEN CONS TR UCTION INC. 525 COUNTY ROAD 92 MAPLE PLAIiX,; MN 55359 TELEPHONE.XK~Y~.YgX~X3~3~4~ Paul 479-2954 Brian 472-4449 Dirt Work: Construction Specifications Excavation for basement, backfill foundation, final grading of yard, fill sand for basement floor; 650sq ft driveway base (crushed limestone) ; plaster sand. Level off and haul away old foundation. Foundation and Concrete work: Foundatio~.: Perimeter exterior wall footings 8"X20" (footings for stoop) (3) Interior post pads 30"X30"X12" (3) Deck footings 42" below grade minimum 12 courses F.H. 12" blocks (1200) Treated 2X12 sill with sealer installed over blocks foundation waterproofing and interior drainage system wi th sump Insulate foundation Basement Floor: 3~" thick concrete over 8" gravel base Front Stoop: Concrete with 20'X3' sidewalk to driveway Beams: 24' 10" w.f. 15# steel beam with I support post 30' 10" w.f. 15# steel beam with 2 support posts First floor support: 2X8 floor joists @ 16" centers (11' span) Install bridging and blocking as required. Roofing: Reroof first story salvage edge roof (288 sq ft) Repair roof around chimney area after removal Windows : Exterior-wrapped with aluminum Install clad, insulated glass replacement sash units in 12 units Finish trim interior of upstairs units Basement windows: Install Egress window with windowell area Install 5 basement awning type windows with windowells Exterior Repairs: Cover overhangs with 3/8 rough sawn plywood Replace or refasten any loose siding Replace rim. Joist and shething where rotted "BUILT WITH PRIDE" PA UL SORENSEN CONSTRUCTION INC. MAPLE P~I:~~, MN 5535~ TELEPHONE~g~~XX Paul 479-2954 Brian 472-4449 page 2 Deck: (12'X24') Treated 2XlO @ 16" Centers framing 3 posts with beam support (owner to install decking and railing) (no stairway figured) Interior Stairways: Lower- replace stair jacks and 2XlO treads install railings to code Upper- Reframe stairwell to acceptable height; frame in wall to close off kitchen. Install railings to code Well: Plumbing: Existing well to be sealed (a~andonment) $2,000 allowance Sewage ejection pump cost are additional "B UIL T WITH PRIDE" Received from Bryan Clem at Plannin~ Commission meeting of August 14th K-'3 Z ~ , I ~ Z K"-] Z CITY COUNCIL MINUTES REOUEST FROM SKIP JONNSON TO MOVE A ~OUSE FROM ONE LOT TO ANOTHER. ISLAND VIEW DRIVE TO KANCHESTER ROAD~ Councilmember Johnson removed himself from the Council for this item. The Building Official explained the request. The Building Offi- cial explained that the Planning Commission recommended approval 119 July 25, 1989 as the house is in the same neighborhood as the location to be moved and it aesthetically fits into the area. Bryan Clem, 4436 Manchester objected to the moving of the house because his house and the house on the other side of the proposed vacant lot are worth more structurally than the house to be moved in. Me further stated that the house does not fit into his neighborhood. Mr. Clem brought up past considerations of moving homes and stated the Council has denied them in the past. Crv Fenstad, 4366 Wilshire Blvd., ~uestioned Mr. Johnson on his ownership of the house to be moved and stated it was a substan- dard home. Stan Drahos, 5016 Woodridge, stated he has done work in this house and knows it is a nice home. The Council discussed past proposed house movings and stated their reason for not allowing the others was because the houses did not aesthetically fit into the neighborhoods where they were to be located. The Council discussed the procedures followed on notification of surrounding neighbors when a request of this nature arises. MOTION made by Smith, seconded by Ahrens to have Mr. Johnson submit an application for the moving of this home; have the Building Official do a detailed walk through of the home and report on what needs to be done tc bring it up to current building code requirements; refer this item back to the Planning Commission for a public hearing notifying the af- fected neighbors; and then bring it back to the Council for final disposition. The vote was 4 in favor. ~otion carried. ~ Planning Commission Mtnutes July tO,' ]989 Page Seven g® Request from Skip Johnson to move a house from one lot t¢ ~nother.(aOdttfonal Information will be supplfed at'the ~eettng). The reason for this request appearing beEore the Plann'tng Commis- sion was reviewed. It was determined that the Planning Commis- sion ts to determine tE this house will aesthetically fit Into the character of the proposed location, an~ hear if any neighbors object. There were no citizens present with a concern to this matter. Applicant, Skip Johnson, stated that since the house is being moved within the neighborhood, tt should fit into the character of the area. He lnformeQ the Commission that the Build.trig spec,or has looked at the house and she stated the home was okay ~trUctural]y~' .He a~ed that the house will be on lower ground on the new lot, therefore will not look so hlgh. MOTION made by Andersen, seconded by Mtch~el, to approve the 'house movlng onto Lots 7 & B, Block 17, Avalon. Motion carried unanimously. \, Skip Jo~umon 30'18 Islan~v~ew Dr. Jan ~ertrand City of Mound I a~ propoein~ to move ~ house fro~te p.',~esen'~ looation to ~ther lo% ~ t~ B~ ~a, ~B lot ~ lo,ted ~ t~ seco~ lot f~ Iel~~ ~. on the ~h side of ~heeter ~. ~ ho~e ~S ~en u~ted ~ntly. It ~ a ~w ~of,c~b~t~on sto~ ~ screw,no ~tenoe ei~. Wir~ & pl~ ~ ho~e is to code. New pl~b~ All ~t~ ~11 be ~o~ to co~e. ~ere ~11 Be a site pl~ sh~ ~e ~ ~ lo~t~on. Please ~t ~ on ~e ~ pl~ c~ss~on ad~a. You, [ /~/ . // ' 0 ? I '1 I ue.~l~pur~oj _.~~jo su, ouJff~y "7 I - % ,4,6 $0 PROPOSED RESOLUTION Case No. 89-833 RESOLUTION #89- RESOLUTION TO RECOGNIZE AN EXISTING NONCONFORMING STRUCTURE TO ALLOW STRUCTURAL MODIFICATIONS FOR PART OF LOT A, THE IST REARR. OF PHELPS ISLAND PARK FIRST DIVISION, PID #I9-117-23-13 O011 (4313 WILSHIRE BLVD.) P&Z CASE NO. 89-~ WHEREAS, the applicant has applied For a variance to recog- nize an existing nonconforming lakeside setbacR of 21.2 feet to the principal building and lO Feet to the deck to allow construc- tion of a 22' x 24' attached garage For Part of Lot A, The 1st Rearr. of Phelps Island Park First Division, PIP #19-117-23-i3 OOIl; and WHEREAS, the subject property is located within the R-2 Single Family Zoning District which according to the City Code requires a 50 Foot lakeshore setback; ann WHEREAS, Section 23.404, Subdivision (8) provides that tera~ions may be made to a building containing a lawful, noncon- Forming residential property when the alterations will improve the livability thereof, but the alteration may not increase the number of units, and WHEREAS, the Planning Commission has reviewed the request and does recommend approval to afford the owner reasonable use of his land and due to the shallowness of the lot. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby authorize the existing nonconforming principal structure setback to the Ordinary High Water line of 21.2 feet, and a 10 Foot setback from the deck to the Or- dinary High Water line at Part of Lot A, The 1st Rearr. of Phelps Island Park First Division, PlO #19-117-23-13 OOll. The City Council authorizes the existing structural setback violations and authorizes the alteration set forth below, pursuant to Section 23.404, Subdivision (8) with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 23.404. PROPOSED RESOLUTION Page Two Case No. 89-833 It is determined that the livability of the residential property will be improved by the authorization of the fol- lowing alterations to a nonconforming use of the property to afford the owner reasonable use of his land and due to the shallowness of the lot. To construct a 22' x 24' attached garage at the street side of the building with conforming setbacks. This variance is granted for the following legally described_  property: Part of Lot A, The 1st Rearrangement of Phelps~ Island Park First Division, PID #19-I17-23-13 OOll. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Min- nesota State Statute, Section 462.3595, Subdivision (4). This shall be considered a restriction on how this property may be used. The prOperty owner shall have the responsibility of 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. Case No. 89L833: John Minahan~ 4313 Wilshfre Blv~.~ Part of Lot A, The ]st Rearr.. of Phelps [$1and Park First Division, P]D #]9-ll7-23-]3 001]. VARIANCE FOR EXISTING NONCONFORMIN~ DWELLING. Tme BuilDing Official, Jan Bertrand, reviewed the amplicant's request to remove an existing detached garage and adU a new at- tached garage with conforming setbacks. The house has an exist- ing nonconforming lakeshore setback of 2t.2 Feet to the principal building and the deck is approximately I0 feet from the Ordinary High Water elevation. Staff recommenOed approval o6 the variance considering the shallowness of the )ot. Planning Commission Minutes August 14, !989 Page Four Bertrand added that during her inspection of the premises, it came to her attention that a new 71 to 76 inch high privacy Fence was being constructed at the street side of the property, without a Permit. The required Fence height in this area is 48". Bertrand suggesteO a variance be considered to allow the 71 to 76 inch high fence since the neighboring Fences along Wilshire on four various lots also have 72" high privacy Fences at the street side. Weiland requested the BuilOing Official investigate if the other Fences were erected with a permit or received variances. It was agreed that a fence variance would not be considereO at this time, however if the applicant wished to return to the Planning Commission for a variance request that the application fee would be waived. HOTION made by Sohns, seconded by Weiland to approve staff recommendation for approval of the lakeside set- back variance, and if the applicant wishes to return For a fence height variance that the application fee be waived. Motion carrie~ unanimously. This case w'fll be heard by the City Council on August 2Z, 1989. RECEIVED ALI~ 1 7 1989 CITY of MOUND 534t MAYWOOD ROAD MOUND, MINNESOTA 55354 (612 472-1155 CASE NO. 89-833 TO: Planning Commission, Applicant and Staff FROM: Jan Bertrand, Building Official V DATE: Planning Commission Agenda of August 14, 1989 CASE NO.: 89-833 APPLICANT: John Minahan LOCATION: 4313 Wilshire Blvd. LEGAL DESCRIPTION: Part of Lot A, The 1st Rearr. of Phelps Island Park First Division, PID #19.117-23-13 0011 SUBJECT: Variance for Existing Nonconforming Dwelling EXISTING ZONING: R-2 Single Family Residential COMPREHENSIVE PLAN: Residential PROPOSAL: The applicant is requesting a variance to do struc- tural repairs to an existing nonconforming dwelling in the R-2 zoning district to remove a detached accessory building and add a new attached garage with conforming setbacks. COMMENTS: In 1979 the Planning Commission allowed a variance on this property to construct a second story expansion upwards in the same footprint as the present first floor area. The iakeshore setback of the existing dwelling, as shown on the sur- vey dated June 8, 1989, shows a setback of 21.2' from the Ordi- nary High Water line to the principal dwelling, and approximately lO feet from the applicants deck to the Ordinary High Water elevation. The R-2 single Family zoning district requires a minimum lot area of 6,000 square feet, a 50 foot lakeshore setback from the Ordi- nary High Water elevation, 6 foot side yard setbacks, and a 20 foot Front yard setback. The existing setback requires a 40 foot lakeshore setback variance with the remainder of the setbacks and lot area are in compliance with the R-2 zoning district. RECOMMENDATION: To afford'the owner reasonable use of his land and recognition of the shallowness of this lot, staff recommends approval of the removal of the detached accessory building with the understanding that the attached one story garage being requested will conform with the zoning ordinance setback regula- tions. Case No. 89-833 Page Two During my inspection oF the premises for the variance request, it was noted that a new 7! to 76 inch high privacy fence was being constructed at the street side of the property. There is no per- mit on file for this Fence. The requirements for the City Or- dinance only allows 48 inch high Fences in the Front yard loca- tion abutting a street. The neighboring fences along Wilshire on Four various lots have privacy fences at the street side. Pos- sibly, the Planning Commission would al low a 72 to 76 inch high Fence in the front yard location due to the amount of traFFic and visitors in this area. The abutting neighbors have been notified. This case will be referred to the City Council on August 22, 1989. JB:oj [:' JUL 2 4 B89 cITY OF MOUND PART II Fee $50.00 VAR I ANCE APPL I CAT I ON PLANN I NG & ZON I NG COMM I SS I ON (Please type or print the fol lowing information.) Address of Subject Property~l~ Ixlilsh~r¢~ Appl t cant' ~ Name ( t f other than owner) Address $~' Day Phone Ex,sting Use of Property: Zon~ ng D~ strict Has an appl tcation ever been made for zoning, varian~ conditional use permit, or other zoning procedure for this'property?(yes)/ no . If yes, list date(s) of application, action taken, and provide resolution numDer(s) P]D No. lq-IIq-ZS-I% 0011 Day Phone (Copies of previous resolutions must accompany this application.) ] certify that all of the above statements and 'the statements contained in any required papers or plans to be submitted herewith are true and ac- curate. ! consent to the entry in or upon the premises described tn this application by any authorized official-of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be requtred by. law. ~ ApPl$cant's signature ,_,~~ Date IIIIIIIIIIIIIIIIIIIIIII!1~111111111~1~1111~1111111111111111111111111111111 FOE OFF!CE USE ONLY= Planning Commtsstoh Recommendation Appc0ved ]akesh0ce setback v~c~ance. Date 8-14-89 Council Action: Resolution No. Date RIANCE APPLICATION Case No. Does the present use of the property conform to all regulations for the zoning Oistrict in which it is locate~? Yes ~X), No ( ). if no, specify each non-conforming use: Bo the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes ( ), No (/~). ]f no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for a5y of the uses permitted in that zoning district? ( ) too narrow ( ) too small (' ) too shallow ( ) topography ( ) soil (.).drainage' ( ) sub-surface ( ) ~hape (' ) other: specify Was the hardship desc. ribed above created by the action of anyone having property interests in the land after the zoning ordinance was adopted? Yes'( ), No ~). If yes, explain Se Was the hardship created by any other man-made change, such as the relocati'on of a road? Yes ( >, No (~.). ]f yes, explain VARIANCE APPLICATION Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes ( ), No (~). If no, how many 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, using maps, site plans with dimensions and writ- ten explanatt on. Be Will granting of the variance be materially detrimental to property in the same zone, or to the enforcement of this ordinance? PART I ! I SITE PLAN INFORMATION: All supporting documents such as sketch plans~ attachments? etc.~ must be submitted in 8-t/2"xlt" size. If large,- drawings are submitted? one must be 8-.t/2"xIl"~ 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 following information: I. Location, area, and dimensions of existing and proposed: (Lot(s), building(s), driveway(si/street access, off-street' parking, and utilities. 2. Exis~ing and proposed elevations· 3. Distance between: building-and front, side and rear lot lines; principal building and accessory buildings; principal building and principal buildings on adjacent )ors. 4. Location of: signs, easements, underground utilities, etc. 5. Indicate "north" compass direction. 6. Any additional information as may reasonably be required by ~ e city staff and applicable sections of the Zoning Ordinance. ~C..A LLE. I': \x / Q /\ i1\~' I hlrll~ Certify thlt this il I true IncI correct represenllt~o~ of ~ ~ufvey of File NO: . o ¢.,,¢,~.* / I 1 0 X 000,0 ( ooo.o ) LEGAL DESCRIPTION: That part of Lot A, First Rearrangement of Phelps Island Park First Division, according to the plat thereof on file or of record in the office of the Register of Deeds tn and for Hennepin County, Minnesota, lying southwesterly of the following described line: Commencing at the southwest corner of said Lot A; thence northeasterly along the northwesterly line of said Lot A, a distance of 60.00 feet to the actual point of beginning of the line to be described; thence.southeasterly deflecting to the right 96 degrees O0 minutes O0 seconds to the southeasterly line of said Lot A, and there said line terminates. P~opoMcl lowest floor elev. - Propomcl top of fourxSut~on, PREPARED FOR' JOHN MINAHAN August ih, i~/~ Councllmember Polston moved the following resolution, RESOLUTION NO. 79 - 334 RESOLUTION TO CONCUR WITH THE RECOH~tENDATION OF THE PLANNING COHt41SSION TO APPROVE'THE VARIANCE-NON-CON- CONFORHING USE & GRANT WAIVER OF SURVEY FOR LOT 1ST REARRANGEMENT OF PHELPS ISLAND PARK 1ST DIVISION WHEREAS, owner of property having metes and bounds description, Lot "A", 1st arrangement of Phelps Island Park 1st Division, Danlel Tibbetts, has quested a variance for a non-conforming use, and WHEREAS, the non-conforming use seems to be the lake front ~etback, as ali other setbacks have been observed, and he has adequate square footage for zoning, and WHEREAS, variance would allow owner to ad~'a second story to his present struct~. and he would in no way be expanding present first ~loor space, and WHEREAS, survey of abutting property owner shows no encroachments on streetfron; or side yard and he has requested ~ "Waiver of Survey" for his Non-Con- forming Use variance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND MOUND, MINNESOTA: .' That Council concurs with the recommendation of the Planning Commissi- and does hereby approve the variance, Non-conforming Use and ~lso doe. grant the "Waiver of Survey" for property described as Lot "A" 1st Re- arrangement of Phelps Island Park 1st Division, Plat 37890 Parcel 6100 PID 19-117-23-13-O011. Be It further noted there are to be no further encroachments and building is to be expanded upwards only with no In- crease In dimensions of present structures first floor area. A motion for the adoption of the foregoing resolutlon was duly seconded by Counc' member Swanson and upon vote being taken thereon, the following voted In favor thereof; Lovaasen, Polston, Swanson, Ulrlck and Withhart, the following vo~ed against the same; none, whereupon sald resolution was declared passed and adopt¢: signed by the Hayor and attested by the City Clerk. Attest: City Clerk Mayor / LJ~t {,Skarp I~ L. iDdciuist's County Surveyor file for d.M, survey detail. PROPOSED RESOLUTION Case No. 89-834 RESOLUTION #89- RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE A 30 FOOT LAKESHORE SETBACK VARIANCE, A 5 FOOT FRONT YARD SETBACK VARIANCE, AND A LOT SIZE VARIANCE TO ALLOW RE-CONSTRUCTION OF A NEW DWELLING WITH AN ATTACHED GARAGE, PART OF LOT 29, SUBDIVISION OF LOTS I & 32 RAVENSWOOD, PID #18-117-23-33 0029 (4770 NORTHERN ROAD) P&Z CASE NO. 89-834 WHEREAS, the applicant has applied for a variance to remove an existing dwelling and reconstruct a new dwelling with an at- tached garage 20 Feet From the Ordinary High Water elevation, feet from the front property line on an undersized lot at Part of Lot 29, Subdivision of Lots I & 32, Ravenswood, PIn #]8-117-23-33 0029 (4770 Northern Road); and WHEREAS, the subject property is located within the Single Family Zoning District which allows a 20 foot Front yard setback, a 6 Foot side yard setback, a 50 foot lakeshore setback, and requires a lot area of 6,000 square Feet; and WHEREAS, Section 23.404, Subdivision (8) provides that al- terations may be made to afford the owner reasonable use of his land due to the shape of the lot; and WHEREAS, the Planning Commission has reviewed the request and does recommend approval upon the condition that the existing 5 foot high chain link fence be removed from the property and that a new survey be submitted with the building permit applica- tion. NOw, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as Follows: The City does hereby authorize the 30 Foot lakeshore setback variance, the 5 Foot Front yard setback variance, and a lot size variance of approximately 44 square Feet at 4770 North- ern Road, PIn #18-117-23-33 0029 upon the Following conditions: The 5 foot high chain link Fence be removed from the property, and The property be re-surveyed. PROPOSED RESOLUTION Page Two Case No. 89-834 The City Council authorizes the existing structural setback violation and authorizes the alteration set Forth below, pursuant to 23.404, Subdivision (8) with the clear and express understanding that the use remains as a lawful, non- conforming use, subject to ali of the provisions and restrictions of Section 23.404. It is determined that the l ivability of the residential property wi i ] be improved by the authorization of the Fol- lowing alterations to a nonconforming use of the property due to the shape of the parcel: A new single family dwelling with an attached garage will be constructed on an undersized lot of ap- proximately 5,956 square feet, 20 Feet from the Ordi- nary High Water elevation, and 15 feet from the front property line with the other regulations of City Or- dinance in compliance with the site. This variance is granted for the following legally described ~4l~ property: Part of Lot 29, Subdivision of Lots I & 32 'Ravenswood, PID #18-117-23-33 0029. -- _~., variance shall be recorded with the County Recorder or This the Registrar of Titles in Hennepin County pursuant to Min- nesota State Statute, Section 462.3595, Subdivision (4). