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1977-09-13CITY OF MOUND Mound, Minnesota AGENDA Mound City Council September 13, 1977 7:30 P.M. City Hall 1. Minutes 2. Planning Commission Recommendations -p.280-298 3. Preliminary Street Report - North Island Park Area 4. County Road 125 - Plans and Specifications 5. Water Account No. 124-6048 -p.299 6. Anti-Trust Refund -p.262-264 7. No Parking A. Hickory Lane - Rosedale Road -p.256-261 B. Bellaire Lane -p.256-257 C. Driftwood Lane -p.301-306 8. Deferred Assessments -p.253-255 9. Comments and Suggestions by Citizens Present (2 Minute Limit) lO. Transfer of Funds ll. Payment of Bills 12. Information Memorandums -p.220-252 13. Committee Reports -p.300-300A -p.263-279 307 CITY OF MOUND RESOLUTION NO. AGREEMENT Relating to Parking Restrictions on CSAH 125 from Essex Lane to Anglesey Lane in the City of Mound, Minnesota THIS AGREEMENT, made and entered into this , by and between the City of Mound, in Hennepin County, Minnesota, and the Commissioner of Minnesota Department of Transportation. The Municipal corporation shall hereinafter be called the "City"; and the Commissioner of Minnesota Department of Transportation, hereinafter shall be referred to as the "Commissioner," WITNESSETH: WHEREAS, the City or its agents has planned the improvement of CSAH 125 from Essex Lane to Anglesey Lane. WHEREAS, the City will be expending State Aid Funds on the improvement of said Street, and WHEREAS, said improvement does not conform to the approved minimum standards for State Aid Streets and that approval of the proposed construction as a State Aid Street project must therefore be conditioned upon certain parking restrictions, and WHEREAS, the extent of these restrictions that would be a necessary prerequisite to the approval of this construction as a State Aid project in the City has been determined. NOW, THEREFORE, IT IS HEREBY AGREED as follows: That the City shall restrict the parking of motor vehicles on both sides of CSAH 125 from Essex Lane to Anglesey Lane at all times, unless hereafter authorized in writing by the Commissioner. ADOPTED by the City Council. this ATTEST: City C1 erk BY: CITY OF MOUND, MINNESOTA · ~ Manager STATE OF MINNESOTA Recommended for Approval: Director, Office of State Aid APPROVED: DATE: Co~missioner of Department of Transportation DATE' CITY OF MOUND Mound, Minnesota September 13, 1977 COUNCIL MEMORANDUM NO. 77-286 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Cambridge Lane The Council requested the Attorney answer some questions regarding the property in question. Attached is a copy of the Attorney's reply, along with a copy of some court rulings on such problems. CLAYTON L. LEFEVERE HERBERT P. LEFLER CURTIS A. PEARSON J-DENNIS O'BRIEN JOHN E. DRAWZ JOHN B. DEAN DAVID J. KENNEDY GLENN E. PURDUE JAMES D. LARSON CHARLES L. L£FEVERE HERBERT P. LEFLE~ /II JEFFREY J. STRAND LAW OFFICES LEFEVERE, LEFLER, PEARSON, O'IBRIEN & DRAWZ IIOO FIRST NATIONAL BANF~ BUILDING MINNEAPOLIS, MINNESOTA 5540:~ September 12, 1977 TELEPHONE {612) 333~0543 Mr. Leonard L. Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Cambridge Lane Dear Leonard: I have your letter of September 8, 1977 re Cambridge Lane. I have also reviewed council memorandum 77-270 and the attached memorandum from Bob Miner. The facts as I understand them are that the council has agreed to close Cambridge Road south of Avon Lane to vehicular traffic. It is my further understanding that the Public Works Director is working with the property owner and has approved the construction of the retaining wall. It is my further understanding that the City can not vacate the ease- ment because it has other utilities in the street right of way. You ask (1) if the wall is allowed to stand does the City give up its rights to the easement? The answer to that question is no, they do not give up the easement. The second question relates to removing the wall to fix sewer or water breaks. I am enclosing herewith a copy of a case, Kochevar vs. City of Gilbert, 114 N.W. 2d 24. I believe this case sets forth both of the examples that you have talked about and gives the general rules followed by the Minnesota court. They are in effect as follows: a. The property owner owns the land, the City merely has an easement. b. The abutting owner may use his land for purposes compatible with the use by the public of its easement. c. If the property owner encroaches on the easement and the encroachment is not an obstruction to the public's use of the easement, there must be an adjudication that it does obstruct the public right before it can be removed. LAW OFFICES LEFEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ Mr. Leonard L. Kopp Page 2 September 12, 1977 de Whether a use is compatible or not depends upon the individual fact situation. In the case I am sending you, the property owner was successful in recovering damages from the City because it appears that his use of the land did not have an adverse effect on the City's use and they should not have torn out his wall without a hearing or a showing that he was obstructing the easement. In the case of Kelty vs. City of Minneapolis, 196 N.W. 487 the City did warn the property owner not to construct the retaining wall. In that case the court found that the obstruction would adversely affect the City's use of the easement. It appears that the Public Works Director is working with the property owners and does not consider the construction of a retaining wall an obstruction to the City's use of the easement. If the construction of a retaining wall will have an adverse effect on our maintaining the sewer and water lines, the wall should not be allowed to be constructed, or as in the Kelty case, the City should specifically warn the property owner that the wall may have to be torn down and that he will not be compensated. The wall is not the City's property, it belongs to the property owner. I would think that the first thing you would have to find out is where the sewer and water lines are located and the Director of Public Works should not approve the construction of the.wall nor work with the property owner if the location of the wall will have an adverse effect on their ability to maintain these easements. As I indicated to you on the telephone, the City also has the authority now to vacate the street easement portion and retain only a utility easement. Very truly yours, Curtis A. Pearson City Attorney CAP :ms Enclosure ~ ~Iinn. 1~1 NO~TH ~ESTERN ~EPO~TE~, 2d SERIES . noted, however, that for 1964 the fixed the taxes to be levied thereafter." L.1963, street or alley, be] subject only to charges were based npon actual cost; thus, c. 738, [ 7. use or relnove thc if every patient paid alt costs of services The matter is therefore remanded to the improvement furnished, all operating costs, including the district court to make the necessary so-called cost of educational services, would justments. 2. 51unlclpal Corpo be recovered. But, neither this provision The pnblic has nor the teaching function of the hospital Reversed with directions, abutting owner supports a reasonable inference that the purpose compatibl{ provisions empowering the board to levy ~ Ifc of its easement taxes to raise the funds appropriated are enlarged to the extent of vesting the board a. Eminent Domain with discretionary authority to determine Municipal Corpo~ upon what area the tax burden for any Where encroa item of cost appropriated may be levied. ~' obstruction to publ To approve the board's administrative Anthony I{OCMEVA~ et al., ResponO,nts, must be adjudlcat v. can be removed, interpretation of the act would effect a modification of the precise manner and OITY OF GILBE~T, ApDellani- adjudication that mode by which the board is required to ex- No. S9528. is compensable. ercise its delegated power to levy taxes. Such a modification would be contrary to Supreme Court of 3linnesota. 4. Mu,lclpal Corpo~ the scheme of the act and directly conflict 3Iareh 4, 1900. Whether a with the intention of the legislature as obstruction, depenr clearly expressed in subds. 3, 5, and 6 of ~ the use by the 3. Its effect would impose upon the county Action against city by property owners of the street; wh taxpayers outside Minneapolis a dispro- for alleged improper removal of wall abut- in opening a street portionate burden for the unrecovered costs ting alleyway. The District Court, St. acter is admhHstr. of operation since the levy made is not in Lonis County, Arthur O. Anselmo, J., en- the right of an proportion to the use and nonpayment of tered judgment for owners and city appeal- judicial protection. services furnished to patients residing in ed. The Supreme Court, Nelson, J., held that area.4 In our opinion, the formula that city's removal of wall which encroach- 5. Eminent Domain {or spreading the tax burden for funds ed two feet on alleyway approximately 20 appropriated must be followed whether or feet wide was compensable absent adjudica- City's removal not any item of estimated cost directly tion that removal was necessary because cd two feet on all benefits the patients. Had the legislature city intended to improve alleyway for bene- feet wide was corn[ intended to grant the board discretionary fit of public, especially where adjoinin~ tion that removal barn which protruded into alley by 1 foot city intended to im1 tax-levying power, the demonstrated skill ' fit of public, esp, of those who drafted and passed upon this was not declared obstruction, barn which protru, was not declared ol act could easily have reflected such in- Affirmed. tention in clear and explicit language. 6. ~ury ~28(15) I. ~unlclpal corporalion~ ~83(I, 3) The act provides that, where it is found Record disclos upon appeal that the board has improperly It is elemental that any abutting land- consented to case b determined the tax levies, the district court owner owns to the middle of the platted and detemined by has power to effect adjustment by order- street or alley, and that the soil and its :;! rule 38.02, snbd. 3,' ing an "increase or reduction of * * * appurtenances, within the limits of such . i 4. The use by county patients residing out- vahmtion of the entire ~unty; hence, Syllabus sltle Minneapoli~ averages less than ~ that area would hear gS percent rather percent, while the assessed valuation of than g percent of the cost of "~h~,~a- 1. It is clem( property located within that area approxi- tional Services." landowner owns to mates B$ percent of the total assesse4 141 land- atted its such h~'r · KOCHEVAB; v. CITY Ok' GILBERT Cite a~ l~it .X.V,'.2(124 street or alley, belong to the owner in fcc, subject only to the right of the public to tlse or remove the same for the purpose of improvement. 2. Munlelpal Corporatlons The public has but an easement and the abutting owner may use the land for a purpose compatible with the use by the pub- lic of its easement.' 3. Eminent Domain Municipal Corporations Where encroachment is not clearly an obstruction to public's use of easement there must be adjudication that it is before it can be removed, and its taking without adjudication that it could be lawfully done is compensable. 4. Municipal Corporations ~:=665 Whether a use is compatible, or is an obstruction, depends upon the character of the use by the abutter and the character of the street; what the municipality does in opening a street or determining its char- acter is administrative or legislative, but the right of an abutting owner is given judicial protection. 5. Eminent Domain City's removal of wall which encroach- ed two feet on alleyway approximately 20 feet wide was compensable absent adjudica- tion that removal was necessary because city intended to improve alleyway for bene- fit of public, especially where adjoining barn which protruded into alley by 1 foot was not declared obstruction. 6. Jury ~28(15) Record disclosed that defendant city consented to case being removed from jury and determined by court. Rules Cfr. Proc. rule 38.02, subd. 3, 27A M.S.A. Syllabus by the Court 1. It is elemental that any abutting landowner owns to the middle of the platted ~rinn. 25 street or alley, ;:nd that the soil and its ap- purtenances, within the limits of such street or alley, belong to the owner in fee, subject ito the right of the public to use or..,, ore the same for the purpose of im-'x,, ement.~ 2. The public has but an easement and the abntting owner may use the land for a purpose compatible with the use by the public of its easement. 3. \Vhether a use is compatible, or is an obstruction, depends upon the character of the use by the abutter and the charac- ter of the street. What the municipality does in opening a street or determining its character is administrative or legislative; }~but the of abutting owner is given right an ~dicial · protection. William R. Ojala, Gilbert, for appellant. O'Leary, Trend & Berger, Virginia, for respondents. NELSON, Justice. Appeal from an order of the district court denying the motion of defendant city for an order setting aside the findings of fact, conclusions of law, and order for judgment, and substituting therefor findings of fact, conclusions of law, and order for judgment in its favor, or for a new trial. The facts are simple. Plaintiffs, resi- dents of the city of Gilbert, are the owners of three adjoining lots in the city. The record discloses that in May 1960 plaintiffs received a letter from the city engineer notifying them that their lawn extended approximately 2 feet into an abuttiug alley which was supposed to be 20 feet wide. Plaintiffs did not contest this and the city subsequently cut out the encroachment claimed, leaving an edge roughly 18 inches high. Plaintiffs then asked the city clerk if the job had been completed and received assurances to that effect. They then cut the bank in toward their abutting lots another HERBERT P. LEFLER LAW OFFICES ~,~ LEFEVERE, LEFLER, PEAR$OIxI, O'EBRIEN & DRAWZ I100 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55~02 .