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79-01-234. % '% .... 300 Env[ronmen aJ QuaJity Board 100 Cap[,~ol Square Building 550 Cedar Street St. Paul, Minnesota 55101 Phone 296-9031 January 19, 1979 Leonard Kopp, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 RE: BeachSide Apartments Dear Mr. Kop. p: Ihe 30-day review period for the environmental assessment work- sheet (EAW) on the above project ended on January 17, 1979. No objections to the EAW's determination that an environmental impact statement (EIS) is needed on the project were received. Therefore, tile decision stands. Notice of this decision will be published in the E[~B Monitor on January 29, 1979. The Responsible Agency (Cit~-of ~F~J]-will have 120 days from that date to prepare the Draft Environmental Impact Statement. Sincerely, Jason d.entzsch, Staff Environmental Quality Board JJ/dh cc: Earl M. Nelson Beachside Development Corporation AN ~zQUA~. OP~:'OFI';'UNIIY EMPLOYEF~ ISBERG, RiESEN ERG, CHELSETH AND 2116 Second Avenue South, Minneapolis, Minnesota 55404 TO: FROM: RE: DATE: LEONARD KOPP, CITY MANAGER CHARLES RIESENBERG BEACHSIDE EIS JANUARY 19, 1979 The purpose of this memorandum is to add information and recommendation on the Beachside Apartment environmental review process. Status of Project Pro.posal. In terms of compliance with local ordinances, the project proposal is currently under conditional use permit review pending public hearing and determination by the City Council. The local CUP review process, in turn, has been held up in conformance with the State of Minnesota Environmental Policy Act of 1973 calling for the mandatory preparation of an environmental assessment on residential development construction within the Lake Minnetonka shoreline area defined by Minnesota Statutes~ Section 105.485, consisting of 50 or more units. Herein, the 54 unit Beachside proposal dictates a mandatory EA preparation. By preparing the Beachside Apartment Environmental Assessment, the City has followed state law in its preparation and submittal onto the EQB for their processing. Subsequently, your office has been notified by the EQB that after its 30 day objection filing period, the Environ- mental Assessment's Finding of need for the preparation of an EIS has been upheld by EQB. Furthermore, the EQB has ordered the City (acting as responsible agency) to prepare the EIS on the Beachside Apartment proposal. A more detailed EQB review process diagram is attached to this memo. II. City.'.R.espon~ibilit~'and'RecOmmendations With the project already going through, the first three steps of the EQB review process, now the City is ordered to prepare the EIS. a. Local'Ordinance Review It is recommended that any City Council action on the local con- ditional use permit issuance be delayed once again until an adequate EIS clearance is forthcoming from the State EQB. Orderi.n~_h.q'preparation ofthe EIS To conform to state law and EQB mandates, it is recommended the City order the preparation of a Beachside Apartments EIS. This entire process involving a 120 day study period and agency review procedure will take from 230 to 360 days for state clearance. If the study is prepared earlier ~:han 120 days and good cooperation at state/local agencies results, i<- is conceivable to achieve a shorter time period than 230 days. c. Cost of the EIS By State EQB regulation, if the proposed project in need of EIS preparation is one million dollars or more in value then the City may charge back to the private developer the cost of the EIS preparation, up to 3% of the project cost (i.e., $30,000 on a m~ll~on ~ollar project). Therefore, since the Beachs~de Apartment project is valued by the developer at one million dollars on his City permit application forms, and knowing that a 54 unit apartment building at today's cost is probably well in excess of $1 million, it is recommended that the City Council, along with ordering the EIS preparation, require the developer to furnish some form of se- curity such as a letter of credit, etc., to insure proper payment for work performed by the City on the EIS. It will take a more detailed appraisal of the project proposal to clearly estimate a specific cost for the EIS preparation. My past EIS work has shown that many EIS's are less than 3% of the project cost, especially on a small site such as the Beachside proposal. A figure of between $10,000 to $20,000 is not uncommon on a study of this scope and nature. Working out these details in the upcoming weeks can take place. d. Technical Assistance in the EIS Preparation Along with having the developer pay for the costs of the EIS, the City will have to seek technical assistance in the study preparation. It is best that the firm preparing the EIS give a detailed proposal to the City on the cost of the study, estimated hours of work, timetable, outcome of study, etc., to insure the City adequately meets state law. As we discussed earlier, our firm maintains years of experience in EIS preparation and would feel comfortable providing the technical services to. the City in carrying-out the Beachside EIS project? aside from the limited engineering work tasks. NI;i:iESOTA EilVI ~,O;I!.'.E:iT,AL REV IEU PROCESS I I:tAaEgUATE EIS FI;IDI;IG~~ ~J iP. FViEW OF REVISED J E!S ,L'ID CO;DIE;IT (.15 ~YS), I E,s FILED ~I'.rH EQC I I I' PUBLIC ,"EETI~IG UR HEARING 30-45 DAYS AFTER DRAFT EIS FILED WITH EQC ~_. j RECORD ~MA[~(S OPE;( FOR J 20 DAYS A.E~;.~E~TDiG OR HEARI~IG iFI;IAL EIS PREPARED J (3o DA~S) '9 j EgO DECISIO~i (30 DAYS} ' ] ~VIE. ElS (~5 DAYS) I , 1 ~'s ADEQUATE j DAYS) I bis 'r-~"g-r ! P~vie:, time variable dependent upon reeting or hearing sd~edule From. pertinent agencies, petition or devel:.~er PROPOSER SUBHITS DRAFT 'l EA~ TO RESPOiiSIBLE AGE:ICYJ :~,~:t0 REVIEW I .1ELS ACCEPTEDJ January 18, 1979 TO: FROM: SUBJECT: Charles Johnson - Chief of Police Robert C. Ringold, Jr. Letter of Resignation Dear Chief: When I spoke with you yesterday I informed you verbally that I was planning on resigning from the police department. At this time I would like to infoFm you that I am officially resigning my position as police officer effective Harch 1, 1979. The reason for my resignation is based entirely upon my desire to return to college and finish my Bachelors degree. At this time I have been accepted at St. Cloud State University for the spring quarter of 1979. I am planning on .finishing my major in Geography with a minor in Aviation Technology with thoughts of possibly pursuing a career in aviation. At this point in time ~ am extremely excited and a little apprehensive about what I am going to under- take, but I am deFinately looking fo~vard to getting back into the academic environment again. This cha~ge is being made af'~er a lot oF thought and consideration on my part. The time that I have spent as a member of your police depar, tment has been some of the most rewarding and worthwhile that I have ever personally encountered. It is very hard 'for me. to describe the feelings that come into play when I think about our department. One of the most important is cer{ainly pride. I am very proud to have worn the uniform of our department and I leave knowing that I have been a member of one of the best, if. not the finest police depart- ments in the State of Minnesota. Even more importantly for me is the deep respect and friendship I feel for every member of our department. A finer group of friends would be hard to find. My life style w~ll change dramatically in the next 'Few months, however nothing will ever change my feelings for everyone here. Very Sincerely Yours, Robert C. Ringotd, Jr. 1-23-79 CITY OF MOUND Mound, Minnesota January 19, 1979 COUNCIL ~MORANDUM NO. 79-38 SUBJECT: Bids - Long Term Disability Insurance Only one bid was received. It was by Mutual Benefit Life through the Don David Agency. The premium rate bid per month for $100 of monthly benefit is $1.50. Attached is a copy of the bid. CITY OF MOUND 5341 Maywood Road Mound~ Ninnesota '(612-472-1155) FOkM OF PROPOSAL - Long Term Disability Income Protection TO: City of Nound The undersigned, having familiarized him/herself with the specifications, notice to bidders, instruction to bidders, and form of proposal, hereby proposes to furnish ~ insurance as specified. It is understood that sealed bids will be received only until 2:30 P.M. on Friday, January 19, I979, at the City Office, 5341 Ma~vood Road, Mound, Minnesota 55364 at which time and place all bids will be opened and read'aloud. We will insure your employees according to the specifications beginning 12:01 A.!4., February 1, 1979 for not less than one year. It is understood that the rates shown below are firm but that actual annual and monthly premiums will be adjusted for actual enrollments for 1979-1980. Rates and Costs will be: A. Approximate annual insurable payroll (60% of $ B. Approximate nun~er of employees to be covered C. Premium rate per month for $100 of monthly benefit: ANTICIPATED FI~ ~%TE DIVIDEND 47 ANTICIPATED NET P~TE Base Bid ¥!. 