1989-09-12 CITY OF MOUND
MOUND, MINNESOTA
A G E N D ~
MOUND CITY COUNCIL
REGULAR MEETING
7:30 P.M., TUESDAY, SEPTEMBER 12, 1989
COUNCIL CHAMBERS
1. PLEDGE OF ALLEGIANCE.
APPROVE THE MINUTES OF THE AUGUST 22, 1989, REGULAR
MEETING. Pg. 2762-2773
2A.
CONTINUATION OF PUBLIC HEARING: CASE #89-835 -
WILLIAM 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. 2773A-2773U
2b.
PUBLIC HEARING: TO CONSIDER ISSUANCE OF AN ON-SALE
INTOXICATING LIQUOR LICENSE FOR WILLIAM DUNKLEY, ETC.,
DBA DESPERADO'S, INC., 4451 WILSHIRE BLVD. Pg. 2773V
PUBLIC HEARING - CASE ~89-838: HENNEPIN COUNTY &
BILL CLARK OIL, 5501 LYNWOOD BLVD.,
LOTS 35, 36 & 37, KOEHLER'S ADDITION
TO MOUND, PID #13-117-24 33 0039.
REOUEST:
CONSIDERATION OF A CONDITIONAL USE PERMIT
AND PLANNED INDUSTRIAL AREA PERMIT FOR AN
INTERIM TRUCK ROUTING FACILITY IN THE I-1
INDUSTRIAL ZONING DISTRICT. Pg. 2774-2793
PUBLIC HEARING:
UPGRADING oF CITY HALL FACILITIES,
PAT MEISEL, CHAIRPERSON, CITIZENS
TASK FORCE ON PUBLIC FACILITIES. Pg. 2794-2812
CASE ~89-836 - CHARLES REGENFUSS, 6201 BAYRIDGE
ROAD, LOT 4, BLOCK 1, HALSTEAD
ACRES, PID #23-117-24 33 0015·
REOUEST: FRONT YARD SETBACK VARIANCE.
Pg. 2813-2827
CASE ~89-839 - ROY HAGEN, 6224, RED OAK ROAD, LOT 4, BLOCK 1, MOUND TERRACE,
PID #14-117-24 32 0004.
REOUEST:
RECOGNIZE AN'EXISTING NONCONFORMING
STRUCTURE TO ALLOW STRUCTURAL
MODIFICATIONS.
Pg. 2828-2839
Page 2759
CASE ~89-809 - JACK COOK, 4452 DENBIGH ROAD, LOT 2, BLOCK 1, AVALON, PID #19-117-
23 24 0002.
REOUEST: MINOR SUBDIVISION/VARIANCE.
Pg 2840-2875
REPORT FROM LMCD REPRESENTATIVE, TOM REESE AND
DAVID ARNDORFER OF ARNDORFER & ASSOCIATES.
REQUEST TO ADDRESS THE CITY COUNCIL ON EURASIAN
WATER MILFOIL IN DUTCH LAKE - DICK WAGNER, CHAIRMAN
CITIZENS CONCERNED FOR DUTCH LAKE.
10. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT.
11. DISCUSSION:
RECONSIDERATION OF CLOSING PEMBROKE
PARK ACCESS TO WINTER MOTORIZED
VEHICLE TRAFFIC.
Pg. 2876-2892
12. DISCUSSION:
PARK COMMISSION RESOLUTION REGARDING THE
DESIGNATION OF ALL PUBLIC WETLANDS AS
CITY OF MOUND PARK LANDS. Pg. 2893-2896
13.
APPROVAL OF AN ORDINANCE AMENDING SECTION 800:10,
SUBDIVISIONS 7 AND 8 OF THE MOUND CITY CODE
RELATING TO INSURANCE REQUIREMENTS FOR LIQUOR
ESTABLISHMENTS.
Pg. 2897-2901
14.
BID AWARD: DENBIGH ROAD IMPROVEMENT PROJECT.
(City Engineer will distribute materials Tuesday
evening.)
15.
RESOLUTION RECONVEYING (IF NECESSARY) CERTAIN TAX
FORFEIT LANDS BACK TO THE STATE AND REQUESTING THE
COUNTY BOARD TO IMPOSE CONDITIONS ON THE SALE OF SAID
TAX FORFEIT LANDS AND TO RESTRICT THE SALE TO OWNERS
OF ADJOINING LANDS. Pg. 2902-2906
16.
RESOLUTION RELEASING CERTAIN TAX FORFEIT LANDS TO
HENNEPIN COUNTY FOR PUBLIC AUCTION AND CERTIFYING
THE SPECIAL ASSESSMENTS.
Pg. 2907-2909
17.
RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER
TO APPLY TO HENNEPIN COUNTY FOR APPROVAL OF A NEW
USE OF A PORTION OF TAX FORFEITED LAND -
PID #14-117-24 43 0024.
Pg. 2910-2912
18.
SET DATE FOR PUBLIC HEARING TO CONSIDER A CONDITIONAL
USE PERMIT FOR A CABINET WORKSHOP AND SHOWROOM IN THE
B-1 CENTRAL BUSINESS DISTRICT, LOCATED AT 5448
SHORELINE DRIVE, PART OF LOT 36, AUDITOR'S SUBD.
#170, PID #13-117-24 33 0024.
SUGGESTED DATE: SEPTEMBER 26, 1989·
Pg. 2913
Page 2760
19.
20.
21
22.
23.
RESOLUTION RELATING TO CITY PARTICIPATION IN
NARCOTICS CONTROL PROGRAM.
Pg. 2914-2919
APPR6VAL OF AN ORDINANCE RELATING TO TRESPASSING
AND CONGREGATING ON BUSINESS/MUNICIPAL PARKING
LOTS AND PRIVATE BUSINESS PREMISES.
Pg. 2920-2925
APPROVAL OF FINAL PAYMENT REQUEST - 1989 STREET
REPAIRS - COUNTY ROAD 110 - $9,952.42.
Pg. 2926-2929
PAYMENT OF BILLS.
Pg. 2930-2943
INFORMATION/MISCELLANEOUS:
ao
Letter dated September 5, 1989, from Fred
Guttormson, representing Desperado's, Inc.,
on removal from September 12, 1989, Agenda.
Pg. 2944
B. Department Head Monthly Reports for August. Pg. 2945-2982
Co
De
LMCD Representative Monthly Report for
August.
LMCD mailings.
Pg. 2983-2984
Pg. 2985-2999
Ee
Fe
Planning Commission Minutes -
August 28, 1989 Meeting.
Pg. 3000-3007
Meeting notice from Hennepin Parks on aquatic
weeds. Seminar will be held Wednesday,
September 20, 1989, from 8:15 A.M. to 10:30 A.M.,
at the French Regional Park Outdoor Recreation
Center. Seminar is FREE. Please let Fran know by
September 15, 1989, if you want to attend. Pg. 3008-3009
Ge
Regional Breakfast Meeting notice from Metro
Council. Our area is scheduled for Friday,
September 22, 1989, from 7:30 A.M. to 9:00 A.M.
at the Hopkins House. Please let Fran know by
September 19, 1989, if you want to attend. Pg. 3010
REMINDER:
Committee of the Whole Meeting,
Tuesday, September 19, 1989, at
6:30 P.M.
Page 2761
129
August 22, 1989
MINUTES -- MOIrRD CITY COUNCIL -- AUGUST 22, 1989
The City Council of Mound, Hennepin County, Minnesota, met in
regular session on Tuesday, August 22, 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, City Engineer John Cameron, Building Offi-
cial Jan Bertrand, City Planner Mark Koegler and the following
interested citizens: Bryan Cl.em, Jeff Schoenwetter, Paul Wil-
lette, Marvel & Ron Johnson, Tom Casey, William Dunkley, Fred
Guttormson, James Guttormson, Lorrie Stanton, Jane Chiesl,
Claudia Miller, Chris Maloney, Phil & Eva Hasch, James Morgan,
Duane & Beth Van Poll, Frank McGill, Craig & Lee Henderson, Dave
Griffin, Dan Michelson, Jim Ostman, Hank Roelofs, Tom Roden, John
Minahan, Robert Morgan, Robert Tomalka, Stanley Drahos, Neil
Weber, Matt Ruppert, Pat Meisel, Geoff Michael, Sandy Calvelage,
Freda Olson, Orval Fenstad, Mark Anderson, Frank Fischer, Bruce
Reno, Mike Regnier, Alan Held, Fred Hertz, Trude Turnquist, Mike
Cusack, Rolf Turnquist, C. Steve Wilson, Ralph & Elsie Turnquist,
James Mosser, David Morse, Oswin Pflug, Clay Olson, Gene Garvais,
Tim Williams, Jeff Andersen, and Bill Kullberg.
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 Ahrens to approve the
minutes of the August 8, 1989, Regular Meeting and the Com-
mittee of the Whole Meeting of August 15, 1989, as sub-
mitted. The vote was unanimously in favor. Motion carried.
PUBLIC HEARING: DELINQUENT UTILITY BILLS
City Manager Ed Shukle explained that the revised amount was
$2,735.40. The Mayor opened the Public Hearing. There was no
response. The Mayor closed the Public Hearing.
Johnson moved and Jessen seconded the following resolution:
RESOLUTION 89-95
RESOLUTION TO APPROVE THE DELINQUENT
UTILITY BILLS IN THE AMOUNT OF $2,735.40
AND AUTHORIZING THE STAFF TO SHUT-OFF
WATER SERVICE TO THOSE ACCOUNTS
The vote was unanimously in favor. Motion carried.
130
August 22, 1989
PUBLIC HE~RING:
UPGRADING OF CITY HALL FACILITIES· PAT
MEISEL· CHAIRPERSON· CITIZENS TASK FORCE ON
PUBLIC FACILITIES
Pat Meisel stated that a video tape of the task force conclusions
will be played now or if there are not enough people present who
are interested it could be played at the end of the meeting for
the cable broadcast. She stated she and the committee are here
to answer questions from the public.
The Mayor opened the public hearing.
PAUL WILLETTE, 1720 Avocet, stated he is against the expan-
sion because he feels there are other priorities that the
money could be spent on, i.e. better maintained parks,
material storage area, etc. He stated he felt it should be
left up to the voters to decide.
There were no other comments.
MOTION made by Johnson· seconded by Jessen to .continue this
public hearing to the September 12, 1989· Regular Meeting.
The vote was unanimously in favor. Motion carried.
PUBLIC HE~RING=
CASE #89-835 - WILLIAM M. DUNKLEY, DBA
DESPERADO'St 4451 WILSHIRE BLVD.· LOTS
THROUGH 18t BLOCK 8~ AVALON, PID ~19-117-23
31 0021~ CONDITIONAL USE PERMIT FOR A CLASS
III RESTAURANT (LIQUOR SERVICE RESTAURANT) IN
THE B-2 GENERAL BUSINESS DISTRICT AND
VARIANCES
The City Planner explained that the applicant is requesting a
Conditional Use Permit to open a liquor service restaurant (Class
III) in the old Donnie's Restaurant which is in a B-2 General
Business District and is allowed with a Conditional Use Permit.
The variances are being requested to recognize existing noncon-
forming setbacks and to allow docks to serve the new restaurant.
He reported that the Planning Commission recommended approval on
a 5 to 2 vote with 1 abstention under the following conditions:
The applicant shall prepare a landscaping plan for the
site in conformance with all of the screening require-
ments in the Mound Zoning Code. The landscaping plan
should include a plan for a vehicle and visual barrier
to be erected along the north property line to separate
the restaurant use from the adjacent gas station site.
Such plan will be submitted to the City Planner for
review and approval within 30 days of the date of the
Planning Commission meeting.
131
Augug% 9_9., 1989
The applicant shall prepare grading and erosion con-
trol plan containing contours and spot elevations ap-
propriate to indicate existing and final grades. The
plan should also define the parking lot entrance by in-
cluding the materials to be used for marking the
entrance, such as curbing. Suoh Plan will be ~ubmi~e~
to the City Engineer 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.
A boundary line survey will be required and must be
submitted to the Building Official prior to building
permit issuance·
Se
The proper variance application forms and fees must be
submitted.
The Mayor opened the public hearing.
BILL DUNKLEY, applicant and JIM GUTTORMSON, architect, for
Desperados' showed a drawing of the proposed restaurant and
the layout of the parking. They pointed out they will be
closing the one access from Wilshire Blvd. and removing the
parking from the area between Desperados' and the Skelly
Station and would also install a fence between the two
businesses. Mr. Dunkley stated that the proposed restaurant
will be up-scale and unique. He stated they are involved in
Wooley's Restaurants in the E~bassy Suites, Corbins and the
Chart House in Lakeville and the Dow Jones at Shelard Plaza.
They are required to have 47 parking spaces and are provid-
ing 63 proper size spaces. He stated they would like the
Council to approve the variance for the dockage off the
Lakewinds property.
ROLF TURNQUIST, RALPH TURNQUIST, TRUDE TURNQUIST, who own
the vacant land across the street from the proposed res-
taurant spoke .against the issuance of a permit and the
dockage variance. They have a purchase agreement with a
developer who is proposing to subdivide the property into 23
to 25 single family homes with no variances. The projected
assessed value of these homes would be twenty million dol-
lars. They submitted a petition signed by 66 residents from
the surrounding area which read as follows:
"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.
132
August 22, 1989
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 boat-
ing accidents, parking problems, public nuisances, and in-
creased 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."
They also showed a map of the a~ea noting the proposed
restaurant/bar and the people in the immediate vicinity who
were against the issuance of a conditional use' permit.
MIKE CUSACK, real estate agent for the Turnquists spoke of
the negative impact the bar/restaurant and boat dockage
would have on the neighborhood, i.e. noise, late night ac-
tivity.
FRED HERTZ, friend of the Turnquists, referre~ to the tax
advantage to the City of the potential housing'development.
C. STEVEN WILSON, attorney for the Turnquists reviewed the
first two items in the conditional use criteria and stated
the approval of this bar/restaurant/music establishment
could prevent the orderly development of his clients
property. He also referred to a letter he had delivered to
the Council earlier in the day. Mr. Ralph Turnquist asked
that this letter become part of the public record.
The following persons spoke against the issuance of a Condi-
tional Use Permit and the approval of the variance to allow
dockage for the following reasons: James Mosser (he also
submitted a letter stating his reasons for opposing the con-
ditional use permit), Craig & Lee Henderson, Frank Fischer,
Daniel Michaelson. Reasons:
1. Noise from the restaurant patrons.
2. Noise from the live music.
3. Vandalism in the area.
4. Parking in other than the parking lot.
5. Noise from patrons using the boat docks.
6. Increase in traffic in the area.
7. Alcohol-related auto and boat accidents.
8. Debris being littered in the area.
9. The owner of the Skelly station has a purchase
agreement to develop his site into another busi-
ness.
BILL DUNKLEY, stated the live music would consist of 1 per-
son. He further stated they would withdraw their variance
request for boat dockage.
133
August 22v 1989
The Mayor closed the public hearing.
The Council discussed the conditional use criteria, the res-
taurant classes and their definitions. The Council stated they
would not support the variance for the boat dockage because the
requirements for this have not been met.
The City Attorney read the definition for a conditional use per-
mit and pointed out that the Council can restrict the use with
the conditions in the permit. He suggested that since the
required 10 days mailed notice was not met that the Council could
continue the public hearing to the September 12th meeting and re-
mail the notice in a timely manner and have the City Planner
prepare a list of conditions for the Council from the testimony
given this evening and bring it back to that meeting.
MOTION made by Johnson, seconded by Jessen to continue the
public hearing until the September 12th meeting, mail the
required notices in a timely manner, and have the City Plan-
ner prepare a llst of c~nditlon? for the Council to con-
sider. The vote was unanimously in favor. Motion carried.
SET DATE FOR PUBLIC HEARING FOR "ON-SALE,, INTOXICATING LIQUOR
LICENSE
MOTION made by Ahrens, seconded by Jensen to set September
12, 1989, for a public hearing to consider the issuance of
an "On-Sale,, Intoxicating Liquor License for William
Dunkley, etc., DBA Desperado,s, Inc. 4451 Wilshire Blvd.
The vote was unanimously in favor. Motiom carried.
CASE #89-832:
SKIP JOHNSON, 3018 ISLAND VIEW DR., REQUEST TO
MOVE HOUSE FROM 3018 ISLAND VIEW DRIVE TO 4430
MANCHESTER ROAD, LOTS 7 & 8, BLOCK 17t AVALON, PID
.~19-117-23 31 0074
The Building Official reviewed the request and stated that the
Planning Commission recommended approval on a 7 to 1 vote.
The applicant explained that his position is that the house is
already in the neighborhood. He submitted pictures and a bid
from Paul Sorensen Construction to bring the house up to current
building code in the amount of $26,293.00.
Bryan Clem, 4436 Manchester Road, stated he is opposed to the
moving of this house to the vacant lots next door to his house
for the following reasons:
1. It will reduce his market value.
The request does not follow the intent of Ordinance
300:25, subd. 3.
134
August 22, 1989
The reques~ is not consistent with the city's com-
prehensive plan.
He then showed overhead projection of the surrounding values on
his block and a video tape of the surrounding area where the
house is proposed to be moved.
The following others persons spoke in opposition to the moving of
the home: Carolyn Schmidt and Orv Fenstad.
The following persons spoke in favor of the house moving:
Willette, Geoff Michael, David Morse.
Paul
The Council discussed guarantees that the building would be com-
pleted after it was moved. The Building official stated she
would not issue a Certificate of Occupancy until it was completed
properly. They also discussed the meaning of the phrase "a
building or structure of the same general character and ap-
pearance as other buildings or structures in the vicinity".
MOTION made by Jensen, seconded by Jessen to approve the
house moving permit request to relocate a home at 3018 Is-
land View Drive to 4430 Manchester Road, requiring the home
to be brought into conformance with the current building
codes and a Certificate of Occupancy will not be issued un-
til the requirements are met and that the proposed bid be
part of the approval. The vote was Z-'in favor with Ahrens
and Smith voting nay. Motion failed.
The applicant asked Smith why he voted against the request.
Smith stated that if the application had an architect's concept
attached to it on how much money is proposed to be spent to
address the facade it would be very hard to turn down and he
would reconsider it.
CASE ~89-833:
JOHN MINAHAN, 4313 WILSHIRE BLVD., PART OF LOT A,
TW~ 1ST REARR. OF PHELPS ISLAND PARK FIRST DIVI-
SION, PID ~19-117-23 13 0011, VARIANCE FOR EXIST-
ING NONCONFORMING DWELLING
The Building official explained the request. The Planning Com-
mission recommended approval. Mr. Minahan was present and stated
he agrees with the proposed resolution.
The Building official explained that there is a fence question
but that the Planning Commission will be looking at all the
fences in that area at a future Planning Commission Meeting.
Ahrens moved and Jensen seconded the following resolution:
~ugust 22, 1989
RESOLUTION %89-96
RESOLUTION TO RECOGNIZE ]tN EXISTING NON-
CONFORMING STRUCTURE TO ALLOW STRUCTURAL
MODIFICATIONS FOR PART OF LOT A· THE 1ST
REARR. OF PHELPS ISLAND PARK FIRST DIVI-
SION, PID %19-118-23 13 0011· (4313 WIL-
SHIRE BLVD.), P & Z CASE %89-833
The vote was unanimously in favor. Motion carried.
CASE #89-834~
MARK LINDER, 4770 NORTHERN ROAD, PART OF LOT 29,
SUBDIVISION OF LOTS i & 32 RAVENSWOOD, PID ~18-
117-23 33 0029· VARIANCE TO L~KESHORE ~ND FRONT
PROPERTY LINE SETBACKS
The Building Official explained the request. The Planning Com-
mission recommended approval. The applicant was present and
agreed with the proposed resolution.
Jessen moved and Jensen seconded the following resolution:
RESOLUTION %89-97
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 RECONSTRUCTION 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 989-834
The vote was unanimously in favor. Motion carried.
CASE #89-811:
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 MIN-
NETONKA, FINAL PLAT APPROVAL ALEXANDER PARK
(FORMERLY HARRISON SHORES ADDITION)
The Building Official submitted a revised proposed resolution.
The City Engineer explained that all the papers have been for-
warded to the City Attorney's office to be sure all easements are
correct. The Staff recommended approval but the plat will not be
released until all items are reviewed and everything is in order.
Mr. Morse was present and agreed with the revised proposed
resolution.
Johnson moved and Jessen seconded the following resolution:
RESOLUTION %89-98
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 %89-811
136
August 22, 1989
The vote was unanimously in favor.
Motion carried.
COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT
OSWIN PFLUG, 4440 Denbigh Road stated that he would like to
be treated equally as far as the Denbigh Road Improvement
and any payment given for land taken for this project should
be given to him also.
APPROVAL OF PLANS AND SPECIFICATIONS FOR DENBIQH RO/%D IMPROVEMENT
PROJECT
The City Engineer explained that the plans and specifications for
the improvement of Denbigh Road are completed and need approval.
Then the Council can set a date for a bid opening on this project
if it is to be completed this year.
The City Attorney stated that he has been in contact with Freda
Olson's attorney and a proposed settlement has been worked out.
He indicated that Ms. Olson would accept this. It will have to
be put in writing but he related the following:
The City would pay Ms. Olson $4,129.01 for the per-
manent and temporary easements that are being granted.
It is agreed that Ms. Olson will pay the assessment
.amount which is $3,344.76.
The City agrees to replace a maple tree with a maple
tree at least 6 inches in diameter and approximately 25
feet in height.
The City agrees to provide Ms. Olson's attorney with a
list of names of all other residents living on the road
so that he can obtain a release for all private ease-
ments that affect Ms. Olson's property.
The city Engineer stated that he has met with Ms. Olson about the
temporary and permanent easements needed and that she would
prefer a 4 foot slope. The Engineer recommended a 7 foot slope
but Ms. Olson did not want to agree.
Johnson moved and Jensen seconded the following resolution:
RESOLUTION #89-99
RESOLUTION APPROVINQ PLANS AND
SPECIFICATIONS AND ORDERING THE ~DVER-
TISEMENT FOR BIDS - 1989 STREET IMPROVE-
MENT DENBIGH ROAD
The vote was unanimously in favor. Motion carried.
MOTION made by Johnson, seconded by Jensen to authorize the
City Attorney negotiate a settlement based on his oral
report to the Council and the City Engineer to prepare the
permanent and temporary easements necessary for this
projeot. The vote
carried.
137
AUgUSt 22, 1989
was unanimously in favor. Motion
SEWER SERVICE A~REEMENT BETWEEN MOUND, ~ND MINNETRISTA FOR MARK
NIELSON PROPERTY
The City Engineer stated that Minnetrista has approved the agree-
ment to provide sewer utility service to Mark Nielson. He recom-
mended changing the Administrative, Legal and Engineering Expense
from $400.00 to $650.00 which makes the total connection charge
$3,507.80.
Johnson moved and Ahrens seconded the following resolution:
RESOLUTION %89-100
RESOLUTION TO AUTHORIZE THE MAYOR AND
CITY MANAGER TO ENTER INTO AN AGREEMENT
BETWEEN THE CITY OF MINNETRISTA AND THE
CITY OF MOUND RELATIVE TO PROVIDING
UTILITY SERVICE TO A MINNETRISTA
PROPERTY OWNER, MARK NIELSON
The vote was unanimously in favor. Motion carried.'
REQUEST FOR MAINTENANCE PERMITt
STEPHANSON
4601 ISLAND VIEW DRIVEw ROGER
The City Manager explained the request. The Park Commission
recommended approval of the trimming with the supervision of the
Park Director on an 8 to 1 vote.
MOTION made by Ahrens, seconded by Jensen to approve a main-
tenance permit for Roger Stephanson, 4601 Island View Drive
to trim sumach to not less that 3 feet in height on the Com-
mons. Trimming to be done under the supervision of the Park
Director. The vote was unanimously in favor. Motion
carried.
RECOMMENDATION FROM PARK COMMISSION ON THE CLOSING OF PEMBROKE
PARK ACCESS/VACATION OF A PORTION OF ABERDEEN ROBn
Councilmember Jessen; Council Liaison to the Park Commission, ex-
plained that the Park Commission has recommended closing the
Pembroke Park motor vehicle access and asked that that portion of
Aberdeen Road that abuts the park be considered for vacation.
MOTION made by Jessen, seconded by Ahrens to close the
Pembroke Park motor vehlcle access to Lake Minnetonka and
start vacation proceedings.
The Mayor asked if there was anyone present who wished to
speak.
138
August 22, 1989
The following persons spoke against the closing of the
access: Duane and Beth Van Poll, Tim Williams, Bill
Kullberg, Gene Garvais, Clayton Olson.
The following persons spoke in favor of the closing:
Claudia Miller, Jan Cheisl, and Lorrie Stanton.
The Council discussed other accesses, the danger to children
using the park, noise from vehicles using the access.
The vote on the motion was 3 in favor with Jensen and
Johnson voting nay. Motion carried.
The City Clerk advised the Council that if they are considering
vacating this access they will have to notify the Commissioner of
the Department of Natural Resources 30 days before the public
hearing to vacate. This is new legislation that took affect
August 1, 1989, for all vacations of public land abutting public
waters.
MOTION made by Smith, seconded by Jessen to ~econsider the
above motion and start working out details for the vacation
of that portion of Aberdeen Road abutting Pembroke Park.
This to be brought back to the Council for setting a date
for a public hearing. The vote was unanimously in favor.
Motion carried.
REAPPOINTMENT TO THE HRA
Jessen moved and Johnson seconded the following resolution:
RESOLUTION %89-101
RESOLUTION TO REAPPOINT ELDO SCHMIDT TO
THE MOUND HOUSING & REDEVELOPMENT
AUTHORITY (HRA) FOR A FIVE YEAR TERM -
TO EXPIRE 8-29-94
The vote was unanimously in favor. Motion carried.
CHANGE ORDER ~6 AND FINAL PAYMENT REQUEST FROM LOEFFEL-ENGSTRAND
- PUBLIC WORKS FACILITY - C~_~NGE ORDER ~6 & $3~699.00 - FINAL
PAYMENT - $10~689.07
The City Engineer stated that they are recommending the approval
of Change Order #6 as follows:
ITEM #1
Supply new thermostats for existing
unit heaters ADD
$ 127.00
ITEM #2
Provide temperature control connections
to fans in repair bay area ADD
$ 697.00
139
AUgUSt 22, 1989
ITEM #3
Telephone outlet, 3-way switching in truck
storage area, extra repair bay outlets,
overhead door operator connection, water
softener circuit. ADD $ 2,875.00
TOTAL CHANGE ORDER #6
ADD $ 3,699.00
He is also recommending a final payment request from Loeffel-
Engstrand in the amount of $10,689.07.
MOTION made by Johnson, seconded by Jensen to authorize
Change Order %6 for the Public Works Facility'in the amount
of $3,699·00 and also to authorize the final payment request
of Loeffel-Engstrand in the amount of $10,689.07 for the
completion of the Public Works Facility· The vote was un-
anlmously in favor· 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 $170,616.71, when funds are available. A roll call vote
was unanimously in favor. Motion carried.
SET DATES FOR PUBLIC HEARINGS
MOTION made by Johnson, seconded by Jensen to set the fol-
lowing dates for the following public hearings=
September 12, 1989, to consider a conditlonal use per-
mit for an interim truck routing station in the I-1 In-
dustrial Zoning District located at 5501 Lynwood Blvd.,
Koehler,s Addition to Mound, Lots 35, 36 & 37, PID %13-
117-24 33 0039·
September 12, 1989, to consider a c0nditional use per-
mit for a frozen yogurt shop with a drive-in window in
the B-1 Central Business District located at 228X Com-
merce Blvd., north of the railroad tracks·
0
September 26, 1989, on the following proposed
assessments: unpaid tree removal charges; unpaid
clean-up charges; unpaid mowing charges; unpaid removal
of hazardous building charges; unpaid consultation
services before removal of hazardous building; and un-
paid water and sewer bills.
September 26, 1989, for the proposed assessment for the
CBD parking maintenance program for 1988-89.
The vote was unanlmously in favor· Motion carried·
140
AUgust 22, 1989
INFORM]%TION/MISCELL~NEous:
July 1989 Financial Report as prepared by John Norman,
Finance Director.
B. Park Commission Minutes of August 10, 1989.
C. Planning Commission Minutes - August 14, 1989.
De
Notice from Hennepin County regarding the dates of their
public hearings on the County Budget.
E®
Notice of League of Minnesota cities' Regional Meeting, Mon-
day, 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.
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 citie~ Congress of
cities to be held in Atlanta, Georgia, November 25-29,
1989. Please let Fran know before August 28th if you
are interested in attending. (You received this
brochure separately.)
MOTION made by Jensen, seconded by Jessen to adjourn at
12:40 P.M. The vote was unanimously in favor. Motion
carried.
Edward J. Shukle, Jr., City Manager
Fran Clark, CMC, City Clerk
Desperados, Inc.
RI~ SEP
6 1989
City of Mound
5341 Maywood Road
Mound ~ 55364
September 5, 1989
I am requesting that at this time you have the variance
of Desperados, formerly Donnies Restaurant, removed from
the agenda for the September 12, 1989 meeting as we wish
to pospone it until a later date.
Yours truly,
Fred Guttormson
PUBliC HEARING NOTICE
CITY Of MOUND
MOUND, MINNESOTA
NOTICE OF PUBLIC HEARING TO CONSIDER A CONDITIONAL USE PER-
MIT FOR A CLASS III RESTAURANT (LIQUOR SERVICE RESTARUANT)
IN THE 8-2 GENERAL BUSINESS DISTRICT LOCATED AT 4451 WIL-
SHIRE BLVD., AVALON, LOTS 3 THROUGH 18, BLOCK 8, PID #19-
117-23-3! 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 General Business District located at 445l Wil-
shire Blvd., legally described as:
Avalon, Lots 3 through 18, Block 8, PID #19-117-23-3] 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, 1989 & August 14', 1989.
A773-6
Planning Commission Minutes
August 14, 1989
Case No. 89-835: Desperado's Inc.? Will lam Dunkley? 445!
Wtlshire Blvd.T Lots 3 - 187 Block
23-3] 002I. CFl3ND[TIONAL USE
City Planner, Mark Koegler, reviewed the request to omen a liquor
service restaurant (Class III) to be name~ Desperado's at 4451
Wilshtre Blvd. The proposed restaurant will have a fHll service
menu and liquor service available. The service cal~acity of the
restaurant is approximately 14l.
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 be located approximately 600
Feet From the restaurant requiring a 300 Foot variance. Koeg]er
recommende~ approval of the dock variance if the Commission
Oetermfnes that the Oocks can be used without negatively t n~act-
lng adjacent residential areas, or if they will not I~e a nuisance
to the surrounding resiOentfai areas.
The applicant's are also requesting a parking stall size
.yariance. The required sizes are ]0' x 20' and ]2' x Z0' for
· handicap stalls, however the site Dian Indicates 9' x 18' and
x ]9' For hangicap stalls. According to the zoning co~e 47 par~-
ing spaces are required based on the seating capacity, however
the site Dian indicated 77 parking spaces which exceeQs 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
Desperado's parking area.
Koegle~,.ad~ed that a 20 foot front yard setback variance will
also be required. Since the variance recognizes an existing
situation, approval was recommended.
Staff reco~ended approval of the conditional use permit for es-
tablishment of Desperado's as a C)ass III restaurant, approval o{
a variance'recognizing the existing nonconforming front yard set-
back along Wtlshire Blvd. and approva] of the parking space size
variance subject to the following conOttions:
The applicant shall prepare a landscaping plan for the site
in conformance with all of the screening requirements in the
Moun~ Zoning Code. Such plan will be sut~mitted to the.City
Planner for revi'ew and approval within 30 days dE the date
of the Planning Commission meeting.
Planning Commission Minutes
August ]4, ]989
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 suP-
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 Darrier to be erected along the north property line
to separate the restaurant use from the adjacent gas station
site. The plan shall De suDmitted to the Building OFFicial
for review and approval within 30 days of the date of the
Planning Cc~mission meeting.
IF the Planntng Co~ission Finds that the comercial dock
variance is appropriate, the docks sh~ll coml~ly with Section
23.413 oF the Mound Zoning Code·
A boundary line survey will De required and must De suP-
mitred to the Building OFFicial prior to Duilding permit is-
suance.
The proper variance appl ication Forms and Fees must De sub-
m i tted.
Applicant, Bill Dunkley. spoke on D.halF 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 Full ownership
of the property at this time is due to a discrepancy with the
legal description due to the pump house property owned Dy 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 fs 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
Oocks and the docks must have a supervisor on site during bust-
ness hours. The dock will have ]6 slips, at the most.
The Co~missfon discussed the possibility of having a one year
review of the dock situation·
Chair Meyer opened the puDlic hearing.
Mr. Steve Wilson, an attorney representing Ralph & Rolph
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 objecteO to the
approval of the dock variance. A~~---3
Planning Commission Minutes
August 14, 1989
Page Seven
Craig Henderson, owner o~ the Skelly station abutting the
proposeO Despera0o's stated that he is opposed to a business
opening next odor to him. He complained about debris an~ van-
aalism to cars parked at the station for service. He agreed that
a bumper barrier and a fence would help alleviate some dE the
problems from the past.
Mrs. 01son who lives across the street ts not looking forward to
loud noise rtl ail 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 ~arkfng lot entrance should be better
Oeflned, either Dy curding 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
eno Desperado's should provtOe a vehicle and visual barrier.
Items [. anO 3. of the staff recommendation should be comOtne~ to
make the barrier a requirement on the lanOscaping plan.
'The Oock variance request was discussed Dy the Commission.
Wetland stated that the requtreO distance has Ooubled, therefore
a variance should not De approved for the docks. Mr. Dunkley
stresseO how Important the ~ocks will be for business, and he
further explained that DesperaOo's will be professionally run and
managed, therefore, Odes not expect disturbances to occur to the
abutting residential areas.
The Commission discussed the posstbt 1try of conditions being
place~ upon the usage of the ~ocks.
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 lt~n 3. being com-
bined with item 1., and item Z. being ame~ed. Motion
carried 5 - 2 with one abstaining (those in Favor= An-
dersen, Sohns, Thai, Meyer, Clapsaddle; those
Wetland and Michael; those abstained= Smith).
Wetland and Michael clarified their reason for opposing; they are
not In favor of the dock variance because of the distance, a com-
mercial Oock Odes 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 De interpreted as financial.
This case wi11 be hearO at the City Council meeting dE August
1989..
Roll W. Tumquist
2000 Chestnut Road
Hamel, MN 55340
August 16, 1989
Mr. Steve Smith, Mayor
2710 Clare Lane
Momad, Minnesota 55364
Dear Mr. Smith:
Case No. 89-835: Desperados Inc.
William Dunlcley
The applicant is requestinga conditional use permit and variances for a Class III
restaurant/bar/music establishment with a variance for dockage irt a residential
area at the site of the former Donnie's restaurant.
Adverse Impact
My father and I own approx~mately 16 acres of vacant land zoned residential directly
across the road from 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
Obviously, thi.q development will generate very substantial, favorable tax revenue for
the City of Mound.
The developer has advised us that Desperados' plan for a Class ITt restaurant and
dock access in from of ourproperty is totally inconsistent with hi.~ 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 Commis$i0n Action
Over our objections and those of other neighbors, the Planning Commis.sion voted
on Monday, August 14, 1989, to approve Desperados' requests for a conditional use
permit by a vote of 5 to 2 with one abstention. The major/ty made no findings under
Ordinance 25.505.1 or 23.506.1 to support the granting of the conditional use permit
or the variances.
Thc Planning Commission members who voted again~t the applicant stated:
1. The dock which would be serving a commercial establ~shrnent in a
residential area is over 600 feet away. a variance request
of over 100~ from the 300 feet permitte&
2. The neighbors are against a liquor/music operation in this
residential area.
3. The applicant and the majority have given no lezallv sufficient
reason for the dock variance. Th~ al~Dlican[ha~ claimed ~h~l~cial
hardship if the variance is not grante'c[, which is not a legally sufficient
basis to grant a variance.
.We.we_r_e p .a~ticularly di.'s .t~u'bed by one Planning Comr~sion member participating
m me P1 ~anmn~ Comm~ssmn d/scussion a_~ter closure of the public hearing in a '
m~nner strongly supportin~the applicant while acknowledging that he had a
ma.teri~ .bus_~ess remtionship with the applicant. We feel this was very improper
an~ u~a~r. 'l nat member did abstain fi.om voting.
Applicable Laws and Ordinances
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 ~mmediate vicinity or substantially d~rn~n~.~h and
mapa/r property values within the ~mmediate vicinity;,
(2) t~ae establishment of the conditional use will impede the normal and
orderly development and improvement of surrounding vacant
property for uses predominant in the ares.
Our position is that a Class ~ restaurant/bar/music establishment at the proposed
!oeauon is incompatible w/th a residential neighborhood. The hours alone are
mcompat!ble, 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
de.velopment. Patrons wilh on occ~ion, be loud and boisterous. The patron's noise
going to and fi.om 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
prope .rty and will impede its normal development.
The. vari .ant.e, for dockage is ext.raordinary. It not only requires over a 100%
variance ~n me proximi~ test ot 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 st, ate law. The applicant stated at the
Plannin~ Commission. hearing . that docka, g e ~ as. necess ary to make th e restaurant
econo~ucally v~a~le, and that i~ the applicant fa/led to obtain dockage approval, it
would not l~roceed. State law provides that variances from ordinances may be
granted oruy 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 terms of the ordinance.
Surnmarv
My father and I oppose the application for conditional use permit and variances for
the following reasons:
1. A Class IH restaurant/bar/music establishment and dock is incompatible
with a residential neighborhood.
2. Once the conditional use pe .r~i.'t has been granted, the Ci~..will be in
a more d~cult legal pos~uon to control liquor abuse m a residential
3. The COnditional use is injurious to our property and wi~ 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 el~m~r~ate the current
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 deveIopmem and take years
to find another suitable buyer adversely affecting us and the City.
We strongly request that the application be denied.
'
R quist
RWT:
PLANNING 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 NUNBER: 89-835
VHS FILE NUNBER: 89-310-A24-ZO
EXISTING ZONING: General Business (B-2)
CONPREHENSIVE 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 s'ervice 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.
CONHENTS: 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 6121553-1950
Desperado's
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
commerci.al 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 Monday evening.
The proposed site plan identifies 9'x18' parking stalls and two
handicapped spaces that have dimensions of 11'x19'. Mound'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
August 8, [989
Page ~
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 confl.icts 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 uses·
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.
RECOHMENDATION: 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 ~lanning Commission meeting.
The applicant shall prepar'e 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
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.
~Appendix B
Docks Se~vln~ Con, nettle1
Property
Docks to serve property located In OIstrIcts B-l, B-2 or B-) shall be permltt¢
only after the Issuance.of a conditional use permit according to Section
Any conditional use permit granted by the Council shall be conditioned as
fo1 lows: '
(1)
The resldentlal property on whlch dockage ls to be located and the
commercial property served shall be In contnon ownership and shall be
located within 300 feet of the property line of the ¢one~erclal property.
(2) The mooring of boats at such dock shall be 11mited 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.
(s)
One sign for Identification will be allowed but It shall not exceed a
total of slx (6) square feet In size.
Ingress and egress from the residential lot shall be restricted to the
property held under common c~v~ershlp 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 requlred to meet and comply with all the standardr
and requirements of the Lake Hinnetonka Conservation Oistrict.
Hlnnesot~ Envl.ronmental Quallt¥ Board Re~ulatlon
It is the intent of this zoning ordinance to comply w.ith all state regulatlon~
relating to environmental concerns, specif, lcally to Chapters 105 and 1160,
Hlnnesota 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 environmental assessment according to HEQB regulations.
If the envlronmental assessment is prepared, all other action on appllcations
shall cease pending ruling from the Hlnnesota Environmental ~uallty Board..
/
lEDGE ~
EASEMENT
TRASH ~''
T
BAR & RESTAURANT
NEW VESTIBULES
H~ He
~RST
~DESPERATO'8'
SPACE
..,.~..__,.; ~~
SITE PLAN
PARKING REQUIREMENTS
180 PEOPLE - ISPACE/3 PEOPLE · 60 SPACES
12. EMPLOYEES' 6 SPACES
TOTAL REQUIRED' 66 SPACES
77 SPACES PROVIDED
DESPERADOS
AN
ENTERTAINING HIDE OUT...
NORTHWEST IMAGE
TY OF
PART III
Case No. _,DC~-~ ~/_.~'
Fee $200.00
CONDITIONAL USE PERMIT APPLICATION
PLANNING & ZONING COMMISSION
(Please type or print the following inf:orm~tion.)
Address of: SubJect Property 4451 Wilshire Boulevard, Moundr MN 55364
Lot 3 through 18 (SEE ATID~2HSD EXHIBIT "A" FOR ~LETE LBGAL). Block 8
Addit ion Avalon's Addition
P I O No. 19-117~23-31-0021
Owner's Name A .ricana.Bank {u .til closing of Day Phone
sale ~o DesperaDo's Lncorpora~ed is
held)
Owner' s. Address 5050 France Ave. So., Edina, MN 55435
920-0120
Applfcant's Name .(if: other than owner) DesDerad6's Inco ~rporate~
Address 701 Fourth Ave. S, Suite 700, Minneapo]~.s Day Phone 339~1290
~st. i hg 'Use:of: Property: vacant - for~. rl¥ Donnie's on the Lake Res%agra~t;
Zoning District B-2, General Business
Has an application ever been made For zoniog, variance, conditional 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~r rezoning from B-3 to B-2 (Case No. 89-813) which w~s approved
by theMound City Council on 5/9/89;'uponinformationandbe!ief, none weremadebyprevi~lS
(Copies of: previous resolutions must accompany this application.) owners.