~ TELEPHONE September 12, 1977 ~ k / ~ Mr. Matthew Phillippi 4920 Tuxedo Boulevard Mound, Minnesota 55364 Re: Lots 18, 19 and 20, Block 10, Arden Dear Mr. Phillippi: This will confirm our telephone conversation of the afternoon of September 12, 1977 at approximately 3:45 P.M. Our conversation was terminated when you hung up the phone and told me that you were not coming to my office or any place else to close on the sale of.your property. If I understand your statements over the phone correctly, you are now demanding that the City of Mound pay you the sum of $10,000 as a net figure regardless of what you owe against the property. On July 27, 1977 you and the City Manager of the City of Mound and myself entered into a purchase agreement for the sale of your property to the City. That transaction was to be closed on or before September 1, 1977. If you will note in the next to the last paragraph of that contract, it is your responsibility to furnish the City with a registered property abstract "certified to date". On August 8 or 9 I received in the mail a registered property abstract which you had delivered to Mr. Kopp. That abstract was certified to October 1, 1976. I contacted Mr. Kopp and indicated that I could not examine that because it was too old and was outdated. He instructed me to obtain a new abstract which I ordered from Title Insurance Company on August 10, 1977. I asked the title company to expedite the preparation of %hat abstract as much as possible. A new registered property abstract was prepared and delivered to me and on August 22, 1977 I wrote a title opinion to Mr. Kopp setting forth the status of the property and calling attention to the fact that there were various things that had to be done before the City could obtain a clear title. At Mr. Kopp's direction, I also took it upon myself to contact the fee owner, Mr. Samuel Segall and his LA~/ OFFICES LEFEVEIRE. LEFLER, PEARSON, O'BRIEN & DRAWZ Mr. Matthew Phillippi Page 2 September 12, 1977 his partner, Roy A. Schwappach. I also took it upon myself to contact First Guaranty Corporation and indicate your desire to expedite this closing. I sent them copies of my title opinion so that they would know what had to be done prior to the time of closing. Mr. Segall was out of town at that time but returned and called me and asked what had to be done. Various deeds were prepared and certain probate matters concerning one Frances L. Enger were accumulated and a closing date was set for September 2, 1977. I was out of town on September 2, but Mr. James Larson of my office met with you and representatives of First Guaranty Cor- poration in an effort to close. It was then disc'overed that the deed from the fee owners, Segall and Schwappach, only conveyed an undivided one-third interest to First Guaranty Corporation. Therefore, neither First Guaranty nor you were in a position to deed clear title to the City of Mound. It was also my understanding that there was some difference of opinion about real estate taxes between you and your contract vendor, First Guaranty Corporation, and the fee owners, Segall and Schwappach. During the week of September 6 I took it upon myself to do additional · legal work in your behalf and contacted Mr. Segall and Mr. Schwappach and had a new deed prepared which they executed and delivered to my office. On September 7 I immediately called Mr. Kopp and asked him to contact you and tell you we were ready to close. I also suggested to him that the City pay its monies to our trust account and that our trust account would then disburse to you, First Guaranty Corporation and Segall. I did not hear from you until September 12 when you have informed me that you have no intention of closing unless you get $10,000 net. I am sorry to say that I have no control over how much you net be- cause that depends on how much you owe the fee owner and First Guaranty. I am enclosing herewith a copy of the check from the City of Mound to me and I am tendering to you an offer to close on this property immediately and I am asking that First Guaranty and Segall attend such a closing so that we can ascertain who to pay the money to so that the City of Mound will have a clear title. CAP:ms Enclosure cc: Mr. Samuel Segall First Guaranty Corporation Mr. Leonard L. Kopp Very truly yours, Curtis A. Pearson City Attorney City of Mound 3/7 AGENDA Minnehaha Creek Watershed District September 15, 1977 7:30 p.m. Wayzata City Ball Wayzata, Minnesota 1. Call to Order. Pre sent: ~ '~'"':"' ~'~'/" 'Ab'sent.- ...... Staff: 2. Approval of Minutes: August 18, 1977 - Bearing of Permit Applications: A. 76-98. Suburban Berm,pin County Area Vocational Technical Schools,. District 287,' Renewal Permit. for' Grading- and .iDrainage ~ -.' Orono" and~ Medina ~. ~ ~.'~ Action taken: ' ' ' ' ' ' Be 77-41. Gregory Malik,..4908~..Three Points.'Boulevard,-Mound,'~'.-..~ Build Retaining Wall in Lake Minnetonka Action taken: C. 77-102. Low'ell Johnson (Stone Ridge ~ace), Grading for Single Family Development - Minnetonka Action taken: D. 77-103. Saul Segal, 17915 Comstock Road, Minnetonka, Site Grading in Wetlands Area Action taken: E. 77-104. Stanley Markson, Setback Variance on Lake Minnetonka - Minnetrista Action taken: F. 77-105. Beth Jones & Associates, Build a' Residence, Lake Sumbra - Victoria and Laketown Township Action taken: G. 77-106. John R. ~nomas, Tonka Bay Village, Lake Setback Variance on Lake Minnetonka Action taken: 77-107. James Hunder, 5501 Sherwood Drive, Mound, Silt· Removal - ~arriso~!s. Ba~ of_Lake,~Minnetonka,_...,. ............ Maintenance'Dredging'and'RipraPSh'Ore"' '--Action taken: I. 77-108. Michael. Doshan, 5513 Sherwood Drive, Mound, Silt Removal!-:Harrison, s~Bay.of..Lake'.Minnetonka, .... Maintenance. Dredging and Riprap~Shore ~.·. - Action taken: Sherwood Properties,<Minnetonka;'Single'Family · ~'. · J. 77-109. Action taken: Development Involving Lot and Street Grading 3 K. 77-110. Hennepin O~unty Department of Public Works, CSAH 125 between Essex Lane and Anglesey Lane, Mound - Road Construction Action taken: L. 77-111. ~ennepin County Department of Public Works, Minnehaha Creek Crossing between TH 7 and CSA~ 3, Ropkins- Removal of Arch and Replace with Bridge Action taken: M. 77-112. Methodist Rospital, 6500 Excelsior Boulevard, St. Louis Park - Develop Surface Parking in Floodplain Action taken: 77-113. Ervin Stobble, 315 Pineview Lane North, Plymouth, Grading and Alteration of County Ditch - Gleason Lake Action taken: 4 O. 77-114. Shorewood Homes, Inc., Grading and Drainage, Single 'Family Residence, Minnehaha Creek Floodplain - Minnetonka Action taken: P. .77-115. David. N...Helmers,..1961.~.Hillside. Street,...Deephaven, Filr"NeededNear Pond~'t'o'Separate'-Proposed'CuId~sac Action taken: .4. Hearing of requests or.petitions by. public for.action by .. watershed-district~ '. 5. Hearing and discussion of matters of general public interest. Reports of Treasurer, Engineer and Attorney: A. Treasurer's Report - Mr. Russell: 1. Adoption~of Budget for 1978" Mill Levy Authorization - (a) Administrative Fund (b) Water Maintenance and Repair Fund. 5 3il. August 30, 1977 TO: FROM :: SUBJECT: Mr. Kopp Public Works Office Cambridge Lane We are requesting that the Cambridge road closing and proposed new home driveway area be treated the same as on Jennings Hoad. Both streets require that a portion of the closed streets be used by the abutting property owners for easy access to their driveway and park- ing areas. The individual on Cambridge Lane is putting in his own wooden wall to retain our dirt fill. The wall is partly on the closed right of way. The ~ity will afford drainage behind this wall for water from Cambridge Lane. We will rake and seed the closed portion behind this wall and put in a walkway for the public to use. This should not cause any inconvenience for the public or the city. Respectfully, Robert A. Miner Public Works Director RAM/ion CITY OF MOUND Mound, Minnesota September 13, 1977 COUNCIL MEMORANDUM NO. 77-287 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Tax Forfeit Land Attached is a copy of the notice for the tax forfeit land sale. The first lots listed--Lots 40 and 41, Auditors Subdivision 167, did not appear on the last list. These were being purchased tax forfeit and pro- bably the purchaser didn't make payments. The lots are zoned commercial and because of their size, they would be difficult to build on--so it might be better for the City to take these for Park land. Since our request will go in so late, it is not known whether we can still get these, but we can try. O/V $$ C**J , , Official Publication for Hennepin Cpunty COUNTY AUDITOR'S NOTICE OF SALE 'OF FORFEITED LANDS (Published in Finance and Commerce, Friday, Sept. 9 and 1_____6, 1977) NOTICE IS HEREBY GIVEN that I shall sell to the highest bidder, but for not less than the appraised value as it herein pears, together with any ·special assessments and a 3 per cent Assurance Account charge, the parcels of land herein described, which have forfeited to the State of Minnesota for non-payment of taxes and which have been classified and appraised as prodded by law. This sale will be governed as to terms by the resolution of the Board of County Commissioners of Hennepin County' adopted on the 30th day o! August, 1977 authorizing same, and shall commence at 9:00 A.M. on the 27th day of September, 1977, on the 23rd Floor, Courts Tower, "Hennepin-CoUnty Government Center, 300 South 6th St., Min. neapolis, Minnesota. Any parcels for which no bid is received at the public sale shall be sold at private sale to anyone offering to pay the appraised value, together with any special assessments and a 3 per cent Assurance Account charge· RESOLUTION BY THE BOARD OF COUNTY COMMISSIONERS APPRAISING FORFEITED LAND AND AUTHORIZING AND FIXING THE TIME AND TERMS OF SALE THEREOF: RESOLUTION NO. 77-8.992 Commissioner Tlcen, seconded by Commissioner Spartz, offered the following resolution: BE IT RESOLVED, that. the Board·approve a public sale by public auction o! non.conservation tax forfeited land as listed on Appraisal List "652-A", on file in the Office of the County Com- missioners, pursuant to Minnesota Statutes, Chapter 282.01, such sale to be held Tuesday, ~ lffH~at 9:00 ' 'the meeting ~23rd floor of the Courts ~epin County Gove/'n: ment Center for not less than the appraised value and that all sales shall be full payment or on the terms set forth on Appraisal List "652.A". Commissioner' Sivanich moved that ff there is a parcel of land on Medicine Lake, suitable for public access, contained within Appraisal List "652.A", that it be withheld from sale. The motion was seconded by Commissioner Ticen · and approved as follows: " SPARTZ--YEA ' TICEN--YEA "~. KREMER--YEA ~ ,."!. ROBB-.N~Y · , SIVAIClCH--YEA OLKON--YEA DERUS~-YEA The motion was approved. The question was on the adoption' of the resoluflnn and there were follows: Yeas -- Spartz, Tlcen, Kremer, Robb, Jr., Slvanich, Olkon, Chairman Derus. Resolution adopted. FINANCE and TAX FORFEITED ' LAND APPRAISAL LIST "652-A" Terms 'for the sale of tax for- feited land: $50.00 or less--full payment $51.00-$100.00- V2 down -- balance in 5 equal annual in. stallments $101.00-$500.00 -- V4 down -- balance in 5 equal annual in. stallments 501,00 or more -- I/5 down -- balance in 10 equal annual ha.. stallments All sales shall be subject to a 3 per cent. assurance account charge, payable at the time of ~urchase. Installments and interest at the rate Of 4 per cent per annum on all deferred' installments'shall become due on the anniversary of the date of Purchase, provided however, that the entire unpaid balance of said purchase price, with accrued interest, may be paid at any time before the final in. stallment becomes due; and ~ All parcels shall be sold subject to. existing leases, if any; to easemgnts obtained by govern- mental subdivision, or agency thereof, for any public purposes; to ~ restrictions appearing of record at the time of the tax judgment sale; to all existing laws and' or- dinances; and to the condition that the appraised value does not represent a basis for future taxes; and, All amounts on the appraisal list which are marked with an asterisk(*) are unpaid special assessments and are subject to a ~eassessment or new' assessment )y a municipality on the balance; it. my, which exceeds the purchase ~rice (less administration costs) mrsuant to Chapter 259, Laws 976, , Appraised ~ .. Value ;SCRIPTION Dollars CITY OF MOUND #1 ($~) AUDITORS SUBDIVISION NUMBER 167 HENNEPIN COUNTY MINNESOTA Lots t0 & 41 ................ $ 3,000.00 AUDITORS SUBDIVISION NUMBER 168 HENNEPIN COUNTY MINNESOTA E Si of that part of Lot 46 lying S of the Wly ext of Nly line of Lot 14 N of N line of Lot 55 and E of W 25ft of Lot 46, Lot 46 ......$ 1,000.00 The W Y~ of that part of Lot 46 lying S of the Wly ext of Nly line of Lot 14 N of N line of Lot 55 and E of 25 ft of Lot 45, Lot46 ..... $ 1,000.00 L P CREVIERS SUBDIVISION OF PART OF LOT 36 LAFAYETTE PARK That part of Lot 3 lying N of the S 6 ft thereof, Lot 3, Block 3 .................. $ 400.00 DREAMWOOD Lotsg& 10, Block 9 ........ $ 100.00 1,284.61' Lot 11, Block 12 ............ 1,0$3.a0- Lot 1,Block 13 ...... COMMERCE 3 FRIDAY, SEPT. 9, 1977 Appraised. Value. DESCRIPTION Dollarsl CITY OF MOUND#I (85) (Continued) THE HIGHLANDS' Lot 4, Block $ .............. $ 4,500.00 1,114.42' ABRAHAM LINCOLN ADDITION TO LAKESIDE PARK MOUND MINNE TONKA Lot 31 and that part of Lot 32 lying S of the N 10 ft thereof, Block 2 .......... $ 3,000.00 MOUND SHORES Lot93 ..................... $ 2,500.00 · REG LAND SURVEY NO. 1222 Tract A ................... $ 6,000.00 -. 2,521.63* .SHADYWOOD POINT HENNEPIN COUNTY MINNESOTA c ' Lot2; Block 5 .............. $ · Lot24, Block5 .......... ":~.$ 4,000.00 "', 1,271.63' Lot 10, Block6 ............. },, 1.000.00 '1,063.30° Lot 3, Block ? ..............$ 1,000.00 1,I05.70' Lot 4, Block 7 ...: .......... $ 1,5~.00 Lot 5 and the S % of Lot 4, Block 17 ................. $ 2,500.00 : ~' ., J'. 1,243.92' WOODLAND POINT Lots 2~ & 24, Block 10 ; .....$ 2,500.00 1,406.75' CITY OF MOUND 112 (32) ' ARDEN Lot 25, Block 5, ex st ....... $ 1,200.00 1,151.13' Lot 25, Block 5, N 50 ft ex st. $ 1,200.00 a09.21' DEVON Lot 4, Block 5 .............. $ 500.00 1,080.53' Lot 12, Blo. ck 19 ............ $ , 500.00 658.04* PEMBROKE Lots 12 & 13, Block 1 ..... ;.$ 3,000.00 1,241.3~* Lots 22 & 23, Block 1 .......$ 3,000.00 1,344.94' Lots 10 & 11 ex st, Block 4 .. $ 6,000.00 1,874.03' Lots 11 & 12, Block 9 ....... $ 2,710.63' SETON Lots 7 & 19 also the N Si of Lot 8 & the N Si of Lot 18 incl adj Si of st vac, Block 28 ....................... $ 3,000.00 · 1,977.82' Lots 9 & 17 also the S % of Lot I! & the S Si of Lot 18 incl adj Si of st vac, Block 28 ....................... $ 3,000.110 263.~9' WHIPPLE Lots 1 & 2, Block6 ......... $ 1,500.00 1,342.07' Lots 1 & 2, Block t8 ........ $ 6,000.00 1,Iii0.17* Lots 3 & 4, Block 1~ ........ $ 1,0~0.~0 WYCIiWOOD. 500.00 Lot l, Block 2$ . . .' ....... ;..$ 5~.00 ' / 851.01' Nly 44 ft of Lots 15, 16 & 17, Block 33 .......... / ..... $ 600.00 / 2,094.97* CITY OF MOUND Mound, Mi nnesota September 9, 1977 COUNCIL MEMORANDUM NO. 77-276 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager No Parking Driftwood Lane The property owners on Driftwood Lane have petitioned (see copy attached) that there be no parking on Driftwood Lane from Bartlett Boulevard to the end of Driftwood. Reports from the Public Works Director and Police Chief are attached. The "No Parking" is recommended. If parking is removed, an ordinance change is required. f ON LAKE MINNETONKA INDIAN IBURIAL, MOUNDil deL_ Il I [I I -- ' ..... - .................... 5341 MAYWOOD ROAD TELEPHONE MOUND, MINNESOTA 55364 (612) 472-1155 September 6, 1977 TO: Mr. Kopp FROM: Public Works Office SUBJECT: No l~rkin9 Request We have received a request for No Parking both sides of Driftwood Lane. As noted in the letter of request, it is a very narrow 9raveI road, the right of way is twenty feet. The maintained portion of Driftwood Lane is approximately twelve feet. This request is reasonable and recommended by the Public Works Dept. Respectfully, Public Works Director RAM/jcn ON LAKE; MINNETONKA INDIAN BURIAL MOUND~ 534.1 MAYWOOD ROAD TELEPHONE MOUND, MINNESOTA 55364 (612) 4,72-1155 September 8, 1977 TO: FROM: SUBJECT: Leonard Kopp - City Manager Charles Johnson - Chief of Police Parking on Driftwood Lane 1. PROBLEM: e The residents in homes on Driftwood Lan, have submitted a petition requesting that the road be posted "No parking" because of hard- ships and inconvenience it causes for moving traffic on the roadway when cars are parked. ASSUMPTIONS: There is adequate parking for residents and their guests on their private property. FACTS BEARING ON THE PROBLEM: Control of parking in this area is essential for the safety and welfare of the residents. A. Driftwood Lane is a very short roadway running south from the 4800 block of Bartlett Blvd. B. Driftwood Lane roadway is only 16' wide which is Just barely wide enough for vehicles traveling north and south simultaneously to pass one another. C. Certain residents on Driftwood Lane have signed a petition requesting that the roadway be posted for no parking. 4. DISCUSSION: A. Indescriminate parking along Driftwood Lane severely impairs roadway travel. B. It is necessary that the roadway remain openat all times to insure access for residents and of equal importance access for police and fire department in case of emergency. CONCLUSIONS: Driftwood Lane south from Bartlett Blvd. to Seton Lake should be posted for no parking on both east and west sides. 6. ACTION RECOMMENDED: Amend city ordinance 46.29 to read "No parking on Driftwood Lane both east and west sides." The public works department should post as soon as possible the no parking signs. 7. ATTACHMENTS: 1. Copy of petition as submitted by residents on Driftwood Ln. Respectfully, CharIe~ Johnson Chief of Police CJ:lao 15 NORTHERN ROAD ,o l LJ .; 2. .e¢ord plot. ELMER j. . PETERSON COUN~[¥. SURVEYOR HENNEPIN cOUNT¥,MINN- ./ CITY OF MOUND Mound, Minnesota September 9~ 1977 COUNCIL MEMORANDUM NO. 77-277 TO: FROM' SUBJECT: The Honorable Mayor and City Council The City Manager Preliminary Street Report - North Island Park Area Attached is a copy of the Preliminary Report for the streets and storm drainage in the North "Island Park" Area. There are l0 storm drain areas involved with varying costs. The Engineer's suggestion of putting all the drain projects in one should be discussed by the Council. rd L. Kop~p/) CITY OF MOUND Mound, Minnesota September 9, 1977 COUNCIL MEMORANDUM NO. 77-278 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Water Account 124-6048 The subject water account has requested a credit on his service billing for the summer quarter of 1976. This request comes about because his meter was not read for three quarters including the summer quarter of 1976, when he used a considerable amount of water for watering during the drought. He has been billed as follows: Reading March 76 (Read) 133,000 June 76 (Estimate) 158,000 Sept. 76 (Estimate) 168,000 * Sewer based on March quarter Dec. 76 (Estimate) 178,000 March 76 (Read) 276,000 June 77 (Read) 293,000 Gallons Used Billing 24,000 18.81 25,000 31.42 10,000' 21.84' lO,O00 16.24 98,000 108.24 17,000 The owner feels that 18,000 gallons is his normal usage and his sewer billing should be based on that for all quarters. If that would have happened, his billing would have been: Billing w~ulq be Billed Usage Was 'if Meter Keaa Difference June 76 31.42 25,000 --' --31.42 -- Sept. 76 21.84 62,000 41.18 + 19.34 Dec. 76 16.24 18,000 25.17 + 8.93 March 77' 108.42 18,000 25.17 - 83.25 177.92 122.94 (54.'98) In effect, the home owner is requesting a $54.98 sewer credit and has requested to be heard. This will be listed on the September 13th Agenda. Le~ara L. ~opp · ~ ' CC: Account # 124-6048 CITY OF MOUND Mound, Minnesota September 9, 1977 COUNCIL MEMORANDUM NO. 77-279 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Planning Commission Recommendations Attached is a copy of the Planning Commission Minutes. required on the following: Council action is Item 1. Fence Height Variance Lot 9 and Part of Lot 10, Block 3, Pembroke This was continued from the July Planning Commission meeting. of the request are attached. Copies The Planning Commission recommended: The fence be allowed to stand providing: 1) The Police Department agrees that the fence will not have an adverse effect on traffice and traffic safety and 2) Fence meets the proper front setback height off Sterling. The Administration concurs in the recommendation providing the fence is not on road right-of-way. Item 2. Side Yard Variance - Undersized Lot Lots 6 and 7, Block 3, Lakeside Park Crockers 1st Division Zoned A-1 10,000 Square Feet The Planning Commission recommended the proposed garage addition be authorized and that the land be divided into two building sites. Parcel A - Lots 6 and 7 Parcel B - Lots l, 2 and 3 8,250 square feet 9,112 square feet Item 3. Sign Variance Lots 2,3,4,5,6,36 and 37, Block 1, Shirley Hills Unit F Zoned Commercial The Planning Commission recommended construction of the signs requested, provided none of the signs overhand public property. The Administration concurs. Item 4. Subdivision of Land Lots 17, 18 and 19, Block 4, Lakeside Park Crockers 1st Division Zoned Residential B - 6,000 square feet for single family dwelling The Planning Commission recommended the division of land as follows: Parcel A - Lot 17 and N.½ of 18 6,760 square feet Parcel B - Lot 19 and S. ½ of 18 7,700 square feet COUNCIL MEMORANDUM NO. 77-279 - Planning Commission Recommendations September 9, 1977 - Page 2 IItem 5 Fence Height Variance i~ Lot l, Block 2, Highland Shores Zoned A-1 10,000 Square Feet Planning Commission recommended the fence request be granted. variance is a 6 foot fence rather than 42 inches. Item 6 Special Use Permit Lots 7-11, Part of 6 and 14-18, Block 1, Shirley Hills Unit A Zoned Commercial The The applicant wishes to rent office space to a printing sales office company. This is a permitted use in Commercial. The request is due to the parking variance previously granted. The Planning Commission recommends the use. The Administration concurs since the use will not require a great amount of parking. Item 7 Subdivision of Land Lots 7-13, Block 16, The Highlands The Planning Commission approved the preliminary plat. The Council should call a public hearing on this replatting. The Planner has made a report on this (copy attached). Item 8 Zoning Variance Lots 1, 2 and 3, Skarp's East Lawn Tabled for more information Item 9 Street Front Variance Lot 8, Block 7, Shadywood Point Zoned A-1 10,000 Square Feet The applicant wishes to build his garage on subject lot which is across the street from his property. The lot in question is under- sized for a dwelling--has about 6,050 square feet. The Planning Commission recommended the garage construction providing all setbacks be meet and that the lot be legally joined with the lot the applicant's home is on--so the lots can not be sold separately. Item l0 Subdivision of Land Lots 12,13,14 and Part of 15, Block 4, A.L.Crockers 1st Division Zoned 6,000 square feet per site l'he Planning Commission recommended the lots be divided into two parcels: Parcel A - Lot 12 and North 30 feet of Lot 13 = 8,400 square feet Parcel B - Lot 14, the South 10 feet of Lot 13 and the North ½ of Lot 15 = 8,400 square feet COUNCIL MEMORANDUM NO. 77-279 - Planning Commission Recommendations September 9, 1977 - Page 2 Item ll Side Yard Variance Lot 23, Block 5, Shadywood Point Zoned A-1 10,000 Square Feet The Planning Commission recommended that a 6.2 foot variance be granted on the N.W. side and allow the present non-conforming dwelling to be expanded providing that all other side yard and setbacks be maintained. Item 12 Possible Appeal - Street Front and Rear Yard Variance Lot 56, Auditor's Subdivision 168 Zoned A-1 10,000 square feet The Planning Commission recommended denial of the variances because a house can be designed to fit the lot. Item 13 Stack Height Variance Tonka Toys The Planning Commission recommended that the stack on an energy saving burner be allowed to extend to 45 feet. Item 14 Sign Variance Nbrthwestern Preparatory School, 2900 Highland Boulevard Zoned A-1 10,000 Square Feet The Planning Commission recommended an oversized sign providing it does not interfere with traffic egress visibility. /,ST o~:~ouricaeun ~eA iq, OA ON LAKE: MINNETONKA INDIAN BURIAL MOUNDS 5341 MAYWOOD ROAD TELEPHONE MOUND, MINNESOTA 55364 (612) 472-1155 September 2, 1977 TO: FRO}~i: SUBJECT: Leonard Kopp - City b~nager Charles Johnson - Chief of Police Lots 9, P/10, Block 3, Pembroke - fence variance After checking the fence at the above location for possible adverse effect on traffic safety, I concluded that the fence does not interfere with the traffic flow on Lamberton, Stirling, or Tuxedo. Respectfully, Charles ,Jo~nson Chief of Police CJ:lao INTEREST IN PROPERTY ADDRESS PLAT PAR CEL / ]-/0 ~ ..LOT q 4~ ~'oru,~BLOGK ~. FEE OWNER (if other than applicant) Address Telephone Number VARIANCEREQUESTED: FRONT ':il FT.I ACCESSORY YARD [ BUILDING SIDE . YARD FT. FOOTAGE NOTE: FT~i FTJ N. C. U.* or 1. Attach a survey AND scale drawing showing location of proposed improvement in relation to.lot lines, other buildings on property and abutting streets. Z. Give ownership and dimensions of adjoining property. Show approximate locations of all buildings, driveways, and streets pertinent to the application - by extending survey or drawing. 3. Attach letters from adjoining affected property owners showing attitude toward request. OTHER (describe) .... / ' _ .... A" building permit must be applied for within one year from the date of the ¥,,.; :.~-:' ,,~--'"co~uncil-res 0Iution. or variance granted becomes null and void. :':: ..................... /r~5~ _~_~-~ ~_r~2~-~---~J DATE ~5 7 PLANNING COMMISSION RE COMIV[ ENDATION DATE COUNCIL ACTION: RESOLUTION NO., DATE :::non- c onforming us e ' · ~ ~ I ' ~' ~ '~ . . ~ ~ ~ ~ ~ , ~ , -.-/ ... ::~ · . ... ~ ,~.: ..... ..~ ~ ~/~ . ~ ~-. .~ ~ - .~.'.~ ...... · Ix ~ ~ ~ ~ TI,~ t~ 1 ~q- .....~.. ~ ~ ~:;. . I c~ ~ .~... "' ' !'~ i'~ :-. ..... ! ~ ' '-J ~'4 "~ C~ fie, re of Survey: I h~reby c.-rti~y that %hi.- i, - true and corr-c% re~.res~ntatton ~et of ~t 7 lying ]~l, of.th-. ~uth 60 f-et .of said lot~, ~ock %he wea~ ~ f-"~ of ~t 7, ~oek 3, 'p~k-. It do~s not ~al-: 1" ' AO' ~nd Surveyor .'nd Pl~nor o ~ ~n -,-non- contormlng use Phone: Wa~,x,,ta 435 OF PROPERTY OF_ d~.scrib~d as follows: Scale: I inch ~0 feet. CERTIFICATE OF LOCATION OF BUILDING I hereby certify that on__ ,. 