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1989-09-26 CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL REGULAR MEETING 7:30 P.M.t TUESDAY, SEPTEMBER 26, 1989 COUNCIL CHAMBERS 1. PLEDGE OF ALLEGIANCE. Se So APPROVE THE MINUTES OF THE SEPTEMBER 12, 1989, REGULAR MEETING AND THE SEPTEMBER 19, 1989, COMMITTEE OF THE WHOLE MEETING. Pg. 3014-3025 PUBLIC HEARING: DELINQUENT UTILITY BILLS. Pg. 3026 PUBLIC HEARINGS: SPECIAL ASSESSMENTS - 1989 CBD PARKING MAINTENANCE ASSESSMENTS - 1989 UNPAID TREE REMOVAL ASSESSMENTS - 1989 DELINQUENT WATER & SEWER ASSESSMENTS - 1989 UNPAID CLEAN-UP ASSESSMENT - 1989 UNPAID MOWING ASSESSMENTS - 1989 UNPAID REMOVAL OF HAZARDOUS BUILDING CHARGES ASSESSMENT Pg. 3027-3030 Pg. 3031-3032 Pg. 3033-3034 Pg. 3035-3036 Pg. 3037-3038 Pg. 3039-3040 - 1989 UNPAID CONSULTATION SERVICES BEFORE REMOVAL OF HAZARDOUS BUILDING CHARGES ASSESSMENT Pg. 3041-3042 - 1989 UNPAID REMOVAL OF DECK ON COMMONS CHARGES ASSESSMENT Pg. 3043-3044 PUBLIC HEARING - CASE #89-843: CONSIDERATION OF 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. Pg. 3045-3054 CASE #89-833: REQUEST FOR FENCE HEIGHT VARIANCE AND NONCONFORMING FENCES AT 4309, 4313, 4317 & 4327 WILSHIRE BLVD. FOR JOHN MINAHAN, 4313 WILSHIRE BLVD. Pg. 3055-3074 Page 3011 CASE ~S9-836 - RESOLUTION OF DENIAL OF THE REQUEST FOR A FRONT YARD SETBACK VARIANCE " FOR CHARLES REGENFUSS, 6201 BAYRIDGE ROAD, LOT 4, BLOCK 1, HALSTEAD ACRES, PID #23-117-24 33 0015· (To be handed out Tuesday evening.) CASE #89-838: CONDITIONAL USE PERMIT AND OPERATIONS PERMIT FOR HENNEPIN COUNTY & BILL CLARK OIL, 5501 LYNWOOD BLVD., LOTS 35, 36 & 37, KOEHLER'S ADDITION TO MOUND, PID #13-117-24 33 0039. Pg. 3075-3094 ~89-840= WALTER GRAHAM, 4520 DENBIGH ROAD, LOTS 1,2,3, & NEly 1/2 OF LOT 4, BLOCK 2, AVALON, PID #19-117-23 24 0006'& 0007. 10. Request: MINOR SUBDIVISION AND SETBACK VARIANCE. Pg. 3095-3116 CASE ~89-841: CARL HANSON (SELLER) & DOUGLAS VOGEL (BUYER), 1677 AVOCET LANE, LOT 8, BLOCK 7, DREAMWOOD, PID #13-117-24 21 0018. 11. Request: LOT AREA AND SETBACK VARIANCE. CASE ~89-842= MARK HEESEN, 4669 CUMBERLAND ROAD, LOTS 43,44,45, & 1/2 OF VACATED STREET, BLOCK 10, PEMBROKE, PID #19-117-23 33 0192/0193. Pg. 3117-3135 12. Request: MINOR SUBDIVISION. COMMENTS & SUGGESTIONS FROM CITIZENS PRESENT. Pg. 3136-3144 13. 14. 15. 16. AVALON PARK - BOAT DOCKAGE. Pg. 3145-3149 PARK COMMISSION RECOMMENDATION ON SPRAYING HERBICIDES ON CITY PROPERTY EXCEPT AT THE CEMETERY AND CITY HALL. Pg. 3150 REVIEW OF LIQUOR LICENSE AT THE JOCK CLUB AS IT - RELATES TO RECENT VIOLATION OF GAMBLING LAW AND CONSIDER SUSPENSION OR REVOCATION OF THE LIQUOR LICENSE. Pg. 3151-3158 STATUS OF COMPLAINT - MELVIN ZUCKMANN. 17. RESOLUTION DIRECTING CITY ENGINEERANDARCHITECT TO PREPARE PLANS AND SPECIFICATIONS FOR THE UPGRADING OF CITY HALL FACILITIES AND PLANS AND SPECIFICATIONS FOR THE STORING OF PUBLIC WORKS OUTDOOR MATERIALS ON THE EAST AND WEST SIDES OF CITY HALL. Pg. 3159-3160 Page 3012 18. 19. 20. 21. 22. 23. RESOLUTION DIRECTING THE CITY ENGINEER TO PREPARE PLANS AND SPECIFICATIONS FOR THE IMPROVEMENT OF MAYW00D ROAD. Pg. 3161 REVIEW OF PROPOSED PEMBROKE PARK IMPROVEMENT. Pg. 3162-3163 SET PUBLIC HEARING AND RECONVENED PUBLIC HEARING FOR 1990 OPERATING BUDGET. SUGGESTED DATES= OCTOBER 24, 1989 & OCTOBER 26, 1989 AND/OR NOVEMBER 1, 1989, IF NEEDED. Pg- 3164 CERTIFICATION OF PROPOSED TAX LEVY FOR 1990. Pg. 3165-3166 PAYMENT OF BILLS. Pg. 3167-3181 INFORMATION/MISCELLANEOUS: A® Financial Report for August 1989, as prepared by John Norman, Finance Director. Pg. 3182-3183 Park Commission Minutes offS, 1989. Pg. 3184-3188 Ce Planning Commission Minutes of September 11, 1989. Pg. 3189-3197 D. LMCD mailings. Pg. 3198-3208 E® Letter from Dennis Hansen, Hennepin County, on status of traffic signal at Commerce Blvd. and Lynwood Blvd. Pg. 3209 Fe Notice from Triax Cablevision regarding a rate increase to go into effect November 1, 1989. (PLEASE NOTE: Federal law prohibits cities from regulating Cable T.V. rates. This has been in effect since 1984.) Pg. 3210-3211 Ge Invitation to attend Open House at Reed & Pond, Wednesday, September 27, 1989, 4:00 P.M. to 8:00 P.M. Pg. 3212 He Materials received at seminar on aquatic weeds held at Hennepin Parks, September 20. Jim Fackler, Park Director and Ed Shukle, City Manager attended. Pg. 3213-3221 Page 3013 141 September 12, 1989 MINUTES - MOUND CITY COUNCIL - SEPTEMBER lZv 1989 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, September 12, 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, Police Chief Len Harrell, and the following interested citizens: Jeff Schoenwet- ter, Rolf Turnquist, Mike Cusack, Ralph Turnquist, Ann Henson, Michael Mueller, Dick Meredith, Frank McGill, Robert Morgan, Wil- liam Thal, Pat Meisel, Roxanne Mutterer, Ron Johnson, John Zuc- caro, Frank Blackowiak, Jerry Tasa, John Hubler, Bill Kullberg, Tim Miller, Jerry Henke, Rod Plaza, Gene Garvais, Dan Scherven, Claudia Miller, Nancy Nordstrom, Fran Hagen, Roy Hagen, Jane Chiesl, Mike Chiesl, Lorrie Stanton, Oswin Pflug, Fred Gut- tormson, Tom Reese, David Arndorfer, Tom Casey, Scott Wright, Duane Van Poll, Dave Winter, Mr. & Mrs. Charles Regenfuss, and Stan Drahos. The Mayor opened the meeting and welcomed the people in atten- dance. The Pledge of Allegiance was recited. MINUTES MOTION made by Jensen, seconded by Johnson to approve the minutes of the August 22, 1989, Regular Meeting as sub- mitted. The vote was unanimously in'favor. Motion carrled. CONTINUATION OF PUBLIC HEARING: CASE #89-835 -WILLIAM DUNKLEY, DBA DESPERADO,S, 4451 WILSHIRE BLVD. ~ LOTS 3 THROUGH 18, BLOCK 8~ AVALONt PID #19-117-23 31 0021t CONDITIONAL USE PERMIT FOR A CLASS III RESTAURANT (LIQUOR SERVICP. RESTAURANT} IN THE B-Z GENERAL BUSINESS DISTRICT AND VARIANCES & PUBLIC HEARING: TO CONSIDER ISSUANCE OF AN ON SALE INTOXICATING LIQUOR LICENSE FOR WILLIi~M DUNKLEY, ETC. DBA DESPERADO,S~ INC. ~ 4451 WILSHIRE BLVD. The Mayor asked if anyone wished to make a statement. Fred Guttormson, representing Desperado's, Inc., stated that due to complications and a tentative offer to sell the property to the Turnquist's, they are withdrawing their requests. 142 September 12, 1989 Rolf Turnquist thanked the Council for their consideration and stated he thought the developer would proceed with the development of their parcel plus the piece that would be ac- quired from Desperado's. Jeff Schoenwetter, developer, handed out brochures with an overview of what kinds of homes he would be building on the Turnquist property. The Council then deviated from the agenda order. APPROVAL OF AN ORDINANCE AMENDING SECTION 800:10, SUBDIVISIONS 7 AND 8 OF TRB MOUND CITY CODE RELATING TO INSUI~ANCE REQUIREMENTS FOR LIQUOR ESTABLISHMENTS The city Manager explained that this is being brought back now that the amendment is in ordinance form from the City Attorney. He has spoken to the City's insurance agent and he does not have a problem with the wording. Jessen moved and Jensen seconded the following: ORDINANCE %33-1989 AN ORDINANCE AMENDING SECTION 800:10, SUBDIVISION8 7 AND 8 OF THE MOUND CITY CODE RELATING TO INS~CE REQUIREMENTS FOR LIQUOR ESTABLISHMENTS The vote was unanimously in favor. Motion carried. TAX FORFEIT PROPERTY RESOLUTIONS The city Clerk explained the background of these four parcels. The first two are PID #19-117-23 33 0170 and #12-117-24 43 0049. Johnson moved and Ahrens seconded the following resolution: RESOLUTION %89-102 RESOLUTION RECONVEYING (IF NECESSARY) CERTAIN TAX FORFEIT L~NDS 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 The vote was unanimously in favor. Motion carried. The third parcel (PID #13-117-24 32 0062) is to be released for public auction with a notation on the poor soils (peat bog). Jessen moved and Jensen seconded the following resolution: 143 September 12, 1989 RESOLUTION %89-103 RESOLUTION RELEASING CERTAIN TAX FORFEIT LANDS TO HENNEPIN COUNTY FOR PUBLIC AUCTION AND CERTIFYING THE SPECIAL ASSESSMENTS The vote was unanimously in favor. Motion carried. The fourth parcel is PID #14-117-24 43 0024 and needs approval for a change in the use of a portion of the property. Ahrens moved and Johnson seconded the following resolution: RESOLUTION #89-104 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 The vote was unanimously in favor. ~ET HEARING DATE Motion carried. Motion made by Ahrens, seconded by Jensen. to set September · or a caD, net. workshop and showroom in th~ B-1 ~entral Business District, located at S448 Shoreline Dr~ve, part of Lot 36, Auditor,s %13 117-24 33 002 . Subd, %170, ID · - 4. The vote . P tlon carried, was unanimously an favor. Mo- ING TO CITY PARTICIPATIO PROGRAM N IN NARCOTICS CONTROL The City Manager explained that this resolution is needed to ac- company the grant request for the State of Minnesota for funding assistance for the task force for 1990. Smith moved and Johnson seconded the following resolution: RESOLUTION #89-105 RESOLUTION RELATING TO CITY PARTICIPA- TION IN NARCOTICS CONTROL PROGRAM The vote was unanimously in favor. Motion carried. ORDINANCE RELATING TO TRESPASSING AND CONGREGATING ON BUSINESS MUNICIPAL PARKING LOTS AND PRIVATE BUSINESS PREMISES The Police Chief explained that this proposed ordinance has been circulated throughout the business district and the business people are in favor. Johnson moved and Ahrens seconded the following: 144 September 12, 1989 ORDINANCE #34-1989 AN ORDINANCE RELATING TO TRESPASSING AND CONGREGATING ON BUSINESS/MUNICIPAL PARK- ING LOTS AND PRIVATE BUSINESS PREMISES The vote was unanimously in favor. Motion carried. APPROVAL OF FINAL PAYMENT REQUEST - 1989 STREET REPAIRS - COUNTY ROAD 110 - $9,952.42 The city Engineer stated that the work is completed and recom- mended approval. MOTION made by Jessen, seconded by Ahrens to approve the final payment request of Aero Asphalt Co., in the ~ount of $9,952.42, for the 1989 street repairs to County Road 110. The vote was unanimously in favor. Motion carried. ADD-ON ITEMS TEMPORARY SIGN PERMIT The city Manager explained the request from Westonka Adult Basic Education/GED. MOTION made by Johnson, seconded by Jensen to allow Westonka Adult Basic Education/GED to place a temporar~ sign, asking for volunteers to teach, on the northwest corner of the Rite-Away Oil Change property at Wilshire and County Road 15. The vote was unanimously in favor. Motion carried. The Council asked that the sign be set back far enough so that it is not in the sight line at the corner. RETAIL COUNCIL REQUEST The city Manager explained that the Mound Retail and Profes- sional Council has asked the City to encourage Spring Park and Orono to decorate County Road 15 to conform with the Christmas decorations Mound has on County Road 15. The Council directed the City Manager to suggest to the Other cities that it would be nice to have conforming decorations and lights along Shoreline Drive. PUBLIC HEARING - CASE ~89-838: HENNEPIN COUNTY & BILL CL~RK OIL, 5501 LYNWOOD BLVD., LOTS 35, 36 & 37, KOEHLER'~ ADDITION TO MOUND, PID ~13-117-24 33 0039t CON- BIDERATION OF A CONDITIONAL USE PERMIT AND PLANNED INDUSTRIAL AREA PERMIT FOR AN INTERIM TRUCK ROUT- ING FACILITY IN THE I-1 INDUSTRIAL ZONING DISTRICT The City Planner explained the request and stated that the Plan- ning Commission recommended approval with the following conditions: 145 Septembe~ 19~, 1989 Hours of operation shall be limited to 7:30 ~ 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) durin~ period· Access to the site shall be via Commerce Boulevard and Lynwood Boulevard only. Ail Trucks utilizing the routing station shall be licensed by the City of Mound. 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 of waste material shall be expressly prohibited. Use of the property by Hennepin County shall be limited to the establishment of operation of a temporary use as an Interim Truck Routing Station. Dave Winter, Hennepin County Public Works Department, was present and agreed with the conditions. The Mayor opened the public hearing. Mayor closed the public hearing. There was no response. The The Council discussed the cost to Hennepin County for this in- terim truck routing station and concluded' that there probably are less expensive alternatives that should 'be investigated. They also discussed some kind a screening for the property to separate it from the business district. MOTION made by Johnson, seconded by Ahrens to approve the concept that the Bill Clark Oil Company site is the ap- propriate location to establish a Planned Industrial Area for the purpose of operating the existing business and es- tablishing a temporary Hennepln County Interim Truck Routing Station. Staff is directed to prepare resolutions estab- lishing the Planning Industrial Area, approving an Opera- tions Permit for the existing Bill Clark Oil Company, ap- proving the Operations Permit for the Hennepln County In- terim Truck Routing Station, and approving the Operations Permit for the existing Waconia Ambulance Service. The resolution for the Hennepin County facility shall incor- porate 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 ap- plication for operations permits and shall comply with the 146 September 12, 1989 Site plan submlttal requirements identified in Section 23.650.4 of the Mound Zoning Code. The vote was unanimously in favor. Motion carried. Councilmember Jensen stated she voted in favor but still feels Hennepin County should look at less expensive alternatives. PUBLIC HEARING: UPGRADING OF CITY HALL FACILITIES, PAT MEISEL, CHAIRPERSON, CITIZENS TASK FORCE ON PUBLIC FACILITIES The Mayor opened the public hearing. Mike Mueller, 5910 Ridgewood Road, stated that he thinks the proposed upgrading is a definite improvement for an in- adequate building. He complimented the Task Force on the well designed and thought out proposal. He further stated that he is not in favor of putting the public works material storage site on the City Hall/Fire Station site. The Mayor closed the public hearing. The Council decided to discuss this item further at the next Com- mittee of the Whole Meeting on September 19, 1989. CASE ~89-856: CHARLES REGENFUSS, 6201 BAYRIDGE ROAD, LOT 4t BLOCK 1, NaLSTEAD ACRES, PID ~23-117-24 33 0015, FRONT YARD SETBACK VARI]tNCE The Building Official explained the request and that the Planning Commission motion to approve the request failed on a 3 - 3 vote. She further explained that the applicant bought the house, which was originally built in 1972, 4 months ago as a 4 bedroom home. The fourth bedroom was constructed without a building permit before he purchased the home and is in the existing garage, thus the request for a variance to build another double car garage. MOTION made by Jessen, seconded by Johnson to concur with the Planning Commission and request the city Attorney to prepare a resolution of denial of the request for a front yard setback variance for Charles Regenfuss, 6201 Bayridge Road, Lot 4, Block 1, Halstead Acres, PID %23--117--24 33 0015, to be brought back at the next meeting for considera- tion. The vote was unanimously in favor. Motion carried. CASE ~89-839: ROY HAGEN, 6224, RED OAK ROADt LOT 4, BLOCK 1, MOUND TERRACE~ PID ~14-117-24 32 0004~ RECOGNIZE AN EXISTING NONCONFORMING STRUCTURE TO ALLOW STRUCTURAL MODIFICATIONS The Building Official explained the request and that the Planning Commission recommended approval. 147 September 12, 1989 The applicant was present and agreed with the proposed resolu- tion. Ahrens moved and Jensen seconded the following resolution: RESOLUTION #89-106 RESOLUTION TO RECOGNI~.E AN EXISTING NON- CONFORMING STRUCTURE TO ALLOW STRUCTURAL MODIFICATIONS FOR LOT 4, BLOCK 1, MOUND TERRACE, PID #14-117-24 32 0004 (6224 RED OAK ROAD), P & Z CASE %89-839 The vote was unanimously in favor. Motion carried. CASE #89-809: JACK COOK, 4452 DENBIGH ROAD, LOT 2, BLOCK 1, AVALON, PID #19-117-23 24 0002, MINOR SUBDIVISION/ VARIANCE The City Manager explained that the applicant Jack Cook is now complying with the requirements in Resolution #87-191, and is removing his deck. He also stated that he has received a letter from Sandra Konnad the owner of the adjacent property that Mr. Cook wanted to purchase and add to his property, stating that she does not want any subdivision of her land approved. MOTION made by Johnson, seconded by Jensen to deny the minor subdivision/variance request of Jack Cook, 4452 Denbigh Road, Lot 2, Block 1, Avalon, PID #19-117-23 24 0002, sub- division was to include part of Lot 3, Block 1, Avalon, PID #19-117-23 24 0003, belonging to Sandra Konnad. The vote was unanimously in favor. Motion carried. REPORT FROM LMCD REPRESENTATIVE, TOM REESE AND DAVID ARNDORFER OF ARNDORFER & ASSOCIATES Mr. Reese elaborated on his report that was in the Council Packet of information. Mr. Arndorfer reviewed what has been done and will be done on the Comprehensive Lake Management Plan. He in- vited the Council to attend a Meeting on November 18th at the Lafayette Club which will explain the technical topics such as lake use, shoreline matters, lake access, etc. REQUEST TO ADDRESS THE CITY COUNCIL ON EURASIAN WATER MILFOIL IF DUTCh ~ - DICK WAGER, C~IRMAN CITIZENS CONCERNED FOR DUTCH Mr. Scott Wright was present and explained that the DNR has now confirmed that there is Eurasian Water Milfoil in Dutch Lake. It is a small amount and needs to be controlled or eliminated as soon as possible. Mr. Wright stated that the DNR is willing to share 50% of the cost for a herbicide treatment. He is therefore asking that the City of Mound and the City of Minnetrista also participate in the cost and suggested 25% from each. The total cost would be $2500 to $3500 for the 2 1/2 to 3 1/2 acres af- fected. 148 September 12, 1989 The Council explained that they do not feel that the entire cost should be paid by government agencies and that the residents should also participate. MOTION made by Johnson, seconded by Jensen to commit to sup- port the citizens of Dutch Lake in their endeavor to eliminate Eurasian Water Milfoil from Dutch Lake and en- courages Minnetrista to do the same. The vote was unanim- ously in favor. Motion carried. COMNRNTS & SUGGESTIONS FROM CITIZENS PRESENT Roxanne Mutterer, 2807 Casco Point Road, Wayzata, MN. spoke to the Council on a new area program Health is Wealth. It will deal with the current trends in health and how to capitalize on them. She encouraged the Council to be involved. She also asked for a volunteer from the Council to see about establishing bike and walking paths. Councilmembers Jensen and Johnson volunteered to work with her on this. DISCUSSION: RECONSIDERATION OF CLOSING PEMBROKE PARK ACCESS TO WINTER MOTORIZED VEHICLE TRAFFIC The Mayor stated a petition with 421 names has been submitted op- posing closing this access to the lake during the winter. Councilmember Jessen stated.that she has spoken with the members of the Park Commission and had almost unanimous support for a compromise on this item. The compromise would be to erect a bar- rier of some kind along the edge of the park so that vehicles would be restricted to the roadway only to enter and exit the lake. The access would be open only during the winter months. She also suggested signage to alert people that no motorized vehicles are allowed in the park and people cannot leave their fish houses in the park when they are pulled from the lake. MOTION made by Jessen, seconded by Johnson to continue to allow motorized vehicle access to Lake Minnetonka on unimproved ~berdeen Road adjacent to Pembroke Park during the winter months; install some kind of barrier to restrict the traffic to the roadway portion; and install signage stating the penalty for motorized vehicles in the park area and storage of items in the park area. The vote was unanim- ously in favor. Motion carried. DISCUSSION: PARK COMMISSION RESOLUTION REGARDING THE DESIGNA- TION OF ALL PUBLIC WETLANDS AS CITY OF MOUND PARK LANDS The City Manager explained that the Park Commission has prepared a resolution requesting that the City Council designate all public wetlands as Mound park land. The city Attorney stated that if this request is granted it could create come problems for the City in the future in that it limits the flexibility of the 149 §ep%em]0er 12, 1989 city 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. The Council discussed the fact that there is a Wetlands Ordinance in place which covers some of the concerns of the Park Comm~s- sion. MOTION made by Jessen, seconded by Johnson to concur with the City Attorney,s advice in his letter of August 22, 1989, NOT to designate all public wetlands as park land. The vote was unanimously in favor. Motion carried. BID AWARD: DENBIGH ROAD IMPROVEMENT PROJECT The City Engineer stated that there were three bids received, but one from Alber Construction was received after the official bid opening so it was not considered. The two bids received were as follows: D.M.J. Corporation Widmer, Inc. $35,650.60 $27,744.00 The Engineer's estimate was $28,346.00. He recommended approval of the bid from Widmer, subject to all the easements needed being obtained. Johnson moved and Jensen seconded the following resolution: RESOLUTION #89-107 RESOLUTION TO APPROVE THE BID OF WIDMER, INC. IN THE AMOUNT OF $27,744.00 FOR THE 1989 STREET IMPROVEMENT PROJECT OF DEN- BIGH ROAD SUBJECT TO ALL EASEMENTS BEING · OBTAINED FOR THIS PROJECT The vote was unanimously in favor. Motion carried. The City Engineer further stated that one of the easements needed is from Oswin Pflug and he has agreed to grant this for $790.00. He recommended approval. MOTION made by Johnson, seconded by Ahrens to approve pay- ment of $790.00 to Oswin Pflug for an easement across his property for the improvement of Denbigh Road. The vote was unanlmously in favor. Motion carried. PAYMENT OF BILLS MOTION made by Jessen, seconded by Johnson to authorize the payment of bills as presented on the pre-llst in the amount of $156,713.87, when funds are available. A roll call vote was unanlmously in favor. Motion carried. 150 September 12, 1989 INFORMATION/MISCELLANEOUS: ae Letter dated September 5, 1989, from Fred Guttormson, repre- senting Desperado's, Inc., on removal from September 12, 1989, Agenda. B. Department Head Monthly Reports for August. C. LMCD Representative Monthly Report for August. D. LMCD mailings. E® Ge Planning Commission Minutes - August 28, 1989 Meeting. Meeting notice from Hennepin Parks on aquatic weeds. Semi- nar 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. 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. He REMINDER: Committee of the Whole Meeting, Tuesday, Septem- ber 19, 1989, at 7:30 P.M. Councilmember Johnson stated that he thought there was a restric- tion on Avalon Park that stated is is only a swimming beach and does not allow boat dockage. The staff will research. MOTION made by Ahrens, seconded by Jensen to adjourn at 11.05 P.M. The vote was unanimously in favor. Motion carried. Edward J. Shukle, Jr., City Manager Fran Clark, CMC, City Clerk Members present: Mayor Smith, Councilmembers Jensen, Johnson, Ahrens.. Absent: Councilmember Jessen. Also present: City Manager, Ed Shukle; City Engineer, John Cameron; Water and Sewer Superintendent, Greg Skinner; Street Superintendent, Geno Hoff. The Citizens Task Force on Public Facilities was present: Pat Meisel, Bill Thal, Bob Tomalka, Bob Morgan. Others present: Parker Hodges, Sailor Newspaper; Mike Mueller and Paul Pond. The landscaping of Lost Lake in relationship to Public Works Outdoor Storage was reviewed by the City Manager. Discussion focused on that particular option and whether or not it should be pursued. Several of the members indicated that they still wanted to see the materials removed from Lost Lake so that the site could be developed for some type of use. Also dicsussed with regard to the landscaping plan were the dollars involved on that particular option as well as a variety of the other options that had been reviewed. After considerable discussion, it was determined that the item be shelved for another Committee of the Whole meeting. Pat Meisel, Chair of the Citizens Task Force on Public Facilites, requested that the Council discuss the proposal to upgrade the City Hall facilities that had been recommended to the Council by the Citizens Task Force. Meisel specifically asked for some discussion and direction as to how the Council was going to proceed. The disucssion focused on the city hall proposal and then was discussed in relationship to resolving the Lost Lake storage problem. After considerable discussion with regard to both of these items, the consensus was to have the City Manager prepare a resolution that could be considered at the September 26th meeting. Essentially, the resolution would direct the city .engineer to prepare plans and specifications for the upgrading of city hall per the Citizens Task Force recommendation and plans and specifications for storage of outdoor materials on the property surrounding city hall, i.e., east of city hall, west of city hall and improvement of Maywood Road. The City Manager then skimmed through the rest of the agenda indicating that. several of these could be continued until the next C.O.W. meeting. However, he recommended discussing the item dealing with the process to appoint persons to advisory commission openings. The City Manager indicated that two persons had recently resigned from advisory commissions. He wanted to get specific direction on how these vacancies should be filled. He recommended that a policy be established with regard to filling vacancies on commissions. The consensus was to have the City Manager draft a proposed policy for the Council to consider at a future Council meeting. Discussion was also held on the openings on the Planning Commission and Economic Development Commission that had recently occurred. The consensus was to allow the vacancy on the Planning Commission to expire at the end of the year and to proceed to fill the vacancy that is on the Economic Development Commission as soon as possible. MINUTES COMMITTEE OF THE WHOLE SEPTEMBER 19, 1989 PAGE 2 It was the consensus of the Council to advertise the Economic Development Co~unission opening immediately and also to contact other persons that had applied for the commission when it was established to see if they are still interested. The policy that is to be developed in a draft form by the City Manager should include the issue of advertising all vacancy openings whether they be dealing with reappointments or new appointments or completing unexpired terms.- Also discussed was the idea of exploring a recall provision where the Council, should they desire, could remove someone from a commission. It was the consensus to have the Park Commission ordinance amended so that the language dealing with length of membership be deleted. Upon motion by Johnson, seconded by Ahrens, and carried unanimously, the meeting was adjourned at 9:43 PM. ctful~itted, City Manager ES: Is 22 2320 362 22 2350 333 22 238O 664 22 2382 211 22 2382 393 22 2382 601 22 2470 031 22 2560 063 22 2594 062 22 2598 691 22 2598 721 22 2620 091 22 2740 O32 22 2800 301 22 2830 482 22 2860 571 22 2980 362 22 3070 153 22 3100 182 22 3100 331 22 3100 754 22 3102 751 22 3220 122 22 3320 181 22 3430 633 22 3460 063 22 3730 092 22 3730 151 22 3820 ~83 22 3850 031 22 3880 241 22 3880 692 22 3880 752 Delinquent Water and Sewer $125.54 117.34 87.36 88.66 114.36 156.00 93.98 217.59 173.27 67.O6 118.94 138.02 224.37 85.16 74.16 76.36 133.13 142.04 84.36 125.83 167.02 96.54 61142 134.70 86.63 95.10 170.34 111.59 109.23 143.90 108.96 83.91 78.56 $3891.43 September 26, 1989 RESOLUTION NO. 89- / RESOLUTION ADOPTING 1989 CBD PARKING MAINTENANCE ASSESSMENT ROLL IN THE AMOUNT OF $22,?40.69 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY %11544 WHEREAS, ~ursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all.objections to the proposed assessment for the following im- provements, to-wit: 1989 CBD PARKING MAINTENANCE FROM JULY 1, 1988 TO JUNE 30, 1989 NOW, THEREFOREv BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND= Such proposed special assessment, copies of which are attached hereto and made a part hereof, are hereby ac- cepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed improVement in the amount of the assessment levied against it. Such assessments shall be payable in equal annual in- stallments as follows: LEVY ~ 11544 3. INT. IMPROVEMENT RATE .YEARS 1989 CBD PARKING MAINTENANCE 8% 1 The owner of any property so assessed may, at any time on or before October 30, 1989, following the date of assessments, pay the whole of the assessment against any parcel, to the City of Mound without interest; and he may until November 15, following the assessment date, pay the whole of the assessment to the City of Mound with interest accrued to the 31st of December following the date of the assessment. After November 15, following the date of the assess- ment, the first year's installment shall be added to the taxes for thD year's tax list and collected as taxes with interest accruing from the date of the assessment through December 31 of the following year. September 26, 1989 RESOLUTION NO. 89- RESOLUTION ADOPTING L989 CBD PARKING MAINTENANCE ASSESSMENT ROLL IN THE AMOUNT OF $21,223.38 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY #11544 WHEREAS, ~ursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following im- provements, to-wit: 1989 CBD PARKING MAINTENANCE FROM JULY 1, 1988 TO JUNE 30, 1989 and has amended such proposed assessment as it deems just. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND: Such proposed special assessment as amended, copies of which are attached hereto and made a part hereof, are hereby accepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. Such assessments shall be payable in equal annual in- stallments as follows: LEVY INT. IMPROVEMENT RATE. YEARS 11544 1989 CBD PARKING MAINTENANCE 8% 1 The owner of any property so assessed may, at any time on or before October 30, 1989, following the date of assessments, pay the whole of the assessment against any parcel, to the City of Mound without interest; and he may until November 15, following the assessment date, pay the whole of the assessment to the City of Mound with interest accrued to the 31st of December following the date of the assessment. After November 15, following the date of the assess- ment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing from the date of the assessment through December 31 of the following year. September 26, 1989 The Clerk shall forthwith transmit a certified dupli- cate of this assessment to the County Auditor to be ex- tended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. me CITY OF MOUND CENTRAL BUSINESS DISTRICT (CBD) ASSESSMENT JULY 1, 1988 - JUNE 30, 1989 RAILROAD LEASE (66.7% of Lease with Dakota Rail) SNOW PLOWING & RkMOVAL PARKING LOT LEASES $ 4,904.00 12,965.00 7,489.00 $ 25,802.80 TOTAL TO BE ASSESSED In addition to the above, you are hereby given notice of the fol- lowing information pursuant to Minnesota Statute: 1. The amount to ~e specially assessed against the particular parcel of land below is $ .. Legal Description of Property: So 'The owner of the property specially assessed has the right to prepay the entire assessment and the person to whom the prepayment must be made is the City Treasurer of the City of Mound. Partial prepayment of the assessment has not been authorized by ordinance. The owner of any property so assessed may, within thirty (30) days after adoption of the assessment, pay the whole of the assessment against any parcel to the City of Mound without interest. If payment is made after thirty (30) days, but prior to November 15, 1989, interest will be charged to December 31, 1989. After November 15, following the date of assessment, the first year's installment shall be added to the taxes for the first year's tax list and col- lected as taxes with interest accruing from the date of the assessment through December 31 of the following year and all payments thereafter shall be in accordance with the provi- sions of M.S. 429.061, Subd. 3. The rate of interest to be accrued if the assessment is not prepaid within the required time period is eight per cent (8%). Francene C. Clark, CMC, City Clerk 0 0 0 0 0 0 0 CITY of MOUND 53~1 M'~YWOOD ROAD MOUND. ~;iNNESOTA 55364 (6~2~ 472-1155 September 13, 1989 Conco, Inc. 3110 Priest Lane Mound, MN 55364 Dear Mr. Johnson, Enclosed is a revision to the CBD assessment on PID# 13-117-24.33 0064. In previous years you were given credit for parking which included the parking lot you leased from Dakota Rail extending to the portion the City leased. You purchased the building and a portion of the parking lot from Dakota Rail. You no longer are leasing the remaining parking area extending to the City's leased land (12,960 square feet). Therefore, you should not receive credit for land leased to the City under the CBD formula for the parking lot you no longer lease. At 12C/square foot this reduces the credit from $2,176.80 to $621.60. I have enclosed an amended CBD assessment roll to be presented to the City Council on September 26, 1989, If you have any questions, please call. Sincerely, John L. Norman Finance Director JLN:ds Enclosure (1) ~n the admrss~on or ac:ess September 26, 1989 The Clerk shall forthwith transmit a certified dupli- cate of this assessment to the County Auditor to be ex- tended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. N Il& NNNNNNNNNNNNNNNNNNNNNNNNNNNNNN September 26, 1989 RESOLUTION NO. 89- RESOLUTION ADOPTING UNPAID TREE REMOVAL ASSESSMENT ROLL IN THE AMOUNT OF $975.00 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY %11545 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following im- provements, to-wit: UNPAID TREE REMOVAL CHARGES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND: Such proposed special assessment, copies of which are attached hereto and made a part hereof, are hereby ac- cepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. PID ~ Such assessments shall be payable in equal annual in- stallments as follows: INT. IMPROVEMENT AMOUNT YEARS RATE LEVY 23-117-24 31 0055 TREE REMOVAL CHARGES $325.00 5 8% 11545 24-117-24 43 0015 TREE REMOVAL CHARGES $650.00 5 8% 11545 The first of the installments to be payable on or before the first Monday in January, 1990, and shall bear interest at the rate of 8 per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution un- til December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. September 26, 1989 The owner of any property so assessed may, at any time on or before October 30, 1989, following the date of assessments, pay the whole of the assessment against any parcel, to the City of Mound without interest; and he may until November 15, following the assessment date, pay the whole of the assessment to the City of Mound with interest accrued to the 31st of December following the date of the assessment. After November 15, following the date of the assess- ment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing from the date of the assessment through December 31 of the following year. The Clerk shall forthwith transmit a certified dupli- cate of this assessment to the County Auditor to be ex- tended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 26, 1989 RESOLUTION NO. 89- RESOLUTION ADOPTING DELINQUENT WATER & SEWER ASSESSMENT ROLL IN THE AMOUNT OF $10,343.52 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY #11546 WHEREAS, ~ursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following im- provements, to-wit: DELINQUENT WATER AND SEWER NOW, THEREFOREv BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND: Such proposed special assessment, copies of which are attached hereto and made a part hereof, are hereby ac- cepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. ® PID ~ Such assessments shall be payable in equal annual in- stallments as follows: INT. IMPROVEMENT AMOUNT YEARS .RATE LEVY 12-117-24 43 0064 13-117-24 32 0095 13-117-24 32 0164 13-117-24 42 0013 13-117-24 43 0049 13-117-24 43 0072 18-117-23 23 0020 19-117-23 31 0006 19-117-23 31 0023 19-117-23 32 0126 19-117-23 34 0036 23-117-24 13 0056 23-117-24 23 0031 23-117-24 31 0095 23-117-24 31 0069 23-117-24 42 0002 23-117-24 42 0006 23-117-24 42 0037 24-117-24 11 0012 24-117-24 41 0102 Del. Wat. & Sew. 69.83 Del. Wat. & Sew. 358.41 Del. Wat. & Sew. 376.95 Del. Wat. & Sew. 185.74 Del. Wat. & Sew. 5,834.07 Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. 