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying ali costs for such recording. Planning Commission Minutes August 14, 1989 Page Three Case No. 89-834: Mark Linder~ 4770 Northern Road, Part of Lot 29~ Subdivision of Lots 1 & 32 Ravenswood, PID #18-117- 23-33 0029. VARIANCE TO LAKESHORE AND FRONT PROPERTY LINE SETBACKS. The Building OFficial explained the applicant's request to remove an existing dwelling and construct a new home ant attached garage with a 6 foot side yard setback to the west, a 20 Foot setback to the Ordinary High Water elevation, and a 15 foot setback from Northern Road. The lot area was measured twice, once Dy the sur- veyor who determined the lot to have 5,956 square Feet, and once Dy the Building Official who determined the lot to have 5,989 square feet, therefore, a lot size variance is also being requested. Staff recommended approval °F the setback variances and lot size variance contingent upon the removal of an existing 5 foot high chain link Fence on the property, and that a new survey be sub- mitted with the building permit application. MOTION made by Sohns, seconded by Th~l to approve staff recc~menclation. Motion carried unanimously. This case will be heard by the City Council on August 22, I989. CITY of IOL ND / MOUND MINNESOTA 1612 472-1t55 CASE NO. 89-834 TO: Planning Commission, Applicant and Staf~ FROM: Jan Bertrand, Building Official DATE: Planning Commission Agenda of August 14, 1989 CASE NO.: 89-834 APPLICANT: Hark Linder LOCATION: 4770 Northern Road LEGAL DESCRIPTION: Part of Lot 29, Subdivision of Lots I & 32 Ravenswood, PID #18-117-23-33 0029 SUBJECT: Variance to lakeshore and front property line setbacks EXISTING ZONING: R-2 Single Family Residential COMPREHENSIVE PLAN: Residential PROPOSAL: The applicant is requesting a variance to lakeshore and front property line to allow the removal of an existing dwelling at 4770 Northern Road with the construction of a new home with a 6 foot side yard setback to the west, approximately a 27 to 30 foot setback to the lakeshore Ordinary High Water eleva- tion, and a 15 foot setback to the Northern Road right-of-way. COMMENTS: The R-2 zoning district requires a 20 foot setback to the right-of-way to Northern Road, a 50 foot setback to the Ordi- nary High Water elevation of Lake Minnetonka, and a 6 foot side yard setback to the west. The minimum )ct size required is 6,000 square Feet. The attached survey has indicated approximately 5,989 square Feet. Staff has recommended that the applicant re- draw the proposed new setbacks for the dwelling to be constructed with a minimum 6 foot side yard which would a) low approximately 27 to 30 feet to the Ordinary High Water setback. The applicant is requesting to attach a garage within 15 feet of Northern Road. The attached garage that is being requested, will be a one story portion to a new dwelling. RECOMMENDATION: To afford the owner reasonable use of his land and recognize the unusual configuration of this lot to lakeshore, staff recommends allowing the requested new structure within 15 Feet of Northern Road with a one story attached garage, 6 Foot side yard to the west, and approximately a 30 foot setback to the Ordinary High Water elevation and recognize the undersized 5,956 square Feet (+/-) of lot area, upon the condition that the 5 foot high chain link Fence be removed. Staff further recommends, a survey be revised to indicate the lot area, the elevations of the new structure, as well as ali of the proposed elevations as listed on the requirements for a new development. The abutting neighbors have been notified. This case will be referred to the City Council on August 22, 1989. a 37 OF PART II Fee · $50.00 VARIANCE APPLICATION PLANNING & ZONING COMMISSION (Please type or print the following infor~tion.) Owner's Name Appl i cant' s Name ( f f other than owner) Day Phone '1~l)~-~ - ~'~ Xtra} Address Day Phone' Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this'property? yes / no . 1¢ yes, ilst date(s) of application, action taken, and provide resolution number(s) (Copies of previous resolutions must accompany this application.) I certify that all of the ~bove statements and'the statements contained in any required .papers or plans to be submitted herewith are true an~ ac- curate. I consent to the entry in or upon the premises described in this application by any authorized official cE the City of Mound for the purlaose of inspecting, or of posting, ma~nt~nfng and removing such notices as may be required by law. . Il /1 , ' . ////////////////////////¢/////£////////////////////////////////////////// FOR OFFICE USE ONLY~ Planning Co~isstoh Recommendation Approved setback variances. Date ,8-14-89 Council Action: Resolution No. Date IANCE APPLICATION Case No. Does the present use oF the property conform to ali regulations ~or the zoning district in which .it is locate~? Yes (><~, No ( ). IF no, specify each non-conforming use: Do the existing structures comply with al ] area, height, bulk, and setback regulations f=or the zoning district in which it is located? Yes ( ), No (~. IF no, specify each non-conForming use:~ . Which unique physical characteristics oF the subject promerty prevent Its reasonable use for a~y of the uses permitted in that zoning district? ( ) too narrow ( ) topography "~ .(~) too small ( ).drainage .... (' ) too shallow ( ) ~hape (- ) sofl ( ) sub-surface (/~) other: specify Was the hardship desc, ribed above created by the action oF anyone having property interests in the land after the zoning ordinance was adopted? Yes' ( ), No (~. IF yes, explain · 5. Was the hardship created by any other man-made change, such as the relocation oF a road? Yes ( ), No ( ). If= yes, explain VARIANCE APPLICATION Case No. Are the conditions of hardship for which you request a variance peculiar only to the property Oescribed in this petition? Yes ( ), No ~>~. If no, how n~ny other properties are similarly affected? ?. What is the "minimum" moc~ificatfon (variance) t=rom the area, bulk, ancl setback regulations that will permit you to make reasonable use of your lancl? .(Speci_~y, usirl~ m~ps, s~t~plans ~wtth cli.mensions ~nql w~i~- - 1¢ 5h0 8. Wt11 granting o~ the variance be mterially detrimental o prope~y jn the same zone, or to the enforcement o~ Chis ordinance? ~ ~'~'~~ PART III SITE PLAN INFORMATION: All supporting documents such as sketch .plans,. attachments, etc., must be submitted in 8-1/Z"xll" size. If larger, drawings are submitted, one must be $-.l/Z"xll", and 15 lar~er size coptes must be provided. For each requeste~ zoning variance procedure, a site plan must be attached at a scale large enough for clarity show- ing the followfn9 information: Location, area, and dimensions of existing and proposed: (Lot(s), building(s), driveway(s)/street access, off-street parking, and utf.lfttes. Existing and proposed elevations. Distance between: building:and front, side and 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 m~y reasonably be required by e city staff and applicable sections of the Zoning OrOfnance. N.C. HOIUM AND ASSOCIATES, INC. R O. BOX :53026- COON RAPIDS, MINN. 55433 10731 MISSISSIPPI BLVD. N.W., COON RAPIDS, MN CERTIFICATE OF SURVEY: GREGORY GRAMS That (r ~ o 1~-,.5,F #4770 ~?/ £2.5 .-'. ' I1' ~ ~., I .-.---~~, ~: c,-,,~, ~,,//_ ,,,,,, ~, a~ - ~ _ .__ part of Lot 29, SUBDIVISION OF LOTS 1 AND LAND SURVEYORS Telephone 421-7822 SCALE: 1" = 20' 6449-252/3-4 25th August X D 88 AS SURVEYED BY ME THIS ................... DAY OF ............................................... 19 ............... N.C. HOIUM AND AS~S-Q, CIATE~,/~,lC. · i Minnesolo Registreti~ No .... .'~..4..2..? ........... ' .......................... RAVENWOOD, Hennepin County, Minnesota lying East of the West and rear, of Said Lot 29. I HEREBY CERTIFY THAT THIS IS A TRUE AND CORRECT REPRESENTATION OF A SURVEY OF THE BOUNDARIES OF THE ABOVE DESCRIBED LAND, AND THE LOCATION OF ALL BUILDINGS, THEREON, AND ALL VISIBLE EN. - CROACHMENlrS, IF ANY, FROM OR ON SAIDLAND. SKARP AND LINDQUIST'S 45 feet, front Denotes Iron Denotes existing elev N C HOiUM:___ AHD ASSOCIATES, IHC b^,O · · · Telephone E O. BOX 35026-COON.R. ApIDS, MINN. 55433 421-7822 10731 MISSISSIPPI BLVD. N.W., COON RAPIDS, MN CERTIFICATE OF SURVEY: '.~. ' ~ I~ / '~IX- · ~ F ~ I '~I -./ - 45.0 That part of Lot 29, SUBDIVISION OF LOTS 1 AND S~ARP AND LINDQUIST'S RAVENWOOD, Hennepin County, Minnesota lying East of the West 45 feet, front and rear, of said Lot 29. . ..... .. .. I HEREBY CERTIFY THAT ThIS IS A TRUE AI'~'%"/ORi{I'"CI:'REPRESENTATION OF k SURVEY OF THE BOUNDARIES OF THE ABOVE DESCRIBED LAND. AND THE LOCATION OF ALL BUILDINGS, THEREON, AND ALL VISIBLE EN- CROACHMENTS, IF ANY. FROM OR ON SAID LAHD. 25th August}.,~ ,. AS SURVEYED BY ME THIS ................... DAY OF ............................................. 4~.u. ,-- ........ H.c. Ho~u.x~D J,S,'~efiZE~,~."' . ' " ' "" ~,~ ~2 ~/1~, .C: ,,, ..-, ':;. ' ' · . ., ' ' ../~:,'l; ..(,.~:... :' Min..,olo Regi,l;ollofl No 44~.7 AO .Ha... .. - ·., ...... "' ;':~';'"""'"'""'"' ......... ' '~ I I, ' ! Case No. 89-811 PROPOSED RESOLUTION NO. 89- RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO APPROVE THE FINAL PLAT OF ALEXANDER PARK SUBDIVISION PID #13-117-24-22 0023; P&Z CASE NO. 89-811 WHEREAS, the final plat of Alexander Park has been submitted in the manner required for platting of land under the City of Mound Ordinance Code, Section 330.00 and under Chapter 462 of the Minnesota State Statues and all proceedings have been duly con- ducted thereunder; and WHEREAS, the City Council, on May 9, 1989 held a public hearing pursuant to Section 330.00 of the Mound City Code of Or- dinances, to consider the approval of the preliminary plat and final plat of Alexander Park Subdivision located on property described as follows: The East 125.00 feet of the West 400.00 feet, measured at right angles from the West line of Government Lot 4, Section 13, 'Township 117 North, Range 24 West, of the following described property: That part of Lot 27, Lafayette Park Lake Minnetonka, according to the recorded plat thereof lying Southerly of the Southerly right- of-way line of Three Points Boulevard .and Northerly of a line, hereinafter referred to as Line A, and which begins at a point on the West line of said Government Lot 4 distance ]446.71 feet South from the Northwest corner of said Lot 4, said West line having a bearing of North for the purposes of this description; thence North 89 degrees 55 minutes East a distance of 395.34 feet; thence South 53 degrees 46 minutes East a distance of 30.00 feet and there terminating, EXCEPT that part of said Lot 27 described as follows: Commencing at the said Northwest corner of Government Lot 4; thence South (assumed134538bear. lng)' along said West line of Lot 4, a distance of feet; thence South 84 degrees 40 minutes East a distance of 138.94 feet; thence South 65 degrees 04 minutes East a distance of IO0.O0 feet; thence South 62 degrees 26 minutes East a distance of 51.9 feet; thence South 85 degrees 16 minutes 40 seconds East a distance of 101.41 feet to the ointof beginnin thence North 1 degree 2! minutes asr a distance of;25.00g feet; thence North 88 degrees 39 minutes West a distance of 101.72 feet to the East line of the West 275.00 feet of said Lot 4, thence South, along sa.id East line to said point on a line which bears South 53 degrees 46 minutes East from said  oint of beginning; thence North 53 degrees 46 minutes est to said point of beginning. Proposed Reso 1 ut i on Page Two Case No. 89-811 Also, EXCEPT that part of said Lot 27 described as follows: The East 100.00 feet of the West 375.00 feet, measured at right angles from the West line of said Government Lot 4, of the North lO0.O0 feet of the South 530.00 feet measured at right angles to and lying North of a line which is perpendicular to said West line of Government Lot 4 and intersects said West line at a point 1525.00 feet South of said Northwest corner of Lot 4. WHEREAS, said plat is in all respects consistent with the City plan and the regulations and the requirements of the laws of the State of Minnesota and the City Code of Ordinances of the City of Mound. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: Ae Be De Plat approval is granted For Alexander Park Subdivision as requested by don R. Ne)son of Catalyst Properties, Inc. upon compliance with the following requirements: 1. Per final plat, Exhibit "A". The Developer is to sign a Development Contract and furnish the City a Performance Bond in the amount o¢ $42,500 to cover grading, drainage, utilities and landscaping as per compliance with Resolution 89-52. That the City Clerk is hereby directed to supply a certified copy of this Resolution to the above named owner and sub- divider after completion of the requirements for his use as required by M.S.A. 462.358. That the Mayor and City Manager are hereby authorized to execute the certificate of approval on behalf of the City Council upon compliance with the foregoing resolution. Upon completion of all requirements heretofore stated, the Mayor and City Manager shall execute the Finished plat which shall be delivered to the City Attorney. The City Attorney shall obtain and record any and all hardshells, easements and Other items required to protect the public interest. This final plat shall be filed and recorded within 60 days of the date of the signing of the hardshells by the Mayor and City Manager in accordance with Section 330 of the City Code of Ordinances and shall be recorded within 180 days of the adoption date of this Resolution with one copy being filed with the City of Mound. Proposed Resolution Page Three Case No. 89-8 BE IT FURTHER RESOLVED that such execution of the certifi- cate upon said plat by the Mayor and City Manager sba)) be con- clusive showing of proper compliance therewith by the subdivider and City Officials and sba)) entitle, such plat to be p)aced on record forthwith without further forma)ity, a]] in comp)iance with M.S.A. 462 and the City of Mound Code of Ordinances. Z 0 W X / · ~ ~ . ..~ ~ 1,5 .'%' ~ P, McCombs Frank Roos Associates, Inc. Twin Cities St. Cloud 15050 23rd Ave. N. Telel~hone Engineers Plymouth, MN 612/476-6010 Planners 55447 Facsimile Surveyors August 9, ~989 612/476-8532 Ms. Jan Bertrand Planning and Zoning City of Mound 5341Maywood Road Mound, Minnesota 55364 SUBJECT: Alexander Park (Formerly Harrison Shores) Case #89-811 and 812 MFRA #6755 Dear Jan: We have received from Dave Morse information sufficient to set the bond amount for the development contract. The total amount required will be $42,500.00. J.P. Norex, Inc., the utility contractor, furnished us a bond, which we have rejected because the amount was not sufficient and some of the wordage was incorrect. Mr. Morse has been informed that a new performance bond in the amount of $12,500.00 will need to be submitted. Mr. Morse will also need to furnish the City a separate performance bond in the amount of $30,000.00, to cover the remaining work. Also enclosed for your files are the following: Fax letter, dated 8/08/89, from Dave Morse, listing all the project costs of the site improvements. o Proposal from Clark Construction, in the amount of $8,198.00, for landscaping. o Quotation from J.P. Norex, Inc., for the utility work. Proposal from Preferred Paving, Inc., for the bituminous paving. 5. Certificate of Insurance for J.P. Norex, Inc. It appears that the development contract should be complete as soon as the appropriate bonds are submitted. If you .have any questions or need additional information, please contact US. Very truly yours, JC:jmj Enclosures McCOMBS FRANK R00S ASSOCIATES, INC. John Cameron An Equal Oppodunity Employer FRF FR× ~ 612 591 1510 08.88.1989 12:25 P, i ....-- FAX COVe, ~i-l' At-tn: Fax #: F~'cr~: Te'le~r~ Fax #: Aa:~ust 8, 19~ ~t'tCFmb, s Frark, I~oos ,~ates~ 4 _76~i32 Dave. Mm'se/t43rse._F~ 591-1510 We are sending a total of ? pages, including this ~page. If you do no recei Ve all of these pages , please call (612) 541-1719 and ~sk for Kathy. MORSE HOMES, INC. DIV. OF MONTANA DEVELOPMENT ~ Frark I%oos Associates, Ins. 15050 23rd Ave. No~th P17nouth, ~ 55447 This letter is to infcrm you of our costs on the Harrison Shores site im~.s. Curbing ............................... $1,400.00 Drivaeny ........... , .................. 10,400.00 Erading ............................... 3.,000.00 Total $23,7D0.00 Total $34,500.(I) Sirr.~rely, ... b,q60 MADISON AVE. W1EST ~, UNIT# 10 -GOLDEN VALLEY, MN 55427 -OFFICE541-1719 m, FAXS91-1510 C ....... " ~ "' ' ~'' iSSUE ZiP CODE =¢~ ~* COMF'A~4Y LETTER A *'~'* ~ ZIP. CODE ~.,,,~=~'~ *~ CO~F'A~f LETTER E ~n.~o ~..-. ~., ~cr, :, .,' THATru: .;b:r:, OF' :~,:OU~M,,:U..' ....... : .... w HAVE BEEN !SSUEEI Tn... THE i~:oL, r,,- '..,' " '" r,.~.~r_.,_~:"*W" ~,,n~,',..c,,_,,,.,. ~'rU:.'-; .... PULTC'." HIo ~?'?,?T,.,~ ~,,- MAY o.= X':.":.':i.;-'~i MAY .,'E?,:~..~',:/'" ...... 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GENERAL GONTRAGTING BOX 478 Chanh&ssen, MN 55317 QUOTATION JOHN FISHER 1 We hereby p~ to iurnish all the materials an~ perlo~n all the labor ne~sary for ~ ' YES NO PERMITS ~ ~ ~ IR~ PIPE WATER M~ER ~ ~ P~IC PIPE $E~IC TANK · ~ ~ ~PPER WATER LINE ~TE VALVE ~ ~ ~ C V.'~T= ~ ~:~ REMARKS :'" INSIDE SEWER WATER CONVERSIONS: . (B). (C) ID) S , $~ec~fied. Payment wy1 be'mad;R outlined Ibove. ~ . ~ i.'!. :~' k~ Please return s/~gd/ed white copy to J.P. Norex, Inc. .... ., :,;.:. ,. Any alteration or deviation from the a~ve pro~sal involving extra costs, wll~dex~t~only u~n ~ten or.m, an extra charge over and a~e the estimates. All agr~ments contingent u~ s~kes, a~idents ~ de~ys ~nd our cont~ - Uablllty insurance on the a~ye wo~ In the amount o1~ and Workmens ~sation Insura~ Is ~l~ by J.P. N~e~ I~ , ... ~ls pro~sal d~s not incl~e any village ~ city se~tce or access ~[~s t~t mu~ ~ ~ld t~ ~i~ ~ t~ i~l~ of ~lts. pro~t d~s ~t IncluOe unusual unOergr~n~ h~r~s, Such as buri~ ~i~ ~r~ stump, ~rg~ gas lines, el~trlc lines, telepho~ lines, hlghwater table or any ot~r unusual u~ ~iti~ S~a~ lng of s~, finish grading, the re~al f~m or ~lngtng to t~ jo~ site of ~i[, etc. ~e ~t l~l~ ~ this pr~l. ' · ACCE~ANCE OF PRO~SAL . '..:.' - . The a~ve ~i~. s~cifi~tiom, end ~nditi~t ire ~tisf~my and are hereby ~t~. You ~ ~ to Proposal Page No. Of Pages Contract. PROPOSAl SUBMITTED TO Dave Morse STREET P.O. Box 348 CITY, STATE AND ZIP CODE Mound, MN 55364 ARCHITECT Bruce Kaiser. : We herebv submit specifications anc~ estimates for: DATE OF6/89 PLANS P.O. Box 249 Chanhassen, MN 55317 949-1126 PHONE JOB NAME Grade & Pave DATE . June 7, 1989 JOB LOCATION Three Points Blvd Mound, Minnesota & Lafayette Lane tJOB PHONE Grade & Pave 1.Base with 6" 100% crushed limestone; fine grade for.proper drainage and density; wet 'and compact 2. Lay 3'.-' Asphalt Concrete 2341 MnDOT Spec. Mixture; compact to a. total depth of 2"-2½" ..~ - WC PFoposc hereby to furnish material and labor - complete in accordance with above specifications, for the sum of: Ten thousand, four hundred and 00/100 ~o,~r,~$.,.,10:400.00 ~. Payment tO be made as follows: Upon completion. '~ All material is guaranteed to be as specified. All work to be'completed in · workman- like manner according to standard practices. Any alteration or deviation from above .specifications Involving extra costs will be executed only upon written orders, and will become an extra charge over and above the estimate. AU agreements contingent upon strikes, accidents or delays beyond our control, Owner to carry fire, tornado and other necessary insurance. Our workers are fully covered by Workmen'sCom- pensation Insurance. · A~C~P~I'~C~ of ~L~o~osa~--The a~ove prices, specifications end conditions ere satisfactory end ere hereby accepted. You are authorized to d~ the work as specified. Payment will be made a_s.o, utlined above. Authorized Signature - .Bruce Kaiser Note: This proposal may be withdrawn by us if not accepted within fifteen Signature TERMS AND CONDITIONS ON REVERSE. Proposal No. Name Street PROPOSAL SUBMITTED TO City ~'(~Okz. I~ ~'~ State Telephone q rl ~ "~1-1 ~(0 Page No. Date WORK TO BE PERFO'RMED AT Street City ~"'~_C~., ~ _C~ State Date of Plans Architect We hereby propose to furnish all the materials and perform all the labor necessary for the completion of :Ii I~q ~o. c:z:D itl. material is guaranteed to be as specified, and the above work to be performed in accordance with the drawings and specifications submitted'for above work and completed in a substantial workmanlike manner for the sum of I Dollars (S ~).),~<~, OO ). I with payments to be made as follows: Any alteration or deviation from above specifications involving extra costs, will be executed only upon written orders, and will become an 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 upon above work. Workmen's Compensation and Public Liability Insurance on above work to be taken out by Respectfully submitted Per NOTE- This proposal may be withdrawn by us if not accepted within ,.