19 _ I made a survey of the location of the building on the above de.,cribed property and that the location o! said building i~ correctly sho~n on the above plat. CEI~TIFICATE OF /SUBVEY I hereby certify that on ~Y.u~- ~-~ ~ 19~ I su~eyed the pro~y de~ribed above and that the above plat ~ a correct repre~tation of sai~ su~ey.t~ ~ ~/ . CITY OF MOUND Mound, Minnesota September 8, 1977 TO: FROM: SUBJECT: The Honorable Mayor and City Council Leonard L. Koop, City Manager Don Levens, Planner,~ Sinclair Court Subdivision Lots ? through 13, Block 16, The Highlands The development of the nrooosed subdivision between the unimproved Sinclair and Muriel Roads will include the replat of five (5) lots with sufficient front yard set backs, increased building sites and a better utilization of l~nd. The preliminary site improvement costs for the five (5) lot sub- division are: Sewer $9,800.00 Water 8,100.00 Street 9,hOO.O0 Total ~27,300.00 An Environmental Impact Statement may be required under Minnesota Environmental 0uality Council Rule 32 by Petition. The rule indicates "Anyperson or group of persons may file with the Council a netition that contains the signatures and addresses of 500 or more individuals and requests the Council to require an Environmental Impact Statement on an act~.on." A Public Hearing for the Sinclair Court Subdivision is oronosed for Tuesday, October h, 1977. September 2nd, 1977 Mr. Leonard L. Kopp City Manager City of Mound ~341 Maywood Road Mound, Minnesota ~364 RE: Plat of Sinclair Court Dear Mr. Kopp: This letter is to furnish you and the city council with general information regarding the plat of Sinclair Court. The land in question~was originall~platted as Lots 7 - 13, Block 16, the highlands between the dedicated roads named Sinclair Road and Muriel Road. Both of these roads although dedicated have never totally been constructed. The applicant proposes to re-plat this area into five larger lots on which custom homes are contemplated to be built taking into consideration each building site and the desires of the new home ow-ne rs. The preliminary plat was approved by your planning commission on August 2~, 1977. The applicant would now appreciate city council approval of this plat so he may proceed with road and utility work, and proposes that such work is to be completed as soon as possible so that when the final plat is to be recorded all work will be complete to specifications of your city. The applicant wishes to proceed in a manner to permit home construction as early in 1978 as possible. The existing platted lots presently meet building Codes, however the new platting will enhance the existing lots in what we consider to be a better utilization of the land. The city has been furnished with c~pies of the preliminary plat, drainage plan, topography plat and preliminary utility plan as prepared by McCombs-Knutson Associates, Inc., land surveyors and consulting engineers. All work meets the requirements as stated in Chapter 22, platting and subdivision regulations. We also wish to thank the city of Mound for their assistance in this matter. Very tHY ygu~s,,/ ~- She~l~oh'O. Rhodes Consultant to Mr. Lou Derner, Applicant 0 TO THE CITY COUNCIL OF MOUND: I regret that I can not be present at this meeting to discuss a problem that I fell needs to be brought to the attention of this council. I work nights and presently am unable to take the time off. It has come to my attention that Mr. Barney Duhachek, 1957 Lakeside Lane, Mound, Minnesota, desires a garage to be built on residential district 587, parcel 61980, lot 8, block 7, Shadywood(see attached). This property borders the east side of my property. It is my belief that a structure of any kind will detract from the value of my property. In a conversation I had with Mr. Duhachek on Sunday, August 21,1977, he stated that whether or not I sign the variance he would store items on the property. He did not elaborate on the items to be stored but I feel if this property is to be used in this manner it would eventually become an "eye sore" to the entrie neighborhood and would be a target for vandels. This would also decrease the value of my property. Again I express my regrets that I can not personally attend this meeting, but I am confident that if a ruling must~ be made concerning this subject my opinions will be taken into considera~tion. Sincerely, Gerald T. Baron 1956 Lakeside Lane Mound, Minnesota 55364 M APPLICATION FO~ARIANCE CITY OF MOUND NAME OF APP LI CAN T James H. Hoiby Northweste?n P~epa~ato~/ School FEE $ A; ~ PROPERTY ADDRESS 2900 Highland Bouleva~'d PLAT 61810 ,, PARCEL 0300 Addre s s 2900 High lanA eva, rd .... LOT Telephone Number ~77.180~ ADDITION BLOCK Minnesota Baptist Assembly. INTEREST IN PROPERTY Owner FEE OWNER (if other than applicant) Address Telephone Nurnber VAPJ3%NCE REQUESTED: FRONT I YARD FT~ YARD . ACCESSORY B UI LDING NOTE: I. Attach a survey AND scale drawing showing location of proposed improvement [ FT.] inrelati°nt°l°tlines' °therbuildings on property and abutting streets. 2_. Give ownership and dimensions of I [ adjoiningproperty. Showapproximate FT:, locations of all buildings, driveways, and streets pertinent to the application by extending survey or drawing. 3--. Attach letters from adjoining affected property owners showing attitude toward --- f)/f/~ / request, ,:...a 'AUG22 1977' ·" LOT SIZE REAR [ LOT SQ. YARD FT.[ FOOTAGE N. C. U.* or OTHER (describe)~- , REASON FOR REQUEST.'~/ By, ..................................................... A building permit must be applied for within one year from the dat~e of the council resolution o~'~arlance~ g ~.~anted beoomes~ull and void. /'~ ) Signa~re '/ PLANING COM~SSION RECOMMENDATION DATE COUNCIL ACTION: RESOLUTION NO,~ DATE ;::non- conforming us e ' ~ O013L-~LI~ (7-,L9) ~]NOH~=IIB/ '~'J.O$~3NNII~ 'I:3Nr~OIAI Q~I~'A~3"lr~O8 "IOOH~ AH O.L¥~'v'd 5Hd II I Q N V'-I H ~31H 006[ NH3.L$3/V~HJ_HON CITY OF MOUND Mound, Minnesota September 9, 1977 COUNCIL MEMORANDUM NO. 77-280 TO; FROM: SUBJECT: The Honorable Mayor and City Council The City Manager County Road 125 - Plans and Specifications Attached is a copy of a letter from the County, a proposed resolution and an agreement to be signed for the improvement of County Road 125 from Tuxedo Boulevard to West of Essex Lane. In addition, Plans and Specifications have been received--all for Council approval. The County expects to do the work in the Spring. Estimated cost of the project is $172,508.60 of which, it is estimated that Mound will have to pay $25,340.92 made up as follows: (See last page of Con- tract) Adjust Water Curb Box Concrete Curb & Gutter 7 Foot Concrete Drive Bituminous Walkway Part of Storm Sewer Right of Way Acquisition $ 450.00 - 100% Mound 5717.25 - 50% " 1225.00 - 50% " 1401.52 - 75% " 10657.00 - 50% ~ 2000.00 - 100% " Sub-Total $21,450.77 20% for Engineer 3,890.15 Total $25,340.92 The above can be paid out of MSA funds. Also the walkway could be paid from Revenue Sharing funds if the Council desires. The following Council action is required: 1. Passage of the attached Resolution approving Plans and Specifications. 2. Authorize the Mayor and Manager to sign the attached Contract. Public Works Phone 93! ',381 320 Washington Av. Sou HeNNePiN COUNTY September 2, 1977 Hopkins, Minnesota 55343 Mr. Eugene A. Hickok, Engineer l~innehaha Creek Watershed District Dear Mr. Hickok: specia ' ' a permit application for the Enclosed are plans, above project. Copies of Council resolutjons from the City of Mound, regarding the project, are also enclosed for informational purposes. The project is scheduled for an early fall of 1977 letting. Should you have any questions, or require additional data, please contact US. Ver~7~ruly you~, l~' //~ -") Administrative Engineer - Design DSS:JEA:ar cc: Leonard Kopp, Manager City of Mound Minor/ties, Women and Other Protected Classes are Encouraged to appty lo[ Employment at Hennepin County MINNEHAHA CREEK ~RSHED DISTRICT BOARD P. O. BOX 3B7 %qAYZATA~ MINNESOTA 55391 PEP~IT APPLICATION - PROPERTY IMPROVEMENT ~NAGERS DNR PA NO. APPROVAL YES DATE NO DATE RECEIVED DATE INSPECTED APPLICANT NAME Hennepin County Dept. 'of Public Works ADDRESS 320 Washinqton Avenue South Hopk~ns~ Minnes0ta 55343 px!Kre]iminary ap_prova] from City of . TEL. 935-338] DATE 1/11/77 PROPOSES THE FOLLOWING: PROPERTY DESCRIPTION CSA..H #125 (between ~-s_~x Lane & Anglese¥ Lane.] SW 1/4 Section, l, 9 Tll7N, R23W BODY OF WATER Adjacent to Lake Minnetonka DESCRIBE WORK & OBJECTIVES * For dredging permits describe proposed method of excavation and erosion/siltation control and proposed location of spoil disposal. * For ground water withdrawal' give number, location and depth of proposed wells and estimated gallons annual use. Safety improvement, which will consist of alignment change, grading, storm sewer and bitumi, nous surfacing, Ero,~i,o~ and siltation control covered in special,.provisions. SIGNED EARTHWORK DIMENSIONS (FEET) 1,250',.X variable width EARTHWORK VOLUME (CUBIC YARDS) ]9,]67 ATTACH DRAWINGS SHOWING PRESENT CONDITIONS & PROPOSED CHANGES Ail maps must show: * scale * government land lines and property boundaries * topography (two-foot contour intervals) using sea level * a plan of proposed improvements datum * locations of soundings and soil borings Cross sections must show: * water and land_profile showing highest known water level * ~struc~on~'et~i~ Administrative Public Works Phone 320 Washington Av. S I' Hopkins, Minnesota 55343 HeNNePIN COUNTY September 7, 1977 Mr. Leonard L. Kopp, Manager City of Mound 5341Maywood Road Mound, Minnesota 55364 Dear Mr. Kopp: Re: County State Aid Highway No. 125 County Project 7630 Submitted herewith are one set of plans, two copies of the proposal, three copies of the construction cooperative agreement and a sample copy of a resolution approving plans and specifications for the above referenced project for which arrangements are being made to call for bids. If the special provisions in the proposal are satisfactory, please have your engineer approve the proposal provided for that purpose and return it to this office. The other proposal is for your files. It is desirable that we have an approved copy of said proposal in our files before we release the authorization for publication of the advertisement for bids. If the agreement is satisfactory, please have all three copies, signed by the appropriate city officials and return to this office. Upon completion of the remaining signatures by county officials, we will send you one fully executed copy of the agreement for your files. Also, please return a certified copy of the resolution authorizing the mayor and manager to sign the agreement. A resolution approving plans, specifications, and special provisions must be passed by the City Council prior to our advertisement for bids. We will be happy to review the plans, or any of the documents, with you at your convenience if you have_any questions concerning them. V%~truly you ,~,,~:! ,':~' ~ Don S. Spielmann, PyE. Administrative Engineer- Design DSS:WGM:ar Enc. Minorities, Women and Other Protected Classes are Encouraged to apply for Employment at Hennepin County At a duly authorized meeting of the City Council of .Mound Minnesota, the following resolution was moved and adopted: RESOLUTIO~I WHEREAS, Plans for Hennep~n County Project No. 7630 showing proposed alignment, profiles, grades, and cross sections, together with specifications and special provisions for the (c-x~~M), (reconstruction), (~m~m~m~), of County State Aid Highway No. 125 within the limits of the City as a (~a~ex~t) (~%~Z~) (County) Aid Project have been prepared and presented to the City. NOW THEREFORE IT IS RESOLVED: That said plans, specifications, and special provisions be in all things approved. Dated this day of , 19 CERTIFICATION State of Minnesota County of Hennepin City of Mound I hereby certify that the foregoing Resolution is a true and correct copy of a resolution presented to and adopted by the City Council of Mound Mound 19 at a meeting thereof held in the City of , Minnesota on the day of , as disclosed by the records of said City in my possession. (Seal) City Clerk A.~reemen'~ No. PW 30-06-77 County Project No. 7630 County State Aid Highway No. 125 City of Hound County of Henn~pin CONSTRUCTION COOPERATIVE AGREEMENT AGREEMENT Made and entered into this day of , 19 , by aF~d between ttie County of Hennepin, a body politic and corporate under the laws of the State of Minnesota, hereinafter re'Ferred to as the "County" and the City of Mound,. a body politic and corporate under 'the laws of the State of Minnesota, hereinafter referred to as the "City". WITNESSETH: WHEREAS, The County and the City for some time have been negotiating to bring about the improvement of that portion of County State Aid Highway No. 1.25 from Essex Lane to Anglesey Lane (Engineer's S'[ation 8+00 to Station 20+43) as shown on the County Engineer's plan for County Project No. 7630, which improve- ment contemplates and includes grading, storm sewer, bituminous surfacing, and other related improvements, and NHEREAS, The above described project lies within the corporate limits of the City, and NHEREAS, The County Engineer has heretofore on June 9, 1977 prepared an engineer's estimate of the quantities and unit prices of materials and labor for the above described project and an estimate of the total cost in the sum of One Hundred Seventy Thousand, Five Hundred Eight Dollars and Eighty Cents ($170,508.80). A copy of said estimate (marked Exhibit "A") is attached hereto and by this reference is made a part hereof, and NHEREAS, It is contemplated that said work be carried out by the parties hereto under the provisions of M.S. Sec. 162.17, Subd. 1. NOW THEREFORE, IT IS HEREBY AGREED: I That the County or its agents will adver-~ise for bids for the work and con- struction of the aforesaid Project No. 7630, receive and open bids pursuant to said advertisement and enter into a contrac-~ with the successful bidder at the unit prices specified in the bid of such bidder, according to l'aw in such case provided for counties, l'he Contract will be in form and will include the plans and specifications prepared by the County or its agents, which said plans and specifications are by ~his reference made a part hereof. The County will administer the Contract and inspect the construction of the contract work centemplated herewith, ttowever, the City Engineer oF lqound shall cooperate with the County Engineer and his staff at their request to the extent necessary, but will have no responsibility for the supervision of the ~.~ork. III The County or its agents shall acquire all rights of way, permits and/or easements required for the construction of said project. The final total cost of all rights of way, permits and/or easements, plus all costs incurred by the County in acquiring said rights of way, permits and/or easements shall be apportioned 100 percent to the City of l.