347.27 103.54 135.87 369.97 298.24 191.13 219.88 299.41 55.51 271.49 323.19 307.09 261.35 133.12 134.48 1 8% 11546 1 8% 11546 1 8% 11546 1 8% 11546 1 8% 11546 1 8% 11546 1 8% 11546 1 8% 11546 1 8% 11546 1 8% 11546 1 8% 11546 1 8% 11546 1 8% 11546 1 8% 11546 1 8% 11546 1 8% 11546 1 8% 11546 1 8% 11546 1 8% 11546 1 8% 11546 1 September 26, 1989 25-117-24 11 0137 25-117-24 12 0113 25-117-24 21 0065 25-117-24 21 0090 Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. Del. Wat. & Sew. 210.13 1 8% 11546 118.24 1 8% 11546 151.82 1 8% 11546 111.00 1 8% 11546 The owner of any property so assessed may, at any time on or before October 30, 1989, following the date of assessments, pay the whole of the assessment against any parcel, to the City of Mound without interest; and he may until November 15, following the assessment date, pay the whole of the assessment to the City of Mound with interest accrued to the 31st of December following the date of the assessment. After November 15, following the date of the assess- ment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing from the date of the assessment through December 31 of the following year. The Clerk shall forthwith transmit a certified dupli- cate of this assessment to the County Auditor to be ex- tended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 26, 1989 RESOLUTION NO. 89- RESOLUTION ADOPTING UNPAIDCLEAN-UP ASSESSMENT ROLL IN THE AMOUNT OF $1,072.00 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY %11547 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following im- provements, to-wit: UNPAID MOWING CHARGES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND: Such proposed special assessment, copies of which are attached hereto and made a part hereof, are hereby ac- cepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. PID ~ Such assessments shall be payable in equal annual in- stallments as follows: INT. IMPROVEMENT AMOUNT YEARS RATE LEVY 24-117-24 41 0104 UNPAID CLEAN-UP CHARGES $722.00 1 8% 11547 25-117-24 21 0134 UNPAID CLEAN-UP CHARGES $350.00 i 8% 11547 The owner of any property so assessed may, at any time on or before October 30, 1989, following the date of assessments, pay the whole of the assessment against any parcel, to the City of Mound without interest; and he may until November 15, following the assessment date, pay the whole of the assessment to the City of Mound with interest accrued to the 31st of December following the date of the assessment. After November 15, following the date of the assess- ment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing from the date of the assessment through December 31 of the following year. 3o September 26, 1989 The Clerk shall forthwith transmit a certified dupli- cate of this assessment to the County Auditor to be ex- tended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 26, 1989 RESOLUTION NO. 89- RESOLUTION ADOPTING UNPAID MOWING ASSESSMENT ROLL IN THE ~MOUNT OF $340.00 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY %11548 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following im- provements, to-wit: UNPAID MOWING CHARGES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND: Such proposed special assessment, copies of which are attached hereto and made a part hereof, are hereby ac- cepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. PID ~ Such assessments shall be payable in equal annual in- stallments as follows: INT. IMPROVEMENT AMOUNT YEARS R~TE LEVY 19-117-23 31 0006 UNPAID MOWING CHARGES $ 60.00 1 8% 11548 23-117-24 42 0093 UNPAID MOWING CHARGES $ 80.00 1 8% 11548 24-117-24 13 0009 UNPAID MOWING CHARGES $200.00 1 8% 11548 The owner of any property so assessed may, at any time on or before October 30, 1989, following the date of assessments, pay the whole of the assessment against any parcel, to the City of Mound without interest; and he may until November 15, following the assessment date, pay the whole of the assessment to the City of Mound with interest accrued to the 31st of December following the date of the assessment. September 26, 1989 After November 15, following the date of the assess- ment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing from the date of the assessment through December 31 of the following year. The Clerk shall forthwith transmit a certified dupli- cate of this assessment to the County Auditor to be ex- tended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 26, 1989 RESOLUTION NO. 89- RESOLUTION ADOPTING UNPAID REMOVAL OF HAZARDOUS BUILDING CHARGES ASSESSMENT ROLL IN THE AMOUNT OF $7,515.16 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY %11549 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following im- provements, to-wit: UNPAID REMOVAL OF HAZARDOUS BUILDING CHARGES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND: Such proposed special assessment, copies of which are attached hereto and made a part hereof, are hereby ac- cepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. PID ~ Such assessments shall be payable in equal annual in- stallments as follows: INT. IMPROVEMENT AMOUNT YEARS RATE LEVY 13-117-24 12 0013 REMOVAL OF HAZARDOUS BLDG. CHARGES $7,515.16 10 8% 11549 The first of the installments to be payable on or before the first Monday in January, 1990, and shall bear interest at the rate of 8 per cent per annum from the date of the adoption of this assessment resolution. To the first installment shall be added interest on the entire assessment from the date of this resolution un- til December 31, 1989. To each subsequent installment when due shall be added interest for one year on all unpaid installments. The owner of any property so assessed may, at any time on or before October 30, 1989, following the date of assessments, pay the whole of the assessment against any parcel, to the City of Mound without interest; and he may until November 15, following the assessment date, pay the whole of the assessment to the City of 1 September 26, 1989 Mound with interest accrued to the 31st of December following the date of the assessment. After November 15, following the date of the assess- ment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing from the date of the assessment through December 31 of the following year. The Clerk shall forthwith transmit a certified dupli- cate of this assessment to the County Auditor to be ex- tended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 26, 1989 RESOLUTION NO..9- SERVICES BEFORE REMOVAL OF HAZARDOUS BUI__LDI~ CHARGES ASSESSMENT ROLL IN THE AMOUNT OF $~TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY %11550 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following im- provements, to-wit: UNPAID CONSULTATION SERVICES BEFORE REMOVAL OF HAZARDOUS BUILDING CHARGES NOWt THEREFOREt BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND: Such proposed special assessment, copies of which are attached hereto and made a part hereof, are hereby ac- cepted and shall constitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. PID ~ Such assessments shall be payable in equal annual in- stallments as follows: INT. IMPROVEMENT AMOUNT YEARS RATE LEVY 13-117-24 44 0071 UNPAID CONSULTATION BEFORE REMOVAL OF HAZARDOUS BLDG. CHARGES $371.25 1 8% 11550 The owDer of any property so assessed may, at any time on or before October 30, 1989, following the date of assessments, pay the whole of the assessment against any parcel, to the City of Mound without interest; and he may until November 15, following the assessment date, pay the whole of the assessment to the City of Mound with interest accrued to the 31st of December following the date of the assessment. After November 15, following the date of the assess- ment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing from the date of the 3o'.11 September 26, 1989 assessment through December 31 of the following year. The Clerk shall forthwith transmit a certified dupli- cate of this assessment to the County Auditor to be ex- tended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. September 26, 1989 RESOLUTION NO. 89- RESOLUTION ADOPTING UNPAID REMOVAL OF DECK ON COMMONS CHARGES ASSESSMENT ROLL IN THE AMOUNT OF $227.50 TO BE CERTIFIED TO THE COUNTY AUDITOR AT 8% INTEREST LEVY ~11583 WHEREAS, pursuant to proper notice duly given as required by law, the Council has met and heard and passed upon all objections to the proposed assessment for the following im- provements, to-wit: UNPAID REMOVAL OF DECK ON COMMONS CHARGES NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND: Such proposed special assessment, copies of which are attached hereto and made a part hereof, are hereby ac- cepted and shall 6onstitute the special assessment against the lands named herein, and each tract of land therein included is hereby found to be benefited by the proposed improvement in the amount of the assessment levied against it. 0 PID ~ Such assessments shall be payable in equal annual in- stallments as follows: INT. IMPROVEMENT AMOUNT YEARS RATE LEVY 30-117-23 22 0082 UNPAID REMOVAL OF DECK ON COMMONS CHARGES $227.50 1 8% 11583 The owner of any property so assessed may, at any time on or before October 30, 1989, following the date of' assessments, pay the whole of the assessment against any parcel, to the City of Mound without interest; and he may until November 15, following the assessment date, pay the whole of the assessment to the City of Mound with interest accrued to the 31st of December following the date of the assessment. After November 15, following the date of the assess- ment, the first year's installment shall be added to the taxes for the year's tax list and collected as taxes with interest accruing from the date of the assessment through December 31 of the following year. September 26, 1989 The Clerk shall forthwith transmit a certified dupli- cate of this assessment to the County Auditor to be ex- tended on the proper tax lists for the County, and such assessments shall be collected and paid over in the same manner as other municipal taxes. Proposed Resolution Case No. 89-843 RESOLUTION NO. 89- RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR ESTABLISHMENT AND OPERATION OF A CABINET SHOP LOCATED AT 5448 SHORELINE BOULEVARD, PI.D ~13-117-24 33 0024 WHEREAS, the City Council on September 26, 1989 held a public hearing pursuant to Section 23.505 of the Mound Code of Ordinances, to consider the issuance of a conditional use permit for the operation of a cabinet shop at 5448 Shoreline Boulevard; and WHEREAS, the subject property is within the B-l, Central Business Zone which allows "wholesale and assembly operations" by conditional use permit; and WHEREAS, adequate parking exists around the existing building to satisfy existing and future parking needs; and WHEREAS, the Planning Commission has reviewed the request and does recommend approval finding that the request is consistent with Section 23.505 of the Mound Code of Ordinances; and WHEREAS, all persons wishing to be heard were heard. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound, Minnesota, does hereby approve the conditional use permit for the establishment and operation of a cabinet shop at 5448 Shoreline Boulevard upon the conditions that: The proposed use shall comply with all state and local building .and fire codes pertaining to storage of materials and production of wooden products. The conditional use permit is granted specifically for a cabinet shop and show room. All goods sold on the premises shall be produced or assembled on-site. Parking spaces shall be delineated with painted lines consistent with the site plan layout and dimensions. 4. All signage shall comply with the Mound Zoning Code. Exterior storage is expressly prohibited. All trash shall be kept in appropriate containers that are fully screened with an opaque enclosure. MINUTES OF A MEETING OF THE HOUND ADVISORY PLANNING COMMISSION September Ir, 1989 Case No. 89-843: Walter Guthrfe, 5448' Shorel (ne Blvd. ~ Auditor's SubdivisilOn #170, Part of tot 36, PID #13-117-243- 33 0024. CONOITIONAL USE PERMIT (PUBLIC HEARING). Bertrand reviewed the City Planners report. The applicant is seeking approval of a conditional use permit to establish a cabinet workshop and show room In the old Smith Heating building. The operation wi11 Involve the assembly of custom woc~en cabinets and an associated show room. "Wholesale and assembly operations" are listed as conditional uses in the B-! zone. Staff recommended approval of the conditional use permit .For operation of a cabinet workshop and show room located at 5448 Shoreline Boulevard subject to the Following conditions: The proposed use ts consistent with the Criteria For Grant- lng Conditional Use permits identified In Section 23.505.l qf the Hound Zoning Code. The proposed use shall comply with all state and local building and Fire codes pertaining to storage of materials and production of wooden products. 3. The conditional use permit Is granted speclFlcally For a cabinet ~hop and show room. AIl goods sold on the premises shall be produced on-site. 4. Parking spaces shall be delineated with painted ltnes con- sistent with he site plan layout and dimensions. 5. All signage shall comply with the Mound Zoning Code. The Commission raised a concern with Item 3 in the staff recom- mendation... They Felt the requirement that ". . . all goods sold shall be 'produced on-site' . . ." was too restrictive. What IF someone wanted to buy a hinge or a'knob? They determined that IF the word "assembled" was added to the recommendation the condi- tion would be ,less restrictive. The Commlgsfon discussed possible problems with delivery trucks and traffic flow. The applicant stated that the workshop would be receiving deliveries approximately once per week. Motion made. by Smith, seconded by Jansen, to approve staff recommendation Including the change made to condi- tion item 3, to read as Follows: "The conditional use permit Is granted specifically For a cabinet shop and show room. All goods sold on the premises shall be produced 'and/or assembled on-site." Motion carried un- animously. PLANNING REPORT TO: Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: September 5, 1989 SUBJECT: Conditional Use Permit APPLICANT: Walter J. Guthrie CASE NUMBER: 89-843 VNS FILE NUMBER: 89-310-A26-ZO LOCATION: 5448 Shoreline Boulevard EXISTING ZONING: Central Business (B-l) COMPREHENSIVE PLAN: Commercial BACKGROUND: The applicant is seeking approval of a conditional use permit to establish a cabinet workshop and showroom in the old Smith Heating building. The operation will involve the assembly of custom wooden cabinets and an associated showroom. "Wholesale and assembly operations" are listed as conditional uses in the B- I zone. In 1984, the City of Mound reviewed a similar request for a cabinet shop in the House of Moy building. That operation was approved and has been operating since that time. To date, the city has no records of any complaints about the cabinet shop business. The proposed operation will be similar to the one approved in 1984 with the exception that it will feature a showroom area. According to the plans, the site contains two buildings on t~e eastern and central portions of the property. The central building which is approximately 1,000 square feet will serve as the showroom and the eastern building totalling 1,800 square feet in area will contain the workshop area. The business will produce custom wood cabinetry and customer traffic is expected to be minimal. The site plan identifies 9 parking spaces serving the proposed use. The Mound Zoning Code does not identify parking standards specifically for cabinet shops. Presumably, the standards for either commercial offices or industrial operations could be utilized. Nine spaces should be adequate to handle the on-site 3030 Harbor Lane North Bldg.ll, Suite 104 Minneapolis, MN. 55447-2175 612/553-1950 Guthrie Cond~itional Use Permit September 5, 1989 Page 2 parking requirements for the proposed use. The site plan identifies a portion of the spaces as being 9'X18' in size. These spaces are existing and were approved as part of the site plan when the building was constructed. In order for a conditional use permit to be approved, it must satisfy the requirements listed in Section 23.505.1 of the Mound Zoning Code. In essence, the requirements state that a proposed use must be compatible with it's surroundings and must not be injurious to adjacent properties. A wood working shop/showroom is not appropriate in all locations in downtown Mound. On this site, however, the use seems appropriate due to the location on Shoreline Boulevard and the limited size of the site. This property could not serve effectively as a retail use due to the lack of parking. Retail uses require i parking space per 150 square feet of floor area compared to I per 400 for offices and one per employee for industrial uses. Total retail use of the existing buildings would generate the need for 19 parking spaces. RECOMMENDATION: Staff recommends that the Planning Commission approve the conditional use permit for operation of a cabinet workshop and showroom located at 5448 Shoreline Boulevard subject to the following conditions: The proposed use is consistent with the Criteria for Granting Conditional Use Permits identified in Section 23.505.1 of the Mound Zoning Code. The proposed use shall comply with all state and local building and fire codes pertaining to storage of materials and production of wooden products. The conditional use permit is granted specifically for a cabinet shop and showroom. All goods sold on the premises shall be produced on-site. .4. Parking spaces shall be delineated with painted lines consistent with the site plan layout and dimensions. All signage shall comply with the Mound Sign Code. CITY of MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364 (6121 472-1155 CItY OF HOUND HOUND, HINNESOTA CASE NO. 89-843 INFORMAL NOTICE TO ~ONSIDER A CONDITIONAL USE PERMIT FOR A CABINET WORKSHOP AND SHOW ROOM 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 Planning and Zoning Commission oF the City oF Mound, Minnesota, will meet in the Council Cham- ' bets, 5341 Maywood Road, at 7:30 p.m. on Monday, September Il, 1989 to consider the issuance oF a Conditional Use Permit For a cabinet workshop and show room in the B-I Central Business Dis- trict located at 5448 Shoreline Blvd., legally described as: Auditor's Subdivision #170, West 242-5/8 feet of Lot 36, PID #t3-117-24-33 0024. All persons appearing at said hearing with reference to the above will be heard at this meeting. Francene C. Clark, City-Clerk 30q~ai l ed to ~NWOOD ~ -' .... . .... .~'",¥~\'¢~,~ _- (~,'~ !,!~ ~_..,- . ' 8 28 8-~ O ~h property owners within 350 on - - ~ ' ~ OF HCJUND PART III Date Filed 8-24-89 Fee $200.O0 CONDITIONAL USE PERMIT APPLICATION PLANNING & ZONING COMMISSION (Please type or print the Following information.) Address of Subject Property. 5448 Shoreline Blvd. Addition A~. ~. IqO PID No. Block 13-117-24 33 0024 Owner's Name Michael F & Roberta L Smith Day Phone '472-1920 Owner's Address 525 Park Lane, Lonq Lake, MN 55356 Applicant's Name (IF other ~han owner) Walter J. Gu~hrie Address 2187 Cedar Lane, Mound, MN 55364 Day Phone 472-6244 James smith isting Use oF.Property: Accountant's Office'/ Mound Electricial Zoning District 6-~ ~rr%c~l .~5'ia¢5~ Has an application ever been made For zoning, variance, conditional use permit, or other zoning procedure for this property? . yes /~'~-). IF yes, list date(s) oF application, action taken, and provide resolu~n number(s) (Copies oF previous resolutions must accompany this application.) I certify that al 1 of the above statements and the statements contained tn 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. App ! i cant ' s S f gnatur /~. Date 8- 2 3 - 8 9 IIIIIIIIIII!!!1111111111111111/~'111111111111111111111111111111111111111111 FOR OFFICE USE ONLY: Planning Commission Recommendation Date 1 Action: Resolution No. cc: Mark K0egler 8-24-89 Date CONDITIONAL USE PERMIT APPLICATION Page Two Case No. All information requested below, a site plan as described in Part II, and a development schedule providing reasonable guarantees for the completion of the construction mUSt be provided before a hearing will be scheduled. Type of development for which a Conditional Use Permit is requested: 1. Conditional Use (s~ecify): Cabinet Workshop & Showroom Current Zoning and Designation in the future Land Use Plan for Mound: ~_-- I De Development Schedule: 1. A development schedule shall be attached to this application providing reasonable guarantees for.the completion of the pro- posed development. Z. Estimated cost of the project: $ Density (for resfdenttal developments only): Number of structures: Dwelling units per structure: a. number per unit type: efficiency, 2 bedroom Lot area per dwelling unit: Total lot area: ] bedroom 3 bedroom Effects of the Proposed Use: ' List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noi~e, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts. , DoSD OF LOT BLVD.~ , 9 ,352O 3510 6Z4.~ 19 See Counfy Surveyor't file for oddifionol info on I.of Z5 'zo ..... 5-- SHI, C MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION September I1, 1989 Case No. 89-833: John Mtnahan, 4313 Wilshfre Blvd., Part o~ Lot A, the 1st Rearr. of Phelps island Park First Division, PlO #19-117-23-13 0011. Fence Height Variance and Noncon- Forming Fences at 4309~ 4313, 4317 & 4327 Wtlshlre Blvd. The Building Inspector reviewed the appifcant's request for a fence height variance. She explained that on August 14, rgB9 the applicant appeared before the Planning Commission and was granted a setback variance, and at that time was given the opportunity to return with a request for a fence height variance for an existing nonconforming fence he wtshes to replace at the same height of 6 feet. The allowable height at the street side of his home along the front property .line is 4 feet. Per Weiland's request at the August 14th meeting, Bertrand has Investigated the other fences in that area which also appear to be nonconforming. The results are as Follows: 4309 Wtlshfre Blvd.: existing, nonconforming 60 Inch high Fence. with no building permit on File. 4313 Wilshire Blvd.: existing, nonconforming 6 Foot high Fence with no building permit on File. Fence height variance being requested to replace existing Fence. 4317 Wllshire Blvd.: existing 58 inch high horizontal basket weave Fence in front yard with no permit on file. 1983 survey Indicates a wire Fence at both the Nely and Sely lot lines. 4327 Wtlshtre Blvd: extstipg, nonconforming, dilapidated 6~ foot high stockade fence at the south/side property line about 18 feet back from the Front property line and at the north/side property line about 4 feet from the front property line. A fence permit is on file, however permit indicates fence to be setback 20 feet from the front property line. Staff recommended that ~ notice be sent to each of these owners indicating what the City records show, and the requirement that any modifications to these Fences, or replacement would require conforming installation of the present fence ordinance at a 48" maximum height in the required Z0 foot front yard setback, and 36" maximum height at the lakeside average building setback line. The commission discussed reasons why these properties are dif- ferent and should De allowed higher Fences in the front yard. How much difference does 2 feet make? The applicants reasons for having a 6 foot high Fence verses a 4 foot were reviewed. If the varfa66e is approved, where would the itne be drawn for future requests for fence height along busy roads? MOTION made by Smith, seconded by Thai to deny the fence hetght variance request~ and direct staff to enforce the fence height limitations at the other three properties. Motion carried unanimously. ,.,~,, ~o ~o=rH h"v the Cttv Council on September 26, CITY MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364 (612) 472-1155 September 21, 1989 Jerry & Nancy Parten 4317 Wilshire Blvd. Mound, MN 55364 Dear Mr. & Hrs. Parten: During a recent review of a variance requested by an adjoining neighbor, it has come to the attention of the Building Inspection Department that you have a fence on your property which is in violation of City Code Section 23.415. I have enclosed a copy DE the ordinance for your convenience. Our City records show no permit issued for this fence installa- tion which ts required by City Code. The current fence on your property must be reduced to a maximum height of 4B inches in the required 20 foot front yard setback within thirty (30) days. If you have any questions regarding this compliance notice, please contact the Building Inspection Department within ten (10) days. I thank you for your prompt attention to this matter. Yours truly, fdan Bertrand ' Building Official JB:pJ Enclosure. 89/163 CITY'()f MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364 (612) 472-1155 September Zl, 1989 Gale Relger 4327 Wilshtre Blvd. Mound, MN 55364 Dear Ms. Refger~ During a recent review of a variance requested by an adjoining neighbor, it has come to the attention of the butlding Inspection Department that you have a fence on your property which is in violation of City Code Section 23.415. I have enclosed a copy of the ordinance For your convenience. The City records show a Fence permit #5394 dated April 24, 1980 Indicating a 6 Foot high stockade Fence; however, the site plan and permit, as shown on the enclosed copies, does not indicate a projection of the fence Into the required Z0 Foot front yard set- back. The site plan only Indicated a 4 Foot high split rail fence tn the Front yard. The current Fence on your property must be reduced to a maximum height oF 48 inches in the required 20 Foot Front yard setback within thirty (30) days. IF you have any questions regarding thi~ compliance notice, please contact the Building Inspection Department within ten (10) days. ! thank you for your prompt attention to thls matter, Yours. truly, Building OFficial UB:pJ Enclosure 89/162 CITY MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364 (612) 472-1155 September 21, 1989 Mr. Charles Nungesser 4309 Wtlshlre Blvd. Mound, MN 55364 Dear Mr. Nungesser: During a recent review of a variance requested by an adjoining' neighbor, it has come to the attention of the Building Inspection Department that you have a fence on your property which is in violatt0n of City Code Section 23,415. ! have enclosed a copy of the ordinance for your convenience. Our City records show no permit issued for this fence installa- tion which is required by City Code. The current fence on your property must be reduced to a maximum height of 48 inches in the required 20 foot front yard setback within thirty (30) days. If you have any questions regarding this compliance notice, please contact the Building Inspection Department within ten (10) days. ! thank you for your prompt attention to this matter. Yours truly, Building Official JB:pJ Enclosur~ 89/164 IEg'l] SEP 2 i 89 4509 ;'.~1 shi re Blvd. Mound ,~inn 55564 Sept~ber 2~, 1989 City of 5~und 53A1 Maywood Mound, Minn Gent! emen, This is in response to Jan Bertrand's SeDt~ber 21, 1989 letter and other it~ns ! bare recently received in r~ference to a fence on my property at the above address. Reference is also m~.de to fences at ~31~,A.~ly and ~27 Wilshire Blvd. I bought this property in 1980 and the fence was there at that time. The person who bad the house and the fence b'~ilt has been dead for several years but my contact ~ith the fo.~ner owner of the adjacent property at ~x15 b~lshire indicates the fence was built in 1969 or 1970 the same time the house was built. It therefore has been in existance nearly 20 years,possibly prior tc the adootion of city code 25.~15 with no ~nowledge that it may be in violation of any code. It seems stranEe it should now suddenly become ~n item requiring such i~mediate action. Havin2 no orior knowledge that my fence may be in violation of a City Code, I have not requested a variance. As I will be out of to~ on September 26, I will be unable to attend the Council meetinz on that date. If it will be necessary to request a variance, I hereby request an opportunity to do so at a l~ter meeting. ? Cbs ri es Run,e_ skf/ /~// CITY ()f MOUNI) 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364 (612) 472-1155 DATE: TO: FROM: Planning Commission Meeting of September 11, 1989 Planning Commission ~ Jan Bertrand, Building Inspector SUBJECT: Fences at 4309, 4313, 4317 & 4327 Wilshire Blvd. I have reviewed the construction of nonconforming fencing along 4309 to 4327 Wilshire Blvd. I have found that there was one building permit issued For a fence at 4327 Wilshire Blvd. in April of 1980, however, the site plan (attached) indicates the setback of the stockade fence behind the building lines at the side property lines. The south side has a 6 Foot stockade at the side property line about 18 Feet back From the front property line. The 64" stockade at the north property line about 4 Feet back from the front property line. This fence is in disrepair at this time and falling down. 4309 Wllshire Blvd. has a fence in poor condition behind a hedge row along the front property line to the Wilshire right-of-way. The fence is approximately 60 inches in height, a vertical board- on-board fence, and no record of any permit was on file. The variance application at 4313 Wilshire Blvd. brought up the nonconforming replacement fence at this property. A building permit has been issued for that addition'to his home and removal of the garage, including a conforming 48 inch height fence. The applicant has gotten back to the Inspection Department with a request for a fence height variance as it is not intented to be modified during the construction of his addition. The surveys on file For 4309 and 4317 Wiishire indicate the property of 4313 to have a wire fence at the north and side lot lines of the property. It does not show a privacy type fence nor the height on these two surveys. The 58 inch horizontal basket weave fence in the front yard of 4317 Wiishire Blvd. has no fence permit on file. Site plan review For a variance completed in 1983 with the photographs taken did indicate the privacy fence on the Wilshire side, however, the survey indicates a wire fence at both the north- easterly lot line and the southwesterly lot lines. Staff would recommend that a notice be sent to each of these owners indicating what the City records show and the requirement that any modifications to these fences, or replacement would require conforming installation of the present fence ordinance at a 48" maximum in the required 20 foot front yard setback and 36" maximum height at the lakeside average building setback line. 3~'~ ',~ V^L.L~Y. ~. 'LAND SURVEYOR,S LICEI~SED BY OI{DII~AI~CE OF CITY OF 6917 hlaho Ave. N. 5~-~2 ~tinneapolis, ~linnesola 55428 6q17 IDAHO AVL tl BROOKLYN PARK. MINN q' Ocl I5hir¢ 0 DE.~OTF~S IliON / . -~ p-~C o~ ~ I, 1,1n~ ~crthe-s~erly of ~t:e ~ollow~n~ ~escr;~e,~ lines Co~Jr~ncL=g ~t t~e Soul.est ~o~ner of < b' Z Z 0 U~ L Case No. 83-111 4317 Wilshlre Blvd. 3, osq' ~ O F~A' OF t_ AI,~£ i~ tNN£I'OAII~'A OWNER-"~~ BLDR.-CONT. ~) r,~ In ADDRESS BUILDING PERMIT APPLICATION CITY OF MOUND 5341 Ma~?ood Rd., Mound, Minnesota #5394 TELEPHONE NO, 3 ' LOCATION OF PROPOSED IMPROVEMENT STREET ADDRESS 37 ,,.-L A.~ :.~t{.~ ESTIMATED OOMPLETION DATE APPLICATION REQUIREMENTS O~,1 T B ,/ q ': ~L% R ~ ~ A k Survey. Q Energy Comp ~ Heating Layout Plat Plan ~ Elevations ~ Sewer-Wa~r ~ation Structural Plan ~ Watershed Q County Driveway Pe~it TYPES OF CONSTRUCTION NEW CONSTRUCTION REMODELING u~ Single Family - Sq. Ft. [] Addition Sq. Ft. ~ Multi-Family . Sq. Ft [] Interior -Sq. Ft. ~ Commercial Sq. Ft. ,-I Sub Level -Sq. Ft. [] Industrial Sq. Ft. - ~ Roofing -Sq. Ft [] Garage - Size Sq. Ft.' [] Siding -Sq. Ft. :'_] Deck - Size Sq. Ft ~ Utility Bldg. - Sim Sq. Ft. [] Patio - Size Sq. Ft. f [] Council Resolution No. '~ Fence Size~" X Ln. F. '~ ~ '__ PERMIT FEE $ / ~j' ~ C) PERMIT APPROVAL PLAN CHECK FEE $ SURCHARGE" S.A.C. WATER CONN. FEE $ "-'" TAPPING FEE $ ~ EXCAVATIO~ FEE $ TOTAL $ FINAL INSPECTION OCCUPANCY CERTIFICATE DATE PLUMBING PERMIT NEEDED: . In case permit is granted, I hereby agree to do the proposed work in accordance with description above set forth and according to the provisions of all ordinances of the City of Mound and of all statutes of the State of Minnesota in such cases made and provided. All building permits expire one year after date of is,.suance. DATE. ~// ~ ''~ . APPLICANT ~ ..... '" CASE e~ CITY COUNCIL MINUTES AUGUST 22, 1989 JOKN MIND~m~Nt 4313 WILSHIRE BL~T).t PART OF LOT At T~E 1ST REARR. OF PHELPS ISLAND PARK FIRST DIVI- SION, PID ~19-117-23 13 0011, VARIANCE FOR EXIST- ING NONCONFORMING DWELLING The Bu~l~ng 0~£~¢~al expla~ne~ %he recfues%. The Planning eom- 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: 135 August 22, 1989 RESOLUTION %89h96 RESOLUTION TO RECOGNIZE AN EXISTING NON- CONFORMING STRUCTURE TO ALLOW STRUCTURAL MODIFICATIONS FOR PART OF LOT Ay THE 1ST REARR. OF PHELPS ISLAND PARK FIRST DIVI- SION, PID %19-118-23 13 0011, (4313 WIL- SHIRE BLVD.