I certify that all 'of: the above statements and the statements contained in
any required papers or plans to .be' submitted herewith are true and ac-
curate. ! consent to the entry in or upon the premises described in this
application by'any authorized official' of: the City of Mound For the purpose
oF inspecting, or ot: posting', maintai, ning and removing such notices as may
· ' BY:///~~/~- ~,," ,'
/ / / / / / / / / / / / / / / / / / / ?i/ / / / / / / / / / / / / / / / / / / / / / / /
FOR OFFICE USE ONLY:
Planning Commission Recommendation Approved CUP, setback variance, and dock
variance with conditions.
Date 8-14-89
~ncil Action:
Resolution No.
Oate
ITION~L USE PErMIt APPLICATION
Two
C~ NO.
Be
All information requested below, a site plan as described in Part Il,
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 incl~ing
S~r~ay, C~-Sa~e
Current Zoning and Designation in the Future Land Use Plan For
Mound: B-2, Ge~e~a~ B~si~ess
Develo~ment Schedule:
]. 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 (for residential deve]opments only):
Number of st'ructures: N/A
Dwelling'units per structure:
a. number per unit type:
efficiency
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
· Northwesterly 35. feet of..Lot l; the Southea~te~!y 30
feet and the Northeasterly 15 fee~ 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 .......
WI t../IAM M.
JOHN HARprR III, P. A.
THOMAS ~. HUNZtY,£~
~eT~:VrN ~. No~.rK~ W. A.
DUNKLEY, BENNETT & HRISTENSEN, R A.
ATTOI~NE:Y$ AT ~AW
~UIT[ 700
7OI FOURTH AVENUE SOUTH
MINN ~APOLI$~ MIN N ~$OTA
TELEPHONE (~12) 33~-12~0
FAX (~2)
July 25, 1989
I~I~U(:I' H, HA~L[Y
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
($1,000,000) 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.
William M. Dunkley
WMD: bls
Enc.
$0
.\
19
RD
$5
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, Patrlcia Guttormson,
Frederick Guttormson, Peter Glint, Mary C. Ferrell, William 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 Cl~rk
Publish in The Laker - August 28, 1989
PLANNING REPORT ADDENDUM
TO:
FROH:
DATE:
SUBJECT:
City Council and Staff
Mark Koegler, City Planner
September 6, 1989
Operations Permit - Hennepin County and Bill Clark Oil
At the Planning Commission meeting on August 28th, the Commission
recommended that Hennepin County's application for approval of a
conditional use permit for an Interim Truck Routing Station be
converted to an application to establish the Bill Clark Oil Company
site as a Planned Industrial Area (PIA). Establishment of the
property as a PIA which is done by conditional use permit would
allow two principal uses on the industrial site.
Once a PIA is established, the City Council has the authority to
issue Operations Permits. In this case, the Council will need to
issue permits to both the existing oil company business and the new
county operation.
By a majority vote, the Planning Commission recommended approval
of the Interim Truck Routing Station subject to conditions to be
added by the City Council. Suggested conditions include:
Hours of operation shall be limited to 7:30 AM to 3:30
PM, weekdays only. Weekend operations shall be
prohibited.
The total number of trucks using the site shall be
limited to a maximum of fifteen (15) during any 24 hour
period.
Access to the site shall be via Commerce Boulevard and
Lynwood Boulevard only.
All trucks utilizing the routing
licensed by the City of Mound.
station shall be
The Operations Permit shall expire on September 1, 1991
or prior to that time if Hennepin County ceases to use
the site as an Interim Truck Routing Station.
Unloading and transfer
expressly prohibited.
of waste material
shall be
3030 Harbor Lane North Bldg.ll, Suite 104 'Minneapolis, MN. 55447-2175 612/553-1950
Planning Report Addendum
September 6, 1989
Page 2
Use of the property by Hennepin County shall be limited
to the establishment and operation of a temporary use as
an Interim Truck Routing Station.
Based upon the action by the Planning Commission, it is suggested
that the City Council adopt the following motion:
"After review of the issues, the City Council finds that the Bill
Clark Oil Company site is the appropriate location to establish a
Planned Industrial Area for the-purpose of operating the existing
business and establishing a temporary Hennepin County Interim Truck
Routing Station. Staff is directed to prepare resolutions
establishing the Planned Industrial Area, approving an Operations
Permit for the existing Bill Clark Oil Company and approving an
Operations Permit for the Hennepin County Interim Truck Routing
Station. The resolution for the Hennepin County facility shall
incorporate the Planning Commission's recommended conditions as
outlined in the staff report addendum dated September 6, 1989.
Both the oil company and the county shall file applications for
operations permits and shall comply with the site plan submittal
requirements identified in Section 23.6~0.4 of the Mound Zoning
Code."
aT?
CITY of MOUND
PUBLIC HEARING NOTICE
CITY OF MOUND
MOUND, MINNESOTA
5~41 MAYWOOD ROAD
MOUND. MP{NE$OTA 553~4
{612) 472-1155
CASE NO. 89-838
NOTICE OF A PUBLIC HEARING TO CONSIDER A CONDITIONAL USE
AND PLANNED INDUSTRIAL AREA PERMIT FOR AN INTERIM TRUCK
ROUTING STATION IN THE I-I INDUSTRIAL ZONING DISTRICT
LOCATED AT 5501LYNWOOD BOULEVARD, KOEHLER'S ADDITION TO
MOUND, LOTS 35, 36 & 37, PID #13-117-24-33 0039.
NOTICE IS HEREBY GIVEN, that the Ci~y Council of the City of
Mound, Minnesota, will meet in the Council Chambers, 5341 Harwood
Road, at 7:30 p.m. on Tuesday, SeptemOer 12, 1989 to consider the
Issuance of a Conditional Use and Planned Industrial Area Permit
for an Interim Truck Routing Station In the t-1 Industrlai Zoning
District located at 5501Lynwood Boulevard, legally.described as:
Koehler's Addition to Mound, Lots 35, 36 & 37, PID #13-117-
24-33 0039.
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 28, 1989 and September 4, 1989.
!
MINUTES OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMISSION
August 28, 1989
Ce
Case No. 89-838: Hennepfn County~ Dennis Albrecht~ 550!
Lynwood Blvd.? Koehler's Addttlon to Mound? Lots 35~ 36 ~
37~ PID #13-]]7-24-33 0039. CONDITIONAL USE PERMIT (PUBLIC
HEARING).
City Planner, Mark Koegler, reviewed the request ~or a temporary
Interim truck routing station to be established at the Blil Clark
0tl site. Interim truck routing stations are essentially dis-
patching points. When the garbage trucks"'are Eu11, they w111
proceed to a routing station where their loads will be recorded
and then dispatched to an appropriate dtsposal site, either a
waste burning plant or a 1andEt11. No waste material will be
dumped or transEerred at the routing locations. A maximum oE 15
trucks per day is projected for the Mound location.
Koegler Eurther explained that since more than one industrial use
wt11 be on the one site, a Planne~ Industrial Area (PIA) must be
established by Conditional Use Permit. The City Council will
then Issue Operation Permits for each oE the perspective
business~ for that site.
Staff recommended that the Planning Commission recommend that the
City Council approve, a conditional use permit to establish the
Bill Clark OI1 Company property as a Planned Industrial Area.
Such appcoval ts subject to receipt of a site plan Eot the enttre
property in conformance with Sectton 23,620.4 of the Mound Zoning
Code. Pending approval of the PIA, the City Council can approve
an Operations Permit for the routing station with the Inclusion
Planning Commission Hinutes
August 28, 1989
Page Six
of all appropriate conditions. Appropriate conditions may in-
clude items such as limiting the total number of trucks, limtttng
the hours of operation, requiring access to the site to be only
via prescribed routes, limiting use of the routing station to
only waste haulers licensed by the City of Mound, etc.
Chair Meyer opened the public hearing.
Wetland questioned if a Hennepin County employee will be sta-
tioned at the site for eight hours a day to receive 15 trucks or
less per day, stopping for approximately ! minute each. David
Winter of Hennepin County stated that they hope to contract a
BIll Clark Oil employee to route the trucks, if this does not
work, they will have to hire a full time employee. David Winter
Further explained the organization of an interim truck routing
stations.
Frank Blackowiak, Dan Scherer, and Rick Hawkinson are all garbage
haulers in Mound and expressed that they are in favor of the
request.
Chair Meyer closed the public hearing.
Sohns and Andersen expressed that they do not Feel this use
belongs downtown.
MOTION made by smith, seconded by Clapsaddle, to approve
staff recon~endation.
Some of the Commission members questioned the PIA process.
Koegler explained the process, and added that the Operation Per-
mits are approved soley by the City Council.
Thal called For the question. The majority was in Favor $ -
3 with Andersen', Sohns, and Meyer opposing.
Andersen and Sohns agreed that issuing Clark Oil a PlA opens op-
tions for Bill Clark to bring in other uses in the future. Sohns
also commented that he does not Feel this use fits Into his vi-
sion of downtown Mound. He emphasized that a vision for downtown
needs to be created.
Meyer commented that he wanted to further discuss the Issue and
needed Further clarification on P1A's. Weiland agreed with Meyer,
and stated he would .like to Further discuss the issue also.
Weiland moved, Sohns seconded a motion to reconsider the
motion. Motion carried 7 - 2, those oi~sed were Smith
and Jansen.
Planning Commission Minutes
August 28,,.' 1989
Page Seve~-
Koegler further explained that by Ordinance, if there is more
than one use on an industrially zoned property a PIA must be es-
tablished. Any future changes to the PlA are. brought before the
City Councll via Operation Permits.
Sohns stated that he is not in favor o{ granting the PlA because
it could allow other operations and business to occupy the site,
and Planning bodies a~e not Involved tn that clecls~on process.
MOTION made by Smith, seconded by Thal to approve staf~
recoe~nenclatlon. Motion carried 7 - Z (t~ose In favor:
'Weiland, Thai, Meyer, Jansen, Clapsaddle, Smith, and
Htchael; those opposed: Andersen and Sohns).
The Commission reviewed conditions for the Operation Permit such
as hours of operation, time limit on permit, rou~tng, etc. It
was determined these Issues would be address.ecl by the City Coun-
cil.
This case will be heard bY the City Council on September* 12,
1989. 4--
PLANNING REPORT
TO: Planning Commission and Staff
FROM: Mark Koegler, City Planner ~
DATE: August 23, 1989
SUBJECT: Conditional Use Permit
APPLICANT: William G. Clark and Hennepin County
CASE NUMBER: 89-838
VHS FILE NUMBER: 89-310-A25-ZO
LOCATION: 5501 Lynwood Boulevard
EXISTING ZONING: Industrial (I-1)
COMPREHENSIVE PLAN: Industrial
BACKGROUND: Economics and environmental issues are changing the
ways that solid waste (garbage) is collected, processed and/or
dumped. Hennepin County is in the process of opening a waste
burning plant in downtown Minneapolis. Fuel for the new pla.nt will
come from domestic and business waste collections. A system of
transfer stations in Bloomington, Hopkins, Plymouth and other
cities will serve as area collection points for.garbage haulers to
dump their loads for consolidation and sorting. The complete
system of transfer stations will not be in place for approximately
two more years. Until the system is fully operational, Hennepin
County is establishing a series of "Interim Truck Routing Stations"
to coordinate the efficient routing of garbage haulers.
Interim truck routing stations are essentially dispatching points.
When their trucks are full, waste haulers will proceed to a routing
station where their loads will be recorded and then dispatched to
an appropriate disposal site, either a waste burning plant or a
landfill. Trucks are on-site at the routing station approximately
5 minutes which is the time it takes to handle the procedural paper
work and receive routing instructions. No waste material will be
dumped or transferred at the routing locations.
Hennepin County is requesting conditional use permit approval to
establish a routing station on the Bill Clark Oil Company site on
Lynwood Boulevard. The use would share the existing building with
the Oil Company and possibly the Waconia Ambulance paramedics th-at
3030 Harbor Lane North Bldg.ll, Suite 104 Minneapolis, MN. 55447-2175 612/553-1950
Interim Truck Routing Station
August 23, 1989
Page 2
presently park on the property. According to the County's
proposal, a maximum of 15 trucks per day is projected for the Mound
location. The routing station will operate weekdays from
approximately 7:30 AM to 3:30 PM. Peak activity is expected to
occur form 9:00 AM - 11:00 AM and around mid-afternoon. At the
peak, the County expects 3 trucks during a one hour period.
Lynwood Boulevard presently provides truck access to the oil
company property and to the businesses-in the Balboa building.
Cross streets such as Belmont are not capable of supporting trucks,
particularly during spring weath.er conditions. County Road 110 and
Lynwood Boulevard are capable of providing year round truck access.
The provisions of the I-1 district allow the storage of
transportation equipment by conditional use permit. This provision
seems applicable to the proposed use. Approval of the interim
routing station will require a finding by the Planning Commission
and City Council that the use meets the conditions for granting
conditional use permits. In summary, the finding must be that the
proposed use is not injurious to the use and enjoyment of other
properties in the immediate vicinity.
The proposed use involves a number of issues pertaining to public
safety and' public perception. Regarding safety, approval of the
proposal needs to be accompanied by the finding that the proposed
level of truck traffic will not negatively impact the downtown
area. Lynwood Boulevard presently handles truck traffic generated
from the Clark oil site, the Mound Public Works building and Toro
and other businesses in the Balboa building. An increase of 15
trucks per day will seemingly have very little if any impact on the
surrounding uses.
Public perception of the proposed use is another factor. Garbage
trucks carry a certain stigma. The thought of increased garbage
truck activity in the downtown area is generally not a positive
image. Assessment of the request, however, requires an objective
review of the use. Garbage trucks will not dump loads on the
proposed site and will actually be on the property for a very
limited period of time. If the proposal involved the routing of
floral delivery trucks, the perception of the use may be different.
In actuality, the issues presented would be the same.
Another perception problem stems from a legitimate question of the
need for such a facility. From a layman's perspective, the
proposed system of checking in at an office seems extremely
inefficient in this age of advanced communication. Seemingly,
radio communication or mobile telephones could be used more
efficiently to route vehicles rather than the system being proposed
by the County. Regarding this issue, Mound staff defers to the
expertise of Hennepin County but again, common logic seems to
Interim Truck Routing Station
August 23, 1989
Page 3
indicate that the end objective of routing the vehicles could be
done more efficiently than in the manner proposed.
If the need for the proposed facility on an interim ba~i~ i~
accepted, the routing station on the proposed site would not cause
a substantial negative impact on downtown Mound. Accordingly, the
proposal could be approved by the City. Approval, however, will
need to involve more than the issuance of a conditional use permit.
In the City Attorney's letter dated August 4, 1989, Curt Pearson
raises the issue of more than one principal use on one zoning lot.
This issue is germane to the case and can only be addressed through
the establishment of a Planned Industrial Area for the Clark Oil
site.
Under the Planned Industrial Area (PIA) provisions of the Mound
Zoning Code, it is stated that the purpose of a PIA is to
facilitate the conversion and division of industrial structures
into two or more separate uses in order to promote economical and
efficient land use. Once a PIA is established by conditional use
permit, the City Council issues Operations Permits for each of the
respective businesses. Operation Permits contain specific
conditions.
If the proposed interim truck routing station is to be approved,
the Planning Commission and City Council should convert the present
conditional use permit application to an application for a
conditional use permit to establish the Clark oil site as a Planned
Industrial Area. After approval of the PIA, the City Council could
approve the Operation Permits for both the existing petroleum
business and the routing station. Such an approval could occur
immediately following the establishment of the PIA.
RECOMMENDATION: Staff recommends that the Planning Commission
recommend that the City Council approve a conditional use permit
to establish the Bill Clark Oil Company property as a Planned
Industrial Area. Such approval is subject to receipt of a site
plan for the entire property in conformance with Section 23.620.4
of the Mound Zoning C. ode.
Pending approval of the PIA, the City Council can approve an
Operations Permit for the routing station with the inclusion of all
appropriate conditions. Appropriate conditions may include items
such as limiting the total number of trucks, limiting the hours of
operation, requiring access to the site to be only via prescribed
routes, limiting use of the routing station to only waste haulers
licensed by the City of Mound, etc.
CITY of MOUND
5341 MAYWOOD ROAD
MOUND. MINNESOTA 55364
(612) 472-1155
CITY OF MOUND
MOUND, MINNESOTA
CASE NO. 89-838
INFORMAL NOTICE TO CONSIDER A CONDITIONAL USE PERMIT AND
A PLANNED INDUSTRIAL AREA PERMIT FOR AN INTERIM TRUCK
ROUTING STATION IN '['HE l-I INDUSTRIAL ZONING DISTRICT
LOCATED AT 5501 LYNWOOD BOULEVARD, KOEHLER'S ADDITION TO
MOUND, LOTS 35, 36 & 37, PID #13-117-24-33 0039.
NOTICE IS HEREBY GIVEN, that the Planning and Zoning Commission
of the City of Mound, Minnesota, will meet in the Council Cham-
bers, 5341 Maywood Road, at 7:30 p.m. on Monday, August 28, 1989
to consider the issuance of a Conditional Use Permit and a
Planned industrial Area Permit For an Interim Truck Routing Sta-
tion in the I-1 Industrial Zoning District located at 5501 Lyn-
wood Boulevard, legally described as:
( Koehler's Addition to Mound, Lots 35, 36 & 37, PID #13-
117-24-33 0039.
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 8-18-89.
TY OF MOUND
PART III
Fee
CONDITIONAL USE PERMIT APPLICATION
Date Flied
$200.00
PLANNING & ZONING COMMISSION
(Please type or print the following information.)
Address of Subject Property. 5501 Lynw00d Boulevard
Lot 35, 36, 37 Block
Addition Koehler's Addition to Mound PlO No. 13 117 24 33 0039
Owner's Name William G. Clark Day Phone 934-2837
Owner's. Address 6300 Carlson Dr., Eden Prairie, MN 55346
Appltcant' s Name ,(~f.pther tl~n.qwner.) Attention: . wln~er or u. A~Drecn~
Address 320 Washington Ave. So. Hopkins, MN 55343 Day Phone
isting .Use of Property: Petroleum Products Distribution
Zoning District I 1 Industrial
County o.f Hennepin
935-3381
Has an application ever been made for zoning, variance, conditional use
permit, or other zoning procedure for this property? .yes / no . If yes,
list date(s) of application, action taken, .and provide resolution number(s)
No
(Copies of previous resolutioos must accompany this application.)
I certify that all 'of the above statements and the' statements contained in
any required papers or plans to be' submitted herewith are true and ac-
curate. I consent to the entry tn or upon the premises described in this
application by'any authorized official of the City of Mound for the purpose
of Inspecting, or of posting, maintain~pg and removing such notices as may
be required by law~,,~4 [}~ ~,,~'~,~
APplicant's o,gnature /% H.C. Director of P.W. Date o~
IIIIIIIIIIIIIIIIIIIil]111'~111111111/11111111111111111111111111111111111111
FOR OFFICE USE ONLY:
Planning Commission Recommendation
Date
il Action:
Resolution No.
Date
CONDITIONA;L USE PERMIT APPLICATION
Page Two
Case No.
ke
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 ts requested:
I. Conditional Use (specify): Interim TWuck Routing Station. See attachment
which describes the project.
e
Current Zoning and Designation in the future Land Use Plan for
Mound: I 1 Industrial
Ce
Development Schedule: No development or construction will be done as part of this
temp0raryr0uting station
I. A development schedule shall be attached to this application
providing reasonQble guarantees for the compl'etion of the pro--
posed development.
2. Estimated cost of the project: $
Density (for residential developments only):
Numben of stlructures:
Dwelling units per structure:
a. number per unit type:
efficiency
2 bedroom
Lot area per dwe11Ing unit:
Total lot area:
I bedroom
3 bedroom
Ee
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.
See Attachment 1 which describes Interim Truck Routing Stations. Since only
approximately 15 waste collection trucks per day will visit the site and spread
throughout the day; no impact is contemplated. The impact is mitigated by the fact
Hennepin~will have ten routing stations throughout the County, so no one station has
too much traffic. Other truck routing stations now in operation have caused no
problems or complaints whatsoever.
PROJECT CONCEPT PLaN FOR INTerIM ~RUCK ROUTING STATIONS
Hennepin County is establishing a network of interim truck routing stations
as part of its system of waste burning plants. There will be abcut 10 truck
routing stations. They will be located around the County in order to be
convenient to all waste haulers in the County.
At these interim truck routing stations ga '~age t_~cks in ~he Co-unty will
check in with their loads. There they will be quickly recorded and
dispatched to where the waste can best be disposed of on that particular day
- most likely to a waste burning plant. If the barn plants have received all
the waste they can handle for a particular day, the garbage trucks will be
routed to a remote landfill. Without these interim truck routing stations,
too many garbage collection trucks w%ll show up at the burn plants and will
then have to be tuJned a%.ay. This will cause unacceptable additional driving
time by waste collection trucks and unacceptable traffic problems,
particularly at the burn plant in dcwntc~nMinneapolis.
The interim truck routing stations need to start operating in mid-1989, the
time the waste burning plants will be operating. Hennepin County's solid
waste designation ordinance will go into effect at that time and will require
that all solid waste generated in the County must be deliver.e~ by garbage
collectors to locations specified by the County so it can be routed to the
waste burning plants built for that I~urpose.
When the County's four perma_nent transfer stations are built in the next two
years, the interim truck routing stations will be p ,~ out. At the
~erm~nent transfer stations the garbage collection trucks will be able to tip
their loads rather than be rerouted to another locati~. At these transfer
sta~icns the waste will then be transferred to semi trucks for hauling to one
of the burn plants or possibly to a landfill. (By the time the permanent
transfer stations are operating the burn plants should be operating at full
capacity. Solid waste will then be landfilled only during periods of high
waste generation - spring and fall, and during times when the burn plants are
down for plant maintenance and repair.)
Most of the interim truck routing stations in Hennepin c~x~ld be phased out in
mid-1990 when the Bloomington and Brooklyn Park transfer stations are
completed and operating. The remaining interim truck routing stations should
be phased out when the Plymouth and the Scuth Minneapolis permanent transfer
stations are built.
It should be emphasized that at the interim truck routing stations waste
collection trucks will not dump their loads of waste. They will only report
to these stations where their loads will be recorded and then dispatched to a
disposal site.
Because of certain legal and other requirements a network of truck routing
stations is a necessary short term need. The main purpose of the truck
routing stations is to have places where waste collection trucks can enter
the County system; where the County can take possession of the waste; and
then route it to the final disposal ooint - burn plant or landfill - best
able to handle the load of 'waste on ~ny particular day.
A. THOMAS WURST, P.A.
CURTIS A. PEARSON, P.A.
dAMES D. I_ARSON, P.A.
THOMAS F. UNDERWOOD, P.A.
CRAIG H. HERTZ
LAW OFFICES
WURST, PEARSON, LARSON, UNDERWOOD & MERTZ
IIOO FIRST BANK PLACE WEST
MINNEAPOLIS, MINNESOTA 55402
August 4, 1989
Mr. Ed Shukle, City Manager
City of Mound
5341 Maywood Road
Mound, MN 55364
REC'D AUG ? 1989
TELEPHONE
[61~)) 338,-,4~00
F'AX NUMBER
(6}=~) 338-26Z5
Re: Hennepin Count~ - Garbage Truck
Routing Station
Dear Ed:
I am in receipt of your letter of August 1, 1989, with an
enclosed letter from Hennepin County proposing to establish an
interim truck routing station in the City of Mound. It is my
understanding that that proposal would locate a rou~ing station
routing garbage trucks to the Bill Clark Oil Co. location in the
City of Mound. In an initial discussion of this matter, I in-
dicated to you that I believe this proposal has several problems
as it relates to the zoning ordinance.
Based upon the above facts, you have asked me to respond
to the question, is this use permitted in the I-1 district as
either a permitted or a conditional use? I have talked with Mark
Koegler, and we have reviewed Section 23.640 of the Mound Zoning
Ordinance. This section relates to the light industrial district.
I called Fran and she indicated that as far as she can ascertain,
that is the zoning on the property.
There is nothing in our zoning ordinance or, so far as I
know, any zoning ordinance that talks about a ,truck routing
station." In reviewing the ordinance, I do not believe this is
a permitted use in the I-1 district. Looking at the conditional
uses for this district, one could reasonably argue that the County
should be allowed to apply for a conditional use under the assembly/
storage of transportation equipment provision. The Planning
Commission and the City Council would then have to ascertain if
they believe it fits within that definition of the ordinance.
WURST~ PEAR$ON~ LARSON~ UNDERWOOD & MERTZ
Page 2
Mr. Ed Shukle, City Manager
August 4, 1989
In addition to the question as to whether it is allowed as
a conditional use, we also have the fact that you are now using
one site for more than one principal use. You are referred to
the Zoning Ordinance, Section 23.302, Subsections 86 and 114,
which defines a principal use, and this should be studied by the
City Planner. If we have an oil distribution center on the property
now, the addition of a truck routi~'g station would place two prin-
cipal uses on the same property. 'ibis would pose an additional
problem and would probably require them to apply for a Planned
Industrial Area Permit under Section 23.650.
Therefore, based upon the above facts and the status of the
ordinance, Mr. Koegler and I would recommend that if the County
is to pursue this, they make application for a conditional use
permit and/or a permit under Section 23.650. I think the City
Planner should be consulted before they file their application.
He can review the zoning ordinance and give them guidance in com-
pleting their application. The Planning Commission and the Council
can then hold public hearings and determine if this is a proper
use and what conditions they would impose if it were allowed in
the area.
CAP:lh
cc: Mr. Mark Koegler
Mayor and Council
Very truly yours,
Curtis A. Pearson
City Attorney
P.S. to Ed Shukle:
Ed, this will confirm our telephone conversation of 8/3/89.
I think it is premature to have this on the Council agenda until
it has gone through the process. The County is subject to City
ordinances just as anyone else and they should follow all the
proper zoning procedures.
/
C.A.P.
August 4, 1989
RE(::'D ,AUG ? 1989
Greg Weinand, Director
Waconia Ambulance
500 South Maple Street
Waconia, Mn 55387
Dear Mr. Weina~d~
Effective September 1, 1989 rent for a portion of the office
area at 5501Lynwood Blvd., in the City of Mound will be $150.00
per month. Rent is due and payable on the 1st of each month
commencing September 1, 1989.
We will continue to be responsible for the heat and water. Your
responsibility will continue to be the electricity and garbage.
It has been our pleasure to have provided you a home on a no
rental 'basis the past 15 months. -~
Our reason for changing our rental figure from $0.00 to $150.00
per mOnth is precipitated by the treatment received from Mound
City Hall.
I am sure the City Manager of Mound can locate you a equal or
better location for less than the no rent basis you enjoyed with
US.
Since~re. 1~,, ~~~ ~~'"~
Bill Clark
Local (612) 934-2837
(800) 231-9200
BUREAU OF PUBLIC SERVICE
320 WashingtonAv, South
Hopkins, Minnesota 55343
935-3381
3uly 27, 1989
Ed Shukle, City Manager
534I Maywood Road
Mound, MN 55364
Subject' Hennepin County Interim Truck Routing Station at the Bill Clark Oil
Company in the City of Mound.
Attachment: 1. Concept Plan for Interim Truck Routing Station
Dear Mr. Shukle:
Hennepin County plans to establish an interim truck routing station at the Bill
Clark Oil Company in the City of Mound. Attachment i explains the purpose of
interim truck routing stations and how they operate.
The key elements of an interim truck routing station at the Bill Clark Oil Co.
are as follows:
A County employee will be located in the small office building on the
site. When a garbage collection truck enters the site the employee will
issue the truck driver a routing slip directing the garbage truck to a
specific destination.
The site will be open for garbage trucks from 7:30 AM to 3:30 PM, Monday
through Friday.
- Ongoing operations of the oil company would continue as normal.
Hennepin estimates.approximately fifteen garbage trucks per day will visit
the site and will probably be well spaced throughout the eight hour
period. With this low traffic volume and the fact that each truck
routing transaction only takes one minute, there will seldom, if ever, be
more than one truck at the site'at any time.
This routing station is temporary and will operate as a routi.ng station
for one to two years until the County's solid waste transfer stations are
built.
All trucks will be single and double-axle waste collection trucks. No
tractor/trailer rigs will visit the site.
HENNEPIN COUNTY
on equol oppodunify employer
There will not be any dumping or transferring of waste from one truck to
another at this site, only truck recording and routing.
Trucks visiting the site will have normal mixed municipal solid waste.
There will be no trucks with hazardous waste loads of any type.
No trucks will be stored at the site or allowed to stop for minor repairs,
phone calls, or for any reason.
Please contact me at 935-3381 extension 241 if.you have any questions..
Naturally, I and other County representatives are available to discuss this
further at your convenience.
Si~erely,
attachment
cc: Vern Genzlinger
Patrick Murphy
............. Luther Nelson
Bill Clark
Attachment 1
PROJECT CONCEPT PLAN FOR INTERIM TRUCK ROUTING STATIONS
Hennepln County is establishing a network of interim truck routing stations
as part of its system of waste burning plants. There will be about 10 truck
routing stations. They will be located around the County in order to be
convenient to all waste haulers in the County.
At these interim truck routing stations garbage trucks in the County will
check in with their loads. There they will be quickly recorded and
dispatched to where the waste can best be disposed of on that particular day
- most likely to a waste burning plant. If the burn plants have received all
the waste they can handle for a particular day, the garbage trucks will be
routed to a remote landfill. Without these interim truck routing stations,
too many garbage collection trucks will show up at the burn plants and will
then have to be turned away. This will cause unacceptable additional driving
time by waste collection trucks and unacceptable traffic problems,
particularly at the burn plant in downtown Minneapolis.
The interim truck routing stations need to start operating in mid-1989, the
time the waste burning plants will be operating. Hennepin County's solid
waste designation ordinance will go into effect at that time and will require
that all solid waste generated in the County must be delivered by garbage
collectors to locations specified by the County so it can be r6uted to the
waste burning plants built for that purpose.
When the County's four permanent transfer stations are built in the next two
years, the interim truck routing stations will be phased out. At the
permanent transfer stations the garbage collection trucks will be able to tip
their loads rather than be rerouted to another location. At these transfer
stations the waste will then be transferred to semi trucks for hauling to one
of the burn plants or possibly to a landfill. (By the time the permanent
transfer stations are operating the burn plants should be operating at full
capacity. Solid waste will then be landfilled only during periods of high
waste generation - spring and fall, and during times when the burn plants are
down for plant maintenance and repair.)
Most of the interim truck routing stations in Hennepin could be phased out in
mid-1990 when the Bloomington and Brooklyn Park transfer stations are
completed and operating. The remaining interim truck routing stations should
be phased out~..~en ~he Pl~aouth and the South Minneapolis permanent transfer
stations are built.
It should be emphasized that at the interim truck routing stations waste
collection trucks will not dump their loads of waste. They will only report
to these stations where their loads will be recorded and then dispatched to a
disposal site.
Because of certain legal and other requirements a network of truck routing
stations is a necessary short term need. The main purpose of the truck
routing stations is to have places where waste collection trucks can enter
the County system; where the County can take possession of the w~ste; and
then route it to the final disposal point - burn plant or landfill - best
able to handle the load of waste on any particular day.
May 26, lgSg
TO:
FROM:
MAYOR AND CITY COUNC'IL
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 th.e 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:Is
enc
¢IT~ OF MOUND '
A REPORT TO THE CITI COUNCIL
ON THE FUTURE EXPANSION OF CITI HALL
PREPARED BY
THE CITIZEN'S TASK FORCE ON PUBLIC FACILfTIES
JUNE 1, 1989
TABLE OF ¢ORTENT$
LETTER OF TRANSMITTAL
LIST OF EXHIBITS
INTRODUCTION
ASSESSMENT OF NEED
STRATEGIES TO RESOLVE NEED
CON CLUS!ON/RE COMME NDAT ION
.EXHIBITS
A - F
CITY of MOUND
,5341 LU, YWOOD ROAD
MOUND. MINNESOTA
(612) 472-1155
JUNE 1, 1989
MAYOR'AND- MEMBERS OF THE CITY COUNCIL
CITY OF MOUND, MINNESOTA
Dear Mayor and City Council:
P. resented herein is a report on the future expansion 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
~---'~-': .... :.also' 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 thoroughly
prior to the joint meeting of the Task Force and 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,
P. at Meisel
Chairperson
Stan Drahos
Bob Mot gan
Jerry Tasa
Bill Thal
Bob Tom'alka
City Staff:
Jan Bertrand, Building Official
Jim Fackler, Parks Director
Len Harrell, Police Chief
Ed Shukle, City Manager
L. e~,,~,) eta-~nriunitv Em:loYer fha! does not discriminate on the =aais of race, COiCr. r.a'.i:'a: c'~,-"t., C, hanC$iCaD~e: '.~atuS
LIST OF EXHIBITS
A ... Site Plan dated April 1~, 1989
B ... Lower Levels, including Present Basememt
Level, Presen% Police Depar~en% 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 1~,
1989 and Revised April 27, 1989
D ... Upper Levels including Present City Offices
Level, Present Council Chambers Level- and
East End Addition dated April 1~, 1989 and
Revised April 27, 1989
E ... Elevations dated April 14, 1989 and Revised
April 27, 1989
F ... 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 ~ould like to
establish a citizens task force on the future expansion 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 recommendltion made within
one year. They basically foll'owed 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
as an arm to the City Council and working 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
..~:'fr'o~"'the staff that would pr. ovide background to the task force
regarding the city hall facility and fire station. Included in
this information was:
3.
4.
5.
Operation and maintenance costs for the city .hall and
fire station·
Handicap accessibility requirements for public
buildings.
Existing plans for city halI·
What the city staff would like to see regarding their
space needs and requirements·
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 Hail, 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~' x $0', at an
estimated cost of $121,000.
Background
of Facility
ASSESSME~"r OF NEED
The C'ity 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 House of Moy Restaurant.
City hall 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.
.Over''~ the years, the facility ,A~S 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:
1. Structural defects - handicapped accessibility
2. Sound Control
3. Mechanical system
4. Skylight breakage ~°
5, Window leakage
6, Fogging and dirt between double gl~zed windows
7, Ceda? siding expansion/contraction
· 8, Weight capacity as it pertains to file storage
9, Fire sprinkling system
10. Alarm/security system
11. Exit lights ~
12. Redecorating - ceramic tile, carpet and mop boards
13. Emergency operating equipment
14. Office space shortage - poor office design and space
requirements for existing staff and any future
additions to staff
15, Computer room
16, Conference rooms
17, Council Chamber.s
18, File storage
19, Employee lounge
20, Lower parking lot improvements
21. Steepness of driveway
-4-
22.
2~.
Landscaping
~olice Department ·
- structural defects (handicapped accessibility, sound
control 'and security)
- office space shortage
investigator/sergeants offices
- property area
- files
- risk free booking area
- conference room
- "quiet room"
- holding cell'
- sallypor't
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 Force 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
-. "' 4 ~-
~;! ..'~;:..:.:~antzen, architect w~h M.cC~.,,~s Frank ~bos. Steve had been 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 various options so that
ideas could be put on paper and analyzed. He was a~sisted by
John Cameron, City Engineer.
STRATEGIES TO RESOLYE 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
giYen 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 hall 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.!ded %he best op~ion.
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 amount of remodeling that would
have to be done to the existing facility·
The site plan provided 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
approximately 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 resolve 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 ss well as
new space added from the addition would provide
additional storage areas.
Sound control measures would be utilized in order to
reduce the noise level of the building·
11.
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 meeting
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.
-6-
13.
1~4.
The building would be brought up to code.
~uture expansion space-is also included within the
conceptual plan.
Some of the ideas that were put into the east end plan were
concepts which the task force had seen utilized at South Lake
Minnetonka's new public safety building in Excelsior and the City
of Chaska's police facility. The task force had 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 poli6e 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 task force fel"t 'it ~'as' 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 task force has reviewed
these p. lans with the City Council. This was done at the task
force meeting held on May ~, 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 Hf the existing
facility as it presently stands is 4120 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 square feet. The architect has used the square
footage cost of $80 .per square foot o~ the new addition and a
s'li'ghtly less figure on the remodeling of the existing space.
As you cch see, the preliminary cost estimate for the addition
totals $486,734. The preliminary cost estimate for the city hall
remodeling is $216,770 for a total of $703,504.
Financing
We have identified basically two methods by which 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-
have t° be taken in order to get approval to go ahead wi.~h the
pro,eot. ~ased upon recent re~eren6ums w~th ~.e.. ~%~'Of ~Un6
public works fsell!ty and school dlstrlet.,ete., the tssk force
woul~ not reoo~en~ the b'on~ issue financing method.
The staff has suggested to the task force and hss 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/RECOMKENDATIOI{
As h~'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 materials, 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.
The 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 broken for the
project in the spring of 1990, with occupancy in the fall of
1 990.
The City Council is requested to give the Task Force's
reaommendations serious consideration. If the City Council has
any questions, please feel free to contact any member of the Task
Force or City Staff.
Z
mil
McCombs Frank Roos Associates, Inc.
Twin Cities St. Cloud
15050 23rd Ave. N. Telephone Engineers
Plymouth, MN 612/476-6010 Planners
5,5447 Facsimile Surveyors
612/476-8532
July 25, 1989
Mr. 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 ~hanges 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 al_ the total project cost is for the mlevator ~and $92.000 is site
work. If these two items are excluded, the total project cos~ becomes
$369,000, which works out to approximately $70~0~~ 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 Oppodunity 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 iow, 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,
SJ:aju
Enclosures
McCOMBS FRANK R00S ASSOCIATES, INC.
MOUND CITY HALL EXPANSION
PRELIMINARY C0ST ESTIMATE
City Hall Addition
1. Building
2. Site Work
SUBTOTAL
Contingencies (10%)
TOTAL ESTIMATED CONSTRUCTION COST
Construct/on 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
392,000.00
76,000.00
468,000.00
46,800.00
514,8oo.oo
15,444.oo
46,332.00
$ 576,576.00
50,000.00
26,000.00
21,000.00
23,000.00
11,000.00
15,ooo.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
TOTAL PROJECT COST MOUND CITY HALL EXPANSION
886,064.00
Revised 07/t9/89~l~
CITY of MOUND
534! MAYWOOD ROAD
MOUN~. MINNESOTA 55364
t612) 472-1155
CASE NO. 89-836
TO: Planning Commission, Appi lcant and Staff
FROM: Jan Bertrand, Butldlng OFficial
DATE: Planning Commission Agenda of September 11, 1989
CASE NO.: 89-836
APPLICANT:
Charles L. Regenfuss
LOCATION: 6201Bayrtdge Road
LEGAL DESCRIPTION:
Halstead Acres 2nd Addition, Lot 4, Block 1,
PID #23-ti7-24-33 0015
SUBJECT: Revised Request: Front Yard Setback Variance of 17.7'
EXISTING ZONING: R-I Single Family Residential
COMPREHENSIVE PLAN: Residential
PROPOSAL: The requested variance was tabled From the August 28,
1989 Commission meeting after lengthy discussion. The applicant
has reduced ts proposal from a 24' x 24' attached garage to a 18'
x 24' attached garage on the east side of his'. property. The new
proposal is for a 17.7 variance instead of a 23.7 Foot variance.
RECOMMENDATION: IF the Planning Commission deems the hardship
sufficient under the criteria For'granting a variance, Section
23.506.1, staff would recommend approval due to topography and
forestation upon the condition the driveway access remain From
the Bayrldge Road right-of-way.
Planning Commission Minutes
5emtember Il, 1989
be
Case No. 89-836: Charles Reqenfuss, 6201 Bayridge ~
Halstead Acres 2nd Addition, Lot 4, Block 1, PID #23-117-24-
33 0015. FRONT YARD SETBACK VARIANCE.
This case was tabled from the August 28th Planning Commission
meeting to allow the applicant the opportunity to revise his
plans and request For a variance. The applicant has changed the
proposed attached garage size from 24' x 24' to 18' x 24' The
proposed setback variance, therefore, changes from 23.7 to 17.7
feet. Bertrand noted that the applicant submitted a site plan
with the revised proposed garage addition indicating the location
of trees on the property. In addition, she stated that she
believes the hardwood trees as indicated on the applicant's site
plan, are actually softwood Maple trees.
Staff recommended that if the Planning Commission deems the
hardship sufficient under the criteria for granting a variance,
Section 23.506.1, staff would recommend approval due to topog-
raphy and forestation upon the condition the driveway access
remain From the Bayridge Road right-of-way.
The Commission discussed the possibility of widening County Road
44 in the Future, and if it were done, how wide would they make
it. The applicant stated that if the road was widened, there is
a 4 Foot elevation difference From his property to the road,
therefore, there would have to be a retaining wall at the road.
He also commented on the number of trees that would be lost if
the garage were to be erected on the east side of the home.
Smith agreed that the trees are important, and that aestheti-
cally, the house would look better with.the garage on the west
side. Meyer stated that the neighbors prefer the garage to be on
the west side.
MOTION made by Smith, seconded by Meyer, to approve
staff recommendation for approval due to topography and
Forestation upon the condition the driveway access
remain from the Bayridge Road right-of-way..
densen commented on the existing garage which has a bedroom con-
structed inside it, she believes that this was obviously con-
structed without a building permit, because no-one would
originally construct such a design. She questioned, why can't
the room be removed to allow sufficient garage space? Sohns com-
mented that there are too many alternatives available.