~ound. lhe right of way costs incurred as described herein shall include all acqui- sition costs including, but not limited to, any and all damages occurring to any person or persons, including private utilities in relocating or removing or adjusting main conduits or other structures located in or upon the land taken and within the present right of way; or damage in procuring such right of way, whether such damage is caused by the County or the City in the performance of such contract with respect to the improvement of County State Aid Highway No. 125, as shown on the plans for County Project No. 7630. The County will periodically, as parcels are acquired, prepare and submit to the City itemized accounts showing right of way and acquisition costs incurred by the County. Said costs shall become due and payable within thirty (30) days after submittal. The estimated right of way expenses described herein are indicated in said Exhibit "A" attached hereto. IV The City shall reimburse the County for its share in the construction costs of said project and the total final construction costs shall be apportioned as set forth in the division of cost breakdown in said Exhibit "A" attached hereto. It is further agreed that the Engineer's Estimate referred to on Page I of this agreement is an estimate of the construction costs of said. project and that the unit prices set forth in the contract with the successful bidder and the final quantities as measured by the Engineer shall' govern in computind the total final construction cost for apportioning the cost of said project according to the provisions of this paragraph. -2- V In addition to payment of the City's proportionate share of-the construction and right of way costs, the City also agrees to pay to the County a sum equal to twenty percent (20%) of the amount computed as the City's share of the said con- struction costs, it being understood that said additional payment by the City is its proportionate share of all engineering costs incurred by the County in connection with the ~,~ork performed within the corporate limits of the City. Vi Within sixty (60) days after an award by the County to the successful bidder, 'the City shall deposit with the Finance Division Director of Hennepin County, ninety percent (90%) of the estimated City share in the construction and engineer- ing costs for the project. Said estimated City share shall be based on actual contract unit prices for estimated quantities shown in the plans. The remaining ten percent (10%) is to be paid to the County upon the comple- tion of the project and submittal to the City of the County Engineer's Final Estimate for the project showing the City's final share in the construction and engineering costs for the project. Upon payment of the Final Estimate to the successful bidder by Hennepin County, any amount remaining as a balance in the deposit account will be returned to the City; likewise any amount due the County by the City upon payment of the Final Estimate by the County shall then be paid by the City as its final payment for the construction and engineering cost of this project. VII The County Engineer will prepare monthly progress reports as provided in the specifications. A copy of these reports will be furnished to the City upon request. VIII All records kept by the City and the County with respect to this project. shall be subject to examination by the representative of each. IX The County reserves the right not to issue any permits for a period of five (5) years after completion of the project for any service cuts in the roadway surfacing of the County Highway included in this project for any installation of underground utilities which would be considered as new work; service cuts shall be allowed for the maintenance and repair of any existing underground utilities. -3- X it is agreed that the City will remove and replace all City owned signs that are within the construction limits of this project, all at City expense. XI It is understood and agreed that upon completion of the improvement proposed herein, all new bituminous walk included in said in~.provement shall become the pro- perty of the City and all maintenance, restorai~ion, repair or replacement required thereafter shall be performed by the City at its own expense. It is further understood that neither the County, its officers, agents or employees either in their individual or official capacity, shall be responsible or liable in any manner to the City for any claim, demand, action or cause of action of any kind or character arising out of or by reason of negligent performance of the hereinbefore described work by the City, or arising out of the negligence of any contractor under any contract let by the City for the performance of any maintenance, restoration, repair or replacement work; and the City agrees to defend, save and keep said County, its officers, agents and employees harmless from all claims, demands, actions or causes of action arising out of negligent performance by the City, its officers, agents or employees. The maintenance responsibility hereinbefore provided shall not preclude the restoration, repair or replacement of the said bituminous walks under a subsequent agreement executed between the County and the City with costs shared as provided in said agreement. XII Detouring of traffic will be necessary during the construction. The detour routes shall be mutually agreed upon by the County and the City. All guide signs, regulatory signs and pavement markings shall be furnished, installed, and maintained by the County at no expense to the City. The County will, at its expense, maintain said detour routes while they are in use. The County does not agree to become responsible for any damage caused by increased traffic on City streets not marked as an official detour or alternate route. -4- XIII It is agreed that the County, at its expense, shall place all the necessary no parking signs and the City, at its expense, shall provide the enforcement for the prohibition of on-street parking within its corporate limits on that portion of County State Aid Highway Ilo. 125 constructed under this project. Any modification of the above parking restriction shall not be made without first obtaining a resolution from the County Board of Comm'issioners permitting said modification. XIV It is further agreed that each party to this agreement shall not be res- ponsible or liable to the other or to any person or persons whomsoever for any claims, damages, action, or cause of action of any kind or character arising out of or by reason of the performance of any work or part hereof by the other as provided for herein; and each partY further agrees to defend at its sole cost and expense any action or proceeding commenced for the purpose of asserting any-claim of whatsoever character arising in connection with or by virtue of performance of its own work as provided herein. XV It is further agreed that any and all employees of the City and all other persons engaged by the City in the performance of any work or services required or provided for herein to be performed by the City shall not be considered 'employees of the County, and that any and all claims that may or might arise under the Worker's Compensation Act or the ,Unemployment Compensation Act of the State of Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the County. Also, any and all employees of the County and all other persons engaged by the County in the performance of any work or services required or.provided for herein to be performed by the County shall not be considered employees of the City, and that any and all claims that may or might arise under the Worker's Compensation Act or the Unemployment Compensation Act of the State of 'Minnesota on behalf of said employees while so engaged and any and all claims made by any third parties as a consequence of any act or omission on the part of said employees while so engaged on any of the work or services provided to be rendered herein shall in no way be the obligation or responsibility of the City. -5- XVI The provisions of M.S. 181.59 and of any applicable local ordinance relating to civil rights and discrimination and the affirmative action policy statement of Hennepin County shall be considered a part of t-his agreement as though fully set forth herein. XVII The County has applied for a Community Development Block Grant from the United States Department of tlousing and Urban Development for the funding of its cost share for the construction of this project. This agreement shall not be binding on the parties hereto unless said grant is made available to the County. -6- Iii I'ESTII.IONY ~,:HEREOF, The parties hereto hive caused this agreement to be executed by their respective duly authorized officers as of the day and year first above written. CITY OF MOUND By Mayor Date: (Seal) And: Manager Da'te: COUNTY OF HENNEPIN ^TTEST:=.. By Chairman of its County Board Date: Deputy CoUnty Auditor RECOMMENDED FOR APPROVAL Date: Upon proper execution, this agreement will be legally valid and binding and upon date of approval is in compliance with ali laws relating to the subject matter hereto. i stant CountY Attorney' . Date: By Deputy County Administrator Date By Director of' Public Works and County Engineer Date: Approved as to execution By Assistant County Attorney By Chief Engineer Date Date I ! I -i LJJ 00 UU O0 ~0 UH LO I---0 I.LI ~0000000~0000 ~0 O0 ~ 0 ~ ~ 00 C~ 0 ~0 O0 O40~ 00000 0000 ~ ~000~ ~0~ ~~00~ 0 0 0000 0000 00~00000 ~0000~ 000~ 0~ III1¢ III 0 0 0 0 LC) 0 0 Od II 0 0 0 0 0 0 0 II I"'- 0 I--- 0 U 0 U ~J 0 0 U U 0 U 0 0 CITY OF MOUND Mound, Minnesota September 9, 1977 COUNCIL MEMORANDUM NO. 77-281 TO: The Honorable Mayor and City Council FROM: The City Manager SUBJECT: Anti-Trust Refund In 1974 as a result of a Court settlement, the liquor distributors agreed to make refunds based on the Court order. These refunds were to be made 1/5 each year for 5 years. Famous Brands, Inc. has closed out its Minnesota operation and is offering 80% of the remaining funds which amounts to $529.92 for the Mound Liquor Store. Attached is a copy of Famous Brands letter and their check. Under the circumstances of their leaving the State, it is felt that we should accept the check. A resolution from the Council is requested. '~*;HOL E SAL £ R $ & DISTRIBUTORS OF SELEC'[ 96:50 NEWTON AVE. SOUTH · BLOOMINGTON, MINN 5543! PHONE 612-884-71 MLS NO1 MOUND LIOUOR STORE MOUND MINN 55364 RE- LIQUOR ANTITRUST SETTLEMENT PAYMENT DEAR CUSTOMER AS INDICATED IN OOR PREVIOUS LETTER TO YOU, FAMOUS BRANDS HAS TERMINATED BUSINESS IN MINNESOTA EFFECTIVE AUGUST 22, 1977. FOR THAT REASON, BEFORE LEAVING THE STATE, F6MOUS BRANDS WISHES TO PAY OFF ITS OBLIGATIONS TO YOLI UNDER THE PLAN OF DISTRIBUTION IN THE SO-CALLED LIOUOR ANTITRUST CASES, THAT PLAN OF DISTRIBHTION CALLS FOR FIVE ECL)UAL CASFI PAYMENTS OVER A PERIOD OF FIVE YEARS. THREE OF THOSE PAYMENTS REMAIN T() BE MADE. T(3 PAY OFF THIS ENTIRE OBLIGATION NOW RATHER I'HAN MAKING PAYMENTS TO YOLJ OVER THE NEXT THREE YEARS, FAMOUS F',RANDS IS OFFERING YOtJ THE OPTION OF ACCEPTING A TOTAL CASH PAYMENT IN THE AMOUNT OF $529.92. THIS AMOLJNT IS EOLJAL TO gO PERCENT OF THE TOTAL REMAINING PAYMENTS WHICH ARE TO BE MADE TO YOU IN THE FUTURE UNDER THE PLAN OF DISTRIBUTION. IF YOI.J DESIRE TO ACCEPT THF OPTION OF RECEIVING THIS CASH PAYMENT NOW IN FULL SETTLEMENT OF ALL A~OUNTS PAYABLE I,INDER THE PLAN OF DISTRIBUTION, SIMPLY CASH THE ENCLOSE[) CHECK. (YOU WILl_ NOTE A RECEIPT AN[) GENERAL RELEASE IS ON THE REVERSE SIDE OF THE CHECK.) IF,, ON THE OTHER HAND, YOU DESIRE T[') WAtT UNTIL THE FUTURE l'FI RECEIVE THE PAYMENTS CALLED FOR BY THE PLAN QF DISTRIBUTION, RETt!RN THE ENCLOSED CHECK WITHOUT CASHING IT TO FA~,~OI,JS P, RA-NDS, P.O. BF)X 20113, g LOOM I I',tG 1' LIN ~, MINNESOTA. VERY TRLJI_Y YOURS, FAMOI.~S BRANDS INC., BERNARD SAMUELS PR E S T DENT 09/01/77 RE - DISTRIRUT~ON OF SETTL. EN~NT PROCEEDS IN FULL SETTLEMENT OF ALL AMOUNTS PAYARLE UNDER PLAN OF OISTRIRUTION APPROVED ~Y CONSENT ORDER AND JUDGMENT DATED DECEMRER 23, 1974 IN THE SO CALLED ANTI-TRUST CASES. DETACH AND RETAIN THIS STATEMENT ....................................... .,.o~ ...... 110841 582 80665 ~50 N~?ON A¥~N~ SO,TN BLOOMINGTON~ MINNESOTA 55431 I q/01/77 003256 -~52q 17-3 PAY TO THE ORDER OF' MIDLAND NATIONAL BANK of Atlnneapoiis 110841 04 MLS NO1 MOUND LIOUOR STORE MOUND MINN ,' 0 0 3 25 &,' ~:Oq iO,,,O00 DATE. AHOUNT VOID ,~ 9/01/77 ~524.q2 NOT CASHED WITHIN 90 DAYS ~0,', 38,,, 38 ?,' CITY OF MOU~D Mound, Minnesota September 9~ 1977 COUNCIL MEMORANDUM NO. 77-282 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Hickory Lane-Rosedale Road No Parking Presently the two subject streets are designated no parking. This was done at the request of some of the residents. Last week, Mr. Kotula requested the Council to investigate the problem. Attached is a report from the Public Works Director outlining the history of the no parking in the area and recommending that an ordinance be passed making Pecan Lane "No Parking" (both sides) from Edgewater to the railroad right-of-way. ON LAKE MINNETONKA 5341 MAYWOOD ROAD MOUND, MINNESOTA 5~364 INDIAN BiJRIAI. MOUNDB ADDREAIII REPLY TO September 8, 1977 TO: FROM: SUBJECT: Mr. Kopp Public Works Office No Parking,Review, Hickory Lane, Rosedale Road Hickory Lane, Rosedale Road and Pecan Lane were all made one way streets, the reasons for doing this were, narrow 9ravel roads, steep incline on west end, and a Tot Lot type park at about the center point of Rosedale Road on the north side. Hickory Lane has. a fifteen foot right of way, no possible way to have safe parking on either or both sides without encroching on private property. Ord. 364, 7/13/77 Rosedale Road has a twenty foot right of way, this road if improved should be an absolute minimum for parkin9 on one side only. Ord. 3?4, lP/5/74 Pecan Lane is also a twenty foot right of way road. P~rking on any part of this street is all but impossible due to the steep incline, and sharp curve and short distance of traveled roadway from Rosedale Road to Edgewater Drive. This street is not posted or covered by any ordinance. Pecan Lane should be posted for No Parking both sides to keep the area~iform and eliminate a possible future problem. Ordinance should read, No Parking/both sides from Edgewater Drive, south to Railroad right of way. At the time that these roads were made one way streets, Rosedale Road was ordered to be posted No l~arklng both sides, after the Council received re~rts from the Police Department and the ~blic Works Department, indicating that this was a workable solution and would add to the safety of the roadway and not cause an inconvenience ~o the local residence. Hickory Lane received the same treatment after the city received a letter from the people who live on or their property abutted this street. The above report ~s the result of one property owner