~O days I I The above prices, specifications and conditions are satisfacto~ and are hereby accepted. You are authorized to do the work I I Accepted /~ ~--~~~~~ ~ature Date Signature ,~. Form # 23-181 McCombs Frank Roos Associates, Inc. Twin Cities St. Cloud 15050 23rd Ave. N. Plymouth, MN 55447 April 4, 1989 Telephone 612/476-6010 Facsimile 612/476-8.532 Engineers Planners Surveyors Ms. Jan Bertrand Planning and Zoning City of Mound 5341Maywood Road Mound, Minnesota 55364 SUBJECT: Harrison Shores Addition Catalyst Properties, Inc. Case #89-811 & 812 MFRA #6755 Dear Jan: As requested, we have reviewed the plans submitted for the above mentioned subdivision and have the following comments and recommendations: Grading and Drainage The proposed contours shown on the north portion of the entrance from Three Points Boulevard and one area of the circular drive indicate a grade over the 8% allowed by ordinance. No Erosion Control Plan measures are shown on the plan. Access (Driveways and Parking): The proposed entrance to the development has been left in its present location with the additional width added to the west side. As you will note from the plan, traffic exiting the development onto Three Points Boulevard will actually cross the radius of an intersecting City street, Lafayette Lane. This is not a good situation, since studies show that these three units will add, on the average, 30 additional trips to this driveway, five in and 5 out per living unit. The plan indicates bituminous curb on the entrance and the outside edge of the circular drive; whereas the zoning ordinance requires concrete curb and gutter (Page 38, 4h). The inside edge of the circular drive should also have concrete curb and gutter. The zoning ordinance also requires that all driveways and parking aisles be at least 25 feet in width (Page 38, 4d). We have reviewed the plan with Public Works and the Fire Department and have determined that the 20 foot driveway and 18' circular turnaround would be adequate, but will require a variance. The one-way traffic pattern, as shown for the circular turnaround, is not consistent with most design practices. It appears the the one-way design used An Equal Oppodunity Employer Ns. Jan Bertrand Page Two is because of the angle of the attached garages and the location of the proposed parking area. We suggest a Stop sign be placed where the one-way intersects the entrance in addition to the appropriate one-way direction signs. Utilities The final plat will need to include 10 feet drainage and utility easements on both the east and west lot lines and a 5' drainage and utility easement along the northerly line adjacent to the City well site. In addition, a utility easement 7-1/2 feet on each side of the watermain will be required. We also looked at requiring that the watermain extension be continued to the City's main at the pumphouse to complete a loop from Commerce Boulevard. Even though a looped watermain would be very desirable, we do not consider it absolutely necessary since there will be only seven living units on this line. Since all three units will be served by one sanitary sewer service, appropriate dialog needs to be included in the homeowners by-laws to cover maintenance of subject service. Individual curb stops, located within the utility easement, will be required for each water service. General The applicant will need to furnish evidence of compliance with all governing agencies, such as D.N.R., M.C.W.D., L.M.C.D., Health Department, etc., before City approval would be valid. The applicant will also need to enter into a Development Contract with the City that contains a financial guarantee such as bond or escrow fund. Conclusions and Recommendations We are recommending approval, subject to the following conditions: Driveway entr~%ce to /~nree Points Boulevard be shifted westerly, a minimum of 15 feet and grades revised to meet the 8% maximum. Five foot and seven foot variance be granted to allow for narrower driveway. Eliminate bituminous curbs and use concrete curb and gutter (Mn/DOT B612). Easements are added to the final plat, sufficient to cover the City's needs for utilities and drainage. 5. Final approval by all other governing agencies. Ms. Jan Bertrand April 4, 1989 Page Three All improvements required under Section 330.00 of the City Code shall be constructed by the developer at his/her sole cost. Development contract executed, which includes financial guarantee in an amount designated by the City Engineer. If you have any questions or need additional information, please contact us. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron JC:jmj 9,'!989 ~ESOLOTION ~0. 89'52 RESOLTITIoN ~I~HO~I=ING ~ OOL~!TIO~ ~E~ ~L~~ ~T (~T) ~RO~ ~ ~R~ 0~ %13-117-24 22 0023, ~ & ~ ~E %~9-S!! & 89-812 WEERF2~, the city Council held a public hearing on May 9, 1989, p~rsua/~t to ~he Mou~d Code of 0rdin~nces to consider the issuance of a conditional use per, it to est~b!ish a multiple dwelling st-~u~ure in ~he General Business (B-2) zone, approval of a prel~na~--y plat (reptat) for Ea_~r. ison Shores Addi=ion t_he approval of variances as further described herein; WqIEP~EAS, all persons wishing to be he~rd were he~rd; and W~E ~P3.kS, multiple fa~i!y dwelling units are a!lowed in the General Business (B-2) zone by conditional use pe.--~it in accordance with Section 23.630.3 of the Mound Zoning Code; ~nd 'W~-~REkS, the propos~ed. Harrison Shores Addition site is appropriate for multiple family usage given its proximity to downtown Mound, !~s access to Lake Minnetonka and existing multiple f~!y uses in the immedia{e vicinity, notwithstanding .l~s Present B-2 zoning; and WEEP~AS, the Harrison Shores Addition site is uni'que in its shape and alignment with Lake Minnetonka, the existence of a municipal well house effectively bisecting the property and proximity to Three Points Boulevard· The 'site's unique shape, alignment and proximity create unique problems in providing road access to the property and in establishing conforming side yard setbacks; and WEEREAS, the Harrison Shores Addition site plan results in the following variances: A 7,750 lot area variance for Block 1, and A 94 foot lot width variance for Block 2, and 3. A 5 to 7 foot driveway width variance, and. A curbing materials variance from. literal interpretation of the standards found in Section 23.620.7 (4d) of the Mound Code of Ordinances, and 5. A 5 foot side yard setback variance; and WHEREAS, stric~ imposition of the provisions of the zoning ordinance upon the side ~ould, due to the site's unique shape and alignment and proximity to the municipal pump house,,~;, 1 92 Kay 9, 1989 deprive the' applicant-of rights .co=~on!~ prope.~aies in the sa~'e zoning dist_ri~; and W~E~, the granting of the v~ri~nce~ would notcon:'e.- upon the applicant a special privilege that is denied by ~he ci~'y ordinances to the owners of other l~.nds, structures or buildings in the sa~e district; and WEEREAS, the Planning Commission has reviewed the subjec~ request and does recommend approval. NOT, TwwRE~ORE, EE IT RE$0L~ED by th~_ Ci~ Cou~ci! of the City of Mound, Minnesota, that the conditional use pe_~mit is hereby, granted, the pre!imf_nary plat is hereby approved amd the variances are hereby approved subject to =he following conditions: This approval is granted upon the following plans and ey/uibits which are incorporated as a p~-t of this pe_~mit or as are modified h~rein; Site Plan. with Grading and Utilities dated March 21, 1989. Preliminary Repiat, Harrison Shores Addition dated March 21, 1959. 3¸° The applicant shall submit a detailed l~nds'caping 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 ~nd root form. The landscaping plan shall be submitted and approved by the City Planner prior, to issuance and foundation of building pa.~mits. Grading and drainage plans shall be reviewed and approved by the watershed distri~. All bylaws, home owners 'k~ic!es of incorpo~tion and protective convenants shall be reviewed ~nd approved by the City Attorney ~.nd filed prior to full building permit issuance. The 'current abstract of title or registered property report shall be referred to the City Attorney for his examination and report. Park dedication in the a.~ount of tb.e fee which is applicable at .the time of building permit issuance, but in no case less than $300.00 per dwelling unit. shall be z:e'viewecl. approved by Easement documents granting the City .of Mound permanent easement rights to the p~p house property shall be prepared at' the expanse of and by the app!i=ant. SUCh documents shall be reviewed and approved by t_he City Attorney. Developer shall revise pl~ns to indicate changes 'in ~he utility, plan to show looping of watermain %o %he p~:~p house. Costs will be paid by t_he developer for ~he wate~aLu !oop~--ng =o the pump house property line and ~he City ~-iil pay for ~he watermain on the pump house prop~r~y. The driveway entrance to Three Points' Blvd. shall be shifted westerly, a maximum of 7.5 feet, minimum of 5 feet if the driveway impacts the forestation and grades revised to meet the m~xi~um City standard of 8%. The Developer is to sign a Development Contract and furnish to the City a performance 'bond in an amount 125% of the cos~ of the improvements to cover grading, drainage, u~ility and street construction ': as per plans approved by the City Engineer. 10. The Developer shall submit additional escrow funds of $1,500.00 to defray city costs for engineering, legal and planning fees and a~y additional ~mounts that may be charged, against said account under city Ordinance Section 330.00. 11. Easements shall be added to the final plat, sufficient to cover the City's needs for utilities and drainage as determined by the city Engineer. 12. The following variances are approved by the City Council with the finding that the site is unique and there are special circumstances (as stated above) which would create a hardship if variances are not approved: Lot Area Variance, Block ! - Block ! is granted a 7,750 square foot lot area variance from the minimum requirement of 20,000 square feet under the provisions of the B-2 zone. Block. i is effectively severed from the balanc, e of the property due to the placement of the municipal pump house. 3 Block 2, Lot Wi~th:'Va~iance - Block -granted a 94 foot lot width variance from t_he 120 foot ordinances requirement. Block 2 exceeds the 120 foot 're.cult,sent in t_he immediate wicini=~ of the propose~ structures. De Driveway Width Variance - A 5 to 7 foot ~riveway width variance is granted for all interior access roads. ~ne existence of the municipal pun.~ house precludes driveway vidths in excess of 20 feet. : ' 13. Curbing Materials Variance.- A variance is granted frcn the strict znterpretation of Section 23. 620.7 (4d) to re.cl:ire concrete curbing only along the east side of the driveway area. Curbing along the entire drive area is inpractical due to snow-removal practices. Side yard ~ranted due o Side Yard Setback Variance - setback variances of 5 feet are to the unique shape of the site. 14. The applicant shall ~ ~ e_ec~ a stop sign conforming to normal City standards at the intersection of the return driveway loop and the main entrance drive. 15. This Conditional Use Pernit is granted for the following legally described propa~y; Legal Description as per ~ ~ ~ PID ~!3-117-24 22 0023 This Conditional Use Pernit shall be recorded with the County Recorder or the Registrar of Titles Hennepin County pursuant to F. innesota Statutes Section 462.3595,~ Subd. 4. This shall be considered as a restriction on how this property nay be used. The property owner shall' have the responsibility for filing this resolution with Hennepin County and paying all costs for such recording. Th.e building pa?mit shall not be issued until proof o'f recording has been filed with the City Clerk. The foregoing resolution was r.,oved by Councils.tuber D~qrens and seconded by Councilme.-uber Jensen. Th~ following eounci!members w0te~':Ln-the affirmative: Ahrenst Jenson, Jessen, Johnson ~a su:it_h. The follo~£ng Council~e~bers voted in the negative: City dlerk 5 Attachm'ent I LEGAL DESCRIPTION Address': 5545 Th'~'ee Points Boule','ar~ County: Hernuepin f~,~3er: Catalyst Properties, Inc. The East 125.00 feet of the West 400.00 feet, measured at right angles from the West line of Government Lot 4, Section 13, To~,u~ship 117 North, Rathe 24 West, of the following described property: That .Dart of Lot 27, La~i3-yet%e t~rk Lsd~e Minneto]~a, acco~--ding to the recorded plat t~hereof i.ving Southerly of the Southerly right-of-way line of Three Points Boulevard and Northerly of a line, hereinafter referred to as Line A, and ~Jnich begins at ~ point on the West line of said Government Lot 4 distant 144~.?1 feet South from the N~ corner of said Lot 4, said West line having a bearing of North for the purposes of this description; thence North 89 de~rees ~5 minutes East a distance of 39~.34 feet; thence 'South 5'3 de_~rees 4~ minute's E~st a distance of 30.00 feet and there terminating, EfCEPT that part of said LOt 27 described as follows: Commencing at the said ~5~~ corner of Government Lot 4; thence South (assumed bearing), alo. n~ said West line of Lot 4: a distance of 1345.38 feet; thence South 84 degrees 40 minutes East a distance of 138.94 feet; thence South 65 degrees 04 minutes East a distance of 100.00 feet;' thence South 62 degrees 26 minutes East a dis{ante 6f 51.9 fee%; t, hence South 85 degrees 16 .minute-~ 40 seconds East a distance of 101.41 feet to the point of beginning; thence North 1 degree 21 minutes East a dis -tance of 25.00 feet; thence North 88 degrees 39 minutes West a distance of 101.72 feet to the East line of the West 275.00 feet of ·said Lot 4~ thence South, along said East line to said point on a line ~ich bears South 53 degrees 46 minutes East from said point of beginning; tJ~ence North 53 degrees 46 minutes West to said point of beginning. Also, ~YCEPT that part of said Lot 27 described as follo~m: The East ~00.00 feet of the West 375.00 feet,' measured at right angles from the West line of said Government Lot 4, of the North 100.00 feet of the South 530.00 feet measured at right angles to and lying North of a line ~13ich is perpendicular- to said West line of Government Lot 4 and intersects said %'cst line at a point 1~25.00 feet South of said .~5~ corner of Lot 4. FEE OWNER PLAT PARCEL Catalyst Proper%res, Inc. PIDI: ~-11.7.-24-22-0023 Lecilion end complete legll description of property to be divided: Location: 5545 Three Points Bouleva.r~ Legal: (See at:tar, heal) ZONING B-2 Tc be. divided el follewl: Block 1 = approximately 12,250 sq. ft. Block 2 = approximately 45,539 sq. ft., consisting of: Lot 1, a 3,066 sq. ft. parcel Lot 2, a 4,548 sq. ft. parcel Lot 3, a 3,082 sq. ft. parcel and Out_lot A, a 34,843 sq. ft. parcel All su ortln docOments, such aS~e s attachments etc. must be submit--e e'-~~ (attlch survey or scale drawing showing adjacent streets, dimension of proposed bullding lites, square foot area of each new parcel deslg~ated by number) A WAIVER. IN LOT SIZE IS REQUESTED FOR: New Lot No.( Fr~ Square feet TO ~XlUlrl feet (signature) ADDRESS ~Catalyst Properties, Inc. 11700 Wayzata Blvd., Mtka 55343 Appllcont's interest in the prepar~y: ~'~ owrlez' TEL. NO. 544-9084 DATE 03-20-89 This application must be signed by Ill the OWNERS of the property, er in expl&q~ ilion given why this is not the case. PLANNING COMMISSION RECOMMENDATION: 'DATE COUNCIL ACTION Resolution No. DATE APPROVAL OF THIS DIVISION IS DEPENDENT ON THE LEVYING OF ANY DEFICIENT SPECIAL ASSESSMENTS BY WAIVER, THE FILING OF THE DIVISION AS APPROVED AND THE NECESSARY PAYMENTOF.TAXESBY THE FEE OWNER WITHIN 1 YEAR FROM THE DATE OF TIlE RESOLUTION OR IT BECOMES NULL AND VOID. . Call 3q8-3271 to order a certified list from Hepnepln County Property ~)lvlslon. __ JLLne 27, k959 RESOLUTION NO. 8g-6g RESOLUTION ORDERING T~E I~fPRO~KE~T Or A NOW PRIVATE PORTION OF DE1TBIGHROAD A~D ORDERIN~TW~. PREPARATION OF PL~/~SAND SPECIFICATIONS FOR SUCH IKPROFEHENT WHEREAS, a resolution of the City Council adopted the 23rd day of May, 1989, fixed a date for a Council Hearing on the proposed improvement of a now private portion of Denbigh Road that runs east from Cardiff Lane, pursuant to a petition .of af- fected property owners; and WHEREAS, ten days' mailed notice and two weeks' pub- lished notice of the hearing was given, and the hearing was held thereon on the 27th day of June, 1989, at which all persons desiring to be heard were given an opportunity to be heard thereon. NOW, THEREFORE, BE IT RESOLVED by the City CounciI of the City of Mound, Minnesota: Such improvement is hereby ordered as proposed in the Council resolution adopted the 23rd day of May, 1989. McCombs-Frank Roos Associates, Inc. 'is hereby desig- nated as the engineer for this improvement. He shall prepare plans and specifications for the making of such improvement. The foregoing resolution was moVed by Councilmember Johnson and seconded by Councilmember Jessen. The following Councilmembers voted in the affirmative: Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. Councilmember Ahrens was absent and excused. M~y6r ' - Attest: City Clerk RESOLUTION NO. 89- Resolution Approving Plans and Specifications and Ordering Advertisement for Bids - 1989 Street Improvements Denbigh Road WHEREAS, pursuant to Resolution No. 89-69, passed by the Council on June 27, 1989, the City's Consulting Engineer; McCombs Frank Roos has prepared plans and specifications for the improvement of Denbigh Road from Cardiff Lane to approximately 285 feet easterly and has presented such plans and specifications to the council for approval; NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MINNESOTA: Such plans and specifications, a copy of which is attached hereto and made a part of, are hereby approved. The City Clerk shall prepare and cause to be inserted in the official paper and in the Construction Bulletin an advertisement for bids upon the making of such impmovement under such approved plans and specifications. The advertisement shall be published for a minimum of 10 days, shall specify the work to be done, shall state that bids will be received by the Clerk until 10:00 A.M., on September 8, 1989, at which time they will be publicly opened in the Council chambers of the City Hall by the City Clerk and Engineer, will then be tabulated and will be considered by the Council at 7:30 P.M. on September 12, 1989, in the Council chambers. Any bidder whose responsibility is questioned during consideration will be given an opportunity to address the Council on the issue of responsibility. No bids will be considered unless sealed and filed with the clerk and accompanied by a cash deposit, cashier's check, bid bond or certified check, payable to the Clerk, for 5 percent of the amount of the bid. Mayor Clerk ADVERTISEMENT FOR BIDS 1989 Street Improvements Denbigh Road Mound, Minnesota MFRA #7064 Sealed proposals will be received, publicly opened and read aloud at 10:00 A.M., Friday, September 8, 1989 at the Mound City Hall for street improvements on Denbigh Road. Approximate quantities consist of 560 L.F. of concrete curb and gutter, 960 S.F. of concrete driveway aprons, 250 Tons of Class 5 gravel, 60 Tons of Bituminous Base, 50 Tons Bituminous Wear, 180 L.F. of 12" PVC storm sewer, 2 catch basins and related appurtenances. The bids will be considered by the City Council of the City of Mound at their regular meeting at 7:30 P.M., Tuesday, September 12, 1989. All proposals shall be addressed to: Fran Clark, City Clerk City of Mound 5341Maywood Road Mound, Minnesota 55364 and shall be on the form included in the specifications and made a part of the contract documents. "Copies of the Plans and specifications and other proposed contract documents are on file with the City Clerk and at the office of McCombs Frank Roos Associates, Inc., 15050 23rd Avenue North, Plymouth, Minnesota 55447. Plans and specifications for use in preparing bids may be obtained at the offices of the Engineer upon payment of $20.00 per set, which is NON-REFUNDABLE. Each bidder shall file with his bid a cashier's check, certified check or bid bond in an amount of not less than five (5) percent of the total amount of the bid. No bid may be withdrawn within sixty (60) days after the bids are opened. The City of Mound reserves the right to reject any and all bids and waive any informalities or irregularities therein. CITY OF MOUND, MINNESOTA ATTEST: Fran Clark, City Clerk Steve Smith, Mayor CITY OF MOUND, MINNESOTA 1989 STREET IMPROVF~ENTS DENBIGH ROAD ENGINEERS COST ESTIMATE ITEM QUANTITY 1. Common Excavation 2. Remove Concrete Pavement 3. Remove Bituminous Pavement 4. Tree Removal 5. Conc. Curb and Gutter S512 6. Conc. Driveway Aprons 7- Class 5 Gravel, 100% Ct. Quarry Rock 8. Bit. Base Mn/DOT 2331 9. Bit. Wear Mn/DOT 2341 10. 12" PVC Storm Sewer 11. Catch Basins 12. 12" CMP Flared End 13. Rip Rap 14. 6" Wood Guard Posts 15. Turf Establishment Black Dirt and Sod 16. F&I 6" Dia. Maple 17. 2" Plank Insulation 284 C.Y. 280 S.F. 300 S.F. 3 EACH 560 L.F. 960 S.F. 250 TON 60 TON 50 TON 180 L.F. 2 EACH 1 EACH 3C.Y. 3 EACH 610 S.Y. 1 EACH 128 S.F. TOTAL ESTIMATED CONSTRUCTION COST UNIT PRICE $ 7.00 2.50 2. O0 400. O0 7.00 3.50 9.00 33. O0 36.00 30. oo 900. oo 100. O0 6O. O0 5o. oo 3.00 1,000. O0 1.00 ESTIMATED AMOUNT $ 1,988.0o 700.00 6OO.OO 1,200.00 3,920.00 3,360.00 2,250.00 1,980.00 1,80o.00 5,400.00 1,800.0o 100.oo lB0.00 150.00 1,830.00 1,000.0o 128.00 28,386.00 McCornbs Frank Roos Associates, inc. Twin Cities St. Cloud 15050 23rd Ave. N. Plymouth, MN 55447 May 24, 1989 Telephone 612/476-6010 Facsimile 612/476-8532 Engineers Planners Surveyors Mr. Edward J. Shukle, Jr. City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: Mound, Minnesota Denbigh Road Proposed Street Improvements MFRA #7064 Dear Ed: Enclosed are a reviS6d preliminary cost estimate and proposed assessments for the above mentioned project. These revisions are a result of the revisions to the plan now known as Alternate B and also include estimated costs for right-of-way acquisition and replacement of an existing maple with a 6" transplant. The total cost of the project is now estimated to be $41,000, which is the figure to be used in the Notice of Public Hearing. If you have any questions or require additional information, please contact me. Very truly yours, McCOMBS FRAh~ ROOS A~SOCIATES, INC. John Cameron JC:aju Aa EQual O!Doortunity E,'n;Dtc~.er ~' & 7~'~ Mound, Minnesota Preliminary Cost Estimate Denbigh Road - Alternate B MFRA #7064 Item Quantity Unit Price Total Common Excavation 220 C.Y. 3-1/2" Bituminous Base Mn/DOT 2331 100 TON Bituminous Tack Coat 20 GAL 1-1/2" Bituminous Wear, Mn/DOT 2341 50 TON Driveway Aprons 600 S.F. Concrete Curb and Gutter 570 L.F. Tree Removal 2 EACH 12- RCP Storm Sewer 200 L.F. Catch Basins 2 EACH Manhole 1 EACH Concrete Apron 1 EACH Rip Rap 2 C.Y. Black Dirt and Sod 400 S.Y. Relocate Curb Stop 2 EACH Adjust Gate Valve 1 EACH 6" Maple 1 EACH ..... Contingencies '-~. Total Estimated Construction COst 7.oo/c~ 33.00/TN 1.50/SA 36.00/TN 3.50/SF 7.00/LF 400.O0/F~ 30.O0/LF 900.00/EA 1,000.00/EA 400.O0/EA 60.00/CY 3.00/SY 350.00/EA 200.00/EA 1,000.00/EA $ 1,54o.oo 3,3oo. oo 30.0o l, 800. O0 2,100.00 3,990.00 800, O0 6,000. O0 1,800. oo 1,000.00 400. O0 120. O0 l, 200.00 70O. O0 200.00 1,000.00 2,620.00 $ 28,600.00 Engineering, Legal' Fiscal and Administrative Costs Right-Of-Way Acquisition 9,400.00 3,000.00 TOTAL ESTIMATED COST - Alternate B .$ 41,000.00 Revised 4-20'89 Revised 5=24-89 0 0 O0 O0 ~ ,I ~ ~ 0 OO'~O00 I ~ OQ 0 O00 I 00 ~ 0~000~ I 00 O00000 O~ A. THOMA.5 WUI~$T, P.A. UA~"'$ D. I-A~$ON, P.A. THOMAS F'. UNDIrI=IWOOD, CI~AIG H. lu~rRT~ I~OG~'IR ~1. F'ELLOW$ LAW OF'F'I ¢r.