MOTION failed with a 3 - 3 vote. Those in favor were:
Michael, Smith, and Meyer. Those opposed were: Sohns,
Thai, an Jensen.
This case will be heard by the City Council on September 12,
1989.
CERTIFICATE OF SURVEY ~::'~3 o ~9
Prepored for' CH~S .B.~6~/VFIJ~$
RIDGE. 'DRIVE
--.-IZO. OO $89003~"E..-
-. IZZ. S4 SS~°~O'zs''W'''
LEGAL
DESCRIPTION:
Lot 4, Block 1, HALSTEAD ACRES 2ND ADDITION, according to
the [ecorded plat thereof, Hennepin County, Minnesota.
GENERAL NOTES
MINUTES OF A MEETING OF'THE
MOUND ADVISORY PLANNING COMMISSION
August 28, 1989
a®
Case No. 89-836: Charles Reaenfuss, 620! Bayrld~e Road?
Halstead Acres 2nd Addition, Lot 4, Block 1, PID #23-I17-24-
! 33 00]5. FRONT YARD SETBACK VARIANCE.
Buildlng 6Fftclal, Jan Bertrand, reviewed that applicants request
for a setback variance to construct a 24' x 24' one story at-
tached garag~ to the.east side of his property. Recognition of
the existing nonconforming setbacks ts also required, the setback
to the north Bayrtdge 0rive is 28.5 Feet, and to the east Fr~
Westedge ~lvd. is 2?.5 feet, the required setback ts 30 Feet.
'Staff distributed pictures showing that the existing tuckunder
garage partially Includes a framed bedroom area which does not
allow a full two car width garage as it appears from the outside
of the dwelling. Bertrand explained that the applicant wishes
the garage on the east side of the structure due to large trees
on the west side, topography of the lot, and existing lnsuff$-
cient garage space.
Planning CoMmission Mi. nutes
August 28, 1989
Page Two
Bertrand recommended that tF the variance is approved due to the
hardship being trees, a tree Inventory, be taken to determine
which trees have a greater value. IF the Commission deems the
hardship oF topography, a11evlating access From 14estedge Blvd.,
and aFFording the owner reasonable use oF his land to access his
property From the existing driveway, staFF would recommend ap-
proval oF the variance.
· The Commission questioned staff's recommendation For a tree in-
ventory, Bertrand explained that tF the vartance were granted
with the hardship being the trees, she would recommend that a
Forestation Inventory be submitted by a landscape nursery to
determine the value oF the trees.
The Commission' discussed positioning the garage on the west slde
oF the home and real ized there is room on the lot For a conForm-
ing garage (attached or detached) to be placed on the west side.
The applicant, Charles RegenFuss, explained that they. would only
be cutting down one tree on the east side, however on the west
side there are two trees, one poplar and one elm. He explained
'---'.~'~:~'"~::that"the.west side oF his-home is his ii.ving room and he would
have to add a new entrance to the home iF the garage was to be
placed on that side. In addition, he does" not want to glve. the
house an appearance oF a duplex by having garages on both sides
oF the home. The applicant stated that the existing garage stall
is only 8'?" wide and is not usable as a garage, once you get the
car Into the stall, it Is almost impossible to get out oF the
car o
The Commission discussed Further alternatives such as reducing
the appendage and setback oF the proposed addition by adding only
a I-1/2 width garage and combining it with the 'existing 8'7" oE
garage space. Sohns raised the Issue oF the I8 Feet between the
applicants property Itne and the curb, where in actuality, the
proposed garage wtll be 24.3 Feet~ to the curb. Jensen stated
that since Westedge is a County Road there is a good possibility
that the road could be Improved to be wider.
The applicant stated that he does not want to have two driveways,
does not want to have his house appear to be a duplex in a single
Eamtly area, emphasized that there are more trees on the west
side oF the lot that are tS years old or more, and added that a
neighbor two doors down has a garage as close to County Road 44
as he is proposing.
Planning Commission Minutes
AUgu$~ ZS~.
Page Three
MOTION made by Thal, seconded by Sohns to recognize the
existing nonconforming setbacks to Bayrfdge and County
Road 44 In order to allow the applicant ~o construc~ a
conforming garage. If the applicant chooses to revise
his request and return to the Planning Commission, the
varlance.Fee will be waived.
The motion was explained to the applicant. StaEE suggested the
motion Include a recdmmendatl6n to the Council relating to the
appllbants request, either For approval or denial.
Thai amended his motion, and Sohns seconded, to tnclude
'denial oE the setback variance to allow construc~fon of
a Z4'x24' attached garage on the CoUnty Road 44 (west).
side of the dwelling.
The applicant commented that he would like to revf'~e his request
and return to the Plannlng Commlsslon at their next meeting. He
stressed that his ttme was limited due to weather and wanted a
garage by winter. The Commission agreed to hear the revised
request at their SeptembeF llth meeting, and refer the CaSe to
the City Council on September 12th.
Thai moved to withdraw his mobion, Sohns seconded.
MOTION made by Clapsaddle, seconded by Weiland to table
the applicant's request until the September 11, 1989
Planning Commission meeting. Motion carried unanim-
ously.
CITY of MOUND
5341 MAYWOOD ROAD
MOUND. MINNESOTA 55364
{612) 472-1155
CASE NO. 89-836
TO: Planning Commission, Applicant and Staf~f~
FROM: .Jan Bertrand, Building Official ~7~{L~
DATE: Planning Commission Agenda of August ZS,
CASE NO.: 89-836
1989
APPLICANT: Charles L. Regenfuss
LOCATION: 6201Bayridge Road
LEGAL DESCRIPTION: Halstead Acres Znd Addition, Lot--4, 8lock 1,
PID #23-117-24-33 0015
SUBJECT: Front Yard Setback Variance
EXISTING ZONING: R-I 5ingle Fami!y Residential
COMPREHENSIVE PLAN: Residential.
PROPOSAL: The applicant ts requesting a variance to construct a
24' x Z4' one story garage addttlon to the east side of his
property..
The R-I single family zoning dtstrfct requires a minimum lot area
of 10,000 square feet, a 30 foot front yard setback to Westedge
Blvd. and Bayridge Drive, a 10 foot side yard setback to the
west. The existing setback to the north Bayrldge Drive Is 28.5
feet, and to the east from Westedge Blvd. ts 27.5 feet. The lot
area ts 12,000 square feet. "
COMMENTS: When this house was built with the extsttng tuckunder
garage, part of the garage Includes. a framed bedroom area which
does not allow a full two car width garage as tt appears from the
outside of the dwelling. The applicant Is proposing to add this
garage addition, one story, to the east due to large trees on the
other side of the house, topography of the lot, and as the exist-
Ing garage ts too narrow for a vehicle since half of the garage
is llvlng area. The trees on the east side are mainly poplar
trees and are almost of full growth. The yard falls off to the
rear and sides of the lot.
Staff would recommend that a tree inventory be taken of the
property to determine which oF these trees have a greater value.
There is a row of some hard wood trees at the east side of the
property currently. The house is tipped considerably on the lot
for a lakevlew to the south and east sides of the property. If
the garage were placed in another location on the lot, wi. th
conforming setbacks, it would need to be placed on the west side,
Sta66 Recon~endat Ion
Page Two
CASE NO. 89-83~
stepped back considerably, and placed towards the rear o6 the
dwelling as shown on the site plan. If the garage is placed on
the east side of the property, within 6.3 Feet of the 1pt line as
proposed, it would be another 18 Feet to the blacktop surface of
Westedge Blvd. which would visually indicate a 24.3 Foot setback
to the road surface. The lot as it is Falling towards'the south
would necessitate burming the garage on the west side up con-
siderably over the crest of the hi1) to obtain proper drainage
around the garage in that location. IF a garage was added to the
rear of the home, it would be difficult to get vehicle access due
to Westedge Blvd. and the placement of the original structure.
RECOMMENDATION: If the Planning Commission deems the hardshI~ of
topography, alleviating access from Westedge Blvd. and affording
the owner reasonable use of his land to access his property From
the existing driveway sufficient under the criterfarfor granting
of a variance Section 23.506.1 of the Mound Zoning .Ordlnance,
staff would recommend approval of the variance due to the topog-
raphy and that a Forestation inventory be submitted by a
laodscape nurseryr~. .....................
The abutting neighbors have been notified.
This case will be referred to the City Council on September
1989.
CITY OF MOUND
PART II
Fee- $50.00
VARIANCE APPLICATION
PLANNING & ZONING COMHIS$ION
(Please type or print the following information.).
/
Name (f~ other than o~ne~)
Address
"-:-.:-- --Ex-! st ! 'ag :..Use of Prope'(ty:
Day Phone
Has an application ever been made For zoning, variance, co.Q~fttonal use
permit, or other zoning procedure For this'property? yes /~no~. IT yes,
list date(s) oF application, action taken, and provide resolu~r~on number(s)
(Copies oF previous resolutions must accompany this application.)
I certify that all oF the ~bove statements and t~e statements contained in
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
application by any authorized oF~tctal 'oF the City oF Hound For the purpose
oF inspecting, or oF posting, maintaining and removing such notices as may
be required by law.
11111111111111111111111111111111111111111~71111~'!1111111111111111111111111
FOR OFFICE USE ONLYJ
'Planning Commissio~ Recommendation
Council Action:
Resolution No.
Oate
OARIANcE APPLICATION
Does the present use of the property conform to all regulations For
the zoning district in which it is locate~ Yes (/~, No ( >. IF no,
specify each non-conforming use:
Do the existing structures comply with all area, height, bulk, and
setback regulations for the zoning district in w~tch it ts located?
Yes ~, No ( ). If no, specify each non-conforming
use~
Which unique physical characteristics of the subject property prevent
its reasonable use for a~y of the uses permitted tn that zontng
district?
~ too narrow (/~) topography
' · . too sma11 ......... ("). drainage .....
) ..... " "' too shallow ( ) ~hape
( ) soil
(' ) sub-surface
('X) other: spec!
, .... ,/,, y'
~as ghe hardship desc. tfbed above cvea~ed by ~he ac[ton oE anyone
having pvopev~y interests in ~he land aE~ev the zoning ordinance was
adopged? Yes' ( ), No ~. IE yes, explain
· 5.
Was the hardship created by any other man-made change, such as the
relocatt'on of a road? Yes ( ), No (~. If yes, explain
VARIANCE APPLICATION
C~se No.
Are the conditions of hardship for which you request a variance
peculiar only to the property, described tn this petition? Yes
No ~. If no, how many other properties are similarly affected?
Wh~t Im the "minimum" ~dift:~tton (varlan:e) from the mre~, bulk,
setb~=k re~ul~tlon~ that will permit you to mke reasonable u~e of
your landl .(Spe:lfy, u~tng m~pm, s~te plans wttm dtmensIon~ ~nd
ten expl an~tton.
W granting o~:ne variance be ~terfally detrimental to property in
the same zone, or to the enforcement of this ordinance?
PART I I I
SITE PLAN INFORMATION: All supporting documents such as sketch plans,.
attachments~ etc.~ must be submitted tn 8-t/Z"xtt' size. If larger
drawings are submttted~ one must be 8-.1/2"X11", and 15 larger size
copies must be provided. For each requested zoning variance procedure,
astte plan must be attached at a scale large enough for clarity show-
lng the following information=
Location, area, and dimensions of existing and proposed: (Lot(s),
building(s), driveway(s)/street access, off-street' parking, and
utl.lttles.
Existing and proposed elevations.
Distance between: building.and front, side and rear lot linesl
principal building and access'ory butldtngsl principal butldlng
and prinbtpal buildings on adjacent lots.
Location of= signs, easements, underground utilities, etc.
Indicate "north" compass direction.
Any additional Information as rr~y reaspnably be required by he
city staff and applicable sections of the Zoning Ordinance.
I
I
LEGAL DESCRIPTION:
Lot 4, Block 1, HALSTEAD ACRES 2ND ADDITION, according to
the recorded plat thereof, Hennepin County, Minnesota.
GENERAL NOTES
fi.-
iF-
C)
HAZEL'
PROPOSED RESOLUTION
Case No. 89-839
RESOLUTION ~89-
RESOLUTION TO RECOGNIZE AN EXISTING NONCONFORMING STRUCTURE
TO ALLOW STRUCTURAL MODIFICATIONS FOR
LOT 4, BLOCK l, MOUND TERRACE
PID #14-117-24-32 0004 (6224. RED OAK ROAD)
P&Z CASE NO. 89-839
WHEREAS, the applicant has applied for a variance to recog-
nize an existing nonconforming side yard setback of 4 feet to the
principal building to allow construction of a 8' x 14' two story
conforming addition for Lot 4, Block I, Mound Terrace, PID #14-
117-24-32 0004, and
WHEREAS, the subject property is located within the R-2
Single Family Zoning District which according to the City Code
requires a 6 foot side yard setbacks, and
WHEREAS, Section 23.404, Subdivision (8) provides that al-
terations 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.
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 west side property line
of 4 Feet for Lot 4, Block l, Mound Terrace, PID #14-117-24-
32 00O4.
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, sub.ject to all of the provisions and
restrictions of Section 23.404.
PROPOSED RESOLUTION
Page Two
Case No. 89-839
e
It is determined that the ltvability 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 lanO:
To construct an 8' x 14' two story addition at the
lakeside of the dwelling with conforming setbacks.
This variance is granted for the following legally described
property:
Lot 4, Block I, Mound Terrace, PID #14-117-24-
32 0004.
This variance shall be recorded with the County Recorder or
the Registrar of Titles in Hennepin County puffsuant 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.
·
MINUTES OF A MEETING OF'THE
MOUND ADVISORY PLANNING COMMISSION
August 28, ]989
de
Case No. 89-839: Roy Ha~en, 6224 Red Oak Road, Mound Ter-
race, Lot 47 Block l, rID #14-117-2~-32 0004. VARIANCES EX-
ISTING NONCONFORMING SIDE YARD SETBACK.
Building Official, Jan Bertrand, reviewed the applicants request
to recognize an existing 4 foot side yard setback to allow con-
struction of a 8' x 14' conforming addition to the lakeside of
the home.
Staff recommended approval of the Z foot 'side yard setback
variance to afford the owner reasonable use of .his property and
waived the survey requirements since the neighboring properties
have surveys showing his dwel]Ing, setbacks, all property markers
are clearly .marked, and the valuation of this addition is mfntmal
to'the overall dwe11Ing.
MOTION made by Wetland, seconded by Andersen to approve
staff recommendation. Motion carried unanimously.
This case will be heard by the City Counctl on September 12,
t989.
CITY of MOUND
5341 MAYWOOD ROAD
MOUND MINNESOTA 55364
',612) 472-1155
CASE NO. 89-839
TO: Planning Commission, Appliqant and Staff
FROM: dan Bertrand, Building Official ~_
DATE: Planning Commission Agenda of August 28, 1989
CASE NO.: 89-839
APPLICANT: Roy Hagen
LOCATION: 6224 Red Oak Road
LEGAL DESCRIPTION:
Lot 4, Block I, Mound Terrace
PID #14-117-24-32 0004
SUBJECT:
Variance to Recognize an Existing Nonconforming Side
Yard Setback
EXISTING ZONING: R-2 Single Family Residential
PROPOSAL: The applicant is requesting a variance to allow an 8'
x I4' two story addition to a nonconforming structure. The ex-
isting dwelling is 4 Feet to the west property line. There are
surveys indicating this structure's setbacks on both of the
neighboring surveys. The applicant does not have a survey of his
property.
COMMENTS: The R-2 zoning district requires a 6 foot side yard
setbacks for lots of ~ecord with a garage, 50 Foot lakeshore set-
back from the Ordinary High Water elevation of 939.2, and a 20
Foot Front yard setback to Red Oak Road. The present structure
is conforming except for the west 4 Foot side yard.
RECOMMENDATION: To afford the owner reasonable use of his
property, staff recommends approval of the 8' x 14' two story ad-
dition with conforming setbacks and a waiver of the survey From
the neighboring property and the valuation of this addition is
minimal to the overall dwelling.
The abutting neighbors have been notified.
This case will be referred to the City Council on September 12,
1989.
,i
!TI' OF MOUNO
PART II
Case No. ~'~ F-~¢
Date Filed.
F Fee $50.00
VARIANCE APPLICATION
PLANNING & ZONING COMMISSION
(P,ease type or prtnt the fo, ,o~::orrn~ti~~~/
Address of Subject Property., g _~ ~)~ (7~ '
B 1 ock
Applicant's Name (If other than owner)
Address
Use OF Property:
Day Phone
permit, or other zoning procedure for this property? yes/-¢"~-~)' If yes,
list date(s) of application, action taken, and provide resolut'~on number(s)
(Copies of previous resolutions must accompany this application.)
I certify that all of the above statements and the statements contained in
any required papers or plans to be submitted herewith are true and ac-
curate. I consent to the entry in or upon the premises described in this
application by any authorized official oF the City of Mound for the purpose
of inspecting, or oF posting, maintaining and removing such notices as may
. . be required by law. ~
////////////////////////////YM//////////////////////////////~///7/I///////
FOR OFFICE USE ONLY:
Planning Commisstoa Recommendation
Date
tl Action:
Resolution No.
Date
VARIANCE APPLICATION
C~ase No.
Does the present use of the property conform to all regulations for
the zoning district in which it is located? Yes (~), No (). IF no,
specify each non-conforming useJ
Do the existing structures co~ply with ali area,, height, bulk, and
setback regulations for the zontng district in which it ts located?
Which unique physical charactertstfcs of the subject property prevent
its reasonable use for any of the uses permitted in that zoning
district?
( ) too narrow
) too sma 1 !
) too shallo~
( ) topography ( ) soil
( ). drainage ( ) sub-surface
( ) shape ( ) other~ specify
Was the hardship described above created by the action of anyone
having propert~rlnterests 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
relocation of a road? Yes (), No (X)- If yes, explain
lANCE APPLICATION
Case No.
Are the conditions o~ hardship ~or which you request a variance
peculiar only to the property aescrfbed in this.petition? Yes (
No (~). If no, ho~ many other properties are similarly affected/
What is the "minimum" modtfica, tton (variance) from the area, bulk, and
setback regulations that wlll permit you to make reasonable use of
your land? (Specify, using maps, site plans with dimensions and writ-
ten explanat!on.
~iil gran~tng oE th~ varfance b~ ~a~erlally datrlmen~al ~ pr~per~y tn
the same zone, or to the enforcement o¢ this ordinance?
J®
PART I I I
SITE PLAN INFORMATION: All supporting documents such as sketch plans,
attachments? etc., must be submitted in 8-1/Z"xll" size. IE larger
drawings are submitted, one must be 8-1/2"x11", 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-
lng the following information:
Location, area, and dimensions of existing and proposed: (Lot(s),
building(s), driveway(si/street access, off-street parking, and
utilities.
Existing and proposed elevations.
Distance between: building and front, slue and rear lot lines;
principal building and accessory buildings; principal building
and prindipal buildings on adjacent lots.
Location of: signs, easements, underground utilities, etc.
Indicate "north" compass direction.
Any additional information as may reasonably be required by the
city staff and applicable sections of the Zoning Ordinance·
/.loose
(Shore//ne March ~$, Iq~4
I
I
'. A
/qb/er
I
!
' hvc/¢ : $0 'F~cr
/Vo~e: l~a/~r oho~ .,%~'~ ,,o..
ta~o t~oo~ '/~$ ,~u/'//a "/Or. -~
$choel! ~ P'/oo'aon~/nc. o'o, _ d
8/7;-.
-. I
'1
'1
¢
t
PROPOSED INFOR~ATION
,, 74~0 Is% FLOOR ELEV.
- =D~[N~GE 9o0. o =~x~T. EL~V.
£EVISED /~ - ~ . ~ ~
SCHOBORG
INC.
972,32~t O~o. MN 55328
94~. ~ GARAGE FLOOR ELEV.
BASEMENT ELEV. ~ .TOP BLOCK ELEV.
(900.0) =PROPOSED ELEV. '~o'g$ =~5T. & PROPOSED ELEV.
I hereby certify that this is a true. and
correct representation of a survey of the
bo~rie, of LOT' ~, ~L~?~K t~
. /'DO~4/,,'D "?'F,,~i~,ec£ ,
~'A/. County, ~nnesota. Surveyed by
TCH
LAKE
" I
37
,5
4¸2
36 \
39
PARK
<2
54
Attn: Ed Shukel and Fran Clark
RE: Minor Subdivision/variance
Sandra Konnad/Jack cook
9-12-89
Several months ago Jack and I discussed the fact that there was a
possibility that I would sell him a small portion of land. At that
time I told Jack that I was working with my mortgage company regarding
another matter, and I couldn't discuss anything with him until that
matter was resolved.
Since that time Jack has had the lot surveyed and subdivided without
any further discussion with me.
At this time I have not approved a subdivision or anything else with
Jack.
Sincerely,
Sandra Konnad
Proposed Resolution
Case No. 89-809
RESOLUTION ~89-
RESOLUTION TO APPROVE A MINOR SUBDIVISION FOR LOTS 2 AND 3
BLOCK 1, AVALON, PID ~13-117-23 24 0002 AND DENIAL OF
A SIDE YARD SETBACK VARIANCE FOR A DECK ON LOT 2, BLOCK 1
AVALON, PID #13-117-23 24 0002 (4452 DENBIGH ROAD)
PLANNING AND ZONING CASE NO. 89-809.
WHEREAS, the applicant has requested a five foot side yard
setback variance for an elevated deck structure and a minor
subdivision involving Lots 2 and 3, Block 1, Avalon, PID #13-117-
23 24 0002 and the minor subdivision request has been-submitted in
the manner required for platting of land under the City of Mound's
Code of Ordinances, Section 330 and under Chapter 462 of the
Minnesota State Statutes and all proceedings have been duly
conducted thereunder; and
WHEREAS, an application to waive the subdivision requirements
contained in Section 330 of the City Code has been filed with the
City of Mound; and
WHEREAS, the variance request and request
subdivision requirements have been reviewed by
Commission and City Council; and
for waiver of
the Planning
WHEREAS, Section 23.506.1 (3) of the Mound City Code states
that variances may be granted only in the event "That the~special
conditions or circumstances do not result from'the actions of the
applicant" and that in this case, the applicant constructed the
deck that now requires a variance prior to obtaining a building
permit or variance approval resulting in a finding by the Planning
Commission that the requested variance is solely due to the actions
of the applicant; and
WHEREAS, it has been determined that there are special
circumstances affecting said property such that strict application
of the subdivision ordinance would deprive the applicant of the
reasonable use of his land; and that the waiver is necessary for
the preservation and enjoyment of a substantial property right; and
that granting the waiver is not detrimental to the public welfare
or injurious to the other property owners.
Proposed Resolution
Case No. 89-809
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Mound, Minnesota:
The request for the side yard setback variance is hereby
denied due to the finding that the request is inconsistent
with the criteria for granting variances stated in Section
23.506.1 of the Mound Code of Ordinances.
The request of the applicant for a waiver from the provisions
of Section 330 of the City Code and the request to subdivide
property of less than five acres, those properties involved
described as follows:
Lot 3 and the east 10.0 feet of Lot 4, Block 1, Avalon, and
that part of vacated Stratford Road lying between the
northerly extension of the east and west line of said Lot 3.
Lot 2, Block 1, Avalon, according to the recorded plat
thereof, and situate in Hennepin County, Minnesota and part
of vacated Stratford Lane adjoining said Lot 2~ as per Doc.
No. 1171217.
A. It is hereby granted to permit the subdivision as per the
following descriptions as shown on Exhibit "A" (survey):
PORTION OF LOT 3 TO BE CONVEYED: (PARCEL B)
That part of Lot 3, Block 1, Avalon, according to the
recorded plat thereof, described as follows: Commencing
at the southeast corner of said Lot 3; thence North,
assumed bearing, along the east line of said Lot 3 a
distance of 43.50 feet to the point of beginning~of the
parcel to be described; thence West 2.00 feet; thence
North 60.57 feet; thence West 3.00 feet; thence North 04
degrees 11 minutes 28 seconds East 50.35 feet; thence
East 1.32 feet to the est line of ~aid Lot 3; thence
South along said east line to the pOint of beginning.
KONAD PARCEL: (PARCEL A)
Lot 3 & the East 10.0 feet of Lot 4, Block 1, Avalon, and
that part of vacated Stratford Road lying between the
northerly extension of the east and west line of said Lot
3; EXCEPT that part of said Lot 3 described as follows:
Commencing at the southeast corner of said Lot 3; thence
North assumed bearing, along the east line of said Lot
3 a distance of 43.50 feet to the point of beginning of
the parcel to be described; thence West 2.00 feet; thence
North 60.57 feet; thence West 3.00 feet; thence North 04
degrees 11 minutes 28 seconds East 50.35 feet; thence
East 1.32 feet to the point of beginning.
Proposed Resolution
Case No. 89-809
COOK PARCEL: (PARCEL B & C)
Lot 2, Block 1, Avalon, according to the recorded plat
thereof, and situate in Hennepin County, Minnesota, and
that part of vacated Stratford Lane adjoining said Lot
2, as per Doc. No. 1171217. Also
That part of Lot 3, Block 1, Avalon, according to the
recorded plat thereof, described as follows: Commencing
at the southeast corner of said Lot 3; thence North,
assumed bearing, along the east line of said Lot 3 a
distance of 43.50 feet to the point of beginning of the
parcel to be described; thence West 2.00 feet; thence
North 60.57 feet; thence West 3.00 feet; thence North 04
degrees 11 minutes 28 seconds East 50.35 feet; thence
East 1.32 feet to the east line of said Lot 3; thence
South along said east line to the point of beginning.
It is determined that the foregoing subdivision will
constitute a desirable and stable communit-y development
and it is in harmony with adjacent properties.
The City Clerk is authorized to deliver a certified copy
of this resolution to the applicant for filing in the
office of the Registrar of Deeds or the Registrar of
Titles of Hennepin County to show compliance with the
subdivision regulations of the City of Mound.
This lot subdivision is to be filed and recorded within
180 days of the adoption date of this resolution.
CITY of MOUND
5341 MAYWOOO ROAD
MOUND, MINNESOTA 55364
(612) 472-1155
July 17, 1989
Mr. Jack Cook
4452 Denbigh Road
Mound, MN 55364
Dear Jack:
Please find enclosed a copy of the Planning Commission Minutes
of July 10, 1989 and the City Council Minutes of June 13, 1989.
Based on the Planning Commission's recommendation, and since you
were not present at the meeting, please advise us if you would
like to proceed with this request.
Your prompt attention to this matter will be appreciated.
have any questions or comments, please contact me.
Sincerely,
Jan Bertrand
Building Official
JB: 'j
Enclosures
If you
in the admission or access to, or treatment or employment in, its programs an(~ activities.
Planning Commission Nlnutes
BOARD OF APPEAL~s
Ca~e No. 8~I-809~' Jack Cook~ 4452 Oenbl~lh Road, LOt 2t Blo¢~
Avalon, PID #1~-117-2~ 24 0002. NINOR SUBDIVISION
The Con~lsslon discussed the status o~ this case until the City
Planner arrived. It was the~ determined that since the ap-
pilcantt Jack Cook was not present, this Item would be moved to
=he en~ of the.Board of Appeals on the Agenda.
ac 'Case NO,' 8cp-GOgv Jack Cook~ 445:~ Denbt,qh Roadv Lot 2~ BlocE
~ Iv Avalon! PID #19-117-~3 24 0002. H~NOR SUBDIVISION
The. City Planner explained that Mr, Cook has submitted an
pllcatlon for subdivision ~o adJus~ the Io~ line between lots
and 3 which ~111 remove the current retaining ~all and deck
encroachments. The appl Icant Is also requesting a setback
variance for the deck ~hlch ~!11 be ] foot from the proposed
property I Ina.
The City Planner stated that staff approves of the subdivision,
ho~ver, recommended denial of the setback variance since there
ts no hardship and the problem can be Fectlft.ed. Staff recom-
mended tha~ the applicant lower the ~eck to less than 30 Inches
or remove It, '
MOTION made by Sohns, seconclecl by Thal~ to approve staff
reconmendatlon for approval of the subdivision, however,
denial of the setback variance, and the deck must be
brought Into conformance. Motion carried unanimously.
This case will be heard by the Cl~y Council In September,
93
· ~ vot~ ~s unanimous~ An ~avor. ~o~ion car~iedo
CAS~ #8~-809~
_ J~C C 0 4 $ DEN GH O~D B OCK 1
AVALON, PID ~ 19-117-23 24 0002. VARIANC~
The Building Official gave the background. Jack Cook, applicant,
stated he is working with his neighbor Ms. Kenned to try and pur-
chase some property. They are presently waiting for a response
from Ms. Konnad's mortgage company on the subdivision of the
piece Mr. Cook needs.
The Council discussed the previous denials for a variance and the
need for a variance to allow a 'continuous level deck above grade
even if the decks and walls were completely on the applicant,s
property. Councilmembers Jessen and Johnson discussed variance
criteria not being met and could find no hardship to justify
proval.
The applicant asked that the item be returned to the Planning
Commission for further consideration and to give him time to
finalize the purchase of the additional property.
.: MOTION made by Smith, seconded by Jensen to table this item '
.: for 60 days and give Mr. Cook the opportunity to appear
· : before the Planning Commi.ssion at their Jul 10th
.......... h:.vote wa: 3 favor
JUN :t $1989
cctV'
FEE S
PLAT
PARCEL ~O*~'~ ~-. ~'~'~
and complete legal description of property to be divided:
To be divided as follows:
(attach survey or scale drawing showing adjacent streets, dime~$io~ of proposed
building sites, square foot area of each new parcel designated by number)
A WAIVER IN LOT SIZE IS REQUESTED FOR:
New Lot No,'
~ ~ ..... Squere feet
APPLICANT:
ADDRESS /"J~'-~ ~ (signature)
Applicent'a interest in the prope~y:
TEL. NO.
DATE
This application must be signed bY~El~%-'~f the properb/, or m expl~n-
etion 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 ! YEAR FROM THE DATE OF THE RESOLUTION OR IT BECOMES
NULL AND VOID.
owners o property wm in feet mum
.. ~ .. :;. '. .
.. , ..~ ~.~ -'..
~" .. ' : .... .'- :".:~?'.'.'L
EXISTING I.EGAL DESCRIPTIONS
KONNAD PARCEl.:
Lot 3 & the East 10.0 feet of Lot ~, Block l, Avs~on, and that part of
vacated $~ratford Ro~d ]y[n~ be~veen ~he northerly extension of ~he ea~
and wes~ ~ne o~ s~ld Lo~ 3.
C~K PARCEL:
1.DC 2, Block 1, Avalon, according ~o the recorded plat thereof, and situate
In Henneptn County, M(nnesoca, and that part of vacated STAFFORD LANE
adjotn[ng sa~d l.oc 2, as per Doc. No. 1171217.
PORTION O~ KONNAD PROPERTY TO BE CONVEYED: (~C~L
That part of Lo~ 3, Block 1, Avalon. according to the recorded la '
thereof, described as follows. C '
l~ 3; thence North ........ ~ ommencln~ at the ~outh
,/~:~r,~o; thence Wes~ 2.00 f,~,.n~of bu~tn,,{o~ el ~he parcel ,~ ~' 3 a
~ ..... ~ ~nence North O4 d ...... ~' ~nence North 60.57 foe~. ,~--'- .'~
.PROPOSED LEGAL DESCRIPTIONS
KONNAD PARCEL: ~P~kC[L ~
I,o~ 3 & Ehe East ~0.0 ~ee[ o~ Lot 4 Block 1 Avalon and Ehat ar
vacated Stratford Road ]yin beLw ' '
and west ]lne ¢ ~¢~ ,-- .~ eeo {he norther1
Follows.. r~__~S 7 ...... ut. ~ EXCEPT lhac parr ~ ~.~C~-sl~n o¢ lhe easc
feet; thence North 60.57 feet: th n .... -J,,e,; thence West 2.00
degree 11 minutes 28 ..... z e ce West 3.00 feet; thence North 04
~¢onas ~ast 50.35 feet; thence East 1.32 feet to the
east line of said Imt 3;'thence South along said east line to the point of
begtnnl nE.
C~K PARCEL: (PARCEL S
l~t 2, Block 1, Avalon, according to the recorded plat thereof, and
In Henneptn Coufity, ~tnnesota, and that part of vacated STRAFFORD I~NE
- tuate
adjoining said l.ot 2, as per ~c. No. 1171217. Also
That part of ~t 3, Block !, Avalon, according to the recorded
thereof, described as follows: Commencin~ at the southeast co plat
l,gt 3; thence North, assumed b '
distance of 43 50 f ..... earing, along the ea .... ' - rner of safd
9escrlbed; ~heace W~ ~°n~hg pptn~ o¢ beginnin~ o~L.~in~
East t ~ et' 7'''tu ~ aegrees 11 minu ..... ~-~_reet; thence W .
, .' - ~.~ ~eec to the e=~ ,~-_ ~ res 28 seconds has _ est. ~-OO
~lne Co the ~ ..... ~ ...... u o[ said l~c . Eh~- .t ~O.3~ feecl thence
. ~ .... t vi beginning' 3, ~,,ce South along said east
PREPARED FOR
Planning Commission M~nutes
ADri] 10, ]989
Page Five
Case No. 89-809: Jack Cook. 4452 Oenbian Road, Block I, Lot
2t Avalon, PID #19-117-23-24-0002. VARIANCE.
City Planner, Mark Koegler, reviewed the history of this case.
Resolution #87-19! was granted in October of 8? which incluOed a
variance to al low an attached deck with a walkway within zero
Feet to the side property I ina at the west. This deck was al-
lowed under the condition that the Oeck elevation De reduced to
within 30 inches From existing ground level with a stairway from
the patio door down to the lower deck, proceeding at ground level
to the lakeside, and then a stairway to the elevated deck begin-
ning at the 3.7 foot building setback 1 ina. Mr. Cook is request-
ing a variance to al low this deck to be maintained at a con-
t inuous 1 evel above grade. The City Planner conc 1 uded that th J s
is the same request that the Planning Commission and City Council
denied in November 1988, and added that staff does not find that
any new material has been presented in support of overturning the
previous unanimous decisions.
'Staff recommends denial oF the variance, and iF denied, the
plicant wi11 be required to comply with the Findings outlined in
J' ResolUtion #87-191.
'Smith ouestioned the applicant, Jack Cook, if he has removed the
I Foot encroachment onto the property to the west. Mr. Cook in-
formed the Commission that the deck has not been altered and
still encroaches onto the west property line.
The applicant, Jack Cook, spoke on his behalf and. stated that his
neighbor, Sahara Konnad has agreed that a deck at a continuous
level would look better. Mr. Cook added that he believes to
lower and then raise his deck over a distance creates a hazardous
and unsafe condition.
MOTION made by Smith, seconded by Sohns to approve the staff
recommendation For denial of the variance. Motion carried
unanimously.
Case will be heard at the City Council meeting of April 25,
1989.
Case No. 89-8]0: Paul Olson, 2636 Wilshire Blvd., Lot 2,
Wilbur K. Palm Addition, PID ~24-117-24-13-0027. SIDE YARD
AND FRONT YARD SETBACK VARIANCE.
The Building Official, Jan Bertrand, reviewed the applicants
proposal to add a one story single vehicle garage onto a single
vehicle attached garage with a second floor, and a one story ad-
dition to the southeast side of the house for a kitchen expan-
sion. The garage would be !0 Feet to the northwest side yard an~
PLANNING REPORT
TO: Planning Commission and Staff
FROH: Mark Koegler, City Planner
DATE: April 4, 1989
SUBJECT: Deck Setback Variance
APPLICANT: Jack Cook
LOCATION: 4452 Denbigh Road
CASE NUHBER: 89-809
VHS FILE NUHBER: 89-310-A11-ZO
EXISTING ZONING: R-2
COHPREHENSIVE PLAN:
Residential
BACKGROUND: In August of 1986, Mr. Cook received a variance to
allow construction of an attached garage to his residence at 4452
Denbigh Road. In the summer of 1987, the Building Official issued
a stop order because the work that was being done-included items
not covered in the original variance. One of the items involved
a deck that was partially constructed on the west side of the home
wi-thout variance approval or building permit approval. Mr. Cook
then filed for a variance to add a second story to the existing
dwelling and sought approval for the deck which had been partially
completed.
The result of the review was the approval of Resolution 87-191
which allowed a modified version of the deck providing that an
existing one foot encroachment on the property to the west was
removed. The modification involved reducing the deck elevation to
within 30 inches from the existing ground level with a stairway
from the patio door on the west side of the home down to the lower
deck. The deck was to proceed at ground level to the lake side
where a stairway 3.7 feet inside the property line was to connect
to the elevated deck on the north side of the home. Resolution 87-
191 was unanimously supported by both the Planning Commission and
City Council.
3030 Harbor Lane North Bldg.ll, Suite 104 Minneapolis, MN. 55447-2175 612/553-1950
The applicants current request is to leave the deck on one plane
rather than descending to an at-grade deck and then reascending to
an elevated deck portion. This is the same request that was
reviewed in 1987.
In the applicants supporting documentation, he references "new
ideas" pertaining to this application. In reviewing the material,
the only new ideas that staff finds is a statement that Mr. Cook
and his neighbor on the west side have "come to agreement on our
differences". While it is always desirable that abutting property
owners agree on property use issues, it is not a germane argument
in support of the criteria for granting variances found in Section
23.506.1 of the Mound Zoning Code.
RECOMMENDATION: In reviewing the application, staff does not find
that any new material has been presented in support of overturning
the previous unanimous decisions by both the Planning Commission
and City Council. Denial of the variance request is recommended.
If denied, the applicant will be required to comply with the
findings outlined in Resolution 87-191.
C!TY OF HOUND
PART II
MAR 2 0 989 ,..
Case No.
Date Fi led
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.)
AdOres, Of Sub~ect Property
LOt
Owner's Name
B 1 ock
rID No.
Day Phone '"( '7&
Owner's Address S~-~_
Applicant's Name (if other than owner)
Address
Existing Use of Property:
Zoning District ~-~-
Day Phone
Has an application ever been made For zoning, variance, conditiQnal use
permit, or other zoning procedure for this property? yes / no . If yes,
1 ist date(s) of application, action taken, and provicle resolution'number(s)
( of previous resoluti ns accompany this appl ication.)
I certify that all dE 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 in this
application by any authorized o~ficial of the City of Mound ~or the purpose
of inspecting, or of posting, maintaining and removing such notices as may
Applicant's Signature ' , ¢ Date, . ',~¢¢/L ~
IIIIIIIIII!11111111111111/ 11111111111111111111111111111111111111111111111
FOR OFFICE USE ONLY:
Planning Commission Recommendation
Date
Council Action:
Resolution No.
Date
VARIANCE APPLICATION
Case No.
Does the present use of the promerty conform to all regulations for
the zoning district in which it is locate~? Yes /CK~'), No ( ). IF no,
specify each non-conForming use:
Do the existing structures comply with ail area, height, bulk, and
setback regulations for the zoning district in which it is located?
Yes (~), No ( ). If no, specify each non-conForming use:
Which unique physical characteristics of the subject property prevent
its reasonable use for amy of the uses permitted in that zoning
district?
( ) too narrow (/~) topography (
( ) too small ( ) drainage (
( ) too shallow ( ) Shape (
) soil
) sub-surFace
) other: specify
Was the hardship described above created by the action oE anyone
having property interests in the land aEter the zoning ordinance was
adopted? Yes' ( ), No ~). IE yes, explain
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 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 wtl 1 permit you to make reasonable use of
your land? ($pecify,~ using m~ps, ~it~pl~ns with dimensions and writ-
ten exp lariat i on..,".J. ,~. .,'~ ~./,..z~"../ .~,,..~.< r~ ~
Will granttng of the variance be materially Oetrimentai to property
the same zone, or to the enforcement of this ordinance?
PART III
SITE PLAN INFORMATION: All supporting documents such as sketch plans~
attachments~ etc.~ must be submitted in 8-l/Z"xtI" size. If larqer
drawings are submitted? one must be 8-1/2"x]!"? and I5 larger size
goples 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:
Location, area, and dimensions of existing and proposed: (Lot(s),
building(s), driveway(s)/street access, off-street parking, and
utf. l.ities.
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 may reasonably be required by the
city staff and applicable sections of the Zoning Ordinance.
335
December 13, 1988
RESOLUTION NO. 88-184
RESOLUTION EXTENDING RESOLUTION #87-191 ENTITLED
"RESOLUTION TO CONCUR WITH THE PLANNING COHMISSION
RECOHHENDATION TO APPROVE A FARIANCE FOR A
NONCONFORHING STRUCTURE ON LOT 2 INCLUDING ADJACENT
VACATED STREET, BLOCK 1, A?ALON, PID #19-117-23 24 0002,
(4452 DENBIGH ROAD), P & Z CASE #87-673", FOR 60 DAYS,
UNTIL FEBRUARY 13, 1989
WHEREAS, on October 13, 1987, the City Council approved
Resolution #87-191; and
and
WHEREAS, this resolution expired on October 13, 1988;
WHEREAS, the applicant has now requested an extension
of Resolution #87-191 so that he can complete the project.
NOW, THEREFORE, BE IT RESOLVED that the. City Council of
the City of Mound, Minnesota., does hereby grant an extension of
60 days from the date of.a~option of this resolution for Resolu-
tion %87-191 entitled "Resolution to Concur with the' Planning
Commission Recommendation to Approve a Variance for a Nonconform-
ing Structure on Lot 2 Including Adjacent Vacated Street, Block
!, Avalon, PID #19-117-23 24 0002 (4452 Denbigh Road), p & Z Case
#87-673''.
The foregoing resolution was moved by Councilmember
Abel and seconded by Councilmember Johnson.