on Hickory Len¢ that is not s~t{sficd with the Mo P~rk~n9 ordinence, eleven other property owners in this arcs are ~pp~rently smtis£ied.with the arrangement because we have not received any complaints. R~sp~ctfully, Public Works Director m /jcn CITY OF MOUND Mound, Minnesota September 9, 1977 COUNCIL MEMORANDUM NO. 77-283 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager No Parking Ordinance - Bellaire Lane Attached is a copy of a proposed ordinance removing parking from Bellaire Lane's South side and 200 feet on the North side. cc: R. Miner Police ORDINANCE AN ORDINANCE ADDING SUBSECTION 50 TO SECTION 46.29 (b) OF THE CITY CODE, RESTRICTING PARKING ON ALDER ROAD The City of Mound does ordain: Section 46.29(b) of the City Code is amended to add Sub- section 50 which shall read as follows: 50. No parking on the south side of Alder Road from Bellaire Lane easterly to Commerce Boulevard and no parking on the north side of Alder Road from Bellaire Lane easterly 200 feet. Attest: Mayor City Clerk Adopted by City Council Published in Official Newspaper CITY OF MOUND Mound, Minnesota September 9, 1977 COUNCIL MEMORANDUM NO. 77-284 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Deferred Assessments Attached hereto is a proposed resolution which will allow persons over 65 years of age to defer special assessments on their property. cc: Clerk-Treasurer RESOLUTION A RESOLUTION PROVIDING STANDARDS AND GUIDELINES FOR DEFERRAL OF SPECIAL ASSESSMENTS BECAUSE OF HARDSHIP FOR SENIOR CITIZENS WHEREAS, the state legislature has enacted M.S.A. 435.193 to 435.195, which authorizes a city to defer the collection of special assessments for homestead property owned by a person 65 years of age or older for whom it would be a hardship to make payments, and WHEREAS, the dity Council has determined that this law should be implemented by the City of Mound for all special assessments to be hereinafter levied by Mound, and that the City Attorney is authorized and directed to ask for an opinion of the Attorney General as to the legality of making this policy applicable for special assess- ments which have been previously levied; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound: 1. Persons 65 years of age or older who reside on and own homestead property may apply to defer special assessments levied by the City of Mound. 2. Application for deferred assessments shall be on forms prescribed by the County Auditor and such other information as is determined necessary by the City Manager and City Clerk-Treasurer to make their certifications as set forth in paragraph 3. 3. The City Council will approve deferred assessments for property owners who reside in a household which has a gross income of less than $10,001. The City Manager and City Clerk-Treasurer are hereby authorized and directed to review income data and to certify to this council that the property owner qualifies as a hardship case under the aforementioned criteria. Income tax returns and other private data may be reviewed by said city officers to determine that the property qualifies for a deferred assessment but said income information shall not be kept on file as a public record and said officials are directed to protect the privacy of applicant's personal financial affairs. 4. After City Council approval of the application for a deferral, the City Clerk-Treasurer shall file a notice with the County Auditor thereof setting forth the amount of special assessments being deferred. The County Auditor shall file a copy of said notice with the County Recorder pursuant to M.S.A. 435.194. All special assess- ments deferred under the provisions of M.S.A. 435.193 to 435.195 shall bear interest at the rate of 6% per annum on the unpaid balance. The notice to the County Auditor shall specify the interest rate and all such interest and principal shall be collected when the deferred assessment is payable under the provisions set forth hereafter in paragraph 5. 5. The option to defer the payment of special assessments shall terminate and all amounts accumulated plus interest shall become due upon the occurrence of any of the following events: a. The death of the owner, provided that the spouse is otherwise not eligible for the deferment. The surviving spouse shall file a new application with the City Manager and City Clerk-Treasurer. If the property is still eligible for deferment, they shall so note in the city records and the matter need not be referred to this council. b. The sale, transfer or subdivision of the property or any part thereof. c. The property for any reason loses its homestead status. d. The City COuncil shall determine that there is no hardship and shall require immediate or partial payment. Attest: Mayor City Clerk TIME RECORD MOUND PROSECUTIONS - August 1977 Date 8-3 8-9 8-12 8-12 8-16 8-16 8-18 8-23 8-25 8-29 Function Interview with police Draft complaint Interview re complaint Arraignment hearings Prepare assault complaint & office conf. Prepare damage to property complaint Arraignment hearings Pretrial hearing Bad check complaints Arraignments Citizen interview Prepare bankruptcy claim re check Total ..... Time :15 :30 :30 :45 1:10 :45 :45 :20 1:15 :45 :25 :30 7:55 CITY OF MOUND Mound, Minnesota September 9, 1977 INFORMATION MEMORANDUM NO. 77-166 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Bond Program Attached is a copy of a letter from Ernie Clark relative to Moody's reply to our letter about future financing. BRANCIt OFFICES: I.alolla, California 921}37 12110 Prospect Street Suite 150 {714] 459-26151 Chicago. Illinois f,0604 209 South La Salle Street. Suite 7011 13~21 34§-944{~ Miller & Schroeder Municipals, Inc. NORTHWESTERN FINANCIAL CENTER, 7900 XERXES AVENUE SOUTH, MINNEAPOLIS, MINNESOTA 55431 TOLL FREE MINNESOTA 800-862-6002 TEL. 612-831-1§00 TOLL FREE OTHER STATES 800-328:.6122 September 7, 1977 Mr. Leonard L. Kopp, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Dear Len: I take it from Moody's letter they would look more favorably on a 5 year to 6 year street and storm sewer program than a 3 year plan. We might get by with the shorter plan but I would hate to chance it. I would suggest going with the $1,450,000 bond issue in early 1978, then play it by ear after that. Sincerely, MILLER & SCHROEDER MUNICIPALS, INC. Ernest L. Clark, Vice President ELC:ps CITY OF MOUND Mound, Minnesota September 9, 1977 INFORMATION MEMORANDUM NO. 77-167 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager McAthie vs. City of Mound Council Memorandum No. 77-268 related the happenings on the subject torrens case. (Pages 154 - 159) The Council tabled this until the Attorney would be present. CITY OF MOUND Mound, Minnesota September 9, 1977 INFORMATION MEMORANDUM NO. 77-168 TO: The Honorable Mayor and City Council FROM: The City Manager SUBJECT: Lot 7 and Part of Lot 8, Block 38, Wychwood Councilman Swenson asked how many square feet were in the subject building site. Attached is a copy of a survey of the subject site; it is our calculation that there is 6,700 square feet plus in the site. F. C. JACKSON LAND SURVEYOR 36~6 EAST 5~STH STREET PA. 4-4681 175-~1 Lot ? ar~ that part of Lot 8, Block 3B,Wyehwood,lYlng North of a. line. described as follows: Beginning at the Southwesterly corner of said Lot 8; thence Easterly 3?.36 feet to a point lO.O feet Northeasterly ar~ ~easured'- at 'right at, les from the Southwesterly line of said Lot B; thence conti~ui~g Easterly to a point in the East line of s~ld Lot 8 distant l§.O feet North of the Southeasterly corner thereof, all in Henneptn County, Minnesota. ,. Scc.24-117-24 ----DAY 0~ Sept. CITY OF MOUND Mound, Minnesota September 9, 1977 INFORMATION MEMORANDUM NO. 77-169 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Levy Limits and State Aid The State has given a definite figure on Levy Limits and State Aid. Although our State Aid is up; our levy limit is less than 1977's. Year Levy Limit State Aid Total 1977 435,062 163,154 $598,216. 1978 429,091 209,982 639,073 Difference (5,971) +46,828 +$40,857. Our tax levy will be almost $6,000 less while new money available will only be $40,857. A 6.8% increase over 1977. ! 0 /o'o P _ . CITY OF MOUND Mound, Minnesots Page 1 Month Monthly Activity Report of Water Dep~r~ment i Work ~Inits Month Month to date to date ~o~ o~ w,~ cu~,~o.~ ........ Wate~ Cons~ed ~.~ - ~Hy~aq~s..Thawe~ ~t. T Mm~. Hours. , "" " "~ ~¢ ~/ ~ ~ //~ c~ ~o~ ~,~ia~ ..... Curb Boxes Lowered  , ,, ., , ,, ~ '~ ............ c~ o~ ~oam Mound~ Minnesota P~ge 2 Month of ~?~ ~? ~ Monthly Activity Report of Water Dt~rtment -~ Wo?k Units Month ' Mont,,h ~ to dste ' to da · . ~.~ ru= o~ :~ _~ts ~d~., Rzad~r~ Installed ~i~later Samples - Man Ho~s L~C~ ~....~.__.,~.... _-- - _ w.~-,_.~;, _-__.:? :.._-...:_ ........ ON LAKE MINN~D'I"ON~JI~ INDIAN BURIAL MOUNID8 5341 MAYWOOD ROAD TELEPHONE MOUND, MINNESOTA 55364 September 6, 1977 (6~2) 472-1155 Mr. Ernest Clark Miller and Schroeder Municipals, Inc. 7900 Xerxes Avenue South Minneapolis, Minnesota 55431 Dear Ernie: Attached is a copy of a letter we received from Moody's about our request on whether we should finance the street program over 3 years or 5 years. I would appreciate your comments and interpretations of their statements. I interpret them to say "go slow". Do you get that same impression? Si ncerely, Leonard L. Kopp City Manager LLK/ms Encl. cc: City Council Attorney R. Mi ner MOODY'S INVESTORS SERVICE, INC. 99 CHURCH STREET, NEW YORK, N.Y. 10007 (212) 267-8800 September 1, 1977 Mr. Leonard Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Dear Mr. Kopp: We have received you letter requesting our comments on the scheduling of street improvement and storm sewer project financing. Moody's Investors Service does not provide financial counseling and we are not in a position to advise you as to how you might schedule your capital financing requirements. In evaluating a credit, the Rating Committee looks closely at the direct debt of a community as well as the burden of debt imposed by overlapping taxing authorities. At the time of the city's last bond sale in September, 1976, the city's direct debt burden was moderate, but taking into account the overlapping taxing units, the city's overall debt burden was relatively high. Continuation of frequent issuance of debt by the city or overlapping taxing units without accompanying growth in taxable resources could endanger the city's credit rating. Another consideration in debt analysis is payout of bonds. The city of Mound's present debt structure provides for rapid amortization. Generally, 25% of an issuer's debt should be amortized within five years and 50%, within ten years. Of course, some financing requires longer schedules over the life of a revenue-producing facility or improvement. The city of Mound has grown rapidly and will continue to do so, requiring more utility and street services. We hope that your will continue to keep us informed on the city's progress. Sincerely yours, Municipal Research FGL/cm ON LAKE; MINNETONKA 534]. MAYWOOD ROAD MOUND, MINNESOTA 55364 September 8, 1977 INDIAN BURIAL MOUND~ TELEPHONE (612) 472-3.155 Mr. Curtis A. Pearson 1100 First National Bank Building Minneapolis, Minnesota 55402 Subject: Cambridge Lane Closed Dear Curt: Attached is a copy of a map showing a portion of Cambridge Lane closed by the Council. The people building a house on Lots 7 and 8, Block 38, Wych- wood, are using Cambridge Lane for access to their garage. As a result, they have built a retaining wall that extends into part of the street (see Council Memorandum 77-270). The Council discussed this on Tuesday night and some of the questions asked of the Attorney are: 1. If the wall is allowed to stand, does the City give up rights to the property (the street easement)? 2. There is either water or sewer in the street--maybe both. If a main breaks or other maintenance is required, is the City responsi- ble for replacing the wall? 3. If the wall is left, should the City get some sort of statement from the builder that the ownership of the wall is the City's? 4. What type of action could the City take to make the present owner and possibly his successors aware of the City's rights and his responsibility in keeping the wall maintained? Si ncerely, Leonard L. Kopp City Manager LLK/ms Encl. cc: City Council ETON 16, O'CONNOR & HAN NAN ATTORNEYS AT LAW THIRTY-EIGHTH FLOOR, I DS TOWER 80 SOUTH EIGHTH STREET MINNEAPOLIS, I'41NNESOTA 5540~' {61:>) 341-3800 TELEX TELECOPIER 61;:' 341-3800 {5.,.56) ~91) Z~'B -1~'05 (303) 573-7737 August 31, 1977 City of Mound Mound, Minnesota 55364 Mound Planning Commission Mound City Hall Mound, Minnesota 55364 Re: Jacobson -- City of Mound Our File No. 11,301-001 Gentlemen: Earlier this year Mrs. Jessie M. Jacobson (now known as Jessie J. Ostenson) applied for several variances on plat 62030, parcel 1020 which the City of Mound denied. See Resolution No. 77-106. This letter is to inform you that Mrs. Ostenson has entered into a contract for deed with James E. Bedell and Sally A. Bedell, husband and wife, to convey to the Bedells the.subject property. The Bedells own the property immediately adjacent to the subject property. Mrs. Ostenson's lot does not have the requisite 10,000 square feet for a buildable site in a residential A neighborhood. Section 22.02 of the Mound Ordinances voids deeds or other instruments of. conveyance of any lot which describes a lot of land less than the size, length or width as required by the zoning ordinances. Section 22.03 of the Mound Ordinances excepts a parcel of land less than the size, width and length if such parcel is added to, combined with and becomes a park bf an adjacent lot or area used for residential purposes so as to 'inbrease the size of such adjacent tract or parcel of land .... Because of this exception, Mrs. Ostenson does not intend to apply for any variance under Mound Ordinance Section 22.04 to convey her substandard lot. City of Mound Mound Planning Commission Page Two August 31, 1977 If this analysis of the applicable Mound ordinances does not conform to that held by the City, by the City Council, the Mound Planning Commission, or any other City agency or body, please contact the undersigned. Very truly yours, Jeremiah J. Kearney JJK/lnh cc: Mrs. Jessie J. Ostenson James E. Bedell Curtis A. Pearson, Esq. 300 Metro Square Build~ng, 7th Street and Robert Street, Saint Paul, Minnesota 55101 Area 612, 291-6359 James Solem, D,rector Office of Local and Urban Affairs State Planning Agency Capitol Square Building St. Paul, Minnesota 55101 September 1, 1977 Ranking of 1977 Athletic Court Games Grant Applications Metropolitan Council Referral Files No. 4628, 4646, 4652, 4655 - 58, 4663-6a, 4667, 4670- 73, 4676, 4679, 4680 A & B, 4685-88, 4693-97, 4698 A&B, 4699-4710, 4718 A-D, 4719, 4720-22, 4732-33, 4742-44. Dear Mr. Solem: At its meeting August 25, 1977, the Metropolitan Council considered the above applications. This consideration was based on a report of the Physical Development Committee, Referral Report No. 77-77. A copy of this report is attached. The Council adopted this repOrt as presented. The final recommended ranking is a combination of the Metropohtan Council and State Planning Agency ranking. The recommendations which were adopted by the Council are as follows: 1. That the applications shown on Table C be accepted, see page 14 of the attached report. That the applications for projects at Lake Nokomis and Baylor Regional Parks and from Hopkins for platform tennis not be accepted because of questionable eligib[!fty. That a limit of one grant., two in the' case of one project resulting in a grant under $4,000, be applied to communities and projects outside of the Fully Developed Area. An ~ency Created to Coordinate the Planning and Development of the Twin Cities Metropolitan Arem Comprising: A_nok~ County O C~rver County O Dakota County O Hez~nepin County O lZmmsey County O Scott County O W~hington Cou=ty James Solem September 1, Page Two 1977 That Table E be approved for funding as the priority ranking of the athletic court games grant applications for 1977 construction season, see page 16 of the attached report.. . ........ / ~ c~c'copy-of-th~s, letter and portions of the Physical Development Committee Report (Page 1 of staff report to the Parks and Open Space Commission, Tables "A" thru "E'~ and Attachment "A" - "Project Evaluation Criteria") are being sent to all applicants. Sincerely, JB:jg Attachment cc: Each applicant METROPOLITAN COUNCIL John Boland Chairman Phyllis Hanson, MetropOlitan Council Staff METROPOLITAN CouNCIL ~UIT~ ]OD [~TRO S~UAR~ BUItONi, SAINT PAuE, I'~INNSSQTA 5510!~ MSMORANDUM TO: FROM: SUBJECT: August 10, 1977' Metropo%itan Parks and Open Space Co~ission Phyllis Hanson, Staff Prioritization of 1977 Athletic Court Games Grant Applications I. Background The 1977 Session of the Legislature passed the 0mnibus Outdoor Recreation Act which included a grant program to develop athletic court games. The progr~ included the following conditions: 1. $650,000 for 1977 and 1978 to local units of governmen~ within the Metropolitan Area. Of this, $300,000 is de- signated for 1977 applihations with the remainder for for 1978 construction. 2. Grants are not to exceed 50% of the development costs. 3. The applications are to be revieWed in accurdance with the'priorities establishe~ by the Metropolitan Council and State Planning Agency. State Planning Agency is to administer this. grant program and award the grants. The project reviews are to include the following factors: a) financial resources available to t/%e Community, b) cooperation beCween units of government, c) need, d) court locations that encourage max{~ann use, patronage, and availa- bility. The 'Council approved the criteria for project review as shown in attachment A.. 5. The projects ~hat are eligible are l~ited =o tennis, basketball, volleyball, and handball. 6. Applications were due by 5:00 p.m. July 29, 1977 'for the 1977 constTuction season. -2- '5. 1. City of Andover - Kef, #4673 The City of Andover is requesting funds for the construction of two lighted ~ennis courts at a location near the city hall. Total cos= of the project is $22,892. The Anoka-Hennepin School District ~ll has endorsed the project and in=ends to develop a comprehensive inst-ructional (~ennis) program based ac the proposed fa=il- iCy. The project ranked average in cooperatio~, need an~ financial resources. 2. Independent School District ~196 (Rosemount-Apple Valley) Ref. #4706 ' Independent School DisTrict ~196 (Rosemount) is requestin~ funds for ~he cons=ruc- tion of a re=rea=ion facilit7, a basketball court and ~wo tennis courts, at the Apple Valley Senior High School. Total cost of the facility is $25,700. The City of Apple Valley will share equally the local share .lundinE cost with Independent School District ~196. The project is hi~hl7' ranked in cooperation between units of ~overnment. 3. Belle Plalne Public Schools - Ref. ~&679 Belle PlaLne Public Schools is request!n~ funds for the cons=ruction of ~o liEhted tennis courts at a location off Marker Sc. in the CiTy of Belle Plaine. Total cost of the factlit7 is $51,370. The City of Belle Plaine, the Belle Plaine Chamber of Commerce and =he Belle Plaine Te--{~s Association will con~ribute to the construction C05 t. The project ~s highly ranke~ in all aspects of rev~e~. 4. City of Blaine- Ref. ~4709 The City of Blaine is requesting fun~s for the construction of two lighted tennis courts at Terricorial Park. Total cosc of the project is $26,000. Officials of two school districts, Ano~a-HennePfn Dist #ll and Sprint'Lake Park Di~t. ~16 have expressed support for the facility. The project was ranked average .in cooperatiou, financial resources, and m~xtmum use accordinE to location. City of Brooklyn Park- Rev. ~4657 The City . of Brooklyn Park is requestin~ funds for =he construction of Two tennis courts a= Lakeland Park. Total cost of =he courts is $17,165. Independent School District ~279 has. a Joint recreation program wi~h Brookly~ Park. The project is above averase in nee4, financial resources,, and maximum use accordin~ co location. 6. City of Brooklyn Park - Kef. #465? Funds for the consTr=ction of two tennis courts have been requested .by the Ci~7 of Brooklyn Park. This term_is facility, to be lo=aced at Sunny Park, will cost $17,165. Independent School Dis=tlc= ~279 has a join~ recreation pro,ram wi~h Brooklyn Park. The project is highly ranked in maximum use according co location, an~ above averaEe in nee~, and financial resources. 7. City of Brooklyn Park - Kef. ~4657 -12- TABLE A: REC.~EATION RANKING 1. Belle Plaine 2. Independent School District #279/y~ple Grove 3. Cencerville 4-5. Brooklyn Park-Norwood Park Jordan 6, Maple Grove-Boundary Creek 7. Brooklyn Park-Sunny Park S. Independent School District #832/Mah~omedi 9-I0. Chanhassen Maple Grove-Donahue North 11-12. Cottage Grove Frfdley-Woodcrest 13. Burnsville 14-15. Brooklyn Park-Ladd Park New Brighton 16. Independent School District #719/Prior Lake 17-20. Fridley-Rober~ Louis Stevenson School Maple Grove-Fish Lake Woods Maple Grove-Kerber Marine on St. Croix 21-22. Brooklyn Park-Hamilton Park Shoreview 23-24. Minnetonka-Orchard Shakopee 25-28. Brooklyn Park-Lakeland Park Independent School District #196 (Rosemount)/Apple Valley Minneapolis Park and Recreation Board - Elliot Minneapolis Park andRecreation Board - Waveland Triangle 29-30. Coon Rapids St. Louis Park 31-36. Forest Lake Maplewood-Afton Heights' Maplewood-Maple Crest Minneapolis Park and Recreation Board - Powderhorn St. Paul Park South Sc. Paul 37-38. Columbia Heights - Prestamon Park Eden Prairie-Birch Island 39-42. Andover Eagan-Pilo~ Knob Independent School District #83~Withrow (Hugo) Spring Lake Park 431~1. Eagan-Rahn Eden Prairie-Edenvale Eden Prairie-Forest Hills Gold~n~_Valle~plenview z.-~olden Valley-S~[~'-- ~ ~ Indemendent School Districc ~f~nnetonka-Oberlein Roseville-Sandcastle 52-57. Blaine 58. 59. 60-64. 65-67. 68-69. 70~72. Eden Prairie-Preserve Golden Valley-Lions New Germany Oakdale Rosedale-Howard Johnson Columbia Heights- Huset Park Golden Valley High School Golden Valley-Brook~riew Golden Valley-Medley Hills Golden Valley-Wesley Long Lake Roseville-Pocahontas Lake Elmo-Lions Park Lake Elmo-Pebble Park South Washington County Schools Minnetonka-Covington New Prague Community Schools Independen~ School District #274/Hookins Independent School Dis=ricc #284/Way~ata Minnetonka-jUnc~ion 73. Eden Paririe-Flying Cloud 74. Savage 75. Eden Prairie-Prairie View 76. Eden Prairie-Round Lake 77,.ChamDlin-Clvde Andrew TABLE B: HOUSING PEP~FORMANCE -13- Top Ranked Communities_ Minneapolis "-'--S~".-' Louis Park Hopkins Oakdale Wayzata Coon Rapids Brooklyn Park Shakopee Map I ewo o d Eden Prairie Columbia Heights Blaine Forest Lake Golden Valley Eagan Ro s evill e Minne tonka Hold Harmless Co,~.-~nities Centerville Marine on the St. Croix Maple Plain New Germany Hugo Lower Ranked Co~unities Burnsville St. Paul Park New Brighton Fridley New Prague Champlin Shoreview Lake Elmo Cottage Grove Apple Valley Jordan Spring Lake Park Savage M~ple Grove Chanhassen Belle Plaine Long Lake Mahtomedi gndover Prior Lake -i4, 'TABLE C: RECREATION RANKING WI%~[ HOUSING PERFOP~M.4~NCE APPLIED 1. Brooklyn Park-Norwood Park 2. Brooklyn Park-Sunny Park 3. Brooklyn Park-Ladd Park 4. Cencerville 5. Minneapolis Park and Recreagion Board - W~veland Triangle 6. Minneapolis. Park and Recreation Board - Elliot Park 7. Brooklyn Pa~k-hamz£ton Park 8. Shakopee 9. St. Louis Park 10. Brooklyn Park-Lakeland Park 11. Minneapolis Park and Recreation Board - Powderhorn 12. Coon Rapids 13. South St. Paul 14. Independent School DisCric~ #279/Maple Grove 15. Jordan 16. Belle Plaine 17. Bu.--nsville 18. Fridley-Woodcrest 19. Maple Grove-Boundary Creek 20. NeW Brighton 21. Maplewood-Afton Heights 22. Maplewood-Maple Crest 23. Co~age Grove 2&. Marine on St. Croix 25. Maple Grove-Donahue North 26. Minnetonka-Orchard 27. Independent School District #832/Mahtomedi 28. Chanhassen 29. Fridley-Robert Louis Stevenson 30. Forest Lake ~ependent School Di,$,trict ~277/Mira%etr~~_3 ~33.--C~u~bia'Heights -Prestem'on Park 34. Shoreview 35 36 37 38 39 4O 41 42 44. 45. 46. 47. 48. 49. 50. 51. 52. 53. 54. Maple Grove-Fish Lake Woods Maple Grove-Kerber Independent School District #719/Prior Lake Eden Prairie-Forst Hills Eden Prairie-Edenvala Independent School District #196/Apple Valley Oakdale Eagan-Pilot Knob S~. Paul Park Golden Valley-Glenview Gotden Valley-Sheid Independent School Discr~ct #834/Wtthrow (Hugo) Eden Prairie-Preserve Eagan-Rahn Roseville-Sandcastle Blaine Minnetonka-Oberlein Maple Plain Golden Valley-Lions Columbia Heights - Huset Park Spring Lake Park Roseville-Howard Johnson Independent School District #274/Hopkins Golden Valley High School Independent School District #284/Wayzata New Germany Golden Valley-Medley Hills Golden Valley-Brook-view Golden Valley-Wesley Andover Roseville-Pocahontas Eden Prairie-Flying Cloud Eden Prairie-Prairie View Eden Prairie-Round Lake Minnetonka-Covington SoUth Washington County Schools Minnetonka-Junction Lake Elmo-Pebble Park Lake Elmo-Lions Park New Prague Community Schools Long Lake Champlin-Clyde Andrew Champlin-Mississippi Park Savage -15- TABLE D. STATE PLANNING AGENCY R~NKING (Athletic Courts, 1977) 1. Eden Prairie (Forest Hill) 2. Shakopee 3. St. Louis Park 4. Independent School District #279 (Maple Grove) 5. Maplewood~ (Af~on Heights) 6. Savage, 7. Eden Prairie (Flying Cloud) 8. Belle Plaine 9. Fridley (Woodcrest Elementaz7 School) 10. Eden Prairie (Preserve Playground) 11. South St. Paul 12. Eden Prairie (Edenvale) 13. New Brighton 14. Brooklyn Park (Norwood) 15. Andover 16. Fridley (Robert L. Stevens%n) o~ly~ Mark {Ladd) -- 19. Chanhassen 20. Centerville 21. Eden Prairie (Prairie View) 22. Brooklyn Park CHm~%lton Park) 23. Marine on St. Croix 24. Brooklyn Park (Lakeland) 25. Jordan 26. Eagan (Pilot Knob) 27. Independent School District #834 (Hugo) 28. Brooklyn Park (Sunny Park) 29. Shoreview 30. Roseville (San4castle) 31. Roseville (Howard Johnson) 32. Roseville (Pocahontas) 33. Indepdendent School District #719 (Prior Lake) 34. Maple Grove (Boundary Creek) 35. Maplewood (Maple Crest) 36. Coon Rapids 37. Blaine (Territorial Park) 38. Maple Grove (Kerber) 39. Oakdale 40. Maple Grove (Donahue North) 41. Golden Valley (Glenview) 42. Golden Valley (Sheid) 43. Golden Valley (Lions) 44. Golden Valley (High School) 45. Golden Valley (Brookview) 46. Golden Valley (Medley Hills) 47. Golden Valley (Wesley) 48. Eden Prairie (Round Lake) 49. Independent School DisTrict ~198 (Apple Valley) 50. Maple Grove (Fish Lake Woods) 51. Lake Elmo (Lions Park) 52. Eagan (Rahn Elementary School) 53. Independent School District #284 (Wayzata) 54. Lake Elmo (Pebble Park) 55. Spring Lake Park (Terrace Park) 56. Minnetonka (Orchard) 57. Minnetonka (Oberlein) 58. Minnetonka (Covington) 59. Minnetonka (Junction) 60. Minneapolis Park and RecreaTion Board (Waveland) 61. Minneapolis Park and Recreation Board (Elliot) 62. Champlin (Andrews Park) 63. New Prague 64. New Germany 65 Long Lake Forest Lake Independent School District ~274 (Hopkins) Independent School District #832 (~W~htomedi) Eden Prairie (Birch Island) Cottage Grove Minneapolis Park and Recreation Board (Powderhorm) St. Paul Park Ghamplin (Point Park) So. Washington County School (S~. Paul Park) Columbia Heights (Prestomon Park) Columgia Heights (Huse~ Park) Burnsville -I6- TABLE E: FINAL KECOM~[ENDED RA~NKING/COM]~INATION METI{OPOLIT;~N COUNCIL & STATE PLANNING AGCY. 1. Brookly~ Park - Sunny Park -Ref. #4657 - $17,165 2. Shakopee - Kef. #4704 - $30,000 3. St. Louis. Park - Kef. #4721 - $22,000 4. South St. Paul - Kef. #4703 - $25,000 5. Maple Grove/Independent School Diskfit: #279 - Kef. #4685 - $20,000 6. Cen:ervflle - Kef. #4652 - $14,620 1 7. Belle Plaine - Kef. #4679 - $51,370 8. Maplewood-- Alton Heights - Kef. #4698A - $24,800 9. Fridley - Woodcrest - Kef. #4680A - $18,000 10. New Brighton -Ref. #4695 - $20,418 11. Eden Prairie - Forest Hills - Kef. #4699 - $11,100 12. Jordan - Kef. #4710 - $27,000 13. Coon Rapids -Ref. #4658 - $23,800 14. Marine on St. Croix - Kef. #4667 - $1~,000 15. Cha~e~__- Kef. #4696 - 35_~ i'7'. Minneapolis Park and Kecreacion Board - Waveland Triangle - Kef~ #4718B - $36,874 18. Minneapolis Park and Kecreation Board o Elliot - Kef. #4718A - $20,600 19. Shoreview - Kef. #4688 - $30,000 20. Eagan - Pilo~ Kno~ - Kef. #4664 - $27,375 21. Independent School District #719/Prior Lake - Kef. #4671 - $30,000 22. Minneapolis Park and Recreation Board - Powderhorn - Kef. #4718D - $13,390 23. Burnsville - Kef. #4687 - $39,278 24. Independent School District #834/~ugo - Kef. #4742 - $47,000 1 25. Oakdale - Kef. #4720 - $26,000 26.. Roseville - Sandcastle/~oward Johnson - Kef. #4672 - $8,000 27. Independent School District #196/Apple Valley - Kef. #4706 - $25,700 28. Andover - Kef. #4673 - $22,892 29. Cottage Grove - Kef. #4656 - $13,800 30. Golden Valley - Glenview/Sheid -Ref. #4646 - $1~,310 31. Independent School Distict #832/Mahtomedi - Kef. #4733 - $20,000 32. Blaine - Kef. #4709 - $26,000 33. Forest Lake - Kef. #4676 - $43,000 34. Savage - Kef. #4700 - $24,560 35. Columbia Heights - Prestemon Park - Kef. #4702 - $9,280 36. Minnetonk~ - 0rchard/0berlein - Kef. #4744'- $7,600 37. Spring Lake Park - Kef. #4708 - $26,000 38~ St. Paul Park - Kef. #4655 - $18,280 39 4O 41 43 45 46 47 Independent School District #284/Wayzata - Kef. #4663 - $30,000 Independent School District #27~Rdpkins - Kef. #4628 - $19,500 New Germany - Kef. #4732 - $32,813 Lake'Elmo - Lions - Kef. #4670 - $15,500 Maple Plain - Kef. #4693 - $5,000 New Prague - Kef. #4697 - $22,250 Champlin - Andrews Park - Kef. #4719 - $15,000 Long Lake - Kef. #4686 - $15,950 South Washington County Schools - Kef. #4694 - $20,000 1 Cost estimates for these projects will be revised -17- Attachment A A. Projec= evilua=ion cri=erim 1. Project demons=re=es cooperatio~ be=ween uni=s of gove..