0 Alt. A ~[~ Quote 2. The rates are based on: (circle one)~_~-~ experience - combination 3. Firm rates listed in Item 1 are guaranteed for the period from February 1, 1979 through January 31, 1980. Indicate if different: From to .o 4. List minimum ~onthly guaranteed benefit, if any. $ .50.00 _ 5. List rehabilitation benefit reduction i~ other than 80% . 6. Indicate most recent Best's Insurance Guide Rate for your company. A+ 7. Please staple to this bid form sepa~cate sheets listing variations a~ des- cribed in the section entitled "Adherence to Specifications". In sub~itting this bid it is understood that the right is reserved by the City of Moum~d to~ ...... .... p~:' or reject any or all bids, and it is agreed th.~.k th~s bid may not be withd~a:¢n for a period of sixty (60) days from the opening thereof, Agency Name REGULAR MEETING OF THE CITY COUNCIL January 9, 1979 PurSuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennep]n County, Minnesota was held at 5341Maywood Road in said City on January 9, 1979 at 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Robert Polston, Benjamin Withhart and Donald Ulrick. Also present were City Manager Leonard L. Kopp, City Attorney Curtis A. Pearson, City Engineer William McCombs, and City Clerk Mary H. Marske. PUBLIC HEARING - DELINQUENT UTILITY BILLS The City Clerk presented an affidavit o'f publication in ~he official newspaper of the notice of public hearing on said delinquent utility bills. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then opened the public hearing for input on said delinquent utility bills and persons present to du so were afforded an opp. ortunity to express their views thereon. No persons presented objections and the Mayor then closed the public hearing. Swenson moved and Polston seconded a motion RESOI_U-F I 01',I 79-25 The vote was unanimously in favor. PARK COMH1SSIOH /.iiHUT£S Emerald Channel Docks RESOLUTION AUTHORIZING THE CITY STAFF TO TURN OFF WATER SERVICE FOR DELINQUENT UTILITY ACCOUNTS, Swen_.';en moved and Ulr,~ck seconded a motion to concur, with the recommendation of Pa:'!< Commission regard[n,:i placement and number of docks in Emerald Channel. .'Fhe vote was unanimously in favor. Carl soa Park Docks Polston ~oved and Wi thh~:t seconded a ~otion to concur with the recommendation of Park Commission regarding the placement and number of docks in Carlson Park. The vote was unanimously in favor. Villa Lane Docks ' Polston moved = ..n~ Swenso~ seconded a motion .to concur with thru recommendation of Park Commission reqardir, g the placement' and' ' _ number of docks in Villa Lane. The vot~ was unanimously in favor. AI...,, Lane N.i[Lhh~:rt ~:ove~l anJ Pols?,:~ s~co~c!~d a motion to concur with tt~e recommendation o~' the Pa,'" Coc',:~;ss['~., . FeqaFd~ng the g~acer~en~, and number of c, oc,.s~ " in Arbor Lane.. 'F~ '~ vo~c' ~,;as ~ nl~}~nOL;%]~, ~n favor. F January 9, 1979 Chateau Access Polston moved and Lovaasen seconded a motion to concur with the recommendatic, n of the Park Commission regarding the placement and number of docks in Chateau Access. The vote was unanimously in favor. Roanoke Access Swenson moved and Polston seconded a motion to concur with the recommendation of the Park Commission regarding the classification of shoreline on Roanoke Access. The vote was unan.~mously in favor. Sunrise Landing Swenson moved and Lovaasen seconded, a motion to concur with the recommendation of the Park Commission regarding dock placement on Sunrise Landing. The vote was unanimously in favor. Dock Site 51850 Swenson moved and Lovaasen seconded a motion to concur with the recommendation of the Park Commission to reclassify Dock Site 51850. The vote was unanimously in favor. Dock 2260 and 2280 Polston moved and Withhart seconded a motion to concur with the recommendation of the Park Commission regarding the placement of dock Sites 2260 and 2~80. The vote was unanimously in favor. ¥1ATER HAIN REPLACE~'~ENT STUDY Ulrick moved and Lovaasen seconded a motion' RESOLUTION 79-26 RESOLUTION AUTHORIZING THE CITY ENGINEER TO 2ROCEED ~VITH THE WATER HAIN REPLACBM'E[~T STUDY. The vote was unan;mously in favor. SIDE~,/ALK REPLACEMENT Counci]membe; Swenson raised the issue of cracks in the newly replaced sidewalk on Shoreline Drive. PARKING VARIANCE RE~IJEST Wi thhart moved and Swenson seconded a motion RESOLUTIOH 79-27 RESOLUTION TO CONCUR WITH THE RECOMMENDATIOH OF THE PUBLIC WORKS DIRECTOR TO DENY THE P,ARKING V&RIANCE REQUEST. The vote was unanimously in favor. CO~,~HE~TS ??;D SIJGGE~TIONS FROH CITIZENS PRESEH'F t':o comment:c, or suggestions were offered at this time. f~?F~.~t.[j~..Z~.?: t(_~ ._~.__ .., __~ ............................ :.. _-L. ~'v ~ c::~s Boa rd Vii thha;-~ ',';.,,.._~d .~: .~ ?c1 .'~ L'jrt s.~con,~c:.~ a ;,c~c)q January 9, 1979 RESOLUTION 79-28 The vote was unanimously in favor. RESOLUTION APPOINTING KRISTA HARKNESS 4853 TUXEDO TO TIlE WEST HE~INEPIN HUMAN SERVICES BOARD FOR A TERM OF T~VO YEARS. BIKE HIKE PATHS Withhart moved and Swenson seconded a motion to table this item. The vote was unani,,,~ously in favor. STREET LIGHTS - C.B.D. The Public ¥lorks Director reported on the status of the C.B.D. Street Lights. CROSS WALK FLASHERS Swenson moved and Polston seconded a motion RESOLUTION 79-30 RESOLUTION REQUESTING THE COUNTY TO CONDUCT A STUDY OF THE PEDESTRIAN WALK WAYS ON COUNTY ROAD 15 AND COUNTY ROAD 110. The vote was unanimously in favor. H.U]D. APPLICATION .Swenson moved arid Lovaasen seconded a motion RESOLUTIO~I 79-31 RESOLUTION APPROVING SUBMISSION OF APPLICATION FOR H.U.D. FUNDS.~ The vote was four in favor with Ulrick abstaining. TAX FORFEIT LAND-PART OF LOT 23, 12 and 13~ BLOCK 26, WYCHWOOD Withhart moved and Swenson seconded a motion RESOLUTION 79-32 RESOLUTION AUTHORIZING THE RELEASE OF LOTS ~3~ 12 & ~3, BLOCK 26, WYCHWOOD FOR PUBLIC SALE 'Withhart moved and U~rick seconded a motion to amend the above resolution stipula~ that Lots 20, 21 and 22, Block 26, Wychwood be ~vithheld from public sale. The w~te on the amendment was four in favor with Councilmember Swenson temporarily absent. The vote on th~ resolution as amended was four in favor with Councilmember Swenson temporarily absent. BOARD OF REVIEW Polston moved and Ulrick seconded a motion to approve the date of May 15, ~979 for the Board of Review. The vote was unanimously in favor. ng PARdi DEDi CATt Withhart mo?ed and Swenson seconded a motion RESOLUTION 79~33 RE$OLUTIO[I TO ¥I[AVE TttE PARK DEDICATION AS LEV' :.D ON THE PROPERTY AS DESCRIBED IN RESOLUTION The vote was unanimously in favor'. BO,~rj~ FO~~ ~ '~'"I~'! ~ - OF~DI CH.ANC, E ,,.a,:._. ,.'.-~:; Cie Co:!c~ ~]s Or'c];;~<~;-~c~; ~-h:~ January 9, 197'9 0RblNANCE ti0. 