The following Councilmembers voted in the affi~ative:
Abel, Jensen, Jessen, Johnson and Smith.
The following Councilmembers voted in the negative:
none.
Mayor
Attest: City Clerk
October !3, 1987'
EE$0LUTION 87- 191
RESOLUTION TO CONCUR WITH PLANNING COMF~SSION
KECO~NDATION TO APFKOVE A VARIANCE FOR
A NON-CONFOR.Mi~G STRUCTURE ON LOT 2 INCLUDING
ADJACENT VACATED STREET, BLOCK 1, AVALON;
PID ~ 19=117-23-24 0002 (4&52 Denbigh Road) i ~ az Case No. 87-673
WMF~KEAS, the applicant is requesting a variance to allow an attached deck
with a walkway withim zero feet to th~.. side property line at the west, add a
second floor..on the existing dwellimg wirl%in 3.7 feet of the side lot line
and 20 feet to the front property line; and
WME~, the R-2 single family zoning district requires 6 foot side
yards,20 foo.: front yard, and 50 foot lakeside setback to the Ordinary High
Water Elevation of .929.5 N.G.V.D.; and
WREKEAS, SECTION 23.404 Subd. (8) provides that alterations may be made to
a building containing a lawful nonconforming .residential unit when the alteration
will improve the livability thereof but the alteration may not increase the
n,rmher of dwelling units.
NOW, THEREFORE, BE IT RESOLVED by the'City CounCil of the City of Mound,'M~.,
as follows:
1. That the City does hereby authorize the existing nonconforming princSple
- 'Structure setback~at 4452 Denbigb Road; PID #19-117-23 24 0002.
" 2.
e
The City COuncil ~uthorizes the existing structural setback violation
and authorizes'the alterations set forth below, pursuant to Section 23.404,'
Subd. (8) with the clear and express understanding that the use remains as
a lawful, nonconforming use, subject to all of the provisions and re-
strictions of Section 23.404.
It is determined that the livability of the residential.unit will
be improved by authorizing the following alterations to the nonconforming
property: ..
A second story (floor) is to be added to the existing dwelling'within
317'feet of the west property line, a'mintmum of 6 feet to the east
-property line, 50 feet to the 0.H.W. elevation of 929.5 N.G.V.D. to lakeside,
and 20 feet to the street front property line.
Reduce the deck elevation to within 30 inches from existing ground level
with a stairway from the patio door down to the lower deck, proceeding
at ground level to the lakeside, and then a stairway to the elevated
deck beginning at the 3.7 foot building setback line.
Upon. the further condition that the existing dwelling must meet State
Building Code, the existing basement ~ntry at zero feet to the property
line be relocated into ~he new construction and then to be removed to
ground level, provisions be made to divert water run off away from the
adjoining property. ~~
Variance approval is valid for one year from the date of this resolution.
March 10, 1989
Mr. Jack Cook
4452 Denb~gh Road
Mound, Minnesota 55364
Dear Mr. Cook:
On March 10th I received a note from you returning my letter
of March 1, 1989. You make certain statements in your note and ask
for extensibns.
I am returning to you my letter of March 1, 1989 which
expresses the concerns and frustrations of the City staff concerning
your failure to respond to the staff's attempt to have you follow the
resolutions approved by the City Council. By this letter I am
indicating to you that if you feel there is some reason or logical
explanation for an extension, you will'have to apply for that
extension by sitting down with Jan Bertrand, the Building Official.
She will then process that through the City process and the Council
will make that ultimate determination.
The point I am trying to make in my letter of March 1, 1989
and in this letter is that you must follow the procedures and the
process established by the City and the City Council. I have no
authority to grant you extensions nor does Jan Bertrand and you will
have to work through the City process. Please sit down with Jan
Bertrand at your earliest opportunity and the two of you will have to
come to some conclusion how you are going to resolve this matter. If
nothing is done, the Building Inspector has asked us to commence a
legal action against you and the purpose of my letter was to give you
warning so that we didn't file complaints against you without your
having .an opportunity to try to resolve your problems. Please see Jan
Bertrand at the earliest opportunity.
Very.truly your s/("?
~z~ A. Pearson
City Attorney
CAP:lkg
cc:
Mr. Ed Shukle, City Manager, City of Mound
Ms. Jan Bertrand, Building Official, City of Mound/
A. TkiOkiA$ WuIql'r, P.A.
CUR'r~$ A. PF-AR$ON, P.A.
,J,~i,41:$ [3. LAR$ON, P.A.
THOMA.I Ir. UNDF. RWOOD,
CRAIG M. M'RTZ
ROG[R d,
RECEIVED MAR- 2 198,9
CAW OlrlrlCIr$
WURST, ~F. ARSON, LARSON, UNDlrRWOOO ~1~ h~rRTZ
~lOO r~RST e,~.Nl~ Wi. AC[ w~rsT
MINNE:AI=OLIS, MINN£$OTA 55402
March 1, 1989
(e, lz)
Mr. Jack Cook
4452 Denbigh Road
Mound, MN 55364
Re:
Dear Mr. Cook:
Resolution No. 88-184 -
4452 Denbi§h Road
On October 17, 1988, the City Building Official sent you
a letter indicating that certain things needed to be done on
your property to comply with Resolutions 88-104 and 87-191.
Jan Bertrand informs me tha't there has been no response to her
concerns. On October 13, 1988, by Resolution No. 88-184, you
were granted a 60 day extension, and that extension has now
expired.
Jan Bertrand informs me that you have not complied with
the building code for your remodeling project and that it is
necessary that you renew your expired building permit. She
further informs me that there are a number of items which need
to be completed on the bathroom area on the second floor, door
hardware, window trim, handrail/guardrails, caulking, nailing
of siding, as well as the garage firewall.
The City staff is frustrated and has suggested that we commence
legal action to bring this to a conclusion. After discussion,
we felt it would be better to try one more time to get you to
voluntarily comply with the City ordinances and the state codes.
Mr. Cook, I would very much appreciate it if you would go to
City Hall and confer with Jan Bertrand. Please work out all
of the deficiencies in your construction and arrange to have
your permits and your variances extended so you can complete
the work as your originally told the Planning Commission and
the Council you were going to do. If we are unable to resolve
this in a friendly manner, you leave the City with no alternative
WURST, PEARSON, J.ARSON, UNDERWOOD & ME;RTZ
Page 2
Hr. Jack Cook
March 1, 1989
other than to pursue through the courts its remedies in having.
the codes, council directions, and statutes complied with. Please,
please let's resolve this without any additional wasted time
and bad feelings on anyone's part.
Your help and consideration will be very much appreciated.
CAP:lh
CC:
Verx truly yours,
~.' /
City Attorney
City of Hound
Mr. Ed Shukle, City Manager
Ms. Jan Bertrand, Building Official
February 24. 1989
Curt Pearson
WURST, PEARSON, LARSON,
UNDERWOOD & MERTZ
I100 First Bank Place West
Minneapolis, MN S5402
Re: 4452 Denbigh Road
Dear Curt:
I am enclosing all of the background m~terial as per your request
'For the 4452 Denbigh Road variance approval and extension. The
materials include ali of the packet information that was for-
warded to the City Council as well as the resolutions that were
approved. ! would like you to also mention to Mr. Cook that he
Has not complied with the building code for his remodeling. He
has an option of renewing his expired building permit and com-
pleting such items as: bathroom area on second Floor, door
harOware, window trim, handrail/guardrafls, caulking, nailing of
siding, as well as the garage Firewali.
After reviewing the material, would you send him a warning notice
From your office and if h'e Fails to respond, I would like you to
proceed with a Formal complaint. Possibly we could process this
under a civil action so we can correct the deck and retaining
wall that is encroaching on the neighbors property through court
action.
IF you have any questions, please phone me.
dB:pj
89/25
Enc I osures
'~'~'~ltcc. Ed Shukt e,
City Manager
CITY of MOUND
5341 MAYWOOD ROAD
MOUND, MINNESOTA 55364
(612) 472-1155
October t7, 1988
Hr. Jack Cook
4452 Oenbfgh Road
Hound, HN 55364
Dear Mr. Cook:
You have the City Council approval on Resolutions 88-104 and 87-
tgi ~or a 3' side yard setback and IZ.5' street Eront setback to
allow the construction OE the attached garage and second Eloor
upon the condition there be no encroachment dE the extstlng base-.
merit stairway, reduce deck to 30 Inches high wtthtn 3.7 Eeet dE
side lot line except a~ the patto door, etc,
I have enclosed a copy dE your variance Resolutions 88-104 and
.87-19! Eot your convenience. Now that the garage and second
F'loor have been constructed and the resolutions have expired, you
wlll need to proceed within the next 30 days to remove the non-
conforming structure dE the deck and s~alrway entry on the wes~
side oF the lot.
I have not been to your home since April except' Eot the trench
Footing Inspection to the north In June. Please also arrange a
progress Inspection Eot your second Eloor addition and remodeling
dE the existtng house within 30 clays.
Sincerely,
Bulldtng O~tclai
JB:pJ
~nclosures
.n equal opportunity Employer that does not discriminate on the Oasis of race. color, national or,gm, or handicaopeO status
in the admission or access to, or treatment or employment in. its programs and activities.
P'lanning Commission Meeting
November 28, i988
BOARD OF APPEALS
Case No_ .___B7__-_6_7.3__:_..4..4..5.2,. De..n._b i m.h__R_o.a_O_,.. Jack Cook t_.A.v_a.l__o .n..~..~.]_o_c_k..
l, Lot 2 includina acl~ta_cenl: vacated street, PlD #_1p_-_I._1.7-23-
Applicant, Jack Cook, was not present.
.R..e_c.o_m.m__e.nda____t.t_on___~__B~u_i 1 d f ng__QFF t c i a l~.__Jan Bertra_nd__~..
The a~plicant ts requesting an extension on his variance Resolu-
tion · #B7-]9! due to lack oF Fun~s to remove the nonconforming
entry way. The applicant is also requesting a change in the
variance to allow him to keep his deck at a continuous level
a~ove grade. The existing variance requires him to reduce the
deck elevation ~o within 30 Inches From existing ground 1eve1
with a'stalrway from the ~atto door down to ~he lower deck,
mroceedtng at grouna level to the 'lakeside, an~ then a stairway
to the elevated deck ~eglnning a~ the 3.?' building setback 1the.
Mr. Cook believes, to lower and then raise his deck over a ~t.s-
tance oF 20' or less creates a hazardous and unsafe condition,
'The Building OFFicial sum~orts the original staFF recommendation.
The neighbor, Sandra Koonad had her property surveyed, which
shows 'a ]' encroachment oF the present deck. To-date the deck
has not been moved back or lowered to grade.
Dtscusston~
· Hs, Konnad spoke on her behalf and stated she has not discussed
any oF these Issues with Jack Cook, She does not approve off his
deck encroaching on her Property, an~ woul~ like him to move
There is also a retaining wall encroaching on her pro,arty.
Reese recalled asking Mr. Cook to negotiate with his neighbor in
terms oF purchasing [.' or 2' oF Ms. Konnad's ~roperty to solve
his situation.
MOTION'made by Wetland, seconded by Re~se, no action will be
taken by the Planning Commission unttl the encroachment is
resolved.
.It was discussed I-F Ms. Konna~ .has enough property to sell and
still'keep her lot conforming. Ms. KonnaO stated her lot is 50'
wide, however she would prefer not to sell her property, but to
have Mr. Cook remove the deck.
The Building. OFFicial informed the ~ommisston iF this variance is
not extended by this Commission and the Council, then the ap-
plicant will be taken to task because his variance is expired.
Wetland moved to withdraw his motion, Reese seconded,
MOTiON'moved by We[land, seconded by Sohns to deny the
request For the change in the variance. Motion carried un-
animously.
~ese will be heard by the City Council on November 29, t98~.
~GOq'r A, &,IrSON
D&¥1C)
BERNICK .ND STERN
G~RNICK, SHA~I~O AND ~SS~AN, P. A.
(~l~) ~-~00
October 21, 1987
Mr. Jack Cook
4452 Denbigh Road
Mound, MN 55364
Re:
Encroachment onto Lot 3 and the
East 10 feet of Lot 4, Block !, Avalon
Dear Mr. Cook:
I have been retained by Sandra J. Konnad with respect to the
encroachments onto her property by the recent construction
originating from your property.
· ' For your reference, I enclose a copy of a survey recently
completed, which shows the following encroachments onto Ms.
Konnad's property:
Your metal shed is located three-tenths of one
foot on Ms. Konnad's property.
The wooden retaining wall immediately south of
the shed encroaches seven-tenths of one foot on
the north end and eight-tenths of one foot on
the south end.
The wooden retaining wall to the north of the
foregoing retaining wall encroaches 1.15 feet
on the north and 3.7 feet on the south.
The wooden deck adjacent to your home
encroaches one foot on the north and
eight-tenths of one foot on the south end.
The concrete foundation of the entrance to your
basement on the west side of your house
encroaches .08 feet across its entire width.
Mr. Jack Cook
October 21, 1987
Page 2
BER. NICK AND STER.N
A ~OF'E:.~,51ONAL Ae-.$OCiATiON
It is unfortunate that these improvements were made without
securing the necessary permits. I understand a survey was obtained
by you two years ago, but the stakes were lost during the extensive
regrading of your back lot. Had you reestablished the lot line
prior to commencing construction, you could have perhaps avoided
this problem.
On behalf of Ms. Konnad, we are requesting that these
encroachments be removed immediately. I have been provided with a
copy of a Resolution by the City Counsel dated October 13, 1987,
Which appears to authorize a variance from the six foot side set
back to within 3.7 feet of ~he side lot line on the west. At a
minimum, that side lot clearance should be reestablished adjacent
to the home. It is not clear whether the retaining walls to the
north and the metal shed are subject to the variance or must be
reestablished at a minimum of six feet to the east of the property
line;
" It is my understanding that your request for a variance was
placed upon the Planning Commission agenda for the meeting
October 12, 1987, and further placed upon the City Counsel agenda
for approval the following day, October 13. Ms. Konnad advises me
that she spoke with you on the morning of October 13, and that you
advised her of the results of the Planning Commission meeting the
previous evening. In response to her inquiry as to the date of the
next counsel meeting, you advised her not of the meeting scheduled
for that evening, but of a meeting to be scheduled for the 23rd or
28th of October. Certainly if she had been advised of that
evening's. City Counsel meeting, she would have attended and
expressgd her opposition to your request for a variance. We intend
to bring this matter up before the counsel at the next meeting, so
that both sides can be heard on this matter.
IrresPective of the outcome of the meeting, and whether the
City grants a variance or not, the encroachments have to be removed
from Ms. Konnad's property.
Mr. Jack Cook
October 21, 1987
Page 3
BEKNICK AND STERN
In order that we may advise our client whether legal ac{ion is
required, we would appreciate your response at your earliest
opportunity.
Very truly yours,
BERNI~I~ AND ~TERN, P.A.
/.' /: ~ .
David L. Olson
DLO/cmw
Enclosure
cc Ms. Jan Bertrand
Ms. Sandra J. Konnad
" Mr. Edward J. Shukle, Jr.
Mr. Steve Smith
DEMARS - GABRIEL
LAND SURVEYORS, INC.
3020 Haricot Lane No.
Piy~cu!n MN
LA~'D cURVEYOR~, INC. /' ~,,~., 2~ /d,v o~ SEPT,
$~NI
- *---. ,I
%,.-/
Park Commission Minutes
August 10, 1989
Winter Hotorized Vehicle Lake Accesses: Police Enforcement~
Automobile Accesses~
Vehicle Access.
SnowmoDilelATV Accesses~ PemDroke Winter
A letter from Jane Chiesl, a neighbor to Pembroke Park, was
tributed to the Commission. The Commission read the letter and
reviewed the content. Police ChieF, I.e~ny Harrell, exmlained the
proOlems involve~ in enforcing motor vehicles driving in City
Parks. He stateO: "How can we control accesses when we allow
snowmobiles to ~rive on the streets?" He a~Oed that Fencing the
accesses closed woulO be the only way to al leviate use of an
access,
!
Bill Kullberg of 5245 Edsa]l Road in Minnetr'ista, state~ tha~
cars cause' more problems and Oangers than snowmoOiles.
Park Commission Minutes
August I0, 1989
Page Three
Claudia Miller of 4501 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 PemDroke 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.
Harrel] stated that most of the complaints received 'regarding
Pembroke are related to the ATV's, however problems with ATV's
exist in al I the parks.
Weber stated that among the nine vehicle access used by
automobiles In Mound, Four o¢ 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. ]t was noted that the closing of the
'Pembroke access would eliminate automobile access on that side of
the, island, however there are stt ]] three other snowmobile ac-
cesses.
Ways to close the access were discussed. A physical barrier ts
the only logical solution, however the City needs to maintain
access to their lift station. Asleson suggested, tf 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 recon~nend
closing the Pembroke Park motor veh$c]e access, and
direct staff to proceed with vacating that portion of
Aberdeen Road. Motion carried unanimously.
This will be heard by the City Counc.ii 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 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 closed?" and, "Which ones should be signed as desig-
nated as access points?"
Park Comfssfon Minutes
August lO, 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 Oetermine which ones are
being used appropriately or Inappropriately. Motlon
carried unanimously.
It was noted that some of these accesses allow vehicles to cross
City Parks or Commons, should th-is be allowed?
The Commission agreed to have a winter tour of these accesses
after the first heavy snow, somettme in January.
PARK COMMISSION TO DISCUSS WINTER LAKE. ACCESSES
The Mound Advisory Park Commission will be discussing winter
motorized vehicle lake accesses at their meeting on August
1989, 7:30 p.m. at Mound City Hall, 5341Maywood Road.
Designated accesses include: Pembroke, Wychwood, Twin Park,
MounO Bay Park, Sunrise Landing, Sunset Landing, Canary Beach,
Centerview Beach, and Waterbury Road. These accesses are useO by
automobiles, snowmobiles and ATV's. Anyone who wishes to be
heard on the issue is welcome.
Pul~l ished in "The Laker" August 7, 1989,
Park Commission Minutes
June 8, 1989
P~9~ T~e
Winter motorized vehicle accesses.
The City Council's conclusions regarding the closing oE Pembroke
Park's vehicle access was discussed. The City Council recognized
that thls access should ~e closed June I through Septeml=er 15,
and this should be enforced. The Council will await a recommen-
dation from the Park Commission regarding the closing oE the win-
ter access In September.
The Commission discussed the meeting to take place in August
regarding winter motorized vehicle accesses In Mound. The Issue
o¢ snowmobiling was raised. The Commission agreed that they need
to accommodate snowmobiler's with accesses, however they would
like to control the accesses used by supplying sfgnage to those
designated For use. it was determlned that a map showing the ac-
cesses should be supplied Eot the meeting in August.
CITY COUNCIL MINUTES
Recommendation from Park Commission ~eqardinq P~roke Park
ter Motorized Vehicle ~cces~
Councilm~mb~r Jessen stated the wor~ 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
Sl
May 2~ 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
May 11, 1989
Page Three
Gather cfttzen Input reoardfn0 Pembroke Park winter motorlze,~
vehicle access.
Jane Chtesl, an abutting neighbor to the park, was ~present to
speak on behalf of the neighborhood. She state two requests, l)
that the vehicle access at Pembroke Park be closed, and 2) that
the park area be Improved by leveling the grade and seeding. She
added that their ts City land across the street that the neigh-
borhood kids also play in, and they would like a back-stop
stalled there.
Rod Plaza, another abutting neighbor, commented on the large
amount of debris left by Fishermen, reckless driving, loud
parties, and cJtsturbances created by persons using the access.
Mr. Plaza uses the access, however, would rather find another
access and have Pembroke ~ccess closed.
The neighbors complained about the poi Ice department and their
lack o¢ support with control ling disturbances at the park. The
Con~nJsston explained that the police do not have jumlsdlction on
the watep, therefore violations in a park can be difficult to en-
force. Ho~evep, the Co~lsston added that they wi il be wopklng
with the poi Ice on the Issue of ~topJzed vehicles -in City Pa~ks.
Webep questioned the boat access. He stated that the LMCD does
not pecognize this as an official boat access. The Papk girecto~
· ~stated that the City Code- ]Ists this access as a "seasonal
Wa~e~-cpa{t launch epee." The pesldents pmesent al
the poop cond it ion o~ the ]aunch and stated that It I s rare ly
used, only s~ll fishing boats use the launch.
Bill Ku]lbepg, a memDep o{ the Mlnnetpista Papk Co~lsslon spoke
against the closing o{ the Pembroke access. He stated that 'this
would cause an over,low to the Minnet~lsta access ~urthe~ down on
the Island.
The, Commission reviewed the seasonal water craCt launch areas
listed In City Code Section 1015:20 and concluded that Pembroke
was the only access area adjoining a.park.
MOTION made by Casey, seconded by Weber, to approve the
~ closing of the vehicle access at Pembroke Park'. Motion
carr.!ed unanimously.
There wa~ discussion regarding snowmobile access, will this be
allowed? Weber confirmed that a snowmobile Is a motorfze~
vehicle, therefore they are not allowed on park property. Dick
Meredith of the Westonka Snoblazers snowmobile club spoke in
position ~o the closing of this access for snowmobiles. The Com-
mission stressed that they would like to work with the area snow-
mobile clubs to develop access areas for them. In addition, this
topic will be part of'the discussion when meeting with the police
department regarding the enforcement o~ vehicles (n public parks.
The Commission directed staff to Inform the Westonka Sno~lazers
oF this meeting which will be scheduled sometime fn August 1989.
7/89
SEE EXHIBIT A
2.
3.
4.
5.
6.
7.
9.
CITY OF MOUND
RECOGNIZED WINTER MOTORIZED VEHICLE LAKE ACCESS SITES
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
dennings Bay
Phelps/Spring Park Bay
Cooks Bay
Harrisons Bay
NO WINTER LAKE ACCESS SITES
Ridgewood Park
Chester Park
Avalon Park
SEASONAL WATER CRAFT LAUNCH AREAS
Section 1015:20
Pembroke
Wychwood
Three Points Beach
Centervlew Beach
4S ~
J Y.'
I0
7?.
'./
Winter Motorized Ve~i cl
Lake Acdess 7/89
7. Pembroke Beach
Phel ps/Spring Park
Detail
· t~.~.~.-~ Putm
1989 Park Commission Tour o4
Vehicle Lake Accesses fn Mound
LOCATION
WEST ARM BAY (PAGE
.Dove Lane
Woodland Road (east)
Three Points Beach
WINTER AtVs,
SNOWMOBILES,
AUTOHOB]LES
ATV, SNO
ATV, SNO
ATV, SNO, AUTO
Sunrise Landing
5. Breezy Beach Path
' "6," '~. North Beachstde
7. Shorewood Road
HARRISONS BAY (PAGE t)
north shore
9.
10.
South Beachstde
Poplar Landing
Sunset Landing
11.
12.
Cresent Park
(designated nature area)
Eagle Lane (south)
ATV, SNO, AUTO
AVT, SNO
AVT, SNO
ATV, SNO
ATV, SNO
unimproved
ATV, SNO, AUTO
ATV~ SNO'
ATV, SNO
BOAT
LAUCH
1 imited: not
between June 1
& Sept. 15
s~mi improved
landing
unimproved
semi improved
landing
LOCAT I ON
HARRISONS BAY (PAGE l)
south shore
13. Waterside Lane
14. Centervtew Beach
15. Fairvfew Lane
16. Arbor Lane
SETON LAKE (PAGE I)
17. Carlson Park
BLACK LAKE (PAGE 2)
lB. Carlow Road
19'.' Gallaway Road
20. Cavan Road
SPRING PARK BAY (PAGE
22.
23.
East Port Road
Avalon Park
Pembroke Park
PHELPS BAY (PAGE 2)
24. Island View Drive
(south)
CCK)KS BAY (PAGE 3)
25. Waterbury Road
26. Chester Park
27. Brighton Commons
WINTER ATVsy
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
between June ]
& Semi. 15
limited: not
between June !
& Sept. 15
remove from
launch sites
LOCATION
C:O(N~S BAY cont. (PAC~ 3)
28. Manchester Road
29'. Wychwood Beach
30. Hound Bay Park
PRIEST BAY (PAGE 3)
3Z.
33.
Twin Park
Highland End Park
Rtdgewood Park
34. Sinclair Park
HALSTEAD BAY (PAGE 4)
35. -' B1Ut=t= Beach
I_~J<E LANGDON (PAGE 4)
(no boat launches)
36. Veteran Park
37. Juntper Road
38. Southvi ew Road
DUTCH LAKE (PAGE 4)
39'. Rambl er Road
WINTER ATVs,
SNOWMOBILES,
AUTOHOBILES
ATV,.SNO-
AW, SNO, AUTO
BOAT
LAUCH
ATV, SNO, AUTO
ATV, SNO, AUTO
ATV, SNO
ATV, SNO
auto removed "87
ATV, SNO
limited= not
between June ]
& Sept. 15
improved launch
ATV, SNO
ATV, SNO
ATV, SNO
ATV, SNO
ATV, SNO, AUTO
40. Ltnden Lane ATV, SNO
41. Grandvfew Lane ATV, SNO, AUTO
improved 13oat
launch
improved ba~t
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.
:Jehhi'ng::
...
PAGE 2
SF.,.'% 0#
Cooks Bay
F'
Sp/~ing Par. k Bay
°l
0
PAGE 3
I
I
LI.J
o
o
r'
Z
PAGE 4
iL-
I. ANGO0~
II
Hal~.t~ads Ra.v
¢001~S
A. THOMAS WURST,
CURTIS A. PEARSON,
OAMES D I-ARSON,
THOMAS F. UNDERWOOD,
CRAIG H. ~ERTZ
ROGER d. FELLOWS
LAW OFFICES
WURST, PEARSON, LARSON, UNDERWOOD & MERTZ
IIOO FIRST BANK I~LACE WEST
MINNEAPOLIS, MINNESOTA S$402
August 22, 1989
Mr. Ed Shukle, City Manager
City of Mound R[~0 AU8 2 ~ 198§
5341 Maywood Road
Mound, MN 55364
Re: Public Wetlands - Park Land
Dear Ed:
This will confirm the receipt of a letter from you under
date of August 17, 1989, addressed to Mark Koegler, City Planner,
which letter enclosed a resolution adopted by the Park Commission.
It is my understanding the Park Commission is recommending to
the City Council that they designate public wetlands as Mound
park land. You ask if this conflicts with anything, and what
the ramifications are to the City.
I would ask the Park Department what is the reason for going
through this procedure. It appears to me that the reason set
forth in their resolutions as it relates to the wetlands are
true environmental concerns and for those reasons the City is
not going to do things with those wetlands such as filling or
doing other things which would be detrimental to the environment.
The designation of "park land" could create some problems for
the City in the future in that it limits the flexibility of the
City Council.
I have frequently written to the City and advised that once
something is designated as a park, either in the form of dedica-
tion or some other restriction, it places limitations on the
ability of the City to work with that land. Park land has been
determined to be held in trust for the public, and if for some
reason in the future any of these lands are to be changed in
any manner, it would be very difficult for the City to do so once
they become officially park lands. The City would lose its
flexibility and, of course, could create problems between a
future Council and area residents who would use whatever arguments
they could to prevent some City project from going forward.
WURST, PEARSON, LARSON, UNDERWOOD & MERTZ
Page 2
Mr. Ed Shukle, City Manager
August 22, 1989
We as a City staff generally try to recommend things which will
give this City Council as well as future City Councils as much
flexibility as possible in resolving whatever problem is then
before the Council. The proposed resolution would create restrictions
and limitations which would have an affect on future Councils
and their ability to deal with these lands. I am sure that the
reverse side of the coin is that whoever is proposing this resolution
~is in some ways trying to tie the hands of the future Councils
as ~t relates to these lands, and the purpose of the resolution
may be just the opposite of what we as a staff have normally tried
to do, i.e., leave flexibility for the elected representatives
to deal with a problem.
I also do not know if it is anticipated that anything would
be done over and beyond the resolution. This merely designates
public wetlands as park land. Does this mean that a future Council
could designate all park lands as wetlands, or could take out
these public wetlands and create a different status in the future?
I am not sure of the purpose nor can I conclusively tell you what
effect this will have over the long term other than to indicate
to you and to the City Council that the City's flexibility in
dealing with the land would be affected by this resolution.
Very truly yours,
CAP:lh
cc: Mr. Mark Koegler
Curtis A. Pearson
City Attorney
PROPOSED RESOLUT!ON
RESOLUTION TO DESIGNATE ALL PUBLIC WETLANDS AS MOUND PARK LANO
WHEREAS, the City Council has received from the Park Commis-
sion a recommendation to consider public wetlands be designated
as Park lanO. and
WHEREAS, The City Council of Mound finds that there are wet-
lands within the City when, as part of the ecosystem, are criti-
cal to the health, safety and welfare of the land, animals and
People within the City. Definition for wetlands. "Areas with
water standing within 18 inches below, at or above the soil sur-
Face for significant portions of most years, with soils iden-
tified on sci I maps and reports as organic, al luvial, marsh,
muck, peat, water or very poorly drained, or with aoua'tic or
semi-aquatic vegetation dominant." These wetlands, if preserved
and maintained, constitute important physical, aesthetic, recrea-
tional and economic assets for existing and future residents of
the City. Therefore, the purposes of this district are:
To provide For the protection, preservation, proper
maintenance anO use of specified wetlanOs.
To minimize the disturbance to them as to present
damage from excessive sedimentation, eutrophication or
bpi lution.
To prevent loss of fish and other aquatic organisms,
wildlife and vegetation and 'the habitats of 'the same.
To provide for the ~rotection of the City's fresh water
supplies from the dangers of drought, overdraft, pollu-
tion or mismanagement.
'fo reduce the financial burdens imposed upon the com-
munity through rescue and relief efforts occasioned by
the occupancy or use of areas subject to ~eriodic
flooding and prevent loss of life, property damage and
the loses and risks associated with flood conditions.
To preserve 'the location, character and extent of
natural drainage courses.
WHEREAS, the Mound Advisory Park Commission is preparing a
long range recreation Dian for public wetlands, and
WHEREAS, this resolution will be submitted to the City L:oun-
ci I for final approval, and
WHEREAS, this ~lan will carefully indicate areas of Poten-
tial recreation use and areas to be preserved for generations to
come, and
WHEREAS, the City of Mound has in nlace a wetlands ordinance
which controls and protects Private development, and
PROPOSED RESOLUTION
WHEREAS. pursuant to Minnesota Statues, Section 462.3'75,
459.20, 378.3l, Subd. 11, and Chapter 105, the City of Mound does
adopt district boundaries and a map showing said wetland
boundaries: and regulations and controls for all designated wet-
lands within tlae City.
WHEREAS, the wetlands as hereinafter defined shall apply to
wetland areas which are specifically delineated on the Official
Wetlands MaD of the City of Mound which is attached hereto and
adopted as a Dart of this ordinance. For the purposes of de'~er-
miming the application of this wetlands ordinance to any Dar-
ticular parcel of land or water, the above referenced map amd
table listing the Ordinary High Wa~er mark and water elevation
shall De on File in the office of the City Manager an~ shall De
avai ladle for inspection and copying.
NOW, THEREFORE, BE IT RESOLVED that the City Council of 'the
City of Mound, Minnesota does hereby designate public wetlands as
Park land. Al I regulations and controls for recrea'Eion
apply to park land shall apply to wetlands.
August 24, 1989
R.L. YOUNGDAHI. & ASSOCIATES
Mr. Edward J. Shukle, Jr.
City of Mound
5341Maywood Road
Mound, MN 55364
I C'D AU6 2 8 1989
Dear Ed:
I am enclosing back to you, your copy of Curt Pearson's proposed new City
Ordinance. I have reviewed its content for the proper wording to accomplish
what the City of Mound wants done with its liquor license requirements, and
find that the wording is just fine.
The wording in this new ordinance appears to track very much with the wording
that the state uses in its statute, addressing requirements for liquor licensees.
The wording refers to the liquor licensee providing only minimum coverages for
dram shop liability, without actually expressing the dollar amount necessary.
I believe that by using this wording, it accomplishes what you want just fine.
Then you would possibly want to give a copy of the state statutes along to
your liquor licensees for their reference.
Respectfully,
Earl E. Bailey
EEB/bk
Enclosure:
CITY of MOUND
5341 MAYWOOD ROAD
MOUND, MINNESOTA 55364
(612) 472-1155
August 17, 1989
Earl Bailey
R.L, Youngdahl & Associates
10261 Yellow Circle Drive
Minneapolis, MN 55343
Dear Earl:
Enclosed is a letter dated August 15, 1989 fram Cur% Pearson,
City Attorney, with regards to the change the City Council
directed be made in the liquor license ordinance pertaining to
insurance requirements. The City Council took action on August
8, 1989 to amend the ordinance and insert minimum coverages as
required by state law. I want you to review the language that
Curt has 'provided and contact me as soon as possible ~"ith regard
to this so that I can take it back to the City Council at its
meeting of September 12, 1989.
In another matter, I would like to discuss with you further the
Second Injury Fund and the City of Mound's participation. Please
call me on both of these matters.
Edw-~r~ J. Shukle, Jr.
City Manager
end.
ES:is
An equal opDortunity Employer that does not discriminate on the t3as~s of race. color, natio-.a~ cr,cjm, or handicapped status
in the admission or access to, or treatment or employment in. ~ts prc~rar's arc activit,es.
A. THOMAS WURST. P.A.
CURTIS A. PEARSON. P.A.
~JAMES D. LAR$ON. P.A.
THOMAS F, UNDERWOOD,
CRAIG M. MERTZ
~OGER ~. FELLOWS
I-AW O F'F'IC£S
WURST, PEARSON, LARSON, UNDERWOOD & MERTZ
IIOO F'IRST BANK PLACE WEST
MINNEAPOLIS, MINNESOTA 5540~
August 15, 1989
Mr. Ed Shukle, City Manager
City of Mound
5341 Maywood Road
Mound, MN 55364
1989
Re: Liquor Licenses - Insurance Requirements
Dear Ed:
At the Council meeting on August 7, 1989, the Council passed
a motion directing that an ordinance be prepared removing and
reducing insurance requirements for liquor establishments. It
is my understanding that they have agreed with the applicant that
the minimum coverages required by state law should be the coverages
contained in the Mound ordinances.
In accordance with that understanding, I have prepared an
ordinance which amends the City Code to provide the minimum in-
surance requirements and amounts required by Minnesota law. I
have put the ordinance in two forms, the first being in draft
form showing the additions and deletions, with deletions lined
through and additions underlined. The second ordinance says
exactly the same thing, but it is a clean copy with all the changes
taken out. It is my suggestion you discuss this with the City's
insurance representative, and if it is then in order, it can be
placed on the agenda for the Council's consideration.
Very truly yours,
CAP:ih
Enclosures
Curtis A. Pearson
City Attorney
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 800:10,
SUBDIVISIONS 7 AND 8 OF THE MOUND CITY CODE
RELATING TO INSURANCE FOR LIQUOR ESTABLISHMENTS
The
to
City of Mound does ordain:
Section 800:10, Subdivisions 7 and 8, of the City Code are amended
read as follows:
Subd. 7. L~bi-l~ity Insurance. Prior to the issuance of a liquor
license, the applicant shall demonstrate proof of financial
responsibility with regard to liability imposed by Minnesota
Statutes Section 340A.801 to the City Clerk and to the Commissioner
of Public Safety as a condition of the issuance or renewal of his
license. Proof of financial responsibility mz%y shall be given by
filing a certificate that there is in effect an insurance policy or
pool providing-~4~the minimum coverages for dram shop liability
as required b_yshall bca $300,000 combined single limit policy and
&n-aggregate policy of not less than $300,000 per policy year. The
applicant shall comply with the provisions of Minnesota Statutes,
Section 340A.409z Subdivision ! relating to liability insurance
-poti¢i~es. I-f-~-~iab~lity insurance policy is made subject to all
%he-eonditions~of-& bond~under- that statute, the policy may be
aeeepte~-b~ theCoun¢~i~-~in-~ieu-of the bond required under SubS. 6~.
-Prio~ toissuance of a liquor license, the applicant shall file a
~ertificatethat there is in effect an insurance policy providing
tp~btic tiabititycoveragesof, at least $300,000 because of injury
~-at~y--o~e~-perso~-in~.any-one~occurrence and $500,000 because of
i~y-~-t~-tw~.~r~ m~r~persons in any one occurrence, It is the
intent of this section to require the minimum insurance coveraqes
and amounts required by Minnesota law.
Subd. 8. Approval of Security. The security offered under
Subds. 6 and 7 shall be approved by the City Council, and in the case
of applicants for "On-Sale" wine licenses, by the State
Commissioner of Public Safety. Surety bonds and liability
iasurance policies, shall be approved as to form by the City
Attorney. Operation of a licensed business without having on file
with the City at all times effective security as required in Subds.
6 and 7 is a cause for revocation of the license.
Attest:
Mayor
City Clerk
Approved by City Council
Published Official Newspaper
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 800:10,
SUBDIVISIONS 7 AND 8 OF THE MOUND CITY CODE
RELATING TO INSURANCE FOR LIQUOR ESTABLISHMENTS
The City of Mound does ordain:
Section 800:10, Subdivisions 7 and 8, of the City Code are amended
to read as follows:
Subd. 7. Insurance. Prior to the issuance of a liquor license,
the applicant shall demonstrate proof of financial responsibility
with regard to liability imposed by Minnesota Statutes Section
340A.801 to the City Clerk and to the Commissioner of Public Safety
as a condition of the issuance or renewal of his license. Proof of
financial responsibility shall be given by filing a certificate
that there is in effect an insurance policy or pool providing the
minimum coverages for dram shop liability as required by Minnesota
Statutes, Section 340A.409, Subdivision 1. It is the intent of
this section to require the minimum insurance coverages and
amounts required by Minnesota law.
Subd. 8. Approval of Security. The security offered under
Subds. 6 and 7 shall be approved by the City Council, and in the case
of applicants for "On-Sale" wine licenses, by the State
Commissioner of Public Safety. Surety bonds shall be approved as
to form by the City Attorney. Operation of a licensed business
without having on file with the City at all times effective
security as required in Subds. 6 and 7 is a cause for revocation of
the license.
Attest:
Mayor
City Clerk
Approved by City Council
Published Official Newspaper
September 1, 1989
TO: MAYOR
CITY COUNCIL
FROM: CITY CLERK
RE:
TAX FORFEIT PROPERTY
The following three parcels have been reviewed by the Staff and City
Engineer. Their comments and recommendations follow the description.
1. PID #19-117-23 33 0170 - Lot 27, Block 14, Devon.
3200 square feet - zoning R-1 - undersized parcel
Recommend releasing for sale to adjacent property owners only.
2. PID #12-117-24 43 0049 - Lot 25, Block 6, Woodland Point.
3200 square feet - zoning R-2 - undersized parcel
Recommend releasing for sale to adjacent property owners only.
3. PID #13-117-24 32 0062 - Lots 23, 24, 25, 38, 39 & 40, Block 3,
Lakeside Park, A.L. Crocker's 1st Division,
Mound
24,000 square feet- zoning R-3 - poor soils (peat bog)
Recommend releasing for sale with notation of bad soil conditions.
RESOLUTION NO. 89-
RESOLUTION RECONVEYING (IF NECESSARY) CERTAIN
TAX FORFEIT LANDS BACK TO THE STATE AND REQUESTING THE COUNTY
BO~.D TO IMPOSE CONDITIONS ON THE SALE OF SAID TAX FORFEIT LANDS
AND TO RESTRICT THE SALE TO OWNERS OF ADJOINING LANDS
WHEREAS, the City of Mound has been informed by the
Department of Property Taxation of Hennepin County that certain
lands within the City have been forfeited for non-payment of real
estate taxes; and
WHEREAS, the City of Mound has a number of tax parcels
which do not comply with the City's zoning ordinance and building
codes because of a lack of minimum area, shape, frontage, access
problems, or the parcels contain nuisances or dangerous condi-
tions which are adverse to the health, safety and general welfare
of residents of this City; and
WHEREAS, the City was instrumental in obtaining legis-
lation which could allow said parcels to be withheld from public
sale and sold at a non-public sale to eliminate nuisances and
dangerous conditions and to increase compliance with land use or-
dinances and Minnesota Laws of 1982, Chapter 253, Article 39,
Sect. 6 was adopted to provide said authority to the City and the
County; and
WHEREAS, a specific list of tax forfeited lands has
been provided the City and the City wishes to restrict and condi-
tion the sale of certain lands to bring them into conformance
with City ordinances and land use goals; and
WHEREAS, all special assessments were cancelled at the
time of forfeiture and may be reassessed after the property is
returned to private ownership pursuant to Minnesota Statutes
282.02 (also note: M.S. 429.07, Subd. 4; M.S. 435.23 and M.S.
444.076); and
WHEREAS, all special assessments that have been levied
since forfeiture shall be included as a separate item and added
to the appraised value of any such parcel of land at the time it
is sold (M.S. 282.01, Subd. 3).
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Mound, Minnesota:
The County Board is hereby requested to impose conditions on
the sale of the following described lands, and is further
requested to sell such lands only to owners of lands adjoin-
ing at a non-public sale so that said lands will be combined
for tax and land use purposes and will comply with City or-
dinances and regulations:
PID & DESCRIP.
19-117-23 33 0170,
(LOT 27, BLOCK 14,
DEVON)
REASON FOR
AND CONDITIONS
TO BE IMPOSED
SPECIALS LEVIED
BEFORE FORFEIT.