}, P & Z CASE #89-83~ The vote was unanimously in favor. Motion carried. i RECEIVED AUG 1 7 1989 Case No. 89-833: John Minahan, 4313 Wi lshtre Blvd., Part of Lot A? The 1st Rearr.. of Phelps Island Park First Divisiont PID #19-117-23-13 0Oil. VARIANCE FOR EXISTING NONCONFORMING DWELLING. The Building Official, Jan Bertrand, reviewed the applicant's request to remove an existing detached garage and add a new tached garage with conforming setbacks. The house has an exist- lng nonconforming lakeshore setback of Zt.Z Feet to the principal building and the deck is approximately lO feet From the Ordinary High Water elevation. Staff recommended approval of the variance considering the shallowness of the lot. Planning Commission Minutes August 14, ]989 Page Four BertranO added that during her Inspection of the premises, it came to her attention that a new 7l to 76 Inch high privacy Fence was being constructed at the street side of the property, without a permit. The required Fence height In this area is 48". Bertrand suggested a variance be considered to allow the 71 to 76 inch high fence since the neighboring fences along Wllshtre on four various lots also have 72" high privacy fences at the street sloe. WeilanO requested the Building OFficial Investigate if the other fences were erected with a permit or received variances, it was agreed that a Fence variance would not be considered at this time, however if the applicant wished to return to the Planning Commission For a variance request that the application Fee would be waived. MOTION made by Sohns, seconded by Weiland to approve staff recommenclation f=or approval of the lakeside set- back variance, and if the appl lcant wishes to return for a fence hetght vartance that the appll, cation fee be ;~m~' waived. Motion carried Unanimously. This case Will be heard by the City Council on August 22, 1989. CITY MOUND. MINNESCTA 55364 (612t 472~1'55 CASE NO. 89-833 TO: FROM: DATE: Planning Commission, Applicant and Staff Jan Bertrand, Building Official ~ Planning 6ommission Agenda of August 14, 1989 CASE' NO.: 89-833 APPLICANT: John Minahan LOCATION: 4313 Wiishire Blvd. LEGAL DESCRIPTION: Part of Lot A, The 1st Rearr. of Phelps Island Park First Division, PID #19-117-23-13 OOll SUBJECT: Variance for Existing Nonconforming Dwelling EXISTING ZONING: R-2 Single Family Residential COMPREHENSIVE PLAN: Residential PROPOSAL: The applicant is requesting a variance to do struc- tural repairs to an existing nonconforming dwelling in the R-2 zoning district to remove a detached accessory building and add a new attached garage with conforming setbacks. COMMENTS: In 1979 the Planning Commission allowed a variance on this property to construct a second story expansion upwards in the same footprint as the present first floor area. The lakeshore setback of the existing dwelling, as shown on the sur- vey dated June 8, 1989, shows 8 setback o¢ 21.2' from the Ordi- nary High Water line to the principal dwelling, and approximately lO Feet from the applicants deck to the Ordinary High Water elevation. The R-2 single family zoning district requires a minimum lot area of 6,000 square Feet, a 50 Foot iakeshore setback From the Ordi- nary High Water elevation, 6 foot side yard setbacks, and a 20 foot front yard setback. The existing setback requires a 40 foot lakeshore setback variance with the remainder of the setbacks and lot area are in compliance with the R-2 zoning district. RECOMMENDATION: To afford the owner reasonable use of his land and recognition of the shallowness of this lot, staff recommends approval of the removal of the detached accessory building with the understanding that the attached one story garage being requested will conform with the zoning ordinance setback regula- Case No. 89-833 Page Two During my inspection of the premises for the variance request, it was noted that a new ?! to ?6 inch high privacy fence was being constructed at the street side of the property. There is no per- mit on file for this fence. The requirements for the City Or- dinance only allows 48 inch high fences in the front yard loca- tion abutting a street. The neighboring fences along Wilshire on four various lots have privacy fences at the street side. Pos- sibly, the Planning Commission would allow a 72 to ?6 inch high fence in the front yard location due to the amount of traffic and visitors in this area. The abutting neighbors have been notified. This case will be referred to the City Council on August 22, !989. JB:pJ [TY OF MOUND PART II VARIANCE APPLICATION Fee $50.00 PLANNING & ZONING COMMISSION (Pi ease type or pr int the Fo i 1 DWi ng i nFormat i on. ) Address of Subject Property ~-~)~ ~J[lil~f~ LOt A - App]fcant's Name (ti other than owner) ~~ ' Address ~~ Day Phone Zoning District ~-~" Has an application' ever been maOe Eor zoning, varian~ conditional use permit, or other zoning procedure ~or thfs'property~ {~/ no . If yes, list date(s) of application, action taken, and provide'resOlution number(s) (Copies DE 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 applicat-ion by any authorized official of the City of Mound for the purpose oF inspecting, or of posting, maintaining and removing such notices as ~y be requi red by law. ApPlicant's Si'gnature ~__j~ , ~ FOR OFFICE USE ONLY: Planning Commfssfoh Recommendation Approved ]akesh0re setback variance. Date 8-14-89 Il Action: Resolution No. Date VARIANCE APPLICATION Case No. Does the present use of the property conform to ali regulations for the zoning district in which it is locate~? Yes ~X), No ( ). ]f no, specify each non-conformlng use= Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in ~tch it is located? Yes (), No (/~). If no, specify each non-conforming use: Which unique physical characteristics of the subject property prevent its reasonable use for a~y of the uses permitted in that zoning district? too narrow too small too shallow ( ) topography ( ) soil (.-.).drainage'' ( ) sub-surface ( ) ~hape (' ) other: specify e Was the hardship desc, ribed above created by the action of anyone having property interests in the land after the zoning ordinance was adopted? Yes' (), No ~)(). If yes, explain · 5. Was the hardship created by any other man-made change, such as the relocati'on of a road? Yes ( ), No(~)~. If yes, explain FAR ANCE APPLICATION Are the condit ! OhS of: hardsh i p f:or wh i ch you request a var iance peculiar 0nly to the property described (n ~hi~ pe~{~t~n? Y~ ( ~. No (~). If: no, how many other properties are similarly a~ected? What Is the "minimum" modification (variance) From the area, bulk, and setback regulations that will permit you to make reasonable use oF your land? .(SpeciFy, using maps, site plans with dimensions and writ- ten explanation. Will granting oF the variance be materially detrimental to property in the same zone, or to the enforcement of this ordinance? PART III SITE PLAN INFORMATION: All supportinq documents such as sketch plans~ attachments, etc.~ must be submitted in 8-I/Z"xil" size. If larger drawings are submitted~ one must be 8-.1/2"x11"~ and 15 larqer size copies must be provided. For each requested zoning variance procedure, a site plan must be attached at a scale large enough For clarity show- Ing the following information: Location, area, and dimensions oF existing and proposed: (Lot(s), building(s), driveway(s)/street access, off-street'parking, and utf. lities. 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· ~ ' ~R~L ,f any. lherfon, ~~,o-.~c. ~,.......2,,,, . ~~-~~,-__ RE.C, EIVE. D AU~ : ,,. PREPARED FOR: JOHN LEGAL DESCRIPTION: That part of Lot A, First Rearrangement of Phelps Island Park First Division, according to the plat thereof on file or of record in the office of the Register of Deeds tn and for Hennepin County, Minnesota, lying southwesterly of the following described line: Commencing at the southwest corner of said Lot A; thence northeasterly along the northwesterly line of said Lot A, a distance of 60.00 feet to the actual point of beginning of the line to be described; thence southeasterly deflecting to the'right 96 degrees 00 minutes 00 seconds to the southeasterly line of sa£d Lot A, and there said line terminates. Area ~o~ ~ ZO. q don~or: BZ~ ~?. F~ PTopo~,d lowest fkx~ elev. - Prol3omd top of foundation elev. - BENCH MARK: MINAHAN RESOLUTION NO. A RESOLUTION DENYING REQUEST FOR SET BACK VARIANCE AT 6201 BAYRIDGE ROAD WHEREAS, the zoning code of the City of Mound requires side yard and front yard setbacks to protect abutting properties from encroachment and to allow distance between buildings and to establish setback uniformity, and WHEREAS, Charles L. Regenfuss of 6201 Bayridge Road has applied for a variance to construct a 24 x 24 one story attached garage to the east side of his property, and further requests recognition of the existing non- conforming setbacks where a 30 foot setback is required from Bayridge Road and from Westedge Boulevard and the existing structure is 28.5 feet from Bayridge Road and 27.5 feet from Westedge Boulevard, and WHEREAS, this matter was referred to the Mound Planning Commission for its consideration on August 28, 1989, and after hearing the comments of the Planning Commission, the applicant moved to have the matter continued until the September 11 meeting, and WHEREAS, the Planning Commission met on September 11, 1989, and recommended denial of the variance because the criteria for granting variances as set forth in Section 23.056 of the City Code are not met and there is room for a garage on the west side of the home which would be in compliance with the ordinance requirements, and WHEREAS, the City Council heard the recommendation of the Planning Commission and heard evidence from the applicant at its meeting on September 12, 1989, and has directed the staff to prepare a resolution of denial, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, as follows: 1. The application of Charles L. Regenfuss for a front yard setback variance to construct a garage is hereby denied for the following reasons: a. The Planning Commission and the City Council have reviewed the facts of this case versus the ordinance requirements for granting a variance and cannot find special circumstances or conditions affecting the property such that the strict application of the provisions of the zoning ordinance would deprive the applicant of the reasonable use of its land. b. The variances are not necessary for the preservation and enjoyment of a substantial property right of the applicant and a different design can be utilized which will accomplish all the purposes set forth by the applicant. c. The granting of the variance will be detrimental to the public welfare and injurious to other property in the City because it will establish a precedent and will be granting a variance from the ordinance without a substantial reason. 2. No hardship has been shown on the owner of this property and therefore the Council finds that no showing is made that a hardship exists, and the property owner can utilize his property in a manner consistent to the zoning ordinance and which is applicable to all other properties in the City. 3. It is hereby determined that the granting of this variance would be detrimental to the health, safety and general welfare of the public and of the abutting properties and would affect the property rights of current and future residents of the community who are to be protected by a uniform set of standards, applicable to all properties in the community. The Council further finds that the requested variance is contrary to the spirit and intent of the zoning ordinance. 4. The Council further finds that if general standards and requirements are waived or relaxed for one property owner, other property owners have the right to expect the same type of treatment or their constitutional rights would be adversely affected by failing to apply the equal protection rules of the constitution for all citizens. L~ l,Skorp & Lil~:lclui~t'$ FOR DETAIL & ADDED~ AREA. SEF.~E¢OaD Pt. ATS ;ce County Surveyor file for d.M. survey detoil. Proposed Resolution Case No. 89-838 RESOLUTION NO. 89- RESOLUTION GRANTING APPROVAL OF A CONDITIONAL USE ESTABLISHING THE BILL CLARK OIL COMPANY, INC. PROPERTY, 'PID #13-117-24 33 0039, AS A PLANNED INDUSTRIAL AREA PURSUANT TO SECTION 23.650 OF THE MOUND CODE OF ORDINANCES WHEREAS, Bill Clark, owner and applicant, has applied for a conditional use permit for the establishment of a Planned Industrial Area for the property generally known as the Bill Clark Oil Company, 5501Lynwood Boulevard, PID #13-117-24 33 0039; and WHEREAS, the Planned Industrial Area is being requested to permit the shared use of the site by an existing petroleum products distribution company and two public uses, a parking area for an on- call ambulance and an Interim Truck Routing Station operated by Hennepin County; and WHEREAS, the property is presently zoned I-1 and Planned Industrial Areas are conditional uses in the I-1 zone; and WHEREAS, the applicant has applied for a conditional use permit to facilitate the full utilization .of the property through the establishment of one or more business enterprises on a lease basis, thereby expanding employment opportunities in the City of Mound and providing needed public services; and WHEREAS, the City of Mound has determined that the establishment of a Planned Industrial Area is a more efficient usage of the existing structure and land than could be accomplished under traditional I-1 zoning; and WHEREAS, the Planning Commission has reviewed the request and does recommend approval; and WHEREAS, the City Council of the City of Mound held a public hearing on September 12, 1989 pursuant to the Mound Code of Ordinances to consider the issuance of the requested conditional use permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: It is hereby determined that the proposed Planned Industrial Area is consistent with the land use and economic development policies of the City and is consistent with the general purposes and interest of the zoning code of the City. The conditional use permit which incorporates the site plan stamped' "Received, Van Doren-Hazard-Stallings, September 19, 1989" is hereby granted. mm 'i- X !.!.1 Proposed Resolution Case No. 89-838 RESOLUTION NO. 89- RESOLUTION GRANTING AN OPERATIONS PERMIT FOR THE BILL CLARK OIL COMPANY, INC. AT 5501 LYNWOOD BOULEVARD, PID #13-117-24 33 0039 WHEREAS, the Bill Clark Oil Company, Inc. (applicant) has applied for an Operations Permit to recognize the existing operation of a petroleum products distribution business and an ambulance service run by Waconia Ambulance, both of which are housed in the office building located a.t 5501 Lynwood Boulevard; and WHEREAS, petroleum distribution businesses and public services are allowed by Operations Permit in Planned Industrial Areas; and WHEREAS, the site at 5501 Lynwood Boulevard was approved as a Planned Industrial Area by conditional use permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of Mound, Minnesota: It is hereby determined that the Bill Clark Oil Company, Inc. and Waconia Ambulance are consistent with the criteria for granting Operations.Permits found in Section 23.650.7 of the Mound Code of Ordinances. Operations of the businesses are approved consistent with the site plans identified as Exhibit A and Exhibit B, stamped "Received, Van Doren-Hazard-Stallings, September 19, 1989". Proposed Resolution Case No. 89-838 RESOLUTION NO. 89- RESOLUTION GRANTING AN OPERATIONS PERMIT FOR HENNEPIN COUNTY TO OPERATE AN INTERIM TRUCK ROUTING STATION AT 5501 LYNWOOD BOULEVARD WHEREAS, Hennepin County, Minnesota (applicant) has applied for an Operations Permit to operate an Interim Truck Routing Station at 5501 Lynwood Boulevard; and WHEREAS, the proposed use will share the existing office building currently occupied by Bill Clark Oil Company, Inc. and the Waconia Ambulance service; and WHEREAS, Hennepin County will operate the Interim Truck Routing Station as a dispatching point for area garbage haulers until such time as permanent transfer stations become available or until expiration of this permit, whichever 'occurs first; and WHEREAS, the Planning Commission has reviewed the Interim Truck Routing Station and has recommended conditions of approval; and WHEREAS, Interim Truck Routing Stations are allowed public uses in Planned Industrial Areas upon approval of an Operations Permit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: It is hereby determined that the Interim Truck Routing Station operated by Hennepin County is consistent with the criteria for granting Operations Permits found in Section 23.650.7 of the Mound Code of Ordinances. The Operations Permit is granted in accordance with the following conditions: A. Hours of operation shall be limited to 7:30 AM to ~ 3:30 PM, weekdays only~ Weekend operations shall ~-~,~ be prohibited· ~' ~'~A~ B. The total number of trucks using the site shall be ~--~k.v~) limited to a maximum of fifteen (15) during any ~,~q= Ge Access to the site shall be via Commerce Boulevard and Lynwood Boulevard only. All trucks utilizing the routing station shall be licensed by the City of Mound. This 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 of waste material shall be expressly prohibited. 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. II / Application No. Fee Paid CITY OPERATIONS OF MOUND PERMIT 'APPLICATION Section I - Applicant Information, 1. Street Address of Property_ '5501 LynwoQd Boulevard 9_. Legal Descriptio~ of Property: Lot 35 36 37 Addition Koelner's Addition to,Mound 3. Owner's Name Bill Clark Address 6300 Carlson Drive, Eden Prairie, j Block PID No. 13-117-24-33-0039 D~¥ Phone No. 934-2837 55346 4. Applicant (if other than owner): Name Hennepin County Attn~ Dave Winter Address 320 Washington Avenue South. Hopkins. MN Section 2 - Business lnformation~_ Day Phone No. 935-3381 55343 e Name of Business Hennepin County Interim Truck Routing Station Total Floor Area Manufacturing Area Sales Floor Area Office. Area Warehouse Area Other'(please specify) Describe Nature of Business Route up to 15 waste collection trucks 'to a ~isposal facility. S~ At~hm~n~ Wmoiesaie Retail Location (cite unit number or attach floor plan) See site map Number of Emplpyees: 1st Shift 3rd Shift 1 - 7~.30 a~m, 2nd Shift to 3:30 p.m. Adjacent Uses (list businesses) Uses adjacent to the site include retail to the west, open to north, public works to NE and railroad to the south. Section 3 - Business Operations, Describe Products Produced or Services Offered (attach product brochures if available) Truck routin~ - see attachment What types of materials will be shipped into and/or stored within the premi ses? None Will materials ke shipped by: 'rail N/Applicable other (specify) N/App] ~cmb] ~, semi truck N/Applicable Will delivery vehicles be~ stored om the property? Xes No x If yes, attach site plan showing parking stalls assigned-to deliver~ vehicles. Does the business plan future expansions at this loc~tiom? Yes No x . If yes, describe amount of anticipated expansioa and timing. Will the business require any modifications to the exterior of the existing building including but not limited to doors, windows, ~verhead doors, cooling towers, HVAC units, etc? Yes No x If yes, please described and attach a floor 'plan and exterior building elevation drawings. Will the proposed operatiom involve: Noise Generatioa: Yes X No . If yes, describe source and amoumt Very minimum - from .U~ to 15 truc~m/dmy stopping at the site, Odor Generation: Yes No X . If yes, describe source and amount Toxic and/or Hazardous Waste Generation: Yes If yes, describe source and amount No X e Previda a ~tai!ed listing of all chemicals which will be. disc~aroed in~o the sanitary sewer system. N/Applicable will the operation include either interior or exterior storag{. Df bulk chemicals? Yes No X . If yes, attach floor plan and/or site plan showing location and describe spill/leakage containment provi s ions. Other than chemicals, will the operatioa require outdoor storage of any materials? Yes No x . If y~s, describe materla~, s and attach sihe plan showing l~x~tions and identifying proposed screening by type and location. ' (1) Consent to be given by Bill Clark, site owner. Section 5 - City. Review and Action Section 4 - Certification, ,,,,, I certify that all of the above statements and the statements contained in any -~ required papers and plans t~ be sut~nitted herewith are true and accurate. (I ~ ~consent to. the en.~. in or upon.the premises described in this a. pplic~.tio~ by ; J any authorized official of the Czty of Mound .for ~he purpose of lnspectzng, or ~ Lof posting, malntaini?g and r~ving such notzces as may ke required by /aw. ) _J Patrick B. Murphy, Director,k3Hennepin County Public Works Dept. Reviewed by: Building Official City Planner City .Engineer FiTM Chief · City Manager Other Planning Commission Recommendation: D~te Council Action Resolution No. D~te HENNEPIN IL BURB U OF PUBLIC SERVICE 320 Washington Av. South Hopkins, Minnesota 55343 935-3381 July 27, 1989 Ed Shukle, City Manager 5341 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 Oear Mr. Shukle: Henneptn 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 0il 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 ~or 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 an equal opportunity 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. David G. Winter attachment cc: Vern Genzlinger Patrick Murphy Luther Nelson Bill Clark Attachment PROJECT CONCEPT PLAN FOR INTERIM TRUCK 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 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 t...acks 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 a%..ay. This will cause unacceptable additional driving time by waste collection trucks and unacceptable traffic problems, particularly at the bum 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 routed 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 forhauling to one of the burn plants or possibly to a landfill. (By the time the p~rmanent 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 bum 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 r~uting stations should be phased out when the Plymouth 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 waste; 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. Application No. Rte File q-lc]-~ CITY OF MOUND OPERATIONS PERMIT 'APPLICATION Section I - Applicant lnformationL 1. street Address of Property 5~/ ~n~ooJ 8/fY 2. Lega. l.Description of Pro.p~lrty: Lot 35, SA, 3? Block Add].tzon Ko,L/.,', f),lJ.~;o., fo ~ov.'4 ' Pm ~./3 //? ~'/ ~3 003? 3. Owner's Name L~;;),,'- C. C/4,//~ Day Phone No. 4, Applicant (if other than owner): Name Day Phone No. Address Section 2 - Business Information, Name of Business ~;1/ ~//.-~( Total Flor Area ~ ~ % ~ ~ Off~ ~a Manufacturing ~ea Ware~use ~ea Sales Flor Area Ot~eL- (please s~cify) ~SCr~ Nature of Business Wholesale ~ Retail ,-" e Location (cite unit number or attach floor plan) Number of Employees: let Shift ~ ~. ~ 3rd Shift 2nd Shift 6. Adjacent Uses (list businesses) Section 3,- Business Operations 1. Describe Products Produced or Services Offered (at.tach. product brochures if available) ~;~.:~.~.~, , ~ /.~v;2 ~.~.~/~.-~p.o~3 ~? ~ What types of materials will be shipped ~nto and/or stored within the premises? Will materials be shipped by: 'rail semi truck ~" other (specify) .~,~1~ .¢.x ~.; ~/% , ~;~ ~.! ,'.~/~ Will delivery vehicles be stored on the property? Yes F No If yes, attach site plan showing parking stalls assigned to deliver~ vehicles. Does the business plan future expansions at this location? Yes No >,' . If yes, describe amount of anticipated expansion and timing. Will the business require any modifications to the exterior of the existing building including but not limited to doors, w~ndows, overhead doors, cooling towers, HVAC units, etc? Yes No ~" . .If yes, please described and attach a floor plan and exterior bu~ldzng elevatioa drawings. Will the proposed operation involve: Noise Generation: NO >/ . If yes, describe source and amount Odor Generation: Yes source and amount No~ · If yes, deScribe Toxic and/or Hazardous Waste Generation: If yes, describe source and amount Yes No ~/ 3o11. Provide a detailed listing of all chemicals which will be discharged into the sanitary sewer system. ~/~.- Will the operation include ett~ interior or exterior storage of bulk chemicals? Yes No . If yes, attach floor plan and/or site plan showing location and describe spill/leakage containment provisions. Other than chemicals, will the oper~tio~ require outdoor storage of any materials? Yes No/-- If yes, describe materials and attach site plan showing locations and identifying proposed screening by type and location. Section 4 - CertificationL I certify that all of the above statements a~d the statements contained in any required papers ar~ plans to be submitted herewith are true and accurate. I consent to the entry in or upon the premises described tn this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, malntaining and ~vi~uch~tices as may be required by law. Signature of Applicant ~./~/~ ~-/~. Date Section 5 - City. Review and Action, I I Reviewed by: Building Official City Planner City .Engineer Fire Chief · City Manager Other Planning Commission Recommendation: Date Council Action Resolution No. D~te o ~'% %~ ~ BELMONT L + ~ ..--? ....... _ - ..";"-"'-,~, / · ,' ""' ~' 3o."1~1 · ..- ~-,,,~ ~, , ' /, I I \. ' ,F ~!, , Proposed Resolut ion Case No. 89-840 RESOLUTION #89- RESOLUTION TO APPROVE MINOR SUBDIVISION AND SETBACK VARIANCE FOR LOTS I, 2, 3, & NORTHEASTERLY I/2 OF LOT 4, BLOCK 2, PID #19-117-Z3-Z4 0006/0007 (4520 DENBIGH ROAD), P&Z CASE NO. 89-840 WHEREAS, a minor subdivision and lO foot side yard setback variance is proposed for Lots l, 2, 3, and northeasterly 1/2 of Lot 4, Block 2, PID #19-117-23-24 0006/0007 in the manner required for platting of land under.City of Mound Ordinance Code, Section 330 and under Chapter 462 of the Minnesota State Statute and all proceedings have been duly conducted thereunder; and WHEREAS, an application to waive the subdivision require- ments contained in Section 330 of the City Code has been filed with the City of Mound; and WHEREAS, said request for waiver has been reviewed by the Planning Commission and City Council; and WHEREAS, The subject property is located in the R-2 single family Zoning District according to the Mound Code Ordinances, which requires a 20 foot setback from any right-of-way; and WHEREAS, the Planning Commission reviewed the request for a single family dwelling to be constructed on Parcel B within 10 feet of the unimproved Anglesey Lane and found that such con- struction should be allowed due to the shape and topography of the newly created parcel; and WHEREAS, it has been determined that there are special cir- cumstances affecting said property such that the strict applica- tion of the 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 would not be detrimental to the public welfare or injurious to the other property owners. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: The request of the applicant for a waiver from the provi- sions of Section 330 of the City Code and the request to subdivide property of less than five acres, described as follows: Lots [, 2, 3, and the northeasterly 1/2 of Lot 4, Block 2, PID #19-117-23-24 0006/0007. PROPOSED RESOLUTION Page Two CASE NO. 89-840 That the City does hereby authorize the applicant's request to construct a single Family dwelling on Parcel B within lO Feet of the unimproved Anglesey Lane (lO foot variance), due to the shape and topography of the newly created parcel for the.property at Lots 1, 2, 3, and the northeasterly I/2 of Lot 4, Block 2, PID #19-117-23-24 0006/0007. It is hereby granted to permit the subdivision as per the following descriptions as shown on Exhibit A. Parcel A: Parcel B: Upon the further following conditions: a) b) The survey must indicate a future garage site including two (2) off-street parking spaces with a minimum of 650 square Feet for Parcel A, with the existing dwelling. The survey must indicate the legal descriptions of the newly created Parcel A and Parcel B. c) The applicant shall apply for a vacation of Anglesey Lane to be converted from a street right-of-way to a utility, drainage, and walkway easement to alleviate the necessity for a variance. d) Sewer and water services must be installed prior to the City releasing the resolution for recording, or the City must receive guarantee in the Form of a cash deposit, letter of credit or a surety bond. e) Deficient unit assessments for 1978 street improvements in the amount of $1,170.90 must be paid prior to the recording of this resolution. It is determined that the Foregoing subdivision will con- stitute a desirable and stable community 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 Register of Deeds or the Registrar of Tttles of Hennepin County to show compliance with the subdivision regulations o6 the City. This lot subdivision and variance resolution ts to be filed and recorded within I80 days of the adoption date of this resolution. Proposed Resolution Case No. 89-840 RESOLUTION #89- RESOLUTION TO APPROVE MINOR SUBDIVISION AND SETBACK VARIANCE FOR LOTS 1, 2, 3, & NORTHEASTERLY 1/2 OF LOt 4, BLOCK PIP #19-117-23-24 0006/0007 (4520 DENBIGH ROAD), P&Z CASE NO. 89-840 WHEREAS, a minor subdivision and 10 Foot side yard setback variance is proposed For Lots I, 2, 3, and northeasterly I/2 of Lot 4, Block 2, PID #19-117-23-24 0006/0007 in the manner required For platting of land under City of Mound Ordinance Code, Section 330 and under Chapter 462 of the Minnesota State Statute and ail proceedings have been duly conducted thereunder; and WHEREAS, an application to waive the subdivision require- ments contained in Section 330 of the City Code has been Filed with the City of Mound; and WHEREAS, said request for waiver has been reviewed by the Planning Commission and City Council; and WHEREAS, The subject property is located in the R-2 single Family Zoning District according to the Mound Code Ordinances, which requires a 20 Foot setback From any right-of-way; and WHEREAS, the Planning Commission reviewed the request For a single Family dwelling to be constructed on Parcel B within lO Feet of the unimproved Anglesey Lane and Found that such con- struction should be allowed due to the shape and topography of the newly created parcel; and WHEREAS, it has been determined that there are special cir- cumstances affecting said property such that the strict applica- tion of the 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 would not be detrimental to the public welfare or injurious to the other property owners. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: The request of the applicant For a waiver from the provi- sions of Section 330 of the City Code and the request to subdivide property of less than five acres, described as follows: Lots I, 2, 3, and the northeasterly 1/2 of Lot 4, Block 2, PID #19-ll7-23-24 0006/0007. PROPOSED RESOLUTION Page Two CASE NO. 89-840 That the City does hereby authorize the applicant's request to construct a single family dwelling on Parcel B within 10 Feet of the unimproved Anglesey Lane (lO Foot variance), due to the shape and topography of the newly created parcel for the property at Lots 1, 2, 3, and the northeasterly 1/2 of Lot 4, Block 2, PID #19-117-23-24 0006/0007. It is hereby granted to permit the subdivision as per the Following descriptions as shown on Exhibit A. Parcel A: Lot I and that part of Lot 2, Block 2 of Avalon, according to the plat thereof on File and of record in the office of the Registrar of Titles in and For said County of Hennepin .lying northeasterly of a line drawn From a point on the southeasterly line of said Lot Z distant 2Z.O0 Feet southwesterly of the southeasterly corner of said Lot 2 to a point on the northwesterly line of said Lot 2 distant 22.00 Feet southwesterly of the northeasterly corner of said Lot 2. Parcel B: The northeasterly half of Lot 4, Lot 3 and that part of Lot 2, Block 2 of Avalon according to the plat thereof on File and of record in the office of the Registrar of Titles in and For said County of Hennepin lying south- westerly of a line drawn From a point on the southeasterly line of said Lot 2 distant 22.00 Feet southwesterly of the southeasterly corner of said Lot 2 to a point on the northwesterly line of said Lot 2 distant 22.00 Feet south- westerly of the northeasterly corner of said Lot 2. Upon the Further Following conditions: a) The survey must indicate a future garage site including two (2) off-street parking spaces with a minimum of 650 square Feet For Parcel A, with the existing dwelling. b) The survey must indicate the legal descriptions of the newly created Parcel A and Parcel B. c) The applicant shall apply For a vacation of Anglesey Lane to be converted From a street right-of-way to a utility, drainage, and walkway easement to alleviate the necessity For a variance· PROPOSED RESOLUTION Page Three CASE NO. 89-840 e d) Sewer and water services must be installed prior to the City releasing the resolution For recording, or the City must receive guarantee in the Form of a cash deposit, letter of credit or a surety bond. e) Deficient unit assessments For 1978 street improvements in the amount of-$1,I70.90 must be paid prior to the recording of this resolution. It ts determined that the Foregoing subdivision will con- stitute a desirable and stable community development and it is in harmony with adjacent properties. The City Clerk is authorized to deliver a certified copy of this resolution to the applicant for Filing in the office of the Register of Deeds or the Registrar of Titles of Hennepin County to show compliance with the subdivision regulations of the City. This lot subdivision and variance resolution is to be filed and recorded within 180 days of the adoption date of this resolution. i x EXHIBIT PARCEL A Lot 1 and that part of Lot 2, Block 2 of Avalon, according to the plat thereof on file and of record in the office of the Registrar of Titles in and for said County of Hennepin lyin~ north- easterly of a line drawn from a point on the southeasterly line of said Lot 2 distant 22.00 feet southwesterly of the southeasterly corner of said Lot 2 to a point on the northwesterly line of said Lot 2 distant 22.00 feet southwesterly of the northeasterly corner of said Lot 2. PARCEL B The northeasterly half of Lot 4, Lot 3 and that part of Lot 2, Bloc~ 2 of Avalon accordin~ to th~ plat thereof on file and of record in the office of the ReGistrar of Titles in and for said county of Hennepin lyin~ southwesterly a line drawn from a point on the southeasterly line of said Lot 2 distant 22.00 feet southwesterly of the southeasterly corner of said Lot 2 to a point on the northwesterly line of said Lot 2 distant 22.00 feet southwesterly of the northeasterl}. corner of said Lot 2. L~$CHO'BORG ND SURVEYING INC. I hereby certify that this plat, survey or report was prepared by me or under my direct supervision and that I am a duly Registered Land Surveyor u ',der the laws of the State O! Minne$ohl~ .,., _ /~ Date: ,J~lv Z']': 1~$9 Registration No. 14700 JOB It [ Boo~, - Page Sca~e PREPARED FOR WALTER GRAHAM iiA il MINUTES OF A MEETING Of THE MOUND ADVISORY PLANNING COMMISSION September I1, 1989 Ce Case No. 89-840: Walter Graham, 4520 Denbt~h Road, Avalon, Lots l, Z, 3, & Nely 1/2 of Lot 4, Block 2, P[D #19-117-23- 24 0006 & 0007. MINOR SUBDIVISION AND SETBACK VARIANCE. Bertrand explained the applicants request For a minor subdivision and setback variance. The proposed Parcel A has an existing home with 11,700 square Feet of lot area; and Parcel B, the proposed location For a new home, has 9,352.5 square Feet of lot area. There Is a detached garage For the existing dwelling on the property that wi11 be removed. The newly created Parcel-B will require a ZO Foot setback to both. the unimproved Anglesey Lane and Denblgh Road,. the applicant Is requesting a lO Foot setback to the unimproved Anglesey Lane For the proposed dwelling. Staff recommended approval of the lO foot side yard setback variance to the unimproved Anglesey Lane due to the shape and topography For the newly created Parcel B, part of Lot 2 and Lot I. Staff also recommended that Parcel A, the easterly portion of Lot 4, Lot 3 and the westerly portion of Lot Z Indicate a Future garage site on the survey as well as the legal descrfptlops of the newly created Parcel A and Parcel B. The applicant could apply For a vacation of Anglesey Lane to be converted From the street right-of-way to a utility, drainage, and walkway easement to alleviate the necessity For a variance. The DNR must have 30 days to comment on any vacation of roads abutting publtc waters, plus there ts additional time tnvolved For the public hearing process. Staff recommends that the minor subdivision be approved as the'survey submitted by Schoborg Land Surveying Inc. dated July Z?, I989 be revised as recommended by Staff. In addition, Bertrand reviewed the City Engineer's recommendation and comments which included the need For sewer and water For the easterly parcel, acknowledgment that there is a deficient unI~ assessment For the property, and that two off-street parking spaces for Parcel A must he"provided. The Commission discussed the need For vacating the street in or- der to alleviate the variance. Bertrand explained the length of time involved In processing a vacation and, therefore, recom- mended the variance be granted, then the vacation be_applied For afterwards. Bertrand suggested changing the. wording tn her recommendation as stated above to read ". . . The applicant com~d shall, apply For a vacation of Anglesey Lane . . ." ~1~ MOTION made by Thal, seconded by _Smith, to approve the City Engineer's recommendation and the Bul ldlng Off ! c i a ! ' s recommendat ion as fo ! 