392 AN ORDINANCE AMENDIF;G SECTION 26.61 OF THE CITY CODE RELATING TO SURETY BOHDS AND INSURANCE REQUIREMEHTS FOR MASTER PLUMBERS The City of Mound does ordain; Section 26.61 of the City Code is amended to read as follows: Section 26.61. State Master Plumber's License, Registration, Fee and Bond. Each person,firm or corporation doing plumbing or sewage installation, repair or connectien for hire within this City, shall have a current license as Master Plumber from the State of Minnesota, and shll first apply to the City for the registration with the City of such license~and shall pay the following~bond, insurance, and other requirements: A. The fee for such registration shall be $15.00 per year and each reg- istration shall terminate on January 1, next, after issuance. Registration shall not be transferable. Where the term of the registration is less than a year, the fee shall be prorated with a minimum fee of $5.00. B.' The applicant for registration Shall file bond in the amount of $2,'000 in favor of the City of Mound in favor of the City of Mound and of the public in the form prescribed by the City or the State of Minnesota conditioned upon the faithful performance of his work under such license and registration and conditioned upon his compliance with these ordinances, and further conditioned that the City will be saved harmless from any loss, damage, cost or expense, by reason of improper or inadequate performance for noncompliance with the terms of this ordinance by the registrant or his agents or employees. The applicant for a permit may file with the City proof that he has given bond to the State of Ninnesota, pursuant to Hinnesota Statutes, Section 326.40 Subd. 2; and that said bond is in force and on file with the Secretary of State. If said certification is given, a separate bond shall 'not be required by the City of Mound. C. The app1~cant for registration shall also ,file a certificate of insurance or cop~es of public liability and property damage insurance pol;cies containing a provision that they shall not be cancelled without 10 days writ- ten notice to the City Clerk, showing coverage of not less than $50,000 for injuries, including accidental death to.any one person and subject to the same limits for each person in the amount of not less than $100,000 on account of any on~ accident, and property damage insurance in the amount of not less than $25,000. If the applicant provides certification that public liability insur.~:nce, including products liability, as allowed by Minnesota Statutes, Section 32~40 Subd. 2 is in force and certification is on fi'le with the State Board of Hc-alth, then ti~e insurance certification required by this section of City Code sheit not be required. D. Ho person~ firth or corporation shall do any p~umbing or sewage in- stallation, repa[r or connection work for hire within the City without having firs~ secure:f the regi~r~ ~ion of the said license and having posted a bond and a cer~,f'- .... . ' Ic~ O( ]r~Stir~n'c~ as required [~ere]n E. I,Io st..n registrant shall permit any person, firm or corporation other ~l~an i"~; ::'.'.;;aficle e~;:plofees to perform such ~.,ork under such license and registr~it January ~ 1979 LOTS IN DEVON Polston moved and ~¢ithhart seconded a motion RESOLUTION 73-34 RESOLUTION AUTHORIZING THE LOTS IN DEVON BE WITHHELD FROM PUBLIC SALE The vote was unanimously in favor. I~IFORMATION MEHO~AHDUHS Island Park Halt ?o~icy Lovaasen moved and Polston seconded a motion RESOLUTION 79-35 RESOLUTION ADOPTING A POLICY ON RENTAL OF ISLAND PARK HALL The vote was unanimously in favor. Briarwood Wihhart moved and-Swenson seconded a motion directing the City Manager to notify the owner of the Briarwood that the balance of $1,000 in payment for the liquor license is due and payable on or before January 31, 1979 or the license will be revoked. The vote was unanimously in favor. Warning Siren The Chief of Police reported on the status of the repair of the warning signal. Harry Lund Property The City Manager reported on the status of the Harry Lund property. Hennenpin County Community Development Block Grant Planning Advisory Committee 'L Polston moved a~d ~,lithhart seconded a motion RESOLUT:ION 79-3~ RESOLUTION APPOINTING ALAN P. 'OLSON TO THE COMMUNITY DEVELOPMENT BLOCK GREANT PLANNING ADVISORTY COMMITTEE. The vote was unanimously in favor. ADJOURNMEHT Swenson moved and ',,,"ithhart seconded a motion to adjourn to the next regular meeting on January 22, 1979 at 7:30 p.m. The vote was unanimously in favor, so adjourned. Mary H.. Harske, City Clerk/Treasurer Leonard L. ~::o:.~p, City Manager 1-23~ CITY OF MOUND Mound, Minnesota January 17, 1979 COUNCIL MEMORANDUM NO. 79-31 SUBJECT: Public Hearing - Rezoning The Council continued until January 23rd, the public hearing to consider rezoning two corners of Westedge Boulevard and Bartlett Boulevard from' Commercial to Residential A-1. The City Planner has prepared a report on this proposal a copy of which is attached. L~'6-~rd L. Kopp- ~' ~/ / MICI'IAEL d. ADAMS GREGORY D. GUSTAFSON lqARK G. OHNSTAD THOMAS I. HARA JOHN M. BUJAN RONALD L SNELL1NO JAMES D. ATKINSON, III GUST^FSON, GUSTAFSON ~¢ ADAMS, P. A. ATTOrnEYS AT L'~W SUITE 41 I 7400 METRO BOULEVARD EDINA, MINNESOTA 554,~5 TELEPHONE (61 i~) 835-71~77 January 23, 1979 OF COUNSEL HARRY GUSTAFSON WALTER C. GUSTAFSON Mound City Council Mound Minnesota 55364 Re: Proposed Rezoning at Corners of County Roads 44 and 110 Gentlemen: We have been retained by Thomas Shandley, Gary M. Nelson, and Edina Building, Inc. regarding the above-referenced matter. The purpose of this letter is to set forth in writing the position of Our clients, and the reasons therefore, regarding the proposed rezoning. Edina Building, Inc. is the fee owner of a substantial portion of the property which is the subject matter of tonight's hearing. Messrs. Shandley and Nelson are potential buyers of the aforesaid property, having executed a purchase agreement in regard thereto on June 26, 1978. Mr. Nelson is a resident of Mound while Mr. Shandley has located his business in Mound. It is our belie~ and our clients' belie~ that the property in question should not be down zoned to single family residence for the following reasons: The proposed use as a 12-unit apartment building is compatible with the neighborhood. The proposed building would serve as a buffer between the county roads and the houses located to the east and south of the proposed building. The proposed building would blend in with the trees on the site, many of which will be preserved. The pro- posed building is far more compatible than any other type of commercial ~uilding. The proposed building will comply with presently applicable setback, size, site layout, etc. specifications. Down zoning would not remove spot zoning. Even if the proposed resolution is passed, the area north of the property in question would still be zoned for duplexes. It does not seem fair to rezone part M~und City Counsel? January 23, 1979 Page Two of this intersection to single family while leaving the north half zoned for duplexes. 13. It is not true that no commercial establishment has been on the property for 25 years. The property was used as an office within the past 10 years. The criteria for granting rezoning have not been met. These two criteria, as set forth in the city planner's report of January 16, 1979, are: (a) the original zoning was in error or (b) a significant change has occurred in the surrounding area. It is difficult to believe an error was made since the property was first zoned in 1945, reconsidered in 19.60 with a recommendation of multiple (the proposed use here) and reconsidered when the north half of the intersection was rezoned. Likewise, a significant change has not occurred in the neighborhood since the surrounding area has been single family zoned since 1945. o The proposed down zoning, if passed, will be challenged in court and will, in our opinion, be ultimately over- turned by a court of law. The present fee owner purchased the property in 1976 when it was zoned commercial. The fee owner, and the previous fee owners, have paid taxes on the property based on its commercial zoning for innumerable years. The 1965 sewer assessment was based on its commercial zoning. The present fee owner was even given a letter in 1976 by the City of Mound indicating that a multiple dwelling building was permitted on the property. Now, after years of taxes, assessments and reliance on the commercial zoning and after the owner applies for a conditional use permit, the city planning commission suddenly takes the position that the property should not be zoned commercial at all nor even multiple dwelling but only single family. The city planning commission apparently reached this decision not because of some overall rezoning plan but because of the filing of the conditional use permit application. This, in our opinion, is not permitted by law. We regret having to threaten the city with the possibility of liti- gation. However, the proposed