$ WURST, PEARSON, I-ARSON, UNDERWOOD & ME;RTZ I100 F'II~ST BANK PI. ACE WE:ST MINNEAPOLIS, MINNESOTA 55402 ^ugust 16, 1989 Mr. Clarkson Lindley Attorney at Law 807 Twelve Oaks Center 15500 Wayzata Boulevard Wayzata, MN 55391 RE "O AUB 1 ? 1989 Re: Denbigh Road Dear Clarkson: The City Engineer has now completed his plans for the im- provement of Denbigh Road per the action of the City Council. He has provided me with a copy of those plans showing how the road will relate to Freda Olsen's property. I am enclosing herewith a copy of the section of the plan as it relates to Freda's house. The area which is in light red is the current area where the street is located converted to a permanent section and. this is the permanent easement that the City is requesting from Freda. The area which is shaded in green is an area where we woUld like to have a temporary easement from Freda so we can reshape that portion of her yard to. better match the new curb and gutter and new street. The City Engineer assures me that this area, which is 685 square feet, is not necessary to the project but will enhance the appearance of Mrs. Olsen's property by allowing us to grade and landscape the lawn in such a manner that it flows with the street. He tells me that once the grading has been done, they will have black dirt spread on the lawn and then it would be sodded to the curb and gutter which is to be installed. Therefore, in addition to the permanent easement we have asked for, we also will need a temporary easement, if we are to do the landscaping, so we can match her lawn to the street. I don't think that should create a problem for her because it is a beautification matter rather than a public improvement. I do hope that we can get back to a point'where we can try to resolve the easement situation as quickly as possible so there might be construction this fall and the people could utilize the new street Wul~s'r, PcAI~SON, LAI~SON, UNDEI~WOOD & M IrI~TZ Page 2 Mr. Clarkson Lindley August 16, 1989 over the winter. If there is a delay or if we have to go through a condemnation proceeding, I can only see this resulting in ad- ditional costs and expenses for Freda and the City, and you and I will do better with the additional attorneys' fees, but there will also be commissioners, appraisers, and experts who will be hired to testify. I hope that we can bring good common sense to our efforts to resolve this dilemma. CAP:lh / cc: Mr. Ed Shukle, City Managem Very truly yours~z-~ CnY~rtis A. Pearson City Attorney City of Mound Mr. John Cameron, City Engineer LO~JL. " .I~EMOVE I ~' ELM ~U ~E5 I I ~O~E ~06'T.~ ( CO. August 14, 1989 CLASXSON 807 TWELVE OX]CS CENTER 15500 WA~TA BO~V~ WAY~TA, ~OTA 55391 ~L~PHO~: (612) 473-0~8 C'D AU8 1 6 1§8g Mrs. Freda J. Olson 4414 Wilshire Blvd Mound MN 55364 Honorable Steve Smith Mayor, City of Mound 2710 Claire Road Mound MN 55364 Mr. Curtis Pearson Wurst, Pearson, Larson, Underwood & Mertz 1100 First Bank Place West Minneapolis MN 55402 RE: Lines of Communication for Settlement Offer Regarding Mrs. Freda J. Olson and the Improvement of Denbigh Lane Dear Mrs. Olson, Mayor Smith, and City Attorney Pearson: This is to confirm the various telephone messages of Friday, August 11 and Saturday, August 12 regarding the line of communication for forwarding a settle- ment proposal on behalf of Mrs. Olson to the City of Mound. I understand that Mayor Smith's position is that, while he does not deny a citi- zen's right to contact him as Mayor, that in the case of the settlement nego- tiations, he has reaffirmed his July directions to me that all settlement negotiations regarding this project and Mrs. Olson are to be communicated through Mr. Curt Pearson, the City Attorney of Mound. Mrs. Olson now has before her my draft of a proposed settlement offer. As soon as she has communicated to me in writing her acceptance of a settlement, I will forward the settlement proposal in writing to City Attorney Pearson. I thank each of you for your cooperation and understanding in this matter. Sincerely, C1 arkson Lindley CL/sah P,S. Enclosed is a copy of Mr. Pearson's most recent letter to me. ?? A. THOM,~.S WURST, P.A. CURTIS, A. PrAR$ON, P.A. ~AM~S D. ~SON, P.A. THOMAS ~. UNDerWOOD, ~.A. CRAIG M. MER~ ROGEe U. FELLOWS LAW OrrlC:£$ WURST, PEARSON, LARSON, UNDERWOOD &t MERTZ IIOO FIRST BANK PLACE WEST MINNEAPOLIS, MINNESOTA $540E August 11, 1989 ?I~ t.. Ir IIH ON [ Mr. Clarkson Lindley Attorney at Law 807 Twelve Oaks Center 15500 Wayzata Boulevard Wayzata, MN 55391 Re: Dear Clarkson: Improvement of Denbigh Road This will confirm our recent telephone conversation con- cerning the City's improvement of Denbigh Road. The engineer and the City Manager have both asked me about our negotiations and if we are to try to get this'completed this year, we are going to have to move quickly. It is my understanding that you have discussed our recent negotiations with Freda Olson, and we hope you can respond fairly soon so we know whether we have to con- sider condemnation. Your help and assistance in resolving this sticky problem is appreciated. CAP: Ih CC: Mr. Ed Shukle, City Manager Mr. Ver7 truly yo~, Curtis A. Pearson City Attorney City of Mound CLARK$0N LINDLEY LA~;YER 807 T%VELVE OAKS CENTER 15500 ~/AYZATA BOULEVARD V~AYZATA, MINNESOTA 55391 TELEPHONE: (612) 473-0848 August 10, 1989 1989 Honorable Steve Smith Mayor, City of Mound 2710 Claire Road Mound MN 55364 DRAFT FOR CLIENT APPROVAL RE: Improvement of Denbigh Lane - Settlement with Mrs. Freda J. Olson Dear Mayor Smith: Upon the report by my client, Mrs. Freda J. Olson of her conversation with yu on Friday August 4, I am writing you directly concerning a settlement on behalf of Mrs. Olson concerning the Denbigh Lane improvement project. I also understand frown her in a telephone co,~versati.on on Monday afternoon, August 7, that you want a copy of this letter sent to City Manager Shukle. As you know from your conversation with Mrs. Olson, unfortunately, there was an illness and death in Mrs. Olson's family which has prevented her from focusing her attention on the Denbigh Lane matter until just now. However, after con- sulting with her on Tuesday, August !st, and reviewing the matter again during the phone conversation on Monday, August 7, whereby she directed me to write you I propose on her behalf the following settlement: 1. As Mrs. Olson remains convinced that the improvement of Denbigh Lane will be of no practical or financial benefit to her, she does not want to be assessed for the project, although she is not opposed to the project being completed according to the current engineering plans of Alternate B. The correctness of Mrs. Olson's intuitive analysis which she presented to the Council at Lhe June 27 meeting see letter and transcript attached is born out by the citations ! provided you and the other council members in my June 13 Memorandum ONE ROAD IS ENOUGH in which the McQuillin treatise states: "If property is not benefited by an improvement by reason of the existence of a like or similar improvement from which the property derives all the benefit of the kind necessary to its use and enjoyment, it is not subject to assessment for the later improvement." As I noted in the June 13th Memorandum, this rule was cited with approval by the Minnesota Supreme Court in Independent School District No. 709 v. Cit~, of Duluth, 117 NW2d 812 at 815 (1970) in which the Supreme Court said in part: "The trial court's finding that no special benefit accrues to (the property) b~cause of the existence of a like improvement which is available to serve tnat property is sustained by the evidence." ttono:'~ , Steve Slnitll Augus: ~ ,, 1989 Since ~,~e City will be taking 985 square feet of Mrs. Olson's 10,100 square foot lot, almost 1/10 of it, and she has neither petitioned for the improvement nor will be benefited by the improvement, she is entitled to be compensated for this taking. Mrs. Olson will accept $~,000.00 as a cash settlement for the taking of her pro- perty. This is a savings of almost 1/3 of the amount budgeted for right-of-way improvement in the financial projections accompanying the City Engineer's Alternate B, and leaves some dollars available from that line item to compensate ott~er non-petitioning residents on the same per square foot basis .for any land taken. 2. Assuming that the financial terms are acceptable to both Mrs. Olson and the City, Mrs. Olson has some strong concerns about the non-financial aspects of tile improvement project of Denbigh Lane. These concerns are: Written assurances that the "tree-for-tree" part of the deal will be included. Mrs. Olson recognizes that good engineering design makes it impossible to save the existing almost 40 foot tall mature maple tree on the corner of her lot. It should be noted that although this tree is located on Mrs. Olson's property it provides a substan- tial amount of shade and visual interest to all the adjacent proper- ties and is the only remaining large tree on that end of Denbigh Lane. Mrs. Olson also recognizes that it is impossible, as a practical matter to transport in a tree that large, that valuation of urban trees such as this is inexact at best. Therefore, she has accepted the idea of the "tree-for-tree" replacement. Mrs. Olson does want written assurances that the replacement tree will be at least 25 feet tall and six inches in diameter, which she recalls were the figures discussed between her and the City staff. I am confident that the City of Mound's investment in as large as practical a "tree-for-tree" replacement maple will be protected by Mrs. Olson's good gar- dening and cultivation practices as evidenced by the state of her present lawn and garden. Therefore, although the replacement tree will also be on Mrs. Olson's property inside the curve of the road, it will truly be of benefit to the entire neighborhood, especially in the future when it grows as tall as the former tree. Mrs. Olson wants to be assured that the new easement in favor of the City will eliminate the burdern of the various private easements on her property. She would also appreciate assurances that the work will be done in a careful and conscientious manner, as she devotes a great deal of attention to the care of her lawn and garden and the upkeep of her entire lot. To i~el~} Ilrs. Olson address these concerns, I believe it would be useful if the City c~ld prepare a draft of the proposed easement to include the amount of land t,) i)e taken for the permanent easement, as well as tile temporary construc- tion e,~sement. Mrs. Olson has noted that the stakes markin~ the proposed align- m~nt of ~he road indicate the outer dimension to the "Back of Curb". Mrs. Olson dlso rucolls that there tlas been discussion of a seasonal easement for plowi'ng Honorable Steve Smith /~ugu~t 10. lg~g Page ll~ree and disposal of snow, possibly on some of her property. If this is in fact con- templated by the City, the seasonal and land extent of such an easement should also be defined in the draft easement. If the engineering work is well enough along so that the proposed easement could include reference to the road as it will be constructed and surveyed, that would also be useful, especially if a copy of the new plans could be provided to Mrs. Olson.. Mrs. Olson was concerned about the possible expense of having to have her property resurveyd after the construction of the road. I have assured her that I believe that a properly drafted easement document including reference to, and a copy of, the City's engineering drawings could be filed with the County Recorder and therefore made a part of her Abstract which would in fact give her a better defined easement than the present set of private easements which refer to roadways "as now existing" or "as now traveled" but which are not geographi- cally defined. With an easement document in hand, I believe Mrs. Olson will be able to focus on the practical elements of getting the Denbigh Lane improvement project done once and for all. I know that you, as Mayor, as well as the other Council Members and the Mound city staff are all working to see that all the citizens of Mound are treated fairly and equitably. In the case of the improvement of Denbigh Lane fairness and equity, as well as settled precedent by the Minnesota Supreme Court dictate that the unique nature of Mrs. Olson's property which has all the access it needs off Wilshire Blvd. be recognized. With the petition for and apparent agreement of all the other residents, the improvement of Denbigh Lane project which has come before the Council on numerous occasions in the past be, at this time, completed according to the engineering plans which are so well along. The good will and hard work of all concerned, city staff, consultants, and elected officials has brought the project a long way toward completion. The proposed financial settlement of $2,000.00 is well within the proposed budget for the project and should result in a saving not only in the right-of- way acquisition line item, but in other so~t costs as well. I know that Mrs. Olson appreciates all the good efforts you have put into this project as well as your other work as Mayor of the City of Mound. Sincerely, Clarkson Lindley CL/sah P.S. My home telephone number is: 476-2743, should you need to reach me outside of normal working hours. cc: ,Mr. Edward Shukle, Mound City Manager McCombs Frank Roos Associates, Inc. Twin Cities St. Cloud 15050 23rd Ave. N. Telephone Plymouth, MN 612/476-6010 55447 Facsimile 612/476-8532 August 15, 1989 Engineers Planners Surveyors Mr. Edward J. Shukle, Jr., City Manager City of Mound 5341Maywood Road Mound, Minnesota 55364 SUBJECT: Sewer Agreement Mark Nielson Property in Minnet r|sta MFRA #882~ Dear Ed: We have reviewed the latest documents regarding Mr. Nielson's request to connect to Mound's sanitary sewer and are recommending approval of the subject agreement already signed by the City of Minnetrista. The one item which needs to be revised is the amount of the connection charge. The Administrative, Legal and Engineering expense should be increased to $650.00, which brings the total charge to $3,50?.80. If you have any questions or need additional information, please contact us. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron JC:jmj ~, ~,m~ An Equal Opportunity Employer AflBw. W. MENT BETWEEN THE CITY OF M/.NNETRISTA AND TH]E CITY OF MOl/ND BW. lATIVE T0 'PR0VIDING UTILITY SERVICE T0 MINNETRISTA PROPERTY OWNER THIS AGREEMENT, made and entered into this day of , 1989, by and between the City of Minnetrista, a municipal corporation, of the County of Hennepin and the State of Minnesota, hereinafter called "Minnetrista", and the City of Mound, a municipal corporation of the County of Hennepin and State of Minnesota, hereinafter called "Mound" and Mark E. Nietson and Lisa C. Nielson, the 0wners of property described as the East 172 feet of Government Lot 1, lying north of the South 250 feet thereof, except the South 478.5 feet of the East 66 feet thereof, Section 15, Township 117 North, Range 24 West of the 5th Principal Meridian, hereinafter called "Owner". WITNESSETH: WHEREAS, Mound has inplace a sanitary sewer line at the Mound City limits along its boundary with Minnetrista; and WHEREAS, said property in Minnetrista is isolated from existing sanitary sewer in Minnetrista and is owned by the party requesting connection to City sewer; and WHEREAS, Mound has indicated that they will allow a sanitary sewer connection to the Mound inplace line so that the proposed home on said property in Minnetrista can be served by said service; and WHEREAS, the parties have mutually agreed that it is in the best interest of public health, safety and welfare to provide sanitary sewer service from the Mound system to the Minnetrista property owner, and that Minnetrista and the Owner of said property will pay to Mound the following established amounts and will abide-by the rules and regulations established for the Mound system and as set forth in this Agreement, NOW, ~FORE, in consideration of the mutual covenants and ag~reements herein described. IT IS HEREBY AGREED as follows: The entire cost of the service connection shall be borne by the Owners of ss_id property requesting the connection. This agreement shall limit the number of connections to one. Any additional connection request would require further action by both the City of Mound and the City of Minnetrista. Within the limits established in this agreement, the property owner in Minnetrista shall be allowed to connect to and become part of the sewer system of Mound, and shall be subject to the same charges and regulations as property owners of Mound. In addition to all the Costs incurred and paid by the Owners for the project as outlined in Paragraph 1, the Owner shall, prior to the time they connect to Mound's sanitary sewer system, pay to Mound the availability and connection charges as follows: CONNECTION CHARGE: Original Unit Assessment - 1 unit ~ $292.00/Unit Original Footage Assessment - 270 L.F. @ $9.04/L.F. Availability Charge - 1 unit ~ $125.00/Unit TOTAL CONNECTION CHARGE Administrative, Legal and Engineering'Expense TOTAL $ 292.00 2,~40.80 $ 125.O0 $ 2,857.80 $ ~ &SO. 00 #3507 QUARTERLY SEWER USE CHARGE ---~o be determined by Mound!s..~e~ular rate. of service is $30.25 per quarter. 5. The current rate for this type The Owner in Minnetrista connected to the Mound system shall be billed usage charges on the basis of the same sewer.rates applicable to users in Mound, said charges to be billed directly to the user'in Minnetrista. Minnetrista shall guarantee payment of these charges, subject to the_cooperation of Mo%md in providing information to Minnetrista_~hich will'allow Minnetrista to 'specially assess unpaid sewer use charges against the Minnetrista property. o The Owner in Minnetrista connecting to the Mound systems shall be required to obtain a construction permit from Mound for a sewer connection and shall pay all connection fees in the same amounts and manner as Mound residents. Mound shall not be responsible to any person, firm, or corporation for damages claimed as a result of backing up of sewers in any basement in Minnetrista. Mound will perform all normal maintenance on the sanitary sewer main lines within the Mound corporate boundaries. Minnetrista and/or the property owners will perform all normal maintenance on service connections to said described property and the sanitary sewer line within the Minnetrista corporate boundaries. Mound's responsibility for repair or maintenance shall end at the corporate boundary. Construction of the service line to the individual home shall be the responsibility of the Owner in Minnetrista under the supervision of and subject to all Minnetrista codes and regulations. 10. All,sanitary sewer construction by Minnetrista and the Owner in' Minnetrista shall meet the requirements of Mound's Sanitary Sewer Standard Specifications, and any special provisions deemed necessary by the Mound City Engineer. 11. Mound agrees to. cooperate and make available any and all records, plans, Specifications, and other materials which may be necessary for Minnetrista. 12. The Residential Equivalency Unit (REV) charged by the MWCC for this hook-up shall come from the City of Minnetrista's allotment. 