--amen= 20 2. Need (1) a. Developmen~ ~-ill sa=isf7 a deficiency in facility in existing system. (Based on number of persons curren=ly served by public cour=) 10 b. Developman~ will sa=isfy a deficiency in facili~7 distribution in existing sys=em. (Based on distance from neares= 1Lke facility) 10 c. Project will sa=isfy a ~=~ure need. 3. Financial resou=ces available to communi~7 4. Maximum ~/se (2) a. Development w-ill increase usage of a~ existing facili~%. 20_ b. New developmen~ ~-ill provide fo~ m~ patronage wi~h co~- si~era~fo~ ~fve~ =o s~o~ loom=ions ~ lan~ use. 20 5. Availabilf~ a. Projec= is ~accessib~e by foo: and bicycle. 5 b. ProJec~ is accessible .by car · S T0~ POSSIB~ POL~S 0F ~ ~PLI~TION 85 (I) Poin=s awarded for 2.a and/or 2.b. Points for 2.c are mutually exclusive from ei~/xer 2.a or 2.b. (2) Poin=s awarded for &.a or 4.b. (3) A~i categories excep= 5.a and 5.b are based on a range of points from zero to =he m~tmum shown. 5.a and 5.b will be awarded as 0 or 5. LAKE MINNETONKA DREDGING PROPOSAL August 31, 1977 APPLICANTS: OBJECTIVE: BASIC INFOR>~TION: EXHIBITS: Dr. James Hunder, 5501 Sherwood Dr., Mound, MN 472-4244 Michael D. Doshan, 5513 Sherwood Dr., Mound, MN 472-2897 We propose to dredge three specific areas referred to in the attached exhibits. The areas of concern are as follows: Submerged island of muck and weeds 32 feet from shore line, between Hunder and Doshan docks. (See Exhibit C). This island is about 36 feet north 'to south and 64 feet east to west. The water level above the island is 2 feet or less. We propose to remove about 250 cubic yards of muck to get a water depth of 4 feet. Area to excavate is around Doshan's dock (east dock). Again, the water is 2 feet or less and we wish to excavate an area around the dock of about 35 feet by 35 feet. Removing about 130 cubic yards of muck to get a water depth of 4 feet. Area that is around the west dock (Hunder). We wish to excavate an area of about 48 feet by 15 feet to a depth of 4 feet. This would entail about 80 cubic yards of muck. Also on the west side of Hunder's dock a red rock retaining wall is proposed. It would extend about 30 feet west of dock on shore line. This would be necessary to retain shore and prevent future erosion. II. Excavation around docks is proposed so the adjacent areas can be used without damage to boats. Removal of submerged island is also for safety in boating and to improve area in general. Weeds and chunks of muck continually drift to shore from island, making this an added problem. The project would be completed by Bill Niccum - Westonka Dock and Barge. Also we would like to complete project this fall if possible. This area was dredged before in August, 1971. was P.A. No. 71-912 for Dr. James H. Hunder. The permit III. A. Diagram showing broad perspective of area. B. Diagram which depicts proposed rock placement. C. Diagram showing areas to be dredged. D. Diagram showing depth after.dredging. 1) photos of area 2) photos of area 3) photos of area E. State of Minnesota Department of Natural Resources permit application. F. State of Minnesota Department of Natural Resources permit application for Doshan. G. State of Minnesota Department of Natural Resources permit application for Hunder. H. Minnehaha Creek Watershed District application for Doshan. I. Minnehaha Creed Watershed District application for Hunder. D ,. 7.., ( . :'; I . W-221 Rev. 74 STATE OF MINNESOTA DEPARTMENT of NATURAL RESOURCES D.ivision of Waters, Soils and Minerals NOTIFICATION OF PERMIT APPLICATION INSTRUCTIONS FOR TIlE APPLICANT Minnesota Statutes, Section 105.44, Subdivision 1, requires you to supply a complete copy and all supporting data of your water permit application to the following: A) The chief executive officer of the city or township within which the project is located. B) The secretary of the Board of Managers of the watershed district, if any, within which your project is located or which your project may affect. You ~'~ST certify having served the complete application on the above in the box on the back side of the application form W-S4. .IN ADDITION, if your project is NOT located in a city, a complete copy and all supporting data of the application should be submitted to the Administrator of the Shoreland Manage- ment Program for the affected county. Complete this form for each notice served on a local government official. TO: A) Chief executive officer of the  city, ~7 township of ('pz~ pe name) B) Secretary of the board of managers of the. ~%~ t~ watershed district. C) Administrator of the shoreland management progr~ of .. ~~, county. (Print or 'type name and address of applicant) INSTRUCTIONS FOR THE LOCAL GOVERNMENT This report from provides you an opportunity to submit input to the Department of Natural Resources to assist in deciding whether to grant, modify, or deny the requested permit. It is NOT absolutely necessary for local agencies to officially approve or disapprove the project or make any recon~nendation, although this may be done if desired. It is requested that local agencies indicate the following, as applicable: A. The relationship of the proposed project to local plans for the affected water and related land. B. The relationship of the project to local land use controls including flood plain and/or shoreland regulations. (continued on reverse side) Channet 1 in_~g Total length (feet) ....... __ Length in lake/stream (feet)- - - Bottom width (feet) ....... Side slopes (ratio) ....... Average depth (feet) ....... Existing CONSTRUCTION DATA (also attach sketch or dv,rwtng) Proposcd Alterations along shore Distance along shore (feet) ...... Distance waterward (feet) ....... Thickness of fill material (feet)- - - Gradient (g) ........... Depth of excavation (feet) ...... 1. Describe type of excavation equipment to be used, if known: 2. Describe location (include map) and characteristics of spoil disposal site proposed: w-S4 Proposed 3. Would maintenance excavation be necessary? (cheek) ~ YES ~ NO Explain: 4. Volume of material to be removed initially (cu~e yards): Muck or silt __~_0~ ~._~ Sand or gravel Rock or stone ATTAC~X~NTS ~ $1S.00 filing fee, t~ photographs, ~other fspee~f~2 3~ Applicant declares that information submitted herewith and statements made herein are a true and correct representation of the facts, and that the filing of this application and information with the Commissioner of Natural Resources is prima facie evidence of the correctness thereof. CO~WLETE APPLICATION SUBMITTED TO: (1). Name of city or township street & post office Name of watershed di'st~ct (3) Shoreland Management Administrator of County (applicant) (lesbee) Address city IVlOu4.1 0 ,,, State ~t F~M, Zip code AFFIDAVIT Phone , 19 ~/~/ before me personnally appeared '/" ' who being first duly sworn and to me known to be the person who executed the foregoing application, acknowledge[s) that executed the same as [~1 / own free act and deed and that the statements, maps, plans, documents, and other supporting data are true and correct according ,. t .... % '6' L ./-t-,,.. ) .:'(-;'/'~).,. ~ ;:.: Notary Public ;/ My ct,remission expires 19 to best knowledge and belief. County W~ 54 Rev. 7,1 STATE OF ;.!INNESOTA DEPARTbIENT of N.\fU/b\L RESOURCES ivision of Naters, Soils & Minerals APPI,IC^TtoN FOR P~RN[T T0 h'0RK IN PUBLIC 5rATERS (pz~'~t bp t~pe appZ 'ca~t s quarter section(s) , section(s) (fire no., box no. or aS l es~) county(les) '7/J.I"L% /,[,i , which is riparian to 5-{/'2 ,~.//~ ~'f /lift,St. lb (n~ o~' Zake op strew) applies pursuant to Minnesota Statutes Chapter 105 and other applicable statutes for a permit to work in the public water(s) named above, in accordance with all data, m~ps, plans, and other information submitted herewith and made a part hereof. PROPOSAL IT IS PROPOSED TO: .~ excavate, ~ fill, ~ construct, /--7 remove, (check) ~ install, /~T7 abandon, or ~7 other(speoi£y) TIlE FOLLOWING: ~ dam, ~ shore-protection, /'~ sboreline,~ harbor, ~ channel, ~ bridge, (check) /--7 culvert, /---7 wharf, ~ obstruction, or Z_J other(speo{£y) JUSTIFICATION /, Explain why this. project is needed: ENVIRONMENTAL IMPACT 1. Anticipated changes in water and related land resources: 2. Unavoidable but anticipated detrimental effects: 3. Alternatives to the action proposed: PROJECT SITE DATA 1. Describe the type and am. ount of aquatic vegetaltion present: 2. Describe the nature of the material beneath the water: 3. Describe the na:ure of the upland are~: 4. Describe typo and amount of nearby shoreland development: 5. ENCI,OSE SKETCII DESCRIBING WATER LEVEL FLUCTUATIONS. (~ee in~tvuetiona) (continued o~ re~epse side) ATI'ACII EXTRA StlEETS IF NECESSARY 22.3 CONSTRUCTION DATA (also attach sketch or drawing) w-54 Channelling Existing Proposed Alterations along shore Proposed Tota[ length (J;:~¢t) ....... Length in lake/stream (feet)- - -__ Distance along shore (feet) ...... Bottom width (feet) ....... Distance waterward (feet) ....... Side slopes (ratio) ....... Average depth (feet) ....... Thickness of fill material (feet)- - - Gradient (%) ........... Depth of excavation (feet) ...... 1. Describe type of excavation equipment to be used, if known: 2. Describe location (include ~) and characteristics of spoil disposal site proposed: $. Would maintenance excavation b~ necessary? (check) 4. Volume of material to be removed initially (cubic yards): Muck or silt YES ~y NO Explain: Sand or gravel Rock or stone Applicant declares that information submitted herewith and statements made herein are a true and correct representation of the facts, and that the filing of this application and information with the Commiissioner of Natural Resources is prima facie evidence of the correctness thereof. {1} ~ Ne~ne of city or township Signe street & post office _, (2) N~e of watershed district (3) Shoreland Management Administrator of County State Y~ ~ Zip code State of Minnesot~ ) L//~ ' s s. AFF I DAVIT Phone £ounty of , .gL ~[[ K~¢.')~2 ) on this .2 day ~'f d~.~).~(' ,)bf,'L~.l i), 19 --/,-/ ...before me personnally appeared who being first duly sworn and to me known to be the person who executed the foregoing application, acknowledge(s) that ~ ~_~ executed the same as" (..Z-/ own free act and deed ami that the statements, maps, plans, documents, and other supporting data are brue and correct accordinR tO t .,) best knowledge and belief. ~ z(~:."- GREIG DEBORA}I I~ ~'~ ~ay Commissioa Expires Feb. 21. 1981 '7 Notary Public l/ County My commission expires 19 I4INNEHAHA CREEK WATERSHED DISTRICT BOARD OF I'~NAGERS / P. O. BOX 387 WAYZATA, MINNESOTA 55391 PERMIT APPLICATION - PROPERTY IMPROVEMENT DNR PA NO. APPROVAL YES DATE NO DATE RECEIVED DATE INSPECTED APPLICANT NAME ADDRESS APPLIED TO [city, village, PROPOSES THE FOLLOWING: 1. PROPERTY DESCRIPTION TEL. ~ DATE BODY OF WATER DESCRIBE WORK & OBJECTIVES * For dredging permits describe proposed method of excavation and erosion/siltation control and proposed location of spoil disposal. * For ground water withdrawal give number, location and depth of proposed wells and estimated gallons annual use. 4. EARTHWORK DIMENSIONS (FEET) 5. EARTHWORK VOLUME (CUBIC YARDS) -0i5 cu.. Ds. 6. ATTACH DRAWINGS SHOWING PRESENT CONDITIONS & PROPOSED CHANGES All maps must show: ~-~C~ ' * scale * government land lines and property boundaries * topography (two-foot contour intervals) using sea level * a plan of proposed improvements datum * locations of soundings and soil borings Cross sections must show: * water and land prof/~e showing highest · /~* s~il type~ ~,~ * n r" n s SIGN~~~~, ~ '~ DATE known water level ..;,,ti MINNEHAHA CREEK WATERSHED DISTRICT P. O. BOX 387 WAYZATA, MINNESOTA 56391 PERfqIT APPLICATION - PROPEt{TY I.~.iPROVEMENT BOARD OP Y~ANAGERS DNR PA NO. A P P I(OVAL DATE APPLICANT ADDRESS APPLIED TO [city, village, YES NO town DATE RECEIVED DATE INSPECTED DATE PROPOSES THE FOLLOWING: 1. PROPERTY DESCRIPTION 2. BODY OF WATER DESCRIBE WORK & OBJECTIVES * For dredging permits describe proposed method of excavation and erosion/siltation control and proposed location of spoil disposal. * For ground water withdrawal give nu~er, location and depth of proposed wells and estimated gallons annual use. SIGNED EARTHWORK DIMENSIONS (FEET) EARTHWORK VOLUME (CUBIC YARDS) ATTACH DRAWINGS SHOWING PRESENT CONDITIONS & PROPOSED CHANGES must show: * * ~ove~ent ~a~ ~es a~ ~o~e~Ey bo~~es * topography (two-~oot eonEou~ ~te~Zs) using se~ ZeveZ DATE