LEVY ~ AMOUNT
Undersized lot to be
sold only to and
combined with adjoining
properties
NONE
SPECIALS LEVIED
SINCE FORFEIT.
LEVY ~ AMOUNT
NONE
12-117-24 43 0049,
(LOT 25, BLOCK 6,
WOODLAND POINT)
Undersized lot to be
sold only to and #7928
combined with adjoining
properties
464.89
NONE
The Mayor and City Clerk are hereby authorized and directed
to release the aforementioned lands for sale, subject to the
County imposing the aforestated conditions and the lien of
special assessments on said lands.
The City of Mound is releasing the above properties subject
to street and utility easements being retained by the City
of Mound.
~ss~
¢OI~IMON
"',4
RESOLUTION NO. 89-
RESOLUTION RELEASING CERTAIN TAX FORFEIT LANDS
TO HENNEPIN COUNTY FOR PUBLIC AUCTION AND
CERTIFYING THE SPECIAL ASSESSMENTS
WHEREAS, the City of Mound has been informed by the
Department of Property Taxation of Hennepin County that certain
lands within the City have been forfeited for non-payment of real
estate taxes; and
WHEREAS, the parcels do comply with the City's zoning
ordinance or building codes and are not adverse to the health
safety and general welfare of residents of this City; and
WHEREAS, all special assessments were cancelled at the
time of forfeiture and may be reassessed after the property is
returned to private ownership pursuant to Minnesota Statutes
282.02 (also note: M.S. 429.07, subd. 4; M.S. 435.23 and M.S.
444.076); and
WHEREAS, all special assessments that have been levies
since forfeiture shall be included as a separate item and added
to the appraised value of any such parcel of land at the time it
is sold (M.S. 282.01, Subd. 3);
NOW, THEREFORE, BE IT RESOLVED by the City Council of
the City of Mound, Minnesota:
That the following parcels of tax forfeited land are
released to the County of Hennepin for public auction
and the City hereby certifies the following special
assessments.
PARCEL PID # & DESCRIPT.
AMOUNT
AMOUNT BEFORE
FORFEITURE
LEVY t
AMOUNT AFTER
FORFEITURE
AMOUNT L E V Y
13-117-24 32 0062
(Lots 23,24,25,38,39 & 40,
Block 3, Lakeside Park, A.L.
Crockers 1st Division
NONE NONE
PLEASE NOTE:
THIS PARCEL HAS BAD SOIL CONDITIONS (PEAT)
WHICH WOULD HAVE TO BE CORRECTED IF BUILDING
WERE TO OCCUR.
1
The Mayor and the City Clerk are hereby authorized and
directed to release the aforementioned lands for sale
at public auction subject to the County imposing the
lien of special assessments on said lands.
The City of Mound is releasing the above properties
subject to street and utility easements being retained
by the City of Mound and the above notes acknowledged
and abided by.
The foregoing resolution was moved by Councilmember
and seconded by Councilmember
The following Councilmembers voted in the affirmative:
The following Councilmembers voted in the negative:
Mayor
Attest: City Clerk
N
BELMONT
BASSWOOD
CED/~
LA
/' /'('LA
LA
September 12, 1989
RESOLUTION'NO. 89-
RESOLUTION ~UTHORIZING THE MAYOR AND CITY MANAGER
TO APPLY TO HENNEPIN COUNTY FOR APPROVAL OF A NEW USE OF
A PORTION OF TAX FORFEITED LAND
PID #14-117-24 43 0024
WHEREAS, on February 8, 1974, the State of Minnesota
issued State Deed #145874 to the City of Mound for wetlands,
described as follows: "That part of the East 214 feet of Lot 34,
Koehler's Second Addition to Mound, lying Southerly of the North
line of Lot 38, Lynwold Park extended Westerly"; and
WHEREAS, part of this property should not be wetlands
but an alley for residents use to have access to their garages.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Mound, Minnesota, does hereby request that the fol-
lowing part of the above described property be approved for a new
use as an alley, "The East 14 feet of the North 235 feet of Lot
34, Koehler's Second Addition to Mound".
Deo~mment of Revenue SD Form 961 (Rev. 1117S)
APPLICATION FOR APPROVAL OF A NEW USE OF TAX-FORFEITED LANDS
AND
ORDER CONSENTING TO CHANGE THEREOF
Pursuant to Minnesota Statutes 1949, Section 282.01, Subdivision 1, as amended
In the Matter of the Application
of CiTY OF MOUND
a Governmental Subdivision, for Approval of a New
Use of Certain Lands Heretofore Conveyed.
Comes now CITY OF MOUND
and alleges: (Name of Subdivision)
I. That applicant is a (a) a Minne~ot;a municipal corporation
2. That on the 8th day of February , 19 74 , there was conveyed
to the applicant certain tax-forfeited land in the County of Hennep i n described
asfoilows: That oart of the East 214 feel; of Lot 34, Koehler~s Second Addition
to MmJnd. lyln_o Southerlv of the North llne of Lot 38, I. ynwold Park extended
Westerly (PI0 #14-117-24 43 0024)
on condition that such land be used for the following purposes: wetlands
3. That said lands are (b) residential and wetlands
4. That applicant desires to obtain approval of the use of the land hereinabove described for a purpose
other than that stated in the condition of the deed hereinabove referred to, for t~he following purposes: (c)
TH~ Fnllow;ng part of the above described properl;y should be used as an alley:
"The East 14 feet Of the Norl;h 235 feet of Lot ,~4~ Koehler~s Second Addition to Hound
5. That (d)
Wherefore applicant prays that the use of the lands for the new purposes hereinabove stated be
approved.
By
Its Mayor
and
Its City Manager
(a) State facts relative to legal organization.
(b) Describe nature of lands, use of surrounding property and other similar facts.
(c) Give statement of facts as to the new use to be made of such lands and the reason for not using them
for the purpose stated in the deed to the applicant.
(d) State facts showing authorization of change of use of the land hereinabove described by resolution of
governing body, attaching copies of resolutions, if any.
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEP I N )
Sl;~ve Smith and Edward J. Shukle, Jr.
each being first duly sworn, depose and say, each for himself, that they are respectively the
Mayor and City Manaqer
of the .. C i ty of Mound ; that they have read the foregoing application and know
the contents thereof; and that the matters stated therein are true.
THIS INSTRLRvtENT WAS DRAFTED BY:
Subscribed and sworn to before me this
day of 19
Francene C. Clark
Name
5341Maywood Road Notary Public,
Address My Commissionex~s
Mound, MN. 55364
County, Minn.
ON LA t
CITY of MIOUND
5341 MAYWOOD ROAD
MOUND MINNESOTA 55364
;612) 472-7155
PUBLIC HEARING NOTICE
CITY OF HOUND
HOUND, MINNESOTA
CASE NO. 89-843
NOTICE OF A PUBLIC HEARING TO CONSIDER A CONDITIONAL USE
PERMIT FOR A CABINET WORKSHOP AND SHOW ROOH IN THE B-I
CENTRAL BUSINESS DISTRICT LOCATED AT 5448 SHORELINE
BLVD., AUDITOR'S SUBDIVISION 170, PaRT OF LOT 36, PID
#13-117-24-33 0024.
NOTICE IS HEREBY GIVEN, that the City Council oF the City of
Hound, Hinnesota, will meet in the Council Chambers, 5341Haywood
Road, at 7:30 p.m. on Tuesday, September 26, 1989 to consider the
issuance oF a Conditional Use Permit For a cabinet workshop and
show room in the B-1 Central Business District located at 5448
Shoreline Blvd., legally described as:
Auditor's Subdivision #I70, West 242-5/8 Feet oF Lot 36,
PIP #t3-I17-24-33 0024.
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," September 18, 1989.
5341 Maywood Road Teiepiscm: -:tT,,~.S:'~ ~
Mound, MN 55c, o4 D s~, ..... ~::.: ~'
EMERGENCY 911
September 6, 1989
TO:
FROM:
SUBJECT:
Ed Shukle
Len Harrell
South West Metro Drug Task Force
The attached resolution is needed to accompany our grant request
to the State of Minnesota for funding assistance for the task
force. This resolution request is new this year (for year 1990).
The proposal has been drafted by members of the task force and
requests additional funding for 1990.
I have also attached the "Joint Powers Agreement" identical to
the one signed for 1989 to continue our involvement in 1990. We
will again need to have the original signed when it is circu-
lated.
L~rrell
September 12, 1989
RESOLUTION NO.
RESOLUTION RELATING TO CITY PARTICIPATION IN
NARCOTICS CONTROL PROGRAM
WHEREAS, the Minnesota Department of Public Safety has
been designated to administer law enforcement funds available
through the Federal Anti-Drug Abuse Act of 1986; and
WHEREAS, the City of Mound is eligible to receive funds
for services set forth in its grant application.
NOW, THEREFORE, BE IT RESOLVED that the City Council of
the City of Mound, will enter into agreement with the State of
Minnesota, Department of Public Safety, to reimburse the City for
money spent for approved activities in connection with its grant
application.
BE IT FURTHER RESOLVED that the Mayor and City Manager
be and hereby are authorized to execute such agreement and any
amendment thereto.
1
SOUTHWEST METRO TASK FORCE
JOINT P~RS AGREEMENT
THIS AGREEMRNT is made by and between Carver County, Scott
County, South Lake Minnetonka, Chaska, Chanhasse~, Shakopee,
Mound, and St. Bonifacius-Minnetrista through their
respective law enforcement agencies.
WHEREAS, Minn. stat. 471.59 provides for the Joint
exercise of powers by two or more governmental units and
specifically allows for Joint exercise of police power; and
WHEREAS, the Southwest Metro Task Force has been crea.ted
by the parties for the interdiction of drug traffickers and
street-level dealers in the named jurisdictions;
NOW, THEREFORE, in consideration of the mutual promises
contained herein, the parties agree as follows:
I.
PURPOSE
The purpose of the Southwest Metro Task Force is to
provide a comprehensive and multi-jurisdictional effort to
reduce drug trafficking and eliminate local street-level
dealers through the coordination of law enforcement agencies.
Once established and funded, the Task Force operations are
to be coordinated by the South Lake Minnetonka Public Safety
Department.
Agents will be licensed police officers paid through the
Task Force fund comprised of pooled local and federal monies.
Agents will act as gathers of information. Offenses taking
place in a specific Jurisdiction will involve the prosecution
of those individuals by that Jurisdictions attorney.
Agents will have discretionary ~owers of arrest in all
Jurisdictions.
Pursuant to Minn. Stat. 471.59, subd. 12. agents licensed
as Minnesota police officers may cross Jurisdictional
boundaries for the purpose of gathering information for the
successful completion of their cases.
II.
FUNDING
The Task Force is to be funded by a combination of federal
money, state money, donations and forfeited money.
South Lake Mlnnetonka, on behalf of the parties, has
applied for and anticipates receiving a federal
grant in an amount yet to be determined.
The grant amount, plus a cash contribution from each
municipality shall be transferred to South Lake Minnetonka for
the administration of the Task Force. Funds may be dispersed
by South Lake Minnetonka, for purposes including, but not
limited to, pension payments, insurance and other costs,
according to applicable State law and with the agreement of
the parties. The books, records and documents relevant to
this Agreement shall be subject to audit by the parties or the
State of Minnesota at reasonable times upon written notice.
Strict accountability of all funds, receipts and disbursements
shall be provided for.
III.
TERM
This agreement shall commence January 1, 1990 and
terminate December 31, 1990.
IV.
All forfeitures of property, money and other assets will
be divided equally among participating agencies at the
termination of the program. Ail permanent equipment purchased
through the program shall be shared by the participating
agencies on a need basis during and after program termination.
V.
LIABILITY
All worker's compensation and civil liability claims will
be handled by the jurisdiction in which the agent is employed.
GENERAL PROVISIONS
This program is to be administered under the jurisdiction
of the Bureau of Criminal Apprehension. All activities are to
be consistent with and subject to the grant application
(attached and incorporated by reference), as well as
applicable state and local laws.
Dated this day of , 1989
CARVER COUNTY
SCOTT COUNTY
BY: BY:
DATED:
SOUTH LAKE MINNETONKA
DATED:
CITY OF CHASKA
BY:
DATED:
BY:
DATED:
CITY OF CHANHASSEN CITY OF SHAKOPEE
BY:
DATED:
CITY OF MOUND
BY:
DATED:
ST. BONI FACI US-MI NNETR I STA
BY:
DATED:
BY:
DATED:
A. THOMAS WU~qST. P.A.
JAMES D L~RSON. P.~
THOMAS F. UNDERWOOD. P.A.
ROGER J. FELLOWS
LAW OFFICES
WURST, PEARSON, LARSON, UNDERWOOD & MERTZ
HOD FIRST BANK PLACE; WE;ST
MINNEAPOLIS, MINNE;$OTA 55m, O:~
August 24, 1989
(SI2) 338-2~25
Chief Len Harrell
Mound Police Department
5341 Maywood Road
Mound, MN 55364
E£C' SEP 1. 1989
Dear Len .-
We have reviewed the draft ordinance intended to provide some
measure of control over skateboarders and teenagers congregating
in the downtown business district. We have rewritten the
ordinance to put it in the same format as the city code.
We have a few observations about the use of such an ordinance
to deal with the stated problems. First, there is a state
trespass statute, Minn. Stat. Sec. 609.605, Subd. o1(5) which makes
it a misdemeanor to:
(5)
trespass upon the premises of another
and, without claim of right, refuse to
depart therefrom on demand of the lawful
possessor thereof.
This statute is available but would require the property
owner or possessor to order the individual from the property. The
individual's refusal to depart would give rise to a misdemeanor
trespass violation. This statute was recently upheld in State v.
Scholberg, 412 NW2d.339 (Minn. App. 1987), where trespassing
charges were made against persons distributing antiabortion
literature from a privately owned sidewalk.
As I read the proposed Mound ordinance, it would apply to
both public and private properties. I see some definite
limitations on the enforcement of the ordinance on publicly owned
or leased properties. The primary limitation and the one most
commonly raised is the first amendment right to free speech which
extends to picketing and handbilling. For example, a person or
union picketing or boycotting a particular product might be
protected if in a public parking lot or on a public sidewalk, but
might not be protected on private property under the Scho!ber~
case.
We raise this issue to alert the city to the fact that
although we support and recommend the adoption of the ordinance,
there are limitations to its applicability and enforceability
which should be brought to the attenti6n of the police.
WURST, PEARSON LARSON, UNDERWOOD & MERTZ
Chief Len Harrell
August 24, 1989
Page 2
The other suggestion that we would make is that violations of
this ordinance be petty misdemeanors, subject to a maximum $100
fine but no jail sentence. With a misdemeanor goes the right to
have a public defender and a jury trial. In reality, I believe
the courts would be imposing small fines (below $100) for these
offenses, even if they were misdemeanors, and the city would gain
nothing but headaches by making violations of this ordinance
misdemeanors. Fo~ example, only the publix defende£ would
challenge the constitutionality of the ordinance on first
amendment grounds or some other basis rather than have a client
pay a $50 fine.
In the unlikely event that there is a problem that requires
misdemeanor treatment, the state trespass statute could be
utilized.
Enclosed please find the ordinance in a form suitable for
submission to the council.
JL:imk
Very truly yours,
8on
enclosure
cc Curtis A. Pearson
Ed Shukle
ORDINANCE NO.
AN ORDINANCE REGULATING
TRESPASSES AND CONGREGATING
ON BUSINESS/MUNICIPAL PARKING
LOTS AND PRIVATE BUSINESS PREMISES
The City of Mound does ordain:
Section 900:11 is hereby added to the City Code and shall read as
follows:
Section 900:11. Trespassing
Municipal
Premises.
and Congregatin9 on Business/
Parking Lots and Private Business
Subd. 1. Definitions.
As used in this ordinance, the words and phrases, except
where the text clearly indicates otherwise, mean:
(1)
Business/Municipal parkin9 lot: Any parking lot
adjacent to or in the immediate vicinity of any
store, restaurant, gasoline station, public or
private office building, commercial building,
industrial facility, or any other facility which
provides free parking for the use and convenience
of employees, customers, patrons, guests or
invitees.
(2)
Private business premises: Any lands or buildings,
or any part thereof, owned or occupied by any
store, restaurant, office, factory, church or any
other business, whether for profit or not for
profit.
(3)
Owner: Any owner or other person lawfully in
charge of a business parking lot, including ~ny
person authorize~ by the owner to exercise rights
granted the owner by law.
Subd. 2. Use of Business/Municipal Parking Lots Restricted.
No p~rson shall drive any vehicle across, through, into,
or out of any business/municipal parking lot in the city
except for the purpose of:
(1)
Parking immediately prior to transacting business
at a place of business, attending church servi.ces,
attending lodge or club activity, attending
promotional event, fair or parade, shopping, or
patronizing a facility open to the public, adjacent
Subd. 3.
Subd. 4.
to or in the immediate vicinity of a business/
municipal parking lot;
(2) Leaving after parking;
(3)
Leaving a passenger to transact business at a place
of business, attending church services, attending
lodge or club activity, attending a promotional
event, fair or parade, shopping, or patronizing a
facility open to the public, adjacent to or in the
immediate vicinity of a business/municipal lot.
(4) Picking up a passenger; or
(5) Parking while employed at a business in the
immediate vicinity;
Congregating Prohibited.
Except for the permitted purposes stated in Section
900.11 Subd. 2, no person shall linger, remain, sit or
stand in any business/municipal parking lot or private
business premises, when prohibited by the owner of a
business parking lot or private business premises as
expressed by a sign or signs posted on the premises
pursuant to Section 900.11, subd. 5, nor shall any
person remain in a business/municipal parking lot or
private business premises after being ordered to leave
the lot by the owner or authorized agent.
Trespassin9 Prohibited.
(1)
No person shall enter or stay on any business/
municipal parking lot or private business premises,
without claim of right or consent of the lawful
possessor, during such hours as entry is prohibited
by conspicuously posted signs; or
(2) No person shall enter upon the land of another and,
without claim of right, refuse to depart therefrom
on demand of the lawful possessor or ~ agent.
Demand:
A demand to depart may be made orally or by posting at
reasonable intervals signs which prohibit trespass on
the affected land. Any city police officer may be
appointed an agent of the lawful possessor of land for
the purpose of making a demand to depart therefrom.
Subd. 5.
Subd. 6.
Subd. 7.
Signs Prohibiting Trespassing and Conqregating.
The prohibitions set out in the section 900:11, Subd. 3
and Subd. 4 shall be in effect at any business/municipal
lot or private business premises where the owner has
posted a sign or signs as provided in those subdivisions
on the premises which are visible to an ordinarily
prudent individual. With reference to sections 900:11
Subd. 2 and Subd. 3, each sign shall contain
substantially the following language:
NO CONGREGATING OR CRUISING
VIOLATORS WILL BE PROSECUTED
With reference to Section 900:11 Subd. 4, the sign shall
contain substantially the following language:
NO PARKING OR TRESPASSING
BETWEEN P.M. AND A.M.
VIOLATORS WILL BE PROSECUTED
Exceptions. The following uses of a business/municipal
parking lot or private business premises shall not be in
violation of this ordinance:
(1)
Entrance by owner, occupant, or the employees and
agents of the owners or occupant;
(2)
Entrance by customers, patrons, suppliers and other
persons having lawful business at the business
premises or other facility served by the business/
municipal parking lot during norma~ business hours,
or when such business or facility is otherwise open
to the public;
(3) Temporary entrance in any emergency;
(4)
Entrance by police officers and city officials' in
the course of their duty.
Penalties.
offense.
A violation of this section shall be a petty
II~C'U AU6 ? 1989
August 4, 1989
To: Mound City Council
% Ed Shukle
The Mound Business and Professional Council, a Council of the
Westonka Area Chamber of Commerce, was presented by Chief Len
Harrell with a rough draft of a proposed new ordinance that would
attempt to address the growing problem of loitering and van-
dalism in our commercial areas. The Council reviewed the proposed
ordinance at its regular August 1 meeting and was unanimous in its
approval of the city's attempt to resolve this problem by this
means. The Council wishes to urge the Mound City Council to act
as quickly as possible to resolve these issues and wishes to cOm-
mend Chief Harrell and his staff for their response to these
concerns.
Sincerely,
Kathy Boese, Chair
Sharon McMenamy, Co-Chair
- rYL I
cc: Fred Guttormson, Len Harre11
APPLICATION FOR SIGH PERA~T
CITY OF MOUND
,^~ o~ ^~,~^,~./4~~x~. ~// ~~.~ 2-~/~p- ~,0,~ ,0.~-c.~
St reLeLe~t Number
(If other than ~[~plicant) '--Name // /
/ Name
WAL-L--AI~'~ BY Ft. = TOTAL
EXISTING SiGNAGE / NUMBER OF SIGNS
HEIGHT OF SIGN z/-/
SIGN SIZE BEING REQUESTED
BY
LENGTH OF TIME SEASONAL SIGN TO BE ERECTED:
City Zip
Address
Address
ADDITION
Square Footage
ZONING DISTRICT
SQ. FOOTAGE OF SIGNS
/
ILLUMINATED: NO X
YES
TYPE OF SIGN:
WALL MOUNT --------
FREE STANDING
PORTABLE bi9 7/-/-[Z,, "lC Z" /f/l'// fex'~9~ ,',,'~ ~
PLEASE DESCRIBE REQUEST AND REASON FOR REQUEST: ~.~'/~
Is sign for a community organization and does it meet all the standards of Section
If additional, information is attached, please submit 8½" X 11" maximum sized drawings.
/Applica~'s Signature
D~te submitted
Recommendation:
APPROVED:
Building Official
168 R 9185
McCombs Frank Roos Associates, Inc.
Twin Cities St. Cloud
15050 23rd Ave. N.
Plymouth, MN
55447
Telephone
612/476-6010
Facsimile
612/476-8532
September 12, 1989
Engineers
Planners
Surveyors
Honorable Mayor and Members
of the City Council
City of Mound
5341Maywood Road
Mound, Minnesota 55364
SUBJECT:
City of Mound, Minnesota
1989 Street Improvement Project
Denbigh Lane
MFRA #7064
Dear Honorable Mayor and Council Members:
On September 8, 1989, bids were opened for the subject project. Enclosed
is a tabulation of the bids received. The low bid of $27,744.00 was submitted
by Widmer, Inc. The Engineer's Estimate for this project was $28,346.00.
Widmer, Inc., is a reputable contractor and, as their bid is below the
Engineer's Estimate, we recommend that a contract be awarded to them in the
amount of $27,744.00.
If you have any questions or need additional information, please contact
us.
Very truly yours,
McCOMBS FRANK R00S ASSOCIATES, INC.
John Cameron
JC:jmj
Enclosures
cc: Widmer, Inc.
An Equal Opportunity Employer
W
J
W
W
W
Z
W
W
W
I--
Z
McCombs Frank Roos Associates, Inc.
Twin Cities St. Cloud
15050 23rd Ave. N. Telephone
Plymouth, MN 612/476-6010
55447 Facsimile
612/476-8532
September 6, 1989
Engineers
Planners
Surveyors
Mr. Edward J. Shukle, Jr., City Manager
City of Mound
5341 Maywood Road
Mound, Minnesota 55364
SEE ? 1989
SUBJECT:
City of Mound, Minnesota
1989 Street Repairs
Hennepin County Road 110
MFRA #8941
Dear Ed:
Enclosed is Aero Asphalt Company's Final Payment Request No. 1 for work
completed on the subject project. The amount of this payment request is
$9,952.42.
We hereby certify that the work was completed according to the plans and
specifications and recommend final payment of the above amount be made to the
Contractor.
If you have any questions or need additional information, please contact
US.
Very truly yours,
McCOMBS FRANK R00S ASSOCIATES, INC.
John Cameron
JC:jmj
Enclosures
An Equal Opportunity Employer
CONTRACTOR PRY ESTTHIeITE NO. 01 P~IGE
~4 1
CITY OF HOUND-i.qS~ STREET REPAIRS-HENNEPIN CTY ROAD 110
01
ENGINEER: HcCOHBS FRANK ROOS CONTRACTOR: AERO ASPHALT, INC.
15050 23RD AUE. N.
PLYHOUTH, HN 55447
DATE: 08/31/89
-- CONTRACTOR PAY ESTIHATE S'UtlltARY --
THIS PERIOD
~ORK COHpLETED
1989 STREET REPAIRS 9,95e.4~
HATERIALS ON SITE
1989 STREET REPAIR8 0.00
ADSUSTED TOTAL
LESS RETAINAGE - OZ PREVIOUS,
9,9S2.42
OZ CURRENT O. O0
TOTAL AHOUNT DUE FOR ~ORK CDHPLETED TO DATE 9,9r-,_~?..42
TOTAL AHOUNT DUE 9,9S8.4~
TO DATE
0.00
9,9~?.. 4~
0.00
9,9SP.4~
APPRO~D:
ENGINEER: HcCOHBS FRANK ROOS
APPROUEO:
CONTRACTOR: AERO ASPHALT, INC.
CONTRACTOR PAY ESTIMATE NO. 01 PAGE
E~94 1
CITY OF MOUND-198~ STREET REPAIRS-HENNEPIN CTY ROAD I10
191~ STREET REPAIRS
ENGINEER: McCDMBS FRANK RODS CONTRACTOR: AERO ASPHALT, INC.
.1..5050 E3RO AVE. N.
PLYMOUTH, MN 5544?
DATE: 08131/89
-- PAYMENT SUHMARY FOR liOl~ COHPLETED TO DATE --
ITEM ITEM CONTRACT UNIT
NO. DESCRIPTION QUANTITY UNIT PRICE QUANTITY
! REHOVE BIT. PAVEMENT 480.0 bT S.50 400.0
~ SA~ING BIT. PAVEMENT 354.0 LF 4.27 4E1.0
3 CLASS 5, IOOZ CR.ROCK 100.0 TON 11.64 0.0
4 TACK COAT 50.0 gAL I. O0 SO. 0
5 BIT.BASE COURSE (2331) ~00.0 TON 20.23 144.4
6 BIT.BINDER COURSE (E'~I) 60.0 TON ES.3& 58.3
7 BIT. EAR COURSE (2341) 55.0 TON ?.S.8~ 58.2
.... THIS PERIO0 .....
AMOLI~T
1,757.67
0.00
50.00
2,gEl. E1
1,478.48
1,505.05
...... TO DATE .......
QUANTITY
400.0
421.0
0.0
50.0
144.4
58.3
58.2
AMOUNT
E,PO0.O0
1,797.67
0.00
50. O0
~:,921.2.1.
1,478.48
1,505.05
TOTAL 1989 STREET REPAIRS
9,9S~.4,~
9,95E.42
CONTRACTOR PAY EST[HATE NO. 0:1. PAGE
S94 1
CITY OF HOUND-t989 STREET REPAIRS-HENNEP[N CTY ROAD 1989 STREET REPAIRS
ENGINEER-' HcCOHBS FRANK ROOS CONTRACTOR; AERO ASPHALT, INC.
.1.S050 8~RD A~. N:'
PLYflOUTH, HN 55447
DATE: 08/';3.1./8~3
-- PAYMENT SUNMARY FOR MATERIALS ON SITE --
TI.IlS PERIOD
ITEM ITEM CONTRACT I.NITS INVOICE UNITS TOTAL
NO. DESCRIPTION QUANTITY DELIVERED PRICE ON SITE ITEN VALUE
O3
TO DATE .............
INVO ICE UN ITS TOTAL
PRICE ON SITE ITEM VALUE
TOTAL .1.589 STREET REPAIRS
O. O0 O. OO
ORIGINAL CONTRACT PRICE 18,3S5.48 + CHANGE
0.00 = REVISED CONTRACT AHOUNT 18,355.48
BILLS ...... SEPTEMBER 12, 1989
BATCH 9083
BATCH 9084
TOTAL BILLS
58,191.70
98,522.17
156,713.87
NO. ih¥OICE
P~lr_r,k ASE JOURNAL CITY OF MOI~ID
I~OICE DJE HOLD
~TE DATE STATUS
PRE-PAID
8/29189 8129/89
BRTA+I -?JiYK ~I)OUCTS VENDOR TOTAL
PRE-PAID
8/2?/8.9 8127189
CITY COUNI'¥ ~EDIT ~I~ ~ TOTAL
CC'...:~20 PRE-PAID
8/2.9/89 8/29/89
CITY DF MOUND VENbOR TOTAL
C0923 PRE-PAID
8/2.9/89 8127/89
CITY OF WAYZATA VENDOR TOTAL
C .099.,.9 PRE-PAIl)
8/2~tB9 8/29/89
C1001 PRE-PAIl)
8/'~/89 8/271B9
I)1219 PRE-PAID
8/271B9 812q/89
IELIERT RUIXI.PH VENDOR TOTAL
E14~ PRE-PAID
8/27/89 8/29/89
PRE-PAID
8t27/~ 8/27/8~
ED PHI~I~ & SONS VENDOR TOTAL
PRE-PAID
8/27/8.9 8/29/89
~T ~ST LI~ ~ ~ TOT~
8/~/~ 8/~/8~
A,'qOL~4T
3.9.01
117.04
156.05
1.56.05
2.610,~
2,610.00
2610.00
20.00
26.48
46.48
46.48
8.50
8.50
8.50
49.50
1.80
51.30
51.30
2,205.72
2:~5,72
2205.72
150.48
150.48
150.48
5,77-
572.16
441.2?
24.9.60
11.32-
67%57
I~1.73
1
1 .~3.00
1363.00
DES'CR!PTION
ROCK
ROCK
JR~-CD
CR ~ION 8/19 PR
dR)IL-CD
P!C-L~O'IES
P/C-
JRM.-CI)
LIC-86 CHEV-RCL899
JR)i.-CD
LIFE PREM
LIFE PREM
JRNL-CD
SIT 8/19 ~
JRM.-C~
16.5 CONTRACT HOURS
JR~-CD
WINE
DISC
JRNL-CD
LIO
WI~
DISC
OR~&-CO
COMP 8/19 PR
~NL-CI)
~TH 8/17 PR
JRM. -CD
ACCOL~IT NUMBER
73-7300-2340
01-4280-2340
1010
01-2040-0000
1010
01-4140-4120
01-4140-2200
I010
PF:E-PAID
A~iUNT CHECK
01-4140-4140
I010
155.05 297-
01-2040-0000
01-4190-1520
1010
2610.00 2?9.7:
01-2040-0000
I010
46.48 297
81-4L:~nO-3100
1010
8.50 2?7'
71-7100-9520
71-7100-..~0
1010
71-7100-9510
71-7100-9520
71-7100-9560
1010
51 .~ 297
22~.72 29..7
15~.~ 2?7,
572.16 2?7
679.57
01-2040-0000
I010 1363.r
01-2040-0000
i010 ~.60
297
PA~E 2
AP-C02-01
INVOICE DUE HOLD
NO. INUOICE NM~ DATE DATE STATUS
PURCHASE
CITY OF MOUND
AMOUNT DE(~CRIPTION
JOURNAL
ACCOUNT NLPciBER
PRE-PAID
AMOUNT
CHECK
GROUP HEALTH ~AN VENI)OR TOTAL
G1972 PRE-PAID
8129189
PiUE-PAIO
8/29189 8/29/89
GRIOO9 CIX]PEI~ & COMPANY ~ TOTAL
)-K2091 PRE-PAID
8/29189 8/29189
~ INC VENI)OR TOTAL
H2145 PiUE-PAIi)
8/29/89 8/29/89
HE)i~ CO SUPPORT & CDU.ECT* VENI)OR TOTAL
I2301 PRE-PAIl)
8/29/89 8/29/89
IC{'IA RETIREMENT TRUST-457 VENDOR TOTAL
I27~04 PRE-PAIl)
8/'29/89 8/2~/89
ICMA RLrTIREI'iENT TRLPJT-401 VENOOR TOTAL
J2571 PRE-PAID
8129189 8129/89
~ TAFFE VENOOR TOTAL
J2579 PiUE-PAID
8129189
~-PAID
8129189 8129189
JOHNgDN BROS WI.E)LESALE LI* VENIX]R TOTAL
K2712 .PRE-PAII)
8/29189 8/~/89
235.60
46,3.74 LIQ
9.27- DISC
2.70 IRT
45'7.17 ,.RNL-CD
412.73 LIQ
342.67 WINE
15.84- I)ISC
5.88 FRT
~.~ MIX
782.42 dRNL-CD
30.00 SERVICE MANUAL-~ILLE
30.00 JRNL-CD
288.46 9UPP OEO 8/19 PR
288.46 JRNL-CI)
288.46
48'2.90 IC~ 45-/ 8/19 PR
48'2.90 JRNL-CD
91.~ ICMA 40L 8/19 PR
91,~ JR)It.-CI)
91 .~
461.50 71 CONTRACT HDURB
461.~ dRNL-CI)
461.S0
1,743.58 LIQ
1,077.30 WINE
45.69- DISC
2,775.19 ,JRNL-CI)
775.11 LIQ
750.98 WINE
23.03- DISC
1,503.06 JR~E-CD
4278.2.5
71-710Q-9510
71-7100-9560
71-7100-9600
1010
71-7100-9510
71-7100-~20
71-7100-9~-~0
71-7100-9600
7t-71(~-9540
1010
4b-7.17 ~7
782.42 297
01-4290-4110
1010 30.00 ~7
01-2~}40-0000
1010 288.46 ~7
01-2040-0000
I010 482.~0 29..7
01-2040-0000
1010 91.~ ~7
01-4340-3100
1010
71-7100-9510
71-7100-~
71-7100-9560
I010
71-7100-9510
71-7100-9520
71-7100-9560
1010
~-6000-~I0
1010
461.50
2~5.19 297
1503.06 ~7
~.32 ~7
PAGE 3
~-~2-01
VENDOR INVOICE I)X HOLI)
NO. INVIOICE NMBR DATE DATE STATUS
KOF. NIG & SO~.I~T VL~ TOTAL
L.~, 12 PRE-PAID
8/29/89 8/29,/89
LOEFFEL-EI~TRANO CO ~,~OR TOTAL
M3(7)0 PRE-PAID
8129189 8129189
MEO CENTER FEALTH PLAN ~ TOTAL
PRE-PAIl)
MN BENEFIT ASSN VENDOR TOTAL
M3401 PRE-PAIl)
812918~ 8129189
!~ {~TII~{~ SYSTEM VENDOR Ti]TN.
M3520 PRE-PAID
8129189 8129189
MOUND POSTMAST~ VENI)OR TOTAL
M3&31 PRE-PAIl)
8129/89 8129189
MUTUAL BI~EFIT LIFE VENDOR TOTAL
N3749 PRE-PAIl)
812~!89 8129/89
NORTH CENTRAL SECTION Ak~ VENI~R TOTN.
P3~50 P~E-PAII)
8129189 8/29189
P E R A VENDOR TOTAL
P~IO PRE-PAIl)
PHILIP HAUGEN
P4030
81~189 81~189
VENOOR TOTAL
PRE-PAIl)
8/~1~ 8/29/..~
PURCHASE JOURNAL CITY DF MOUND
AMOUNT DESCRIPTIDN
ACCOUNT NUMBER
5~3.32
7,118.07
3~571.00
10,689.07
10689.07
1,175.49
1,175.49
1175.49
140.05
140.05
140.05
59.21
118.43
118.43
552.99
552.99
552.99
IOO.O0
100.00
100.00
5,957.05
5,%'7.05
60.00
80.00
175.OO
175,00
6.563.10
6,829.10
PYMT 8-FINAL-PW
PYMT 8-FINAL-PW
dRil.-Ci)
MED CNTR-8/19 PR
,.~L-CI)
DEF COMP 8/19 PR
dRNL-CI)
PO~TG-WTR BILLS
POSTG-WTR. BILLS
JRNL-CI)
LTl)
,JRNL-CI)
AWWA CO~-SKIM~ER
JRNL-CI)
PERA 8/19 PR
dRNL-CI)
PHP 8/19 PR
~ RETIREE
,_~iNL-CI)
28-2040-0OO0
60-6000-53OO
1010
01-2040-0000
I010
01-2040-0000
I010
01-2040-0000
1010
73-7300-3210
78-7800-~!0
1010
01-2040-00OO
1010
73-7300-4110
1010
01-2040-ODD0
I010
01-4340-3800
01-1190-OOOO
01-1190-DODO
I010
01-2040-ODD0
01-4140-1510
I010
PRE-PAIl)
AMOUNT
10689.07
140.05
118.43
.552.99
lDO.OD
59b'7.05
175.00
68~.10
CHECK
P~]E 4 PURCHASE JOURNAL
AP-C02-01 CITY DF MDgND
VE)~DOR INVOICE DUE HOLD
NO. INVOICE NMBR DATE DATE STATUS AMOUNT [~E~RIPTION ACCDU~FF )~JMBER
PHYSICIANS DF MN k~-?*,~."C)DR TOTAL 6~i10
P4031 ME-PAID 183.65 SEPT ~-M I'HARALSON 01-4140-1510
8/29/89 $/29m/~'9 183.6'5 JRNL'CD 1010
PHYSICIANS ~ ~ VE?~OR TOTAL 18~3.65
P4115 PRE--PAID 200.00 SUPPL INS 8/19 PR 01--2040--0000
8/29/89. 8/29/89 200.00 JRNL'CI) 1010
PRUDENTIAL IN~JRANCE COMPA ~NDOR TOTAL
04171 PRE-PAID
8/29189 8/29/89
PRE-PAID
8129189 8/~/89
QUALITY WINE & SPIRITS VENDOR TOTAl.
R~259 PRE-PAID
8129189 8129,189
ROBERT E JOHNSON VENI~]R TOTAL
S4,500 PR.E-PAID
8/29/8~ 8/29/89
STATE BANK OF ~OUN1) UE)~O~ TOTAL
S4511 PRE-PAID
8/29/89 8/29/89
STATE CAPITOL CREDIT UNION VENDOR TOTAL
Z6042 PRE-PAID
8/~/89 8/29/89
)~ARY LEE HILYARD VENDOR TOTAL
TOTAL ALL ~,_"ENDORS
2,297.60 LIQ 71-7100-9510
17.~ WI~ 71-7100-9520
46.47- DISC 71-7100-9~)
33.90 MIX 71-7100-9540
2,302.28 JRNL-CD 1010
2,341.67 LIO 71-7100-~10
503.50 WINE 71-7100-952'0
51.90- DISC 71-7100-9560
2,793.27 dRNL-CD I010
616.96 64 CONTRACT HOIJRS 01-4340-3100
616.96 JR~-CI) 1010
616.96
10,032.17 FIT 8/19 PR 01-2040-0000
10,032.17 JRNL-CD 1010
10032.17
498.33 CR UNION 8/19 PR 01-2040-0000
498.33 dRNL-CD 1010
498.33
5,00 I~:'UNO-OVERCH6 W~ B~LL 79-1191-0000
5,® JRNL-CD 1010
58.191,70
PRE-PAID
A~OUNT CHEC~
~0.00
~02.28
27~.27
616.96
lO0.~r2.17
498.33
5.00
P U R C H A S E j i U R N A L
CITY OF MOUND
VENOOR INVOICE DUE HOLD
NO, INVOICE NMBR DATE DATE STATUS
/07
A-I MINNETDNKA RENTAL
~60
?/07/89
VENDDR TOTAL
9/07/~ 9/07/~
AMOUNT DESCRIPTION
17.25 RENT CHAIN SAW
17.25 JRNL-CD
17.25
18,22 OFFICE SUPPLIES
41.~ OFFICE 9UPPLIE8
36.71 OFFICE 9UPPLIES
64.56 OFFICE SUPPLIES
8.71 OFFICE ~JPPLIES
7.04 OFFICE SUPPLIES
4.35 OFFICE SUPPLIES
5.6! OFFICE SUPPLIES
4.93 OFFICE SUPPLIES
44.01 OFFICE 9UPPLIES
.58 OFFICE 9UPPLI£$
177.80 CHAIR
414.12 dRNL-CD
ACCOUNT NUMBER
22-4170-22OO
1010
01-4040-2100
01-40~-21OO
01-4140-2100
01-4170-21OO
01-4340-2100
01-4280-2100
71-7100-2100
73-7300-2100
78-7800-21OO
01-4070-2100
01-4290-2200
78-78(X)-8510
1010
~E-PAiD
AMOL~T CHECK
VENDOR TOTAL 414.12
9J07/I)9
9/07189
80.04
38.64
8.28
8.28
52.44
-8.28
41.40
19.32
19,32
276.00
SLEPT RADIO
SEPT RADIO
SEPT RADIO
SEPT RADIO
SEPT RADIO
SEPT RADIO
SEPT RADIO
SEPT RADIO
SEPT RADIO
SER~
SERV
SE~
SER~
SE~
SE~
SE~
SER~
SERV
CONTRACT
CONTRACT
CONTRACT
CONTRACT
CONTRACT
CONTRACT
CONTRACT
CONTRACT
'CDiTRACT
01-4~0-3950
01-4340-3!~,.,0
01-4190-3950
01-4~,~0-3950
01-414,0-3950
O1
73-7300-3950
78-78OO-3950
22-4170-3950
1010
AIR ~ DIVISION
VENDOR TOTAL 276.00
A0270
?/07/89 9/07/89
lO5.00 FEART MANUALS
105.00 ~NL-CD
01-4150-2200
1010
AMERICAN FEART ASSN
VENDOR TOTAL 105.00
9/07/89 9/07/89
225.50
226.50
452.00
FEES-84 FIRE
FEES-GQ 84
JRNL-CD
21-4170-6120
59-6000-6120
1010
AHERI~ ~TIDNAL B~
VENDOR TOTAL
9/07/89 9/07/89
~52.00
7.50
7.50
12.50
27.50
AUG OXYGEN
AU~OXYGEN
AUG OXYGEN
J~IL-CD
73-7300-22OO
78-78OO-2200
01-4~,~90-22OO
1010
BAl'ht(E ~ANY VENOOR TOTAL
27.50
C0920
9/07/89 9/07/89
'
· *'l~lmm~ll~ ~ITY OF ~ ~ TOTAL
15.24
15.24
15.2~
W'~ BILL
JRNL-CD
71-71OO-37~0
1010
P~3E 2
~'~-C02-01
VENDOR INVOICE
NO. INVOICE NMBR [~qTE
DUE HOLD
DATE STATUS
PURCHASE
CITY OF MDUND
AMOUNT DESCRIPTION
JOURNAL
ACCOUNT NUMBER
PRE-PAID
AMOUNT
CHECK-..