resolution will devalue the property from $40,000 to less than $20,000, with no compensation whatsoever going to the fee owner. If this resolution is passed, we will have M~ound City Counsel~ January 23, 1979 Page Three no choice but to institute litigation to protect our clients' rights in the property. Very truly yours, GUSTAFSON, GUSTAFSON & ADAMS, P.A. Mark G. Ohnstad Attorney at Law MGO/ds cc: Edina Builders, Inc. Thomas Shandley Gary Nelson '"'ISBERG, RIESEN RG, CHELSETH AND A SOCIATES, INC. 2116 Second Avenue South, Minneapolis, Minnesota 55404 612-871-5628 TO: FROM: RE: DATE: I. MOUND CITY COUNCIL PLANNER PROPOSED REZONING AT CORNERS OF COUNTY ROADS 44 AND 110: PLANNING REPORT JANUARY 16, 1979 Introduction The purpose of this report is to supply the City Council with sufficient enough information and recommendation in preparation of making a decision on the proposed rezoning at the corners of C.R.'s 44 and 110. II. Background Information a. DeScription of Proposal/Site The two vacant southern corners at the intersection of County Roads 110 and 44, each occupying approximately one acre (200' x 200' = 40,000 sq. ft.), are at issue. Presently zoned commercial, the property owners, at a recent planning commission meeting, September 11, proposed the construction of 12 multi-family housing units on the site. The existing zoning of a commercial district according to the Mound zoning ordinance allows multi-family units (section 23, dl) as a permitted use.[After hearing the development proposal at the public meetings, the planning commission has subsequently recommended onto the city Council that the site in question be rezoned to single family for reasons of incompatability with area development, lack of commercial development for over 25 years and the elimination of a spot zoning area. b. Surrounding Land Uses and ZOning The two one acre parcels are presently undeveloped and vacant of urban land uses. Surrounding land uses are predominately single family residential and the School Forest. ONOBO ONO~O OUTLOT B · , cO. 1510 N ' ROAD' ~ · .: :-: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ::::: :::: ::::..:.:.:.:.:. .:.:.:.:.:.:.:.:.:.:.:.:.:.:.:~:.:.:~:.:.:.:.:.:.:.:.:.:.:.:.:.:~:.:.:.:.:~`~.:.:.x.:.:.:~:...................`..~.. ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: .-.:..,..:.:,:.:.:,;.:.:.;.:.:...:.:~ ...:....,. -.-.-....-. -,:.... ,. ....... .............. :..' :.: .................................. :~~~~~~~~~.~~~~~~~~~~~~~~~~~~~.~~;~~~~~~~~~:~~.~~~~~~~~~.~~~...~~:~~~~~~~~~~.~.~.~.~.~~~~:~~.:~:~~~~~~~~~.~°~~~~~~;°:~~~~..-' :;;.,.....,..,..............-.....-.......-...-.-,...,-.,,..-.-...-......;.; ;-: .......... :.: :::...-.....-.-...........................-.,..,..-..,-:-:-:.:-:.:.:.:.:.:.: ..................... :::.,.-.-.-...-.-...-.-.-...-.-.........-.-....,....-,......-.......-o..... · ....... ::::::::::::::::::::::::::: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :.: :.:.:.:.:.:.:.:.: · ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: :i:i:i:i~ii:!:i:!:!:!: :::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: i:i i:i:i:i:i:i:::i .... :i:i'i'i'i'i'i'i'i'i'!'i'i'i'!'!'!'i'i'i'!'!'!'i'i'i'!':':':':':':':':':':::: :':'"""'"'""' '.'-:,: ::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::::: ~ - :/ I-- 0 ..I I-- 0 £~'~a.r :~oO 't,t'tV alit q '- '~aov ~ l '001£ - puno~ O§Dii!A O~31Sll Zonin9 and Utility Assessment of Site The original 1945 zoning ordinance designated the two southern corners at the 44/110 intersection as commercial (see map 4). In 1960 as part of the comprehensive plan program, the land use plan narrative recommended that the intersection be char§ed from commercial to light commercial or multi-family. However, the land use plan map does not reflect this recommendation and designates the intersection as single family, aside from the northeast corner as public for the school site. A subsequent rezoning at the intersection has down-zoned the two northern intersection corners from commercial to residential duplex, while retaining the commercial status for the two southern corners. The only additional zoning history pertinent to the site is when, last year, the multi-family district provisions were amended to reflect new development regulations for apartment construction. The 1965 sewer assessments to the properties, based on commercial development potential, is also part of the site's history which plays an important part in reviewing a rezoning request. In determining the burden of sewer assessments, more intense land uses such as commercial or multi-family development pay higher rates when compared to single family development zoning. III. Criteria For Grantin9 Rezonin9 While the Mound zoning code does not specify, traditionally in Minnesota zoning practices, the granting of a rezoning takes place based on the planning commission and city council finding one of two situations present: l) The original zoning of the property at issue was in error and incorrect, or 2) Significant change in community and neighborhood development patterns are sufficient enough to warrant a review and change in zoning to reflect new circumstances. OUTLOT 8 4 141. ZI 1¢¢o M~. School Pislr/ct 149.7 IZ77 1510 ."" ,_~OAD a 3 4 ZI7 · 12Hs 13 17/o. lis'e OUTLOT ?.- N8~1O~4~ 4 141.21 .. 4oFI /nd. $choo/ Dis/'Wct 3/o. 277 ~°RIDGE I5 · ~.77 ISZ. 54 4 I1 T J' 30 8 ~ ~9 9 ~ 28 171o. OUTLOT NSB 9 $ B 8 QR,DGE _t 141. Zl Iz77 i¢o ~ 9 I~¢0 Ind. School ~/s/r/ct )Vo. Z 71 171o. 12o ROAD .3 3 4 !1 8 ~ 29 t . 9 I' 28. Z7 26 I 14 23 i? ~ .: HAW N881o54[._. ~ 149.7 :~ ' .gRIDG IZI7 - / /~o. 48 120 ~ t?Z. 54 I1 9 HAW . · I ;.I ' ~ RtDGEWOOD :... ROAD.. :.. -., Conclusions 1. Comparability with Area Development Most times it is a judgment as to whether a proposed land use will be in harmony with neighboring development. At the 44/110 intersection, since the proposed development site is completely surrounded by single family residential and park, the findings of the planning commission are well founded based on community attitude and values. My interpretation of the original concept behind the intersection zoning was to provide for a convenient, neighborhood retail outlet. In no other situation in the City does an intersection contain similar commercial corners surrounded by a single family neighborhood, aside from a partial commercial corner zoning at Bartlett and Commerce or Three Points Boulevard and Commerce. e Developability of Site I personally feel since the two corners are about 40,000 sq. ft. apiece and while the proposed development site is only 34,000 sq. ft. in size that any corner business establishment would be limited to a small development considering setback regulations bordering residential property, parking space demand, and need for adequate spacing between intersection and proposed access points. The size of the property itself therefore limits commercial development opportunity. Similarly, multi-family development opportunity is limited bacause of site size. In fact, the appr6ximate 34,000 sq. feet of the proposed development site would only provide enough land for 7 - 2 bedroom multi- family and 8 - 2 bedroom townhouse units under the newly revised multi- family conditional use permit section (lot area per dwelling unit .regulations). 