1 ows: Approval. of the minor subdivision and 10 Foot side yard setback variance to the unimproved Anglesey Lane due to the shape and topography of the newly created parcel, upon the following conditions: 1) The survey must indicate a future garage site in- cluding two (2) off-street parking spaces with a minimum of 650 square feet for Parcel A, the easterly portion of Lot 4, Lot 3, and the westerly portion of Lot 2. 2) The survey must indicate the legal descriptions of the newly created Parcel A and Parcel B. 3) The applicant shal I apply for a vacation of Anglesey Lane to be converted from a street right- of-way to a uti 1 ity, drainage, and walkway easement to alleviate the necessity for a variance. 4) Sewer and water services be installed prior to the City releasing the resolution For recording, or the City receive guarantee in the form of a cash deposit, letter of credit or a surety bond. s) Deficient unit assessment from 1978 street improve- ments in the amount of $1,170.90 must be paid. Motion carried unanimously. This case will be heard at the City Council meeting on September 26, 1989. ' CITY ()f N 'IOUND MOU~4[;. MINNESOTA 55364 ~612) 472-1155 CASE NO. 89-840 TO: FROM: DATE: Planning Commission, Applicant and Staff Jan Bertrand, Building Official ~ Planning Commission Agenda of September Il, 1989 CASE NO.: 89-840 APPLICANT: Walter Graham LOCATION: 4520 Denbigh Road LEGAL DESCRIPTION: Avalon, Lots 1, 2, 3, & Nely 1/2 of Lot 4, Block 2, PID #19-117-23-24 0006 & 0007 SUBJECT: Minor Subdivision and Setback Variance EXISTING ZONING: R-2 Single Family Residential PROPOSAL: The applicant is requesting a minor subdivision and a variance to construct a new dwelling on property which will be subdivided in the R-2 zoning district. The R-2 single family zoning district requires a minimum lot area of 6,000 square feet, a front yard setback of 20 feet, lO foot side yards, and a 50 foot setback from the ordinary high water elevation. The topography of this property indicates ap- proximately a 20 - 22 percent grade. On the survey, steepness of this lot indicates raising the existing grade at the Denbigh road side approximately 7 feet. The existing detached garage on the property will be removed. However, the existing house lot indi- cated on the minor subdivision does not show a future garage site for the remaining portion of the west half of lot 2, lot 3, and the east half of lot 4. With the subdivision of this property, the easterly portion no longer becomes a lot of record and would require a 20 foot setback to the unapproved Anglesey Lane and Denbigh Road. Anglesey Lane has a steep topography with storm sewer in it. The applicant has proposed a lO foot setback variance to the unimproved Anglesey. COMMENTS: The City Engineer will forward comments regarding the subdivision of this property. The survey company has been directed to revise the survey to indicate the legal description of Parcels A and B after approval of the subdivision. Parcel A 31o0 Page Two Case No. 89-840 with the existing home is proposed to be 11,700 square feet of lot area; Parcel B with the proposed location of a new home and garage has 9,352.5 square feet of lot area. I am enclosing a copy of the lot of record to the southeast of Anglesey Lane as there was a building permit obtained in 1985 which was approved to construct a new home within 7 feet of the unimproved Anglesey Lane. The required setback should have been 10 feet to the unimproved road due to the width of the lot between 40 and 80 feet for lots of record. RECOMMENDATION: Staff recommends the 10 foot side yard setback variance to the unimproved Anglesey Lane due to the shape and topography of this lot being created by subdivision of part of lot 2 to be combined with Lot ! (Parcel B). Staff recommends that Parcel A, the easterly portion of lot 4, lot 3, and the westerly portion of lot 2 indicate a future garage site on the survey as we11 as the legal descriptions of the newly created Parcel A and Parcel B. The applicant could apply for a vacation of Anglesey Lane to be converted from a street right-of-way to a utility, drainage, and walkway easement to alleviate the neces- sity for a variance. The DNR must have 30 days to comment on any vacation of roads abutting public waters, plus there is addi- tional time involved for the public hearing process. Staff recommends that the minor subdivision be approved as the survey submitted by Schoborg Lane Surveying Inc. dated July 27, !989 be revised as recommended by Staff. The abutting neighbors have been notified. This case will be referred to the City Council on September 26, 1989. McCombs Frank Roos Associates, Inc. RECEIVED SE? - $ IgC9 Twin Cities St. Cloud 15050 23rd Ave. N. Telephone Plymouth, MN 612/476-6010 55447 Facsimile 612/476-8532 September 5, 1989 Engineers Planners Surveyors Ms. Jan Bertrand Planning and Zoning City of Mound 5341Maywood Road Mound, MN 55364 SUBJECT: Proposed Subdivision of Land Walter 0raham Case #89-840 MFRA #9142 Dear Jan, As requested, we have reviewed subject land division and have the following comments and recommendations. 1) The proposed easterly parcel does not have an existing sewer or water service. We would recommend that either the services be installed prior to the City releasing the resolution for recording or the City receive guarantee in the form of a cash deposit, letter of credit or a surety bond. 2) The combination and subdivision of these lots results in a deficient unit assessment from the 1978 street improvements in the amount of $1,17o.90. 3) The topography of this area creates a very difficult building site. It appears any proposed home for the newly created parcel will have to be designed specifically to fit the property. 4) The existing driveway and parking area will end up with the vacant parcel created by the subdivision. The applicant will have to provide two (2) off-street parking spaces for the parcel with the existing house. If you have any questions or need additional information, please contact me. Very truly yours, McCOMBS FRANK R00S ASSOCIATES, INC. 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', .. . ....... 1~., ...'~.. ........... ~'~-... ' ......... ......... ~.:::~..:...~..~....~......~.. ..~.,~.-.~....~....~ ....... ~. ..~ ..................... - ................... :':':::::':~::::: ::: ~ ~ ~ .............. ............... ~.::::~'~ ~:::::~:::::.~,t:::: ...... CITY OF NOUND i~.']' 'i' {"~ :~ ~ ~, u ~ ~ ~ Date F t I ed APPLICATION FOR SUBDIVISION ~ LAND FEES: Minor Subdivision Application Park Ded. Other $50 (Please type or print the following Major Subdivision: Preliminary Plat Final Plat Escrow Deposit Park Dedication Other $150 $1oo ~ltO00 information.) Applicant's Name Day Phone Applicant's Address Fee Owner(s) ~JALTE~ print name print name Signature of Fee Owner mailing address Signature of Fee Owner This application must be signed by all the OWNERS of the property, or an explanation given why this is not the case. Property to be divided: Address/Location.,, Addition. i ~ ~ Block _ ~-. o~ proposed subdivision: isting Use of Property: Zoning District: ~ P I at J App 1 t cat i on for Subd f v i s f on Page Two .. Has an application ever been made For zoning, variance, conditional use permit, or other zoning procedure For this property? yes ~-~. IF yes, list date(s> of application, action taken, and provide resol~d~n number(s) (Copies oE previous resolutions must accompany this appl ication.) 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 tn this application by any authorized official of the City of Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by law. IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII/1111111111111111111111{111111111111111111 FOR OFFICE USE ONLY: ~7 ' ' Y~ Planning. Commission Recommendation Approved 9-11-89. Date Council Action: Resolution No. Date 9-26-89 PROFESSIONAL FEE RESPONSIBILII~' est in property located at ~l.~-X~ (property owner) do hereby authorize (applicant/developer) to represent inter- A binding legal agreement is in place between property owner and applicant, For the applicant to purchase and develop said property. It is the understanding of the undersigned that all City incurred profes- sional Fees and expenses associated with the processing of the zoning/subdivision request(s) will be promptly paid upon receipt. If pay- ment is not received From the applicant, the property owner acknowledges and agrees to be responsible for the unpaid Fee balance either by direct payment Or a special assessment against th'e property. Professional FeJs and expenses are due if the proposed project is either approved or denied. Property Owner %ppl t cant/Developer Date Date C[TT OF HOUND PART Il Case Date Filed Fee $50.00 VAR I ANCE APPL I CAT I ON PLANN t NG & ZON I NG COMM I SS I ON (Please type or print the 6ol lowing information.) Address of Subject Property, Z//~/~f Z~-- Lot ~ B ! ock Addition PID No. Owner's Name Day Phone Owner's Address Applicant's Name (if other than owner) Address Day Phone Ex-isting Use of prOperty: Has an application ever been made for zoning, variance, con~c~ittonal use permit, or other zoning procedure for this property? j~s/~no~' If yes, list date(s) of application, action taken, and provide resol~n number(s) (Copies of previous resolutions must accompany this application.) I certify that all'of the above statements and the statements contained in any required papers or plans to. be submitted herewith are true and ac- curate. I consent to the entry in or upon the premises described in this application by any authorized official of the City o6 Mound for the purpose of inspecting, or of posting, maintaining and removing such notices as may be required by )aw. / Applicant's Slgnature~/,/F~Zz$~/ .~'~'"7~ /1/1/1/1//////////lIlt/////////////////////////////////////////1////////// Plannin~ Commission Reco a ^pproved: ~s to apply for street vacation. Date 9-11-89 Council Action: Resolution No. Date [RIANCE APPLICATION Case No. Does. the present use of the property conform to all regulations For the zoning district fn~ which It Is located? Yes (.), No (). IF no, specify each non-conforming use: ~>~_~ '~It~p~ Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district In which it ts located? Yes ( ), No ( ). IF no, specify each non-conforming use:.-Th~ ~Tc.~,: ' t ~' ~ / Which unique physical characteristics oF the subject property prevent its reasonable use For any oF the uses permitted in that zoning district? (~too narrow (~topography ( ) soil ( ) too small (,) drainage ( ) sub-surface ( ' > too Shallow (~) shape ( .) other: specify Was the hardship described above created by the action of anyone having property Interests In the land after the zoning ordinance was adopted? Yes (), No f~). IF 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 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 ts the "minimum" modification (variance) from the area, bulk, and setback regulations that wi il permit you to make reasonable use your land? (Speci6y, using.maps~ site plans with dimensions ~nd wftU- ten explanation. / Wti ! granting, of the variance be matertally detrimental to property tn the same zone, or to the enforcement of this ordtnancel PART III SITE PLAN INFORMATION: All supporting documents such as sketch plansy attachments? etc.? must be submitted in 8-1/2"x11" size. If 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- ing the following information= Location, area, and dimensions of existing and proposed: (Lot(s), building(s), driveway(si/street access, off-street parking, and utiliti.es. 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. 31 II 3liP. Lots 2,3 and the No~heasterly half of Lot 4, all in Block 2 of Avalon, aCcordino to the plat thereof on file and of record in the office of the ReGistrar of ~tles in and lot said County of Hennepin. Above par of Lot 4 is subject to minerals and mineral rights rescued by ~e State of Minnesota in D~. No. ~B~, Files et ReGistr~ o~ Titles. ~so. Lot 1 in Block 2 of Avalon, accordin9 to lhe plat thereof on file and of re.rd in the o~ce of the Reoistrar of ~tles in and for said Coun~ of Hennepin. I hereby certify thai this plar, survey or report w~s JO~ J SCHOBORG pr.paredbym, o~u.~.r~y~ir,c~sup.~visio.,.~a~'am ~ PREPARED FOR a duly Registered Land Surveyor u '.der the I~ws of the State ~ND SURVEYING. ~ mNC.¢~ 7- ~o~, ~ _~~~~ ~-~,,,z~ WALTER ..,,,..~ o,,.. ,].ly z~. ~ ,..,,~,,,,,,.~.o. ,~00 I"= ~0' GRAHAM CERTIFICATE OF SURVEY I.AND SU RVE;YOI~$~' Survey for: LAUBACH CONSTRUCTION DESCRIPTION: Lot 6, Block 1, / AVALON I?t3 DUPONT AVENUE SOUTH I~LOOMINGTON. MINN. ~4~0 Proposed Grades: Top of Blocks Garage floorI Basement floor Scale: 1" = 16' '. ~o~_ We hereby that this is a correct representation of a survey of the boundaries of the land above described and of the location of all buLtdings, ~f any, thereon and all visible encroachments~ if any~ from or on_said/~nd. Dated this 6th day of Septe~ber , 19 ~ . ' .. Commercial motor vehicles, DWI, and driver's license Chapter 307 (H.F.927). defines bus as a vehicle to carry more than 15 passen- gers, including the driver. The law makes~it a misdemeanor to operate a commercial motor vehicle ff the opera- tor's blood alcohol content is 0.04 or greater. Refusal to take an alcohol test would be grounds to disqualify a person from operating a commercial vehicle for a year. The law adds a fourth license class as an endorsement on class "C" licenses to transport hazardous mate- rials. The law adopts a driver's license compact which gives effect to out-of- state convictions. Effective January 1, 1990. Failure to appear in court a crime Chapter 333 (H.F.702) provides that failure to appear for a petty misde- meanor is considered a plea of guilty and a waiver of the right of trial. A person charged with a gross misde- meanor or misdemeanor who intention- ally fails to appear is guilty of a misdemeanor. Effective August 1, 1989. Conciliation court jurisdiction Chapter 344 (H.F.13) increases the conciliation court jurisdictional amount to $3,500, except in consumer credit transactions. On July 1, 1990, the jurisdictional amount increases to $4,000. The law allows cash bail to be paid to creditors, and sets new stand- ards for awarding costs on removal from conciliation court. Effective August 1, 1989. Local contribution to economic development organization Chapter 165 '(H.F.719) allows cities and towns to appropriate up to $50,000 annually out of the general revenue fund to any incorporated development society or organization of this state for promoting, advertising, improving, or developing the economic and agricul- tural resources of the city or town. Effective August 1, 1989. Local jurisdictions may participate in secondary markets Chapter 317 (H.F.65) authorizes local jurisdictions involved in economic development to participate in second- ary markets. A municipality may sell at private or public sale, at the price set by the municipality, any note, mort- gage, lease, sublease, lease purchase, or other instrument or obligation evi- dencing or securing a loan made for the purpose of economic development, job creation, redevelopment, or commu- nity revitalization. Sales must be part of a pool of instruments on behalf of one or more other municipalities, port authorities, housing and redevelopment authorities, or rural development finance authorities. These restrictions do not apply if the sale is a public sale or if the proposed sale is submitted and approved by the commissioner of com- merce. Effective June 2, 1989. Solid waste disposal on agricul- tural land Chapter 131 (S.F.281) allows nuisance free, pollution free, aesthetic disposal of household solid waste on agricultural land. The law requires the solid waste management assistance plans to iden- tify portions of the waste stream for application and mixing into the soil and use in agricultural practices. Effective May 16, 1989. ~acation of roads abutting pub-~c~ water Chapter 183 (H.F.400) requires writ- ten notice to the commissioner of nat- ural resources of the vacation of roads, highways, streets, alleys, and similar public grounds that terminate at or abut upon any public water, at least 30 days before the public hearing on the pro- posed vacation. Effective August 1, Dedicated cash payments Chapter 196 ($.F.811) expands the use of publicly dedicated subdivision prop- erty and cash payments made in lieu of such a dedication. The law provides that subdivision regulations may require that a reasonable portion of any proposed subdivision be preserved or cash payment may be required for conservation purposes or for for wet- lands. Effective August 1, 1989. Recycling in state parks Chapter 205 (H.F.527) requires state park managers to provide and maintain adequate receptacles for recycling in all state parks. The state park managers must, where practicable, recycle the materials, provide for the local unit of government to recycle the materials, or contract with private non-profit groups for recycling. Waste management act Chapter 325 ($.F. 530) makes many amendments to the state's solid waste laws, including: increasing the maxi- mum tipping fee a city may impose on solid waste disposed .of at facilities located within the city from 35 cents to $1 dollar per cubic yard of waste; creating a landfill contingency fund for all counties in Greater Minnesota simi- lar to the metropolitan fund; and clari- fying that a local government which organizes collection of 'solid waste may itself engage in anticompetjtive practices. ~ When a political subdivision is liable as an owner or operator of a disposal facility the law limits the liability of each political subdivision to $400,000 at each facility unless the facility was owned or opera, ted under a valid joint powers agreement in which case the aggregate liability of all governmental parties is $1.2 million. The legislative commission on waste management must prepare a report on whether a local unit of government should ensure just and reasonable com- pensation to solid waste collectors who are displaced when a local unit of government organizes solid waste col- lection. The bill appropriates $10,000 and requires that the commission com-, plete its report by January 31, 1990. Petroleum tank releases Chapter 226 (S.F.997) authorizes the Pollution Control Agency (PCA) to use the petroleum tank dean-up fund to pay for PCA administrative costs. The law requires the petroleum tank release board to reimburse for 90 per- cent (currently 75 percent) of the por- tion of the total reimbursable costs up to $250,000 for a single release regard- less of the number of eligible people. Owners of working or abandoned above ground storage tanks must notify the PCA by June 1, 1990 or within 30 days of installation or discovery, whichever is later. Effective May 22, 1989. ,\ 0 PROPOSED RESOLUTION Case No. 89-841 RESOLUTION #89- RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION TO ALLOW A FRONT YARD SETBACK, SIDE YARD SETBACK, AND LOT SIZE VARIANCE FOR LOT 8, BLOCK 7, DREAMWOOD, PID #13-117-24-21 0018, (1677 AVOCET LANE), P&Z CASE NO. 89-84! WHEREAS, the applicant has applied for a variance to recog- nize an undersized lot of 4,480 square Feet, an existing noncon- forming side yard setback of 4.4 feet to the north property line to allow construction of a second story addition, and a ?.7 Foot setback to the front property line to allow construction of a one story garage For Lot 8, Block ?, Dreamwood, PID #13-117-24-2! 0018, and WHEREAS, the subject property is located within the R-3 Single Family Zoning District which according to the City Code requires a lot area of 6,000 square feet, a 50 foot lakeshore setback, a 10 and a 6 foot side yard setback for "lots of record", and a 22.I5 foot front yard setback (averaging the ad- joining 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 undersized lot of 4,480 square feet, and the eixsting non- conforming principal structure setback to the north property line of 4.4 feet for the property located at I677 Avocet Lane, Lot 8, Block 7, Dreamwood, PID #13-117-24-1 0018. The City Council authorizes the existing nonconforming lot size and structural setback violations and authorizes the alterations set forth below, pursuant to Section 23.404, Subdivision (8) with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 23.404. PROPOSED RESOLUTION Page Two CASE NO. 89-84l It is determined that the livability of the residential property will be improved by the authorization of the Fol- lowing alterations to a nonconforming use of the property to afford the owner reasonable use of his land. To construct a one story 22' x 22' garage 6 feet from the north property line, 10 feet from the south property line, and 7.7 Feet From the Front property line. To construct a second story addition ~ Feet From the north property line, 10 Feet From the south property line, 22.)5 Feet From the Front property line, and 50 Feet From the Ordinary High Water elevation. Upon the following conditions: 1) The structure's Floor area will be increased above the 840 square Foot minimum· 2) The garage doors will Face the east Front property line with a 7.7 Foot setback. 3) The existing basement will be converted to a crawl space only, with the electrical wiring, heating equip- ment, and the plumbing sewer line to meet the Flood plain regulations of the State Building Code. 4) The well on the site will be abandoned to meet the State Health Department regulations For abandonment of water wells. This variance is granted for the Following legally described property: Lot 8, Block 7, Dreamwood, PID #13-117-24-21 0018. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Min- nesota State Statute, Section 462.3595, Subdivision (4). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs For such recording. The building permit shall not be issued until proof of recording has been Filed with the City Clerk. $115 MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION September 11, 1989 de Case No. 89-841: Douglas Vogel, 1677 Avocet Lane, Dream% wood, Block 7~ Lot 8, PID #I3-117-24-Z1 0018. LOT AREA AND SETBACK VARIANCE. Bertrand explained the applicant's request for variances to allow construction of an attached garage, a second story addition, and enclosing the existing deck with a three season porch. The variances being requested are a lot size variance of 1,520 square feet, a front yard setback variance of 14.45 feet (making the garage setback ?.7 Feet from the front property line), and a side yard setback variance of 2.35 feet. StaE~ recommendation was for approval due to drainage and topography upon the following conditions: The structure's floor area will be Increased above the 840 square foot minimum· · The garage doors will face the east Front property line with a ?.? Foot setback. The existing basement will be converted to a crawl space only, with the electrical wiring, heating equipment, and the plumbing sewer line to meet the flood plain regulations of the State Building Code. The well on the site wi11 be abandoned to meet the State Health Department regulations for abandonment of water wells. Sohns questioned If this ts not a case of over-building on a'lot. The proposed two story building 7.7 Feet From the Front property line with discussed. The Commission determined they would prefer to see only a one-story structure at the ?.7 Foot setback, with the two story portion beginning at the required front yard set- back of ZZ.15 Feet. It was determined that there would be enough off-street parking spac~ on the lot. The applicant informed the Commission that he did contact the owner of the adjoining parcel a'nd offered to purchase iO feet of their property, however, the owner decided not to sell. The Commission discussed optional floor plans to allow the proposed second level addition to be moved back to the 22.15 foot front yard setback. They also explored the option of moving the garage addition back to the required 6 foot side yard setback. The applicant stated that he could comply with these require- ments~. MOTION made by Sohns, seconded by Thal, to approve the lot size variance of 1,520 square Feet, a 1.6 foot side yard setback variance to the north property line to al- low a second story addition, and a 14.4S Foot Front yard setback variance For a one story garage addition. The second 1eve1 addition must conform to the required 22.15 Front yard setback. The motion also includes the condi- tions outlined tn the staff recommendation. Motion carried unanimously. This case will be heard by-the City Council on September 26, 1989. CITY ()f MOUND 5341 MAYWOOD ROAD MOUND MINNESOTA 55364 (612) 472-1155 CASE NO. 89-841 TO: FROM: DATE: Planning Commission, Applicant and Staff Jan Bertrand, Building Official Planning Commission Agenda of September Il, 1989 CASE NO.: 89-841 APPLICANT: Douglas A. Vogel LOCATION: 1677 Avocet Lane LEGAL DESCRIPTION: Oreamwood, Block 7, Lot 8, PID #13-117-24-21 0018 SUBJECT: Lot Area and Setback Variance EXISTING ZONING: R-3 One & Two Family Residential PROPOSAL: The applicant is proposing to construct a two story attached garage on the Front side of the dwelling in line with the existing 4.1 to 3.65 Foot side yard at the north property line, a second story on a portion of the existing dwelling, and enclosing the existing deck at the southwesterly portion with a three season porch. There is an alternate in his proposal to Face the overhead garage doors to either the easterly Avocet street Front, or the southwesterly side yard. The R-3 one and two Family zoning district requires a minimum lot area of 6,000 square feet for a single family home, a 30 foot Front yard setback, a 10 Foot and a 6 Foot side yard setback for "lots of record," and a 50 Foot lakeshore setback to the west. COMMENTS: The appraised valuation for 1989 property tax informa- tion indicates a building value of $30,700. The renovation being proposed will exceed 50 percent of the existing market value. The applicant is proposing to increase the Floor area above the minimum 840 square feet, it presently has 653 square feet of usable Floor area. The proposed 22' x 22' attached garage is two story with an existing 6' x t2' section of the dwelling to be removed at the Front. The wall line of the north side is proposed to extend in-line with the existing 4.i' side yard set- back. The resolution for the variance in 1982 stated that the Page Two Case No. 89-841 deck could not be enclosed without additional variance review· The neighboring house to the north, abutting the 4.1 to 3.65 Foot extension of the house is 2.9 to 4.3 foot from the property line. The neighboring structure is low on the lot and would receive ad- ditional run-off from the addition. The survey submitted was revised on August 22, 1989 to indicate the lowest floor elevation at the basement at 930.42 N.V.G.D. which establishes the floor 3.I feet below the minimum flood hazard elevation of Lake Mirt- h,tonka. As the work being proposed will exceed the 50 percent value from the flood plain regulations of the City Ordinance, it would require that the lowest floor be converted to crawl space type arrangement, including removal of all the electrical outlets and wiring above the flood el'evation, furnace and heating sys- tems, as well as all plumbing to be protected as required for flood proofing structures. RECOMMENDATION: Staff recommends approval of the lot area variance of 1,520 square feet and the 14.45 foot front yard variance from the required 22.15 foot setback (averaging the ad- joining setbacks), and denial of the side yard setback variance of 2.35 feet due to drainage and topography conditioned upon the following: The structure's floor area will be increased above the 840 square foot minimum. The garage doors will face the east front property line with a 7.7 foot setback. The existing basement will be converted to a crawl space only, with the electrical wiring, heating equipment, and the plumbing sewer line to meet the flood plain regulations of the State Building Code. e The well on the site will be abandoned to meet the State Health Department regulations for abandonment of water wells. The abutting neighbors have been notified· This case will be referred to the City Council on September 26, ]989. CITY OF MOUND PART I1 Fee $50.00 VARIANCE APPLICATION PLANNING & ZONING COMMISSION (Please type or print the following information.) Address of-Subject Property Lot ~ Block Addition ~) ~'/~m/z~ o ~ PID No. Owner's Name ~/~, ~, ~//2A/~OW ~x~£.~ Day Phone Owner's Address ~.~. /~ //~¢~ ~7~. ~X., ~ v~-?// App]icant's Name (t~ other than owner) ~?~ ~, ~?~ ~y~ Address /~ 7 ~ ~g0~ /~/V~ ~g~'~ Day Phone ¢/~- WT~- 7~D ~ Existi.ng Use of Pr°perty.: Zon ing D i str ! ct /~-~ Has an application ever been made for zoning, varianc~.~condttlonai use permit, or other zoning procedure for this property? ~e~s~/ no' If yes, list date(s) of application, action taken, and provide resolution number(s) I certify that al 1 ' of the above statements and the statements contained !n 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 appl icati'on 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. App 1 i cant' s Si gnature Date ~-- ~C~-~ ~ //////////////////////////'l//////I///////I////////////////////////////////// FOR OFFICE USE ONLY: Planning Commission Recommendation Approved ~0t size variance, 1.6 foot side yard variance, and 14.45 foot front yard variance for one story addition 0n]y, with conditions. Date 9-11-89 Council Action: Resolution No. Date 9-26-89 Does the present use of the property conform to all regulations for the zoning district t~n which it is located? Yes (>~), No (). If no, specify each non-conforming use: Do the existing structures comply with all area, height, bulk, and setback regulations For the zoning district in which it fs located? Yes (), No (~). If no, specify each non-conforming use: 4.4 ~ 4.1 ~ ~,~- ~ ~'~/4 ~r~ ~~ X/~. l/~'x ~o' ~o Which unique physical characteristics of= the subject property prevent its reasonable use for any of the uses permitted in that zoning district? (~/~ too narrow (~,~) too small ( too shallow ( ) topography ( ) drainage ( ) shape ( ) soil ( ) sub-surface ( -) other: specify Was the hardship described above created by the action o¢ anyone having property Interests In the land after the zoning ordinance was adopted? Yes (PO, No (). If yes, explain ~V~ ~~ ~//~ · '5° Was the hardship created by any other man-made change, such as the re]ocatfon of a road? Yes ( ), No (~). if yes, explain VARIANCE APPLICATION Ge Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes ( ), No (~). If no, how many other properties are similarly affected? What is the "minimum" modification (variance) from the area, bulk, and setback regulations that will permit you to make reasonable use of your land? (Specify, using maps, site plans with dimensions and writ- ten explanation. ~,~ WI11 granting, of the variance be materially detrimental to property in the same zone, or to the enforcement of this ordinance? Ue PART llI SITE PLAN INFORMATION: All supportinq documents such as sketch plans, attachments, etc., must be submitted in 8-I/2"xtI" size. If 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 stte 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(si/street access, off-street parking, and utilities. 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 i city staff and applicable sections of the Zoning Ordinance. Councilmember Swenson moved the following resolution. 2o9 July 13, '1982 RESOLUTION NO. 82-186 RES.OLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE THE VARIANCES AS REQUESTED WITH THE ADDITION OF A 10 x 12 FOOT DECK TO BE OPEN ONLY - LOT 8, BLOCK 7, DREAMWOOD WHEREAS, the owner of property described as Lot 8, Block 7, Dreamwood, has applied for variances of 3.3 feet sldeyard, 1512 square foot lot size, 335 square foot house size and a 6.2 foot front yard, and WHEREAS, WHEREAS, the request is being made because the former owner gutted the dwelling and the present owner would like to rebuild the existing dwelllng and add a 10 foot by 12 foot deck to square up the back of the house, and the Planning Commission recommended approval of these variances, and WHEREAS, the present owner will bring everything up to code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MN.: That the Council does-hereby concur with the Planning Commission recommendation to approve the variances as requested and does approve the addition of a 10 foot by 12 foot deck. Deck is to be an open and not enclosed. A motion for the adoption of the foregoing resolution was duly seconded by Councilmember Ulrick and upon vote being taken thereon; the following voted in favor thereof: Polston, Swenson, Ulrick and Lindlan; the following voted against the same: none; with Councilmember Charon being absent; whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: City Clerk - .\ o © o 653 sq ft of usable ]iv~ng space .4 VO C, b'7- L ,4,/~- / /' &AA. 7~ t "I I I l [ I t / ! - EIOO.OOFIE i.] [ I'[] I-'I.F_ .'I 0 FI ITII 213Z. MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT ~.,opyright 1988, by Hannopin County Bar Asaociation, Minneapolis, Minnesota. BEFORE YOU USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH AN ATTORNEY TO DETERMINE THAT THIS CONTRACT ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. Hennepin County Bar Association discl~rns any liability arising OUt of use of ~ tom1. ,19.