CCA~40
CLEAN STEP RENTAL
C0~60
9/07/89. 9/07/89
~]'4DOR TOTAL
COAST TO COAST
C0~70
?/O7/89 ?/07/89
VE)4DOR TOTAL
9/07/89 9/O7/89
CDCA COLA BOTTLING-MIITWEST VENOBR TOTAL
C0997
9/07/89 9/07/89
CO{IMERCIAL ASPHALT CO., VENI)OR TOTAL
C1010
9/O7/89 9/O7/89
~ICATION AUOITOR VENIX)R TOTAL
CLIO0
9107189 9/07/89
C~PY DUPLICATING PRODUCTS VENDOR TDTAL
D1175
bq{..E HAMRE
0120O
DAY DISTRIBUTING CO
I)!320
DONALD BRYCE
9/O7/89 9/O7/89
VENOOR TOTAL
9/07/89 9/07/89
VENDOR TOTAL
9/07/89
~AENIb]R TOTAL
26.35 AUG RUG RENT
22.37 AUG RUG RENT
48.72 JRNL-CO
48.72
12.13 AUG I-II~E
20.78 AUG HI)WE
.89 AUG HI~E
8.39 TIMER
36.~ AUG HOktE
39.60 AUG H[I~E
6.56 AUG HDWE
78.50 AUO HOWE
35.95 SHEETING-GAS TANK REMOV
~0.23 JRNL-CD
309.64 AUg MIX
309.64 JRNL-CO
309.64
194.26 ASPHALT
194.26 dRt,I.-CD
194.26
203.43 PAGER REPAIR
2O3.43 JRNL-CO
203.43
21.00 COPIER MAINT-AUG
21.00 JRNL-CO
21.00
255.75 46.5 ~ VIOEOTAPING
255.75 JRNL-CO
5.492.95 AUG BEER
5.492.95 ,J~L-CD
5492.~
41%00 AUG CHIEF SALARY
417.00 ~NL-CD
~17,00
01-4320-4210
71-7100-4210
1010
01-4~0-2200
O1-42'EK)-~O0
01-4140-~00
01-4020-2200
01-4340-2200
01-4340-2300
73-7300-2200
78-7800-2200
78-7800-2300
22-4170-2~00
60-6000-2200
1010
71-7100-~
I010
01-4~0-2340
1010
22-4170-3820
1010
78-7800-39~
1010
01-4030-3100
1010
71-7100-95~
1010
22-4170-1370
I010
P~GE 3
APoC02oO1
VENI)OR INVOICE OUE HOLD
NO. INVOICE N~BR DATE DATE STATUS
o)
D1..~32
9/07!~ 9/07/89
I~ INIIISTRIE5. INC.
UENOOR TOTAL
E14~
EAST SIIIE BEVERAGE
E1485
9/07/89 9/07/89
VEI~lOR TOTAL
9/07/89 9/07/89
EQUIPtENT SUPPLY INC VENI)OR TOTAl.
F156-0
9/07/89 9/07/89
FIRE CONTROL EXTIN6UISHER VENDOR TOTAL
F1650
9/O7/89 9/07/89
FLEXIBLE PIPE TOOL CO VENI)OR TOTAL
F16~0
9/07/89 9/07/89
FOUR STAR BAR SUPt~.Y - VE)~)OR TOTAL
G1840
GEMJII~ P~I'S ~
01870
O193O
9/07/89 9/07/89
VENI30R TOTAL
9/07/89 9/07/89
VENOOR TOTAL .
9/07/89 9/O7/89
TRAINING SERVICES
61WO
HE~ CO SNERIFFS DEPT
VENDOR TOTAL
9/07/8~ 9/07/89
VENDOR TOTAL
9/07/~ 9/07189
V~.~OR TOTAL
PURCHASE
CITY DF MOUND
JOUPNAL
AMOUNT DESCRIPTIDN ACEDUNT NUMBER
299.40 CHLORINE 73-7300-2260
2~9.40 JRNI_-CD 1010
299.40
7,729.50 AU~ BEER 71-7100-9530
7,729.50 JRM_-CO 1010
175.00 HT/AC MAINT 8-12/89 01-4020-3800
175.00 dRNL-CI) I010
175.00
39.90 RECHG EXTINGUISHER5 01-4140-3820
39.90 dRNL-CD I010
3~.90
104.48 NOZZLE I)(I)STE~ 78-7800-2300
104.48 dRNL-Lr'I) 1010
104.48
89.57 AUO )IIX 71-7100-9540
195.90 AUO MISC 71-7100-9550
285.47 dRNL-L'I) 1010
285.47
59.62 HOSE 01-4340-2200
59.62 JRNL-CI) 1010
59.62
258.33 AU~ MARCJ'iALL SALARY 22-4170-1370
258.33 JRM.-CO 1010
106.00 PtJRSUIT-~L,LARSON 01-4140-4110
106.00 JRNL-CO 1010
106.00
8.48 MTG EXP 73-7300-4110
8.48 JRNL-CI) 1010
8.48
443.50 .JULY 800KING FEE 01-4110-4250
443.50 JRNL-CO lOlO
443..~0
DA*
Tlr
PRE-PAID
AMOUNT CHECK
PACE 4
AP-C02-OI
VENDOR I~0I~ DUE HOLD
~.I~0I~ P~IBR ~E D~E STAT~
PURCHASE
CIT¥~ ~UND
~MOUNT DESCRIPTION
JOURNAL
ACCOUNT NUMBER
PRE-PAID
AMOUNT
DA1
TI~
CHECK...
h~ CO TREA~
HC~RDSIMAR
12400
I ~d~l) PARK
J24,10
JBDISTRIBUTI~
dAMES FACKI_ER
d2500
~ BERTRANO
d2580
9/07/89 9/07/89
VENDOR TOTAL
9/07189 9/07189
VENDOR TOTAL
9!07/89 9107189
VENOOR TOTAL
9/07189 91O7189
VENDOR TOTAL
9/07189 9/07/89
VENIX]R TOTAL
9/O7189 9/07/8~
VE]'a)OR TDTAL
9/07/89 9/07/E~
PAPER
VENDOR TOTAL
9/07/89 9/07/89
VENDOR TOTAL
9107/89 9/07/89
L-J RUBBER ST.A~ Q]MP~Y
LL'~O
LEONARD HARRELL
L2~.O
VEI~fl]OR TOTAL
910718? 9/07/~
VENDOR TOTAL
9/07/89 9/07/89,
1,3O9.75 dULY BDARD
1,309.75 JRNL-CD
130~.75
483.00 CE]~'TERY ~qlNT
28.4O CITY HALL MAINT
511.40
511
44.67 RECHG A/C
1~0.53 ll~ ~ C70
42.15 ~EA~
42.15 ~-CD
42.15
153.53 CON: EXP
153.53 JRNL-CD
153.53
33.44 MTG EXP
33.44 dI~L-CD
33.44
265.0~ BAGS
265.00 dRNL-CD
265.00
13.50 RECYCLE CD~ EXP
13.50 JR~.-CD
13.50
4.47 RUBBER STAMP
8.95 dRNL-CD
8.95
172.12 EDUC REIMB
172.12 JRNL-CD
172.12
64.46 HDSE.SPACER
64.46 dRNL-CD
01-4110~4250
1010
80-~00-1300 ,,
01-4320-1300
1010
Z2-4170-~?',00
78-7800-3810
1010
01-42~)0-~'~
1010
01-4340-4110
1010
01-4190-4120
1010
71-7100-Z200
1010
01-4270-4120
1010
73-7300-~00
78-78(X)-2200
1010
01-4140-4110
1010
01-43q0-2310
1010
PAGE 5
AP-.C02-01
VENDOR
NO. INVOICE NMB~
PURCHASE JOURNAL CITY DF MDUND
OAT
Ti['
INVOICE DUE HOLD
DATE OATE STATUS AMOUNT DESCRIPTION
PRE-PAID
ACCOUNT NUMBER AMOUNT CHECK
LONG LAKE FORD TRACTOR VENI)OR TOTAL
9/07189 9/07/89
MAC~ EQUIPIf. NT INC VENOOR TOTAL
9/07189 9/O7/89
MARK VII DISIRIBLITOR VE)aX)R TOTAL
83170
9/07189 9/07/89
METRO WASTE CDNTROL I~I* VENIK)R TOTAL
M3271
9107/89 9/07/89
lin CELLULAR TELEP~ CO VEN~ TOTAL
9107/8Y 9/07/8~
MN ANIMAL CDNll~OL 8 VENDOR TOTAL
MN OFOA
1~470
9/07/89 9/07/89
VENDOR TOTAL
9/07!89 9/07/89
MN VALLEY TESTIN$ LABORATO VENOOR TOTAL
MOTOROLA
9/07/89 9/O7/89
VENDOR TOTAL
9/07/8~ 9/07/89
MOUNO FIRE [EPARll~ VENOOR TOTAL
9/07/89 9/07/89
MOUNO FIRE RELIEF ~ '~ENDOR TOTAL
64.46
20,~ REPAIR KIT 01-4~0-2310
20.85 JRNL-CD 1010
8.692.70 AUG BEER 71-7100-9530
8,6~.70 ul~l.-CO 1010
8692.70
31.56%05 9EFT 9Ek~'R~ERVICE 78-7800-4230
12,294.96- 9EPT 9Ek~R SERVICE 78-1190-0000
615.86- SEPT SEWER ~ERVICE 78-3812-0000
18,658.23 dRNL-CD I010
18658.~
62.38 CELLULAR TELE 01-4140-3220
62.38 dRNL-CO 1010
62.38
30.00 .MACA COM:-HIFLANO 01-4140-4110
30.00 dRM.-CI) 1010
120.00 MNOFDA COM: REOISTR 01-4090-4110
120.00 dRNI.-CD 1010
120.00
44.00 WATISt ANALYgIS 73-7300-3100
44.00 dRM.-CI) 1010
2,508.50 6 MONITOR RECEIVER9 ~-4170-,~00
2,508.50 ,JRNL-CD 1010
2508.50
5,358.25 AUG SALARIE9 22-4170-1390
1:000.00 AUG MAINT 22-4170-31~
627.00 AUG ORILL~ 22-4170-1380
6,985.25 ,JRHL-CD 1010
6985.25
4,871.83 !SEPT FIRE RELIEF PENSIDN ~-?~-1400
4,871.83 JRNI.-C1) 1010
4871 .~
PAE 6
APoC02-01
140. INVOICE )~fllR I~qlE DATE STAll. Lq
PURCHASE
CITY OF MOl. AiD
AMOUNT DESCRIPTION
JOURNAL
PRE-PAID
AMOUNT
CHECK,:
M~t.5 {'W~qLTH D~T
MTKA PORTABLE DREI~
91O7189 9/07t89
VEN~ TOTAL
VENDOR TOTAL
9/07/81 ?/07,89
I~IRTHEF~ STATES POllER CO VENDOR TOTAL
9/07/89 9/07/89
ORKIN EITEI:U~INATI~ COI'f~AN VE?,a)OR TOTAL
PAUL HENRI
P4000
PEPSI-COLA CO~Ir
P4QO1
PET~ TOP
P4040
PII'),EY i~4]WES I~
P4060
9/07/89 9/07/89
VENDOR TOTAL
9/07/89 9/07/89
VEI~IR TOTAL
9/07!89 9107189
~ TOTAL
9/07/~ 9/07f89
~ TOT~
9/07/89 9/07/8':)
~ DISTRIBUTII~ SI] VE~EEIt TOTAL
9/07/89 9/071~
RA~Y'S SANITATION VE)~. ~TAL
55.60 LAB TESTS
55.60 JRNL-CD
2,5OO.00 DRE~E COOKS BAY RAMP
2,5OO.00 JRNL-CD
472.~5 AU~ ELECTRICITY
54.71 AUG ELECTRICITY
607..54 AUG ELECTRICITY
450.73 AUG ELECTRICITY
242.32 AUG ELECTRICITY
3,1~5.76 AUG ELECTRICITY
1,070.39 AUG ELECTRICITY
6,063.~ JRNL-CD
~3.OO SEPT PEST CONTROl.
~3.00 JRNL-CD
43.OO
126.48 REI~-SPS PY~-BAU. VALVE-{~Y
126.48 JRNL-CO
126.48
278.55 AUO MIX
278.55 dRNL-CD
278.55
5.00 FOA~
5.OO ,JRM.-CD
5.OO
109.50 POSTG METER RENT 9-12
109.50 JRNL-CD
109.50
4,050.70 AUG BEER
4,050.70 ~L-CI)
4050.70
73.O0 ,qUO GARBAGE
73.OO
73. %0
01-4140-3140
1010
01-4.379-4100
I010
01-4280-3710
01-4340-3710
01-4320-3710
71-7100-3710
~-4170-3710
73-7300-3710
78-7800-3710
1010
01-4320-4200
1010
22-4170-22OO
1010
71-7100-!~340
1010
01-4280-2310
1010
01-4320-3210
1010
71-7100-95.~
1010
01-4320-3~0
,o,o IlO
Pt~'E 7 PURCHASE ,JOURNAL
Ao'C02'O1 CITY ~ MOUND
VENODR INVOICE DUE HOD) PRE-PAID
NO. INVOICE ~B~ DATE OATE ~All.~ AMOUNT OE~CRIPTION ACCOUNT NUMBER .q~? CHECE
R¢280 2(X).O0 AUG A,~T CHIEF SALARY ~-4170:1370
9/07/89 9/07/89 200.00 ,JRNL-CI) 1010
RONALD ~ VENOOR TOT~ 200.00
Re,290 612.93 ALIO ICE 71'7100-9540
9/07/89 9/07/89 612.c)3 ,.IRNL-CD I010
RON'5 ICE CO~P~Y ~ TOTAL 612.~
~9 16.~ ~I~ 01-43~-~I0
9/07/89 9/07/89 16,56 ,JRNL-CI) 1010
~ & ~ ~ TOTAL 16.~
S4450 ~.95 SCAAgER 78-7800-5510
9/07/89 9/07/89 c)9.~ dRI~IL-CI) I010
ST BONI FARM STORE VI~ TOTAL 99.95
9/07/89 9/07/~
944.26 FORI) ~ STEERING 01-4280-3810
351.85 REiULAOEiSPRIN6-I5 01-4280-3810
1,296.11 dRNL-CD I010
'TOTAL 1296.11
9/07/89 9/07/89
67.50
76.50
144.00
MI]IJTI~IECEE;
MI]Ull~IECES
dRNI.-CI)
01-e,140-2200
01-4140-2200
1010
STREICHE]¥S VENDOR TOTAL
~11
9/07~ 9/0?/89
SIJB.~ ~ILITIES SLq~T ~ ~ TOTAL
~Jl'PHEN CORP
T~?16
Te,730
9/07/89 9!07/89
VENI]OR TOTAL
9/07/89 9/07/89
Vl~]OR TOTAL
9/07/89' 9/07/89
9ENIX~ TOTAL
144.00
421
421.4~
~21
119.0~
119.00
119.00
133.~
~.I~
38.~9
RE~ISTR ~
dRI~.-CI)
BOLTS,WASHERS
dRl~.-CI)
TEI'P HELP
dRNL-L"I)
LEGALS
LEGALS
BII) AD-I)ENBIBH
73-7300-4110
1010
22-4170-2200
I010
01-4270-1300
1010
01-40~-3510
01-4190-3510
01-4280-3S10
71-7100-3410
1010
P~E 8 PURCHASE JOURNAL
AP'C02'01 CITY ~ MOUN1)
VEltDOR INVOICE DUE HOLD
NO, INt.~)ICE NI1BR DATE DATE STATUS
T4T70
9/07/89 9/07/89
~ I)ISll~IBUTI~ ~ ~NI)OR TOTt
T4780
9/07/89 9/07/B9
ll~l~IFTY ~YI)ER I)RUO NO4 VENI)OR TOTAl.
9t07/89 9/07!89
TWIN CITY ~ ,JIJI~ C8 9ENI)OR TOTAL
9107189 9107189
VANIX]REN-HAZARD-STALLI)~3S VENIN3R TOTAL
~70
WALL STREET JOURNAL
9/07/~ 9/07/89
~ TOTAL
9/07/89 9/O7189
WATE~ PRODUCTS COI'~A~Y VENDOR TOTAL
~STDI~F.A S~ITATI$
W56SO
WILLIA~ M ~IJI)SSN
WILLIAMS STDRE INC
9/07/89 9/07/B9
· VENDOR TOTAL
9/07/89 9/07/B9
VENDOR TOTAL
9/07/~ 9/07/89
VEI'~)ORTOTAL
9/07/89 9/07/89
VENDOR TOTAL
Al'Igbttl' DESCRIPTION ACCOUNT NU~ER
11.13.00 AUO ~ER 71-7100-I~30
11,138.00 JRNL-CD 1010
111.'~.00
37.98 FILM 01-4190-2200
37,98 JRNL-CD 1010
37.98
~.40 AUG MIX 71-7100-9540
~.40 dRNL-CI) 1010
455.00 dULY PLAN CONSULT 01-4190-3100
455.00 dRNL-CI) 1010
100.00 WAIL ~TREET dOURNAL 01-1285-0000
~.00 WALL STREET dOURNAL 01-4090-4170
129.00 dRNL-CI) I010
129.00
650.10 STANDPIPES 73-7300-2'500
301.89 R~PAIR S 108 78-7800-3800
1,842.44 HY1]RANTS, ~LEEVE 73-7300-2300
2,794.43 dRNL-CI) 1010
2794.43
2.25 WINDEX 22-4170-2200
34.13 COFFEE & SUPPL 78-7800-2200
47.17 COFFEE & SUPPL 01-4020-2200
83.55 dRNL-CI) 1010
140.00 AUG GARBAOE 01-4340-3750
140.00 ,JRNL-CI) 1010
140.00
6.00 PTAC MTG EXP-htJI)S 01-4140-41~
&.O0 JRNL-CI) 1010
6.00
31.98 ~HIRT-NICCUH 01-4140-~0
31.~ JRNL-CI) 1010
31.98
165.91 AUG PORTOLETS 01-4340-3900
DA~
TI,~
PRE'PAID
AMOUNT ~ECK
..
PAGE 9
AP-C02-O1
PURCHASE JOURNAL
CITY DF MOUND
AMOLelT DESCRIPTION
k~I SERVICES OF MN
)1569O
ZACK'S
· ~ Z!3870
ZIEIiLER INC
9/07/~ 9/07/89
VENDOR TOTAL
9/07/89 9/07/89
VENDOR TOTAL
9/07/89 9/07/~9
VENDOR TOTAl.
9/07/89
9/07/89 9/07/89
VE]~]R TOTAL
16,5.91
165.91
326.97
326.97
1,550.00 SEPT ~AII~ER
2,006.00 dULY PROSECUTION
:3,556.00 dl~l.-CO
5.00 BAR
21.00 BARS,WAX
20.10 TAPE,FLOOR
166. I0 dR)I.-CO
166.10
143.25 FILTERS
143.25
TOTAL ALL VENDORS
98,522.17
ACCOUteR
1010
01-4280-2310
1010
01-~110-3100
01-4110-3120
I010
01-4280-2200
01-4290-2200
78-78(X)-2200
01-42~0-2250
1010
01-4280-2310
1010
PRE-PAID
AMOUNT
~ SEP 6 1989
City of Mound
Mr. ~d Schukle
5341 Maywuod Road
Mound ~ 55364
September 5, 1989
I am requesting that at this time you have the variance
of Desperados, foxmerly Donnies Restaurant, r~moved fz~u
the agenda for the September 12, 1989 meeting as we wish
to pospone it until a later date.
Yours truly,
September 1, 1989
TO:
FROM:
~E:
CITY MANAGER, MAYOR AND CII~ COUNCIL
JOEL KRUMM, LIQUOR STORE MANAGER ~
AUGUST 1989 R~-PORT
The s,-,-er months ended on an excellent note. Sales for A~sust were a
respectable $91,003. This compares to $86,056 we did for August of 1988.
To date, this year our gross sales are $621,988. Last year at the end of
August, sales for the year were $620,693. So we finally broke out on top
for the first time since last spring.
Two rather slow .months are ahead of us. September and October are
traditionally quiet. The weather gets cooler, boating activity diminishes,
and there are no major holidays. Beer sales fade, wine picks up and liquor
remains steady.
We are planning some wine and imported beer "in-store tastings" for a few
of the upcoming weekends. Our legislature passed a law, effective August
1, 1989, that off sales stores would be allowed for the first time to
conduct beer tastings. Needless to say, I don't see any merit in sampling
say Pfeiffer, Cold Spring or Hauenstein. What we want to do is step the
customer up into a better quality and higher priced item such as the new
"dry" beers or some of the expensive imported beers. This will give the
consumers a chance to determine whether.they like a Beer first Before
shelling out a lot of money for something they dislike.
JK: ls
September 7, 1989
TO:
Ed Shukle
City Manager
FROM:
Geno Hoff
Street Supt.
SUBJECT: August's Activity Report
We finished cleaning up the excess rock from our sealcoating
project. We ended up with 130 loads which will be mixed with
pit run sand and used for filling the holes in the street
after the repair of water and sewer main breaks.
We replaced the railroad crossing on Belmont this month, as you
know it was a real disaster, rotted ties, broken and bent rails.~
Dakota Rail supplied ties and rails and the City supplied every-
thing else, 3 loads of 1½ binder for base and 4 loads of blacktop,
plus 90% of the labor. It took 2 days to do the work and it
turned out great.
We had a 2" rain fall the 22nd which washed out some driveways
and plugged some catch basins. The next day we rented a backhoe
to clean out some open ditches (12 of them). We plan on getting
the backhoe later this Fall to finish the rest of the ditches.
SIGN WORK
We put up 10 new signs and straighten and replaced 26 posts.
CEMETERY
Staked out 2 graves and 4 stones, also cleaned up the area.
We are going to have some unexpected equipment repair bills
coming in next month. Our 920 loader has about 5,000 hours
of working time on it and it was at a point where it was
getting a little weak. We took it to Ziegler Company to
have the work done. We are looking at a cost of between
$6,000 and $7,000. We also had some work done on two of
our 800 Ford Dumpt trucks, one needed repair to the steering
and the other had 5 broken leaves in the rear springs. We
had the road grader working on the Lost Lake site for a day
leveling and cleaning it up. (looks pretty good)
In our spare time we have been out cutting brush.
LEN HARRELL
Chief of Police
MOUND POLICE
5341 Maywood Road Telephone 472-3711
Mound, MN 55364 Dispatch 544-9511
EMERGENCY 911
TO: Ed Shukle
FROM: Len Harrell
SUBJECT: Monthly Report for August, 1989
I. STATISTICS
The police department responded to 1,036 calls for
service during the month of August. There were 45 Part
I offenses reported. Those offenses included 2
criminal sexual conduct, 13 burglaries, 28 larcenies, 1
robbery, and 1 vehicle theft.
There were 79 Part II offenses reported. Those of-
lenses included 4 child abuse/neglect, 18 criminal
damage to property, 2 weapons violations, 1 narcotics
violations, 6 liquor law violations, 3 DWI's, 1
forgery/NSF checks, 8 domestics, (4 with assaults), 6
harassment, 6 runaway, and 24 other offenses.
The patrol division issued 273 adult citations and 18
juvenile citations. Parking violations accounted for
an additional 35 citations. Warnings were issued to 64
individuals for a variety of violations. There were 14
crosswalk citations issued.
There were eight adult felony arrests and one juvenile.
Fifteen adults were arrested for misdemeanors and
twelve juveniles. Fifteen adults arrested on warrants
and one juvenile.
The department assisted in 8 vehiclular accidents with
four personal injuries. There were 33 medical emer-
gencies and 102 animal complaints. Mound assisted
other agencies on 26 occasions in August and requested
assistance 84 times.
Property valued at $21,134 was stolen during the month;
$1,261 was recovered.
MOUND POLICE DEPARTMENT
MONTHLY REPORT - AUGUST, 1989
II.
III.
IV.
Ve
INVESTIGATION
Investigators worked on 3 criminal sexual conduct cases
and 7 child protection matters during the month of
August. These l0 cases accounted for 64 hours of in-
vestigation time.
Other cases investigated included 9 burglaries, 3 as-
saults, 2 fleeing a police officer, 3 narcotic cases,
harassment, checks, runaway, and a liquor license in-
vestigation.
Formal complaints were issued for cases invglving
criminal sexual conduct, 4 possession of controlled
substance, 2 fleeing a police officer, a child neglect,
3 gross misdemeanor DWI's, unsafe equipment and no in-
surance, and driving after revocation and open bottle.
PERSONNEL/STAFFING
The department used 64 hours of overtime during the
month of August. Some of the overtime was expended due
to illness because of four shifts that needed to be
filled.
Officers used 13 days of vacation time, 6 days of comp-
time and 3 holidays.
TRAINING
Officers were involved in firearms training in August.
Three officers attended a 3 day seminar on deadly
force issues sponsored by the International Association
of Chiefs of Police.
RESERVES
The reserves donated 157 hours to the department and
community August.
2
MOUND POLICE DEP/~RTMENT
CRIME ACTIVITY REPORT
~UGUST~ 1989
GENERAL ACTIVITY SUMMARY
THIS
MONTH
YEAR TO
DATE
Hazardous Citations 229
Non-HazardousCitations 36
Hazardous Warnings 10
Non-Hazardous Warnings 54
Verbal Warnings 151
Parking Citations 35
DWI 3
Over .10 2
property Damage Accidents 4
Personal Injury Accidents 4
Fatal Accidents 0
Adult Felony Arrests 7
Adult Misdemeanor Arrests 31
Adult Misdemeanor Citations 10
Juvenile Felony Arrests 1
Juvenile Misdemeanor Arrests 13
Juvenile Misdemeanor Citations 11
Part I Offenses 45
Part II Offenses 79
Medicals 33
Animal Complaints' 102
Other Public Contacts 737
1,031
241
113
246
966
434
38
22
66
22
0
32
221
52
17
38
22
222
443
206
767
4,663
LAST YEAR
TO DATE
982
416
241
506
896
403
59
30
81
23
0
29
183
78
63
49
35
284
533
155
780
4,148
TOTAL 1,597
Assists 91
Follow-Ups 20
Henn. County Child Protection 5
Mutual Aid Given 26
Mutual Aid Requested 8
9,862
461
209
34
142
70
9,974
426
339
41
100
1
PART I CRIIES
Criminal SexuaL Conduct
Robbery
Aggravated AssauLt
BurgLary
Larceny
VehicLe Theft
Arson
AUGUST, 1989
OFFENSES CLEARED EXCEPT. CLEARED BY ARRESTED
REPORTED UNFOUNDED CLEARED ARREST ADULT JUVENZLE
0 0 0 0 0 0
:~ 0 0 1 ~ 0
1 0 0 0 1 0
0 0 0 0 0 0
13 1 0 I 2 0
:>8 1 1 1 I 1
1 1 0 0 0 0
0 0 0 0 0 0
TOTAL
&5 3 1 3 6 1
PART %! CRIMES
ChitdAbuse/Negtect 4
Forgery/NSF Checks 1
CrJminat Damage to Property 18
~eapons 2
Narcotics 1
Liquor Laws 6
DWI 3
SimpLe A~aauLt 0
Domestic AssauLt 4
Domestic CMo AssauLt) 4
Harassment 6
Runa~ay/[ncorrigibi[ity/Truancy 6
PubLic Peace 1
Trespessing 1
AIL Other Offenses 22
1 2 0 0 0
0 0 0 0 0
0 2 0 0 0
0 1 1 1 0
0 0 1 2 0
0 0 6 5 5
0 0 3 3 0
0 0 0 0 0
0 1 1 1 0
0 0 0 0 0
0 0 0 0 0
0 4 2 0 5
0 0 1 2 0
0 0 - 0 0 0
0 4 4 3 2
TOTAL 79
PART Ill & PART IV
Property Damage Accidents 4
Personal Injury Accidents 4
Fatal Accidents 0
Nedica[s 33
Animal CompLaints 102
MutuaL Aid 26
Other GeneraL %nvestigations 757
1 10 19 17 12
TOTAL 906
Hennepin County ChiLd Protection 5
CHIPS 1
TOTAL 1,0~6
4
11 22 25 13
MOUND POLICE DEPARTMENT MONTHLY REPORT
AUGUST, 1989
CITATIONS
DWI
More than .10% BAC
Careless/Reckless Driving
Driving After Susp. or Rev.
Open Bottle
Speeding
No DL or Expired DL
Restriction on DL
Improper, Expired, or No Plates
Illegal Passing
Stop Sign Violations
Failure to Yield
Equipment Violations
H&R Leaving the Scene
No Insurance
Illegal or Unsafe Turn
Over the Centerline
Parking Violations
Crosswalk
Dog Ordinances
Derelict Autos
Seat Belt
Miscellaneous Tags
TOTAL
ADULT
3
2
0
6
3
163
7
0
21
2
15
3
9
0
2
2
0
35
13
4
0
15
3
3O8
JUV
0
0
0
0
0
9
0
0
0
0
1
1
2
0
0
0
0
0
1
0
0
3
1
18
MOUND POLICE DEPARTMENT MONTHLY REPORT
AUGUST, 1989
WARNINGS
No Insurance
Traffic
Equipment
Crosswalk
Animals
Trash/Derelict Autos
Seat Belt
Trespassing
Miscellaneous
TOTAL
ADULT JUV
5 2
8 2
18 2
0 0
1 0
11 0
0 0
2 11
i 1
46 18
ARRESTS
Warrant Arrests
15 I
MONTHLY PROPERTY LOS~/RECOV~RY S~Y
AUGUSTv 1989
STOLEN
Bikes
Snowmobiles
Boats, Motors, Trailers
Clothing
Currency, Notes, Etc.
Jewelry & Precious Me~als
Guns
Home Furnishings
Radio & Electronic Equipment
Vehicles & Vehicle Equipment
Miscellaneous
TOTAL
$ 820
0
8,950
595
148
2,300
0
500
3,182
0
4,639
$21,134
RECOVERED
470
0
0
0
0
0
0
0
0
0
791
1,261
1
NOU#D POLICE RESERVES
NO#THLY HOURS
AUGUST, 1989
DETAILS
EMER RES. CON# H/F TRAIN INSTR
C/O SQUAD SERV BALL ING TION
BADGE #-
5 2.0 &.O
6
11
10
l&
16
17
19
22 1.0 6.5
12 o .
'28. -'---
56 - -
8.5
12.0
RiDE MEET
ALONG ADHIN I#G TOTAL
- 22.0 1.5 29.S
40.0 2.0 1.5 51.0
' - 1.5 I .5
35 .S - I .5 ~3.5
' 0
- _._ I .S .0
5.5 2.5 1.5
TOTAL 3.0 4.O
6.5 0 27.0
0 81.0 26.5 9.0 157.0
ACTIVITIES THIS MONTH
Reserve Meeting
Detox Transport
Concert at Pond Arena
OFFICERS
R5 NeLson R16 Hauks
R6 NJccum R22 FLeming
R10 Swanson R23 Vogel
Rll Romain R28 Geyen
R12' SheLL R58 Fox, g
R57 Fox, J
1
LEN HARRELL
Chief of Police
MOUND POLICE
5341 Maywood Road Telephone 472-3711
Mound, MN 553§4 Dispatch 544-9511
EMERGENCY 911
TO:
FROM:
DATE:
RE:
Chief Harre11
Officer Ewald
August 30, 1989
Crime Prevention
Chief, as directed I will be submitting a monthly report of the
Crime Prevention activities, but this w111 update you as to what has
been done this year, most of which has been accomplished in Dune,
July and August.
· As approved by you, we put an article in the City Contact, a
quarterly publication from the City of Mound, of which we re-
ceived a very good response.
· We are in the process of setting up McGruff safe houses in all
licensed daycare centers in the cities of Mound, Minnetrista
and Spring Park, giving lectures in the Hennepin County Library
in Mound. Officer Doug 2ohnson, representing .Spring Park,
assisted, along with Chief Anderson from Minnetrista.
· I have been involved in several meetings to set up Neighborhood
Crime Watch areas, two of which are located on Islandview
Drive, Dorchester and Stratford Lane, and Shorewood Lane.
· I have participated in two meetings in reference to Crime Watch
at 2020 Commerce Boulevard and have been requested to attend
all future monthly meetings so that I can keep abreast of the
problems there because of the past incidents that have taken
place. One of my goals at 2020 Commerce is to make the elderly
feel secure in their complex by personally walking every floor
twice a night, along with other officers patrolling the exter-
ior of the building in squads. They are in the process of
working on the construction of a fence that w111 enclose the
rear portion of the building including a closeable gate to the
parking lot on the east side of the building.
The Hennepin County Chiefs of Police Association
Traffic Advisory Council
The winners of the 1988 Safety Award are the South Lake Minnetonka
Public Safety Department, and the Hennepin County Sheriff's Dept.
Honorable mention goes to West Hennepin Public Safety, Mound Polic~
Department, Deephaven Police Department, Wayzata Police Department,
and Corcoran Police Departments.
The awards were in two classifications. One award for departments
with the total number of squad miles driven under 300,000 and the
other award for departments with over 300,000 miles driven.
Under 300,000 Miles Driven
# Accidents Miles Repair Costs Frequency Severity
South Lake 0 185,376 0 0 0
W. Hennepin P.S. 0 112,475 0 0 0
Mound 0 108,488 0 0 0
Deephaven 0 103,117 0 0 0
Wayzata 0 79,816 0 . 0 0
Corcoran 0 64,269 0 0 0
Golden Valley 2 262,570 5,593 1.52 4,260.18
Champlin 2 168,000 10,600 2.38 12,619.04
Airport 3 130,000 2,152.21 4.60 3,311.08
Richfield 6 224,000 4,794.43 5.34 4,280.74
Over 300,000 Miles. Driven
Hennepin Co. 1 447,895 $280.75 .044 125.36
Plymouth 6 516,360 1,898.17 .076 735.20
Edina 2 332,000 3,547.60 1.2 2,137.10
St. Louis Park 5 370,023 5,100.00 2.7 2,756.58
The formula used to determine the Frequency Rate and the Severity Rate is:
Frequency Rate - # of accidents divided by miles driven then multiplied
by 200,000
Severity ~ate - total repair'costs divided by miles driven the
multiplied by 200,000
RUN: 30-AUG-89 . INSTALLATION NAME -- MOUND POLICE DEPARTMENT PAGE
OFF01 * * * * * *
ARY ISN'S ONLY? NO E N F 0 R $
POSITION COOES: ALL
ACTIVITY COOES: ALL , OFFENSE ACTIVITY BY DISPOSITION
GRXO: ALL 07/26/89 THRU 08/25/89
/ ................ OFFENSES CLEARED ................. /
ACTIVITY COOE/ OFFENSES ACTUAL .... BY ARREST .... BY TOTAL PERCENT
DESCRIPTION REPORTEO UNFOUNOEO OFFENSES PENOING AOULT dUVENILE EXCEPTION CLEARED CLEARED
A5351 3
ASLT 5-1NFLICTS ATTEMPTS HRN-NANDS-AOLT-FAM
A5354 1
ASLT 5-INFLICTS ATTEMPTS HRN-HANDS-CHLD-FAN
81164 1
BURG 1-OCC RES FRC-N-UNK WEAP-COI4 THEFT
B1264 1
BURG 1-OCt RES NO FRC-N-UN WEAP-COH THEFT
B3364 1
BURG 3-UNOCC RES FRC-N-UNK ~EAP-COH THEFT
83394 4
BURG 3-UNOCC RES FRC-U-UNK WEAP-COM THEFT
1
3 3-UNOCC RES NO FRC-N-UNK NEAP-CON THEFT
B3494 2
BURG 3-UNOCC RES NO FRC-U-UNK ~EAP-COH THEFT
84460 1
BURG 4-UNOCC RES NO FRC-N-UNK WEAP'UNK ACT
B4960
BURG 4-AT FRC RES-N-UNK WEAP'UNK ACT
0 3 1 I 0 1 2 66.6
B4995 1
BURG 4-AT FRC RES-U-UNK 14EAP-COM PROPERTY
D3550 1
DRUGS-SCH 2 NARCOTIC-POSSESS-COCAIN-OTH CHAR
0 1 1 0 0 0 0 .0
0 1 1 0 0 0 0 .0
0 1 1 0 0 0 0 .0
0 1 0 1 0 0 1 100.0
0 4 4 0 0 0 0 .0
0 1 1 0 0 0 0 .0
0 2 2 0 0 0 0 .0
1 0 0 0 0 0 0 .0
1 0 1 1 0 0 0 0 .0
0 1 1 0 0 0 0 .0
0 1 0 1 0 0 1 100.0
E4700 2 0 2 0 2 0 0 2 100.0
ESC-GM-FLEE AN OFFICER
13060
CRIN AGNST FAN-MS-NEGLECT OF A CHILD
J2500 1
TRAFFIC-GM-DRIVE UNDER INFLUENCE OF LIQUOR
4 1 3 1 0 0 2 2 66.6
0 1 0 1 0 0 1 100.0
RUN: 30-AUG-89
OFF01
INSTALLATION NAME -- HOUND POLICE DEPARTNENT
PAGE 2
PRINARY ISN~S ONLY? NO E N F 0 R S
DISPOSITIOH COOES: ALL
ACTIVITY CODES: ALL OFFENSE ACTIVITY BY DISPOSITION
GRID: ALL 07/26/89 THRU 08/25/89
/ ................ OFFENSES CLEARED ................. /
ACTIVITY CODE/ OFFENSES ACTUAL .... BY ARREST .... BY TOTAL PERCENT
DESCRIPTION REPORTED UNFOUNDED OFFENSES PENDING ADULT JUVENILE EXCEPTION CLEARED CLEARED
J2700 1 0 1 0 1 0 0 1 100.0
TRAF-ACCID-GN-AGGRAVATED VIOLATION
J3500 1 0 1 0 1 0 0 1 100.0
TRAF-ACCID-#S-DRIVE UNOER INFLUENCE OF LIQUOR
L3151 1 0 1 0 I 0 0 1 100.0
CSC 2-NO FRC-POS AUTH-UNDER 13-F
N4104 3 0 3 0 2 1 0 3 100.0
LIQUOR - POSSESSING
t~199 3 0 3 0 2 1 0 3 100.0
LIQUOR - OTHER
M5313 2 0 2 0 0 2 0 2 100.0
JUVENILE-CURFEW
M5350 4 0 ~ 0 0 0 ~ 4 10~
RUNAWAY
M7701 I 0 1 0 0 1 0 1 100.0
FALSELY INPERSONATING ANOTHER
N3070 1 0 1 0 1 0 0 1 100.0
DISTURB PEACE-MS-PUBLIC NUISANCE
H3090 3 0 3 3 0 0 0 0 o0
DISTURB PEACE-NS-OPEN SEAL LETTER-TELEGRN-PACK
H3190 2 0 2 2 0 0 0 0 .0
DISTURB PEACE-NS-HARRASSING CONHUNICAT[ONS
03601 1 0 I 1 0 0 0 0 .0
OBSENITY-MS-INDECENT EXPOSURE-TO MINOR
03882 1 0 1 1 0 0 0 0 o0
OBSENITY-NS-OBSCENE PHONE CALL-ADULT
P2110 3 0 3 3 0 0 0 0 .0
PROP DAMAGE-GH-PR%VATE-UNK INTENT
P3110 12 0 12 10 0 0 2 2 16.6
PROP DANAGE-HS-PRIVATE-UNK INTENT
RUN: lO-AUG-89 ', INSTALLATION NAME -- MOUND POLICE DEPARTMENT PAGE 3
: ~MARY ISNtS ONLY? NO
~SPOSITION COOES: ALL
ACTIVITY CQ)ES: ALL
GRID: ALL
E N F 0 R S
OFFENSE ACTIVITY BY OISPOSITION
07/26/89 THRU 08/25/89
/ ................ OFFENSES CLEARED ................. /
ACTIVITY COOE/ OFFENSES ACTUAL .... BY ARREST .... BY TOTAL PERCENT
OESCRIPTION REPORTED UNFOUNOEO OFFENSES PENOING ADULT JUVENILE EXCEPTION CLEARED CLEARED
P3130 1 0 1 1 0 0 0 0 .0
PROP DANAGE-MS-BUSINESS-UNK INTENT
P3310 1 0 1 1 0 0 0 0 .0
'TRESPASS-MS-PRIVATEoUNK INTENT
P3600
LITTER-UNLAWFUL DEPOSIT OF GARBAGE-NS
1 0 1 1 0 0 0 0 .0
R3512 1
ROBB-SIMPLE-RESIDEN-POS FIRARN-AOULT-ACQ
Tl169 2
THEFT-MORE $2500-FE-FRM WATERCRAFT-OTH PROP
T2159 2 0
THEFT-$251-$2500-FE-FRN MOTOR VENICLE-OTH PROP
F 9 3 0
T-$251-$2500-FE-FRM WATERCRAFT-OTH PROP
T3099 1
THEFT-S250 LESS-FEoFRN SELF SRV GAS-OTH PROP
T3999
THEFT-250 LESS-FE-FRM OTHER-OTH PROP
I 0
T4021
THEFT-S250 LESS-MS-FRN BUILDING-MONEY
1 1
T4059
THEFT-S250 LESS-MS-FRM YARDS-OTH PROP
2 0
T4159 4
THEFT-S250 LESS-MS-FRM MOTOR VEHICLE-OTH PROP
TG169 5
THEFT-S250 LESS-NS-FRN WATERCRAFT-OTH PROP
U3016 1 0
THEFT-MS-BY CHECK-S250 LESS
U3286 1 0
THEFT-MS-SHOPLIFTING-$250 LESS
0 1 1 0 0 0 0 .0
0 2 2 0 0 0 0 .0
2 2 0 0 0 0 .0
3 3 0 0 0 0 .0
0 1 0 0 0 1 1 100.0
1 1 0 0 ' 0 0 .0
0 0 0 0 0 0 .0
2 2 0 0 0 0 .0
0 4 4 0 0 0 0 .0
0 5 5 0 0 0 0 .0
1 1 0 0 0 0 .0
1 0 0 1 0 1 100.0
RUN: 30-A~G-89 ,
OFF01
INSTALLATION NAHE -- HOUND POLZCE DEPARTHENT
PAGE
PRIHARY ISN'S ONLY? NO E N F 0 R S
DISPOSITZON CODES: ALL
ACTIVITY CODES: ALL OFFENSE ACT%VITY BY DISPOSZTION
GRID: ALL 07/26/89 THRU 08/25/89
/ ................ OFFENSES CLEARED ................. /
ACTIVITY CODE/ OFFENSES ACTUAL .... BY ARREST .... BY TOTAL PERCENT
DESCRZPTION
REPORTED UNFOUNDED OFFENSES PENDZNG ADULT JUVENILE EXCEPTZON CLEARED CLEARED
U3496 6 0 6 6 0 0 0 0 .0
THEFT-NS-BICYCLE-NO HOTOR-250 LESS
V2023 I 1 0 0 0 0 0 0 o0
VEH THEFT'FE'Z51-2500-HOTORCYCLE
;190 I 0 I 0 0 0 I 1
t/EAPONS'NS-USES-OTHER TYPE-NO CHAR
100.0
;690
WEAPONS-#S-POSSESS-OTHER TYPE-NO CHAR
I 0 I 0 I 0 0 I 100.0
X3080 1
CRIN AGNST ADNN JUST-NS-OBST LEGAL PROCESS
0 1 0 0 1 0 1 100.0
REPORT TOTALS - 101 4
97 64 15 7 11 33 34.0
RUN: 30-AUG-89
CFS03
ISN'S ONLY?