13. This agreement and provision of sewer service shall not be considered as evidence in any detachment or annexation proceedings. IN WITNESS WHEREOF, the parties have hereunto authorized and entered into this Agreement upon authority of the City Council of the City of Minnetrista and the City Council of the City of Mound. IN THE PRESENCE OF: CITY OF MIN~TA ayor / - City Administrator - Clerk/Treasurer STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this ~ -- day of ~ ~ ¢ ~ ~- , 1989, by Walton Clevenger and Charlotte Paterson, the Mayor~and City Administrator - Clerk/Treasurer of the City of Minnetrista, a Minnesots ~i~a_l corporation, on behalf of the municip~al,corporation. t , / "' "k'; HENNEPIN COUNIry l I IN THE PRESENCE OF: CITY OF MOUND Mayor BY: City Manager STATE OF MINNESOTA COUNTY OF HENNEPIN The foregoing instrument was. acknowledged before me this day of , 1989, by Steve Smith and Edward J. Shukle, Jr., the Mayor and City Manager of the City of Mound, a Minnesota municipal corporation, on behalf of the municipal corporation. IN THE PRESENCE OF: OWNER BY: Mark E. Nielson BY: 'Lisa C. Nielson STATE OF MINNESOTA COUArrY OF HENNEPIN The foregoing instrument was acknowledged before me this · 1989, by Msmk E. Nielson and Lisa C. Nielson. day of CITY OF MINNETRISTA, MINNESOTA Planning Department TO: DATE: July 25, 1989 APPLICANT: Mark Nielson LAND OWNER: Earl and Lois Sandquist RE: LOCATION: FILE NO: Honorable Mayor & Councilmembers Rezoning from RA to R-2 Minor Comprehensive Plan Amendments 6410 County Road 15 P89-40 SPECIFIC REQUEST Mark Nielson is requesting a rezoning of 3.28 acres from RA Agricultural Residential to R-2 Medium Density Single Family. He is also requesting two minor comprehensive plan amendments. The first is the extension of the Metropolitan Urban Service Area to include the subject parcel. The second is to change the planned density of the parcel from one home per three acres to two homes per acre. BACKGROUND On the 16th of September, 1985 the City Council adopted Resolution No. 112-85 which conditionally rezoned this parcel, as well as the three acre parcel to the west and the half acre parcel to the southeast, from RA to R-2. The conditions of this rezoning were: 1) Approval by the City of Mound of a sanitary sewer extension; 2) City approval of a Class III Subdiuision Final Plat, as submitted by MNS Associates; and 3) Approval by the Metropolitan Council of two minor comprehensive plan amendments. Due to the death of one of the MNS Associates partners, and other non land use issues, the development never materialized. Therefore the conditional rezoning lapsed. On the 5th of April, 1989 Mark Nielson made a Class II application to split the Sandquist parcel into two lots. A half Page 2 Nielson Rozoning acre lot for the existing Sandquist homestead and the balance of the property for his new home. After a lengthy review process the City Council gave Preliminary Plat approval of the lot split. That approval included several conditions. The three conditions relevant to this application are: 1) A sewer service agreement with the City of Mound must be fully executed prior to review of the final plat by the City Council; 2) A rezoning application shall be filed; 3) Mr. Nielson shall make application to the City for a minor Comprehensive Plan amendment to change the MUSA line and the densities indicated on the Land Use Plan, if the City or Metropolitan Council denies either of the revisions, a rezoning cannot be approved. REZONING The current rezoning request from RA to R-2 is very similar to the request of 1985. The only differences seem to be that less property is involved in this request and that the proposed subdivision will create only one additional building site rather than the nine additional lots proposed in 1985. The property proposed for rezoning is shown in Exhibit B. It is immediately adjacent to an R-1 neighborhood in the City of Mound. This zoning classification allows 10,000 square foot residential lots. To the north of the property is Dutch Lake. To the west is a three acre homestead. To the south across County Road 15 is an 18 acre vacant parcel. The purpose of the RA Zoning District is to serve as a holding district of rural land until such time as urban services can economically be provided, or until the Metropolitan Council approves a MUSA extension. The Comprehensive Plan shows the City's RA District to be in the Urban Service Area. Therefore, it is not a question of whether a rezoning to urban densities is in conformance with the City' plans, but when the rezoning is appropriate. The two key elements of a rezoning in the RA district ~is whether or not the property is within the MUSA, if not, will the Metropolitan Council approve an expansion of the MUSA, and secondly, whether or not sanitary sewer is available to service the property. The first element deals with the MUSA status of the property. As mentioned above, the property immediately abuts the MUSA, but is not within it. So the Metropolitan Council will have to give approval of a MUSA expansion to include the new home site before a rezoning to urban densities can become effective. Page 3 Nielson Rezoning The second element is more certain. At their March 28, 1989 meeting the City of Mound directed their staff to prepare an agreement allowing Mr. Neilson to make a sewer connection to their sanitary sewer system. Prior to final action~ the City of Minnetrista's input was requested. The requested rezoning would represent a continuation of urban density development. Since the Mound neighborhood is zoned at 10,000 square foot lots, the proposed zoning of 20,000 square foot lots would not be an isolated urban zone in an otherwise rural area. Furthermore, as approved by the City Council, both the existing homestead and the single proposed building site would gain access from County Road 15, not through the Mound neighborhood. Therefore, not only is the proposed rezoning a continuation of the existing land use patterns, but it would not negatively effect the Mound neighborhood. Staff believes more property ought to be rezoned to R-2 than is included in Mr. Nielson's request. Exhibit B shows that a property, owned by Mr. Hentges, shares a common lot line with a portion of the Sandquist's eastern property line. If the Hentges property were not rezoned to R-2 at the same time as the Sandquist property, it would remain an RA spot zone. The Hentges residence is located partly in Mound and partly in Minnetrista. The portion of the Hentges property within Minnetrista is only 31,581 square feet. Given this situation, the Minnetrista portion of the property alone could not be subdivided into another building site even if the property were rezoned to R-2. Therefore, since rezoning the Hentges property would not result in a density increase in Minnetrista, and it would avoid an isolated RA zoned parcel, it makes sense to rezone the Hentges property to R-2 together with the Sandquist property. CONSISTENCY WITH THE COMPREHENSIVE PLAN As alluded to earlier, the proposed rezoning is only partially consistent with the Comprehensive Plan. It is consistent in so far as the property is within the City's Urban Service Area. It is not consistent in terms of development timing. When the Comprehensive Plan was adopted in 1982, the City had no sewer in place in the area, nor did it seem feasible to extend the City's sewer to service the few isolated properties in the neighborhood. Because the smallest lot permitted without sewer Page 4 Nielson Rezoning was three acres in 1982, the Comp Plan shows the area to stay at one home per three acres into the foreseeable future. As a result, Mr. Nielson is requesting two minor comprehensive plan amendments in addition to the rezoning. The first is the extension of the Metropolitan Urban Service Area to include the subject parcel. The second is to change the planned density of the parcel from one home per three acres to two homes per acre. Since the City of Mound has agreed to extend sewer to the proposed home, and already has extended their sewer to the Sandquist, Shaw and Hentges homes, there seems to be no reason for the City not to approve the minor Comp Plan amendments necessary to allow the one additional urban residence. ALTERNATIVE COURSES OF ACTION i. Deny the proposed rezoning from RA to R-2 because it would be premature. 2. Approve the proposed rezoning from RA to R-2 and the minor Comprehensive Plan amendments with the following conditions: A. The Sewer Service Agreement between the City of Mound, the City of Minnetrista, and Mr. Nielson must be approved and executed by all parties prior to adoption of an Ordinance rezoning the property to R-2. B. The Metropolitan Council must approve the minor Comprehensive Plan amendments prior to adoption of an Ordinance rezoning the property to R-2. 3. Approve the minor Comprehensive Plan amendments; further approve a rezoning of the Sandquist and Hentges property in Minnetrista from RA to R-2, with the following conditions: A. The Sewer Service Agreement between the City of Mound, the City of Minnetrista, and Mr. Nielson must be approved and executed by all parties prior to adoption of an O~dinance rezoning the property to R-2. B. The Metropolitan Council must approve the minor Comprehensive Plan amendments prior to adoption of an Ordinance rezoning the property to R-2. Page 5 Nielson Rezoning STAFF RECOMMENDATION Staff recommends Alternative Number Three. PLANNING COMMISSION RECOMMENDATION The Planning Commission unanimously recommended Alternative Number Three. WDT · cc Mark Nielson Tom Radio, City Attorney NIELSON Rezoning RA to R2 Exhibit B Neighborhood Map .. ........ :'.~__. ....... RD- Hentge~ I:~RT OF" LOT 6 ;, . .1 II I .I t Exhibit D Comp Plan ~gso oEva.o~ 1985 DEVELOPMENT 1990 DEVELOPMENT NOTE.; The existing ~nd D~osecl res~e~tial i~e85 u~/ecl by IxJ~c ~ewer is ~ en ~ n~p wa accemcxtat~ · 1990 ~o~ti~3n of ~Y 4200. E ,-? E COC)K'$ ~ ....... ~ AGRICUD'URAL PRESERVE [ ....... j~ ~ USE URBAN PLANNING AREA RESlDENTtA[, MiN~/~Vl LOT SIZE NOTE: 3 acre ~ lot size until sewered. ~ 3 ACRES ~ I ACRE ~ 1/2 ACRE ~ 1/3 ACRE ~ 1/e ACRE ~ PUBUC, SEM,-PUBLIC, & RECREATION ~ BUS.ESS ~===~ ~I~USTRY · · · UNDEVELOPED 1990 CITY OF ST. BONIFACIUS CITY OF MOUND LAND USE PI_~N ~ooo minnetri~ ~ c~nk~mml ..... · !__~~c. Park Commission Hinutes August 10, 1989 Maintenance Permit: 460I Island View Drivea ~o~.r Stephanson~ DEVON COMMONS, Block l, Lot 7, Devon. Request to trim sun~ch. The applicant was not present. The Park Director explained that persons in this area of Devon commons have been allowed to trim sumach in the past, upon the condition it is not trimmed to less that 3 feet high. He further explained the reason for the request is to improve their view of the lake. Bailey added that this area is not considered a nature area. Casey stated that he does not believe, according to the Shoreland Management Plan, that you are allowed to expose your house visibly to the lakeshore, and does not feel that lakeshore view is an adequate reason to grant the trimming request. Motion made by Weber, seconded by Jessen to recommend approval of the request to trim sumach, however, the sumach must not be trimmed less that 3 Feet fn height, and must be trimmed under the supervision of the Park Director. Motion carried 8 in Favor, ! opposed (those in Favor: Andersen, Clough, Weber, Asleson, Byrnes, Burke, Jessen, and Bailey; those opposed: C~sey). This case will be heard by the City Council on August 22, I989. CITY OF MOUND MOUND, MINNESOTA HAl NTENANCE PERMIT For Continuing the Present Use of a Structure or Imp~oven~ynt on Public Lands or Commons DO you have an improve~n~ or structure on Public Lands or ~ns~ If'yes, llst them: ~lh~ ~ -7-/~/"/4~ ,/--//~-(~=~--/~-- ~LOT ~ ~. BLOCK ~ ~ SUBDIVISION tSn~ ~o) ' ~as a perm~ ~ss~d to ~u~or~ze ~he. construction of ~h~s l~rove~n~ or s~ruc~ure?,. if ~es, ~n~h ~nd APPLICANT HUST FURNISH .THE FO~O~IN~ ' ~." Cop~ of perm!~ ~ssued ~o ~u~hor~ze construction. One plot plan drawn to scale showing dimensions of the structure/improvement and location of same. One set of plans and specifications of sufficient clarity and detail to indicate the nature and extent of the structure or improvement. Show foundation plan, floor plan,~front and side elevation, wall and roof sect)on detail. Photographs of existing structure/improvement. PARK COMMISSION RECOMMENDATION: COUNCIL ACTION:' RESOLUTION NO. DATE: FOLLOW-UP ACTION: tSLAND VI[W DR ~"' CiTY 0I: MOUND ../S° I . / 200 ,./ scale 2'70'2. Park Commission Minutes August 10, 1989 Winter Motorized Vehicle Lake Accesses: Pol ice EnForcement_F_ Automobile Accessesx Snowmobile_~.A'FV Accesses, Pembroke Winter Vehicle Access. A letter from Jane Chiesl, a neighbor to Pembroke Park, was dis- tributed to the Commission. The Commission read the letter and reviewed the content. Police Chief, t_e~ny Harrell, explained the problems involved in enforcing motor vehicles driving in City Parks. He stated: "How can we control accesses when we allow snowmobiles to drive on the streets?" He added that Fencing the accesses closed would be the only way to alleviate use of an access. Bill Kullberg of 5245 Edsall Road in Minnetrista, stated that cars cause more problems and dangers than snowmobiles. Park Commission Minutes August ]0, ]989 Page Three Claudia Miller of 450! Island View Drive lives next to the park stated that she does not have any chilOren, however, there are a lot of children that play in Pembroke Park which is dangerous be- cause of the access. She stated that cars park on the Park in the winter, as well as in the parking lot, and while they are parked there they party, creating lots of noise and debris. Harrell stated that most of the complaints received regarding Pembroke are related to the a'TV's, however problems with ATV's exist in all the parks. Weber stateO that among the nine vehicle access used by automobiles in Mound, Four of them are considered parks, however only Pembroke is an "improved" park with a new playground struc- ture and a beach which creates a dangerous situation. He em- phasized that Pembroke is unique because it is the only improved park with an access. Bailey noted that there are two other access points for snow- mobtlers just north of the Pembroke access, they are at East Port Road and Avalon Park. it was noted that the closing of the 'Pembroke access would ellminate au'tomobile access on that side of . the island, however there are still three other snowmobile ac- cesses. Ways to close the access were discussed. A physical barrier is the only logical solution, however the City needs to maintain access to their lift station. Asleson suggested, if it the con- sensus of the Commission to close the access, vacating that por- tion of Aberdeen should be considered. MOTION ~kade by Weber, seconded by Casey, to rec(~nmend closing the Pembroke Park motor vehicle access, and direct staff to proceed with vacating that portion of Aberdeen Rc~ad. Motion carried unanirmDusly. This will be heard by the City Counc.il on August 22, 1989. It was suggested by Dick Meredith that adequate posting of the closed aceess be displayed to alleviate any accidents from people who will return to that access. The subject of snowmobile accesses was further discussed by the Commission. How can we make t~e people aware that snowmobiles are not allowed on Parks and Commons? It was suggested rules be printed in the City newsletter. The commission discussed the 41 lake access points in Mound used by snowmobiles. Questions were raised, such as, "Which ones should be closed7" and, "Which ones should be signed as desig- nated as access points?" Park Commission Minutes August lO, 1989 Page Four MOTION ma~e by dessen, secon~e~ Dy Weber, to Form a sub- committee to study and analyze these accesses throughout the winter in orQer to help Oetermine which ones are being used appropriately or inappropriately. Motion carried unanimously. it was noteO that some of these accesses allow vehicles to cross City Parks or Commons, shoulO 'this De allowed? The Commission agreed to have a winter tour of these accesses after the First heavy snow, sometime in January. PARK CONNISSION TO DISCUSS WINTER LAKE ACCESSES The Mound Advisory Park Commission will be discussing winter motorized vehicle lake accesses at their meeting on August lO, 1989, 7:30 p.m. at Mound City Hal), 5341 Maywood Road. Designated accesses include: Pembroke, Wychwood, Twin Park, Mound Bay Park, Sunrise LanOing, Sunset Landing, Canary Beach, Centerview Beach, and Waterbury Road. These accesses are used by automobiles, snowmobiles and ATV's. Anyone who wishes to be heard on the issue is welcome. Published in "The Laker" August 7, 1989. Park Commission Minutes June @, 1989 Page Three Winter motorized vehicle accesses. The City Council's conclusions regarding the closing of Pembroke Park's vehicle access was discussed. The City Council recognized that this access should De closed June ] through September and this should be enforced. The Council will await a recommen- Qation from the Park Commission regarding the closing of the win- ter access tn September. The Commission discussed the meeting to take place in August regarding winter motorized vehicle accesses In Mound. The Issue of snowmobiling was raised. The Commission agreed that they need to accommodate snowmobiler's with accesses, however they would llke to control the accesses used by supplying sfgnage to those designated for use. It was determined that a map showing the ac- cesses should be supplied for the meeting in August. CITY COUNCIL MINUTES Recommendation from Park Com~iss£on Regard£~g Pembroke Park win ter Motorized Vehicle ~cces~ Councilmember Jessen stated the word winter should be removed, as the commission would like no motorized vehicles year round. The vehicle traffic in this park is heavy and dangerous to children playing in the area. Jane Chiesl, an abutting neighbor to the 81 May 23, 1989 park, was present to speak on behalf of the neighborhood. Coun- cil noted that the ordinance states no launching, mooring or docking of water craft is allowed from June 1st through September 15th at this park. Council recognized that the existing or- dinance needs to be enforced. The Park Commission will meet in August to discuss the winter use of the park. The item will return to the Council in September. Park Commission Minutes May I 1, 1989 Page Three Gather citizen Input reqardtnq Pembroke Park winter motorized vehicle access. Jane Chics1, an abutting neighbor to the park, was present to speak on behalf of the neighborhood. She state two requests, 1) that the vehicle access at Pembroke Park De closed, and Z) that the park area be improved by lave]lng the grade and seeding. She added that their is City land across the street that the neigh- borhood kids also play In, and they would like a back-stop In- stalled there. Rod Plaza, another abutting neighbor, commented on the large amount of debris left by fishermen, reckless drlv, ing, loud Parties, and disturbances create~ by persons using the access. Mr. Plaza uses the access, however, would rather find another access and have Pembroke access closed. The neighbors complained about the police department and their lack of support with controlling disturbances at the park. The Commission explained that the police OD not have jurisdiction on the water, therefore violations in a park can be difficult to en- force. However, the Con~tsston added that they will be working with the police on the issue of motorlzeQ vehicles in City parks. Weber questioned the boat access. He stated that the LMCD does not recognize this as an official boat access. The Park Director stated that the City Code' lists this access as a "seasonal wa%eccraft launch area." The residents present all commented on the poor condition of the launch and stated that It is rarely used, only sma]] fishing boats use the launch. Btl1 Kullberg, a member of the Mtnnetrtsta Park Commission spoke against the closing of the Pembroke access. He stated that this would cause an overE]ow to the Minnetrlsta access further down on the Island. The~ Commission reviewed the seasonal water craft launch areas listed In City Code Section lOl5:ZO and concluded that Pembroke was the only access area adjoining a.park. MOTION made by Casey, seconded by Weber, to approve the closing DE the vehicle access at Pembroke Park. Motion carried unan[rm:>us]y. There wa~ discussion regarding snowmobile access, will this be allowed? Weber confirmed that a snowmobile ts a motorized vehicle, therefore they are not allowed on park property. Dick Meredith of the Westonka 5noblazers snowmobile club spoke in position ~o the closing DE this access for snowmobiles. The Cpm- miss~on stressed that they would like to work with the area snow- mobile clubs to develop access areas for them. In adOttion, thls topic will be part of'the discussion when meeting with the police department regarding the enforcement of vehicles in public parks. The Commission directed staff to inform the Westonka Snoblazers o{ this meeting which will be scheduled sometime in August IgBg. 7/89 SEE EXHIBIT A CITY OF MOUND RECOGNIZED WINTER MOTORIZED VEHICLE LAKE ACCESS SITES 2. 3. 4. 5. 6. 7. 8. 9. Twin Park Mound Bay Park Wychwood Beach Sunrise Landing Sunset Landing Canary Beach Pembroke Beach Waterbury Road Centerview Beach Priest Bay Cooks Bay Cooks Bay West Arm Harrisons Bay Jennings Bay Phelps/Spring Park Bay Cooks Bay Harrisons Bay NO WINTER LAKE ACCESS SITES Ridgewood Park Chester Park Avalon Park SEASONAL WATER CRAF'T LAUNCH AREAS Section 1015:20 Pembroke Wychwood Three Points Beach Centerview Beach ~,?11 ,,,/ '-.' / ~0 ~2 ,1 -. 'soo 7~ ',/ Detail Winter Motorized Ve~icle Lake Access 7/89 7. Pembroke Beach Phelps/Spring Park · x "' / ]989 Park Con~ission Tour of Vehicle Lake Accesses fn Nound LOCATION WEST ARM BAY (PAGE .Dove Lane Woodland Road (east) Three Points Beach WINTER aTVs, SNOWMOBILES, AUTOMOBILES ATV, SNO ATV, SNO ATV, SNO, AUTO e Sunrise Landing 5. Breezy Beach Path :'6;'-'~. North Beachside 7. Shorewood Road HARRISONS BAY (PAGE 1) north shore 9. lO. South Beachside Poplar Landing Sunset Landing 11. i2. Cresent Park (Oesignated nature area) Eagle Lane (south) ATV, SNO, AUTO AVT, SNO AVT, SNO ATV, SNO ATV, SNO un i reproved ATV, SNO, AUTO ATV, SNO' ATV, SNO BOAT LAUCH limited: not between June I & Sept. 15 semi improved landing unimproved semi improved landing LOCATION HARRISONS BAY (PAGE I) south shore 13. Waterside Lane 14. Centervtew Beach 15. Fairview Lane 16. Arbor Lane SETON LAKE (PAGE I) 17. Carlson Park BLACK LAKE (PAGE 2) 18. Carlow Road 19'. Gallaway Road 20. Cavan Road SPRING PARK BAY (PAGE 21. 22. 23. East Port Road Avalon Park Pembroke Park PHELPS BAY (PAGE 2) 24. Island View Drive (south) COOKS BAY (PAGE 3) 25. Waterbury Road 26. Chester Park 27. Brighton Commons WINTER A~¥s, SNOWMOBILES, AUTOMOBILES ATV, SNO ATV, SNO, AUTO ATV, SNO ATV, SNO ATV, SNO ATV, SNO ATV, SNO ATV, SNO ATV, SNO ATV, SNO ATV, SNO, AUTO ~TV, SNO ATV, SNO, AUTO? ATV, SNO ATV, SNO BOAT LAUCH limited: not Detween June & Sept. 15 limited: not between June & Sept. I5 remove from launch sites LOCATION C:C~S BAY cont. (PAGE 3) 28. Manchester Road 29. Wychwood Beach 30. MounO Bay Park PRIEST BAY (PAGE 3) 31. 32. 33. Twin Park Highland End Park Ridgewood Park 34. Sinclair Park HALSTEAD BAY (PAGE 4) 35.''<- BlUff Beach I_~E LANGDON (PAGE 4) (no boat launches) 36. Veteran Park 37. Juniper Road 38. Southview Road DUTCH LAKE (PAGE 4) 39. Rambler Road WINTER ATVs, SNOWMOBILES, AUTOMOBILES ATV, 5NO- ATV, SNO, AUTO BOAT LAUCH ATV, SNO, AUTO ATV, SNO, AUTO ATV, SNO ATV, SNO auto removed '87 ATV, SNO limited: not between June 1 & Sept. 15 improve~ launch ATV, SNO ATV, SNO ATV, SNO ATV, SNO ATV, SNO, AUTO 40. Linden Lane ATV, SNO 41. Grandview Lane ATV, SNO, AUTO improved boat launch improved boat launch THERE ARE 75 USABLE ACCESES ONTO LAKE MINNETONKA IN MOUND, 35 OF THESE ACCESSES ARE LISTED ABOVE. ACCESSES WITH STEEP SLOPES HAVE NOT BEEN INCLUDED. ~Je6ning~ I : PAGE 1 -j Mm MI! elm mm m Mm mm mm ~mm BAY PAGE 2 r--!F Cooks Bay E ! L" Sp?ing Par. k Bay "~ ?/2 o o C> PAGE 3 Ld Z PAGE 4 LAK£ GO0~.$ II ~ '"; Hal steads Bay RESOLUTION NO. 89- RESOLUTION TO REAPPOINT ELDO SCHMIDT TO THE MOUND HOUSING & REDEVELOPMENT AUTHORITY FOR A FIVE YEAR TERM - TO EXPIRE 8-29-94 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby reappoint Eldo Schmidt to the Mound Housing & Redevelopment Authority for a five year term, to expire August 29, 1994. McCombs Frank Roos Associates, inc. Twin Cities St. Cloud 15050 23rd Ave. N. Plymouth, MN 55447 August 17, 1989 Telephone 612~76-6010 Facsimile 612~76-8532 Engineers Planners Surveyors Mr. Edward J. Shukle, Jr., City Manager City of Mound 5341Maywood Road Mound, Minnesota 55364 SUBJECT: City of Mound, Minnesota Public Works Facility Payment Request No. 8 MFRA #8257 Dear Ed: Enclosed is Loeffel-Engstrand's Payment Request No. 8 (FINAL) for work completed through July 13, 1989, in the amount of $10,689.08. We have reviewed this request and find that it is in order and recommend payment to Loeffel-Engstand for $10,689.07. ' '' We certify that the Public Works Facility is complete and has been built in accordance with the plans and specifications. We have also enclosed Change Order No. 6. This change order consists of electrical items that were requested by the City and items that were deemed necessary or desirable as construction proceeded. The original amount requested in this change order was substantially more than the final amount, but we were able to negotiate a reduction to a reasonable level. If you have any questions or need additional information, please contact us. Sincerely, McCOMBS FRANK R00S ASSOCIATES, INC. _ . ~.