3. Permitted Land'Uses in Commercial District Zone Allowing multi-family apartment development in a commercial zohing district as a permitted land use, aside from as an accessory structure, is uncommon to most city zoning ordinances where the major types of land uses (residential, commercial,'industrial) are segregated and separated based on an assumption of nonconformity if mixed haphazardly. We will further review the mix of land uses in the zoning ordinance update. o Zoning Coordination with Land Use Plan a. The existing zoning of two southern corners of intersection 110/44 as commercial is inconsistent with the land use plan map which designates the properties single family residential. b. Moreover, the land use plan map designates the two parcels of land as single family residential which is inconsistent with the land use plan narrative which suggests the following for the 100/44 intersection: The intersection of these two county roads is presently zoned for commercial use although no commercial development exists there at the present time. Because of its location within a neighborhood area adjacent to an elementary school site, the present commercial zoning should be changed to a use category that will not continuously draw high volumes of traffic. The Land Use Plan recommends that the existing commercial zoning district be changed to an office commercial or a multiple dwelling residential zoning category, so that a more compatible use district is created. e The Practice of Downzonin9 While years ago most courts viewed downzoning unfavorably, today down- zoning is possible if supported by good reason, with many times accompanied by an updating of the land use plan and zoning ordinance on a city-wide or comprehensive basis. Secondly, the legal issue of vested property rights must be resolved where most courts still require that as a result of any downzoning the property owner still must be left with an opportunity for a reasonable use of his property and economic return. V."Recomme~dation Since the proposed use of the property owner is consistent as a ¢onditiohal use in the district where it is situated, the ultimate level of control in enforcing the zoning ordinance is the issuance of a building and conditional use permit. It is at the date of permit application that the zoning ordinance in effect at that time is followed: this point is crucial. Only if the city were to rezone the property in question prior to the application of a building permit could the development be controlled to single family land use. If the property owner does not apply for a building permit, or if the City Council could act on a rezoning resolution prior to a building permit application, any downzoning would subject the City to a risk situation of being challenged by the property owner. I see the major issue and risk to the City in downzoning the property related to a utility assessment compensation for higher rate payments since 1965. The property owner could raise a secondary challenge attempting to establish an unconstitutional taking of the property by being deprived of a reasonable use of his land. In other words, the property is worth less when rezoned to single family as compared to commercial or multi-family. I recommend the City Council select one of three alternative courses of action: Alternative #1: Review the Proposed Development Under the Existing Zoning and Conditional Use Process Obviously, this alternative would not subject the City to legal court challenge by the property owner. On the other hand, the issues of the proposed development as to neighborhood acceptance of land use compatibility would not be met. The conditional use permit review process would follow City code and to the extent possible, attempt to provide buffering, site layout, circulation, etc., to make the development more compatible with the neighborhood. Alternative'#2: Downzone the Property Immediately By downzoning, the City does risk litigation but at least temporarily stops the development as it relates to the one parcel in question. It is questioned that after making application for a conditional use permit on August 16th, any subsequent rezoning of the property would be binding. I recommend if the City Council does downzone the property from commercial to single famiiy residential, the rezoning be based on the following findings: l) 2) The original zoning on the property is in error and inconsistent with the adopted Mound Land Use Plan Map; The site's surrounding land uses through years of recent community development activity have significantly changed the neighborhood land use pattern to single family residential and permanent parks; 3) 4) Changes in consumer shopping behaviors have taken place since the original zoning of the site wherein the economic functioning of small isolated retailing establishments are questioned for their long-term viability; and furthermore, The practice of permitting both commercial and residential land uses in the same zoning district be discontinued and amended as part of the current zoning ordinance revision program. Alternative #3: Delay Any Downzonin9 of the Property Address the intersection within the content of the city-wide plan update program. Needing the cooperation of the property owner in the plan updating, the City would explore alternative medium density residential land uses such as two-family units or even townhouses, as a compromise to the property owners past and existing property rights and an acceptable development to the neighborhood. ct Respectfully submitted, City Planner 1-23- 79 CITY OF MOUND Mound, Minnesota January 16, 1979 COUNCIL MEMORANDUM NO. 79-26 SUBJECT: Public Hearing - Street Improvement Commerce Boulevard A public hearing has been called for the improvement of Commerce Boulevard from Bartlett Boulevard to Cook's Bay as well as improving the parking lot at the Park. Since the Bait Shop and Cultured Marble might possibly have some benefit from this project, they have been notified. CITY OF MOUND Mound, Minnesota 1-23-79 January 16, 1979 COUNCIL MEMORANDUM NO. 79-25 SUBJECT: Public Hearing - Gambling Ordinance A public hearing to consider an ordinance to allow gambling under certain conditions as established by State Statute has been called for January 23. A copy of Council Memorandum No. 78-405 is attached which discusses this ordinance. CITY OF MOUND Mound, Minnesota November 30, 1978 COUNCIL MEMOk~NDUM NO. 78-405 TO: The Honorable Mayor and City Council FROM: The City ~lanager SUBJECT: Gambling Ordinance Attached is a copy of a letter and a'prop0sed ~ordinance prepared by the Attorney. The license fees provided by the ordinance are: ~for.a single occasion license temporary 2~0 for an annual license for a "paddlewheel" /A~ 20~.~0 for an annual license to conduct a "raffle" 19b.0~ annual fee for a "tip board" There is no prorated licenses. All licenses extend from February 1 to -January 31 of next year. Thus, if someone bought a license in July, the full year's fee would be charged for the six months remaining in the license year. The ordinance also requires monthly reports and limits the amount of prizes to be given by'any organization to $15,000 per year The manner in -/nich we interpret'the ordinance is that if you had a paddlewheai, a raffle and a tipboard, the total annual license would be $500. ~nd ~ke maximum prizes from all three, $15,000. The temporal; license is a single occasion which is interpreted to be one day. Minnelonka Post 398 AMERICAN LEGION MOUND, MINNESOTA SCHOOL ACTIVITIES Nurses Scholarship Girls State Boys State Girls County Boys County Social Studies Essay Contest 8th Grade award - girl 8th Grade award - boy AFS Plaques AFS Stude~ Fund Education Week H.S. Band Flag to school class rooms $400.00 55.O0 90.O0 2'1.O0 4O.OO 75.oo 10.00 10.00 5O.OO 6O.OO 61.00 100.O0 100.00 $1,072.00 COMMUNITY Forgotten Children Local families at Christmas Blood Bank expense ~w:~ Christmas Party for Birch ~ Tot Finders (firemen) Community Hot Meals Memorial Day Taxes -'real estate Fire Dept. & Auxiliary Legion Baseball Babe Ruth res. 50.00 35.OO 3O.OO 230.00 3o8.oo 100.00 7O.OO 3777.70 200.00 1650.O0 3OO.OO $6,750.70 AM FAinnetonka Post 398 ERICAN LEGION MOUND~ MINNESOTA AREA Servicemen Center - airport American Legion Hospital Assoc. Operati on Heartbeat Red Wing School Multiple Scerlosis~ Camp Courage Campership Muscular Dystrophy Fund Veterans Hospital Christmas Gift Shop Veterans Hospital Christmas Vets Gen. Fund St. Cloud Hopsital Christmas Gift Shop Cambridge State Hospital American Lung Association USO Minneapolis Veterans Home Hastings Veterans Home Veterans Hospital Dance DONATED SPACE WITHOUT CHARGE $225.O0 100.00 1140.00 15.00 10.00 100.00 50.00 100.00 25.00 100.00 5O.OO 20.00 100.00 100.00 5O.OO 233.00 Suburban Public Health Clinic 12 times @ 20 240.00 Senior Citizens 12 times @ 25 300.00 WWI Barracks 12 times @ 20 240.00 Coaches meetings, baseball,sports 20 @ 10 200.00 JC 3 times @ 10 30.00 Mrs. JC 3 times @ 10 30.00 Community Blood Bank 1 time @ 25 25.00 Sr. Girl Scouts 12 times @ 10 120.00 Funeral Lunches 120.00 TOTAL $ 2,418.00 $10,240.70 $ 1,305.00 1-23-79 CITY OF MOUND Mound, Minnesota January 17, 1979 COUNCIL MEMORANDUM NO. 79-32 SUBJECT: Park Commission Minutes Attached are copies of the Park Commission minutes. Council action is re- quired on the Commons Maintenance Permits below: 2o .. Kenmare Commons on Kildare Road - Gil Maccone The Park Commission recommended authorization to gravel access area for entrance to his garage. Recommendation under 16A of the Flow Chart. Brighton Commons - L. Quist, 3025 Brighton Boulevard (A) Request for horseshoe stakes on Commons Park Commission recommended denial since it has a negative impact and is not compatible with City usage. The Park Commission asked that the stakes be re~ved in the Spring. (B) Request for Martin Birdhouse. Recom~,ended under 16A of Flow Chart. Brig~.