ACTIVITY CODES:
INSTALLATION NAME -- MOUND POLICE DEPARTMENT
NO E N FOR S
ALL CALLS FOR SERVICE
ACTIVITY ANALYSIS BY PATROL AREA
07/26/89 THRU 08/25/89
PAGE 1
ACT
COOE ACTIVITY DESCRIPTION
........... PATROL AREAS ...........
10 20 30 40 50 60 70 80 90 TOTAL
09000
09001
09002
09008
09010
09012
09014
09015
09016
7
09018
09019
09022
09023
09024
09028
09030
09031
09040
09041
09050
09100
09140
SPEEDING
J-SPEEDING
NO D/L, EXPIRED D/L
ILLEGAL PASSING
BAC OVER .10
OPEN BOTTLE
STOP SIGN
J'STOP SIGN
FAILURE TO YIELD
J-FAILURE TO YIELD
EGUIPMENT VIOLATION
J-EGIPMENT VIOLATION
EXHIBITION DRIVING
J'EXHIBITION DRIVING
ILLEGAL/UNSAFE TURNS
DRIVING ON PARK PROP.
CROSSWALK VIOLATION
J-CROSSWALK VIOLATION
NO SEATBELT
J-NO SEATBELT
ALLO~ING INCOMPETENT TO DRIVE
PARKING/ALL OTHER
NO PARKING/WINTER HOURS
35 21 38 41 28 163
2 I 2 4 9
1 2 2 2 7
2 2
1 1 2
1 2 3
3 2 4 5 1 15
1 1
1 1 1 3
1 1
1 1 5 2 9
1 1 2
1 1
1 1
2 2
1 1
3 1 6 3 13
1 1
1 2 1 7 4 15
2 I 3
1 1
1 ? 8 10 26
1 1
RUN: 30-AUG-89
CFS03
PRIHARY ISN~S ONLY?
ACTIVITY COOES:
INSTALLATION NAHE -- MOUND POLICE DEPARTMENT
NO ENFORS
ALL CALLS FOR SERVICE
ACTIVITY ANALYSIS BY PATROL AREA
0?/26/89 THRU 08/25/89
ACT
COOE ACTIVITY DESCRIPTION
09150 NO TRAILER PARKING
09200 DAS/DAR/DAC
09210 PLATES/NO-IMPROPER-EXPIRED
09220 NO INSURANCE/PROOF OF
09300 LOST ARTICLES/OTHER
09301 LOST PERSONS
09312 FOUND ANIMALS/IMPOUNDS
09313 FOUND PROPERTY
09430 PERSONAL INJURY ACCIDENTS
09450 PROPERTY DAMAGE ACCIDENTS
09564 DOG BARKING
09710 ATTEMPTED SUICIDE
09730 MEDICALS
09731 DETOX-MEDICALS
09732 CRISIS INT.-NEDICALS
09755 IO0 INJURY
09800 ALL OTHER/UNCLASSIFIED
09801 DOMESTIC/NO ASSAULT
09900 ALL HCCP CASES
09904 OPEN DOOR/ALARMS
09913 CHIPS
0~930 HANDGUN APPLICATION
09944 UNWANTED GUEST
........... PATROL AREAS ...........
10 20 30 40 50 ,60 70 80 90
8
6 2
2
I 3
2 2
1
1
2 2
2 2
3
1
1
4
11
2
1
1
3
1 2 3
3 8 2
1
1
1
2
2
2
1
5 4
1 1
1
1 2
1 3
1 2
1
1 2
PAGE 2
TOTAL
8
6
21
2
1
1
8
?
4
4
4
2
24
4
2
1
10
4
5
3
1
6
RUN: 30-AUG-89
CFS03
[SN~$ ONLY?
ACTIVITY COOES:
INSTALLATION NAME -- HOUND POLZCE DEPARTHENT
NO E N F OR S
ALL CALLS FOR SERVICE
ACTIVITY ANALYS[S BY PATROL AREA
07/26/89 THRU 08/25/89
ACT
COOE ACTIVITY DESCRIPTION
0~5 SUSPICIOUS PERSON
09950 INTELLIGENCE
09980 ~ARRANTS
09992 MUTUAL AID/8100
09993 MUTUAL AID/6500
09994 MUTUAL AID/ ALL OTHER
A53§1 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-AOLT-FAM
A5354 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHLD-FAM
8116/, BURG 1-OCC RES FRC-N-UNK ~EAP-COM THEFT
BURG 1-OCC RES NO FRC-N-UN ~EAP-COM THEFT
8~364 BURG ~-UNOCC RES FRC-N-UNK ~EAP'CON THEFT
B~94 BURG 3-UNOCC RES FRC-U-UNK WEAP-CON THEFT
B3464 BURG 3-UNOCC RES NO FRC-N-UNK ~EAP-COH THEFT
B3494 BURG 3-UNOCC RES NO FRC-U-UNK WEAP-COH THEFT
84460 BURG 4-UNOCC RES NO FRC-N-UNK ~EAP-UNK ACT
B4960 BURG 4-AT FRC RES-N-UNK ~EAP-UNK ACT
B4995 BURG 4oAT FRC RES-U-UNK ~EAP-COH PROPERTY
D3550 DRUGS-SCH 2 NARCOTIC-POSSESS-COCAIN-OTH CHAR
E4700 ESC-GM-FLEE AN OFFICER
[3060 CRIM AGNST FAM-MS-NEGLECT OF A CHILO
J2500 TRAFFIC-GM-DRIVE UNOER INFLUENCE OF L[QUOR
J2700 TRAF-ACCIO-GM-AGGRAVATED VIOLATION
J~500 TRAF-ACCIO-MS-ORIVE UNOER INFLUENCE OF LIQUOR
........... PATROL AREAS ...........
10 20 30 40 50 60 70 80 90
1 4 4
14
PAGE
TOTAL
3
1
16
15
6
5
1
1
1
1
4
1
2
1
1
1
1
2
4
1
1
RUN: 30-AUG-89
CFS03
PRIMARY ISN~S ONLY?
ACTIVITY CODES:
INSTALLATION NAHE -- HOUND POLICE DEPARTHENT
NO ENFORS
ALL CALLS FOR SERVICE
ACTIVITY ANALYSIS BY PATROL AREA
07/26/~) THRU 08/25/89
ACT
COOE ACTIVITY DESCRIPTION
L3151 CSC 2-NO FRC-POS AUTH-UNDER 13-F
H4104 LIGUOR o POSSESSING
M4199 LIQUOR - OTHER
N5313 JUVENILE-CURFEW
M5350 RUNAWAY
N7701 FALSELY INPERSORATING ANOTHER
N3070 DISTURB PEACE-MS-PUBLZC NUISANCE
H3090 DISTURB PEACE-MS-OPEN SEAL LETTER-TELEGRN-PACK
N3190
03601
03882
P2110
P3110
P3130
P3310
P3600
R3512
Tl169
T2159
T2169
T3099
T3999
T4021
DISTURB PEACE-NS-HARRASSING CO~NICATIONS
OBSENITY-NS-INDECENT EXPOSURE-TO MINOR
OBSENITY-HSoOBSCENE PHONE CALL-ADULT
PROP DANAGE-GN-PRIVATE-UNK INTENT
PROP DANAGEoNS-PRIVATE-UNK INTENT
PROP DANAGE-NS-BUSINESS-UNK INTENT
TRESPASS-NS-PRIVATE-UNK INTENT
LITTER-UNLAWFUL DEPOSIT OF GARBAGE-NS
ROBB-SINPLE-RESIDEN-POS FIRARN-ADULT-ACG
THEFT-NORE $2500-FE-FRN WATERCRAFT-OTH PROP
THEFT-$251-$2500-FE-FRN NOTOR VEHICLE-OTH PROP
THEFT-$251-$2500-FE-FRN WATERCRAFT-OTH PROP
THEFT-S250 LESS-FE-FRN SELF SRV GAS-OTH PROP
THEFT-250 LESS-FE-FRN OTHER-OTH PROP
THEFT-$250 LESSoNS-FRN BUILDING-MONEY
........... PATROL AREAS ...........
10 20 30 40 50 ~0 70 80 90
1 1
1
1
1 1
1
1
1
1 2
1 2
3
1
PAGE 4
TOTAL
1
3
3
2
4
1
1
3
2
1
1
3
13
1
1
1
1
2
2
3
1
1
RUN: 30-AUG-8~
CFS03
[SN'S ONLY?
T[VITY COOES:
INSTALLATION NAME -- MOUND POLICE DEPARTMENT
NO E N F 0 R S
ALL CALLS FOR SERVICE
ACTIVITY AHALYS[S BY PATROL AREA
07/26/89 THRU 08/25/89
ACT
COOE ACTIVITY DESCRIPTION
........... PATROL AREAS ...........
10 20 30 40 50 60 70 80 90
T4059
T4159
T4169
U3016
U3286
THEFT-S250 LESSoNS-FRM YARDS-OTH PROP
THEFT'S250 LESS'MS'FRM MOTOR VEHICLE'OTH PROP
THEFT-S250 LESS-MS-FRM WATERCRAFT-OTH PROP
THEFT-MS-BY CHECK-S250 LESS
THEFT-MS-SHOPLIFTING-S250 LESS
U3496 THEFT-MS-BICYCLE-NO MOTOR-250 LESS
V2023 VEH THEFT-FE-251-2500-MOTORCYCLE
W3190 WEAPONS-MS-USES-OTHER TYPE-NO CHAR
W3690 WEAPONS-MS-POSSESS-OTHER TYPE-NO CHAR
CRIM AGNST AOMN dUST-MS-OBST LEGAL PROCESS
1
1 1
1 1
1
2 1
1
3
2
1
1
PAGE
TOTAL
2
4
5
1
1
6
1
1
1
REPORT TOTALS: 88 63 146 123 113 3 5 14 4
559
September 7, 1989
TO:
Ed Shukle
City Manager
FROM: Greg Bergquist
Mechanic
SUBJECT: August's Activity Report
The Street Department had the bulk of shop time this month:
1980 Elgin Sweeper - oil pressure gauge
1981 Ford Boom Truck - Clutch assembly, service, rear
brakes oil seal, spark plugs
1983 Ford Dump #5 - service, broken rear leaf springs
1985 Ford Dump #8 - air tail gate assembly, front
steering tires, alignment, drag link,
tie rod ends, steering arm, air line
repair.
1973 International Vac-All - rear wheel seal, rear brakes,
complete service, metal
fabrication.
WATER DEPT.
Unit #11 87 Chev. - brake pads, service
Unit #21 89 Chev. S-lO - overload springs
SEWER DEPT.
Tanker - backup alarm
Unit #9 - service
PARKS DEPT.
Bobcat - service
Ford Tractor - steering arm repair
Unit #12 - 78 Chev. 1 ton- Flat tire.
POLICE
840 - service, .front brakes and battery
841 - service
842 - replaced tire and front wheel
844 - service
846 - service and tire repair
()f 1( )[ 'N! )
AUGUST 1989 I~ONTHLY REPORT
PARK I)EPARTNENT
General Comments:
The summer is quickly coming to an end. We are now putting the
summer equipment, such as beach buoys, in storage. As Fall ap-
proaches, we will begin picking up picnic tables and trash cans.
This time of the year we try to get at projects that have been
put aside during the summer, such as constructing new signs for
the parks like the one installed at Phiibrook Park. We are still
quite busy with mowing, as it has rained sufficiently and one of
our mowing crew members has returned to college. Once there is
an opportunity to have another maintenance man mowing, it will be
done.
Commons Docks
Riprapping has been completed along 715 in. ft. at Wananosa Com-
mons on Three points. This area had seen a lot of erosion during
the high water years. We only have one area left on Three Points
to riprap which is 240 in. ft. This area on Three Points should
be completed in 1990 and will be done by a contractor in the win-
ter of 1989 - 90. There are other areas yet to be riprapped,
some of these ares are Brighton Commons, Carlson Park, and
Emerald. Depending on the budget for riprapping we could be com-
pletely done by 1991.
Cemetery
Signs have been installed at the Cemetery which gives a listing
of regulations. We still intend to have a sign denoting "Mound
Union Cemetery" constructed. The rain has greatly aided in res-
toring the grass.
dF:pj
September 6, 1989
TO:
FROM:
RE:
HA¥OR AND CITY COUNCIL
JOHN NORMAN, FINANCE DIRECTOR
AUGUST FINANCE DEPANTMENT REPORT
1990 BUDGET
Work was continued on the 1990 budget during August. ge have projected
revenues using the current law. The governor is proposing changes to the
prOperty tax system. One of the changes involves a direct transfer of 5
and 1/2 mills worth of local government aid from cities to schools. This
would increase the tax levies significantly for cities. The legislature
must approve any changes in a special session. We will be presenting the
budget and 'holding public meetings later than in the previous years because
of the uncertainty of the tax bill.
INVESTM~TS
The following is August investment activity:
Balance 8-1-89
$8,800,993
Bought:
CF 8.3 Due 11-17-89 American 131,692
CD 8.2 Due 02-01-90 Marquette 100,000
Farm Ct. 8.3 Due 02-01-90 Dain 100,000
Matured:
CP 9.2 Marquette (199,469)
CP 8.9 Marquette (250,608)
FNMA 9.8 American (198,050)
Balance 8-31-89 $8,484,558
JN:ls
September 6, 1989
TO:
FROM:
RE:
CITY MANAGER
CITY CLERK
AUGUST MONTHLY REPORT
The City had 2 regular Council Meetings in August with 8 resolu-
tions. There was Agenda preparation for each meeting and items
to clear up after each meeting.
The special assessment hearings will be held in September. These
special assessments are for Central Business District Parking
Maintenance, unpaid tree removal charges, unpaid mowing charges,
unpaid weed removal charges and delinquent utility bills which
will be placed upon taxes. Hearing notices were made up and have
been submitted to the newspaper for publication. The mailed
notice requires additional information and this also has been
done.
I attended two meetings of the League of Minnesota Cities Elec-
tions and Ethics Committee. We are dealing with future legisla-
tion concerning the following: campaign financial disclosure;
election day registration and administrative improvements; mail-
in balloting; authority to fill vacancies by appointment; and
consolidated local government elections. I will keep you advised
as the legislation surfaces and the committee developes policies.
I attended one meeting concerning the 1990 Census.
was put on by the Minnesota demographers office.
This meeting
I prepared half section maps for Nell Weber, Park Commission mem-
ber, showing all the wetlands in the City. A list was then
prepared of the owners of this property and any owners surround-
ing the wetlands.
The final work was done on tax forfeit parcels and resolutions
were prepared that will be on the agenda September 12, 1989. I
worked with several people on tax forfeit property.
The usual calls and questions from residents were handled.
1
FIRE FIGHTERS
DATE DATE DRILLS DRILL MA.IX. TOTAL IIOUKL!
MOUND FIRE DEPARTMEN] MONTHLY ACTIVITY
MONTH OF THIS LAST ~HIS YEAR LAST YEAR
MONTH MONTH TO
.......... ,v u~,c !U DATE
NO, OF CALLS
.... '~// 3
MOUND - .,F.I RE
EHERGENCY /
~' ~o~ .EA~. - F~"E ~ ~ /~ / B
..... ~.C~ /
S.OREUOOD - ~,1 ~E 0
.... ~C~ / 0 / /
~UtU~ A~ . F~
EHERGENCY
~OtAL FI.E CALLS
TOTAL EHERGENCY CALLS
'~l CA~ /
~OUSr~
G~SS & HlSCELLANEOUS
FALSE ALARW
NO. OF HOURS - MOUND FIRE /
TOTAL
' HT~ BCH FIRE
[HERGENCY
TOTAL
EMERGENCY
TOTAL ~ F~ /'~?
~~ ~ /
- ORONO ;I RE
' SHOREVOOD FIRE
-SP. PARK FIRE
EHERGENCY //
TOTAL
-HUTUAL AID FIRE
TOTAL O~LL HOURS /~
TOTAL ~~~riCY HOURS
TOTAL FIRE HOURS
TOTA~ FIRE & EMERGENCY HOURS
MUTUA~AID RECE'IVED
MUTUAL AID GIVEN
DRILL
Time
Discipline and Teamwork
Critique of. FireS
Pre-Plaining and Inspections
Tools & Apparatus
Identifying
Hand Extinguisher Operation
Wearing Protective Clothing
Films
First Aid and Rescue
Operation
Use of Self-Contained Masks
REPORT
Pumper Operation
Fire Streams & Friction
Loss
House Burnings
Natural & Propane Gas'
talk & Demonstrations
Ladder Evolutions
Salvage Operations,
Radio Operations
House Evolutions
Nozzle & Hose Alliance
Inhalator Operation
Note: Hourse Training.Paid
~ Excused' ~ Unexcused
Q Present, Not paid
Q J. Andersen
~--7~ G. Anderson
~ J. Babb
~{~ C. Baker
~7~_ j. Beauchamp
~{~ D. Boyd
'~_ D. Bryce
S. Bryce
~A- D. Carlson
~2- J. Case¥
~...S. Collins
~U? M. David
Bi Erickson
. S Erickson
P Fisk
2'/~--J Garvais
K. Grad¥
P. Henry
C. Henderson
~_ G. Johnson
DU~ B. Landsman
R. Marschke
J. Nafus
~V~-- B. Niccum
P~/~ M. Nelson
A
. 0pitz
G. Palm
~ M. Palm
T. Palm
G. Pederson
T. Rasmussen
M. Savage
R. Stallman
T. Swenson
"~ W. Swenson
~- R. Williams
~-~7/~T Williams
' ~ Dril~ster
Date:
OUND V_QLi UZ F RE
MOUND, MINNESOTA
DRILL REPORT
Discipline and Teamwork
Critique of Fires
Pre-Plaining and Inspections
Tools & Apparatus
Identifying
Hand Extinguisher Operation
Wearing Protective Clothing
Films
First Aid andRescue
Operation-~& 1.¥~!
Use of Self-Contained Masks
Time.
Pumper Operation
Fire Streams & Friction
Loss
House Burnings
Natural & Propane Gas
talk'& DemonStrations
Ladder Evolutions
Salvage Operations
Radio Operations
House Evolutions
Nozzle & Hose Alliance
Inhalator Operation
Note:
Hourse Training.paid
Excused ~ Unexcused
Q Present, Not paid
D~/~ J. Andersen
D--7~;--~. Anderson
JBabb
C] Baker
J. Beauchamp
D. Boyd
~7~ D. Bryce
~t/~ S. Bryce
~--7~J-D. Carlson
J. Case¥
..S. Collins
D'/J--M. David
D~/~- B. EriCkson
~ S. Erickson
Oarvais
~'/"~-ii Grady.
Henry' '
Henderson
Landsman
Marschke
J. ~afu~
M. Nelson
A. Opitz
G. Palm
M. Palm
T..Palm
G. Pederson
T. Rasmussen
~ M. Savage
R. Stallman
T. Swenson
W. Swenson
~'! R. Williams
~'/2--T. Williams
DATE
MOUND FIRE DEPARTMENT
/.
¥
z&
0
0
D. Bryce
S. Bryce
D. Carlson
J. Casey ........ -'- ....
S. Collins
M. David
B. Erickson
S. Erickson
P. Fisk
J. Garvais
M. Nels°n
~ Go Palm ....
~ G. Pederson
T. Rasmussen
M. Savage.
R~ Stallman
~ T. Swensen
O W. Swensen
t~ R. Williams
~' T. Williams
K. Grady
P. Henry
C. Henderson
G. Johnson
B. Landsman
R. Marschke
J. Nafu~
September 7, 1989
TO: Ed Shukle
City Manager
FROM:
Greg Skinner
Water & Sewer Supt.
SUBJECT: August's Activity Report
In August we pumped 30,395,000 gallons of water. This is down
from July by apprQximately 9 million gallons. We have finished
with our fire hydrant maintenance. We have flowed and color
coded 80% of the hydrants this year. Each hydrant is color
coded for the amount of GPM it is capable of producing. At this
time we have taken the water tower at Well #3 out of service.
The altitude control valve that regulates the distribution of
water in and out of the tower is being rebuilt. We hope to
have this back in service within 2 weeks.
As of September 1 we became apart of the Gopher State One Call
System as required by state law. What this means is that if
there is any excavation work within the City, whether private
or public. We are notified by Gopher One Call to mark out where
our utilities are. Since the first of the month we have had
19 calls.
The Sewer Dept. has finished it's sewer line maintenance. We
will start on our wet well maitnenance September 11. When
this is completed and the weather is still good we will then
go back to sewer line maintenance.
September 7, 1989
TO: Ed Shukle
City Manager
FROM: Joyce Nelson
Recycling Coordinator
SUBJECT: August's Recycling
The first week in August SuperCycle came to take the brown
containers that were placed at the 4 apartment complexes
and the 1 business. On August 31 BFI came out with blue
containers to replace the brown ones that SuperCycle took.
We have placed these blue containers at 5 apartment complexes,
2 business and the fire station. BFI has a special truck
they use to empty these containers.
BFI has printed a brochure and is going to be sending these
to every resident in Mound, I hope this will get our recycling
program back on schedule.
The drop-off site was nice to have but it did cause some problems,
like the clean up on Mondays from the people who just left their
stuff and also the items that were left that were not recyclableo
MEMORANDUM
DATE:
September 1, 1989
TO:
FROM:
SUBJECT:
City Manager, Members of the City Council and Staff
Building Official (~
Jan
Bertrand,
August I989 Monthly Report
STAFFING
During the month of August we had 23 working days. Peggy James
took Five hours of sick leave. The Inspection/ Planning Depart-
ment had two Planning Commission meetings on August 14th and
August 28th. [ attended one City Council meetings on August
22nd. Peggy James attended one Park Commission meeting on August
tOth and two Planning Commission Meetings.
INSPECTIONS
The Following inspections were conducted during the month of
August:
Site Inspections 71
Footing Inspections 23
Framing Inspections
Insulation Inspections 4
Drywall Inspections 4
Final Inspections 47
Progress Inspections 19
Erosion/Grading Inspections 5
House Moving/Demolition 0
Heating Inspections
Plumbing Inspections 14
Fire Sprinklers/Fire Code 6
Complaints 6
TOTAL
The above list does not include one inspection made by the sub-
stitute inspector.
August 1989 Monthly Report
Planning & Inspections
Page Two
REPORTS AND PLAN REVIEWS
There were 6 p..]an reviews completed during August. The monthly
report for July was submitted to the City Manager. Reports were
submitted to the Planning Commission, City Council, normal cor-
respondence, and inspection notices. There were 10 notices sent
out during the month for exterior storage removal, 2 notices for
building code corrections, ! notice For grading and soil erosion,
and a letter was sent to the state building code division for the
newsletter code interpretation section.
PLANNING COMMISSION
The Planning Commission forwarded three variances, two condi-
tional use permits, and one house moving request for public hear-
ing consideration to the City Council. The Planning Commission
training meeting of August 28th was m~in]y a board of appeals
meeting with a variance request for 620! Bayridge tabled, the
TCBY Yogurt Shop conditional use permit was tabled, one condi-
tional use permit was approved For Hennepin County garbage truck
routing station at the Bill Clark Oil Co., and one variance was
approved.
LEGAL STATUS
During August, Il citations were issued for exterior storage, one
for failure to obtain a building permit, and one for an illegal
sign violation. The City Attorney reviewed the status of several
pending cases before the courts during the month. Curt Pearson
wrote a review of the conditional use permit application for Hen-
nepin County garbage truck routing station. ! discussed the
progress of the subdivision of plats for Commerce Place and
Alexander Park and forwarded information to the City Attorney.
TRAINING/MEETINGS
! attended one City Council meeting, as well as two Planning Com-
mission meetings during the month. ! attended the regular staff
meeting and the Task Force meeting on August 3rd. The building
inspectors met for a luncheon meeting at Medina to discuss the
application of plywood as it relates to roof sheathing and ques-
tions were asked of Senator Betty Adkins who was in attendance.
I attended the regular North Star Chapter of Building Official's
meeting in Anoka which included the business meeting, round table
discussion of code applications, a speaker from the Underwriters
Laboratories as well as Bruce Nelson ffrom the State Energy Agency
to discuss the updating of the Energy Code. The City Engineer
met with me to inspect several sites For zoning requests and the
August 1989 Monthly Report
Planning & Inspections
Page Three
development at construction sites on Manchester, Island View
Drive, and Alexander Park triplex development. I met briefly
with Jerry Babb to discuss flammable tank removal and HELO Sauna
operation.
! wish to thank Bill Meyer, Planning Commission Chairman, for the
picnic at his home on August 6th, fun was had by ail.
Peggy James attended the orientation meeting for United Way in
Minnetonka on August 9th. We had meetings with the employees on
August 24th to kick-off the fund raiser for the United Way in the
City of Mound. We sent brochures and donation cards to each
employee who did not attend either of the meetings.
CITY EQUIPMENT & PURCHASES
The City vehicle required the normal gasoline fills during the
month of August. Film was purchased at Snyders for our Depart-
ment.
STATISTICS OF ACTIVITIES
The total number of building permits issued in the month bE
August was 35 with a total valuation of $676,967. The valuation
figures are attached on the building activity report for August.
In addition, Peggy has arranged appointments for the building and
plumbing inspections. She has prepared the Planning Commission
agenda and minutes, the Park Commission agenda and minutes,
issued building, plumbing and heating permits, and typed cor-
respondence for the Building Official and Park Director. She has
compiled month-end reports for building activities, Sewer
Availability Charge, and U.S. Census Report.
· Site inspections include the review of the Planning Commis-
sion requests and requirements, site inspections for flood plain
verification, complaints and follow-up to code compliance such as
no building permit, recheck of exterior storage comp1 lance
notices, review status of various sites for the city prosecutor,
preconstruction meetings at the site for building permit applica-
tions or realtors, fire damage and periodic commercial inspection
updates.
** The heating inspections during the construction of a project
are included under the framing and final inspection of the build-
ing. The heating installations mentioned are for separate equip-
ment being placed in homes and businesses.
CITY OF MOUND
5341Maywood Road'
Mound,'MN 55364
BUII,.~ING A~TIV~' RIP~RT
Mo,md August, .,~ 1989
ITotll Nofl. Fimtly
I NEW NON. RE$1OENTIAL
I(CommemllIVInd.)
602,065
2,203,968
IRESIDENTIAL ADOITION~
AND ALTERATION~
~ TOTA~
LAKE MINNETONKA CONSERVATION DISTRICT
402 EAST LAKE STREET WAYZATA, MINNESOTA 55391 TELEPHONE 612/473-7033
EUGENE R. STROMMEN, EXECUTIVE DIRECTOR
BOARD MEMBERS
JoEIlen L. Hurr, Chair
Orono
Thomas Reese, Vice Chair
Mound
Jan Boswinkel, Secretary
Minnetonka Beach
Mark Westlund, Treasurer
Wayzata
Marvin Bjorlin
Tonka Bay
David Cochran
Greenwood
Albert O. Foster
Deephaven
James N, Grathwol
Excelsior
Eon Kraemer
Spring Park
John Lawman
Uinnetrista
John G~ Ualinka
Victoria
Robert K. Pillsbury
Minnetonka
Robert Rascop
Shorewood
Robert E. Slocum
Woodland
TO: MOUND CITY COUNCIL DATE: SEPTEMBER 5, 1989
FROM: TOM REESE, LMCD REPRESENTATIVE
SUBJECT: AUGUST REPORT - LMCD
1. GENERAL INTEREST ITEMS.
1.1 Eurasion Watermilfoil Task Force.
Thc 3rd harvester is duc to be put into operation thc 11th.
No firm date has been received for the 4th, but 10 days after the
3rd is the present plan. It is doubtful if the Hennepin Parks
machine will be received in time for any significant use this
season. This late delivery of equipment will certainly result in
our cutting less than the planned quantity of milfoil this season.
We plan to continue cutting with all machines until the weed
volume per acre begins to fall off. Through 8/31 we have cut 329
acres.
The LMCD has retained Robert Merila as a contract
employee to oversee the weed program. I could not continue to
put in the number of hours that I had during the first year of the
program, and there were numerous tasks present and ahead that
had to be attended to. Gene Strommen has no time available to
assume extra weed project duties A copy of Mr Merila's position
description is attached to this report. I will continue to chair the
interagency Weed Ad Hoc Task Force.
I will be addressing the Minnesota Lake Management
Conference on October 2nd, and the Hennepin County Public
Works Operations Division annual meeting on the November 1st,
on milfoil control topics.
1.2. Comnrehensive Lake Management Plan
Recreational use monitoring continues on a scale
appropriate the lower water levels. Final editing of the Water
Quality plan was completed this month. The reworked Upland
Environmental Protection Working Paper and Plan were
approved by the Advisory Committee. Meetings of the
Intergovernmental Relations Subcommittee continue. A Lake
Access discussion paper was circulated.
We are approaching that part of the plan that will
determine how the lake will be controlled, and what part the
Lake Minnetonka Conservation District
WEED CONTROL PROGR~d~
POSITION DESCRIPTION
Attachment 1
Position~
Reports to:
Incumbent:
Manager, Independent Consultant to Weed Control Program
Executive Director
Accouutabilities Overview. This position is responsible for the day-to-day
operation of the weed harvesting program. In this regard the incumbent
will
1. interface with agencies having an interest or an input into the weed
control program;
2. arrange for maintenance and security of LMCD-owned equipment;
evaluate current program experiences and make recommendations for
future program planning; and
perform such other duties which may from time to time be assigned
by the Executive Director, related to or unrelated to the weed control
program.
Duties.
Reviews the Daily Harvester Logs for accuracy and completeness.
Prepares the payment schedules, comparing with contractor's invoice,
and resolving any differences with contractor/Executive Director.
Supervises the daily duties of the Project Supervisor.
Plans the daily and weekly work areas for the harvesters in coordination
with the Project Supervisor. Maintains the operational maps current
with the areas'harvested.
4. Spot-checks the results of field operations, assisting or in lieu
of P~oject Supervisor.
Represents LMCD in dealings with the contractor as delegated by the
Executive Director.
6. Conducts liaison with the Freshwater Foundation's scientific subcommittee
to assure that the long range goals of the program are finalized,
approved, and being implemented.
7. Supervises Suburban Hennepin Regional Park District's data committee
to assure that an accurate data base is constructed from the harvest
data submitted to satisfy the Corps of Engineers, MI~ DNR and LMCD
data needs.
(cont)
10.
11.
12.
Arranges for or maintains a punch list of items on equipment requiring
repair. Assures that equipment warranty and repair items are completed
in a timely, efficient manner. Represents LMCD in dealings with
the equipment supplier (UMI) in coordination with the Executive Director.
Works with the Corps of Engineers and the DNR to assure that all
requirements for the matching-funds grant are being met.
Arranges secure storage for the equipment during periods of non use.
Arranges for the maintenance, winterization and over-winter protection
of the equipment.
Develops and recommends new concepts/contracts for the 1990 harvesting
operation.
Coordinates weed harvesting progress regularly with the DNR to assure
program compliance with their requirements.
13. Arranges advance materials, agenda, for the Eurasian Water Milfoil
Task Force and additional related meetings.
14. Investigates similar harvesting operations around the country, exchanging
experiences and information.
15. Looks out for other items of equipment that might improve LMCD's weed
control program.
16. Researches available material on macrophyte control methods and
resulting experiences, such as harvesting,.herbicides, and other
applicable methods.
17. Cooperates with other jurisdictions/agencies/private groups attempting
to establish similar control operations.
18. Services public inquiries on weed related lake issues.
19. Represents LMCD as spokesperson to communicate public interest elements
of the weed control program to public agencies, civic and business groups,
and media where appropriate to areas of responsibility.
20. Assists the Executive Director in planning and carrying out.the fund
raising activities to support the weed control program.
21. Assists the Exeuutive Director as Board priority assignments may from time
to time require administrative support on programs apart from the weed
control program.
2
LMCD may play in the future. A maximum input from interested
parties is essential.
1.3 Other General Interest Items.
p~rsonal Use Watercraft. Work continues on the drafting
of control measures for these craft. A meeting with
manufacturers, sellers and renters of these craft is slated for this
month.
Weeds on Trailers. An LMCD ordinance prohibiting the
transporting of noxious weeds has been drafted and
preliminarily approved.
LMCD Publication. The first issue of Wavelengths, a
publication of LMCD activities and interests was sent out this
month. All council members are on the mailing list. This is
effort to make the LMCD a more visible entity and to portray the
full scope of activities in which the body is involved.
Change in Counsel. The LMCD concluded to investigate a
change in legal service firms. 15 firms responded to the request
for proposals. 6 were interviewed, including the incumbent
firms. Finalists are: Best & Flanagan, and Hoff and Allen. No
final decision has been made, .although the interview team has
recommended Best & Flanagan to the board.
2.0 CITY SPECIFIC ITEMS - MOUND
2.1 Local Weed Contribution. Al & Alma's has
recently ~ontributed $5000 to the Save the Lake weed fund. This
puts them near the top of lakeside business givei's.
2.2 ]~&fdill.g~ I will be meeting with the Council
on September 12th a~d with the Park Commission on the 14th.
Mound Representative
Lake Minnetonka Conservation District
TR:mac
cc. Gene Strommen
LAKE MINNETONKA CONSERVATION DISTRICT
Boa=d of Directors
Special Meeting Notice
~ SEP 1 ~989
7=30 pm, Tuesday, September 5, 1989
Tonka Bay City Hall
4901Manitou Road
Tonka Bay, MN 55331
Concerning . . .
Proposed amendments to the contract between the LHCD and Atlas
Marine, Division of Atlas Foundation Co., reflecting certain
contract adjustments.
LAKE MINNETONKA GONSERYATION DISTRICT
BOARD OF DIP. ECTOP~
Regular Meeting, 7:30 p.m. Wednesday,August 23, 1989
Tonka
Bay
City
Hall £ 'D SEP ! 1989
Call to Order
Chair Hurr called the meeting to order at 7:30 p.m.
2. Roll Call
Members present:
JoEllen Hurr, Chair, Orono; Marvin
Bjorlin, Tonka Bay; Jan Boswinkel,
Secretary, Minnetonka Beach,(arrived as
noted); David Cochran, Greenwood; Bert
Foster, Deephaven; Douglas Babcock, Spring
Park; John Lewman, Treasurer, Minnetrista;
John Malinka, Victoria; Thomas Martinson,
Wayzata; Robert Pillsbury, Minnetonka;
Thomas Reese, Vice Chair, Mound; Robert
Slocum, Woodland. Also present: Sgt. Wm.
Chandler, Sheriff;s Water Patrol; Charles
LeFevere, Counsel; David Arndorfer,
Consultant; Eugene Strommen, Executive
Director.
Members Absent:
James Grathwol, Excelsior; Robert Rascop,
Shorewood.
3. Reading of ~inutes
'Babcock moved, Pillsbury seconded, approval of the minutes
of July 26, 1989 meeting with the following corrections:
Page 5, Paragraph 3 to read: "Grathwol called the question
and the motion passed with Reese voting nay and HURR AND
PILLSBURY ABSTAINING."
Page 6, Paragraph 6, line 4 to read:
to be deliver. Motion carried, Rascop
ABSTAINING."
"balance of equipment
voting nay, PILLSBURY
Subject to a review of the first vote
Motion carried unanimously.
on the Harvester.
4. Public COmments - from persons in attendance not on agenda.
Jerry Rockvam, Rockvam's Boat Works, asked the Board to
support a Hennepin County Public Works Department request to the
Hennepin County Board of Commissioners for an increase in the
budget for channel dredging from $100,000 to $150,000. Rockvam
commented the channels, are in bad shape. Marcus added that the
Metropolitan Council is also interested in lake maintenance.
Foster moved, Martinson secomded, approval~ of a letter to
the Hennepin County Board of Commissioners supporting the $$0,000
increase asked for in the Hennepin County Public Works Department
budget. Motion carried unanimously. ~'
Cochran noted that on the last agenda .of the Minnehaha Creek
Watershed District there were seven requests for dredging and ten
requests for rip rap and sanding, affecting Lake Minnetonka, 81%
of the cases they handled in August. :.~
5. Reports ~
A. Chair Hurt 'in
1) In discussing the procedure for election of board
officers, Hurt reported it has been called to her attention at
the meeting with the mayors and at Advisory Committee meetings
that there is an inconsistency in the District' appointments by
the cities and the method of electing officers. Officers are
elected in October and Director appointments'made in January.
It is possible a person elected in October might not be re-
appointed in January. New Directors appointed in January
otherwise are not allowed the opportunity to vote for the new
officers. She requested input from the Board so the procedure
can be set at the September meeting. A change to January
elections might answer city concerns about neW'appointees being
able to vote for officers in January.
2). Hurt reported she escorted, members 'of the
Legislative Committee of the Minnesota Future Resources
Commission.on a tour of the lake. Twenty-eight were present and
had a first hand opportunity to observe the weed problem and What
the District is doing. Consultant Arndorfer and Executive
Director Strommen were included on the tour. *~
She spoke at a meeting of the Lake Minnetonka Lakeshore
Homeowners Association on July 27 at which 400 members of the
organization were present. She will serve on their Access and
Fees committees. She and Strommen will write a column for their
newsletter On The Lake. Strommen commented that the organization
will be a viable force on lake issues.
Hurt reported there will be a comprehensive management plan
all day workshop at the LaFayette Club Saturday,. November 18. All
Directors'should attend. It will include lunch. Arndorfer added
he will have a presentation about how the workshop will be
handled at the Advisory Committee meeting, Wednesday, September
13. Ail executives of involved agencies will also be present as
management plan priorities will be set at this time.
B. Financial Reports, Treasurer Lewman
1) Lewman submitted the statement of cash transactions
as of July 31, 1989. He and Strommen will meet with Auditor
Schibilla for a full explanation of the report prior to the next
meeting. Strommen said the second quarter report is finished and
will be submitted to the Board following a critique with the
Treasurer. He noted LMCD funds are adequate, but reserves are
being used to pay for the comprehensive plan consulting fees
until the funding from the state is received, expected before the
end of the year.
2) Lewman moved, Reese seconded, payment of bills in
the amount of $188,241.21, checks numbered 5588 through 5631.
Motion carried unanimously.
C. Standing Committees
1) WATER STRUCTLq{ES, Chair Cochran
a) Malinka moved, Babcock seconded, approval
the August 12, 1989 minutes. Motion carried unanimously.
of
b) Cochran moved, Pillsbury seconded, that the
Board encourage the Sheriff's Water Patrol to find dockage at
either the Wayzata Bay side of the Gray's Bay causeway when
property becomes available to Hennepin County, or at the Wayzata
Yacht Club, so they have dockage to serve the lower lake. Motion
carried unanimously.
Chandler said this would be dockage similar to that given as
amenities by the marinas.
b) Cochran reported the Committee discussed an
internal memo of the City of Greenwood suggesting a study of
Greenwood regulati,ons regarding docks. The Committee recommended
Grathwol review the District's dock regulations as they relate to
other agencies, as well as enforcement procedures.