~,~ ..~-'~---?. ,, ,, .. Steven W. Jantze, n, P~E., A.I.A. SJ:jmj Enclosures An Equal Opportunity Employer CHANGE ORDER NO. 6 PUBLIC WORKS FACILITY CITY OF MOUND, MINNESOTA MFRA #8257 ITEM NO. 1 Supply new thermostats for existing unit heaters ITEM NO. 2 Provide temperature control connections to fans in repair bay area ITEM NO. 3 Telephone outlet, 3-way switching in truck storage area, extra repair bay outlets, overhead door operator connections, water softener circuit TOTAL CHANGE ORDER NO. 6 ADD ADD ADD ADD $ 127.00 $ 697.00 2,875.00 3,699. O0 Original Contract Amount Change Order No. 1 Change Order No. 2 Change Order No. 3 Change Order No. 4 Change Order No. 5 Change Order No. 6 Revised Contract Amount 679,000.00 14,7oo.o0 3,142.o0 725.0o 1,o11.oo 429.00 3,699.00 $ 702,706.00 Approved: McCombs Frank Roos A.~ssociates, Inc. Loe'ffel - Engs trand Date: Date: By: City of Mound, Minnesota Date: BILLS ...... AUGUST 22, 1989 BATCH 9081 BATCH 9082 90,885.37 79,731.34 TOTAL BI LLS 170,616.71 i) AOI?O PRE-PAID $/15/8~ 811518'), ~'t. LI~ B..~OF CO ~ TOT~ ~-PAID 8115/~ 8/15/~ ~ P~ ~ TOT~ ~-PAI~ 8/15/~ 8/15/~ ~ ~~ ~3I~ ~ TOT~ ~-PAI9 8/15/~ 8/15/~ ~L~ ~TI~ '~ ~T~ ~01 ~E-PAID 8/15/~ 8/15/~ ~'S ~T~ ~ TOT~ 8/15/~ 8/15/~ CI~ ~ ~IT~I~ ~TOT~ ~-PAI9 8/15/~ 8/15~ CI~ ~ ~ ~ ~T~ C1~1 ~AIB 8/15/~ 8/15~ ~-PAID 8/15/~ 8/15/~ ~AID 8/15/~ 8/15~ D1219 8/15/~ 8/15/~ ~T ~ ~ F'UF:CIIt~S£ JOUBItAL CITT O~ MOUUD ~'3., 731.58 33,731.58 33731.$$ 221.~ ~1.09 221.09 15.00 125.00 125.00 573.~3 .~'3.&3 573.~3 ~2.85 ~2.~5 62.85 2,610,00 2,610.00 2610.00 10.00 1~.00 6.24 28.24 28.24 2,205.16 2,205.16 52.4? 3,911 .~ 3,964.47 7,727,46 7,813.~ 13783,53 3~7.44 337.44 337.44 1,164.15 DEE;CRIPTION ~ALCOAT CO~q~ACT JRNL-CD XEF~X PAPER FCC AUTH-CAR TO CAR ,.~NL-CD LIQ JRNL-CD FILM JRNL-CD C~ UNION 8/5 PR dRNL-CI) REFt P/C- FLAT TIRE REPt. P/C- MTG REPL P/C dRM.-CI) SIT 8/5 PR Jk'NL-CD ~ 1/2 dU~ EST SALES TAX 2ND I/2 JLm~E EST SALES TAX JULY SALES TAX JULY ~J~.E8 TAX 37 CDNTRACT HDUBS dRNL-C)) 27-5000-5300 1010 01-4320-2100 1010 ~-4170-~00 1010 71-7100-9510 1010 01-4140-2200 1010 01.2040-00~. IOlO 01-4140-3810 01-4140-4120 01-4140-22(X) 1010 01-2040-0000 1010 ~-35~-0000 71-30~2-0000 I010 73-3592-0000 7I-~92-0000 1010 81-4350-3100 1010 01-204~-0000 PK"E-PAID AMOL~ 337~1 ..;8 221.09 573.&3 296~ 2610.00 2~7 ~.24 2TZ 2205.16 3?64.47 2?7, 7813.90 2~ ~7.~4 -) PAGE 2 ~-C02-01 DELTA DENTAL E14~ 8/15/~9 8/15/89 '~ TOTAL PiCE-PAIl) 8/15/89 8/15/89 PRE-PAIl) 8/15/89 8/15/89'9 PRE-PAII) 8/15/89 8/15/89 El} PHILLIPS & SONS VE]~)OR TOTAL F1588 PRE-PAID 8115189 8/15189 FIRE RADIO SERV FREQUNCY * VENDOR TOTAL PRE-PAIl) B/15/89 8/15/89 GENUINE PARTS CO G1890 VENDOR TOTAl. P~E-PAII) 8/15/89 8/15/89 GLENWOOI) IMiEWOOD VENI)OR TOTAL G19~5 P~E-PAIO 8115189 8/15189 G~'F_AT~ST LIFE ASSLEANCE VE]~')ORTOTAL G1970 PRE-PAID 8/15/89 8/15/89 GREG SKINNER VENDORTOTAL · ~ G1971 PRE-PAID 8/15/89 8115/89 PURCHASE JOURNAL CIT¥~MDL~qD 14.40 37.25 37 51 I,~4.70 1304.70 60.~ .60- 59.80 135.70 ~51.12 7.22- 579,~ 220..36 2'33.26 6.73- 26,.94 ~.54 19.85 8.12 8.13 99.58 1,3~3.00 1,363.00 69.03 69.03 6%03 1%10 19.10 DESCRIPTION AUG DENTAL-RE'[IF, Z'ES AUG DENI'AL-RETIE'EES AUG DENTAL-RE'TIREES AUG DENTAL-RETIREES JRlt.-CD WINE DISC dRNL-CD LIQ WINE DISC dR~-CD LIQ WINE DISC dRIt.-CD FCC AUlH-l'k'l.E):, D I SPATCH dRll.-CD DEF COMP 8/SPR ~NL-CD HOSP DED 8/SPR JRt(. -CD 01-4190-1510 01-42B0-1510 01-4140-1510 71-7100-1510 1010 71-7100-~520 71-7100-~,~i~) 1010 71-7100-9510 71-7100-9520 71-7100-~5~.X) 1010 71-7100-9510 71-7100-~20 71-7100-~X) 1010 22-4170-39(X) i0i0 01-4340-2310 1010 01-4140-4100 01-4090-~ 01-4280-2200 73-7300-2200 75-7800-2200 lOlO 1010 78-7800-4110 I010 01-2040-0000 1010 PRE-PAID AMOb'NT 59.80 579.60 446.89 225.~, 69.0' 19.10 DATE TI~ CHECK 29721 ~701 ~707 2~73~ 2971, 2969' 2~71, .) PAGE AP-C02-O1 G1972 PRE-PAID VEI,{DORTOTAL 8115/89 8/15/89 PR~E-PAID 8115189 8/!5/89 ~IGGS COOPER & COMPANY VENIH]R TOTAL H2145 PRE-PAID 8115189 8/15/89 htE)~ CO SUPPORT& COLLECT, VENDOR TOTAL 1230! PRE-PAID 8/15/89 8/15/89 IC~A RETIRSqE]tT TRUST-457 ;~,q)OR TOTAL PRE-PAID 8/15/89 8/15/89 ICMA RE-FI~ ~-401 VENDOR TOTAL PRE-PAID 8/15/8~ 8/15/89 INTEF-U~ATL CITY MGMT ASSN VENDOR TOTAL ~ J2532 PRE-PAID 8/15/8~ 8/15/89 '~, JOO< CLUB VENDOR TOTAL d2560 PRE-PAID 8/15/8~ 8/15/89 ~ L NORMAN VENDOR TOTAL J2571 PRE-PAID 8/15/89 8/15/89 ~ TAFFE YEN~OR TOTAL J2579 PRE-PAID PURCHASE JOURNAL CITY DF MDL~D AMOUNT DESCRIPTION 19.10 2,287.80 LIQ 1~.o7 WI)(E l&.'20 F~T 2.479,76 JRNL-CD 31.78 MIX 627.25 WINE 13.19- DI~ 13.05 FRT 459.09 ,.JRT&-CD 313.85 288.46 JRNL-CD 478.18 ICMA 4~--8/5 PR 478.18 478.18 87.25 ICMA 401 8/SPR 87.25 d~L-CI) 87.25 30.00 ICMA CO{~=-REIMB ~1.00 ICMA CO~ 421.00 ~NL-CD 421.00 47.25 FOOD-C.D.W. MTO 47.25 dR)&-CD 47.25 21.00 REISSI~E-4"iAY EXPENSE 419.00 REISStIE-MAY EXPENSE 59.50 REIS~1E-MAY EXPENSE 4~.50 dRNL-CD 499.50 468.00 72 CONTRACT ~ 468.00 ~-CD 1,07'/.11 LI@ ACCOUNT NUMBER 71-7100-7510 71-71oo-~2o 71-7100-95d,0 71-7100-94.00 71-7100-7540 1010 71-7100-9540 .71-7100-95~ 71-7100-7540 71-7100-%(X) 1010 01-2040-0000 1010 OI-2040-O(XX) 1010 01-2040-0000 1010 01-1170-0000 01-404.0-4110 1010 01-4020-4120 1010 01-4090-4120 01-4090-4110 01-4095-4110 1010 01-4340-31(X) I010 71-7100-9510 PRE-PAID 2479.76 459.09 28:3.46 478.18 87.25 421 47.25 4~.50 296~ .) -) PAGE 4. AP-C02-O1 8/15/89 8/15/89 P~-PAID 8/15/89 8/15/89 PURCHASE JOURNAL CITY DF MOUND 1,277.52 34.31- 2,320.32 1,042.39, 21.22- 1,021.17 3341.49 87,36 87.36 87.36 1,13~.50 1, t38.5O 1138.50 165.00 1~5.00 165.00 210.00 210.00 210.00 595.65 595.65 595.65 8.75 459.71 4.65 .75 23.50 1.65 .4,00 ~.~ 32.75 63.15 11.07 DESCRIPTION WINE DISC dRNL-CD LIQ DISC ORI~.-CO UNION 8/5 PR C~IM dUST INST-HARRELL J~'4_-CD UNION 8/5 PR dR)IL-CO 71-7100-9520 71-7100-9~,~.,0 1010 71-7100-9510 71-7100-?:.~ 1010 01-2040-0000 1010 01-2~-0000 1010 78-2304-0000 1010 01.4140-4~. 1010 01-2040-0000 1010 22-4170-4110 1010 O1-L'~O-O000 1010 01-4070-3210 01-4020-3210 01-4040-3210 01-4060-3210 01-4090-~10 22-4170-3210 71-7100-3210 01-4340-3210 81-4350-3210 01-4190-3210. 73-7.':~X)-3210 PRE-PAID 1021.17 1138.5O 165.00 210.00 5~5.&5 CHE~ ! 2970~ 29731 297~ 29718 29711 2972] pAGE 5 PURCH A S E AP-C~-01 CITY DF ~ T!~ VENDOR INVOI~ ~ HDLD F~UE-PAID ND. INVOICE ~ ~TE BATE ~TATU~ AMOUNT I)E~L'~IPTI~ ACCOUNT NUMI~R ~7 L'~< 8/15/~,, 8/15/~ ~POgTRASIER VEHDOR TDTAI. 600.00 P3~,~ PR~E-PAIO 5,942.15 8/15/~ 8/15/89 5,942.15 P E R A VENDOR TOTAL 5942.15 II.O8 ~4 POSTG ME'rF.R ~ 78-7800-3210 27.85 REPLEN PDSTG METER'MACH 01-4140-3210 1.~ REPLEN POSTG METER MACH 01-4~0-3210 5.20 REPUEN ~TO ~ P~qCH 01-4090-3~210 78.61- REPLEN PDSTG METER ~ 01-4320-3210 600.00 dRNL-CD 1010 PERA 8~ PR 01-2040-0(K)0 J~b&-CB 1010 600.00 2~7 5942.15 P~30 PRE-PAID 8/15/89 8/15/~ 438.~0 HOSP ~ 8/5 PR OI-~-(X)O0 4~.~0 dS~4L-CD 1010 PHYSICIA~(S DF ~ TOTAL 4~.~0 04171 PRE-PAIO 8/15/~ 8/15/89 1,272.10 LIQ 71-7100-~I0 240.~ WI~ 71-7100-~ 27.87- DISC 71-7100-9560 1,4~)4.~ J~d~_-CO I010 PiUE-PAID B/IS/~ 8/15/~ QUAI. ITY WINE & ~IRITS VE)4I)DR TOTAL R4259 PRE-PAIl) 8/15/'87 8/15/89 1,905.~ LIQ 71-7100-~10 1~.70 WI~ 71-7100-~. 40.08- DISC 71-7100-9560 2,059.4-4 J~i~.-CD 1010 ~7.32 b3 CONTRACT HOLRS 01-4340-3100 9.64 1 CONTRACT HOL~ 73-7300-3100 616.76 ,.RNL-CD 1010 2059.44 616.96 ROBERT E JO~SON V~OR TOTAL S4500 PRE-PAIB 8/15/~ 8/15/~ STALE BA~ OF ~ VENgDR TDTAL S4511 PRE-PAID 8/15/89 8/15/~ STATE CAPITOL C~::kfEDIT LINI~ VENDOR TOTAL 616.96 10,020.72 I0,028.72 10028.72 498.33 4~.33 498.33 FIT 8/5 PR 01-2040-0(0)0 JRNL-CD 1010 CR UNION 8/5 ~ 01-2040-0000 dR~(.-CD I010 4~.33 S4633 PiCE-PAIl) 2,051.94 8/15/~ 8/15/~ 2,051.94 SW METal] DRU~ TASK, FORGE VE]~(I)(]~ TOTAL TOT~ ALL VENOORS 2051.94 99,895.37 CLOSE ~ ~ 01-2300~222 dI~tL-CD I010 2051.94 AP-C02 01 r'UF'.CIILSE JOUr:fIAL CITY OF r'F~JlO YEI. EO:? INVOICE [Lq? HOLD NO, IN',~ICE [~IBR DATE DATE STAFU$ AMOUNT DESCRIPTION POE-PAID ACCOUNT NLI)'IB.~ A,~L~'T IL'TEO~ ~ A0059 8!'17/~.. 8!17/89, 342,50 REPAIRED LA~ 3.12,5~} JI~-CD 73-73~3-4200 1010 ACER LAWN & LANDSCAPING VENDOR TOTAL ?42,50 8/17/89 8117189 9.~ 9,82 26,13 48,94 9,~ 4,91 4.71 4.91 4,91 45,96 17.29 6.08 9.00 202.51 OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SL~'=~LIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SL, r'PPLtE$ CD~ PAPER MANILLA FOLDER FILE BINDERS JF~L -CD 01-4040-2100 01-4090-2t00 01-4140-2100 01-4190-2100 01-4~0-2103 01-4~0-2100 71-7100-21C~ 73-7300-2100 78-7800-2100 01-4095-2100 01-4070-2100 .';o-4170-2100 01-4030-2100 1010 VEhTE)R TOTAL AIR C8~ DI¥ISIDN 8/17/89 8!17/'89 V1ENI)DR TOTAL 238.38 RADIO SERV CDNTR-AUG.BAL 6-7 115.08 RADIO SERV CONTR-AUG,BAL 6-7 24.66 RADIO SERV CDNTR-AUG,BAL 6'7 24.66 RADIO ~ CDNTR-Ab~,BAL 6-7 1,56.18 RADIO SERV CO~FFR-AUG,BAL6-7 24,66 RADIO SERV CD~[I'R-AUG,BAL 6-7 123.30 RAJ)IDSERV CONTR-AUG,BAL 6-7 .57.54 RADIO SER'YCDNTR-AL6,DAL 6-7 57.54 RADIO SERV CDNTR-AUG,BAL 6-7 ~.00 JR~I_-CD 01-4~o0-37,50 01-4~0-~50 01-41~-3'"":~ 01-4~0-~, 01-4140-3~50 01-404.0-3";~,0 73-73O0-3950 78-7800-3950 22-4170-3950 1010 8/17/89 8/17/89 70.00 AICPADUES 70.00 JRII_-CD 01-4070-41~ 1010 ) ) AMERICAN INSTITUTE. OF CPA' VE)IDOR TOTAL A0300 8/17/8~ 8/17/8~ AMERICAN TEST CENTER VE),II)DR TOTAL 8/17/89 8/17/89 70.00 ~5.00 TEST AERIAL 545.00 JRNL-CI) 545.00 ~-4170-3100 1010 1010 ANTHEI~YS FLORAL '~E}~DOR TOTAL A0371 8117189 8/17189 ~6,58 ~6.58 JRNL-CD 01-4340-50(X) 1010 "i APPLE VALLEY READY MIX os40 YE)igDR TOTAL 256.58 7.50 ,.MILT OXYGEH 73-7300-~%"200 .) ,) PALE 2 AP-C02-01 NO. INVOICE )~4~R ~TE DATE ~TAlt.~ BATH)~ COMPANY B0b-77 8/17/87 8/17/8~ VENDOR TOTAL 8!17 lf~ 8117/89 l~sI k'~ECYD_!NO SYS~ OF M VE)~K)OR TOTAl. B0578 BIG A AUTO PARTS 8117189 8/17189 BOl~l DISTRIBUTION C~40 8/!7/89 8/17/89 VEND(IR TOTAL 8/17189 8/17189 VENDOR TOTAL 8/17/89 8/17/89 VE~4DOR TOTAL 8/17/89 8/17/89 VENDOR TOTAL 8/17189 8/17/89 PURCHASE JOURNAL CITY OF MOL~4D 12.~0 27.~0 27.50 2,200.00 2,200.00 158...34 177.03 335.37 .~.37 59,00 7.9,00 35.00 45.O0 218,O0 218.O0 475,O0 '~35.00 810.O0 810.O0 134.6~ I4.20 ~.40 178.2~ 178.~ 21.08 21.08 42.16 42.16 6.14 8,59 1,59 2.~ 71.~ ~,~ 3,48- 1~,~ ~,94 54.~ 91.~ 494.62 DE,~RIPTIDN ,,,R,.~ Y OXY~ JULY OXYGEN JR)& -CD JULY RECYCLE SEF~¥I~ JFU~L-CD dULY ALFFD PARTS J.LY AUTO PARTS JULY G~BAGE-FIRE JULY 8ARBAGE-PW JdLY GARBAGE-STREETS RECYCLE UEFTD~qEFFJ CEliENT WDF(K-DLL CEMENT WORK-NORII.EI:~t JRNL-CD PARTS CO(ttECTIONS ~qKE CLF_AhtER JR~_-CD dULY RUG RENT JULY ~tIG RENT UPS-CSI ENVELOPES JLLY HOWE SUM:q. IES JULY ~ SL~:~LIES dULY HOWE SUF~U. IES PA~ LI~, SUPM. IES dLlY HOWE SUPM. IES JLLY HI)WE SUPPLIES J~.Y HIT~E SUPPLIES JULY HI~4E ~JPPt. IES dULY HOWE SUPPLIES $1'E? LADDER dDt-CD 78-7800-;~-00 01-4~0-~(X) 1010 01-4270-4200 1010 ~-4170-~c~'..00 01-4~0-~10 1010 ~-4170-37~ 01-42~0-3750 01-4~-3750 01-4270-4200 1010 01-4~0-42G0. 73-7300-4200 1010 73-7300-TJO0 01-42'~'y0-~10 O1-4L'x~O-~'50 1010 01-4320-4210 71-71O0-4210 1010 01-40~-~10 01-4280-~00 01-42~X)-2~'~00 01-42~0-~O0 01-4340-~ 01-4340-2300 22-4170-~s~X) 78-78OO-23O0 01-42~0-~ ' 1010 F~E-PAID PA~E 3 AP-C02-O1 ~'11~. I)'tv'O I C~ tie HOU} NO. Ih'~ICE ~B~ I~TE BATE STATUS COAST TO COAST CO~O TOTAL CIOIO COMJIL~ICATiO~ AUD IT(Il C1077 8/17/89 8/17/87, VE)$OR TOTAL 8/17/89 8/17/87 VENDOR TOTAL .} -) 8/17/87 8/17/8~ CONTINENTAL TEL~ VEI'tI~]R TOTAL CLIO0 8/17/89 8/17/89 COPY OUPLICATING PRODUCTS VENDOR TOTAL D1170 RAIL INC DllgO ) ~ ~YQE 8/17/89 8/17/8~ VENDOR TOTAL PURCHASE JOURNAL CITY OF ~MOUNT [ESCRIPTION 494.62 112.50 A/P Eh~ELDPES ~5.00 HI~ MAINT 907.00 EQUIP LEASE 1,524.50 dRNL-CO 1524.50 137.31 PAGER PJEPAIR 137.31 ~NL-CD 137.31 218.87 TELEPH~E 63.38 TELEPHOilE 322.99 TELEPHONE 2.63 T~ FPHO~ 1.25 TELEPHONE 4.33 TELEPHONE 81.79 TELEB~E b4.59 TELEPHONE 119.54 TELEPHONE 143.19 TELEPHt'~E 71,13 TEL~E 67.70 TELEPHO~-~ 1,1~.68 JRNL-CD 1193.68 21.00 JLLY COPIE~ MAINT 21.00 JRNL-CD 21.00 408.65 R~ LEASE TO 9/15 204.~ RR LEASE TO 9/15 613.00 J~I.-CD 613.00 8117189 8/17/8~ DAVIES WATER E~UIPMF]qT VE~$O~ TOTAL 3?6.56 01320 2,100.00 8/17/89 8/17/89 2, I00.00 VEN~ TOTAL 2100.00 8117189 8/17/89 396.56 NOZZLE ~6.56 JRNL-CO ADVANCE-IFC CDNF-~YCE JRbl-CO CO~,F[AIhER DE]'tURR.~ dRNL -CD 01-4095-2100 O1 01-4095-5000 1010 ~-4170-3820 1010 01-4140-~Q 01-43~0-3Y?~/0 01-4~0-.3~I>0 01-4190-32..~ 01-4040-3220~ 01-4090-3220 01-4095-3220 01-4280-3220 73-7300-.'¥~3 78-7800-3"~0 71-71~--3'!~_. 22-4170-3'"~'~ 22-4170-~ 1010 78-7800-3750 1010 40-6000-3910 01-4320-3910 1010 78-7800-2'Yj00 1010 22-4170-4110 1010 73-73(X)-~bO 1010 ~E-PAIB AMOU~ CHE~ ~ ) PA~E AP-C02-O1 El510 ~LS ~G ~ I~ ~R TOTAL FI~T ~T ~ TOTAL FJ711 F17~ F!72~ F1724 G17~9 ') ~~T~~TT T~TOT~ PURCHASE JOURNAL CITY OF MOUND ~.00 ~0.00 180.00 180.00 3,990.00 1~.~ 4,1!9.~'. 4119.38 251.3 4,278.05 4,278. O5 4275.05 189.00 211.00 211.00 40.66 1 1000,00 13.31 13.31 13.31 95.00 5.55 -5.55 5.55 125.00 DEEP,~RIPTION CONCRETE RINGS CONCRETE RINGS JR)L-CD INTEREST-IMP BDNt) 12-1-65 ~FE'ES ~ -IMP BDb~) 12-1-6.5 JR)t-CD JULY FRT JRNL-CD ARBITRATIDN ~-CD REPAIR WATER FDUNTAINS EF_PAIR WATER FDUNTAINS JR)(.-CD MDLASSES GATE FAUCET JRNL -CD DEllUCT I BLE-GUSTNER CLAIM JRhl.-CD ADd CLUTCH ~ JRNL-CI) DATA PRAC-EWALD JRNL-CD JULY PDSTAI VERIFICATIDNS JRNL-CD IACP CD~r-HARRE]_L ACCOUNT NUMI~E~ 75-7500-~00 01-4280-~00 1010 30-6000-6110 30-6000-61~ 1010 71-7100-%00 1010 01-4399-41¢~ 1010 01-434O-~00 01-4340-230(~· 1010 0I-4~-22~ 1010 78-7800-4200 1010 01-4280-3810 1010 01-4140-4110 1010 01-4060-3210 1010 01-41~0-4110 PRE-PAID ~OUt'~ DAT TIM ~ECK, P~ 5 INVDICE DLE I~.D ~. INt.q]i~ NMBR DATE DA~ STATG~ IAC~ I2400 81!7189 8!17~-'~ ~TOTAL ISLA~ PA~K, ~E].].Y J421 d & S CL~ING CD. J24~ J B DISllRIBUt'!~ ~20 JIM HATC~ ~)LES CD J2535 JO~N ~'l~Y FOSTER 8/17/89 8/17fEr~ VE),IIX)R, TOTAL 8/17/89 8/17/89 VIEI~X)R TOTAL 8/17/89 8/17/C~9 ~TOTAL 8117/89 8117/89 Vt-NI)OR ll}TAL 8/17/8~ 8/17Y~89 ~]~IE]RTOTAL 8/17/89 8/17/89 8/17/8~ 8/17/8~ JC)')(SS~ WOOD P).IEGER & BI* VE)iDOR TOTAL I_C~O 8/17/89 8/17,.~9 PURCHASE JOURNAL CITY DF MDL~4D I.c~. O0 I25.00 120.87 73.40 23.00 217.27 217,27 590.00 590.00 5?0,00 66.~ 66.90 527,38 527,38 527.38 436.50 436.50 43~.50 142.54 142.54 142.54 5,4.64.00 514.25 514.25 74.92 2~761.21 3,024.25 ~7.77 114.08 767.97 514.25 2,916.93 1,081.~ 2,1~.53 2,128.53 22, 4~.24 DESCRIPTID~J JR~.-CO TUNE UP C70 DL~ TRUCK INSTALL STARTER #3 dRNL-CD dULY JANITOR SERV ~NL-CD LENS,POWER ISLPPLY JRNL-CD PLMB INSPECTIONS JRNL-CD AIR FILTER JRM.-CD CBD LEASE ~nlqL-CI) 3RD INSTLMT-MULTI 3RD INSll_MT-MULTI 3~J) INSTLM'[-MULTI 3RD INSIUIT-MULTI 3R~ INSTLMT-MULTI 3RD INSTLMT-~ULTI 2RD INSTLIIT-~tR. TI 3Pi) INSTLMT-MULTI 3RD INSTLMT-MULTI 3RD INSTL~T-MULTI ~O INSTLMT-MULTI 3~D INSll. MT-MULTI 3RD INSll. MT-MULTI 3RD ,INSTLMT-MULTI PERIL INS PERIL INS PERIL INS PERIL INS PERIL INS PERIL INS PERIL INS PERIL INS PERIL INS PERIL INS PERIL INS PERIL INS PERIL INS PERIL INS ACCDL~qT .~!3ER 1010 78-78~-~10 73-7300-4200 01-4140-3810 1010 01-4o~20-4210 1010 Oi-4.-x:~-.,--?..,O I010 01-4780-2~10 1010 01-4190-3100 1010 01-4280-2310 I010 1010 01-4020-~10 01-404.0-3610 01-4090-~10 01-4110-3610 01-41 e,O-?,.610 01-4280-3610 01-4270-3610 01-4320-3610 01-4.q~0-2610 01-4170-~I0 22-4170-~I0 71-7100-~I0 73-7300-~10 78-7800-..2610 ' I010 F~%:E-PAID AMOL~ T~ PAC;E 6 AP-C02-O1 VENDOR l)t,,~I~ ~ Hr2~q ND. IN%~ICE NM~R DATE DATE STATC5 PURCHASE CITY OF MOUKD A~IOUNT DESCRIPTION JOURNAL PPJ/-PAID AMQUNT C-_GO: -) i) LEAO~JE OF ~ CITIES INS T* ~,~)DR TOTAL 8II7/~ 8/17/89 LONG LAKE FORD TRACTOR TOTAL 8/17/~ 8/17/~ LDWELL'S AUTDMOTIVE/ZITCD* '~)/DOR TOTAL MARGARET M3040 MAS¥S COR~ATIUN M3051 8,17/~ 8/17/~ VE]'830R TOTAL 8/17/89 8/17/8~ VEND~ TOTAL 8/17/8~ 8/17/~ MARTIN-MC~E.LI$1'ER M3080 VE)(DOR TOTAL 8/!7/8<) 8/17/89 VENDOR TOTAL 8/17/89 8/17/89 MCCOMBS FPJqlt( Ri]DS ASS~)CI* ~IENI)OR TOTAL M3171 8/17/89 8/17/89 METRD ~Sl' INSPECTI~ ~..R* ';ENDOR T(]TAL ~-4~.24 31.70 F~JB, FOR TR~T~ 31.70 JR)~.-CD 31.70 767.99 JULY AUTO PARTS 19.~ ,.~JLY AUTO PARTS 787.94 JRNL-CD 787,94 9.68 MILEAGE-UNITED WAY MTG 9.68 ~NL-~ 1.~.00 SEPT E]~ORS MAINT 135.00 JR~-CD 1~.00 100.00 CFUEI)IT REPORTS 100.~ ~NL-CD 100.00 ~5.00 E'VALUATION~ ~5.00 JR~.-CD 746.00 ,JULY ENOR-CO 110, WATER ~.00 dULY ENGR-SEI~ER 336.00 dULY ENOR-P&I 30.00 JULY ENG,-NORWOOD 1,126.00 JULY ENGR-CITY HALL ADDll~ 196.00 dULY ENGR-TAX FDRF1EIT 536.00 dULY ENGR-CBD q,6.00 JdLY ENGR-PW BtDG 519.00 dULY BIOR-8~ DREDGING 701.00 dULY ENOR-LDST ~ I~.00 dL~.Y ENGR-CATALYST ESCROW 212.00 J~LY ENOR-8~ SF. ALCDAT 6,~1.00 J~i~-CD 5-6-7 INSPECTIONS JR~-CD 01-4340-~10 1010 01-4~0-~I0 ~-;170-2200 1010 01-4190-4120 1010 01-4-0~-~800 1010 01-3111-0000 1010 01-4140-3100 1010 73-7300-3100 78-7B00-3100 01-4190-3100 01-4190-3100 01-4320-3100 01-4320-3100 60-6000-3100 81-4350-3100 01-4~"q~}-31 O0 60-6000-3100 01-23(X)-0905 27-5t)00-3100 1010 01-41~-3100 1010 ~) .) P~E 7 ~-C02-01 VENDOR Ih'vQ ICE DUE F)DLD ~. I)NDICE llIBR DA~ DATE STATUS MII)-CENTRAL, INC M3250 ~/i7/89, 8!17/89 '/ENI]~R TOTAL MI)~EDA~qCD N3.710 8!17/89, 8117/89 VENIIOR TOTAL 8117/89 8/17/89 VENI)[R TOTAL 8/17/8~ 8/17/B~ NORTH SHORE FEI) CREDIT L)(I VENDOR TOTAL N3770 8/17189 8/17/8~ NORTH STAR WATERWDRK, S ~ VENi'E)R TOTAL 8117/~ 8/17/89 NORTI-ERN STATES POWE~ CD VENgOR TOTAL N3802 8/17/87 8/17/89 NORll~ STATES POWER '~E~ TOTAL D3870 8/17/87 8/17/8~ PURCHASE JOURNAL CITY DF MDU~ A. ML1UNT [ESCRIPTIDN 156.00 HELMETS 156.00 JF~L-CI) 156.00 8.40 JULY GAS 3.00 JUL)' GAS 14.94 &LY GAS 17.57 JULY GAS 11.42 JULY GAS 7.19 dULY GAS 12.85 JULY GAS 75.37 JR~.-CD 75.37 30.12 PAINT 88.63 STATI~ SUPPLIES 118.76 ,.RNL-CD 118.76 435.00 )t'RJN~-AUCTI~ 45.00 JR,-CD 435.00 1,307.74 27 METERS 1,307.94 JRNL-CD 1307.94 444.68 J~,.Y ELECTRICITY 75.~ JULY ELECTRICITY 632.87 JJLY ELECTRICITY 481.96 &LY ELECTRICITY 273.34 JULY ELECTRICITY 3,766.98 JULY Eli-CTRICITY 1,041.34 JULY ELECTRICITY 6:716.40 JRM_-CD 6716.40 4,725.99 AUG ELECTRICITY 4,725.99 JRNL-CD 4725.90 85,00 TYPEWRITER MAINT TO 8/99 45.00 TYPEWRITER MINT TO 8/90 90.00 TYPEI~ITER MAINT TO 8/99 99.00 TYPEWRITER MAINT TO 8/99 45.00 TYPEWRITER MINT TO 8/90 I3.00 TYPEWRITER MAINT TO 8/90 499.00 JI~L-CD 22-4170-~--u~'~O 1010 01-4340-3720 01-4320-3720 01-4280-3720 73-7300-3720 78-7B00-3720 71-7100-372 22-4170-37~ 1010 73-7300-2200 ~-4170-~00 1010 01-3842-0000 1010 73-7300-L7300 I010 01-4~0-3710 01-4340-3710 01-4320-3710 71-7100-3710 22-4170-3710 73-7300-3710 78-7B00-3710 1010 01-4280-3710 1010 01-4280-2100 01-4340-2100 01-4140-2]00 01-4040-2100 01-4199-2100 01-4090-2100 I010 ~IE-PA~ ~TE TI~ PAGE 8 PURCHASE JOURNAl, ~-CO2-01 CITY OF blOUND VENFJO~ I)~VOI~ I)LE HO.D PF:E-PAID NO, I)~!~ ~I~ ~-~ ~ TOT~ 490.~ 43.~ ~ PEST ~ 01-4~-4~ 8/17/~ 8/17/~ ~IN E~!~TI~ P~31 I~.~ 9-10-11 ~-R ~N 01-41~-I510 1~.~ 9-10-11 ~-~TS 71-71~-1510 ~8.~ ~-CD 1010 8/17/89 8/17/89 ~YSICIANS OF ~ VEN]]OR TOTAL 258.00 P~O~O 8/17/89 8/17~9 M3~ER BRAKE EQUIP?lENT ~ VENI)OR TOTAL 1~.54 R4200 100.00 8/17/5'9 8/17/89 100.00 R L y~[xo.).~. & ASSt]ZIATES VE)tI]OR TOTAL 100.00 R4244 RIGS AND S{)JAI)S 94351 SCDTI' KIVISTO 9439O SNAP-ON TOOLS S4430 SDS PRINTI)~ S4-440 SPRI~ PARK C.'~ WASH 20.50 8/17/89 8/17/89 20.50 VE]VI)O{~ TOTAL 20.50 8117/89 8/17/89 VE)4I)OR TOTAL 8/17/89 8117./89 VENDOR TOTAL 8/17/89 811718'9 VqEIilW3R TOTAL 8/17/B9 8/17/89 VEHIX)RTDTAL 8/17/5'9 VE]'II)ORTOTAL 74.73 F'I_AJ:"J,TAILLIGHTS 01-4280-~10 31.81 BACKIJP ~ 78-7800-220<) 106.54 ,J~U~L-CD 1010 BOND-NORMA~t 01-4090-3.660 JR{i_-CD 1010 REM.ACE SIREN DRIVER - 01-4140-3820 J:UtL-CD. _ ~- i010, 18.25 CONF. EXP-KIVISTD 78-7800-4110 18.~ JRM.-CD 1010 18.25 2,300.~ SEPT ~ 71-7100-35~20 2,300.~ JRM.-CI) 1010 53.~ RATCHET ~,~ JRNL-CD 1010 156.~ IMM]IJNI) S{~EET9 01-4140-2120 123.~ 2 PT INSP NOTICES 01-4190-2I~ 2~)0.~ JRI'J.-Cl) 1010 143.50 dULY CAR ~S{'ES 01-414-0-~I0 14.00 dilLY ~ W~S 01-4280-3I)I0 157.50 JR~.-CD 1010 157.50 .3 '3 ,'3 ,3 PAGE 9 ~-C02-01 VENDOR INVOI~ ~ HOLD ~.I~OI~ ~ ~ ~TE STA~ S~10 SL~ TIRE CO S4630 8117189 SUPERA~ICA T4700 T & T MAINTENANCE T4716 TEMPDRARIES TO GO' T4730 8/17/~ 8/17/89 VENI)]R TOTAL 8/17/89 8/17!89 VENIM]R TDTAL 0/17/89 8/17189 VENDOR TOTAL ll.E LAKER T4780 8/17/89 8117189 VENDOR TOTAL 8/17/89 8/17/89 VENI)OR TOTAL 8/17/89 L~{ITDO RENTAL SYSTEM 8117189 VENIE]R TDTAL 8117/89 8/17189 PURCHASE JOURNAL CITY DF MOUNI) $1.S8 126.33 126.33 13.39 I01.43 ~18.72 64.28 71.3~ 1,237.73 1237.73 550.00 550.00 99.16 99.17 ~.17 2~7.50 297.50 10.94 47.39 35.00 10.94 104.27 104.27 6.19 6.19 6.19 45.31 121.00 77.22 15.44 9.47 3%47 1.~0 33~.31 77.59 86.53 164.12 DESCRIPTID~ TIRES REPLACE CDRE HOUSING J~-CO dULY GASOLINE u!lY GASOLINE dULY GASOLINE ul.tY GASDLINE JULY GASOLINE JJl. Y GASOLINE d~-CD RE~ PW GAS TA~$ JRNL-CI) RECYCLE I)ID AD LICENSE LABELS LEGAL AD dRNL-CD FILM I)EVE].DP JRNL-CD J.1Y TDQEI.$ ,.U.Y RUGS Jl~.Y ~IF13R~ J.1Y ~IFU(R~IS ,Jm.M.Y ~IFD6~IS J.M.Y ~IFOF~'~ JJLY PuqOS JR~(.-CI) 314 CPLG 4" SLEEVE-INV d6&l)82 ,.~q~.-CI) 01-4040-~10 01-4340-3~K20 1010 01-4190-2210 01-4090-2200 0!