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
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I '1
I ue.~l~pur~oj
_.~~jo su, ouJff~y
"7
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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?,:~..~',:/'" ...... THE .,~..,uR,,,,u,- *" ,-,,.,-,,-r,
~HICH ' '" ,_,,_ Ok~r r u¢,.'_,c.,', ~, ',-,.,' ........ c~ ,'.,' .......... ~' ',,.','-' ..... ' ....... =.,-','
'- "' THE TERMS; r..,,,..-~_,..,o.~u,'.:o¢ a;v.i ~.u,',h.,iJ,.U,',:o ,.,,,,..,~ ru: _,~...'r_,,. LIMiiS c,,,..-'~.~,.~ ~-'.~-' HAVE ~.:.~-'-N .",c,',,,,"ur, ~::v PAiD CL.Ai~S,
iL.,' .~_L 'v ...... ?,~ti," .....,"-.,-,;,,r,-~'fr4,,¢. OF -~'""" ' .... ~,--.'e " ....
,-,.n; 'try F'OL~'CY
CO , u,....,.,.,
.... TYF'E ~c *~,:O,~p.^..Vr_r' c',O' TrY NUMBER r-'.-"'F, f~ATE EXP. DATE .u,."', ,.,.,,.,'"~'rTe,-, iN "'"'~'o"'~"'~m,u,,~r,L,o
LiN ul &~,~,,nr-'.,...,. ~ , ~.-~ -, -
~uvEn ~ ~ozt~b iNJURY
r ~r, oUi'~ &
FiRE ~:"~ ....... '" O~iE ~T~,;
Al Tn;~n?-,TI r { TA'~]TI T?¥
' ( ' ALL OWi~ED AUTOS
J ( )~,~.c: AUTOS
· 'z,~' ,..-.,,or.,-, ..... ,,., ,;, ................ ~ CSL $ 500
j r..'nr, rlv t.~J ,Upv
j ~pcp r~r.~utl) $
BODILY T~,~
i ( ) r:;.p^,".," '',.r4.'T' '"'-,'
Ui-h,~Uc. Li~,~.L'.',~ i F',~OF'ERTY
EACH
J ( )~,,,.,.riT~:'~ ........ .Md'"~-,,~?"-':" ;,:,,,,..,_,_,,*' FORM i $.2000 ":"'"':'::,.,.,,.,..,
I
~ ..,,.,r, [ ~ $500 ............... ~
i ~,u- i tL~ 15''=-- A5 5 -i''yL i U';' i T~TT":
iu~r,~ 7C~'ur:o~ 'r.,.~,.'r 'r.-.v ~ ~ ~]f]i! i,~{iS.;.HC:t"-ri"i~..i9 fAF"
i
I i'9 TLt E'"",
I { i
} ~ { ........
~E,~T~k ,CHi"' HOLDER T ~.~,r',:~.~
'"
CiTY OF MO!J~'~D J ~,,'::'.40!"~._q ~:,IY,.,,""c T,"I." A',.-:Oi,."E
r~.RM~.~uf'.'. DATE THE;:,:EOF; x~-'=' T:-'.SU!~a~ r:nM",.',, ....... =~.,',-"-.,n,'.;, TO '"~" .30 ri.~y~
5341 ,-',,.'~?,nr. s:r:.AD ~ ..... ..r?,-.., , .........
· r-,,u;i:,r... ,,., ~p..'.. uc~.:i;.:-z;...~;> HULDEx,~h,-i~-: ...... TO .... : n~ l .'.:7. T,.~,,, .~;lj i
~,~.,-.i; 1'(.',2 ~ IL.r -~MLL
.............,:ir :..u,_,: ..... ~,:.'~ ....., UF'Oi'~ '*"-~nk ~,,r'~F'A~;',',., / iTS
PATRICK MINGEF;
,I.P Nm'ex, in .
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