~-..L, by and between ,of · Is joint tenants I~i~e "joint tenant' _ 2. ...OFFER/ACCEPTANCE Buyer offers to purchase and Seller agrees to sell re/~ property legally described as t t 3. ACCEPTANCE OEADLINEL~T~isoffer to purchase, unless accepted sooner, shall be null and void at 11:59 P.M. 12. (bate)C'_~ .~.=~-.~' ~. ~ i~ and in such ovant all samest money shall be refueded to Buyer. 13. 4. PERSONAL PROPERTY AND FIXTURES INCLUDED IN SALE. Tho fotiowing items of personal property and fixtures owned by Seller and 14. currently located on the property ers included in this sail (Strike out items not included]: garden bulbs, plante, shrube, trees, storm windows and 15. inserts, storm doors, screens, awnings, window shades, blinds, curtain-traverse-drapery ~s, attached lighting r~-tures with bulps, plumbing fixtures, 16 sump pumps, water hoaters, hoating systems, hoating stoves, ru'e~ace insets, r.'eplans doors and sc. mens, built.in humidifiers, built-in air condition. ! 7. lng units, built-in electronic ~ filters, automatic garage door openers with controls, television antennas, water .oftafrers, built-in dishwashers, garbage t8 disposals, buift-in trash compactor'., bu!lt-in ovens and cooking stoves, hood-fa~. _, iDtor~oms, instalie~ carpeting, wj>rk benches, .security systems, 21, Upon delivery~of the deed, Sailer ~hall also deliver a Biff of Sale for the above I~rsonst property. 22, 5. PRICEANDTERMS. The price lor the reel and pareonsl property inoluded in tbls seil il .~{'~ "?/~ta.~..~..(~ ~.~..~ 23. ~ ~,e,~, ~ O~ere(S "~,~,.C,cv~_~ t 24. which Buyer shall pey as follows: Earnost money ol $ ~'C~L'%. (::)('~ ~ by.(caS.~st~ewh/cb); 25. receipt of which is hereby ~ ~ eext-busine~rday-a~.a~;epra~;e-~a'u~f , ' 26. ~)and$- _~:' I. ,~.,/-~, cashon ~4,//',4~ tho DATE OF CLOSING, 27. and the balance of $ (.~?',~-'~, ~ C5C~ ' by financing as shown/./on ~ attached Financing Addendum. 28. 6. DEED/MARKETABLE TITLE- Upan performance by Buyer, Seller shelf execute and deliver a _/~'~_ .~u ~. r'~.. { Wan'anty 29 Deed, joined in by spouse, if any, conveying marketable title, subject to: 30. (A) Building and zoning laws, o~linences, state and federal regulations; 31. (B) Restrictions relating to use ~ knpuwemsnt of the property without effective forfeiture provilinns; 32 (C) Reservation of any mineral rights by the State of Minnesota; 33. (D) Utility and drainage easements which do not intedere with existing improvementa; 34. (E) Exceptions to titil which constitute encumbrances, restrictions, or easements which have been disclosed to Buyer and accepted 35 by Buyer in this Purchase Agreement; (Must be specified in writing.). 36. 37. 38 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS. Real estate taxes due and payable in and for the year of closing shall ho prorated 39 between Selilr and Buyer on a ceilndar year basis to tho actual date of closing, unless otherwise provided in this Agreement. 40 41 of special assessments certified Ior payment with the real estate taxes due and payable in the year of closing. 42 [ S~nke ~ut ~ne ] ~j~f[~.~P~-~ELLER ~HALL PAY ~N DATE ~F cL~S~NG al~ ~ther spscta~ essessments ~evied es of the data of this 43 agreement. 44 [St.~e out one'] ~ELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as of the date of this 45 agreement for improvements that have been ordered by the City Council or other governmental assessing authorities. (Seller's provision for payment 46 shall ho by payment into escrow of 1~..~ times tho estimated amount of the assessmenta.) As of the date of this Agreement, Seller represents that Seller 47 has not received a Notice of Hearing of a new public improvement project from any governmental assessing authority, the co~ts of which project may 48 ho assessed against the property. If a special assessment becomes pending after the date of this Agreement and before the date of ctosing, Buyer 4~ may, at Buyer's option: 50. A. Assume payment of the pending special assessment without adjustment to the purchase agreement price of the property; or, 51. B. Require Seller to pay the pending special assessment (or escrow for payment of same es provided above) and Buyer shall pay a commens- 52 urete increase in the purchase price of the property, which increase shall ho the same as the estimated amount of the assessment; or, 53 C. Declare this .~at~r?e_me.nLnu_ll and void by notice to Seller, and earnest money shall be refunded to Buy~'. 54 [Strike out one] ~E/SELLER SHALL PAY ON DATE OF CLOSING any deferred real estate taxes or specieJ assessments 55. payment of which is required as a result of the closing of this sail. 56 Buyer shall pay real estate taxes due and payable in the year following closing and thereafter and any unpaid special assessmsn~ p~_~bl~. ~?rewith 57 and the.[sale, the payment of which is not otherwise provided herein. Seller war,ants that texas due and payable in the year(s) ~ 58. will be ~_LL~_~ART, NON-/state which~ hornsstesd classification. Seller makes no representation concerning the amount of future real estate taxes 59. or of future--"s-IC)ecist assessments. 60. a. DAMAGES TO REAL PROPERTY. If the real property is substantially damaged prior to closing, this Agreement shall terminate and the earnest 61 money shall be refunded to Buyer. Il the real properly is damaged materially but less than substantially prior Io closing, Buyer may rescind this 62 Agreement by notice to Seller within twenty-one (21) days after Seller notifies Buyer of such damage, during which ZI-day period Buyer may inspect 63 the real property, and in the event of such rescission, tho earnest money shall be refunded to Buyer. 64. 9. SELLER'S BOUNDARY LIN~ ACCESS, RESTRICTIONS AND LIEN WARRANTIES. Seller warrants that buildings, if any, are entirely within 65 the boundary lines of the proper~y. Seller warrants that there is a right of access to the real property from a public right of way. Seller warrants that 66. there has been no labor or material furnished to the property for which payment has not been made. Seller warrants that there are no present 67 violations of any restrictions relating to the use or improvement of the property, These warranties shall survive the delivery of the deed or contract for 68 deed, 69 10. CONDITION OF PROPERTY. Seller warrants that all appliances, fixtures, heating and air conditioning equipment, wiring, and pfumbing used and 70 located on the property are in working order on the date of closing. Seller [ 5~'n/~e a~e ) HAS/I'~T had a wet basement or water in the basement. 71 Seller discloses that the roof [$I.~ one ]~/HAS NOT leaked. Seller warrants that the property iS connected DO: city sewer (YES/II}) city water 72 (YES/I~); cable TV (YES/I~). Seller shall remove all debris and alt personal property not included in this sale from the property before possession 73 date. Selilr has not received any notice from any governmental authority as to the existence of any dutch elm disease, oak wilt, Or other disease of 74 any trees on the property. 75 Selier~ warranties and representations contained in this paragraph 10 shall survive the delivery of the Deed or Contract for Deed, provided that 76 any nopce of a defect or claim of breach of warranty must be in writing and given by Buyer to Seller within One year of the date of closing or be deemed 77 waived. Buyer shall have the right to have inspections of the property conducted prior to closing, Unless required by local ordinance or ilnding regulations, 139. ~40 141. 142 143 t46 ;;~NESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT/PAGE 2 11. DISCLOSURE OF NOTICES. Seller has not received any notice from any governmental authority as to viotstio~ ot any law, ordinance or regule- 83 tion. II the property is subject lo restrictive covenants, Seller haa not received any notice from any person as to a breach gl the covenants. 84. 12. TRUTH-IN.HOUSING. Buyer acknowledges mceipl of the Truth-in-Housing Disclosure Report or other inspection report if required by lhe munic- 85. /~li~y ~ which th~ p~e~y.~ 86. 13. POSSESSION. Seller shall deliver possession of the property not later than 87. closing. All inte~st, fgal oil, I~id~petroieuR~ gas, and all charges Ior city water, city sewM, electricity, and netural~gee sha~kbe prorated between the 89. 14. EXAMINATION OF TITLE. Within a reasonable time after acceptance of this Agreement Seller shall furnish Buyer with an Abstract of Title or a 90. Registered Property Abstract certified to date inctuding proper searches covering bankruptcies and State and Federal judgments, liens, and levied g 1. and pending special assessments. Buyer shall have ten (10) business days after receipt of the Abstract of Title or Registered Property Abstract either 92 to have Buyer's attorney examine the title and provide Seller with written objections Or, at Buyer's own expense, to make an application for a Title 93. Insurance Policy and noti6/Seller ol the applCatlon. Buyer ahall have ten (10) business days after receipt of the Commitment for Title Insurance to 94 prov,~e Seller with a copy of the Commitment and wriftan objections. Buyer shall be deemed to have waived any title objections not mede within the 95. applicable ten (10) day period for above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless 96. a Warranty Deed is not specified above. 97. 1 $. TITLE CORRECTIONS AND REMEDIES. Seller shall have 120 days from receipt of Buye, ~ wdttan title objections to make title marketable. Upon 98 receipt gl Buyer's title objections, Seller shall, within tan (10) business days. notify Buyer of Se~ler's intention to make title marketable within the 120 99 day period. Liens or encumbrances for liquidated amounts which can be released by payment or escrow lmm proceeds of closing shall not delay the 100. closing. Cure of the defects by Seller shall be reasonabts, diligent, and prompt. Pending corraction of title, all payments required herein and the 101 closing shell be postponed. 102. A. If notice is given and Seller makes title marketable, then upon presentation to Buyer and proposed lender of documentation establishing that 103. title has been made marketable, and if not objected to in the same time and manner as the original title o~ons, the closing shall take piece 104 within ten (10) business days or on the scheduled ctosing dale, whichever is letar. 105 B. If notice is given and Saber proceeds in good faith to make title marketable but the 120 day period expires without title being made marketable, I06 Buyer may declare this Agreement null and void by notice to Seller, neither per'q/shall de liable for damages hereunder to the other, and 107 earnest money shall be refunded to Buyer. 108. C. If Seller does not give notice of intention to make title marketable, or if notice is given but the 120 day period expires without title being made 109 marketable due to Seller's failure to proceed in good faith, Buyer may seek, as permitted by law, any one or more of the following: 110. I. Proceed to closing without waiver or merger ia the deed of the objections to title and without waiver of any remedies, and may: 111 (a) Seek damages, costs, and.raasonabts attorney's fees from Seller as permitted by law (damages under this subparagraph (a) shall 112 be limited to the cost of curing objections to title, and consequentia] damages aye excluded); or, t 13 (b) Undertake proceedings to correct the o~jections to title; 114. 2. Rescission ol this Purchas~ Agreement by no0ce as provided herein, in which ca~. the Purchese Agreemant shall be null and void 115. and all earnest money paid hereunder shall be refunded to Buyer; 116. 3. Damages from Seller including costs and reasonable attorney's fees, as permitted by law; 117. 4. Specific perlormance within six rnonths after suoh right of action arises. t 18. D. If litle is marketable, Or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of t 19 the following options, as permitted by law: 120. 1. Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge 121. their intention that any note given pursuant to this contract is a down peymant note, and may be presented for payment notwithstanding 122. cancellation; 123. 2. Seek specific performance within six mo~ths after such right of action arises, including costs and reasonable attorney~ fees, as 124. permitted by law. t 25. E. If title is marketable, Or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitteq by 126. law: 127. 1. Seek damages from Seller including costs end reasonable attorney's fees; 128. 2. Seek specific performance within Nx months after such right of action arises. 129. TIME IS OF THE ESSENCE FOR ALL PROVISIONS OF THIS CONTRACT. 130. 16. NOTICES. All notices required herein shall be in writing and delivered personally or mailed to the address as shown at Paragraph I., above and 131 if mailed, are effective as of the date of m~ailing. ,32. ~7. AGENCY D~SCLOSURE. <..~.~,~.~.-,,~ ~"*~'1 D~S- 133. CLOSES HE OR SHE IS REPRESENTING THE (BUYER OR SELLER) IN THIS TRANSACTION. THE LISTING 134 AGENT OR BROKER DISCLOSES THAT HE OR SHE IS REPRESENTING THE SELLER IN THIS TRANSACTION. INITIALS _ INITIALS INITIALS INITIALS (Date) (Date) / '" (Date) (Date) 135. 18. SUBDIVISION OF LAND. If this sale constitutes or requires a subdivision of land owne~ by Seller, Seller shall pay all subdivision expenses and 136 obtain all necessary govemmantal approvals. Seller wan'ants that the legal description of Y~e real property to be conveyed has been or will be 137 approved for recording as of the date of closing. 138 19. MINNESOTA LAW. This contract shall be governed by the laws of the State of Minnesota 21. ADDENDA. Attacheq are (number) ~/addenda which are made a part of this Agreement. THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING, CONSULT A LAWYER. Minnesota law pormlta licensed real estate brokem and selee agenta to prepare purchase egmementa. No recommenda- tion or representation la made by either the Ileflng broker or selling broker as to the legal aufflclency, the legal effect, or the tax conaequencee of thle contract. These am queetlona for your lawyer. I agree to sell the property for the price and terms and ~ set fourth above. 2" -- SELLER [ ~_~.~.~z' _~~//~-/~/~¢ SELLER. Closing shall be at the office of: Name. Comcany~irmName I agree to pumhass the property for the price and terms a nd condO, i?_ ns set~h a/.b~;~e. //.// BUYER (Date) Address Proposed Resolution Case No. 89-842 RESOLUTION #89- RESOLUTION TO APPROVE MINOR SUBDIVISION FOR LOTS 43, 44, 45, AND ALL THAT PART OF VACATED STREET, BLOCK 10, PEMBROKE, PID #19-ll7-23-33 0192/0193 (4669 CUMBERLAND ROAD), P&Z CASE NO. 89-842 WHEREAS, the minor subdivision of Lots 43, 44, 45, and all that part of Vacated Street, Block 10, Pembroke, PlO #19-117-23- 33 0192/0193 has been submitted in the manner required for plat- ting of land under City of Mound Ordinance Code, Section 330 and under Chapter 462 of the Minnesota State Statute and all proceed- ings have been duly conducted thereunder; and WHEREAS, an application to waive the subdivision require- ments contained in Section 330 of the City Code has been filed with the City of Mound; and WHEREAS, said request for waiver has been reviewed by the Planning Commission and City Council; and WHEREAS, it has been determined that there are special cir- cumstances affecting said property such that the strict applica- tion of the 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 would not be detrimental to the public welfare or injurious to the other property owners. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: The request of the applicant For a waiver from the provi- sions of Section 330 of the City Code and the request to subdivide property of less than five acres, described as follows: Lot 43 and the west 10 feet of Lot 44 also all that part of vacated street lying between the westerly extensions across it of the north and south lines of said Lot 44, Block ]0, Pembroke, rID #19-117-23-33-0192; and Lot 45 and the east 40 Feet of Lot 44, Block lO, Pembroke, rID #19-1]?-23-33 0193. Page Two Proposed Resolution Case No. 89-842 Ae It ts hereby granted to permit the subdivision as per the following descriptions: ~ Parcel A: Lot 43 and all that part of the vacated street lytng between the easterly extensions across it of the north, and south lines of said Lot 43 in said Block lO, Pembroke. Parcel B: Pembroke. Lot 44 and Lot 45 in said Block lO, Upon the following condition: i) Ali delinquent taxes must be paid prior to the recording of this document. it is determined that the foregoing subdivision will constitute a desirable and stable community development and It is In harmony with adjacent properties. The City Clerk is authorized to deliver a certified copy of this resoiution to the applicant for filing in the office of the Register of Deeds or the Registrar of Tttles of Hennepin County to show compliance with the subdivision regulations of the City. This lot subdivision is to be filed and recorded within 180 days of the adoption date of this resolution. Proposed Resolution Case No. 89-842 RESOLUTION #89- RESOLUTION TO APPROVE MINOR SUBDIVISION FOR LOTS 43, 44, 45, AND ALL THAT PART OF VACATED STREET, BLOCK lO, PEMBROKE, PID #19-117-23-33 0192/0193 (4669 CUMBERLAND ROAD), P&Z CASE NO. 89-842 WHEREAS, the minor subdivision of Lots 43, 44, 45, and all that part of Vacated Street, Block 10, Pembroke, PlO #19-117-23- 33 0192/0193 has been submitted in the manner required for plat- ting of land under City of Mound Ordinance Code, Section 330 and under Chapter 462 of the Minnesota State Statute and all proceed- ings have been duly conducted thereunder; and WHEREAS, an application to waive the subdivision require- ments contained in Section 330 of the City Code has been Flied with the City of Mound; and WHEREAS, said request for waiver has been reviewed by the lanning Commission and City Council; and WHEREAS, it has been determined that there are special cir- cumstances affecting said property such that the strict applica- tion of the 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 would not be detrimental to the public welfare or injurious to the other property owners. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: The request of the applicant For a waiver From the provi- sions of Section 330 of the City Code and the request to subdivide property of less than five acres, Uescribed as Follows: Lot 43 and the west 10 feet of Lot 44 also all that part of vacated street lying between the westerly extensions across it of the north and south lines of said Lot 44, Block 10, Pembroke, PlO #19-117-23-33-0192; and Lot 45 and the east 40 feet of Lot 44, Block 10, Pembroke, PID #]9-117-23-33 0193. Page Two Proposed Resolution Case No. 89-842 It is hereby granted to permit the subdivision as per the following descriptions as shown on Exhibits A. Parcel A: Parcel B: It is determined that the foregoing subdivision will constitute a desirable and stable community 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 Register of Deeds or the Registrar of Titles of Hennepin County to show compliance with the subdivision regulations of the City. This lot subdivision is to be filed and recorded within 180 days of the adoption date of this resolution· MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION Septmber Il. 1989 e® Case No. 89-842: Mark He,sen? 4669 Cumberland Road, Pembroke, Lots 43~ 44, 45 & 1/2 of vacated street? Block PID #19-1]?-23-33 0192/193. MINOR SUBDIVISION. Staff recommended approval of the minor subdivision conditioned upon the applicant submitting a new survey Indicating the lot descriptions of both Parcel A and Parcel B after the subdivision approval, with the understanding that both parcels will meet and exceed the 6,000 square Foot lot area minimum. The subdivision resolution will not be released From City offices until all delinquent property taxes are paid at Hennepln County. MOT]ON made by Sohns, seconded by Smith to approve staff recommendation for approval of the minor subdivision. Motion carried unanimously. This case will be heard by the City Council on September 26, 1989. CITY ()f MOUND 5341 MAYWOOD ROAD MOUND MINNESOTA 55364 6!2i 472-1t55 CASE NO. 89-842 TO: Planning Commission, Applicant and Staff FROM: Jan Bertrand, Building Official ~ DATE: Planning Commission Agenda of September Ii, 1989 CASE NO.: 89-842 APPLICANT: Mark Heesen LOCATION: 4669 Cumberland Road LEGAL DESCRIPTION: Pembroke, Lots 43, 44, & 45 & 1/2 of vacated street, Block 10, PID #19-117-23-33 0192/0193 SUBJECT: Minor Subdivision EXISTING ZONING: R-2 Single Family Residential PROPOSAL: The applicant is proposing a subdivision of tax par- cels to remove the west lO feet of lot 44 and combine it with his existing structure parcel. Thereby, the newly created parcel will have lot 43 and the vacated street. The R-2 zoning district requires 6,000 square feet of lot area, the new parcel will be 70' x 125', therefore, 8,750 square feet. RECOMMENDATION: Staff recommends the minor subdivision approval conditioned upon submitting a new survey indicating the lot descriptions of both Parcel A and Parcel B after the subdivision approval with the understanding that both parcels will meet and exceed the 6,000 square foot lot area minimum. The subdivision resolution will not be released from City offices until all delinquent property taxes are paid at Hennepin County. The abutting neighbors have been notified. Tills case will be referred to the City Council on September 26, 1989. CITY OF MOUND FEES: Minor Subdivision Application Park Ded. Other $50 Major Subdivision: Preliminary Plat Final Plat Escrow Deposit Park Dedication Other $150 $]oo 917000 (Please type or print the following InFormation.) Applicant's Name Day Phone Applicant's Address Fee Owner(s) pr int name mailing address pti nt name mailing address Signature oF Fee Owner Signature o~-Fee Owner l~ls application must be signed by all the OWNERS of the property, or an explanation given why this ts not the case. Property to be divided: Address/Location ~0~ Add i t i on ~>~J~ 8 I~ ~ ~ Lot ~$~- t OFT o~ Block [~) PlO To be divided as Follows: Plat -'OtqB To ~ ~C)o~-~ ~o F..~,S-r- ~4OFr. ~e oF proposed subdivision: ~/~ isting Use oF Property: ~J~/~PT~ J~o~- Zoning District: /f"~_..- App I i cat ! on for Subclt v i s t on Page Two Has an application ever been made for zoning, variance, c~tonal use permit, or other zoning procedure for thls property? yes / ~o.~ If yes, list date(s) of application, action taken, and provide resolution number(s) (Copies of previous resoluttohs must accompany this application.)' I certify that all of the above statements and the statements contained tn 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 tn this appltcatfon 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. AppI icant's Signature ~~-- Bate <~-~q--~ ////////////////////////////////////////////////////////////////////////// FOR OFFICE USE ONLY= Planning.Commission Recommendation Date Council Action: Resolution No. Date I~ IG/ 1,5 14 ' GOF I ~ 44 43 4=' ~ '? cl/?Y GOV'T LOT September 15, 1989 CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: MAYOR AND CITY COUNCIL FROM: CITY CLERK RE: AVALON PARK - BOAT DOCKAGE At the September 12th Council Meeting Councilmember Johnson stated that he thought Avalon Park was restricted to prohibit boat dockage. I have researched this and have found the following: Sometime in 1977 the Avalon Park Improvement Association granted the City of Mound a permanent easement for park purposes (see attached). In the property jacket I found a letter to the Park Board from members and neighbors of Avalon Park requesting they consider certain recommendations (see attached). In July of 1977, the property went tax forfeit and was taken by the City for park and drainage purposes (see attached resolution #77-331). In June of 1978 the State of Minnesota conveyed this property to the City of Mound for park and drainage purposes. I checked both the Park Minutes and the City Council Minutes and nothing in either referred to the letter requesting consideration of restrictions. fc 31~I~ An equal oD2 :,tun v Employer that does nc: d~scr,mmate '- tr~e bas~s '.' ,ace color ',at,or'z :' ; - "and.capr_>e,:; ~'~: - .... '~'~-~ made ti~is day of betwe-~n Avalon ?ark Improvement Association~ a Minnesota ~rt_y__ of the first part~ and THE CiTY O? MOUND~ a municipal corporal_ion under the la~-:s of the State of ~4innesota, oarty of the second part, %{!TNESSETH: That .h.. party of the first part in consideration of the sum of O:!E DOLLA9. A.-',iD OTHER GOOD A-~CD COi'~SIDER~XTION 'to them in hand paid by said party of the second part, the receipt of which is hereby acknowledged, does hereby grant and convey unto the said party of the second part, its-successors and assigns, the following: A permanent e~sement for park purposes for the following described parcel: Lot 43 in Phelps Island Park First Division according to the plat thereof on file and of record in the office of the Register of Deeds in and for said Hennepin County. Th~ interest of the grantor is conveyed to the City of Mound subject to the use of said property for public access to Lake Minnetonka and the lot being used as a public park. This instrument drafted by: LeFevere, Lefler, Pearson, O'Brien & Drawz 1100 First National Bank Building :4inneapolis, Minnesota 55402 · ~tate Deed Tax Due Hereon: N~ their IN TESTIMONY WHEREOF, the said part ieshave hereunto set hand_s the day and year first above wri'~ten. In ~esence of: / AVALON PARK ~4PROVEMENT ASSOCIATION Antoin~tt~ M. Ca~e, President Attention: Park Board, City of Bound Re: Avalon Park The combined membership of the Avalon Park Improvement' Association has given to the City of Bound a permanent easement to the p~rk property to be used only for public access and park purposes. 'We respectfully request the park board to consider our recon~endations for the use of the park: Keep the park usage limited to a picnic ard s~ area. Do ~ot allow boat docking, or docks, or boat launching from the park property. Boat traffic can be a hazard to surfers, and an unsupervCsed dock could be a potential danger to youn~ children. Restrict vehicular traffic thru the park'- during both s~,v~er ard ~inter months. This not only destroys the lawn, but the parki~ area and road access is very limited. We ask this not only for the pa~k members persons in the immediate area who will be using the park, but also of consideration for the immediate ne~hbors to the park. Thank you for your consideration. Bembers and Neighbors of AvaZon Park. 77-}~1 7-26-77 RE-3OLUTiON NO. 77-3~1 RESOLUTION AL~HORIZI~:G AND DIRECTING APPLICATION FOR CO1'~uY~YANCE FROM THE STATE FOR PARK Ai,~D DRABS- ACE PURPOSES LOT_ 45 AND ADJACEN~T PRITATE PP~LPS ISLAi~D .pA.r~[ IST DI-~ISiON (PL~.T 37R50 PARCEL 1760) ~.~h~REAS, Lot 43 and adjacent private street, Phelps Island Park 1st Division (Plat 579)0 Parcel 1760), in the City of Mound is tax forfeit, and %*EEREAS, it appears in the best interest of the City to obtain this lot for Park and drainage puzposes, NOW, TF~X4EFORE, BE IT RESOLVED BY Tk~ CITY COUNCIL OF MOUND, MOUND, MINNESOTA: That the Fayor and Manager be, and hereby are authorized and directed to hake application to the State of F~innesota for conveyance for Park and drainage purposes Lot 45 and adjacent private street, Phelps Island Park 1st Division - Plat 37950 Parcel 1760. Adopted by the City Council this 26th day of July, 1)77. SD Form 96& (Rev. 8/73! STATE OF MINNESOTA DEPARTMENTOF REVENUE CONVEYANCEOFFORFEITEDLANDS (Issued pursuant to Minnesota Statutes, Section 282.01, Subdivision 1) THIS INDENTURE, made this 23rd day of June ,1978, between the State of Minnesota, as party of the first part, and Ci 1;¥ of Hound, a t.lunicipal Corporation , as party of the second part, WITNESSETH: WHEREAS, the land hereinafter described was duly forfeited to the State of Minnesota for the nonpay- ment of taxes, and, ~HEREAS, pursuant to Minnesota Siatutes Section ;282.01, Subdivision-1, the party of the second part has applied to the Commissioner of Revenue for the conveyance of lands hlreinafter described to be used by it exclusively for park and drainaqe , and, WHEREAS, the Board of County Commissioners of the Count), of H0nn~pi ~ State of Minnesota, has recommended to the Commissioner of Revenue by resolution adopted on the 2nd day of HaY ,197;3 , that such conveyance be made, NOW, THEREFORE, The State of Minnesota, pursuant to said laws and in consideration of the prom- ises, does hereby grant, bargain, sell and convey unto the party of the second part, forever, ail the tracts or parcels of land lying and being in the County of Hennepin , State of Minnesota, described as follows, to-wit: . Lot 43 and Adjacent Private Street Phelps Island Park 1st Division Plat 37930 ~a'rcel i¥~'0,~ TO HAVE AND TO HOLD THE SAME, together with all the hereditaments and appurtenances there- unto belonging or in anywise appertaining, to the said party of the second part so long as it shail con- tinue to use said land for the purpose aforesaid, and upon condition that if such use shall cease Mid land shail revert to the party of the first part as provided by law. No deed tax will be payable onthis conveyance. IN TESTIMONY WHEREOF, the State of Minnesota, party of the first part, has catL~cd this deed to be executed in its name in the City of St. Paul, Ramsey County, Minnesota, the day and year first above written. In presence of: ( . ? ,' . ,..: :: /; .3. ,, STATE OF MINNESOTA ) ) SS. County of Ramsey ) STATE OF MINNESOTA ARTHUR C. ROEMER Commissioner of Revenue '\ BY: ~ ~ . On this 23rd day of ,hmo ,19 7R, before me personally appearedDEi'l~l I S J. ER)I0 ,As s t ~ Commissioner of Rcvenue or the Shale of Mi,ne.,u~la, to me known to be the person who executed the foregoing conveyance in behalf of the Stale of Mim~c.~ola, ;,,d ack,owlcdged that hcexec,ted the same as the free act and deed of said state pursuant to the statutes in such case made and provided. This Instturrsen! was D~ahed by The Cornm~$$,oner O! Revenue St. Paul, M,nnesota 55145~ '7..'~', F,A:~ .::,c j ~,.....: ..., :;%" ~,,,:.. ,, . ,..., . . ,','. ~ Park ~ommfssfon Minutes September 14, 1989 Page Two Discussion regarding the Issue of spraying herbicides on CIt~ Property. Casey questioned Fackler tf the City currently uses herbicides. Fackler stated the only places it Is used is at the cemetery and city hall. He explained that in the past It was used tn the parks, however, the cost was too high. MOTION made by Casey, seconded by Bally to reaffirm the City's practice not to use herbicides on City property, except at the cemetery and city hall. Asleson was concerned that a time would arise when the herbicides are needed, possibly due to an outbreak of weeds. Motion carried with Four In Favor. Weber, Andersen, Casey, and Bailey. ieson.) (Those in Favor: Those opposed: As- Casey raised the issue oE the use oE pesticides. mined this Issue wtll be discussed in the Future. it was deter- 315'0 A. THOMAS WURST, P.A. CURTIS A. PEARSON, P A dAMES D. I_ARSON, P.A. THOMAS F. UNDERWOOD, P.A. CRAIG M. MEmTZ LAW OFFICES WURST, PR:ARSON, LAR$ON, UNDE:RWOOD & ME:RTZ IIOO FIRST BANK I~LACE wEST MINNEAPOLIS, MINNESOTA 554OZ September 12, 1989 (~) 338 -4~00 FAX NUMBER Chief Len Harrell Mound Police Department 5341 Maywood Road Mound, MN 55364 Eg'B SEP 1 3 1989 re: James T. McNamee Dear Len: James McNamee appeared in court on 9-11-89 and pled guilty to the following charges: M.S. 609.755(4) - permitting a location under his control to be used as a gambling place. City Code 410.05 - unlicensed amusement device. City Code 468.05 - unliCensed games of skill. James McNamee was represented by Attorney Michael Perlman. I amended the original charge (609.76 - operating a gambling place) pursuant to a negotiation with Mr. Perlman. As a part of the negotiation, Mr. McNamee received a stay of imposition of sentence on the permitting gambling charge, paid $300 in costs to the City, and received $100 fines on each of the two license violations. Mr. McNamee will be sentenced on the gambling charge if another similar charge is brought within the next year. The conviction under M.S. 609.755(4) is a matter which I believe should be brought to the attention of the City Council. Under City Code 800:35(5) the licensee is responsible for the acts of his employees and their acts are deemed to be the act of the licensee. Under City Code 800:50, the City Council may suspend or revoke a liquor license for a violation of a statute, regulation, or ordinance relating to intoxicating liquor. Section 340A.410, Subd. 5 of the State Liquor Act prohibits the permitting of gambling on licensed premises! This is exactly what Mr. McNamee pled guilty to. It follows that the council should review the matter to determine whether they wish to suspend or revoke the 315'1 WURST, PEARSON, LARSON, L,/NDERWOOD ~ ME;RTZ Chief Len Harrell September 12, 1989 Page 2 license. Should the council elect to suspend or revoke, the licensee must be afforded notice and the opportunity to be heard before the council prior to council action. Ver/ truly yours, //4~'a {m~s D. Larson JL:imk cc Ed Shukle Curt Pearson CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 · -June 26, 1989 Curt Pearson 1100 First Bank Place West Minneapolis, MN 55402 Dear Curt: Enclosed is a copy of a formal complaint against James McNamee for several violations at the Jock Club. According to the memo also enclosed with the complaint from :Len Harrell, Police ~Chief, a complaint was made by a patron for illegal gambling on the premises. Further investigation indicated that there were several ordinance violations for video machines that needed .licensing. This issue is related to the liquor license application from the Jock Club that will be heard by the City Council on June 27th. Len feels that the City Council ought to:consider suspending the Jock Club liquor license for a period to be determined. This does not have to coincide with the renewal of the liquor license, but could be placed on it within the next couple of months. I would like you to review this and discuss it further with Lenny or myself. T cerely,r __ .~ ~dwar~l..o.__ Shukle, r. City Manager eno. ES:Is ,n the admission or access to. or treatment or emDtoyment ~r{. ~ts programs and activ,t,es. LEN HARRELL Chief of Police MOUND POLIC 5341 Maywood Road Telephone 472-3711 Mound, MN 55364 Dispatch 544-9511 EMERGENCY 911 TO: Ed Shukle, City Manager FROM: Len Harrell, Police Chief DATE: June 23, 1989 SUBJECT: Mack's Jock ClubViOlations Attached is the formal complaint against James McNamee for several violations at the Jock Club. A complaint was made by a patron for illegal gambling on the premises and further inves- tigation indicated that there were several ordinance violations for video machines that need licensing. Mr. McNamee admitted to the violations concerning the pay- ment of monies on a video poker game. The gambling violation is a gross misdemeanor and is a very serious violation for a busi- ness with a liquor license from the City. I recommend that the council suspend the liquor license for Mack's Jock Club for a period to be determined. It is my opinion that the City send a clear message that business establishments that violate the law place their liquor licenses in jeopardy and that such conduct will not be tolerated. HC 4348~ (5-86) MEMO TO:. 