-4280-~10 01-4140-2210 73-7300-2210 22-4170-2210 1010 60-6000-.5300 1010 01-4270-1300 73-7300-1300 78-7B(X)-1300 1010 01-4270-3510 01-4020-3510 01-4020-~ 01-4190-3510 1010 22-4170-2200 1010 01-4290-2250 73-7300-2200 01-4280-2240 01-4290-2240 73-l~,,00-2240 78-7800-2240 22-4170-2200 1010 73-7300-2300 73-7300-2300 1010 PRE-PAID AMOUNT TIME PUBLIC HEARING NOTICE CITY OF MOUND MOUND, MINNESOTA CASE NO. 89-838 NOTICE OF a PUBLIC HEARING 'FO CONSIDER A CONDITIONAL USE PERMIT FOR AN INTERIM TRUCK ROUTING STATION IN THE l-I IN- DUSTRIAL ZONING DISTRICT LOCATED AT 550! LYNWOOD BOULEVARD, KOEHLER'S ADDITION TO MOUND, LOTS 35, 36 & 37, PID #13-117- 24-33 0039. NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, September 12, 1989 to consider ~he issuance of a conditional use permit For an Interim Truck Routing Station in the I-] InOustrial Zoning District located at 5501 Lynwood Boulevard, legally described as: koehler's Addition to Mound, Lots 35, 36 & 37, PID #13-I17- 24-33 0039. All persons appearing at said hearing with reference to the above will be heard at th s meeting. Francene C. Clark, City Clerk Pub ished in, "The Laker," September 4, 1989. PUBLIC NEARING NOTICE CiTY OF MOUND MOUND, MINNESOTA CA5E NO. 89-837 NOTICE OF A PUBLIC HEARING 'FO CONSIDER A CONDITIONAL USE PERMIT FOR A FROZEN YOGURT SHOP WITH A DRIVE-IN WINDOW 1N THE B-I CENTRAL BUSINESS DISTRICT LOCATED AT 228X COMMERCE BOULEVARD, NORTH OF THE RAIL ROAD TRACKS. NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on TuesOay, September ]2, 1989 to consider the issuance of a conditional use permit For a Frozen yogurt sho~ with a drive-in window tn the B-I Central Business District lo- cated at 228X Commerce Boulevard, north of 'the rail road tracks. All persons appearing at said hearing with reference to the above will be heard at this meeting. Francene C. Clark, City Clerk Published in "The Laker" on September 4, 1989. I CITY OF MOUND Mound, Minnesota NOTICE OF HEARING ON PROPOSED ASSESSMENTS: UNPAID TREE REMOVAL CHARGES; UNPAID CLEAN-UP CPL%RGES; UNPAID MOWING CHARGES; UNPAID REMOVAL OF HAZARDOUS BUILDING CHARGES; UNPAID WATER AND SEWER BILLS TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Hennepin County, Minnesota will meet in the Council Chambers at 5341 Maywood Road, at 7:30 P.M. on September 26, 1989, to hear, con- sider and pass on all written and oral objections, if any, to the proposed assessment on the following parcels of land for: UNPAID TREE REMOVAL CHARGES: AMOUNT TO BE SPREAD OVER 5 YEARS Property Identification #23-117-24 24 0013 $ 325.00 #24-117-24 43 0015 $ 650.00 UNPAID CLEAN-UP CHARGES: AMOUNT TO BE SPREAD OVER 1 YEAR Property Identification %24-117-24 41 0104 $ 722.00 %25-117-24 21 0134 $ 350.00 UNPAID MOWING CHARGES: AMOUNT TO BE SPREAD OVER 1 YEAR Property Identification #19-117-23 31 0006 $ 60.00 ~23-117-24 42 0093 $ 80.00 #24-117-24 13 0009 $ 200.00 UNPAID REMOVAL OF HAZARDOUS BUILDING CHARGES: AMOUNT TO BE SPREAD OVER 10 YEARS Property Identification #13-117-24 12 0013 $7,515.16 UNPAID CONSULTATION SERVICES BEFORE REMOVAL OF HAZARDOUS BUILDING: AMOUNT TO BE SPREAD OVER 1 YEAR Property Identification #13-117-24 44 0071 $ 371.25 UNPAID REMOVAL OF DECK ON COMMONS CHARGES:. AMOUNT TO BE SPREAD OVER 1 YEAR Property Identification #30-117-23 22 0082 $ 227.50 UNPAID WATER AND SEWER BILLS: Property Identification Amount 12-117-24 43 0064 13-117-24 12 0013 13-117-24 31 0052 13-117-24 32 0095 13-117-24 32 0164 13-117-24 42 0013 13-117-24 43 0049 13-117-24 43 0072 14-117-24 42 0015 18-117-23 23 0020 19-117-23 31 0006 19-117-23 31 0023 19-117-23 32 0126 19-117-23 34 0036 23-117-24 13 0056 23-117-24 23 0031 23-117-24 31 0051 23-117-24 31 0069 23-117-24 42 0002 23-117-24 42 0006 23-117-24 42 0037 24-117-24 11 0012 24-117-24 41 0102 24-117-24 43 0017 25-117-24 11 0137 25-117-24 12 0113 25-117-24 21 0065 25-117-24 21 0089/0090 69.83 244.90 145.14 358.41 376.95 185.74 5,834.07 347.27 149.78 103.54 135.87 369.97 298.24 191.13 219.88 299.41 55.51 421.49 323.19 307.09 261.35 133.12 184.48 123.45 210.13 143.24 151.82 111.00 Pursuant to Minnesota Statutes Section 429.011 to 429.110, all property lying within the above described limits and benefiting there- from is proposed to be assessed. The proposed assessment is on file for public inspection at the City Clerk's office. Written or oral ob- jections will be considered at the hearing, but the Council may con- sider any objections to the amount of the proposed individual assess- ments at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Min- nesota Statutes Section 429.081 by serving notice of the appeal upon the Mayor or City Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or city Clerk. No such appeal as to the amount of an assessment as to a specific par- cel of land may be made unless the owner has either filed a signed written objection to that assessment with the City Clerk prior to the hearing or has presented the written objection to the presiding of- ficer at the hearing. The City Council has adopted, pursuant to the authority granted by Minnesota Statutes 435.193 to 435.195, a resolution (#89-77) contain- ing standards and guidelines for deferring the assessments for senior citizens for whom it would be a hardship to make the payments on homestead property. The standards and guidelines are on file with the City Clerk for your inspection. Francene C. Clark, CMC, City Clerk Publish in The Laker September 11, 1989 CITY OF MOUND Mound, Minneso%a NOTICE OF HEA/~ING ON PROPOSED ASSESSI~q~-NT: CBD PARKING MAINTENANCE - 1989 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN, that the city Council of the City of Mound, Hennepin County, Minnesota will meet in the Council Cham- bers at 5341'Maywood Road, at 7:30 P.M. on September 26, 1989, to hear, consider and pass on all written and oral objections, if any, to the proposed assessment. The general nature of the im- provements to be assessed are as follows: CENTRAL BUSINESS DISTRICT PARKING MAINTENANCE - 1989 - Area within the following boundaries proposed to be assessed: Belmont Lane on the East North of Lynwood Boulevard to Tonkawood Road 700 feet West of Commerce Boulevard 700 feet South of Shoreline Boulevard Total Cost to be Assessed $27,358.00 Pursuant to Minnesota Statutes Section 429.011 to 429.110, all property lying within the above described limits and benefiting 'therefrom is proposed to be assessed. The proposed assessment is on file for public inspection at the City Clerk's office. Writ- ten or oral objections will be considered at the hearing, but the Council may consider any objections to the amount of the proposed individual assessments at an adjourned meeting upon such further notice to the affected property owners as it deems advisable. An owner may appeal an assessment to District Court pursuant to Minnesota Statutes Section 429.081 by serving notice of the ap- peal upon the Mayor or City Clerk of the City within 30 days after the adoption of the assessment and filing such notice with the District Court within ten days after service upon the Mayor or City Clerk. No such appeal as to the amount of an assessment as to a specific parcel of land may be made unless the owner has either filed a signed written objection to that assessment with the City Clerk prior to the hearing or has presented the written objection to the presiding officer at the hearing. The City Council has adopted, pursuant to the authority granted by Minnesota Statutes 435.193 to 435.195, a resolution (#89-77) containing standards and guidelines for deferring the assessments for senior citizens for whom it would be a hardship to make the payments on homestead property. The standards and guidelines are on file with the City Clerk for your inspection. Francene C. Clark, CMC, City Clerk Publish in The Laker September 11, 1989 'D D ,D P~E 10 A~-C02-O1 WATE)~ P~-I~-'TS COMPA~4Y ~qE)'4[O~ TDT~ 8/17/89 8/17/89 ~TER SPEDIPLIST$, INC VENDOR TOTAL FOODS W56~ WILI. I~ M ~ XEROX OO(U~I]~ATI~ 8/17/89 8/17189 VIE)41X]R TDTAJ. 8117189 8117/89 VENIN3R TDI'AL 8/I7/8'9 8/17/~ 'vlENIXXRTOT~ 8/17/89 8/17/89 VEI'~ORTOT~ 8/17~ 8/17~ VE)~ORTOT~ ~ ~VENI)[I~ PURCHASE JOURNAL CITY DF MDUNI) 164.12 36.14 36.14 ~6,14 36.13 144.55 14A.55 21.04 ~..13 11.~8 55.15 55,15 1,I05.00 B45.00 14.76 14.76 14.76 764.49 326.97 1,0~1.46 1091.46 594.49 594.49 594.49 [ESCRIPTIDN SOFFNER ~T SDF]lqER S~T (~OFTNER SALT SL'IFI'NEt~ ~LT JFUI.-CI) JlLY SUPPLIES ,J_~.Y SUPPi. IES JLq. Y SLePt. lES ,.~R~I.-CI) ~-7/24 HY~T-3 PTS ,.qRNL-CI} ~ EXP JRNL-CD 49.1 T 9ANI) 21 T SAND JRNL-CD JLLY MAINT-5600 dRM.-CI) 79,7'31.34 78-7800-2200 73'73(X)-22(X) 01-42B0-2200 01-42~ 1010 ~2-417~2200 01-4020-~00 73-7300-2200 - 1010 78-7B0(03~)00 78-7800-3800 1010 01-4140-4110 I010 01-42~0-2340 73-7300-2340 1010 01-4320-3800 1010 PI~E'PAII) AJiOLQ, ff DECK .D GENERAL FUND Taxes Intergovernmental Business Licenses Non-Business Licenses and Permits Charges for Services Court Fines Charges to Other Departments Other Revenue e ~ - TOTAL REVENUE LIQUOR FUND WATER FUND SEWER FUND DOCKS FUND CEMETERY FUND BUDGET CITY OF MOUND 1989 BUDGET REVENUE REPORT JULY 1989 JULY YTD REVENUE 58.3% PER CENT REVENUE VARIANCE RECEIVED 984315 342889 412402 571913 41.90% 965800 424796 457163 508637 47.34% 9410 2531 9490 -80 100.85% 86700 8257 41787 44913 48.20% 38800 1078 7462 31338 19.23% 100000 0 27546 72454 27.55% 16500 1814 12111 4389 73.40% 51850 -817 3134 48716 6.04% 2253375 780548 971095 1282280 43.10% 880000 91964 490056 389944 55.69% 330000 27797 174058 155942 52.74% 580000 47961 331730 248270 57.19% 65300 872 61311 3989 93.89% 3050 200 1000 2050 32.79% CITY OF MOUND 1989 BUDGET REPORT EXPENDITURES JULY 1989 58.3% BUDGET JULY YTD PER CENT EXPENSE EXPENSE VARIANCE EXPENDED GENERAL FUND Council 46030 8483 47147 -1117 102.43% Cable TV 9980 0 8461 1519 84.78% City Manager/Clerk 143210 10932 81458 61752 56.88% Elections 650 45 249 401 38.31% Assessing 43930 23 529 43401 1.20% Finance 152760 10872 87585 65175 57.34% Computer 20000 2178 14673 5327 73.37% Legal 97100 7410 35459 61641 36.52% Police 677770 52898 400190 277580 59.05% Civil Defense 1880 0 0 1880 0.00% ~Pl~ni~g/Inspections 128400 9693 64863 63537 50.52% Recycling 67400 2365 54241 13159 80.48% Streets 391140 27511 293343 97797 75.00% Shop & Stores 57760 4373 39087 18673 67.67% City Property 81860 4652 64114 17746 78.32% Parks 149320 13847 90504 58816 60.61% Summer Recreation 11090 2861 2861 8229 25.80% Contingencies 30000 935 2970 27030 9.90% Transfers 126150 9858 69110 57040 54.78% GENERAL FUND TOTAL 2236430 168936 1356844 879586- 60.67% Area Fire Service Fund Liquor Fund Water Fund Sewer Fund -Docks Fund emetery Fund 209230 20919 109718 99512 52.44% 158810 12244 93454 65356 58.85% 322550 25293 223187 99363 69.19% 634160 49344 355908 278252 56.12% 72240 1471 58441 13799 80.90% 3950 0 1168 2782 29.57% MINUTES OF A MEETI. NG OF THE MOUND ADVISORY PARK COMMISSION AUGUST 10, 1989 Present were: Chair Marilyn Byrnes, Co~fssioners Cathy Batly, Tom Casey, Nail Weber, Nancy Clough, Steve Burke, Shirley Ander- sen, and Brian Asleson; City Council Representative Phyllis Jessen; Park Director Jim Fackler; City Manager, Ed Shukle, and Secretary Peggy James. The following persons were also in attendance: Andrea Ahrens, Claudia Mi i let, Bob Craig, Dick Meredith, Jim Glasoe, Grant Bergstrom, Kerry Babler, Michael Gardner, and Bill Kullberg. Chair Byrnes called the meeting to order at 7:31 p.m. Minutes The minutes of the Park Commission meeting of July i3, i989 were presented for changes and/or additions. Casey noted one addition to the minutes on page four, third paragraph, within the motion. The motion should read as follows: " . . . that the Park Commission should research and address the issue of herbicides being used on City Property, and this issue should be discussed at the September meeting. Motion carried un- ani.mously." MOTION made by Clough, seconded by Casey to approve the Park COnWnission Minutes of July t3, 1989 as amended. Motion carried unanimously. Maintenance Permit: 460! Island View Drive? Roger Stephanson? DEVON COMMONS? Block l? Lot 7~ Devon. Request to trim sumach. The applicant was not present. The Park Director explained that persons in this area of Devon commons have been allowed to trim sumach in the past, upon the condition it is not trimmed to less that 3 feet high. He further explained the reason for the request is to improve their view of the lake. Bailey added that this area is not considered a nature area. Casey stated that he does not believe, according to the Shoreland Management Plan, that you are allowed to expose your house visibly to the lakeshore, and does not feel that lakeshore view is an adequate reason to grant the trimming request. Motion made by Weber, seconded by Jessen to recmnd approval oF the request to trim sumach, however, the sumach must not be trimmed less that 3 Feet in height, and must be trimmed under the supervision oF the Park Director. Motion carried 8 in Favor, t opposed (those In Favor: Andersen, Clough, Weber, Asleson, Byrnes, Burke, Jessen, and Bailey; those opposed: C~sey). This case will be heard by the City Council on August 22, 1989. Pack Commission Minutes August ]0, ]989 Page Two Maintenance Permit: 3017 Brighton Blvd., Robert Craig, BRIGHTON COMMONSt Block ]St Lots 5 & 32? Arden. Request to install a light on Briahton Commons. Applicant, Robert Craig, explained why a light is needed on this commons, such as vandalism. He Further explained that the light would be operated by a switch inside his home, with an under- ground wire carrying the power to the light. It was 'determined .that there are approxi~tely 15 docks along that portion of the commons. The Park Commission recalled a previous request from Ned Dow to install a pump and a light. This request was denied because other alternatives For lighting existed, and the Commission agreed that a pump should not be installed on the commons. The Commission questioned the applicant if a street light at the end of Manchester would help, the applicant agreed that this would help. Craig added that the street light wou)d help deter thieves and vandals. The Commission explained that a petition From the abutting and non-abutting dock holders would be required in order For a light to be installed on Manchester. They added '~ :'~h~t"%he Park Director can help get names of the dock holders For · him to contact them. The applicant agreed to do this. The applicant proceeded to request For an underground electrical wire to be installed leading down to his dock. The Commission members again referred to Ned Dow's request which was denied. Bailey added that Brighton Commons is a "virgin commons" and does not have an>~thing of that sort there now. Winter Motorized Vehicle Lake Accesses: Police Enforcement, Automobile Accessest Vehicle Access. Snowmobile/ATV Accesses, Pembroke Winter A letter From Jane Chiesl, a neighbor to Pembroke Park, was dis- tributed to the Commission. The Commission read the letter and reviewed the content. Police Chief, Lenny Harrell, explained the problems involved in enforcing motor vehicles driving in City Parks. He stated: "How can we control accesses when we allow snowmobiles to drive on the streets?" He added that Fencing the accesses closed would be the only way to alleviate use of an access. Bill Kullberg of 5245 Edsall Road in Minnetrista, stated that cars cause more problems and dangers than snowmobiles. Park Commission Minutes August 10, ]989 Page Three Claudia Miller of 4501 Island View Drive lives next to the park stated that she does not have any children, however, there are a lot of children that play in Pembroke Park which is dangerous be- cause of the access. She stated that cars park on the park In the winter, as .well as in the parking )or, and whi]e they are parked there they party, creating lots of noise and debris. Harrel] stated that most of the complaints received regarding Pembroke are related to the ATV's, however problems with ATV's exist in all the parks. Weber stated that among the nine vehicle access used by automobiles in Mound, Four of them are considered parks, however only Pembroke is an "improved" park with a new playground struc- ture and a beach which creates a dangerous situation. He em- phasized that Pembroke is unique because it is the on]y improved park with an access. Bailey noted that there are two other access points For snow- mobi)ers just north of the Pembroke access, they are at East Port Road and Avalon Park. It was noted that the closing of the .Pembroke access would e)imtnate automobile access on that side of the island, however there are sti)) three other snowmobile ac- cesses. Ways to close the access were discussed. A physical barrier is the only logical solution, however the City needs to maintain access to their lift station. Asleson suggested, if it the con- sensus of the Commission to close the access, vacating that por- tion of Aberdeen should be considered. MOTION made by Weber, seconded by Casey, to recommend closing the Pembroke Park motor vehicle access, and direct staff to proceed wlth vacating that portion of Aberdeen Road. Motion carried unanimously. This will be heard by the City Council on August 22, 1989. It.was suggested by Dick Meredith that adequate posting of the closed access be displayed to alleviate any accidents From people who will return to that access. The subject of snowmobile accesses was Further discussed by the Commission. How can we make the people aware that snowmobiles are not allowed on Parks and Commons? it was suggested rules be printed in the City newsletter. The commission discussed the 4l lake access points in Mound used by snowmobiles. Questions were raised, such as, "Which ones should be closed?" and, "Which ones should be signed as desig- nated as access points?" Park Commission Minutes August tO, 1989 Page Four MOTION made by Jessen, seconded by Weber, to form a sub- committee to study and analyze these accesses throughout the winter in order to help determine w~ich ones are being used appropriately or inappropriately. Motion carried unanimously. It was noted that some of these accesses allow vehicles to cross .City Parks or Commons, should this be allowed? The Commission agreed to have a winter tour of these accesses after the first heavy snow, sometime in January. ]990 Prooosed Budget Jim Glasoe of Community Services presented the ]990 Beach & Park Program Budgets. He handed out attendance figures for the Park Program and a partial activities list. Glasoe stated that there is room for improvement within the park program, and now that there are figures to compare with next year, it will be easier to determine the status of the program. ""R~'i~i'ng to lifeguards/beaches, Glasoe stated that Chester and Wychwood Beaches had very low attendance during the summer, and blamed it on the low water. Glasoe added that Community Services is working with Tom Sabln and the Mound Youth Club to try and organize a development program. He suggested to the Commission that a Park Program for this age group may be something to consider. MOTION made by Byrnes, seconded by 8alley to approve the Beach and Park Program Budgets. Motion carried unanim- ously. Byrnes and Bailey offered to Glasoe their services this winter to create a "teachers" book for each'park supervisor. Glasoe ac- cepted their offer. The I990 Proposed Park & Cemetery Budgets were reviewed by the Park Director, Jim Fackler. Fackler explained that these budget are tentative since the City Manager has not reviewed them yet, and due to the state legislature, there may be another cut. Fackler reviewed the Park Budget and explained 'the increases. Most of the increases occurred due to obtaining the respon- sibilities of the old publiC works building. Webe~ requested that the City include in the Park Budget a Com- mission membership to the Minnesota Recreation & Park Association (MRPA). He explained that it would only be an additional $142 Park Commission Minutes August 10, !989 Page F t ve For the membership (code 4130). It was noted that Fackler is a member and can inform the Commission oF happenings, or distribute copies oF newsletters to the Commission. The City Manager op- posed this request, and Further explained that having the member- ship could potentially entice requests to attend additional semi- nars which the City does not have Funds For. The Commission agreed that having the membership would be an advantage to them as it would make them aware oF happenings in other communities, therefore, being better educated. MOTION made by Weber, seconded by Asleson to approve the Park Depar~nt Budget upon the condition that tfa lO percent or more cut occurs a special meeting is to be held to allow the Park Commission to review the revised budget prior to City Counctl approval; and adding $142 to cc~e 4130 for a MRPA ~tssion Me~ershfp. Motion carried 8 - I (those in favor: Andersen, Clough, Weber, Asleson, Byrnes, Casey, Jessen, and Bailey; those opposed: Burke). The Park Director reviewed the Cemetery Budget. MOTION made by Jessen, seconded by Anderson, to ~roYe the Cemetery. Budget. Motion carried unanimously. The Park Director reviewed the Commons Docks Budget and Proposed 1990 Income. MOTION made by Bailey, seconded by Casey, to a;~prove the Commons Docks Budget. Motion carried unanimously. Mound Depot Jessen reported that the stairs at the depot leading ,up to the deck are in bad need oF repair. It was noted that these repairs would come From the general Fund. Fackler informed the Commis- sion that he received a bid of $!5,000 to replace the deck and stairs. Jessen also suggested the rental rates For the depot be in- creased. It was determined that the current rates would be re- searched For Future discussion. Council Representative Jessen had no comment§. Park Commission Minutes August lO, 1989 Pa!De Six City Manager The City Manager reported that curb side recycling will resume on Labor Day. The pick-ups will be every 1st and 3rd week of the month on Mondays and Tuesdays. The new recycling company is BFI. The City Manager also explained about the proposed Cit~ Hall ex- pansion and the open houses which will be held for the public to tour the building. He indicated that there will be public hear- ings at the City Council meetings on August 22nd and September. 