~o~ ComMons - H Bischke, 3001 Brighton Boulevard Rec~ ..... e..~_c request for installation o'~! park bench set in Concrete be denied. Bench was installed without a permit after 3-15-77. Brighten Ccr~ons - D. Fromes, 2971 Cambridge Recor~end request for Purple Martin Birdhouse be granted. Wychwood Commons - B. Chapman, 4994 Manchester Park Commission recommended approval of a Martin Birdhouse and a redwood picnic table with the stipulation the picnic table was not for the exclu- sive use of the permit holder. Lake Boulevard - H. Peck, 2181 Fairview Lane (A) The Park Commission recommended approval of a picnic table and two benches and a lamp post with the stipulation that the table and benches can be used by those using the Commons. (B) The Park Co~mission recommended denial of a hedge on the Conunons and asked that the hedge be moved to the property line. Kenmare Commons - Wm. Burton, 460~ Carlow Road (A) Fleg Pole - Recommende'/~ by Park Commission. (B) Portable Fence - Reco:~mend~d this be denied. (C) Boa~cdwa]k to beach - Conumission felt this should be treated as a dock. 1-23-79 Council Memorandum No. 79-32 Subject: Park Commission Minutes 8o 10. ( - Page 2 Sandy Lane Access - B. Hanson, 4916 Edgewater Drive Request for an 8 Ft. X 3 Ft. garden on the access was recommended for denial. Waterbank Commons - L. Sawatske, 5240 Pike Road Reco.~ended denial of 3 arbor vitae bushes and asked' they be removed. Waterba~ Commons - Taft Abras, 2163 Fairview Lane Outdoor Fireplace - Approval recommended providing it can be used by those using'the Commons. Devon Commons - T.W. Prokasky, 4649 Island View Drive Permission for a shed recommended under 16A of the Flow Chart with the stipulation it be painted earthtone. Kenmare Commons - J. Dzik, 2530 Black Lake Lane Recommended denial of a request for a s~airway since this is Type A Commons. The applicant would like to appeal the decision. See copy of letter attached. Fai~view Lane Access - G.C. Johnson, 2943 Oaklawn Lane Park Commission recommended the platform be treated as a dock. ~'-L~'eo~ard L. Kopp. d{ Minutes of MOUND ADVISORY PARK COMMISSION January 11, 1979 Present: Hal Larson, Pat Shay, Doug Anderson, Larry Peterson, Jon Lynott, Toni Case, Cathy Bailey (Frank Ahrens was excused), Staff, Don Rother, Chris Bollis, Ben Withhart and Councilman Gordon Swenson.and secretary D. De Laney The meeting was called to order by Chairman Larson.. First item on the agenda was the election of officers for 1979. Motion was made by Shay that Larson be Chairman, there being no further motions from the floor, the vote was taken and unanimously approved. Motion made by Case that Shay be Vice Chairman, there being no further motions from the floor, the vote was taken and unanimously approved.. Approval of 12-14-78 mi~nutes: A motion was made by Lynott and seconded by Shay that 'the minutes of the December 14, 1978 me~ting be approved with the addendum of letters from Roger Bondhus of '1604 Eagle Lane end'Donald Brandenbur~ of-2567 Emerald Drive be included. Motion-unanimously approved. -. Maintenance Permits 1979:. Gil Maccone - on Ki]da~e Road - Kenmore Commons Request to regrave] access area to allow entrance to his garege. Motion by Lynott seconded by Larson to grant permit under 16A of Decision Flow Chart wi'th stipulation that width of road be.maintained so as not to exceed present width. Unanimously approved.. Lawrence Quiet - 3025 Brighton Blvd. - Brighton Commons Two Horseshoe Stakes. Motion by Lyno'tt and seconded by shay 'to DE~y r~quest under 16B. Has negative impace and not compatible'with City usage., remove in Spring. Vote was unanimous to deny permit request. Martin Birdhouse. Motion by Shay seconded' by Peterson that permit be approved under 16A. Unanimously approved. Herb Bischke - 3001 Brighton.- Brighton Commons Park Bench set in concrete. Motion by Lynott seconded by Shay'to ED~permit under' 7A. This bench did not exist prior to 3-15-77 and was installed without a permit. Vo~e was unanimous to deny permit request. Don Fromes 2971 Cambridge - Brighton Commons Purple. Martin Birdhouse . Motion by Bailey seconded by Lynott.tO grant, request under 16A. Unanimously approved. Bette Chapman - 4994 Manchester Road - Wychwood Commons F!artin Birdhouse. Mo~ion by Shay seconded by Bailey to approve request under Unanimously approved. Red>~ood Picnic Table. Motion by Bailey seconded by Anderson to grant permit under' with stipulation that item is not for the.exclusive use of the permit holder only. H. Peck- 2181 Fa[rview Lane. Picnic T.:.~5i~ ~nd two benc.~_s Notion by Bailey seconded by Lyno~t to grant permit .... ._r ~-'~ ~.~th s~]pu'iat~o.-~ ~ha~ items are not for the exclusive uss of the permit ' ~ 7- ,~. a~proved Minute~ of Mound AdviOy Park Commission Meeting 1-._1 page two H. Peck continued.: Lamp Post. Motion by Bailey seconded by Anderson to approve permit under 16A. ~Unanimously approved. Hedge - Motion by Bailey seconded bY AndersOn to DENY permit and request that Staff arrive at means of removal of hedges to property ~ Unanimouly.approved t-o.de.~ny request. William Burton - ~608 Cariow Road - Kenmare Commons Yard Light - Motion by Bailey and seconded by Lynott to approve permit under 16A. Unanimously approved. ' ' ' Flag Pol~* - Motion by. Lynott and seconded by Shay'to approve permit' under' 16A. Portable Fence - Motion-by Bailey seconded by Anderson to DE_~ermit under 16B. Unanimously approved to deny request. Note: Park Commiss'ion will request City to install permanent markers to deter vehicle traffic on commons. · Boardwalk to Beach - Con~ensus of Commissioh that this structdre was a dock and to apRly for a dock permit. Bette Hanson - 4916 Edgewater Drive - Sandy ~Lane,Access' ' 8 x 3 foot garden. Motion by Larson seconded by Shay to DE~-LY'Pe'r~it under'TA. This is new and access is only 10 ft wide. Unanimously approg~ed~to deny permit. L. Sawa'tzke - 5240'Pike Road -' Waterbank Commons Three (3) arbavitae bushes. Motion by Larson seco.nded by Case to DENY permit under 7A. ~ These are new, do not enhance City usage and pa'rty applying for permit remove these in Spring. Unanimbusly approved to deny permit. ~ Taf~ Abras - 2163 Fairview Lane - Waterbank Commons~ Permanent Outdoor Fireplace.. Motion by Bailey and seconded by Lynott to approve'per- mit under'16A with stipulation that structure is not fOr the exclusive use of permit- holder only. Unanimously approved. Thomas W Prok~sk~ 4649 Island View Drive - Devon Commons Shed. Mot~on by Larson and seconded by Anderson to approve permit Under 16A and. that structure be painted in an earthtone consistent with prior recommendation of Comm. UnanimOusly apprOved. ../ Jonn ik - 2530 Black Lake Lane {~'~ ~ ' Variance ~or stairs and dock in front· of~home on Kenmare COmmons, Motion by Larson seconded by Peterson to DENY variance. This is a type "A" Shoreline and Commlssio~ cannot reclassify[ Applicant should ap~ly, fora dock permit.at another location few'hundred feet from home. Unanimously approved to deny variance. G.C. Johnson - 2943 Oaklawn Lane - end' of Fairview Lane access .. ' Concensus of Commission that this plat'form is in reality a dock and as such he woold have to apply-for a dock'permit and Would pay fee based on footage of platform. Note: This is a structure that has been in existence for some time and-under no'ci'r- cumstances would this type of structure be permitted on the commons now, Council Representative Withhart's Report: Explained Council's recommendation to County on Bike Hike Path on 110 going liorth to- wards the High School. Mound prefers both sides of road 'For path and Minne~,-ista also indTc~tes they will agree with this preference.