5UB3ECT: Defendant COURT OFFICE FORM AL COM PLAINT FROM: DIWS ON [-~ New charge - no prior court appearance ~ Prior court appearance: Date Case No. Ticket No. Continued to Complaint requested by defendant Referred for complaint by court Dismissed w/o prejudice To replace tab charge on Requested by Court Office to replace Ticket No. Other Do not serve warrant per judge State ot . CCT SECTIOn/SubdiviSion U.O.C. GOC CO mOL] O. '; i 609.76t Sub~, 1. . -- 02505 .............. Complaint x mo s ' 2(' /ifmorethsn6counu(see:ttmch,d) PRO8: 4TTY' PHI6iE:;.=]$8"-II~,O0.. " WARRANT ............... : ORDER OF DETENIION '" State of Minnesota ............... '- VS.' ....... ' PLAINTIFF first/r~ddl, / i'ast -' FELONY ; X GROSS MISDEMEANOR · Date of Birth 'S3IS COMPILa, INT NUMBER' ' James Thomas McNamee ~i 10-17-61:i ' ~ '"' 5241 Shoreline Dr., Mound,. MN ANT. ~ HENN£P~.q. CTY' D/L' Not 'A~ilable .... ~e ~mp~i~L' being duly ~o~, ~kes comp~t to the ~ove-~med ~ ~d stat~ t~ there ~ probab~ ~e to believe t~t the Defendant committed the fol~wing effete (s). ~e comp~nt stat~ t~t the fo~wing facts ~tabl~h PROBABLE CA USE: ~ Your compiatnant ~a polt6e otf~cer for th~ City o~ ~ound and bazez ' this complaint upon tnvezttgatton and upon information received from fello~ ~ Officer ~ruax. Based upon that investigation and upon ~n~oraat~on and ~ beltef~ your complainant states that on ~a7 ~9~ ~989~. at about 1~8 a.n.~ ~ Off~cer ~ruax spoke w~th a John Franc~s gatser ~ho stated that he wan~ed ~o j stun a complaint about 9a~ltn9 at 'the J~k Club~ tn the C~t7 of ~ou~d. gasser stated that at about ~2:~5 a.m. on ~a7 ~9~ 1989~ he had been piay~n9 } an electronic ~ker 9amc at .ghe J~k Club caiIe~ Joker Poker which cost 25 '~tS go.play per ~ame. Kaiser stated he began piay[n9 after he saw :~tn~ pa~d $25 by a Jock Club waitress for havtn9 earned ~00 points on the "~ame.. Kaiser stated he eventually scored ~00 potntz. ~ man~ la,er 5 xdent~fted az Br~an DeCamp said he would collect the $25 for Kaiser because '~ the $25 price was only open to regular customers. B~amp claimed the score ~ was his and then handed over the $25 to Kaiser after Elizabeth ~c~amee had ~ 9iven ~t to DeCamp. Kaiser continued to play the machine and eventuaiZy .~ scored another ~00 points. DeCamp was 9one so Kaiser approached Elizabeth ..~ ~c~amee to ask for his $25 price but was advised bY .Mcgamee that the J~k. 7 CIub d~d not pay out price money as the ~ker machine was oniy for amuaemen~ :purposes Elizabeth ~c~amee admitted to Officer ~ruax that the J~k d~ pays $25 to a seiec~ ~roup et reguiar customers and trtendz ~t they score '~'100 points on the poker machine, gruax later spoke to de~endant~ Jmes .~ ~homaz Mc~amee~ ~anager o~ the Jock Club~ who admitted that he ~7~ 825 ~o *~ people he trusts for zcortn9 100 points on the Video poker 9amc. Your .~ compIatnant checked itcense records at the Ct~7 of gound and round that the .~ defendant does have a Itcense for five ~amez of Sktli. Your compiatnant .~ then went to the J~k ~lub where the Vtdeo ~ames are located and found tha~ j tn addition to the five 9ames that were Itsted on the licenser there vere THEREFORE, Complain'~} requests that said Defen~nt. subject to bail or conditions of rele~e be: (1) arrested or t~t other ~wful steps be taken to obtain defe~ant~ appearance in co~t; or (2) detained, if already in ~stody, pending further proceedings; that said Defendant otherwise be dealt with according to ~w. IPLAINANT'$ NAME: ~ COMPLAINANT'S SIGNATURE: Being duly authorized' to pmse~te the offense{s}' c~d. ~y appmve this Comp~int. . ' DATE: ~RE: ~ June 16,. 1989 FR O~EC~;NG ~ ~O~E Y: ~ / ~ . _ - ~*M~mTLE: ~~O~: 1100 First B~nk Pl. West , · ,~.. ,~ ...... ~inneaoolts, ~n 55402 six Video games that were not listed on the license plus a Jukebox machine which was not licensed. The City of Mound requires licensing for each Vi6Ao machine and each Jukebox machine· Therefore, based upon the foregoing, your complainant states that on May 19, 1989, at about 12:15 a.m., within the corporate limits of the City of Mound, the defendant James Thomas McNamee, then and there being did~ COUNT 1, maintain or operate a gambling place in violation of MINN. STAT., Sec. 609.76, Subd. 1 (Maintain a Gambling Place) (Gross Misdemeanor)~ and COUNT 2, operate, maintain' or keep for operation within =he City an amusement device (to wit: a Jukebox), without having applied for and received a license therefor, in-violation of Mound City Code Sec. 410.05 (Unlicensed-Amusement Device)~ and COUNT 3, operate or keep for operation a game or games of skill without having applied for and received a license for each game from the City Council, in violation of Mound City Code Sec. 468.05 (Unlicensed Games of Skill). t [0't] SEP g 6 1989 September 25, 1989 Mr. Ed Shukle, City Manager City of Mound 5341Maywood Road Mound, Minnesota 55364 Dear Ed: In a recent conversation, you asked me to address the process for approving an open storage area on the east and west sides of the. city hall building. The city hall site is presently zoned Single Family Residential (R-l). In that zone, "local government buildin'gs" is a category in the listing of conditional uses. The ordinance does not contain a definition of "local government buildings". Therefore, in order to process a conditional use permit for the city hall expansion including an outside materials storage area, the City Council would have to find that the proposed use is a "local government building". The only precedent that can even be remotely related to this issue is the approval in April of 1988 of the new public works building. In that case, "public buildings" was identified as a permitted use. Public buildings, a term also not defined, was interpreted in the case of the public works building to include a small materials storage area. ' If the City Council determines that open materials storage areas are part of "local government buildings", the city will need to process the facility as a conditional use permit. Since the permit will involve a site zoned for residential purposes and the use (open storage) is normally associated with industrial operations, the city will need to rigorously apply the standards in the ordinance pertaining to the criteria for approving conditional use permits (Section 23.505.1). Major issues in the review are likely to be concerned with the compatibility of the proposed use with the surrounding residential propertieS and environmental issues associated with the long term storage of salts and other materials adjacent to Lost Lake. Very truly yours, VAN DOREN-HAZARD-STALLINGS, INC. R. Mark Koegler City Planner 3030 Harbor Lane North Bldg.ll, Suite 104 Minneapolis, MN. 55447-2175 6121553-1950 -f 23.505.1 CONDITIO~AL USE PER~IITS Crlteri~ for Granting Conditional Use Permits In granting a conditional use permit, the Hound City Councll shall consider the advice and recommendations of the Planning Commission and the effect of the proposed use upon the health, safety, morals and general welfare of occupants of surrounding 'lands. Among other things, the City Council may make the following findings where applicable. (1) That the condltlonal use will not be Injurious to the use and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the in~nedlate vicinity. (2) That the establishment of the conditional use will not impede the normal and orderly development and improvement of surrounding vacant property for uses predominant in the area. (3) That adequate utilities, access roads, drainage and other necessary facilities have been or are being provided. . (4) That adequate measures have been or will be taken to provide sufficient off-street parking and loading space to serve the proposed use. That adequate measures have been or will be taken to prevent or control offensive odor, fumes, dust, noise and vibration, so that none of these will constitute a nuisance, and to control lighted signs and other lights in such a manner that no disturbance to neighboring properties will result. (6) The use, in the opinion of the City Council, is reasonably related to the overall needs of the City and to the existing land use. (7) The use is consistent with the purposes of the zoning code and the purposes of the zoning district in which the appllcant intends to locate the proposed use. (8) The use is not in conflict with the policies plan of the City. (9) The use will not cause traffic hazard or congestion. (lo) Existing uses adjacent will not be adversely affected because of cur- tailment of customer trade brought about by intrusion of noise, glare or general unsightliness. (11) The developer shall submit a time schedule for completion of the project. (12) The developer shall provide proof of ownership of the property to the Zoning Officer. r tr ?CourtC3ze~. . #: · PA~E ~ ~! 3 From the above ~om facts, a~ ~y ~pporting affray'ts or supplemental ~om t~ti~ny, ], the ~tng . O~er. have dete~lned t~t probable ~e. ex,ts to support, subject to bah or ~itio~ of rele~e whem applb ~, Defen~nt (s) ~est or other ~wful steps be taken to obtain Defendant (s) ap~ance in ~urt, or hh deten- tion, if alre~y in ~tody, pending further proceedings. The Defendant (s) ~/are thereof cha~ed with the ~ove- stated offe~e. THEREFORE Yo~ THE ABO VE-N~ED DEFENDANT(S, ARE HEREBY S~.~ONED to app~r on the day of ,19 at ~/PM before the above-~med ~ at to a~er th~ comp~nt. IF YOU FAIL TO APPEAR in respo~e to th~ SU~ONS, a WARR~T ~OR YOUR A~ST s~l be ~ed. ~i~d J~ ~s ~ ~ of , 1989. EXECUTE ~ ~INNESOFA oNLY ~0 H~e she~ff of ~he abo~e-~med ~un~y; or o~h~r ~erson au~ho~zed ~o exe~te th~ WARRANT; I h~eby order, in the ~e of the S~a~e of Minnesota, ~ ~he ~o~e-~med Defendan~ (~) be apprehended and a~s~ed w~h- out de~ and brou~h~ ~ro~ly before the abo~e-~m~d ~urt (if in session, ~ if ~o~, before a ~e or ;udic~l Officer of such Co~ wi~hou~ unnecess~ de~y, and in any ev~n~ no~ ~ter ~n ~6 ho~ after ~he ~r~r or ~ ~on ~hereaf~er ~ such I~e or Iudic~l Officer ~ a~ai~ble) ~o be de~l~ with accord~n~ ~o ~. .. Since the ~ove-~med Defendant (s) is/are ~ready in c~tody; I hereby order; subject to bail or co~it~ of rele~e, t~t the ~ove~d Defend~t (s) con~nue to oending further proceedings. Bail: Conditions of Rel~se: ~ C03tP~T - SUMMONS, W3RRANE ORDER OF DETE~ION w~ ~m to s~s~bed before, and ~sued by the undersigned autho~zed Issuing Judic~l Officer th~ ~y of ,19 . ~UDICIA L OFFICER: Name: Signature: · Title: Sworn testimony has been given before the Judicial Officer by the following witnesse~: State of Minnesota ell Signature orA uthorized Service Agent i September 26, 1989 RESOLUTION NO' 89]. j RESOLUTION DIRECTING THE CITY ENGINEER AND ARCHITECT TO PREPARE PLANS AND SPECIFICATIONS FOR THE UPGRADING OF CITY HALL FACILITIES AND PLANS AND SPECIFICATIONS FOR THE STORING OF PUBLIC WORKS OUTDOOR MATERIALS ON THE EAST ~%~fW~ SIDE~ OF CITY HALL WHEREAS, the City Council of Mound established a Citizens Task Force on Public Facilities in 1988 for the purpose of assessing the need for the possible upgrading of the City Hall facilities at 5341 Maywood Road; and WHEREAS, the Citizens Task Force on Public Facilities has held meetings one to two times monthly since June of 1988 as- sessing needs; and WHEREAS, the Citizens Task Force on Public Facilities has determined through analysis and study that there is definitely a need to upgrade the City Hall facilities; and WHEREAS, the Citizens Task Force on Public Facilities has recommended to the City Council that this upgrading should occur through the renovation of the existing structure and plac- ing an addition onto the existing structure; and ~ WHEREAS, the City Council and Staff have_.~%~~ and studied~lternatives to remove the P~~orks outdoor storagemateria~h~ Lost Lakepro~nd . ~HE_R~S~he ~ Ceuncil ,~~eve~. t~a~ rem~va~ of these lop- ment of the property; and _ /~/ ~ the storage of materia~e~ated to ~he upg~ of City Hall; and op- tion ad- jacen por- tion -~~ · issue. 1 WHEREAS, the Citizens Task Force on Public Facilities has further recommended that such a project be initiated by directing the City Engineer and Architect to prepare plans and specifications in the Fall of 1989 with a bid letting in the Win- ter of 1989-1990 and construction to commence in the Spring of 1990 with completion of the project in the Fall of 1990; and t~n ' .. ,_ EREAS, tha ced through use of the Capital Impr ' und; and .:./: ' Established 1978 ' P~I~BROKK ~RK L~ROFKHEI~$ 1. Timber and Nails $650 For edging along vehicle access and for stairs to beach 2. Chainlink Fence 1,850 ~ ~5~~ 42" heavy gauge, gate for vehicle access Riprap Rock, filter material and concrete TOTAL MATERIAL COST 1,450 The cost for labor and clean fill is not shown. The Parks Department will provide the labor of approximately 160 man hours and 100 yards of clean fill will be taken from the stock pile at Lost Lake. The price of the fence includes installation and can be installed with a two week notice. The storm sewer outlet will be repaired with additional rock and concrete which is included in the above material cost total. There may be a need for permits from the Watershed and the DNR. This will be determined when the elevation of the work area is determined. JF:ls ~ ~¢c~$.9 NOTICE TO ALL CITY OF MOUND CITIZENS PROPOSED DECREASE IN PROPERTY TAXES FOR 1990 The City Council of Mound, Minnesota, is proposing to decrease total property taxes to be collected for 1990 by 1.7% over 1989 taxes. Total amount proposed: $1,305;244 This'decrease is a proposal only. Ail citizens of the City of Mound are invited to attend a public hearing where the Mound City Council will discuss the proposed decrease. The City Council will vote to approve or disapprove this amount at the hearing. Please come and give the members of the City Council your opinions on this proposal. Public Hearing Date: October 24, 1989 Hour: 7:30 P.M. Place: City Council Chambers City of Mound 5341 Maywood Road Mound, Minnesota 55364 If additional time is needed, the hearing will be reconvened on October 26, 1989 or November 1, 1989 at 7:30 P.M. in the same place. Summaries of the City's proposed 1990 budget are available for review in the City Clerk's office, City of Mound, 5341 Maywood Road. Persons unable to attend this hearing may send written comments to the City Council at the above address. For more in- formation, call the City Manager's office: 472-1155, 8-4:~0 P.M., CITY of MOUND 5341 MAYWOOD ROAD MOUND, M~NNESOTA 55364 (612 472-1155 September 22, 1989 TO: FROM: CITY COURCIL JOHN NOP/~.N, FINANCE DIRECTOR OCTOBER-1st PROPOSED LEVY CERTIFICATION Enclosed is a resolution to Hennepin County detailing the Proposed levy by October 1st as required by current law. The final certification under current law is due to Hennepin County by November 9th (the final levy certification may not exceed the October 1 proposed levy). The proposed 1990 City levy of $1,305,244 compares with the 1989 City levy of $1,327,245, a decrease of $22,001 (-1.7%). The legislature has called for a special session scheduled to start September 27th. If legislation is passed, it would significantly change the local government aid, .tax levy amounts, levy. dates, and public hearing dates. The levy certification process would basically start over, with the final certification date of December 31, 1989. In conclusion, if legislation is passed during the special session, the following resolution will be ignored by Hennepin County. We would submit a new levy certification amount later based upon the special session law changes. However, if the legislature does not pass a revised tax bill in the special session, the following resolution would be used by Hennepin County for calculation of 1990 taxes. We can thank the governor and the legislature for the bureaucratic nightmare of the 1990 budget process. JN:ls September 26, 1989 RESOLUTION NO. 89- RESOLUTION APPROVING THE 1990 TAX LEVY AT $1t305,244 BE IT RESOLVED, that the City Council of the City of Mound, Minnesota, does hereby direct the Hennepin County Auditor to levy the following taxes for collection in 1990: SPECIAL LEVIES Bonded Indebtedness Unfunded Accrued Liability of Public'Pension Funds TOTAL SPECIAL LEVIES Total Levy Limitation 1989/1990 GRAND TOTAL TO BE LEVIED 146,510 33,098 179,608 1,125,636 1,305,244 31& BILLS ...... SEPTEMBER 26, 1989 BATCH 9o91 BATCH 9092 103,849.o0 93,962.42 Super America August §asoline 1,925.10 TOTAL BILLS 199,736.52 ~'-CO:?-OI NO. INVO[~ IN~ i C~ 1XEE HOLD F~,rE [~qTE ~TATU9 PRE -PA I D 0120!~ 9120159 ?~LLBOY CD~qTIDN VENDDR TOTAL Bt~;78 PRE-PAID 9/'~/89 9/20/89 BIG A AUTO PARTS VENDOR TOTAL PRE-PAID 9F20189 9/20189 CITY CDUNTY CP~'DIT UNION VENDDR TOTAL CO"F20 FIE-PAID v/2° !89 v /20189 CITY DF MIX~D V~.T~3R TOTAL C0926 PRE-PAID 9 F'2X)I89 ~Y l20189 CITY DF WEST ST PAUL '~ENDOR TDTAL C1001 PRE-PAID .9/2O/89 PRE-PAID 9/'2018~ 91201~ CD~ISSID~'F_R OK REVE~JE :,~I~3R TOTAL D1219 PRE-PAID 9/20/89 9/20/~ DELE~T RUDCLPH '~'NDOR 'FDTAL Ot2~ PRE-PAID CITY DF MOUND 65.00 ~.,5. O0 65.00 o~p. '~ 9,8,7: 918.72 I1.~ 81,42 ~.30 ?3.30 2,610.00 2,610.00 2610.00 6.00 4.76 32.07 42.&3 37.~ 37.50 37.50 37.~ 18.75 18.75 187.50 187.50 2,217.89 2..217.~ 100.24 7.06-.3.20 7,16.3,44 1e~.96 17.6o 204..56 204,56 1,164.15 !~.lO 37,25 [EgCRIPTION REOISTR ORCDA CONF-NELSON ~)~-CD LIQ JRD~-CD AUG AUTO PARTS AUG AUTO PARTS JRNL-CD CR UNION 9/2 PR JRNL -CD P/C-MTG EXP-ROY P/C-SCHOOL EXP-ROY P/C JR~_-CD MUNICIPALS BANQUET MUNICIPALS BA)~JLET MUNICIPALS BANQUET MUNICIPALS BANL')LE~ ML~tlCIPALS BANQUET MUNICIPALS BANOUET JRNL-CD SIT 9/2PR JR~E-CD' AUG ~LES TAX AUG SALES TAX JRNL-CD 20,5 CONTRACT HDURS MILEAGE JR.~_-CD SEPT DENT,~L PREM E£PT ....~ ~,~N,~L ~'EM-RETiR~ SEPT DENTAL PREM-RETiREE ACCOUNT NUMAR 01-4270-4110 lOlO 71-7100-~510 1010 22-4170-~00 01-42~0-2310 1010 01-2040-0000 1010 01-4140-4120 01-41~0-4110 01-4140-2200 I010 01-40~0-4120 01-4170-4120 01-4040-4120 01-4140-4120 73-7300-4110 78-7800-4120 1010 01-20~0-0000 1010 73-3592-0000 71-3592-0000 1010 81-4350-3100 81-4350-3340 I010 01-2040-0000 01-4!?0-t510 Oi-~O~-lCIA F~-P~ID ?.,. O0 918.72 26!0.00 42.83 187.5~} 2217.89 7163.44 CHE~ PAGE 2 AP-C02-O1 PURCHASE JOURNAL CITY DF MOUND DATi TIiIE VEN[PJ~ I)~.'OI CE DUE HOLD NO. I~'OICE NHBR DATE DATE STAT~ DELTA DENTAL E1429 9120189 9120189 VENDDR TOTAL PRE-PAID 9/20189 912Ol8~ ~OL~NT 37.25 51.65 1. ~.)4.70 1~4.70 421.19 11,40- 769.44 DESCRIPTION SEPT DENTAL PREM-RETIREE SEPT DENTAL PREM-RETIREE ~NL-CD LIO WINE DISC JR)i.-CD 01-4140-1510 71-7100-1510 1010 71-7100-9510 71-7100-9520 71-7100-95~ 1010 PRE-PAID AMOL~T 1304.70 769.44 CHE~ # 29801 29779 ED PHILLIF$ & EONS PRE-PAID ~)/20/89 9/2O/89 VEI~qOR TOTAL 2~028.03 .700.~ 48.33- 2,680.16 LIQ WIG DISC JRNL-CD 71-7100-~510 71-7100-9520 71-7100-~1~0 1010 2&90.16 298O4 E1430 PRE-PAID 450.00 9/20189 91201~ 450.00 EII~qRD ShUQ. E ~ND(DR TDTAL 450.00 ADVNC-I~A C{3NF-~ JRNL-CD 01-4040-4110 1010 450.00 2~12 GlO6 PRE-PAID ' 9/20!89 9/2O189 GREAT WEsT LIFE ASSkF~qNOE ~,~4L"IOR TOTAL G1971 PRE-PAID 19.10 9/20189 9/2Ol89 19.10 OEF CO~ 9/2PR dRNL-CD HDSP DEl) 9/2 PR JRNI.-CD 01-2040-0000 1010 01-2040-0000 1010 19.10 297~ 29791 GROUP~ALTHPLAN ~TOTAL G1972 PRE-PAID 9/20/89 9/2O/89 PRE-PAID 9120/89 9/20/8'9 GRIGGS COC~'~'R & COMPANY VENDOR TOTAL H21~5 PRE-PAID 9120189 9120189 HEI-,IN CO SL,!:'F'DRT & COLLECT* VENDOR TOTAL 19.10 527.71 174.08 14.05- 4.05 691.79 1,845.40 970.61 61.48- 29.2~ 104.29 2.~,07 ~8.46 2:'.'~.46 LIQ WIG DISC FRT JRNL-CD LIQ WINE DISC FRT . MIXC ,~'NI.-CD SUPP CED 9/2 PR dRNL-CD 71-7100-9510 71-7100-9520 71-7100-95~4 71-7100-9600 1010 71-7100-9510 71-7100-9520 71-7100-9560 71-7100-9600 71-7100-~40 1010 01-2040-0000 1010 691.79 28E8.07 2'~. 46 297T. 2978 PRE-PAID 512.90 9/'20/~ ~!20/~'9 512.90 311,,? ICMA 457 9/2 PR 01-2040-0000 1010 ~79 P~E 3 AP-C02-O1 VENDOR IN'-~:~ £~JE HOLD ~. INVOICE NMBR f~TE DATE ~TATI,.:~j IOqA R~IREMENT ~T-4.SF7 k"ENDO~ TOTAL A M ."', ffd'~' 512.90 Iz.>04 FAE-PAID 91.98 9/20/~ 9120/89 91.98 ICMA RETIREMENT TRUST-40: '-,ENDOR TOTAL 91.98 571 PRE-P~ID 520. O0 ?/20,'~ 9/20/89 520.00 JE~ TAFFE ?ENDOR TOTAL' PURCHASE JOURNAL CITY ~ MOLIiD J2579 FlUE-PAID 9/~/89 9/~/,~ PRE-PAIO 9/~I89 9/20/899. JOHNSON BRDS WHOLESALE LI* VENDDR TOTAL L~17 PRE-PAID 9/20/~ 9/20/89 ~ ENFORCEtIENT LABL1R ~:. ~qENDDRTDTAL M3090 ~-PAI~ 9I~/89 9/20/89 MED CENTER HEALTH PLAN VENDOR TOTAL M3170 PRE-PAID 9/~/89 9/20/89 ME-FROWASTE CONTROL CO;I~I* VENDOR TOTAL M3401 ~-PA!D 91~189 9120189 ~ RETIREHENT SYSTE?I VENDOR TOTAL F~£-PAiD 9/2~/$I 9/2O/89 ~ TEA~TERS LOCAL 320 VENDOR TOTAL F~-PA!D 9/~/89 9/~/89 ~B~D FIRE RELIEF *A,.~ VENDOR TOFAL F,'P~-PA ! D 5~.00 I~14%14 4.35.99 27,33- 1,~.$0 1,951.32 740.66 46.46- 2,645.52 4~3.32 44.00 44.00 87.36 87.36 87.36 [~$~IPTION ICl'lA 401 9/2 PR ,JRNL-CD 80 CI~'~RACT HOURS dRI~_-CD LIQ WI~ DISC dRNL-CO LIQ WI~ DISC UNION DUES 9/2 PR J"~"L-CD" HOSP [')ED 9/2 PR JRNL-CD 2.846.25 AUG SAC 2,846.2'5 ,JRNL-CI) ~46.25 2"~.00 59~.65 5~5.65 595.65 45,815o00 27. IBIS REBATE ~5.818.00 ,JRN!_-CD 45.918.00 12.15 l~.:.-lO DEF COHP 9/2 PR JR~.-CD L~4ION [~JES 9/2 PR JRNL-CD . REFtE}~ F~STG ~ETER RE=LE,-~ ~.- TG ~R MACH 01-~4-0-0003 1010 01-4340-3100 I010 71-7100-9510 71-7100-9520 71-7!00-9560 I010 71-7100-9510 71-7100-9520 71-7100-956~J 1010 01-2<)~0-0000 1010 OI-Ca)40-O000 1010 78-2304-0000 1010 01-2040-00(X) 1010 01-2040-00(0 1010 ~-.q~,00-1400 I010 01-~370-3210 01-~2Q-32!0 PRE-PAID 520.00 2645.52 87.36 5~5.65 4~18.00 2"~0 PAGE AP-C02-OI PURCHAS_E JOURNAL CITY~MOL~JD TIME UE'NDDR IN'Vi]lC ,."E,~ HOLB NO. IN~I]ICE )~BR · DATE r,,'~TE STAT~ A~OUNFI' DESCRIPTION F'RE-PAID ACCOUNT N~BER Ar~3UNT ~CK # 9/2O/89 13.6.5 REPLEN POSTG METER I'tACH .75 REPLEN Ft]STG METER MALiH 52.90 REPLEN ~STG METER MA~ 11.05 REPLEN POSTG MEIER MACH 7.00 REPLEN POSTG METER MACH 47.60 REPLEN POSTO METER MACH 14.50 REPLEN POSTG METER MACH 1~6.19 I:F,_PL,.~ POSTG ~-TER MACH 28.85 REPLEN POSTG METER MACH 28.85 REPLEN POSTO METER MACH 35.~ REPLEN POSTG METER MACH 6.65 R1EPLENPOSTG METER MACH 1.55 REPLEN POSTO METER MACH 5.55 REPLEN POSTG METER MACH 3.2O POSTG--GFOA 36.46 REPLEN PO~TG METER MACH 599.70 JRbL-CD 01-4O40-3210 01-4060-~10 01-4090-3210 22-4170-3210 71-7100-~10 01-4340-3210 81-43~-3210 01-41~-3210 73-7300-3210 78-7800-3210 01-4140-3210 01-4280-3'210 01-4270-3210 01-4090-3210 01-1190-0000 01-4320-3210 lOlO 5~9.70 29~1: MOUND POSTMASTER 599.70 N3677 PRE-PA~ 95.00 NATL INST REGISTR-FACkq..ER 9/20/89 9~r20/89 95.00 ~NL-CI) 01-4340-4110 1010 NATIO)~N. INSTIllJTE PRE-PAID 9/20/~ NORTH SHDRE FED CREDIT ~I "~'El~ TOTAL P3950 PiCE-PAID 9/~/~ 435.~ REF~kAUCTIDN 4~.00 JRNL-CD 435.00 6,030.53 PERA 9/2 PR 6,0~.53 JRNL-CD 01-.?,842-00{K) 1010 01-2040-00(X) 1010 4~,0~ 2~1( ~0~.53 2978 P E R A '*,~,~]R TOTAL 6030.53 P4O30 PRE-PAII~ 4~.90 P~ [YEI) 9/2 PR 9/20/89 9.~/8~ 4~.90 JRNL-CD 01-2040-0000 1010 438.90 2979 PHYSICIANS DF l~t e '~ TOTAL Q4171 PRE-PAI~ 9/20/89 9~'9/89 PRE-PAiD 9/20/89' 438.90 1,971.31 LI~ 573.~5 WINE 45.16- DISC 2,4~.70 dRNL-CD 2,3:'J0.04 LIQ 530.91 WINE 52.09- DISC 16.~ MIX 2,825.81 JRNL-CD 71-7100-9510 71-7100-95~ 71-7100-9560 I010 71-7100-9510 71-710~-9520 71-7100-95~0 71-7100-95~0 1010 24~.70 L~'"25.81 QUALITY WINE ~ SPIRITS ':_?,.ZC~ TOTAL R4259 P~E-:'~!D 131 9/2x)/.,~..~ ~C.,'5.51 .5-~. o4 56 ~NT~ACT HOURS JRNL-Cg 01-4340-3100 1010 PP~ 5 PURCHASE JOURNAL D~': ~-C02-01 CITY DF ~UND TI~ VETt[~]R INVOICE DUE HOLi) PRE-PAID ~. Ih~DICE )~.P.R DATE [~ATE STATI~ Ahi.=Oi~4T DESCRIPTION ACCOI~,rT HER AMOb~4T C~ECK ~b"ERT E dDh~i-S~ VE)~DOR TOTAL 539.84 PRE-PAID 975.00 ~FUND-W/S AVAIL DVE~I40 73-3155-0000 ~5.00 REI=IJ~-W/S AVAIL ~IEFU]-IO 78-31~-~ 9/20189 9/20!E~ 750.00 ,JRI&-CD I010 7=,,0.00 ~:ER BRDS FINA. NCIAL SE* VENDDR TOTAl. 7~0.00 F-RE-PAID 10.00 NCIC SEMINR-REPL VOID CK 01-41~-4110 9/'20/89 9/~/~ 10.00 JRI~.-CD 1010 I0.00 2~81~ ~I~tEY HA~IiKS VEIiTJ(]R TOTAL 10.00 ~,=~)0 · PRE-PAID 10.081.77 FIT ?/2 ~ 01-20~-0000 9/20/89 9/20~'~ 10,081.77 ~NL-CD 1010 STALE BANi( DF III]LI~ VENDOR TOTAL 10081.77 S~511 F~E-PAID 498.~ ~ UNION 9/2 PR Ol-~S~,)40-O0~ 9/20/~ 9/20/~ 4~.~ JR~&-CD 1010 10081.77 297~ 498.~ 2979. $[ATE ~PITDL ~FTIlT UNION VENDOR TOTAL 4~.~ T4829 PRE-PAID 79.00 BCA-LIMDN1] ADYNC 01-4140-4110 9/20/~ ?/~/~ 79.00 J)~NL-CD 1010 TODD LIMOND VEhq)OR TOTAL 79.00 TOTAL ALL VEN~ 103,849.00 79.00 2981 PURCHASE JOURNAL CITY~ME~D OATE TIME VENDOR INVOICE [IUE ~LO NQ. !r6/OICE N~R DATE OATE STATU~ AMOL~T [£SCRIPTION PRE-PAID ACCOUNT NURSER AIqOUNT CHECK 41 AO(:60 9121/89 9/21/89 20.06 OFFICE SUPPLIES 7.43 DFFICE SUPI:LIES 6.76 OFFICE ~IES 21.87 OFFICE SUPPLIES 3.8? OFFICE SUPPLIES 27.72 OFFICE SUPPLIES 1.43 OFFICE SUPPLIES 98.~ OFFICE SUPPLIES 8.5.66 OFFICE SUPPLIES 273,12 ~L-CI) 01-4040-2100 01-4090-2!00 01-4140-2100 01-41~-2100 01-4340-2100 01-41~)-2100 71-7100-2100 73-7300-2100 78-7800-2100 1010 VElk~)OR TOTAL 273,12 ALLIEl) BLACKTOP CO B0540 9/21/89 9/21y~ VEHDOR TOTAL ~!21/89 ?/21/89 186.08 186.08 186.08 15. I0 15.11 25.73 55.94 BLACKTOP SEPT OXYGEN SEPT OXYGEN SEPT OXYGEN dR]~.-CD 01-42~0-Z340 1010 73-7300-22(X) 78-7800-22(X) 01-4290-2200 1010 BA~ CO,ANY VENDOR TOTAL B0577 9/21/89 9/21/89 BFI RECYCLING SYSTEMS DF M VENDOR TOTAL 55.94 2:000.00 2,000.00 59.00 79.00 35.00 40.00 213.00 AUG GARBAGE-FIRE A/JG GARBAGE-PW AUG GARBAGE-STREET RECYCLE LEFTDVER~ JR,i.-CD 22-4170-3750 01-4290-3750 01-4280-3750 01-4270-4200 1010 BLACKOWIAK AND SON " VENDOR TOTAL B0660 9/21/89 9/21/89 213.00 174.39 174.39 NUTS,CLAMPS,PAINT,FUSES JR~-CD 01-42~0-~310 1010 ~ DISTRIBUTION VEND~ TOTAL B07~ 9~I/89 9/21/89 174.39 26.84 26.84 01-4~,'Q-234~ 1010 BRYAN ROCK, PRODUCTS COCF'W2 VENDOR TOTAL 9/21/89 9/21/89 26.84 42.00 42.00 TIRE TUBES O1-4~JO-~lO 1010 CBS TIF~E & SUPPLY CO VEN~)OR TOTAL C~ 9121/89 ?/21159 42.00 12.9'~ 12. ,¢'8 OIL ~ATMEI~T.SURE GRIP ~-CD 01-4!¢0-~!0 1010 PAGE AP-C02-O1 PURCHASE JOURNAL CITY~ MONO V~DDR Ih"vT)ICE Lake HOLD NO. INt~Ji~ NM~ ~ OATE ~TA'PJ A~IOLINT DE~CRIPTIDN PRE-PAID ACO:)UNT NUP~ AMOL~ CHEO~ CHAMPIO~ ~J]'O STORES VEl~K~[)R TOTAL 12.98 C0870 9121/89 9121/89 102.60 BID AD-DENBIGH RD 102,60 dRNL-CD 01-4~0-T200 1010 CHAPIN Ft~_ISHING CO VEN[)(]~ TOTAL 102.60 C0~90 9121/89 9121189 VENI)O~ TOTAL 145,00 AUG CDMPUTER 545.25 AUG COMFBTER 907.00 AUG CDMPUTER 1,597.25 1597.25 01-40~-2100 01-4095-~00 01-40~5-5000 lOlO C1079 9121189 9./21189 TELEPH~'[ VENE)OR TOTAL 2X)O. ~0 TELEPHO~ 63.38 TELEPHONE ~0.59 TELEPHO)£ 14.72 TELEPHONE 63.44 TELEPHONE 1.59 TELEPHONE 1.80 TELEPHONE 65.47 TELEPHONE 119.98 TELEPHONE 32.74 TELEPHONE 141.78 TELEPHONE 67.56 T~EPHDNE 67.70 TELEPHO~-CDF~%FFER 1:161.25 Jiqi_-CD 1161.25 01-4140-3220 01-4340-3220 01-4320-3220 01-40~0-3220 01-4095-3220 01-4040-3220 01-4190-3220 01-4280-3220 73-7300-3220 78-7800-32~ 71-7100-3220 2'2-4170-$x220 22-4170-3220 1010 Cl105 9/21/89 9/21/89 89.00 R1EPLACE ROLLERS-DODR 89.00 Ji~'i,-CD 22-4170-.~q0 1010 CRAWFD~D I:FJOR SALES TOTAL C1128 9/21/89 9t21/89 160.90 BDD¥ SHIELDS 160.90 01-41~-~70 lOlO CUSTOM ~ APPLICATIO VENI)O~ TDTAL 160.90 Dl170 DA~DTA RAIL INC 9/21/89 9/21/89 VEI~nIt]R TOTAL 408.65 RR LEASE TO 10/15 204.35 RR LEASE TO I0/15 613.00 JRNL-CD 613.00 40-6000-~10 01-4320-3910 1010 ~1280 9/21/89 9121/89 61.00 DICTAPHONE MAINT-I YR 114.00 DICTAPHONE MAINT-I YR 175.00 JRN1.-CD OI-434-O-3E~X) 01-4190-3800 1010 DICTAPHONE VEI-~[q:]R TOTAL 175.00 E!410 9~1 !$.'9 9/~II~ 85,51 ~C~.,ET~Y SIGNS 85,51 JF~NL-CD 80-8000-4 !00 10!0 PAGE ~-C02-01 PURCHASE JOURNAL CITY O~ MOUNI) ~IE TIME NO. IN'~OICE ~BR DA~ ilqTE STAT¥~J EARL F ANq~ERSEN F1560 TOTAL 9/21/89 9121!89 A~OUNT 2<Y2.60 72.80 25,00 180.90 1~,90 1E:O.90 180,90 1.114.00 RECH(} EXTINGUISI-iERS RECHG EXTINGUIS~RS RECHG EXTINGUISHE~ RECHG EXTINGUISHERS RECI-iG EXTtNGUISHE~ RECHG EXTINGUISHERS RE~G EXTINC, UISHE~ JRNL-CD 22-4170-~00 01-4320-3830 01-4340-2~.~0 01-4280-2300 01-4290-2300 73-7300-2300 78-7800-2300 1010 PRE-PAID A~ FIRE CDNT~QL EXTINGUI~ VENI)OR TOT~ 1114,00 F1660 9/21/89 9/21/89 37.00 37,00 37.00 111.00 30TR ALA~M-PW 3 QTR ALARMipw 3 QTR ALARM-PW Jh't4L-CD 78-7800-~50 73-7300-~50 01-4280-3950 1010 FLOYD SECURITY ~,IENI)OR TOT~ Ill.(X) Fl700 9121189 9/21/8~ ~.24 S~'(AY PAIN'[ ~.45 ~PRAY PAINT 57.24 SPRAY PAINT 199.~ ~NL-CD 01-4280-2200 73-73(X)-22(X) 78-7800-22(X) 1010 FOX VALLEY SYSTEIiS '~t~lDOR TOTAL FI711 ~ 9/21/89 9/21/89 2~3.70 AUG FRT 2x~3.70 JU4L-CD 71-7100-9600 I010 FRANCXS IRtD(ING VENDOR TOTAL 293.70 F1725 9/21189 9/21189 ~.~ WIN TEAM G~-q)LP-TRttAX ~.~ 01-4140-4110 1010 ~ ~YDR SEMINARS VENDOR TOTAL G1800 9/21/8~ 9/21/89 13.05 SPRING KIT, UNIDNS 13,05 JRNL-CD 01-4280-2310 1010 GARY'S DIESEL SERVICE VEI~IOR TOTAL 13.05 G1890 9/21/~ 9/21189 41.~ ~ WAllER COOLER 54,45 AUG WATER CDOLER 27.~ A~ WATER COOLER 11.~ AUG WAllER COOLER 1I.~ AL)(] WATER CODLER 146.~ JRNL-CD 01-4140-4100 01-4090-2200 01-4~0-2200 73-7300-2200 78-7800-2200 1010 GLENWDOD INGLEWOOD TOTAL 146.90 G1905 9121/,5'9 9/21/89 31.~) ONE CALL-ALE] 31,~ JF~&-CD 73-7300-3100 1010 GOPH~ STATE. QNE-CAU.: i~ V~fl)OR TOTAL .) AP-C02-O1 ~, INVOICE G1979 GL~ARANTY TITLE INC H2000 HACH COMPLY H2080 INVOICE [E)E HOLD DATE DATE 9TATU~ 9121/~"9 9/21/8~) UEtFJOR TOTAL 9/21/~ 9/21189 VENL~3R TOTAL 9/21/~ 9/21/8~ HECKSEL MACHI~ SHOP t,qENI)D~ TOTAL 9/21/~ 9~1/~ ~ ~ eT OF PROF~._RTY T ~ TOTE ~160 HEI~,~( CO TREASLFh'ER I2389 9/21/89 9~1/89 l~E]~D~13~ TOTAL INSTF, tiHENTATION SERVICES I ~(1)OR TOTAL J2421 d & S CLEANING CO. ~,~1 J.P. t,~3REX, INC. J2512 JEFF F1.EMMIN8 J~3 JOEL KRUMM J~5.35., 9/21/89 9~1/89 VIENEE)~ TOTAL 9/21/~ ~ TOTAL 9121189 9121/~ VE]~i)C~ TOTAL 9/21/~ 9/21/89 ;+ ~?NT~OR TOTAL 9121189 9121189 CITY DF MOUND ~J'4T DEgCRIPTION 5~..5.00 TITLE INFO-DENBIGH RD 5Y~5. O0 JRNL-CD 17.84 CHLDRINE 35.31 CHLORINE TESTER 53,15 JRNL-CD 78.80 JACK. 31.68 DRILL HOLE-HYDRANT 159.00 METAL & CHAIN 219.90 REPAIR ~ (~'~. 38 dRNL-CD 14.8~ AUG ~TAL UERIF 14.~ JRNL-CD 41,167.51 $I ASSESSOR SERVICES 41,1&7,51 JRNL-CD 41167.51 120.~ REPAIR RADIO 120.35 120.35 590.00 SEPT JANIT~ SERV 590.00 JRNL-CD 590.00 2,470.00 WTR MAIN TIE-ALEXANDER PARK 2,470.00 JRNL-CD 2470.00 100.00 UNIF REIMB-FLEMMING !00.00 dRNL-CD 7.42 AUG MILEAGE 7.42 dR~-CD 7.42 7~. 15 Fi. MB !)L.qP ~0,15 JR)~-CD ACCOUNT NU~ER 01-4~0-3100 1010 73-7300-22E~) 73-7300-2'3.,'30 1010 78-78(X)-2300 73-7300-2300 01-4280-2310 01-4280-4200 1010 01-4060-3210 I010 01-4070-4200 1010 01-4140-3820 1010 01-4320-4210 1010 73-7300-4200 I010 01-~00-0~0 1010 71-7100-22(X) 1010 0!-4190-3100 1010 PRE-PAID AP-C02-OI VE~W3R INVOICE DUE HOLD NO, INVOICE NMBR DATE DATE STATUS CITY OF ~OUNT DESCRIPTION ~-PAIO AMOUNT CHECK, dD~N BREITNER K2651 ~,~]~'K)R TOTAL KAR PRODUCT8 ~CO. L2769 9/21/89 9/21/89 VEN"I)OR TOTAL 9/21/89 9/21/89 VENI)OR TOTAL 9/21/~ 9/21/89 VENDOR TOTAL 9/21/89 9/21/89 LAKELAND ll~JCK CENTER LEONARD HARRELL · L2730 ~'N!~. TOTAL 9/21189 9/21/89 VENDOR TOTAL 9/21/89 9/21/89 LOWELL'S AUTDMOTIVE/ZITC~ VEN[OR TOTAL 9121!89 9121/89 MACQLE~ EQUIPMENT INC VEN[OR TOTAL l'K3040 MASTS CORPORATION M3061 MARTIN-MCALLISTER 9/21/89 9121/89 VENDOR TOTAL 9/21/89 9/21/89 VENI)DR TOTAL 730.I5 170.42 NUTS,CARRIAGE BDLTS 19.81 RIVET GUN,RIVETS 19.81 RIVET GUN,RIVETS 19.82 RIVET GUN:RiUETS 19,82 RIVET L"~JN,RIVETS 168.~ GROMMETS,TOGGLE SWITCH 418.04 dR~-CI) 418.04 14.48 CLEVIS.ROD FOR MOWER 14,48 dRNL-CD 14.48 793.35 WEED CONTROL-BAYS 793.35 dRNL-CD 7?3.35 59.95 BUG SHIELDS 59.95 JRNL-CD 59.~ .... 6.00 PTAC MTG 6.00 dRNt_-CD 694.70 AUG AUTO P~TS. 694.70 dRNL-CD 694.70 119.52 SDLENDID 119.52 119.52 1~.00 OCT k~'ORS mINT 13.00 dRNL-CD 135.00 1~.00 PLAYBACK-HAFOrdELL 125.00 ~qL-CD 1~.00 90.00 AUG D~.:R-~ PROP ~5.40 AUG ~-I,~P 54.00 AUG E),~,-M~ 78-7800-2300 78-7800-2x300 73-7304)-2300 01-4280-~,..00 01-4340-2300 01-4290-2250 1010 01-4340-2310 1010 01-4340-3800 1010 01-4280-2310 I010 01-4140-4120 1010 01-4290-2310 1010 01-4280-2310 1010 01-4095-3800 1010 01-4140-3100 1010 01-4190-3100 01-4190-3100 01-4040-3100 VEI~DOR !,N'~ I CEDUE HOLD I~. IWO[CE I~R ~TE ]~TE ~TATU9 PURCHASE CITY ~ A~OL1NT E(~IPTION JOURNAL PRE-PAIB 9/21/89 9/21/89 {'ICCD{'I~. FRANK RODS A..qSOCI* VENI)OR TOTAL ~110 9/21/89 9/21/89 90.00 AUG ENGR-NIELSON ESC~U]W 810.00 AU[; ENGR-CATALYST ESCROW .%0.00 AUG ENGR'TAX FOF~,CITY HALL 180.00 AUG ENOR-$TREET$ 2,952.38 AUG ENGR-DENBIGH RD ~0.00 AUO ENGR-M~A 30.00 AUG ENGR-SEALCDAT 36.00 AUG ENGR-WATER 36.00 AUG ENGi~-SE~ ~{3.00 AUG ENGR-PW BL~ 4,779.00 AUG ENGR-PW BLDG 3?6.00 AUG ENGR-CO RI) 110 '3'70.00 AUG ENGR-LOST LAkE PROP 30.00 AUG ENGR-CO ~ 15 11,741.78 J~t~-CO 11741.78 91.73 LIFE SLKrr?I]RT RESTRTR 91.73 J~NL-CO 01-~00-0971 01-2300-0905 01-4320-3100 01-42~-3100 01-4280-3100 27-~.~0-3100 73-7300-3100 78-7800-3100 60-6000-3100 60-6(XX)-3100 60-6000-3100 ~-6000-3100 1010 01-4140-2270 1010 HE1)IC¢[ OXYGE){ & EQUIF?ENT VEN1X~ TOTAL MINN H3250 9/21/89 9/21/89 VENDOR TOTAL ~( CON~W:iY FI~ & ~"Et'Y 9/21/89 9/21/89 VENDOR TOTAL 9/21/89 9/21/89 VENDOR TOTAL 91.73 45.80 SEPT PAGER RENTAL 45.80 dRNL-CO 45,80 17.29 AUG GAS 20.34 ALE) CAS 13.21 AUG GAS 12.79 AUG GAS 6.77 AUG GAS 7.97 AUG GAS 3.00 AUG GAS 81,37 JRNL-CD 81.37 213.05 MSA PARTS 213.05 ~-CD 213.05 01-4140-3950 1010 01-4280-3720 73-7200-3720 78-7800-3720 22-4170-3720 71-7100-3720 01-4340-3720 01-4320-3720 I010 22-4170-2270 1010 N3710 9/21/89 9/21/89 6.00 AUG HI)WE 9.86 AUG H[~ 133.55 AUG HOWE 149.41 d~NL-CD 01-4280-2300 73-7300-2200 78-7800-2300 1010 NAVAF-~ HARDWARE TOTAL 149.41 N374O 9/21/~ 9/21/~ VENI)O{~ TOTAL 24.09 LETTERS, S~ETI~ 19.09 LETTERS, SHEETINO 43.18 JRNL-CD 43,18 01-4290-2200 01-4270-2200 1010 PAOE 7 AP-C02-OI UE)4DOR INVOICE DUE HOLD ND. INVOICE N~BR DArE DATE $1ATUS PURCHASE CITY DF MOUND JOURNAL A~]UNT [£SCRIPTIDN ACCOUNT NUMBER PRE-PAIO AMOUNT TIME · N~O0 9/21/89 9/21/8~ NDRTHEI~4 STATES PO~ CO VENDOR TOTAL N3802 9/21/89 9/21/89 NORll-ERN STATES POWER ',ENI)OR TOTAL P3959 PA~ OIL, INC P3999 9/21/89 9/21/89 VENOOR TOTAL PENNZOIL PRO~S CO P4031 PHYSICIANS OF MN P4049 PLUNKETT'S, INIC P4090 TOTAL 9/21189 ?/21189 VENDOR TOTAL 9/21/89 9/21/~ VENI)OR TOTAL 9/21189 9/21189 P~ER BRAilE EQUIPMENT CO VENDOR TOTAL S43~9 SCHAR3ER & SONS S4390 SHORELINE PLAZ~ S4430 SOS PRINIlNG S4440 9/21/~ 9/21/89 VENDOR TOTAL 9/21/89 9/21/89 VEI~BDR TOTAL 9/21/~ 9/21 VENDOR TOTAL 61.54 AUG ELEC 73-7300-3710 61.5~ dRt(L-CI) 1010 61.54 4,771.31 SEPT ELEC 01-4280-3710 4,771.31 JRNL-CD 1010 4771.31 74.64 FLUIDS 01-4290-2250 74.64 d~-t~.-C1) 1010 74.64 3~1.95 ANTIFREEZE 01-4290-2250 ~1.95 JRI~.-CO 1010 331.95 205.45 OCT HOSP-M THARALBON 01-4140-1510 205.45 JRNL-CD 1010 205.45 30.00 8-9-10 PEST CONTROL 71-7100-4200 30.00 JRNL-CI} I010 2%07 BOBCAT )~TER 73-7300-2300 29.07 BOBCAT )~,ATER · 01-42B0-2310 29.06 BOBCAT ~EATE~ 01-4340-2310 87.20 ,.M~4L-CD 1010 87.20 27.22 CHANGE OIL, FILTER 01-4340-3820 27.22 dRNL-CI) 1010 2.300.66 OCT RENT 71-7100-3920 2,300.~ JRNt_-CD I010 3~.b-7 WORKDRDERS 73-7300-2120 107.73 NOTICES-CITY HALL HEARING 01-4020-2200 144.30 JRNL-CD 1010 144.30 10,50 ALU CAR WA~ 01-4~2Q-$~!0 105.00 AUG CAR '~ASH 01-4140-.~I0 30.00 -) %~(R IN'.qDI~ DUE HOLD NO., II,5'OI NMBR DATE DATE STATLG 9/21/8! ~)/21/8'~ ~'RING PARK CAR WASH S44~ STA,~:Zf<D ~'RIN)3 CD S4.580 STRE!C~'S T4716 TEMP[PARIE5 TO ~0 T4780 TOTAL VE?CmDR TOTAL ?121189 9/21 lB9 VENDDR TOTAL 9/21/89 9/21/$I VE)~')DR TOTAL 9/21/89 9/21/8~ VEhYJDR TOTAL 9121189 9/21/6~ ll-RIFTY SNYDER ~lJ6 NO4 ~ TOTAL T47~0 7/21/89 9/21/8~ ~ BROS OEVR[~ET ~,ND/DOR TOTAL T4831 TOLL ODNDANY T4740 9121189 9./2.1/89 VEKE~)R TOTAL 9/21/89 9/21/$'~ TRI-STATE PU~ & CDNTRDL I ~,~[OR TOTAL T4~J T'S PAINTING 9/21/8~ 9 F2I/6'~ VENDOR TOTAL PURCHASE ,JOURNAL CITY DF MOUND DESCRIPTION 115.5{) J~NL-CD 115.50 ~4.22 F;EPLACE REA. R SPRINGS #15 ~'"34.22 JRNL-CD 126.96 REPAIR PUMP HOUSE #7 126.96 dR~&-CD ' 126.96 I00.00 FIREARMS 2~.2S FIREARMS ~,.