12th. Park Director's Report No comments. Chester Park Weber informed the Commission that the Chester Park Study Group will be meeting again soon, he added that they are pleased with ~he..P~rk and beach to-date. Wetlands Weber distributed copies of a resolution which he drafted to the Commission. The purpose of the resolution is to designate all public wetlands as Mound park land. Bailey commented that she was under the impression that the wetlands currently fell under the Park Department/Commission's jurisdiction. MOTION made by Weber, seconded by Bailey, to recommend approval o6 the proposed resolution to designate all public wetlands as Mound p~rk land. Motion carried un- animously. Shoreland Manaqement Plan Clough referred to page 13 of the Water Quality Plan and requested some clarification. It was determined that Tom Reese would be asked to explain the Implementation effect upon Mound's commons. Weber added that he would like Reese to inform the Com- mission of any disagreements between Mound and the LMCD. MOTION made by Clough, seconded by Casey, to adjourn the meeting at 11:36 p.m. Motion carried unanimously. ' MINUTES OF A MEETING OF THE 'MOUND ADVISORY PLANNING COMMISSION August 14, 1989 Present were: Chair Bill Meyer, Commissioners Geoff Michael, Ken Smith, Frank Wefland, Brad Sohns, William Thai, Vern Andersen, and Jerry Clapsaddle, City Manager Ed Shukle, Building Official Jan Bertrand, and Secretary Peggy James. Absent and excused was: Council Representative Liz Jensen The following persons were also in attendance: Skip Johnson, Bryan Clem, William Dunkley, Mike Cusack, Jeff Schoenwetter, Brian Johnson, Matt Ruppert, Orv Fenstad, Mark Linder, Frida O1- son, John Minahan, Ron & Murial Johnson, Cliff & Carolyn Schmidt, Lillian Lyckholm, C. Steven Wilson, J.D. MacDonald, Sue Hogle, Hank Roelfs, Craig Henderson, Jodi Gable, and Mayor Steve Smith. Chair Bill Meyer called the meeting to order at 7:30 p.m. MINUTES: MOTION made by Weiland, seconded by Clapsaddle, to ap- prove the Planning Commission Minutes of July 24, 1989 'as submitted. MotiOn carried unanimously. BOARD ~ APPEALS: Case No. Bg-B32: Ferner (Skip} Johnson~ Request to move house frc~ 3018 Island View DriveT to ~4~0 Hanchester Road? Lots 7 & Bt Block ]7~ Avalon~ PID #]9-117-23-~! 0074. HOUSE MOVING (PLIBLIC HEARING). The Building Official, Jan Bertrand explained that this' case was referred back to the Planning Commission from the City Council so a public hearing'could be initiated to notify the affected neigh- bors. "Bertrand reviewed the requirements that need to be met by the applicant in order to move the house. The house must conform to all current building, plumbing, and mechanical codes, with the exception of the energy code. Skip Johnson, applicant, spoke on his behalf. He explained some of the improvements which have been done to the home within the last two years, they are: new windows, interior paint, new Flooring in kitchen, dining room and bathroom, new bathroom fix- tures, and new kitchen counter top. He also included some items which will be improved/added when the house is moved: new Foun- dation with an extra course for a higher ceiling in the basement, two extra bathrooms will be roughed-in, aluminum casing covers at the exterior doors, re-roof, and a deck will be added. Planning Commission Minutes AuDust 14. Igag Page Two 5kip stated that he bel ieves the assessed valuation wi 1] increase From the current assessed value of the structure which is $34,600 plus $20,000 for the new basement and improvements, plus proximately $22,000 for the lot, therefore, the dwel ling and land should have an approximate value of $77,000. The applicant proceeded to hand out pictures of all the houses in the vicinity, pictures of the house to be moveO, and pictures of .the vacant lot where the house is to be movea. Chair Meyer opened the public hearing. Bryan Clem, 4436 Manchester who is an adjoining lanO owner to the subject site, expressed his feelings that if the proposed house is moved onto the subject lot it will reOuce the valuation of the abutting properties. He referred to City Code Section 300:25 and stated that if this request was approved, it would not be in com- pliance with the ordinances. He stressed that the City needs to Follow the intent of the orQinance. He also referred to the Com- prehensive Plan anO feels this would be violateQ. Mr. Clem expressed his disapproval of the notification process · used'by the City to notify abutting neighbors of cases affecting their property. In addition, he referred to Case #87-66[ which was Oenied since the neighborhood was developed in the 70's and the request was to move a I940's house into that neighborhood. Mr. Clem then proceeded to show and overhead of a map of the neighborhood showing the assessed values of abutting properties/structures. Mr. Clem's property is appraised at $17,000 and his structure at $81,000. Mr. Clem also showed a video tape of the neighborhood and commented on the types and style of the houses stressing that, in his opinion, the proposed house does not fit into the style of the neighborhood. Brian Johnson, 4444 Manchester stated that he Feels a home con- structed in 1918 should not be allowed to be moved into a neigh- borhood where the homes are less' than ten years old. Cliff Schmidt, 3000 Island View Drive feels that the house does not conform to the immediate construction style in the area. There was.discussion relating to the height of the house, some of the citizens present thought the house would be too high For the lot, they believed the house to be 3 stories high. In actuality the dwelling is 2 stories with a pitched roof and meets all the requirements in the Zoning Code. Craig Henderson, 4435 Dorchester is in Favor of the moving, stat- ing that the houses in that neighborhood are all different in style and they all have different siding. He added that there are not requirements For new construction, that a new house of the same style would be allowed to be constructed on that lot. Planning Commission Minutes August 14, 19B9 Page Three Orval Fenstaa, 4366 Wilshire Blvd. opposed to the request, stat- ing that a house built in 1918 does not conform to the buildings there now. Ron Johnson of 4416 Dorchester Road and Carolyn Sfhmtdt of 3001 Island View Drive are also opposed to the moving. Jodi Gable of 443! Dorchester Road owns the house abutting the subject site to the rear. She stated that she is in favor of the moving. Chair Meyer closed the public hearing. Smith stated that he would be opposed to the house moving because he believes that Mound is trying to upgrade its housing stock, and moving and improving older homes just doesn't cut it,. Thai reminded the Commission that the house will be moving within the same neighborhood. He added that there are older homes with lower valuations that were not includeO on Mr. Clem's wp. Clapsaddle commented that someone could build the same house there today, and he feels the house is contrary to the area. He doesn't see that moving.the house there would be a detriment to :the'neighborhood. MOTION made by Michael, seconded by Weiiand, to approve the moving of the house to 4430 Manchester Road with the Building Inspector's reco~menclation. Motion carried 7 to ! (those in favor: Andersen, Sohns, Weiland, Thal, Meyer, and Michael; those opposed: Smith). This case will be referred to the City Council on August 22, 1989. Case No. 892833: John Minahant 4313 Wilshire Blvd. t Part of Lot At The 1st Rearr.. of Phelps Island Park First Division? PID #]9-]]7-23-]3 00]]. VARIANCE FOR EXISTING NONCONFC)RMING DWELLING. The Building Official, Jan Bertrand, reviewed the applicant's request to remove an existing detached garage and add a new at- tached garage with conforming setbacks. The house has an exist- ing nonconforming lakeshore setback of 21.2 feet to the principal building and the deck is approximately 10 feet from the Ordinary High Water e)evation. Staff recommended approval o6 the variance considering the shallowness of the lot. Planning Commission Minutes August 14, 1989 Page Four Bertrand added that during her inspection of the premises, it came to her attention that a new 71 to 76 inch high privacy fence was being constructed at the street siOe of the promerty, without a permit. The requireO Fence height in this area is 48". Bertrand suggested a variance be considered to allow the 7] to 76 inch high Fence since the neighboring Fences along Wilshire on four various lots also have ?2" high privacy Fences at'the street .slOe. Weiland requested the Building Official investigate if the other Fences were erected with a permit or received variances. It was agreed ~hat a Fence variance would not be considered at this time, however if the applicant wished to return to the Planning Commission for a variance request that the application fee would be waived. MOTION made by Sohns, seconded by Weiland to approve staff recommendation for approval of the lakeside set- back variance, and if the applicant wishes to return For a fence height variance that the application fee be waived. Motion carried unanimouslya This case will be heard by the City Council on August 22, 1989. Case No. 89-834: Mark Linder, 4770 Northern Road, Part of Lot 29~ Subdivision of Lots 1 & 32 ravenswood~ PlD #18-I17- 23-33 0029. VARIANCE TO LAKESHORE AND FRONT PROPERT~ LINF SETBACKS. The Building OFficial explained the applicant's request to remove an existing Owelling and construct a new home and attached garage with a 6 Foot side yard setback to the west, a 20 Foot setback to the Ordinary High Water elevation, and a 15 foot setback from Northern Road. The lot area was measured twice, once by the sur- veyor who Oetermined the lot to have 5,956 square Feet, and once by the Building Official who determined the lot to have 5,989 square Feet, therefore, a lot size variance is also being requested. Staff recommended approval of the setback varfances and lot size variance contingent upon the removal of an existing 5 Foot high chain ]fnk fence on the property, and that a new survey be sub- mitred with the building permit application. MOTION made by Sohns, seconded by Thal to approve staff recommendation. Motion carried unanimously. This case will be heard by the City Council on August 22, I989. Planning Commission Minutes August 14, 1989 Page Five Case No. 89-835: Desperado's Inc., William Dunkley~ 445! Wilshire Blvd. t Lots 3 - 15~ Block B, Avalon~ PID #19-117- 23-3! 002]. CONDITIONAL USE PERMIT (PUBLIC HEARING)~. City Planner, Mark Koegler, reviewed the request to open a liquor service restaurant (Class Ill) to be named Desperado's at 445] Wilshire Blvd. The proposed restaurant will have a full service menu and liquor service available. The service capacity of the restaurant is approximately ]41. The owners of Desperado's are requesting a variance to the 300 foot distance requirement to re-establish docks to serve the res- taurant. They have a tentative agreement with Lake Winds to lease dock space. The docks will De located approximately 600 feet from the restaurant requiring a 300 foot variance. Koegler recommended approval of the dock variance if the Commission determines that the aocks can be used without negatively impact- ing adjacent residential areas, or if they will not be a nuisance to the surrounding residential areas. The applicant's are also requesting a parking stall size variance. The required ~izes are 10' x 20' and ]2' x 20' for handicap stalls, however the site plan indicates 9' x 18' and x ]9' for hanaicap stalls. According to the zoning code 47 park- ing spaces are required based on the seating capacity, however the site plan indicated 77 parking spaces which exceeds the requirements. The City Planner suggested the City require a wooden bumper height barrier along the north side of the restaurant property to define parking and driveway areas between the Skelly station and Desperado's parking area. Koegler. added that a 20 foot front yard setback variance will also be required. Since the variance recognizes an existing situation, approval was recommended. Staff recommended approval of the conditional use permit for es- tablishment of Desperado's as a Class iii restaurant, approval of a variance recognizing the existing nonconforming front yard set- back along' Wilshire Blvd. and approval of the parking space size variance subject to the following conditions: The applicant shall prepare a landscaping plan for the site in conformance with all of the screening requirements in the Mound Zoning Code. Such plan will be sut~nitted to the City Planner for review and approval within 30 days of the.date of the Planning Commission meeting. Planning Commission Minutes August ]4, 1989 Page Six The applicant shall prepare a grading and erosion control plan containing contours and spot elevations appropriate to indicate existing and Final grades. Such plan will be sub- mitred to the City Engineer For review and approval within 30 days of the date of the Planning Commission meeting. The applicant shall prepare a plan For a bumper height wooden barrier to be erected along the north property line to separate the restaurant use from the adjacent gas station site. The plan shall be submitted to the Building OFficial for review and approval within 30 days of the date of the Planning Commission meeting. IF the Planning Commission Finds that the commercial dock variance is appropriate, the docks shall com~ly with Section 23.413 of the Mound Zoning Code. A boundary line survey will be required and must be sub- mitted to the Building OFficial prior to building permit is- suance. 6. The proper variance application forms and Fees must be sub- .:._ ..mitred. Applicant, Bill Dunkley, spoke on behalf of Desperado's. He stated that the proposed restaurant will De up-scale and unique. He also explained the only reason they do not have Full ownership of the property at this time is due to a discrepancy with the legal description due to the pump house property owned by the City. Mr. Dunkley stated that in regards to the parking stall size variance, he would agree to make the stalls the required sizes. The variance is not needed. He explained the agreement with Lake Winds to lease the docks. They have a two year agreement with Lake Winds which they have the option to cancel at any time. Desperado's has to supply the docks and the docks must have a supervisor on site during busi- ness hours· The dock will have ]6 slips, at the most. The Commission discussed the possibility of having a one year review of the dock situation. Chair Meyer opened the public hearing. Mr. Steve Wilson, an attorney representing Ralph & Roiph Turnquist, informed the Commission that a purchase agreement has been signed for the "Pelican Point" property. The proposal to develop this property will include 25 residential lots and should be Fully developed within 2 - 3 years. He highly objected to the approval of the dock variance. Planning Commission Minutes August 14, 1989 Page Seven Craig Henderson, owner of the Skel ly station abutting the proposed Desperado's stated that he is opposed to a business opening next door to him. He complained about debris and van- dalism to cars parked at the station For service. He agreed that a bumper barrier and a Fence would help alleviate some of the problems From the past. Mrs. Olson who lives across the street is not looking Forward to loud noise ti1 ail hours of the night and the debris. Chair Meyer closed the public hearing. The site plan was reviewed. The entrance/exit was discusseO and it was determined that the parking lot entrance should be better defined, either by curbing or some other way. This should be added to condition item 2. of the staff recommendation. The Commission also determined that the barrier between Skeily and Desperado's should provide a vehicle and visual barrier. Items 1. and 3. of the staff recommendation should be combined to ~ke the barrier a requirement on the landscaping plan. The dock variance request was discussed by the Commission. Weiland stated that the required distance has doubled, therefore a variance should not be approved For the docks. Mr. Dunk]ay stressed how important the docks will be For business, and he Further explained that Desperado's will be professionally run and managed, therefore, does not expect disturbances to occur to the abutting residential areas. The Commission discussed the possibility of conditions being placed upon the usage of the docks. Motion made by Thai, seconded by Andersen, to approve the conditiona! use permit, approve the Front yard set- back variance, and approve the dock distance variance including the revised conditions with item 3. being cc~w- bined with item 1., and item 2. being.amended. Motion carried 5 - Z with one abstaining (those in favor: An- dersen, Sohns, Thai, Meyer, Clapsaddle; those opposed: Weiland and Michael; those abstained: Smith). Weiland and Michael clarified their reason For opposing; they are not in Favor of the dock variance because of the d'istance, a com- mercial dock does not belong in a residential area, an abutting property owner is not in Favor of having the docks, and approval of the dock variance could be interpreted as Financial. This case will be-heard at the City Council meeting of August 1989. Planning Comm{ssion Minutes August ]4, ]989 Page Eight DISCUSSION/INFORMATIONAL: The Commission approved the hearing oF three board oF appeal items at the Planning Commission Workshop Meeting on August 28, ~989. Thal stated a complaint about the real estate signs posted at the .street corners, is there not something that can be aorta? Sohns announced that he wished to be removed From the Housing Maintenance Subcommittee which was Formed to write an executive summary. Sohns stated his reason being that he believes the City has to clean their own house and property before the Planning Commission can ask the citizens to do the same. The City has to set an example, and they are not doing that in his opinion. MOT]ON made by Sohns, seconded by Andersen, to adjourn the meeting at ll:lO p.m. Motion carried unanimously. Chair, Bill Meyer Attest: 1989 HENNEPIN DEPARTMENT OF PROPERTY TAX AND PUBLIC RECORDS A607 Government Center Minneapolis, Minnesota 55487-0067 Crossroads To Service August 16, 1989 Mayor Steve Smith City of Mound 5341 MaywoodRoad Mound, MN 55364 Dear Mayor Smith: As you are aware, cities with populations over 2,500 have to hold advertised public budget hearings before their budgets are certified by November 9, 1989. The Department of Revenue has designated the auditor of each county to coordinate the budget hearing dates of the various taxing districts in the county to avoid any conflict. Hennepin County will conduct its public budget hearings on November 2, 1989 at 5:30 p.m. and on November 6, 1989 at 5:30 p.m. As soon as we get the dates set by the Met Council and the Regional Transit Board, we will notify the superintendent of each school district of the three dates. We will be requesting the school districts to notify us of their hearing dates prior to September 8, 1989. We will then give you written notification of the budget hearing dates established by the Met Council, Regional Transit Board, Hennepin County and each school district in your city. We will notify you as soon as we get all the school district dates pertaining to your city. If you have any questions, please call Marie Kunze at 348-5100. ~ncerely, Dale G. FO1 , ' .~_~\ . Property Tax and Public Records DGF:al HENNEPIN COUNTY an equal opportunity employer CITYOF White Bear Lake August 14, 1989 Dear City Official: I wish to extend to you a cordial invitation to attend the Leagu~ of Minnesota Cities' Regional Meeting hosted by the City of White Bear Lffke on Monday, September 11, 1989, at the White Bear Country Inn, 4940 Highway ~61. The afternoon program will begin at 2:30 P.M. with a demonstration of the new accounting software package for small and medium sized cities developed by the League of Minnesota Cities and the State Auditor's Office. At 3:15 P.M. we will open up the meeting for a discussion of risk management issues which cities face today ranging from liability associated with joint power agreements to sewer backups. -.A social hour is scheduled to begin at 5:00 P.M. and dinner will be served at 6:15 P.M. After dinner, the League will showcase its new video, "Dealing with the Media." This video is designed to help city officials learn how to deal positively with the media. To complete the evening session, LMC staff will make pnesentations on the status of any changes to Minnesota's property tax system, solid waste issues, the open meeting law vs. the data practices law, and a short program entitled "Ten Things Councilmembers Can do to Help Reduce City Liability." I am confident you will find these sessions both enjoyable and informative. To make reservations for your city, please return the enclosed registration form as soon as possible. In case of Cancellations, please notify Joyce Jacobs at 429-8526 by September 7, 1989. Your city will be billed for those who did not attend and did not cancel their reservation by the aforementioned date. I look fOrward to seeing you on September 11th. jmj Sincerely, Enclosures (registration form, map and agenda) 4701 Highway 61 · White Bear Lake, Minnesota 55110 · Phone (612) 429-8526 League of Minnesota Cities 183 University Ave. East St. Paul, MN 55101-2526 (612) 227.5600 (FAX: 221.0986) League of Minnesota cities White Bear Lake Regional Meeting Program Monday, September 11, 1989 Afternoon Session -- 2:30 - 4:45 pm 2:30 - 3:15 pm Demonstration of the new accounting software package for cities 3:15 - 5:00 pm Risk Management Issues -- LMCIT staff will present a variety of risk management issues. Topics will include liability and coverage aspects of contracts, joint powers agreements, permits and licenses; defense and indemnification provisions in contracts; certificates of insurance (how much insurance should a city require), and intergovernmental contracts for streets, intersections, etc. Liability considerations for optional city services such as tree cutting, building demolition and pipe thawing. LMCIT staff will also discuss the rising problem of sewer backups, liability issues, and should coverage be offered for backups. Evening Session -- 5:00 - 9:00 pm 5:00 - 6:15 pm 6:15 - 7:15 pm 7:15 - 7:30 pm 7:30 - 8:00 pm 8:00 - 8:15 pm 8:15 - 8:30 pm 8:30 - 8:45 pm 8:45 - 9:00 pm Social Hour Dinner Welcome by Host City LMC President's Remarks Property Tax Issues -- Governor's property tax proposal plus an update on truth in taxation Solid Waste Issues -- Select Committee on Recycling and the Environment (SCORE) legislation, sales tax on garbage collection services, and plastics ordinances Data Practices/Open Meeting Law -- Public meetings, an open or shut case? Seven Things Councilmembers Can do to Help Reduce City Liability Dealing with the News Media, a video presentation