-Motion by Larson seconde-J by Shey tha~ Park Commission favors the Bike Hike Path going t, lorth on 110 to be on both sides o? the road. Unanimously approved. Minutes of Mound Advisory Park Commission Meeting 1-11-79 page three Dock Fees: Park Comm. recommendation was $20.OO'and Council increased to $25.00 to offset increasing expenses and to make this phase of the department at a breakeven position, if possible and to be in line with surrounding communities and their fees.. Council is contemplating disbanding the Youth Commission but will maintain membership by having youth representatives on the various commissions. All changes as recommended by Commission on Dock Location map were approved by Council. Park land dedication was explained, with reference to residential structures and div- ision of property. The new Planning Consultant has prior'ities that supercede those of the Park comm. and consequently the Park Comm. is about fourth in list of priorTties. He should be conr sulting Commision ]ate Spring or Summer. The City has acquired more land through tax forfeiture that can be utilized for both park use and wetlands. City has made application to HUD and part of the monies are labeled to help combat Dutch Elm disease. Council has taken the recommendation of the Park Comm. with reference to the Adult Recreational Program. Pa~k & Recreation Report: Chris Bollis Bollis informed Commission that the warming house is in operation and that it is opened around 3:30 p.m. daily. All skating rinks are now covered. Committees for 1979: Calendar C~m~ictee-- Chaired by Pat Shay Stever Hasek and Hal Larson Recreational Ccr~mittee - Chaired by Cathy Bailey Doug Anderson, Larry Peterson, Toni Case, Jon Lynott and Frank Ahrens. Long Range Planning Committee - Chaired by Hal Larson Cathy Bailey, Toni Case, Pat Shay, Frank Ahrens, Steve Hasek and Lorraine Jackson Trails Committee - Chaired by Jon Lynott Doug Anderson, Larry Peterson and Lorraine Jackson To clarify for alt members the First Meeting of the month is the official meeting and the Second meeting is the Discussion Fleeting for the various committees. Motion mada by Lynott Seconded by Shay to adjourn. Unanimously approved. did For convenience of members and referral use, the following enclosures are attached. D~,[sion Flow Chart - adopted by Council 3-15-77 (as amended Res 77-130-131) Listinc: o~ Commission members and terms Lis~ir.g of £.o~r~ittees for' 1979 and members Calendar Committee: Chairman - Pat Shay Ed Hasek Hal Larson MOUND ADVISORY PARK COMMISSION COMMITTEE MEMBERS 1979 Recreational Committee: Chairman - Cathy Bailey Doug Anderson Toni Case Larry Peterson Jon Lynott Frank Ahrens Long Range Planni.ng Committee: Chariman - Hal Larson Cathy Bailey Toni Case Pat Shay -Frank Ahrens Ed Hasek Lorraine Jackson Trails Committee: Chairman - Jon Lynott Doug Anderson Larry Peterson Lorraipe Jackson 77-132 3-15-77 RESOLUTION NO. 77 - 13Z RESOLUTION TO ADOPT THE AMENDED FLOW CHART L%il~LEMENTING THE Pi~OCESSING OF MAINTENANCE PE~LIiTS FOi{ CONSTRUCTION ON THE COI~£MONS %VHEt~EAS, representative from the Park Commission presented Flow Cr~art for~...Council approval, and WHEI{EAS, Council amended 16A and 16B of s~aid Flow Cha~t NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, I~OUND, MINNESOTA: That the amended Flow Chart,. implementing the processing of 1vL~in~tenance Permits for construction or~ the Commons be adopted.. Said amended changes refer to 16A !ties, 77-130 and 16B Res. 77-131. Adopted by Council khis 15th day of /vi. arch, 1977. & ~h~~ce P~t for stsc t~-::~ ~ on Public Parks ~ ~o~d. Fina~zed on 1!-18-76 P~R Approved by Council 3-15-77 A,~eoaed Res. 77-1~0 ~ 131 Adopted' by Res. 77-132 IRECEiV-~] All p~r-~its granted ~on-~r~sz~ra~L~, ~d th~ bulldog cod~. Legal c:I~$ D { co~age the us~ ~ Ye~ . Motion to change building code (0rd.332, Div 2, Chapter 26-Part F) Koverr. ing coo<s, boathouses, boat ramps and slips~ with regard to licens~ priorities section 26.9303 subdivision 6. In an effort to brin§ more equity between abutting and inland p ..... ~-- I move there be one more priority between second ~hm~ priority to read. and ~ '~ A ~icensee has a third prioritywhen appl.~ for the same location held %he i~.~dia%e precedin§ year by,he former resident of the -app!acan~ current residence, in the event the former resident-bas ~.oYed from the area and cancelled his licence and the new application is ~da ~%hin 30 days of cancellation. ~hare shall be no third priomity whet8 %here is a firs~ or second priority in e£fect. I believe that the net effect of the above mentioned change Qould be A. Encourage better dock construction due to the fact that dock ,could bs sold along with th~ home. B. Reduce the possibly that none area residence would retain dock location after moving from i, lound. C. Generally ~orove property values "and offer inland propa~y owr. ers the 'same rights now enjoyed now only by abutting .r'-°n~v- ~_ , o~,m~rs, who ~ill' still maintain the right to ipAand residents 6£ there dock location. Roger ~-.. ~ Zcndhus 160h EaEI~ lane. TO: FROM: DATE: Park ~gard Melts Emerald Channel City Permit Dock Holders December 14, 1978 City Attorney Pearson's letter of October 17 reveals several important facts and eliminates certain earlier assumptions: 1. Paragraph 3 of page 1. The "~;uh=-r'' plat shows that 70 or 80 feet of lake fx-ont on Edgewater (now Emerald) Drive was dedicated to public use. We think this is ~ extremely important fact .in this controversy and must influence the rulings and ac- tions which will eventually evolve from Park Board ~md City Council actions. Question:. ~ereexactl~ is the 70 ~ 80 shc~n? Pearson's letter doesn't say but reason.would, dictate that the footage must have been intended to be .in the center, area of the chap_~el. Paragraph 2 of page 2 and paragraph 1 of page 3. The side lots do not have precise channel boundaries but fluctuate with the ' rise and fall of the water level. .Question: This applies to the side shoreline, but can the ownership possibly extend into the 80 foot public area? ;%C~en' a lake dries up, the lake lots extend in a pie shape to a point at center of the dried lake. · n ~his particular case we speculate that the public, drybed wo~d extend pie shaped to a point in the channel, as would the side lots. -- ~ · 7d- ~'o' In. ~u'g event, Attorney Pearson's letter clearly establishes that a survey is only an illustration of the exact location of the shoreline on ~ given date. . Hu. wever, the survey submitted to the cou~ncil was erroneous in t;~at it included property under ~.;ater at the time of the survey. ';'he letter also Wispelts the earlier notion that the highwater m~.rk demar- cates the public property from private property. Paragraph 1 of page '3. u~,zn~o.~. Attorney Pearson, the city may have a di_cfical ti.~.,~ to e>'.ercise z~,3vers.e possesion. He does not ans:¢er th~ question 'of d.~,~diculty with '_.-espect to eminent domain, proceedings which we believe can be exer- ci~?J if necessa-~y. But is it really necessary? If the plat sho'~s 80 feet of public lakeshore, the city has issued permits on that 80 feet since 1962, ~nd the' public docks have been there for 30 plus ye~rs, then why not require the complaina=qt to prove that it i.s his property instea2 of sub.T~tting willingly to his request 'to remove docks? The Park Bo:~,rd and Co~uciI must also appreciate that there are now two storm lines entering the c:~.a.~.~el. T.~e storm line water is carrying in all of the sand from winter sanding operations which is building a delta. 'The area desperately needs some dredging. This couI~ also serve to end the dispute by assuring that the shore- line would remain on city street property. If an attitude prevails on the part of. city o.fficials to accept .surveys and rule that ~y exposed land shown on the survey becomms the property of the side owners, t~;:en, (because of the delta action and varying water' levels)the public area is in serious jeopardy and all that needs to be done is to'present surveys until all docking is eliminated. Ou~ attorney strongly advises against ~ving any .docks until the ~ublic area is clearly defined. To do so could weaken the strength of the city position in legal actions w,hich might arise; ~i~e Park Board has previously reco,Tm~nded to the Council that the docking area be r.',~intained as it is. We request that you 'r~-affirm .