~. ~ ,JRNL-CD ~9.96 FILM 20.96 ~-CD 20.96 54.04 MOT~-COOLINO FAN 54.04 JRNL-CD 19.86 TOLL PARTS 207.91 TOLL PARTS 4.7? TDLL PARTS 222,.56 JRNL-CD 68~.21 PARTS 68~.21 JR~-CD 6~5.21 200.CO PAINT 5440 LYNWOOD ~.00 JR~-CD 52.?1 ~4~ TD~_"'LS !2!.00 ~U] RUGS ~.~ ~G I5.~ ~.~ UNIFORMS 1010 78-7800-8810 1010 73-7300-2300 1010 01-4140-2270 01-4140-5000 1010 01-4270-1~X) 1010 -~-4170-~00 1010 01-4140-2300 I010 01-4~0-222~ 78-7800-2200 73-7300-2300 1010 78-7800-2800 I010 60-6000-5300 1010 '01-4270-~.~ 78-7800-~ 01-4280-~D 01-4~0-22~ PRE-PAID Ar Ll l 31 0 CHECK D PAGE 9 ~-C02-01 VENDOR II~]ICE DUE HOLD ND. INVOICE ~BR .~ DATE DATE STATUS 9/21/89 9/21/89 UNITUG RENTAL SYSTEM VENDOR TOTAL W~ WIDN~R INC W5650 'WI~I~ M HUDSON kLEUST-P~-LARSON Xb-750 9/21/89 ?/21/89 YENDOR TOTAL 9/21189 9/21/89 VENI)O~ TOTAL 9/21/89 ~/21/89 VENDOR TOTAL X~OX CORPORATION 9121/89 9/21/89 VENDOR TOTAL TOTAL ALL VENI)DRS PURCHASE JOURNAL CITY DF MOU)~ 3'9.47 39.47 ~5.51 ~5.51 170.00 272.00 272.00 216.00 408.00 544.00 7,308.00 9,190.00 9190.00 6.00 6.00 3,219.00 3,219.00 3219.00 16~.00 50.96 4.47 5.81 530.09 757,33 DE~RIPTION AUG UNIFORMS AUG UNIFORMS JRI& -CD MOVE LOADER B~-HYORANT E~C1,.3DE-HYDRANT 3 PTS GATE VALVE, HYDRANT FUEL TANKS-OLD PW PVE-CDflMUNITY CENTER JRNL-CD PTAC MTG ,.F(NL-CD AUG ~I]SECUTI DN JRI~_-CD PRINC-5600-FINAL PRINC-IOI2 INT-S6OO-FINAL INT-IOI2 AUG MAINT-5600 JRNLoCI) ~3,962.42 ACCOUNT 73-7300-22~ 78-7800-2240 1010 01-42190-4200 01-4280-4200 73-7300-3800 73-7300-38~ 73-7300-.'~00 60-6000-5300 60-6000-5300 tOrO 01-4140-4120 1010 01-4110-3120 I010 01-4320-5000 01-4320-5000 01-4320-6110 01-4320-6110 01-4320-3800 1010 PRE-PAID DATE TIME GENERAL FUND Taxes Intergovernmental Business Licenses Non-Business Licenses and Permits Charges for Services Court Fines Charges to Other Departments Other Revenue REVENUE BUDGET CITY OF MOUND 1989 BUDGET REVENUE REPORT AUGUST 1989 AUGUST YTD REVENUE 66.7% PER CENT REVENUE VARIANCE RECEIVED 984315 83464 495866 488449 50.38% 965800 49445 506608 459192 52.45% 9410 -60 9430 -20 100.21% 86700 8230 50017 36683 57.69% 38800 1630 9092 29708 23.43% 100000 20562 48108 51892 48.11% 16500 1755 13866 2634 84.04% 51850 -1478 1656 50194 3.19% 2253375 163548 1134643 1118732 50.35% LIQUOR FUND WATER FUND SEWER FUND DOCKS FUND CEMETERY FUND 880000 330000 580000 65300 3050 84015 574071 305929 65.24% 29036 203094 126906 61.54% 47572 379302 200698 65.40% 390 61701 3599 94.49% 0 1000 2050 32.79% CITY OF MOUND 1989 BUDGET REPORT EXPENDITURES AUGUST 1989 66.7% BUDGET GENERAL FUND Council Cable TV city Manager/Clerk Elections Assessing Finance Computer Legal Police civil Defense .Planning/Inspections Recycling Streets Shop & Stores City Property Parks Summer Recreation Contingencies Transfers AUGUST YTD EXPENSE EXPENSE PER CENT VARIANCE EXPENDED 46030 7378 54525 -8495 118.46% 9980 256 8717 1263 87.34% 143210 11308 92766 50444 64.78% 650 7 256 394 39.38% 43930 78 607 43323 1.38% 152760 12456 100041 52719 65.49% 20000 1847 16520 3480 82.60% 97100 5384 40843 56257 42.06% 677770 42656 442846 234924 65.34% 1880 105 105 1775 5.59% 128400 8859 73722 54678 57.42% 67400 1550 55791 11609 82.78% 391140 29283 322626 68514 82.48% 57760 4513 43600 14160 75.48% 81860 4447 68561 13299 83.75% 149320 9240 99744 49576 66.80% 11090 0 2861 8229 25.80% 30000 6778 9748 20252 32.49% 126150 9859 78969 47181 62.60% GENERAL FUND TOTAL 2236430 156004 1512848 723582 67.65% Area Fir. e Service Fund Liquor Fund Water Fund Sewer Fund Docks Fund Cemetery Fund 209230 18875 128593 80637 61.46% 158810 13438 106892 51918 67.31% 322550 23607 246794 75756 76.51% 634160 53539 409447 224713 64.57% 72240 1052 59493 12747 82.35% 3950 483 1651 2299 41.80% MINUTES OF A MEETING OF THE MOUND ADV l SORY PARK COMM[SSION -~, 1989 Present were: Vice Chair Tom Casey, Commissioners Cathy Baily, Neil Weber, Shirley Andersen, and Brian Asleson; Park Director Jim Fackler; City Manager, Ed Shukle, and Secretary Peggy dames. Absent and excused were: Chair Marilyn Byrnes, Commissioners Nancy Clough and Steve Burke, and Council Representative Phyllis Jessen. Vice Chair Casey called the meeting to order at 7:30 p.m. Minutes The minutes of the Park Commission meeting of August 10, were presented for changes and/or additions. 1989. MOTION made by Bailey, seconded by Weber to approve the Park Commission Minutes of July 13, 1989 as written. Motion carried unanimously. LMCD Representative, Tom Reese. reese informed the Park Commission that he and David Arndorfer appeared before the City Council on September 12th and reviewed the current status of the LMCD with them. Casey raised a question relating to the use of herbicides and what is the LMCD's standing on this issue. Reese explained that they are not in favor of people using herbicides within 50 feet of the lake, however it is not a big issue with them. He added that this issue Is very popular with the Watershed District. Reese informed the Commission that the Shoreland Plan is almost ready for final approval, it is 75% complete. He explained that there will be two books when the plan is complete, one book being the ~lan, the other the working paper. Weber raised a concern with the cities adopting this plan, and not being able to comply with the regulations. What if, after the plan is adopted, a city finds they cannot comply? Reese ex- plained that the City Planners have been very involved in developing the plan. He added that they also have inter- governmental meetings where several mayors and Tad Jude have at- tended. These meetings prove that the cities are involved in the decision making and show a lot of interest in the plan. Park Commission Minutes September 14, 1989 Page Two Reese commented that he assumed the Mound Park Commission would be concerned with the municipal dockage Issue. He explained that it is being discussed that the number of boat slips a municipality may offer in the Future will be Frozen. Fackler stated that this year the number of permits issued was low due to low water and hoped they would not use this yeac's count to determine the number o~ docks allowed. Reese believed that this would not be the case. Reese Further explained that they are trying to cut back on the number of riparian docks to reduce the number of boats on the lake. The plan is to have Final approval by June 1990. Reese explained the process of Final approval and Implementation. He added that the Met Council is the driver of the plan. Reese informed the Commission that on November tBth there wtll be an l~lementatton Strategy meeting for the first nine sections of the plan. Fackler questioned IF the LMCD dock Fees will be Increasing, and If so, when and how much? Reese commented that the Fees will more than likely increase, however does not know when. He added that the LMCD is trying to implement a boat registration law in which boat ltcenses wlii be taxed. Reese explained Future possibilities of eliminating mtlfoil. The LMCD is looking Into a sonar device that weakens the weed. They are doing chemical testing in Gray's Bay and Gideon Bay already. Discussion regarding the Issue of spraying herbicides on City Property. Casey questioned Fackler if the City currently uses herbicides. Fackler stated the only places it ts used is at the cemetery and city hall. He explained that in the past it was used in the parks, however, the cost was too high. .MOTION made by Casey, seconded by Bally to reaffirm the City's practice not to use herbicides on City property, except at the cemetery and city hal1. Asleson was concerned that a time would arise when the herbicides are needed, possibly due to an outbreak of weeds. Motion carried with four in favor. Weber, Andersen, Casey, and 8alley. leson.> (Those In favor: Those opposed: As- Casey raised the issue oF the use oF pesticides. mined this issue will be discussed in the Future. It was deter- Park CommisSion Minutes September 14, 1989 Page Three Dock Permit Application Forms. Dell Rudolph, Dock Inspector, presented the following Forms for review and approval: Dock Holding Fee Application, 1990 LMCD Boat Fees, 1990 Mooring Buoy Application, letter to be sent to Dock Permit Applicants and Mooring Permit Holders,. Information Sheet on the Mound Commons Dock Program, and the 1990 Dock Permit Application. Dell reviewed the fee increases of $15 per dock as shown on the dock application. Dell also questioned the Commission about the wording explaining late fees. He explained that there is a $20 late Fee If the renewal Is not received by April 1st, and this year they propose to increase the fee by $10 per month For every month thereafter that the Fee is not paid. This basically per- tains to abutting dock holders only, since non-abutting dock' holders can lose their dock rights i~ they do not renew by Aprtl 1st. Dell explained that these abutting dock holders need an in- centive to pay their application Fee on time. He suggested that the application stmply state that they will be subject to a late fee, and not indicate the amounts in order to avoid Interpreta- tion problems. It was suggested that the application state, "subject to a minimum late Fee of $20" and the applicant shall also be required to appear before the Commission in order to ob- tain use of their dock. Casey requested the dock application also include a statement that no fertilizers are to be used on commons property. Dell Informed that Commission that they have also added a state- ment to the application stating that no tires will be allowed on any Commons Dock and that the tires must be removed from City property. Fackler explained that there will be an article in the City newsletter pertaining to this issue which will offer a means of disposal for the tires. The 'Commission suggested the Dock Holding Fee Application tnclude a statement that the holding permit is only for sites determined unusable by the Dock Inspector. It was also determined that it be labeled an "Annual" Dock Holding Fee Application with a $30 "annual" Fee. MOTION made by Weber, seconded by Asleson to approve the dock application forms with the changes and corrections made by Staff' and Commission. Motion carried unanim- ously. Park Commission Minutes September 1~, 1989 Page Four It was noted that the Dock Application has to be approved by the City Council prior to mailtng. Casey requested that the Commis- Sion have the opportunity to review the revised copy prior to submission to the City Council. The applications are not mailed until December. Depot rental fees and a summary of the depot rental ~ncome. Fackler reviewed the status of the building as It does not meet code per the building Inspector'. There ts no hot water, no hand- Icap facilities, the deck is not up to code and could be con- demned, the paint peels off due to rotted siding, and it needs new siding, fascia, and soffits. Jim added that the cost to re- place the deck would be $I0,000 to $15,000. Jim commented: "How can the Fees be raised when the buildtng is tn such disrepair?" It was determined that since Jessen raised the Issue of Increas- Ing the Fees, she should be present when It is discussed. MOTION made by Asleson, seconded by Andersen to table the Issue of raising the depot Fees until the October meet- lng. Motion carried unanimously. Minutes From the Lake Minnetonka Conservation District. The Commission requested that they receive a copy oF Wavelengths, a publication of LMCD activities. City Manager's Report The City Manager reported on the Issue of closing Pembroke Park's winter motorized vehicle access. He explained the process the City Councti used to arrive at their decision to allow the access to remain open. A barrier structure is to be constructed between the roadway and the park to help alleviate vehtcles driving on the park. Fackler added that they are looking at constructing a small timber wall, 2 - 3 timbers high, level the park and help separate the road from the park, then maybe install a snow Fence in the winter months. The City Manager reviewed the City Council's decision pertaining to the proposed wetlands resolution which was approved by the Park Commission. He referred to a letter written by the City At- torney which recommended that the resolution not be approved. The Attorney's letter stated, "The proposed resolution would create restrictions and 1imitations which would have an effect on the future Council and their ability to deal with these lands." Park Commlsslon Minutes September 14, 1989 Page Five Weber understood the Attorney's opinion, however, stated that without the wetlands being designated as park land, it is ridiculous to do a recreational plan For the wetlands as he has proposed doing. The City Manager also informed the Commission that a. Cfty Council member requested that the issue of Avalon park be put back on the agenda relating to the commons docks at the park. The Council Member was under the impression that this park had a deed restriction which does not allow commons docks to be placed there, however, since then, staff has determined that this is not so. The City gained Avalon Park through tax Forfeiture. Pembroke Park Study Group' Asleson questioned, now that the decision has been made about the' access at Pembroke, should a meeting be arranged with the study group to discuss future Improvements. It was determined that As- leson would contact the group. Park Director's Report Jim informed the Park Commission that they have pulled the buoys From the beaches and are starting to put the picnic tables In storage. With summer ending they are losing some staff. The Park Department will now have more time construct signs For the parks. Dock Inspector' Report Dell reviewed the dock status. He noted that they had 516 boats registered this year. The LMCD fee For 1989 Is $6,155. MOTION made by Andersen, seconded by Bailey, to adjourn the meeting at 9:53 p.m. Motlon carried unanimously. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION Septen~er !1, 1989 Present were: Chair Bill Meyer, Commissioners GeoFF Michael, Ken Smith, Brad Sohns, and William Thal, Council Representative Liz Jensen, City Manager Ed Shukle, Building Official Jan Bertrand, and Secretary Peggy James. Absent and excused were: Frank Weiland and Vern Andersen. Absent was: Jerry Clapsaddle. It was recognized that the City Manager would be 1earing a 9:30 p.m. Also present were: Molly Sorensen, Charlie Regenfuss, Robert Norrie, Cai Korth, Mark Heesen,. Douglas Vogel, Vincent Forystek, Walter Guthrie, Mike Smith, and Carl Hanson. Chair Bill Meyer called the meeting to order at 7:30 p.m. MINUTES: MOTION made by Smith seconded by Thai to approve the Planning Commission Minutes of August 28, 1989 as writ- t'en. Motion carried unanimously. BOARD OF APPEALS: Case No. 89-833: John Minahan, 4313 Wilshfre Blvd.~ Part of Lot A, the 1st Rearr. of Phelps Island Park First Division, PID #19-117-23-13 OOil. Fence Height Variance and Noncon- forming Fences at 4309? 43137 4317 & 4327 Wiishire Blvd. The Building Inspector reviewed the applicant's request For a Fence height variance. She explained that on August t4, rgB9 the applicant appeared before the Planning Commission and was granted a setback variance, and at that time was given the opportunity to return with a request For a Fence height variance For an existing nonconforming Fence he wishes to replace at the same height of 6 Feet. The allowable height at the street side of his home along the Front property line is 4 Feet. Per Weiland's request at the August 14th meeting, Bertrand has investigated the other Fences in that area which also appear to be nonconforming. The results are as Follows: 4309 Wilshire Blvd.: existing, nonconforming 60 inch high Fence with no building permit on File. 4343 Wilshire Blvd.: existing, nonconforming 6 Foot high Fence with no building permit on File. Fence height variance being requested to replace existing Fence. 4317 Wilshire Blvd.: existing 58 inch high horizontal basket weave Fence in Front yard with no permit on File. 1983 survey indicates a wire Fence at both the Nely and Sely lot lines. Planning Co~mfssfon Minutes September' 11, t989 Page Two 4327 Wilshire Blvd: existiDg, nonconforming, dilapidated 6 Foot high stockade fence at the south/side property line about 18 Feet back from the front property line and at the north/side property line about 4 feet from the front property line. A fence permit is on File, however permit indicates fence to be setback 20 Feet from the front property line. Staff recommended that a notice be sent to each of these owners indicating what the City records show, and the requirement that any modifications to these 'fenCes, or replacement would require conforming installation of the present fence ordinance at a 48" maximum height in the required 20 foot front yard setback, and 36" maximum height at the lakeside average building setback line. The commission discussed reasons why these properties are dif- Ferent and should be allowed higher Fences in the Front yard.' How much difference does 2 Feet make? The applicants reasons for having.a 6 Foot high Fence verses a 4 Foot were reviewed. IF the variance' is approved, where would the line be drawn For Future requests For Fence height along busy roads? MOTION made by Smith, seconded by Thal to deny the Fence height variance request, and direct staff to enforce the Fence height limitations at the other three properties. Motion carried unanimously. This case will be heard by the City Council on September 26, 1989. be Case No. 89-836: Charles RegenFuss? 6201 Bayridge Road? Halstead Acres 2nd Addition, Lot 4~ Block I, PlO #23-117-24- 33 00]5. 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 variance request. 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. Planning CommissiOn Minutes September Il, 1989 Page Three 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 b~cter 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 that the driveway access remain from the Bayridge Road right-of-way.. denser-commented on the existing garage which has a'bedroom con- structed inside it, she believes that this was obvfously con- structed without a building permit. 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. Ce Case No. 89-840: Walter Graham, 4520 Denbigh Road, Avalon, Lots It 2, 3, & Nely l/2 of Lot 4, Block 2, PlO #19-117-23- 24 0006 & 0007. MINOR SUBDIVISION AND SETBACK VARIANCE. Bertrand explained the applicants request for a minor subdivision and Setback variance. The proposed Parcel A has an existing home with ll,700 square Feet of 1or area; and Parcel B, the proposed location for a new home, has 9,352.5 square feet of lot area. There is a detached garage For the existing dwelling on the property that wtll be removed. The newly created Parcel B will require a 20 foot setback to both the unimproved Angl.esey Lane and Denbigh Road, the applicant is requesting a lO Foot setback to the unimproved Anglesey Lane for the proposed dwelling. Planning ,Commfsston Minutes September 11, lgsg Page Four Staff recommended approval of the 10 foot side yard setback variance to the unimproved Anglesey Lane due to the shape and topography for the newly created Parcel B, part of Lot 2 and Lot I. Staff also recommended that Parcel A, the easterly portion of Lot 4, Lot 3 and the westerly portion of Lot 2 indicate a future garage site on the survey as we11 as the legal descriptions of the newly created Parcel A and Parcel B. The applicant could apply for a vacation of Anglesey Lane to be converted from the street ~igh~-of-way to a utility, drainage, and walkway easement to alleviate the necessity for a variance. The DNR must have 30 days to comment on any vacation of roads abutting public waters, plus there is additional time Involved for the public hearing process. Staff recommends that the minor subdivision be approved as the survey submitted by Schoborg Land Surveying Inc. dated July 27, 1989 be revised as recommended by' Staff. In addition, Bertrand reviewed the City Engineer's recommendation and comments which included the need for sewer and water for the easterly parcel, acknowledgment that there is a deficient unit assessment for the property, and that two off-street parking spaces for Parcel A must be provided. The Commission discussed the need for vacating the street in or- der to alleviate the variance. Bertrand explained the length of time involved in processing a vacation and, therefore, recom- mended the variance be granted, then the vacation be applied for afterwards. Bertrand suggested changing the wording in her recommendation as stated above to read" ' . The applicant co~d shall apply for a vacation of Anglesey L~n~ . . ." MOTION made by Thal, seconded by Smith, to approve the City Engineer's recommendation and the Bul Iding Official's recommendation as follows: · Approval of the minor subdivision and lO foot side yard setback variance to the unimproved Anglesey Lane due to the shape and topography of the newly created parcel, upon the Following conditions: l) The survey must indicate a Future garage site in- cluding two (2) off-street parking spaces with a minimum of 650 square Feet for Parcel A, the easterly portion of Lot 4, Lot 3, and the westerly portion of Lot 2. 2) The survey must indicate the legal descriptions of the newly created Parcel A and Parcel B. 319.9.. Planning CommissiOn Minutes September 11, 1989 Page Five 3) The appl icant shal I apply for a vacation of Anglesey Lane to be converted From a street right- of-way to a uti 1 tty, drainage, and walkway easement to alleviate the necessity for a variance. 4) Sewer and water services be installed prior to the City releaslnd the resolution for recording, or the City receive guarantee in the form of a cash deposit, letter of credit or a surety bond. 5) Deficient unit assessment from 1978 street Improve- ments in the amount of $t,170.90 must be paid. Motion carried unanimously. This case will be heard at the City Council meeting on September 26, 1989. d. Case No. 89-841: Douglas Vogel, 1677 Avocet Lane, Dream- wood, Block 7, Lot 8, PID #13-117-24-21 0018. LOT AREA AND SETBACK VARIANCE. Bertrand explained the applicant's request for variances to allow construction of an attached garage, a second story addition, and enclosing the existing deck with a three season porch. The variances being requested are a lot size variance of 1,520 square Eeet, a Front yard setback variance of 14.45 Feet (making the garage setback ?.? Feet From the Front property line), and a side yard setback variance of 2.35 Feet. Staff' recommendation was For approval due to drainage and topography upon the following conditions: The structure's floor area will be increased above the 840 square Foot minimum. The garage doors will Face the east Front property line with a ?.? Foot setback· The existing basement will be converted to a crawl space only, with the electrical wiring, heating equipment, and the plumbing sewer line to meet the Flood plain regulations of the State Building Code. The well on the site will be abandoned to meet the State Health Department regulations For abandonment of water wells. 3113 Planning Co~mfssion Minutes September 11, lgB9 Page Six Sohns questioned if this is not a case of over-building on a lot. The proposed two story building 7.7 feet from the front property line with discussed. The Commission determined they would prefer to see only a one-story structure at the 7.7 foot setback, with the two story portion beginning at the required front yard set- back of 22.15 feet. It was determined that there would be enough off-street parking space on the lot. The applicant Informed the Commission that he did contact the owner of the adjoining parcel a'nd offered to purchase 10 Feet of their property, however, the owner decided not to sell. The Commission discussed optional floor plans to allow the proposed second level addition to be moved back to the 22.15 foot front yard setback. They also explored the option of moving the garage addition back to the required 6 foot side yard setback. The applicant stated that he could comply with these require- ments.,_ MOTION made by Sohns, seconded by Thal, to approve the lot size variance of 1,520 square feet, a 1.6 foot side yard setback variance to the north property line to al- low a second story addition, and a 14.45 foot front yard setback variance for a one story garage addition. The second level addition must conform to the required ZZ.15 Front yard setback. The motion also includes the condi- tions outlined in the staff recommendation. Motion carried unanimously. This case will be heard by the City Council on September 26, 1989. Case No. 89-842: Mark He,sen, 4669 Cumberland Road, Pembroke, Lots 43~ 44, 45 & 1/2 of vacated street, Block lO, PID ~19-117-23-33 0192/193. MINOR SUBDIVISION. Staff recommended approval of the minor subdivision conditioned upon the applicant submitting a new survey indicating the lot descriptions of both Parcel A and Parcel B after the subdivision approval, with the understanding that both parcels will meet and exceed the 6,000 square foot lot area minimum. The subdivision resolution will not be released from City offices until all delinquent property taxes are paid at Harm,pin County. MOTION made by Sohns, seconded by Smith to approve staff recon~nendation for approval of the minor subdivision. Motion carried unanimously. This case wil 1 be heard by the City Counci 1 on September 26, 1989. Planning CommissiOn Minutes September Il, 1989 Page Seven Case No. 89-843: Walter Guthrie, 5448 Shoreline Blvd.,. Auditor's Subdivision #l?0, Part of Lot 36, PI0 #13-117-243- 33 0024. CONDITIONAL USE PERMIT (PUBLIC HEARING)... Bertrand reviewed the City Planners report. The applicant ts seeking approval of a conditional use permit to establish a cabinet workshop and show room in the old Smith Heating building. The operation wi11 involve the assembly of custom wooden cabinets and an associated show room. "Wholesale and assembly operations" are ltsted as conditional uses In the B-I zone. Staff recommended approval of the conditional use permit For operation of a cabinet workshop and show room located at 5448 Shoreline Boulevard subject to the following conditions: The proposed use is consistent with the Criteria for Grant- ing Conditional Use permits identified in Section 23.505.! qf the Mound Zoning Code. The proposed use shall comply with ali state and local building and fire codes pertaining to storage of materials and production of wooden products. The conditional use permit is granted specifically for a cabinet shop and show room. All goods sold on the premises shall be produced on-site. Parking spaces shall be delineated with painted lines con- sistent with he site plan layout and dimensions. S. All signage shall comply with the Mound Zoning Code. The Commission raised a concern with item 3 in the staff recom- mendation. They Felt the requirement that ". . . ali goods sold shall be 'produced on-site' . . ." was too restrictive. What if someone wanted to buy a hinge or a knob? They determined that tf the Word "assembled" was added to the recommendation the condi- tion would be less restrictive. The Commission discussed possible problems with delivery trucks and traffic Flow. The applicant stated that the workshop would be receiving deliveries approximately once per week. Motion made by Smith, seconded by Jensen, to approve staff recommendation including the change made to condi- tion item 3, to read as Follows: "The conditional use permit is granted specifically For a cabinet shop and show room. Ail goods sold on the premises shall be produced and/or assembled on-site." Motion carried un- animously. Planning Commission Minutes September' 11,' 1989 Page Eight This case will be heard by the City Council on September 1989. Set date and location For Planning Commission Recoqnition Dinner. The Commission determined the first choice date to be Saturday, October 21st. Second 'choice date Is Friday, November 10th. There was discussion if the dinner should take place in Mound, the options in Mound are limited, as only A1 & Alma's was con- sidered, however, the Commission prefers to have Full liquor service available. It was determined Michael would check into having the dinner at Lafayette Club, second choice was Lord Fletcher's. Thai requested that Tom Reese and his wife be invited to the din- ner. The Commission does not want to set a precedence by Invit- ing previous members to the annual dinner. It was determined that Reese will be invited since his term ended so abruptly and they had planned to have a party For him this past year in ap- preciation For his chairing, and never did. ~.xpiration of Terms Chair Meyer announced to the Commission that Vern Andersen has verbally submitted his resignation From the Planning Commission. Meyer explained that his term will expire 12-30-89 and Andersen preferred not to attend anymore meetings since his term is almost over. Bertrand requested that Weiland and Michael, who's terms also ex- pire 12-30-89, advise us by the October 23rd meeting iE tney wish to be reappointed. Notice oE the vacancies need to be published early November. Proposed Housing Maintenance Ordinance Thai requested that we get the proposed ordinance to the Attorney for review as soon as posstb)e. There was discussion about the executive summary that was to accompany the ordinance to the City Council. It was determined that Jensen and Michael would create an executive summary so the proposed ordinance can be reviewed by the City Council and they can Forward it to the City Attorney For review. Planning CommissiOn Minutes September II, I989 Page Nine MOTION made by Smith, seconded by Sohns to adjourn the meeting at 10:56 p.m. Motion carried unanimously. Chair, Bill Meyer Attest: LAKE MINNETONKA CONSERVATION DISTRICT AGENDA 4:30 p.m., Monday, September 18, 1989 LMCD Office, Wayzata EO'D SEP ~. 5 1989 1. Personal Watercraft (PW) meeting with industry representatives: review agenda and background materials for meeting on 9/19/89 2. Charter boat registration: recommendation for charter boat operational review 3. Inquiry for commercial use - renting of ice fishing houses left on the Lake for the season 4. Inspection reports/refunds 5. Water Patrol report 6. Additional business recommended by the committee 9-12-89 LAKE MINNETONKA CONSERVATION DISTRICT PERSONAL WATERCRAFT STUDY As;enda SEP 1 5 ]989 7:00 p.m. Tuesday, September 19, 1989 - Please RSVP at this time if you have not already done so! Main Floor (Room 110) Conference Room PRUDENTIAL-BACHE, 445 E. Lake St., Wayzata 1. Greetings and welcome, Lake Use Committee Chair Bob Pillsbury, Minnetonka 2. Self-introductions of attendees, to include identification of organization represented and area of interest in the subject 3. Background and review of the Personal Watercraft Analysis prepared by Board member Ber~ Foster, Deephaven 4. Open discussion of Foster's Personal Watercraft analysis Identification of specific problems in order of priority to enhance the compatibility of personal watercraft with other water recreation uses and residents in proximity to their use on the Lake: 6. Recommendations or consensus as to the areas in which improvements may be initiated, including timetable for such improvements (users and industry): 7. Conclusions and adjournment 31 ff 9-13-89 LAKE MINNETONKA CONSERVATION DISTRICT September 12, 1989 TO: FROM: SUBJECT: Lake Use Committee ~ ~~ 1 5 Executive Director Gene Stromme~~ Evaluation of Charter Boat Operations on Lake Minnetonka Upon concurrence of the Lake Use Committee to conduct an evaluation of charter boat operations on Lake Minnetonka in the sPring of 1989, the following back- ground and points to be considered are introduced to open discussion on this subject. Charter Boat operations are governed by LMCD Code Section 3.07. The require- ments are quite basic, as you will see by a review of the Code. Charter boat registration was fairly new at the time this was established, and the inter- vening time has now presented some experience to better assess what is working well and where improvements are apparent. The following are points of concern that have been brought to LMCD's attention by board members, lake users, city representatives, Water Patrol and staff: May i application deadline does not allow sufficient time for administrative review, conduct inspections and have charter boats ready before the season gets underway. April I appears more realistic. This would require a Code change. Schedule of Water Patrol safety inspections would appear to serve the public better by being completed in May. 5 Berthing location, now permitted without restriction at residential sites, has been proposed for elimination at residential sites. This may require city review of their permitted uses at residential sites. Charter boats typically do not board passengers at the residential site, merely store the boat at such a location. aI A proposed requirement to verify berthing could include applicant providing copy of lease from marina or other location where berth is provided for the season in question, if not owner% site. 4. Wakes as an occasional problem when charters are moving to pick-up points and higher cruising speeds, and/or returning to home port; 5. Pilot licenses require close surveillance for expirations during the season, occasionally are not reported as current. 6. Upgrade planned for a formal Charter Boat certificate. 7. Additional concerns suggested by the committee; LAKE MINNETONKA CONSERVA'rION DISTRICT BOARD OF DIRECTORS Special Meeting - September 5. 1989 Tonka Bay City Hall I C'l) SEP 1 5 1989 Chair Hurr convened a Special Meeting of the Board of Directors of the Lake Minnetonka Conservation District at 7:50 p.m., declaring a quorum present, all members having been notified. Present: JoEllen Hurt, Chair, Orono; Bert Foster, Deephaven; Tom Reese, Vice Chair, Mound; Douglas Babcock, Spring Park; Jan Boswinkel, Secretary, Minnetonka Beach; Marvin Bjorlin, Tonka Bay; Robert Rascop, Shorewood; Thomas Martinson, Wayzata. Also present: Eugene Strommen, Executive Director; Consultant Rob Merila; Former Director Norm Paulus, Orono. Absent: David Cochran, Greenwood; James Grathwol, Excelsior; John Lewman, Treasurer,Minnetrista; John Malinka, Victoria; Robert Pillsbury, Minnetonka; Robert Slocum, Woodland. Hurt stated the purpose of the meeting is to authorize the officers to negotiate contract changes with Atlas Marine, Division of Atlas Foundation Co. A memo from the Executive Director, dated 9/5/89, detailed the history of an earlier pay rate contract change necessitated by the late delivery of the first two harvesters .ordered from United Marine International, Inc. (UMI). The Board i~ asked to approve a single machine hourly rate, and authorize 'the officers to negotiate a three machine hourly rate with Atlas Marine, along with other changes necessitated by the status and condition of equipment to complete the LMCD contract on the most beneficial terms to both the LMCD and Atlas. Atlas Marine has also proposed that LMCD contract to lease, through Atlas Marine, a weed harvester built by Minnetonka Seaweed Eaters, Inc. at $120.00 an hour including a truck for haulSng, operator, supervisor and all maintenance. The proposal is detailed in {he offer from Atlas Marine dated 9/5/89 and confirmed by Stephen Briggs of Minnetonka Seaweed Eaters, who was present. The immediate availability of this harvester, the three UMI harvesters and the fourth UMI harvester when delivered plus inclusion of Saturdays as a work day will help to meet the intended expenditure of $200,000 inferred in the Atlas Marine contract. DISCUSSION: When the contract was originally let, there was no ~ay to anticipate the late delivery of the UMI equipment, each machine arriving separately instead of in pairs. The actual cutting speed of the harvesters is averaging just under 6 m.p.h. 3 ol LaKe Minne+.onka'Conservation Distrlc~ Board of Directors - §/5/8§ vs. specification speed of 10 m.p.h. The reduction in %he number of off-loading sites caused by low water was greater than the contractor anticipated. Martinson said he has observed the harvesting operation and raised questions about its efficiency. He said it appears %o him the time spent cutting is a small percent compared to the time spent transporting. Reese noted a bid to haul weeds on barges was double that of transporting. Rascop asked clarification about the $200,000.00 value placed on the contract by Atlas Marine. Reese reviewed the bidding process, including the alternate bids requested. He added that a contract value had to be stated so bidders could tailor their"hourly rates to some level of revenue potential. ACTION Rascop moved, Babcock seconded, to approve an amendment the contract with Atlas Marine, Division of Atlas Foundation Company, to allow them to lease a weed harvester at $120.