2) ENVIRONMENTAL, Chair Reese
c) Reese reported on the need for additional
staff help in administrating the weed harvesting program on a day
to day basis to assist in accurate reporting and accountability.
He introduced Rob Merila as an independent consultant candidate
for the position. Merila has volunteer experience with the
E.W.M. Task Force. He is qualified as a biology/fisheries
graduate with journalism experience. He is willing to accept an
offer to serve upon ratification by the Board. The Committee
minutes of August 12 detail the justification and need for this
service. Reese also submitted a position description titled
Manager, Independent Consultant to the Weed Control Program and a
list of objectives to be met within 30 days and 60 days. Reese
further stated there is no over-lap with Project Supervisor John
Anderson's position as he is in charge of all field operations
and Merila would be in charge of related administrative and
support operations, as well as additional assignments in select
LMCD areas assigned by the Executive Director.
It was moved by Reese, sec®nded by Slocum, to retain Rob
Merila on a contrac~ basis to serve as an independent consultant,
manager of the weed control program, per the position
description, at $10.00 per hour, subject to a progress review
after sixty days, subject to review of his references. Motion
carried unanimously.
The Board unanimously commended Tom Reese for his
implementing the weed removal program.
efforts in
d) Cochran submitted a proposed Code amendment
relating to the introduction or removal of weeds into Lake
Minnetonka.
Cochran moved, Lewman seconded, waiving the readings and
adopting Ordinance No. 103, An Ordinance' Relating to the
In'troduction or Removal of Weeds, Adding New Code Section '4.02,
copy attached. Motion carried unanimously.
e) Cochran reported he and Strommen inspected the
Bowers/Morris docks on Lower Lake South, Greenwood. It appears a
variance is necessary if there is going to be reasonable lake
access of the Bowers/Schrock property.
Cochran moved, Foster seconded, that the Board require
Bowers and/or Schrock make application for a variance to resolve
their dock use area conflict, to include a plan for placement of
their dock or docks for the next season, along with the placement
of the neigl~oring docks. .If application is made within 30 days
this will be in lieu of the notice requiring 'them to remove their
docks. Motion carried unanimously.
LeFevere advised that if this is a mandatory variance
affecting more than one neighbor, notice should be given to all
who might possibly be affected.
2~ EUI~SlAN WATER MILFOIL TASK FORCE, Chair Reese
" a) Reese reported there are still only two
harvesters operating. He deferred to Strommen for the complete
report as he was out of town on business during the Task Force
meeting August 18.
Strommen reported a new representative from the Corps of
Engineer~ is drawiug up the working agreement between the DNR and
LMCD involving the plan for 1990.
The third harvester is scheduled for shipment August 25.
Herr, Reese and Strommen met with the President of UMI. He
indicated 'there is no way UMI can improve on the delivery
schedule announced in July. The extension to the shore conveyer
has been delivered to assist in shallow water off-loading.
Strommen showed the harvesting progress on the map. It may be
possible ~o harvest into October depending on weed growth.
4
Hurr reported a new project manager has been hired
Freshwater Foundation to develop the Eurasian water
research and education program.
by the
Milfoil
Strommen reported there are several meetings being developed
for this fall: Carver County is bringing in specialists on the
subject'of milfoil; the Freshwater Foundation will host meetings
in November for a further assessment of the weed and lake issues.
Strommen reported the DNR is distributing weed removal signs
out-state. The DNR has not used all of their out-state funds, so
there should be adequate funding for Lake Minnetonka's weed
control program. Funding from the Corps of Engineers is
contingent on state support.
Boswinkel arrived.
About 235 acres have been harvested as of
availability will determine how much total
harvested.
8/18. Equipment
acreage will be
Lewman reported the City of Minnetrista passed a Resolution
requesting the LMCD notify the City when and where the weeds are
being dumped. They are concerned about nutrient runoff into Six
Mile Creek and other lakes in the area.
3) LAKE USE COMMITTEE, Chair Pillsbury
a) Pillsbury moved, Foster seconded, approval of
the 8-21-89 minutes. Motion carried unanimously.
b) Pillsbury moved, Foster seconded, approval of
charter boat registration for Afternoon Delight. Motion carried
unanimously.
c) Chandler reported an accidental drowning on
July 30. Fifty-three BWIs have been issued to date, the most
they have ever issued. There have been no other major incidents.
d) Pillsbury reported the Committee will meet
with manufacturers and renters of personal watercraft on
September 19 at 7:15 p.m. at the Prudential-Bache conference
room at 445 Lake Street, Wayzata. Copies of the August 3
revision of the personal watercraft analysis were distributed.
Reese
purchasers
discussions.
said it is important that owners and prospective
of personal watercraft be made aware of the District
A news release for the press will be prepared.
e) Pillsbury reported on license agreement made
with the City of. Deephaven three years ago which requires the
City to limit its buoy field to sailboats in 1990.
Foster moved, Slocum seconde~, exemption 'for tile 1990 season
to allow tile City of Deephaven to have motorized and/or sailboats
in 'their buoy field. Motion carried unanimously. ~
f) The 1989 shoreline boat count was distributed
showing a total of 6811 boats in 1989 vs. 7519 in 1988.
g) Pillsbury reported the Minnehaha Creek
Watershed District water level report has been received following
the Committee's request.
4. ADVISORY COMMITTEE, Chair Reese,
Arndorfer.
Consultant
a) The August Progress Report was distributed
including Preliminary Plan status and upcoming meetings.
Elaborating on the Use Management Subcommittee report,Arndorf.er
said it is not desirable to have a density standard but to use
progressively more stringent controls on use and access depending
upon the number of boats per usable acre. The Intergovernmental
Subcommit.tee -has made no decision on expanding the Board to
include other agencies. The (~ommittee are talking about the role
LMCD is playing now and will in the future. The Institutional
Arrangements Subcommittee has made suggestions about how the LMCD
conducts such activities as revising the by-laws; staggering
Director terms; modifying the way officers are elected.
Arndorfer, Hurt and Strommen are asked to meet with the
Woodland City Council on September 5.
Arndorfer said the study is coming together but
lacking in people who have a regional perspective.
it is
5) EXECUTIVE DIRECTOR'S REPORT
a) The Orders for the Wayzata and Orono
Mi~netonka Boat Works applications and the application of the
Minnetonka Yacht Club provided all Directors, will be considered
at the '.Septemben dock and Board meetings. Copies will be
furnished to the applicants.
b) Presentations }lave been made with Orono,
Shorewood, Tonka Bay, Greenwood, Spring Park City Councils and
the Deephaven Dock Committee to explain the 1990 budget. Orono
and Tonka Bay expressed concerns about the amount budgeted for
Frank ~.xa's services. It has been explained his services are
needed for the Advisory Committee work on the Management Plan.
Arndorfer said he relies heavily on Mixa, particularly for past
LMCD references. He is willing to write aletter expressing how
he uses Mixa's expertise.
c) Strommen reported 400 copies of the
Lengths" newsletter have been mailed to area agencies.
are available at city halls.
"Wave
(~oples
d) Boswinkel commented on the objections to the
$1s,000 allocated for public relations in the budget. In his
judgment this is money well spent to keep open lines of
communication with the cities. It was agreed the support of the
cities is important to assure the continuance of LMCD's value as
their lake management organization.
6. Unfinished Business
A. Legal service selection in response to
Committee's recommendation of two finalists.
Selection
Hurt reported there were fourteen applicants. Six were
interviewed after which the selection committee recommended two
firms, Best and Flanagan, and Hoff and Allen, for a final
selection by the Board.
Hurt mowed, Reese seconded, that the Board appoint Best and
Flanagan as Counsel to the Board.
DISCUSSION; Hurt noted the Board appointed the officers and
Grathwol as the selection committee. The selection
committee opened up participation to any Director who wished to
attend their meetings, sending written notification to all
Directors. The questionnaire and interview procedures were
organized by Grathwol with committee input.
Charles LeFevere asked to be excused, thanking the Board for
giving him the opportunity to serve them. The Board reciprocated
with appreciation for his service.
At 9:25 p.m. the Board temporarily
go into executive session to discuss
Members of the audience were excused.
adjourned the meeting to
the personnel matter.
At 9:37 p.m. the representatives from the SAILOR NEWSPAPER
and THE WEEKLY NEWS along with Duane Markus asked to be re-
admitted to the meeting, citing the Minnesota Open Meeting law,
which states advance notice must be made of the intent to hold an
executive session.
The Chair re-convened the meeting.
There was discussion as to how many of the selection
committee members attended the meetings. Cochran stated he has
comments to make which he believes are appropriate for executive
session and therefore he moved, Bjorlin seconded, that the motion
be tabled. Motion carried, Reese and Hurt voting nay.
Reese expressed concern about being without counsel.
Cochran replied there could be an emergency appointment if
necessary. Foster said an appointment of this nature is one that
is anticipated to be of a long duration and there would be no
harm in delaying. Hurt reminded the members that there has not
been a formal appointment for the current year. She urged the
members to talk to Grathwol upon'his return and befor~ the next
meeting. In the meantime notice will be given that there will be
an executive session at the next meeting to'discuss a personnel
matter.
7. New Business
There was no new business.
8. Adjournment
The Chair declared the meeting adjourned at 9:40 p.m.
JoEllen Hurr, Chair
Jan Boswinkel, Secretary
Thursday 7
Thursday 7
Saturday 9
Wednesday 13
Thursday 14
Monday 18
Tuesday 19
Friday 22
Wednesday 27
Thursday 28
LAKE MINNETONKA CONSERVATION DISTRICT
473-7033
L.M.C.D. MEETING SCHEDULE
C'O sEP 1. 1989
Intergovernmental Relations Subcommittee, Management Plan
7:00 pm, Tonka Bay City Hall
Institutional Arrangements Subcommittee,
CANCELLED
Water Structures & Environment committee
7:30 am, LMCD office, Wayzata depot
Advisory Committee, Management Plan
7:00 pm, Tonka Bay City Hall
Lake Access Subcommittee, Management Plan
7:00 pm, Tonka Bay City Hall
Lake Use Committee
4:30 pm, LMCD office, Wayzata deopt
Personal Watercraft Study Committee
7:00 pm, 445 East Lake St., Prudential/Bache Conference Rm 10£
Eurasian Water Milfoil Task Force,
8:30 am, Freshwater Foundation
LMCD Board of Directors' regular meeting
7:30 pm, Tonka Bay City Hall
Intergovernmental Relations Subcommittee~ Management Plan
7:00 pm, Tonka Bay City Hall
8/28/89
Sept. 1989
Sat 2
Sun 3
}ion 4
Sat 9
Sun 10
Mort 16
Sun 17
Sun 23
Sun 24
'Fri 29
Sat 30
LAKE MINNETONKA CONSERVATION DISTRICT
473-7033
EVENTS SCHEDULE
September 1989
R£ O SEP
I 1989
Sailing Races, Burton Cup, MYC
" " " " WYC
" " " " MYC WYC UMYC
Sailing Races MYC
" " UMYC
" " WYC
Sailing Races MYC
" " UMYC
Sailing Races
" " Ul~C
" " MYC
LMCA 10,000 Lakes Regatta
IR/CA 10,000 Lakes Regatta
Sailing Races UMYC
" " WYC
Sailing Races WYC
Sailing Races MYC
" " UMYC
" " MYC
" " MYC
" " WYC
Sailing Races WYC
" " W~C
" " UMYC
Sailing Races WYC
" " UMYC
Don Shelby OS Invitational
Bass Tournament
Don Shelby US Invitational
Bass Tournament
Sailing Races
W/MTKA Boat Works
W/MT~ Boat Works
UMY¢
10:00 am Lower Lake
10:30 am Lower Lake
10:00 am alternate date
10:00 am Lower Lake
10:30 am Upper Lake
1:30 pm Lower Lake
10:00 am Lower Lake
10:30 am Upper Lake
10:00 am Lower Lake
2:00 pm Upper Lake
2:00 pm Lower Lake
10~00 am Lower Lake
10:00 am Lower Lake
10:30 am Upper Lake
1:30 pm Lower Lake
10:00 am Lower Lake
2:00 pm Lower Lake
2:00 pm Upper Lake
9:30 am Lower Lake
10:30 am Upper Lake
11:30 am Lower Lake
1:30 pm Lower Lake
1:30 pm Lower Lake
5:00 pm Lower Lake
10:00 am Lower Lake
2:00 pm Lower Lake
2:00 pm Upper Lake
2:00 pm Lower Lake
10:00 am Lower Lake
10:30 am Upper Lake
7:00 am
7:00 am
10:00 am Lower Lake
2:00 pm Upper Lake
For more information contact Dr. Bruce Martinson at 473-4639 or 470-0030
?;30 AM, ~aturday~ ~eptember 9,"I9&9 ~ Office, Wayzata ·
water variance request for
slips to accommodate public rental pontoon boats. {Application and
of this request to follow prior to 9/9 meeting.}
2- Orders review for Minnetonka Bo~t Works Orono and Wayzata facilities.
{Or~s sent with AucJust Dock Committee minutes,l-advise if copy needed}
' '~ ~licant ~equests deletion of Wayzata amenity "k", sponsorship
of annual bass tournament, not a part of their written amenities
~' ~ submitted during the application process.
Orders review for Minnetoflka Yacht Club/Lake Minnetonka Sailing School.
Public hearing review, deicing testimony presented at 8/23/89 public hear-
ing~ considering amendments to Sec. 2:09, Subd. i relating to fencing of
the deicing area, and Subd. ll relating to prohibition of new deicing
instaIlations- . .~ ~ ·
5. Bean's Greenwood Ma?ina license Violation status, review of applicant's
~ response For new dock license requirement, or temporary low water variance.
6- Bowers-Schrock dock use area variance application status, South Lower Lake.
7. Greenwood city dock study prc~ess report.
8. Additional business recommended by the committee:
ENVIRONMENT=
I. Eurasian Water Milfoil progress report, Chair Reese;
2. Libbs Lake dredging status, action taken by Minnehaha Creek Watershed Dist.
3- Gayle's Marina dredging status," " " " " " "
4. Additional business recommended by the'committee
LAKE HINNETDNKA CONSERVATION DISTRICT
Action Report of:
Public Hearinq:
Safety fencing requirements and
eligibility for deicing of permanent
installed after January 22, 198&
Wednesday, August 23, .1989 7:00 P. M.
Bay City Hall
docks
onka J EL" SEP
Present:
Marvin
Foster, Oeephaven; JoElIen Hurt, Orono;
Babcock, Spring Park; John Lewman, Minnetrista;
Martinson, Wayzata; Robert Pillsbury, Minnetonka;
Reese, Mound; Eugene Strommen, Executive Director;
LeFevere, Counsel; Sgt. Nm. Chandler, Sheriff's
Patrol.
Bjorlin, Tonka Bay; David Cochran, Greenwood; Bert
Douglas
Thomas
ThOmas
Charles
Water
Chair Hurt convened a Public Hearing for a d~icing review of safety fencing
requirements and eligibility for deicing of permanent docks installed after
January 22, 198b as provided.for in LMCD Code Section 2.09, Subd. I and Subd.
11.
Duane Markus, 405 Boshaway Road, Wayzata, expressed the hope that the Board
would consider an ordinance that is fair for al1. If any new permits are
granted they be granted to everyone requesting them or the Board should adhere
to the January 22, !986 prohibition on issuance of permits.
Foster answered Jerry Rockvam's, Rockvam Boat Works, inquiry as to the purpose
for a change by stating it is in response to requests from dock owners who have
installed permanent docks and wish to deice. There is also a provision in the
ordinance in that you cannot turn deicing pumps on unless the barricade is
completely in place. This cannot always be done in the early days of the freeze
unless the ice is sufficient to hold weight. This is a critical time when the
freeze/thaw and movement causes dock damage. There have also been citizen
comments about reducing the amount of lighting required at the site. In
addition there are concerns about people who deice without a permit. The
District primarily issues citations on complaint from the public. The purpose
of this hearing is to look at amending the ordinance after public input.
Rockvam said deicing is a risky situation and conditions vary in different areas
of the lake. At his boatworks they have placed an underwater curtain 100 feet
out from shore which confines the open water to the area around the docks.
Responding to a question from Markus, Counsel LeFevere stated the person
undertaking the deicing has the liability. He stated it is unlikely that action
could be brought against the LMCD for lack of inspecting all of the deicing
sites throughout the season. In the case of the present Code, the Board
"grandfather'ed" existing operations, which'is within the law, and they can allow
new operations, but are not required to do so.
All interested parties having been given an opportunity to be heard, the Public
Hearing was closed at 7:30 p.m. Hurr stated the Board will look at the
ordinance and see if there are amendments needed. All interested parties will
be notified when the item will be on the agenda. Other comments or suggestions
can be given to the staff or board members in the meahtime.
LAKE MINNETONKA CONSERUATION DISTRICT ~ AUB 2~ 1§~
_A_ct__i.p_n_ _R_e_port o{: LAKE USE COMMITTEE
Meetinq.'
Monday, August 21, 1989, 4:30 p.m.
LMCD Office, Nayzata
Present:
Robert Pillsbury, Chair, l'linnetonka; Marvin Bjorlin, Tonka
Bay; Bert Foster, Deephaven; JoEllen Hurt, Orono;
Douglas Babcock, Sprin~ Park; Thomas Martinson, Wayzata
(as noted); Sgt. Wm. Chandler, Sheriff's Water Patrol,
Eugene Strommen, Executive Director.
The meeting was called to order by Chair Pillsbury at 4:40 p.m.
1. Personal Watercraft (PW) committee organizational status
roster's revised analysis of personal watercraft was distributed and he
requested direction as to whether the Committee wished to meet with
representatives of the PW industry individually, as a group or proceed with a
Public Hearing. The consensus of the Com¢,ittee is to schedule a meeting for
Tuesday, September 19th ak 7:15 p.m. in room 100, 445 East Lake Street, Wayzata.
Foster and Strommen will invite representatives of the personal watercraft
industry, renters and 'the Safety and Conservation Officers of the MN Department
of Natural Resources, with any other interested parties welcome. A Public
Hearing would likely follow this fact fiHding exploration.
2. Charter Boat Registration: Afternoon Delight
The Committee received an application for charter boat registration for
Afternoon Delight berthed at Tonka Bay Marina. This is a second year rene~al
add the late fee has been paid.
Hurt moved, Bjorlin seconded, recommeHdation to the Board for approval of a
charter boat registration for Afternoon Delight. Motion carried unanimously.
Water Patrol Report
Sgt. Chandler reported the drowning of a swimmer off Cedar Point on July'
30. Fifty--three BWIs have been issued as of August 20, surpassing those issued
in 1988. Activity has been very high but there ha~e beeH no serious accidents.
He also reported there were no problems with the antique boat parade and show.
4. Other Business
boats in
Watershed
months.
Strommen distributed the Shoreline Boat Count~ showing a total of 6811
1989 vs. 751°. in 1988. Pillsbury asked for the Minnehaha Creek
District water level report which has not been received the past two
1
B. Strommen reported an incident m~here a citation was issued for a rental
sailboat without a license. Cochran said the boat belonged to the Lower
Minnetonl~a Yacht C16b '(LMYC) and time user, who had rented it, was not aware that
the temporary license permit was on the boat but numbers had not been affixed.
This led to a discussion as to ~hether this type of rental requires a charter
boat registration. ' The question was raised as to the LMYC being licensed to
rent or charter boats. Cochran and Roster understood this was included in their
license. The Executive Director ~ill confirm this provision. Sgt. Chandler
said they are required to inspect all boats that are rented, leased or for hire.
C. Strommen and Cochran will view the Horris/Bowers dock use area
situation on Rairview Street in Greenwood following this meeting to further
assess time dock use area conflict.
D. ~ollowing a discussion o~ the operation of some charter boats at a
speed which creates problems on the lake, the committee recommended th~ Board
approve a letter to the charter boat license holders calling attentio~ to their
responsibilities to maintain a safe wake, particularly when moving empty to
passenger, pick-up locations. Chandler said the Water Patrol plans a general
meeting ~ith the charter boats at the end of the season to review experiences
and problems. The Executive Director asked to be included in this meeting.
E. Responding to comments from ~oster about Water Patrol stops for
excessive use of spot lights, Chandler said it is a mat~er of safety as the
lights can be bli,ding to o~her boats, having a negativo impact on night vision.
Many complaints are received due to over use of spot lights, Chandler added.
Martinson arriyed at this time.
F. Fo~ter reported he has contacted several people knowledgeable about de-
icing. James Hyer and ~erry Roe?yam are prepared to comment at the Public
Hearing on AuguSt 2~.
G. Foster raised a question about the license agreement made ~ith the City
of Deephaven three years ago which requires the City to limit the use of their
buoy field to sailboats, effective in 1~0. The City is currently still using
some buoys for motor boats. Because of the low water, Deephaven is requesting a
waiver of ~'his restriction for 1990.
Cochran moved, Hurt seconded, a recommendation t'~ the Board that the City
of Deephave, be exempted for lggO, from the requirement that their buoys be used
only for sailboats. Motion carried unanimously.
The ~ommittee requested a review of the history of the requirement that
buoys not be used for power boats.
Meeting adjourned at
~) p.m.
For the Committee:
Eugene Strommen
Executive Director
MINUTES OF A MEETING OF THE
MOUND ADVISORY PLANNING COMMI55ION
August 28, 1989
Present were: Chair Bill Meyer, Commissioners GeoFF Michael, Ken
Smith, Frank Weiland, Brad Sohns, William Thal, Vern Andersen,
and Jerry Clapsaddle, Council Representative Liz Jensen, City
Manager Ed Shukle, Building Official Jan Bertrand, City Planner
Mark Koegler, .and Secretary Peggy James.
Also present were: Molly Sorensen, Charlie RegenFuss, Dave Win-
ter, Frank Blackowiak dr., Dan Scherer, Rick Hawkinson, Roy
Hagen', Fran Hagen, John Royer, Bruce Oodds, Patti Dodds, Bill
Clark, and Leon Kelzenberg.
Chair Bill Meyer called the meeting to order at 7:30 p.m.
MINUTES:
Clapsaddie noted a correction on page 3, paragraph 5, it should
read, "Clapsaddle commented . . . and he Feels the house is not
contrary to the area." Sohns also noted a correction on page 3,
paragraph 3, he questioned Smith if removing the words "and
improving" would better express the meaning of his statement.
Smith agreed to re~>ve the words. Sohns noted two additional
corrections on page 8, last paragraph, it should read, "Sohns
stated . . . before the ~l-~mfng-{~Tm~ri~y~fon City can ask the
citizens to do the same. The City has to se~-a~ lead by example,
and they are not doing that in his opinion."
MOTION made by Weiland, seconded by Andersen to approve
the Planning Commission Minutes of August 14, 1989 as
amended. Motion carried unanimously.
BOARD OF APPEALS:
Case No. 89-836: Charles Regenfusst 6201 Bayridge Road,
Halstead Acres 2nd Addition? Lot 47 Block 17 PID #23-117-24-
33 0015. FRONT YARD SETBACK VARIANCE.
Building OFFicial, Jan Bertrand, reviewed that applicants request
For a setback variance to construct a 24' x 24' one story at-
tached garage to the east side of his property. Recognition of
the existing nonconforming setbacks is also required, the setback
to the north Bayridge Drive is 28.5 feet, and to the east From
Westedge Blvd. is 27.5 Feet, the required setback is 30 Feet.
Staff distributed pictures showing that the existing tuckunder
garage partially includes a Framed bedroom area which does not
allow a Full two car width garage as it appears From the outside
of the dwelling. Bertrand explained that the applicant wishes
the garage on the east side of the structure due to large trees
on the west side, topography of the lot, and existing insuffi-
cient garage space.
Planning Commission Minutes
August 28, 1989
Page Two
Bertrand recommended that if the variance is approved due to the
hardship being trees, a tree inventory be taken to determine
which trees have a greater value. If the Commission deems the
hardship of toPOgraphy, alleviating access from Westedge Blvd.,
and affording the owner reasonable use of his land to access his
property from the existing driveway, staff would recommend ap-
proval of the variance.
The Commission questioned staff's recommendation for a tree in-
ventory, Bertrand explained that if the variance were granted
with the hardship being the trees, she would recommend that a
forestation inventory be submitted by a landscape nursery to
determine the value of the trees.
The Commission discussed positioning the garage on the west side
of the home and realized there is room on the lot for a conform-
ing garage (attached or detached) to be placed on the west side.
The applicant, Charles Regenfuss, explained that they would only
be cutting down one tree on the east side, however on the west
side there are two trees, one poplar and one elm. He explained
that the west side of his home is his livtng room and he would
have to add a new entrance to the home ff the garage was to be
placed on that side. In addition, he does not want to give the
house an appearance of a duplex by having garages on both sides
of the home. The applicant stated that the extsting garage stall
is only 8'7" wide and is not usable as a garage, once you get the
car into the stall, it is almost impossible to get out of the
car.
The Commission discussed further alternatives such as reducinQ
the appendage and setback of the proposed addition by adding only
a l-l/2 width garage and combining it with the existing 8'7" bE
garage space. Sohns raised the issue of the lB feet between the
applicants property line and the curb, where tn actuality, the
proposed garage will be 24.3 feet to the curb. Jansen stated
that since Westedge is a County Road there is a good possibility
that the road could be improved ~o be wider.
The applicant stated that he does not want to have two driveways,
does not want to have his house appear to be a duplex in a single
family area, emphasized that there are more trees on the west
side of the lot that are 15 years old or more, and added that a
neighbor two doors down has a garage as close to County Road 44
as he is proposing.
Planning Commission Minutes
Page Thre~ '
MOTION made by Thai, seconded by Sohns to recognize the
existing nonconforming setlmacks to E~yridge and County
Road 44 in order to allow the applicant to construct a
conforming garage. IF the applicant chooses to revise
his request and return to the Planning Commission, the
variance.Fee will be waived.
The motion was explained to the applicant. Staff suggested the
motion include a recommendation to the Council relating to the
applicants request, either For approval or denial.
Thai amended his motion, and Sohns seconded, to include
denial of the setback variance to allow construction of
a 24'x24' attached garage on the County Road 44 (west)
side of the dwelling.
The applicant commented that he would like to revise his request
and return to the Planning Commission at their next meeting. He
stressed that his time was limited due to weather and wanted a
garage by winter. The Commission agreed to hear the revised
request at their September llth meeting, and refer the case to
the City Council on September 12th.
Thai moved to withdraw his motion, Sohns seconded.
MOTION made by Clapsaddle, seconded by Weiland to table
the applicant's request until the Sept~ber Il, 1989
Planning Commission meeting. Motion carried unanim-
ously.
be
Case No. 89-837: TCBY Yoqurt Shopt Larry Nelsont 2280? Com-
merce Blvd. (north of the railroad tracks). CONDITIONAL USE
PERMIT (PUBLIC HEARING).
City Planner, Mark Koegier, clarified the proposed location For
the yogurt shop. He explained that the site is currently being
leased by the City of Mound From Dakota Rail For CBD parking.
Koegler Further reviewed the applicants proposal and expressed
his Findings. The proposed 8 parking spaces do not meet the
required parking. The site configuration, as submitted, is in-
adequate'to serve as a free standing Facility. Inadequate park-
ing exists and the site layout creates an undesirable situation
by placing the drive-up window between the entrance area oF the
building and the parking lot requiring patrons to cross the
stream of vehicles accessing and exiting the drive-up window
area.
Planning Commission Minutes
August 28, 1989
Page Four
Dakota Rail has not submitted an application for a subdivision of
the proposed 7,500 square foot parcel~ therefore, the subject
property does not legally exist nor is there any proposal at the
present ttme to create such a parcel. Having a TCBY Yogurt Shop
in Mound would be beneficial to the community and to the CBD
retail area.
Staff recommended that the Planning Commission recommend that the
City Counctl deny the proposed request since the site plan
creates an inadequate parking and circulation system due to the
fact that the land parcel to the subject property of the proposed
conditional use permit has yet to be legally created. The staff
recommendation of denial fs based soley on the proposed plan and
should not be considered a suggested denial oE the use itself.
With an appropriate site proposal and subdivision, staff could
certainly support the approval of a TCBY Yogurt Shop.
Chair Meyer asked the Commission For any comments or questions
relattng to the technical merits oE the application. The Commis-
sion expressed a concern relating to the submission of the ap-
plication and why staff accepted it when the party Involved does
-._not.. own the property,"and the property does not have a legal
description. Staff explat'ned that the applicant was aware of
thts requirement, however, they indicated that since they are a
franchise they needed approval of the use prior to purchasing the
land. Koegier added that there Is a legitimate purchase order
between the applicant and the owner.
Sohns raised a concern, would this create a land lpcked parcel?
Koegler reviewed the present site and compared tt to surrounding
property ownership. The City Manager confirmed that when the new
traffic lights are installed at Lynwood Blvd. and Commerce B1vd.
the curb cuts off of Commerce, in Front of the Coast-to-Coast,
will be "Enter Only."
Chair Meyer opened the public heartng.
Larry Nelson, applicant, was under the impression that Dakota
Rail would have had their subdivision application submitted to
the City by now.
Leon Kelzenberg, General Contractor for the project, questioned
if the City would like barriers erected around three sides of the
building. He is willing to work with the City to create a work-
able site plan.
Bruce Oodds, owner of the Coast-to-Coast expressed a concern that
their property would be land locked if the proposal were to be
approyed.
3003
Planning Commission Minutes
August ZS,' 1989
Page Five''l,:
Leon Kelzenberg requested that the Planning Commission table
their request so they may revise their layout.
Chair Meyer closed the pubiic hearing.
The Commission discussed the need for the property to be properly
subdivided prior to the issuance of the Conditional Use Permit.
The Commission was in Favor of having a yogurt shop in Mound.
Sohns- stated that he feels Mound currently has inadequate parking
and poor traffic flow. He expressed the need for a vision of
downtown Mound, which should include a Future use for this
property. He personally feels this property should be left open
for parking.
MOTION made by Thai, seconded by Smith, to table the
request for a Conditioeni Use Permit until the applicant
returns with a revised plan. Motion carried unanim-
ously.
Case No. 89-838: Hennepin County~ Dennis Albrecht? 5501
Lynwood 8]vd.~ Koehler's Addition to Mound~ Lots 35? 36 &
37~ PID #13-117-24-33 0039. CONDITIONAL USE PERMIT (PUBLIC
HEARING).
City Planner, Mark Koegler, reviewed the request for a temporary
interim truck routing station to be established at the Bill Clark
Oil site. Interim truck routing stations are essentially dis-
patching points. When the garbage trucks are full, they will
proceed to a routing station where their ]oads will be recorded
and then dispatched to an appropriate disposa) site, either a
waste burning p)ant or a )andfil). No waste material wi)l be
dumped or transferred at the routing ]ocations. A maximum of 15
trucks per day is projected for the Mound )ocation.
Koegler further explained that since more than one industrial use
wi]l be on the one site, a P)anned Industrial Area (rIAl must be
established by Conditiona) Use Permit. The City Counci]
then issue Operation Permits for each of the perspective
businesses for that site.
Staff recommended that the Planning Commission recommend that the
City Counci] approve a conditiona) use permit to establish the
Bi)) Clark Oil Company property as a P)anned Industrial Area.
Such approval is subject to receipt of a site p]an for the entire
property in conformance with Section 23.620.4 of the Mound Zoning
Code. Pending approval of the PIA, the City Council can approve
an Operations Permit For the routing station with the inclusion
Planning Commission Minutes
August 28, ]989
Page Six
of all appropriate conditions. Appropriate conditions may in-
clude Items such as limiting the total number of trucks, limiting
the hours of operation, requiring access to the site to be only
via prescribed routes, ltmfttng use of the routing station to
only waste haulers licensed by the City of Mound, etc.
Chair Meyer opened the public hearing.
Wetland questioned tf a Hennepfn County employee wtll be sta-
tioned at the site Eot eight hours a day to receive 15 trucks or
less per day, stopping for approxin~ately I minute each. David
Winter oE Hennepin County stated that they hope to contract a
Bill Clark 0fi employee to route the trucks, if this does not
work, they wlll have to hire a full time employee. David Winter
further explained the organization of an interim truck routing
stations.
Frank Blackowfak, Dan Scherer, and Rick Hawkinson are all garbage
haulers in Mound and expressed that they are in favor o{ the
request.
Chair Meye~ closed the public hearing.
Sohns and Andersen expressed that they do not feel thts use
belongs downtown.
MOTION n~scle by ~tth, seconded by Clapsaddle, to ~prove
staff recommendation.
Some of the Commission members questioned the PlA process.
Koegler explained the process, and added that the Operation Per-
mits are approved soley by the City Council.
Thal called for the question. Re majority was in favor 6 -
with Andersen, Sohns, and Meyer opposing.
Andersen and Sohns agreed that issuing Clark Oil a PlA opens op-
tions for Bill Clark to bring in other uses fn the future. Sohns
also commented that he does not feel this use fits into his vi-
sion of downtown Mound. He emphasized that a vision for downtown
needs to be created.
Meyer commented that he wanted to further discuss the issue and
needed further clarification on PIA's. Welland agreed with Meyer,
and stated he would ,like to further discuss the issue also.
Weiland moved, Sohns seconded a motion to reconsider the
motion. Motion carried 7 - Z, those opposed were Smith
and Jensen.
Planning Commission Minutes
August 28~.~' 1989
Page Seve~
Koeg]er Further explained that by Ordinance, iF there is more
than one use on an Industrially zoned property a PIA must be es-
tablished. Any Future changes to the PIA are brought before the
City Council via Operation Permits.
Sohns stated that he is not in Favor oF granting the PIA because
it could allow other operations and business to occupy the site,
and Planning bodies are not involved in that decision process.
MOTION mede by Smith, seconded by Thai to approve staFF
recommendation. Motion carried 7 - 2 (those in favor:
'Weiland, Thai, Meyer, Jensen, Clapsaddle, Smith, and
Michael; those opposed: Andersen and Sohns).
The Commission reviewed conditions For the Operation Permit such
as hours oF operation, time limit on permit, routing, etc. It
was determined these issues would be addressed by the City Coun-
cil.
This case wil 1 be heard by the City Council on September 1Z,
1989.
de
Case No. 89-839: Roy Hagen, 6224 Red Oak Road, Mound Ter-
race, Lot 4, Block l? PID #14-117-24-32 0004. VARIANCE: EX-
[STING NONCONFORMING SIDE YARD SETBACK.
Building OFFicial, Jan Bertrand, reviewed the applicants request
to recognize an existing 4 Foot side yard setback to allow con-
struction oF a 8' x 14' conforming addition to the lakeside oF
the home.
StaFF recommended approval oF the 2 Foot 'side yard setback
variance to aFFord the owner reasonable use oF his property and
waived the survey requirements since the neighboring properties
have surveys showing his dwelling, setbacks, a11 property markers
are clearly marked, and the valuation oF this addition is minimal
to the overall dwelling.
MOTION made by Wetland, seconded by Andersen to approve
staFF recommendation. Motion carried unanimously.
This case will be heard by the City Council on September 12,
1989.
Planning Commission Minutes
August 28, 1989
Page Eight
DISCUSSION/INFORMATIONAL:
Revtew the revised Comprehensive Plan DraFt.
The Commission agreed that they needed more time to review the
draft. Koegler informed the Commission that iF they.wanted more
items included in the Plan, such as a vision for downtown, it
needs to be addressed as soon as possible. There is only one
section remaining, Natural Resources.
Sohns stated that he feels the Economic Development Commission
should be involved in developing the Comprehensive Plan. He
would like to receive a presentation from the Economic Develop-
ment Commission to find out where they are at and what they are
doing.
General discussion: Shoreline Management Plan.
Koegler handed out a copy of Statewide Standards for "Management
of Shoreland Areas" which was created by the DNR Shoreland
Management Program. He informed the Commission that this docu-
ment states new regulations on shoreland management. -
For your information:
Desperado's case.
Letter from Roll Turnqutst regardinq the
The Commission discussed the letter and the out-come of the case
at the City Council meeting of August 22, 1989.
City Council Representative Report.
Jansen reviewed the City Council meeting oF August 22, 1989.
Set date and location for Planninq Commission Recognition Dinner.
This will be discussed at a future meeting.
MOTION ~de by Weiland, seconded by Clapsaddi. e to ecl--
journ the meeting at 11:05 p.m. Motion carried unanim--
ously.
Chair, Bill Meyer
Attest:
3oo
HENNEPlNPA~~
SPONSORS
THE INVASION OF THE
EXOTIC AQUATIC WEEDS.
n~-ormation Session on Purple Loosestnfe
& Eurasian Water Mfifoil .~.~'
~~:' WedneSday, September 20, 1989 ~
8:15- 10:30 a.m.
French Regional Park
Outdoor Recreation Center
Topics
· What are these weeds and why are they a problem?
· What can be done now in control efforts?
· What is the latest research on control?
· How do we educate the public?
· How can public agencies best use financial reso~arces?
Presentors
Dr. David Weaver, Director of Natural Resources Management,
Hennepin Parks
Jack Skrypek, Chief of Ecological Services, D.N.R.
Tom Jahnke, District Forester, Hennepin Parks
John Batten, Water Quality Manager, Hennepin Parks
Who Should Attend
Administrators, policymakers and affected staff of public
agencies who share responsibility for weed control in lakes
and wetlands
Free Coffee & Rolls
To register call Hennepin Parks, 559-9000 · by September 15, 1989
Directions to French Regional Park
Bring this notice or a copy of this notice for parking fee waiver.
300,/
METROPOLITAN COUNCIL Mears Parl~ Centre, 230 East Fifth Street, St. Paul, MN. 55101
REGIONAL BREAKFAST MEETINGS
FOR LOC 4L OFFICL4LS IN
HENNEPIN COUNTY
612 291-6359
Metropolitan Council Chair Steve Keefe invites you to his annual regional breakfast meetings
for local officials in Hennepin County. These meetings will provide an opportunity to talk
about the issues the Council is dealing with and for you to express your ideas about the
Council and its work.
Chair Keefe will discuss the Council's priority projects for next year, and some of the
metropolitan issues the Council thinks the legislature may address in 1990. Council members
are also interested in hearing what you think the Council is doing right, what it is doing wrong
and what it should be doing in the future.
Three meetings are scheduled for local officials in Hennepin County--one each in northern
and southern Hennepin County and one in Minneapolis. You may attend any or all of these
meetings. Following is the schedule:
HENNEPIN COUNTY (SOUTH)
MINNEAPOLIS
WHEN: Friday, Sept. 22, 1989 WHEN:
7:30 - 9 a.m.
Wed., Sept. 27, 1989
7:30 - 9 a.m.
WHERE: Hopkins House WHERE:
1501 Hwy. 7
Hopkins
Normandy Inn
405 S. Eighth St.
Minneapolis
RSVP BE' Sept. 19
RSVP BY.. Sept. 22
HENNEP1N COUNTY (NORTH)
WHEN:
Friday, Oct. 6, 1989
7:30 - 9 a.m.
Kopper Kettle
225 Central Ay.
Osseo
RSVP BY: Oct. 3
The cost per meeting is $5, which includes breakfast, tax and gratuity.
the Council's Community Outreach Division at 291-6500.
To RSVP, please call
Joel Fisher
Barbara L Jones
Douglas F. McGuire
Joel C. Monke
Steven C. Smith
SMITH · FISHER
ATTORNEYS AT LAW
Market Plaza
732 West 66th Street
Richfield, Minnesota 55423
(612) 861-4556
Mr. Ed Shukle
City Manager
5341 Maywood Road
Mound, MN 55364
September 11, 1989
REC'O SEP 1 9. 1989
Dear Ed:
Enclosed please
dated September
S i.n~ ~1/~ y,
~/ve~S'mi t h
SS:kr
find a copy
11, 1989.
of a letter
sent
to Mrs. Susan Allen
Enclosure
SMITH · FISHER
ATI'ORNEYS AT LAW
Joel Fisher
Barbara L Jones
Douglas F. McGuire
Joel C. 34onke
Steven C. Smith
Market Pla?n
732 West 66th Street
Richfield. Minnesota 55423
(612) 861-4556
September 11, 1989
Mrs. Susan Allen
1630 Finch Lane
Mound, MN 55364
RE:
Cat Problem/Compalint of Public Nuisance
Dear Ms. Allen:
Enclosed please find the following:
1)
My September 1, 1989, letter of information to Mound's
City Manager.
2) A portion of his letter of September 8, 1989,
addressing the problem.
3)
Attached September 6 memo from Police Chief with
police department follow-up report and attachments.
It appears that the City staff is proceeding on this problem. Also,
if you have further questions, you can call the police chief, Len
Harrell, at City Hall. Also, if you have any questions of me please
feel free to contact me at any time. You had indicated that your
intent was to appear at the next Council meeting on September 12,
and address this problem. Please let me know if this is still your
intent or if you are satisfied with procedures to date.
Sincerely,
Steve Smith
Home: 472-7664
Office: 861-4556
SCS:kr
Enclosures
July 25, 1989
RESOLUTION NO. 89-
RESOLUTION ESTABLISHING AUGUST 18 & 19 EACH
BETHEL UNITED METHODIST DAY IN THE CITY OF MOUND
WHEREAS, Bethel United Methodist Church was the
organized church in Mound; and
first
WHEREAS, Bethel United Methodist has served the community
of Mound in ministry for One Hundred Years; and
WHEREAS, the Bethel United Methodist congregation is
celebrating its Centennial on August 19th and 20th, recognizing its
One Hundred Years of ministry.
NOW, THEREFORE, BE IT RESOLVED that the Mayor and City
Council of the City of Mound hereby proclaim August 18th and 19th
each: Bethel United Methodist Day in the City of Mound.
Mayor