(}0 per hour including a truck for hauling, one operator, one supervisor, maintenance and all necessary ~quipment to complete the ~ob mutual satisfaction. Motion carried, Foster voting nay. Foster moved, Rascop seconded, to authorize the officers to negotiate a pre-authorized three machine hourly rate with Atlas Marine, applicable when the third UMI harvester arrives and subject to board ratification on September 27, 1989 by contract amendment. Motion carried unanimously. Shoro conveyer - A purchase of a C-800 shore conveyer approved by the Board in June, to include a 22' extension for $18,000. - $2,600. more than the first shore conveyer price, was delivered as a separate piece of equipment. The confirming letter, without specifications due to a new design yet to be prepared by the manufacturer, verified the conveyer and combi extension to be priced at $18,000. - ($15,400. f¢,r. the conveyer, $2,600. additional for the extension.) The manufacturer understood they were to design and produce the extension for $18,000. Upon delivery and billing of $18,000 for the combi extension - a separate 22' self-floating live bottom hydraulically-operated unit, it was apparent it was of a value substantially more than $2,~00. Upon price/manufacturing requirement review with United Marine International, an adjusted price of $12,000. was offered. Reese asserted the value is there to justify this price. Reese moved, Foster seconded, authorization to pay the balance of $9,4(30. of the $12, 000 . purchase price of tile C-500 combi conveyer with the additional provision that UMI provide a second conveyer as needed for the 1990 season at the same price. Motion carried unanimously. Lake Minnetonka Conservation District Board of Directors -- 9/5/89 (On 9/6/89 United Marine International advised LMCD that the end price on the C-500 combi unit is adjusted to $10,736., deleting the $1,264. included in the $18,000. invoice for a power pack upgrade to 21] hp for the C-800 conveyer.) The meeting was adjourned at 9:00 p.m. JoEllen Hurr, Chair Jan Boswinkel, Secretary SEP 5 1989 LAKE MINNETONKA CONSERVATION DISTRICT Meeting: 7:30 a.m., Saturday, September 9, 1989 LMCD Office,Wayzata Present: David Cochran, Chair, Greenwood; Robert Pillsbury, Minnetonka; Robert Slocum, Woodland; JoEllen Hurt, Orono; Robert Rascop, Shorewood; Marvin Bjorlin, Tonka Bay; Douglas Babcock, Spring Park. Also present: Eugene Strommen, Executive Director. The meeting was called to order by Chair Cochran at 7:30 a.m. WATER STRUCTURES 1. Rock, am Boat Works temporary extension low water request. ~ariance Rockvam has applied for a temporary low water variance to move six slips from site 1 to site 2 to accommodate pontoon boats which will be rented to the public. A background summary of the two Rockvam licenses and Executive Director recommendation was reviewed. The temporary low water variance does not allow additional slips. This is an unusual case as the two sites are contiguous. The variance will not increase the total number of boats in the two sites. Hurt said she would oppose the request under ordinary circumstances but this is a temporary permit and makes pontoon boats available to the public for rent. Hurt moved, Babcock seconded, to direct th~ staff to draft a variance resolution granting Rockvam Boat Works a temporary low water variance to substitute six slips in site 1 for six slips in site 2, the new slips to be used for public rental of pontoon boats. Motion carried unanimously. 2. Orders review for MinnetonWa Boat Works Orono and Wayzata Facilities. Minnetonka Boat Works - Orono: prepared by the Attorney.. The Order was reviewed as Hurr moved, Slocum seconded, to recommend approval Order for the Minnetonka Boat Works - Orono. Motion unanimously. of the carried The Committee was further advised that, based on preliminary calculations by the Minnesota Department of Natural Resources, it appears that the expansion of the marina involves approximately 40,000 square feet. This is a category for which an environmental assessment worksheet could be required. The DNR has forwarded that information to the Environmental Quality Board for their determination as to the need for an EAW. Cochran moved, Babcock seconded, that this information and any further information be forwarded to the Board. Motion carried unanimously. Minnetonka Boat Works - Wayzata: The applicant requests deletion of amenity "k", sponsorship of an annual bass tournament, as that was not a part of their written amenities Submitted during the application process. Tournaments depend on finding willing groups to work with, and sponsorship is often rotated among lakes, not guaranteeing their annual availability. Hurt moved, Slocum seconded, approval Of the Order amended to delete amenity "k" requiring a bass tournament sponsorship. Rascop and Bjorlin voted nay. Motion carried. Rascop stated he voted nay because he bell%yes the expansion in the 100' to the 200' area is a violation of the LMCD code. 3. Order review for Minnetonka Yacht Club/LsWe Sailing School. In the absence of a representative of the applicant, the Executive Director explained a concern expressed by Thomas Maple about Item 6. Item 6 states the school shall instruct approximately 400 students per year. The Yacht Club is willing to train that many but would not like the license based on that number as an absolute. Hurr moved, Bjorlin seconded, approval of the Order with the following changes: c) to read .... the right to operate instead of maintain sailing school for members of the general public which could instead of shall train approximately 400 or more students per year. Motion carried unanimously. 4. Public hearing review, deicing testimony presented at 8/23/89 public hearing, considering amendments, to Sec. 2.09, subd. relating to fencing of the deicing area,' and Subd. 11 relating prohibition of new deicing installations. The Committee received a recommendation from the Executive Director recommending language to allow deicing equipment operation during early freeze or thaw days to allow the needed dock protection by deicing without complete installation of fencing on the lake. Public use of the lake during this time is at each person's judgment as to its suitable condition. It was noted the Sheriff's Water Patrol takes the position that the lake is never actually, totally safe. It also knows there is a time when it would be safe to install fencing around an area being deiced. Operating deicing equipment when it is not practical to fence the lake side, still requires fencing on th~ shore side. Bjorlin moved, Rascop seconded, the following amendment to Code Section 2.09, Subd. 1-a WHICH IS PRECEDED BY THE FOLLOWING STATEMENT IN SUBD. 1.' - CONTINUED "For purposes o~ this section, de-icing equipment shall be deemed to constitute such hazard whenever any o~ the following circumstances exist without being specifically authorized in a current or valid license for the facility: a) Deicing during the extended days prior to the generally accepted total lake freeze over or thaw is being conducted without placing warning signs visible from 50' placed on shore at least every 50', and full shoreline fencing is not installed to a height of at least four feet, and during the normal freeze period the entire area of open water or weakened ice is not enclosed by'an opaque fence of at least four feet in height. The executive director noted there are few requests for new deicing installations since the 1/22/86 prohibition. The present good experience with permittees would appear to support opening applications for new licenses without risking safety. Hurr moved, Rascop seconded, deletion of Code Section 2.0'9 subd. 11 which restricts new deicing permits and delete the last sentence of Code 2.06 Subd. 3 which states permanent dock permits shall not be granted where deicing equipment is needed° Motion carried, Babcock voting nay. Hurr moved, Babcock seconded, to direct the Executive Director to prepare descriptive language for maintaining deicing within the dock use area. Motion carried unanimously. 5. Bean's Greenwood Marina license violation status, review of applicant's response for new dock license requirement, or temporary low water variance. The District has received a new dock license application, which includes the addition of six slips installed beyond the 100' line. Bean requires the new configuration rather than a temporary Iow water variance. Hurr moved, Bjorlin seconded, that a Public Hearing be held on the variance for the additional docks beyond the 100' distance at Bean's Greenwood Marina, and the owner to be advised he is to be cited for use of the slips at any time before approval of the variance and application. Motion carried unanimously. 6. Bowers-Schrock dock use area variance application status, South Lower Lake. It was moved by Rascop, seconded by Bjorlin, to table the Bowers-Schrock dock use area variance until re-called for consideration pending staff communication with the involved parties. Motion carried unanimously. 7. Greenwood city dock study progress report. The committee received communication from Frank Kelly, ' Attorney representing the City of Greenwood regarding the city's dock study and the committee will study the letter and will place the item on a future agenda. 8. Old business - Smlth's Bay Marina The Executive Director introduced the matter of a dock length violation at the Smith's Bay Marina whereby their dock length of 209' is 9' beyond the allowed 200'. This results from an apparent error in the building site. Hurt said she would rather recognize the 9' and in return gain a water patrol storage Site as an amenity. Rascop moved, Bjorlin seconded, a recommendation that the additional 9' be removed, handling the matter as a violation of the license. Motion carried unanimously. Babcock suggested he not be allowed to use the 9' until a new application for a variance is processed and approved. ENVIRONMENT late time. Eurasia- Water Milfoil progress report. In Iight of the hour the report by the Executive Director was held at this 2. Dredging - Minnehaha Creek Watershed District report Woody Love, Vice President/Manager of the Watershed District, brought the committee up dredging projects. Minnehaha Creek to date on two Libb's Lake dredging status- The' Watershed District has offered a proposal which allows dredging to the 929.4' elevation used in 1963 rather than the elevation of five years ago providing the restoration work is completed immediately and the work is done by a licensed contractor. There are at least two Opposing neighborhood groups involved in the dispute. MCWD wants the.'area restored. · Responding to a question from Rascop, Love said they Using the 1963 elevation because they have data on that and seemed like a reasonable compromise. are it Gayle's Marina dredging status Currently MCWD is handling a dredged depth violation upon complaints of the neighbors. The owner of Gayle's Marina is suing the MCWD because they will not allow him to dredge below the 923.4 level which he claims deprives him of business. The MCWD has permitted dredging of 7' for keel boats but the standard marina dredging is 5' Hurr questioned why there was a difference, noting the DNR was going to allow the 7' She also noted the Marina cannot get a temporary low water variance because of its location at a channel. Responding to a question from Rascop, Love said they inspect about 50% of the projects on completion or complaint. A positive step has been taken in licensing contractors. There was also discussion of the fees charged by MCWD and an expression by the Committee that fees should cover all enforcement and administrative expenses associated with dredging permits. 9. There being no further business to come before the committee, the meeting was adjourned at 9:15 a.m. FOR THE COMMITTEE: Eugene Strommen, Executive Director David Cochran, Chair DEPARTMENT OF PUBLIC WORKS 'Engineering Division 320 Washington Ave. South Hopkins, Minnesota 55343-8468 Phone: [6'12] 935-338 '1 September 14, 1989 REC'D SEP i 8 1989 Mr. Edward J. Shukle, Jr. City Manager City of Mound 534i Maywood Road Mound, MN 55364 RE' CSAH 15 at CSAH 110 (North Junction) Traffic Signal Installation Dear Ed: Plans are currently being completed for the proposed traffic signal at the north junction of CSAH 15 and CSAH 110. The cooperative agreement between the City and the County for this project has been approved by both agencies. The next step is to advertise for bids. This process will start shortly with a bid opening anticipated in November of this year, however, an exact date has not as yet been established. Construction of the new signal will begin in the spring of next year with a project duration of two to three months. Traffic signal actuation would then be expected by mid-summer. Should you wish further information concerning this project, please contact Bruce Polaczyk, Design Engineer, at 935-3381. Sincerely, Dennis L. Hansen, P.E. County Traffic Engineer DLH:gk cc' J. M. Wold B. M. Polaczyk HENNEPIN COUNTY an equal opportunity employer 1504 2ND STREET S,E. PO BOX 110 WASECA, MN 56093 507/835-5975 FAX NUMBER 507/835-4567 September 14, 1989 O~,E3LEVIStON Mayor Smith and City Council Members City of Mound 5341Maywood Road Mound, MN 55364 RI:C'U SEP 2 01989 Dear Mayor Smith and Council Members: Effective November 1, 1989 the monthly rate for basic cable in Mound will be adjusted to $17.95 per month. We are also adjusting our premium service rates. The first premium service, no matter which service it may be, will be $9.95, second pay $6.95, third pay $4.95, and the fourth pay' $3.95. The discounting of premium services will be a major change. A complete listing of our rates and charges is enclosed with this letter. These rate adjustments are directly affected by increases in expenses. As an operating business in your community, we have been faced with dramatically increased programming costs along with other increases in operating expenses. However, we have elected to continue to provide our customers with the most current and exclusive programming available. Also, since Triax has acquired the cable system in your community, we have opened a new "Customer Service Center" which is manned Monday through Friday from 8:00 am to 7:00 pm. After those hours we have a 24-hour answering service taking customer calls and dispatching local technicians when needed. ~e have also been in the process of implement'ing new customer service standards which address: cable picture quality, telephone professionalism, and installation and service efficiency. Triax is working hard to minimize expenses while improving the level of service we provide our customers. We are very proud to be your community's cable television company. If you have any questions, please give me a call at (507) 835-5975. Sincerely, Ric Hanson Regional Manager Enclosure RH:evp TRIAX CABLEVISION C,,A]~T~ T~RATES AND CHARGES November 1, 1989 Cable Services Basic Basic + 1 Premium Service Basic + 2 Premium Services Basic + 3 Premium Services Basic + 4 Premium Services Additional Outlet Remote Control Monthly Rate** $ 17.95 27.90 34.85 39.80 43.75 2.50 3.25 Sales Tax not included in monthly rate. Installation Charges Basic Cable Installation $ 45.00 Reconnect 25.00 Additional Outlet Installation 25.00 (No charge for one extra outlet done at the time of install.) Premium Service Installation Transfer/House-to-House Non-Pay Reconnect (Plus one month in advance.) 15.00 15.00 35.00 · ' -The Law Offices of Reed & Pond, Ltd. cordially invite you to an Open House Wednesday, September 27, 1989 4:00 - 8:00 p.m. 5424 Shoreline Boulevard Mound MINNESOTA DEPARTMENT OF NATURAL RESOURCES ~uraeian Water Mi~oi~ Preventi~n Educational Activities for Lake Residents and Lake Users Alwaye remove plant fragments from your boating equipment and trailer before entering a lake and again before leaving it. Dispose of the fragments on high, dry ground~ well away from the water. Know which lakes are infested with Eurasian water milfoil and be particularly careful when boating in them. If possible, avoid boating through hea~y~ surfacing infestations. This will reduce the number fragments available to Start new plants. If your lake does not have Eurasian water milfoil in it, conduct at least one or two milfoil searches each summer. Suggestions on how to conduct a search are available from the Department of Natural Resources. Keep a supply of Eurasian water milfoil flyers on hand to distribute to new lake association members and other lake users. Flyers are available upon request from the Department of Natural Resources. Organize volunteer efforts to monitor accesses~ at least during some key use periods. Boats can be monitored to ensure that plant fragments are removed, and informational literature can be distributed to heighten p~blic awareness. Metal signs, asking boaters to remove plant fragments from'their boating equipment, have been posted at public accesses on all infested and many noninfested lakes. If you. are aware of a missing sign on any of these lakes, please notify the Department of Natural .Resources. Report any suspected Eurasian water milfoil population to: Minnesota Department of Natural Resources Division of Fish and Wildlife Ecological Services Section 500 Lafayette Rd. St. Paul, MN 55155-4025 (612)296-2835. If possible~ mail a fragment of the suspected Eurasian water milfoil. The fragment should be wrapped in paper toweling and placed in a ziplock-type bag. MINNESOTA DEPARTMENT OF NATURAL RESOURCES How to ¢0ndu0t a ~uraeian Water Mi~0ii Bear0h on Your Lake Conduct the search on a day when the lake is fairly calm, since choppy water makes it difficult to see the plants. Early morning is usually a good time to search. Plants may' be more visible on a sunny day than they are on a dark, cloudy one. Boat slowly around the lake's shoreline. One person should operate the motor while a second person looks for Plants off the bow of the boat. Polarized sunglasses will help if you have problems with glare. Aquatic plants are generally found in shallow water where sunlight penetrates to the bottom, usually in depths less than fifteen feet. If your lake is shaIlow and plants grow all the way across, you should conduct at least a few searches in the center of the lake. If your lake is deep, a systematic search around the shoreline will he sufficient; it will not be necessary to e×amine the deeper p~rtions cf ~he lake. A pioneer infestation of Eurasian water milfoil can grow and ~pr. ead very rapidly. You should examine any "unusual" growths of aquatic plants in areas you are familiar with. Always look for Eurasian water milfoil in the vicinity of boat accesses and marinas. Initial infestations often occur in areas where a boat, carrying fragments from an infested lake, has launched. Check for a concentration of aquatic p!~ant fragments around the lake outlet, and any flow-restricting structures such as dams and spillways. Also check for plants near stream inlets and in shallow bays. If you encounter what you suspect to he Eurasian water milfoil, do not attempt to identify it hy just looking over the side of the boat. Carry a garden rake on board, and rake up some of the plants so you can take a close look. Bring along a jar or a few plastic hags in case you need to collect a sample for further identification. If possible, collect the entire plant, including stems, leaves, and flowers, if present. Add some water to the samples so they don't dry out; identification of dried plants can be difficult. Note the date, collection location and some details about the site where the plant was found. Contact the Department of Natural Resources, and send the sample in for identification verification. Aquatic plant samples may be sent to: Minnesota Department of Natural Resources Division of Fish and Wildlife Ecological Services Section 500 Lafayette Rd. St. Paul, MN 55155-4025 (612)296-2835. It is important to conduct at least two Eurasian water milfoil searches during the summer since it is very easy to miss an early infestation of this plant. If you discover what you think is Eurasian water milfoil in a lake not known to be infested~ contact the Department of Natural Resources immediately. Eurastar~ Watermtlfoil tn Mir, r, esota Eurasiar, watermilfoil (Myrioph¥11um s_picatur,1) has gained notoriety fc, r causing r, uisance conditior, s ir, rnar~y North American lakes. Native to Eurasia, this plant was intrnduced into North America ir, the !94.0's, presumably as an aquarium plant. Since ther, it has spread to 37 states and two Car, adian provinces. Eurasian waterrnilfc, il grows quickly, up to 2 inches per day, arid because most of the plant growth occurs near the water surface it car, form dense, impenet~'able surface n~ats. Although it has a hard tirne getting established ir, lakes where there is a healthy populatinr, c,f native pla~,ts, Eurasian rnilfoil ca~,, like many other exotics, quickly ir, lest disturbed sites. The mair, method nf reproductic, n is by fragrner, tation, and as a result this pla~t can quickly infest a lake. Plant fragn~ents car, be transpc, rted by surface currents, aquatic birds, b,z, ats and the like to other areas of a lake or to different waterbodies, where the fragn~ents regenerate to form new plants. Or, ce established, Eurasian waterrnilfoil can out-c.:~mpete many native aquatic plants and become the dominant species within a few years of its introduction ir, tm a lake. Because it grows readily and fc~rms dense surface mats, it car, seri,-,usly impair recreational lake activities like boatir, g, fishir~g, water skiing and swim, ming, ar, d is also cor~sidered ar~ eyesore. Sc, far, Eurasian waterrnilfoil has been four~d in seven Minr~esota lakes. All ir, festatior~s, except fnr Lake Minnetonka. were first r,z, ted durir~g I988. Table i lists these lakes, alor~g with notes abc, ut the exte~t nf ir~festation. Further sampling w,_-,u~d rm_-,re accurately define the extent and locatior, of ir, fest. ati¢)r,s in these lakes. Table I. Minr~esota lakes in w~ich Eurasiar~ waterrnilfoil has been four'd- ~r~q5 /~] Size of Lake ~unty Lake (apres) Infestation Notes ~innetonka Hennepin !4,191 infestation widespread; Libbs Henr~pin 17 George Olmsted Virginia ~arver 118 Lac Lav~ Dakota 55 White ~ear Wa~ington Lake of the Isles Hennepin 157 inf~tation wioesoread~ connects to Min~etonka small, private lake i~festation leve! ~nk~c~n; co.retted to heavy infestation; small, o~ivate lake fo~r~ at Tal!y's Wari~a ~c~,- plant fragments floating in The Cost of Doing Nothing Environmental Impacts Eurasian water:~ilfoil ir~festations tend to replace r~aturally occurring aquatic plant species, resulting in a loss of diversity in the aquatic plant ccm~munity, and replacement of valuable aquatic plant species like largeleaf and claspingleaf pondweed. Irs additior~, dense r~ats of filamentous algae are often found irs association with Eurasian watermilfoil. Eurasian watermilfoil has been associated with panfish stunting, by providing dense cover and protection from predators. Wowever, other aquatic plants abundant in Minnesota lakes, like coontail, bushy pondweed and northern watermilfoil, have also been associated with stunting, and Eurasian watermilfoil ir, festations that replace these plants will probably not exacerbate panfish stunting. Studies have found that Eurasian watermilfoil removes large a~ounts of phosphorus from lake sediments and recycles it into the water column, where the phosphorus cars stimulate further plant and algae growth. Effects of Eurasian watermilfoil on zooplankton are also unclear. Some scientists feel that large zooplankton species that provide an important forage base for ~any fish benefit fro~ the protective habitat provided by Eurasiar~ watermilfoil, while others have associated Eurasian milfoil with low zooplankton abundance. Recreational Impacts Heavy Eurasian watermilfoil infestatior: can adversely affect all kinds of recreatior, al lake activities, such as a~,glir~g, sailboating, powerboatir:~, swi'mmir, g, etc. This can lead to a decline in recreational lake use, and ~ay also result in a loss of recreation-based revenues to the local econor,~y. Economic Impacts Various studies cite reducti,,,n in ~-iparian ~rope~ty values as a consequence of heavy, ur, mar, aged aquatic plar, t growth. Quantificatior, of the decline is, c.f course, difficult to deter~ine and highly variable, but estimates have beer, ~,~ade. Riparian p~-c, pe~'ty values ~n Buffalo Lake, Wisconsin are estimated to be approximately 10% lower than those of sir~ilar' properties on.less weedy nearby lakes, it is important to note that when aquatic piar, t ~rc, wth is r~anaged to allow reasonable recreational lake use, pro~ert~ values e. re generally r~c,t a0~reciably di~ir~ished. Options For Control ~revent i on The most ir~portant means of contrc,!lir, g Eurasian watern~ilf:0il is by prever, tir, Q its spread ir, to nc, r, ir, f:ested waterbodies. This is done through n~,:,r, itc, rir, g arid oublic education. DN~ staff currently identif:y aquatic vegetation as part of the lake survey process. Ir, additic, n, r~etro fisheries and Ecological Services staff: have beer, conductir, g aquatic pl.ant surveys ir, r~et'ro area lakes ir, the hope o~ spotting earl7 Eurasian watermilfc, il infestatior, s. Some recent public awareness work has aisc, beer, done in Minnesota. The Freshwater Institute sponsored a Eurasian watermilfoil seminar last sun, ruer, and has published sonde brochures fc, r public distribution. In addition, the Lake Minnetonka Conservation District has pc, steal "Eurasian Waterr,~ilfoil Alert" signs at Lake Minr, etor..ka accesses, ar, d has also developed a pamphlet for oublic distribution. Several articles c,r, Eurasiar, watermi!~oil have also appeared ir, local ar, d regional newspapers and magazir~es this past year. DNR has also included information on how to stop the spread of ur, wanted aquatic plar, ts ir, the 1989 Boatir, g Guide and Fislning Synoosis, and a flyer for public distribution is ur, der development. Plans to fabricate sigr~s ~=,-,r posting at ~ub!ic accesses c.n both infested and r, oninfested lakes (c, ther than Minr, etor, ka) are also ur, derway. If Eurasiar, water~nilfc~il c~r~ be detected ir~ a lake wher, its distribution is limited tc, a '~.q~all, isolated area (less than a couple of acres)~ there is a ohar, ce that the plar, t ear, be eradicated by chen~ical treat~,~ent with a systemio herbicide. Currently, aouatioall~ labelled c. 4-D products have been the n~ost useful ir, this regard, but other k~e~bicides such as flu~idor, ear, d triehlopyr are beir, G evaluated. The greatest advantaqe of ~,4-D use is that this pmoduct is effective c~r, c~nly a very {mw aquatio plant species, and will allow for selective cor, trc~l c~ Eurasian wate~milfoil without destroyir, g n~ar, y of the native~ species. ~luridone may aisc, pfc, ye quite useful sir, ce it seems to be e{fective on Eurasian watermilfoil at doses too lc, w to corvette,! other plar;ts. Ur~der r,o circu~,~starces should n~echar, ical cc, ntrol be atten~pted or, isolated new infestations, because p!ar~t fragq~er, ts ger~erated by harvest ir, g would spread the ir~festatic~r,. Establish-ed !nfestations Once established in a lake, Eurasian waterr~ilfoil is virtually impossible to eliminate. Ir, some ir~stances, confinernent of the infestation to a bay may be oossible. If confinement is not possible, the rl~ilfoil can ~e rnanaged via mechanical control arid/or herbicide application programs to er, able contir, ued recreational lake use. In additi,--,n, re~lar, ting treated ,~,~ harvested areas with native species ~ay help suppress Eurasiar, watermilfc, il. All of these activities are regulated through the DNR's Aquatic Plar, t Management Program. In most such situatior~s ir, the r, ortherr, U.S. and Canada, n~echar, icai control programs have been emphasized over widespread herbicide use. Although both methods should be seer, as r,~aintenance measures requiring annual repetition~ there is some evider, ce that, over time, n~echanical harvesting suppresses ~_urasian watermiifoil growth and allows other plant species to grow. Mechanical harvesting should not be considered if it would result in a high risk c,f plant fragment transport ir, to ur, infested waterbndies. Other ~,~echanical cor, trol ~easures that have been used elsewhere i~clude underwater rototi!ling ar, d installation of benthic barriers. Benthic barriers are not allowed in ~ir, r, esota sihce several problen~.~ are associated with their ir. stallatic~,. Rototi!!ir,~, w~ile s~:ccessful ir~ so~e circurnstances, resusper, ds large quar~tities of sedin~ents, and would require bc, th DNR Protected Waters and MPCA Water Quality permits. Fragmer, t barriers at the c, utlets infested lakes ~ould reduce or prever~t the spread of Eurasian watermii¢.:,ii to, dowr, strearn waterbc, dies, but date nor, e have worked s. uooess~,.~iiy. Pr.c, the-' alterr, ative not c,:-eser, t!y av.~.l, abie, but which r~ay have oc, tential for the future is biological c.-~.r~tro!. Currently, no biological ager, ts car~ be brc~ught i:'~.z, Minr, esota, ir, addit ion, no cor, sister, t ly efCect ire bic, cc, ntrol agents have yet been fc, ur, d for Eurasian watermiifc, i!. Grass carp are r, ot particularly effective in controlling Eurasian watermilffoil because it is a less preferred food soLIPce than ma~,y other ber, eficiai olaf, ts. A ¢.lngus (Mycolept.t;,di.lcus terrest~'is) ~.as s~owr, sc, me promise, but is still in the develc, prner..t sta~e. Ever~ i~ this pathogen is ~ound to be effective aGair, st watermilfoil, it is still several years away f'--c~m being ,;er, era!ly avail' ~umma~y o~ Eurasian Wate~mil~oil Impacts I. Er, vi~'or, mer~tal Impaots A. Can p~'omc, te par~fish stur~tin~ B. ~eduoes aouatio p!ar, t oom~ur, ity dive~'sity C. ~ep!a~es plar~t species imoc,~tar, t ~o~- ~is~ arid wi !dt iZe D. Assc, oiated witk heavy ~i!an~e'~tc~.~s algae g~'owth II. Rec~-eatior, al Ir,~paots A. In~ested a~eas a~'e un~ishable B. Other- wate~~ ~-ec~eatior, aoitivities ir, hibited C. Beauty ,-_,f~ the lake is ~'eduoed III. Ecor.z, mic Impacts A. Ripa~iar~ p~'c, pe~-ty values car, declir, e if B. Lc, ss ,:,F pecY-eatic, r, t'ever, ues HENNEPIN PARKS EURASIAN WATER MILFOIL CONTROL PROGRAM SUMMARY OF ACTIVITIES ~/ATER OUALITY MANAGEMENT PROGRAbt In 19.89, Heonepin Parks hired a Water Quality Manager to develop a District.wide water management plan including weed identification and conm)l. Virtually 100% of the Water Quality Managers time has been spent on Eurasian water miffoil control since his employment. · LAKE INSPECTION Inspection of entre lakes in or adjacent to Hennepin Parks' property at a minimum of every throe weeks since the ~. start of the weed ~owing season. In addition to these regular inspections, all pub.~c ~pons of Fatraaian water milfoil (~ONTROLLED PUBLIC BOAT ACCESS Hennopin Pad~' boat access operations policy is to permit only the number of boats that can be accommodated in planned boat/trailer paddng stalls, therefore, restricting use to planned safe level of activity. BOAT INSPECTION Boats entefins launches accessed through pad~ getehouses are ~iven a "walk-around" visual tnsl~on of the boat and trailer to detect weeds. May fat - Labor Day, $:00 a.m. to 10:00 p.m. Hours adjusted during remainder of boating season. WEED DISPOSAL BARREL Oranse 55-galion drums arc present at each launch site and ar~ si~ned as weed ~isposal aires. · EDUCATIONAL SIGNS Orange and black signs identifying Eurasian water miifoil and warning boaters to remove weeds before and after lake use are placed at each boat launch site. · EDUCATIONAL MATERIALS Hennopin Parks developed and distributes to ail boaters entering through Satebouses an educational btx~hu~ identt- fylng Eurasian water milfoil and insmacts boaters on proper boat inspection pmdecutes. Hennepin Parks also disuib. utes a DNR information card and has disutbuted a homeowners association flyer at Lake Independence. · LMCD EURASIAN WATER MILFOIL TASK FORCE Hennepin Parks sends staff to monthly meetings of this Task Force. In addition, the Di~ctor of Natuntl Resources Management and the District's Water Quality Manager serve on the Eurasian Water ldilfoii Task Force Scientific Management Team. COMPUTER SERVICES Hennepin Pad~s provided equipment and wodced with LMCD in developing a computer tracking program for record- ins data on the harvesting and Sxowth of Eurasian water mil foil. Hennepin Parks staff is also involved in the entry of data and will be involved in interpretation of data. · 'r~/EED HARVESTER Hennepin Parka purchased a Weed harvesting machine at a cost of $86,050 (delive~ delayed -~! late August or early September) to aid in Eurasian water milfotl harvesting on Lake Minnetonka aa well aa ha~vestin$ weeds at other Hennepin Parks' lakes. ~OMMUN1TY MEETINGS Hennepin Patio staff have attended numerous meetings with homeowners and other community organizations, listening to concerns and providing information and expertise on Eurasian water milfoil control and other lake issues. ~HEM~CAL TREATMENTS Hennepin Parks has paid for chemical U~aUnents with the approval of the Department of Natural Resources to ltradi- cate milfoil in a~aa with ~latively small, early infestations in Lake Independence, Lake Zambia and Lake Rebecca. HENNEPIN PARKS BOATERS* 1VfILFOIL WATCH PROGRAM A cooperative program to encourage boater responsiblity through boat inspections and education. RESOURCE CONTACTS John Baden, Water Quality Manager, Hennepin Parks, (612)476-~663. Steve Colvin, Aquatic Biologist, Deparunem of Natural Resources, (612)296-0782. Jim Oilbert, Education Coordinator, Freshwater Foundation, (612)471-8407.