~our original action ii: necessary to zounter any proposals to the contrary and continue to issue permits as in 'the past. May we than.k you for the opportunity to be hear~. LAW OFFICES LEFLER, PEARSON: O'BRIEN' & DR'AWZ lJOO J'I~S'J' N~TIONA~ ~.r~, 8UILDING Jql N~ EAPOLI S, !'$ IN N EsOTA October 17~ 1978 Mr. Allan T. Quello Attorney at Law 401 E. Lake Street . 'Wayzata, 14innesota Re: 55391' Your client Robert Udell Dear Mr. Quello: Your letter of October 4, 1978 to the City Codicil of the City of Mound has been referred %o me. I am the City A',htorney for the City of ..V.o~nd. . It is .~,,y ~m~erstanding that-you represen~ Mr. Robert Ude].l who is the owner of I~t 1, Wilbur K. Palm Addition.. It is my further understanding that you and your client have had his lo~ surveyed' and .that i-k is .your contention that one or t'wo' docks which were constructed based on peri, ts issued by .the City of Mound in.fringe on your c!ien~'s property .... . I have gone to the courthouse and have checked the Flat o~ Shirley }',ills Unit B which was recorc~ed i~ August of 1924. Shirley Hills Unit B Block 8'is the land which was repla%tea as the Wilbur K. Palm Addition in 1949. In checking' these ~wo plats ~it soon becomes obvious that %he "mother'' plat O.f Shir!e~{ Hills Unit B shows ap_pro.ximately 70 or 80 leek o'f lakefront on Edqe- water Drive v?hich .~s dedicated to the~_publi~ The Wilbur K. Palm Addition plat w}iich was filed in 1949 was surveyed by . -Arleigh C. Smith and. apparently in locating the bounda~ of.Lot he swung a l~ne in a northerly d. ireckion along Ec~gewater Drive. Compa'rinq the two plats it appears that the subd].vision of Block Shir.tcv }Zi~"s ,::,L,. B ~n~.,.]des ~ore~i~na~'han was ~.nc~ original real''''- ~-- ~ ' ........... ,~_~.on or t}:~ origina~ : ~ I_xFEVERE, LEFLF_R. P£A~RSON,O'BRIEN 6~ DI~AWZ ~,Ir. All an T. 'Quello Page 2 "October 17, .1978 I have consulted %~ith ~4r. Dick Edbloom, t]~e Zxaminer of Titles and a ~..e~ber of the Hennepin County Surveyi.ng Department' and have gone over these plats in great ~.etail.. The platting of this l~d does lead to confusion because 'the two plats do. not seem to correlate.. We therefore assumed that what happened in. 1924 was that the lake came up .to Edgewater Drive and that part ¥;hich was Blo~ 8 was low and marshy. We ~herefore ass~a that what happened in 1949 is that the %rater may have receded to some extent and that is %~hy the surveyor apparently sw~g his line northerly to Edgewater Drive, taking in the land %~hich is now dispute be. hween your client and the petit holders of the 'City It is the opinion of the Exa~ner of Titles, ~e surveyor and myself that the lots located in the Wilbur K. 'Palm Addition as they. approach Emerald Lake have..a =water bestiary".. ~n other words, the lots on the l~e side do not have a definite bo~dar~ Ii. ne but expand or contract W~th the ~,,ater level of are a!!e~ed '~:o go directly from %he street to the ~at~r _~..~ v.<~:~ and t:~a~_ ye:Jr cll~_n~. Robert Udell t~oes not own the land ~amc~ :~ .; .If these assum.'ptlons are corr~_ct, then the dock permits which, arc in e>:ishence from the City of Mound wou.ld appear to b~ conslsten~ with the water boundary. : have a sketch %vhich Ks pre_~ared by some of the residents' in thg ./j/ ~ ~ neic~hloorhood ,.,hich would appear to indicate that the most southe~ [~'I~ fy: ~'' doc?( n~ay infringe on a tip of Mr. Ud~ll's property, but that the -~ four northerly docks are all above the %~ater line and therefore ~. ,~,~'i., are constructed on p~lic prop~erty. I shall be happy to-discuss .~, . f'h{s and go over the plats with 5ou and your ~lient, and ~e ' ~.~ h ,+~)vio~_:sly have a very unusual situa~i?n in thl~ area. . - ~ ink-I have answered %he first three to this pein% in m~3 let%er . to n~ber 4, I do not feel that the issuance of dock permits by the City is a "commercinl use". Docks are located in resi- de~tial sec[ions of the City in practically all areas ~here the la~<e touches residential, properties. In response to paragraph 5 , . I4r. Allen To Quello .Pace 3 ,~..October 17, L ,',V.' Or rlcr. s LcFEVERE, LEFLER. P. EARSON, O'BRIEN & DRAWZ 1978 Z agree ~,~ith the stahemen'h from ~.S.A. 'cate of Abrahamson vs. Sundman and %.~ould .agree that the City. : would have a diffJ, culh tim,~ to sho~¢ that it has acquired this ].and by adverse possession, 'but ~ really do not believe %hat is' the iss'ue in. this case. 'Z think the erroneous assumption on the part of your client is that he.~o~,zns__land that-"J_s level of.' :F,~eral'd Lak___e. .In s_~m~.e of ute fact ~hat Che surve¥o.,r ~aV hav(~_~ra~vn that on %he n~apz t]]e ecl:ual loca. tion of his bounder? ~¢ould be the lakeshore and .i~ t, he-. !_~;(~ ]]as expandedr a_~.b, uttin.c7 .,~Emeratd Drive. I will be happy %o visit'with you and go over the plats and other documents and materials which I have picked up at the .Co unhy offices. Very truly yours,/--~" ' Curtis A. 'Pearson. .. City Attorney City of Mound 50 8- 02 and I have read't~e 'cc: ~,~r. Leonard L. Kopp, City Manager October d, 1978 Cz-Ay "C':,',=~;cil of !,found :.,o~..~, krin:'..a s ora 55364 Gent!amen: Hr. Robert Udell who lives at 2624 ~?ilshire Blvd., Mound, Hinneso~a ]~as consulted wie_h me regarding rte..existence and m~int'ainance of boa% docks that are operated by the City on his property on Lot l, Wilbur K. Palm Addition. Said property is recorded on Torrens Certificate No. 533892 in the files of the Registrar of Titles, Hennepin County, P~innesota. " I have also looked at the property and the Ci-~y has small t~gs on docks that are attached to the ~riangular port. ion of Lot 1, ~long Emerald Drive. which belongs to Mr. Udell.. According to my examination of the original pl~t which is recorded ~n Boo.k 16 of Plats, page '14, and tile above mentioned Torrens Certificate, there is no mention made of a grant {o tile Ci%y or amlr individual of an easement, right or interest for boat docT~age on the premises. In addition t:nereto; there is a restriction in deed 'document No. 224150, -which run from Minnetonka Properties, Inc. to Wi!bu'r K. Pal.m, stating that the property shall not be used for commercial ~urposes, %~hic!% the city is clearly in the process of.doing without right or pa_~nission of ldr. Udell and in disr. egard of the restriction in the deed. /- !~ ~.ddi%ion %0 t~e above, I call ~our attention to M.S.A. 508.02 · ~..'i':ich stat. es in par% "...no title to registered, land in derogation D cf %]%~% of the registered owner shall be acquired by prescription or by adverse possession." I also .call your attention %o the fact t]nat ii, ere. is case law on the ma%te~,' see Abrah~mson v. Sun~m~n~ 218 k~,~ 246. You will find enclosed herein a copy of a plat of survey prepared by Gordon Coffin as of August 23, 1978. Please re'mowa the docks ins%ailed and maintained bY the city which are situa'ted on Lot 1 owned by [4r. and I,[rs. Udel!. A'TQ :'p I m Re sI} e.ct fu 1 !y, ~_~. . ' Allan T. Quelio 1-23-79 CITY OF MOUND Mound, Minnesota January 11, 1979 COUNCIL ~MORANDUM NO. 79-21 SUBJECT: Televising Sewer Attached is a copy of a letter from the Engineer recommending the televising of the sewers prior to street construction. Last year this was done and funds were loaned to sewer for the pay- ment. After getting this year's cost, some method must be determined on how to finance the cost. It is recommended that the Engineer proceed with the getting of quota- tions for this work. .... ~eo~a~d L. Kopp cc: McCombs-Knutson Associates k cCOMBS-KNUTSON ASSOCIATES, INC. Reply To: 12805 Olson Memorial Highway Minneapolis, Minnesota 55441 (612) 559-3700 January 9, 1979 Mr. Leonard Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Subject' City of Mound Televising Sewer Dear ~r. Kopp- Last year we televised the sewers prior to the 1978 Street construction. Fourty two broken or cracked pipe were found and repaired under a seperate contract.~ The approximate cost of that work was $48,000 of which $7,100 was for the T.V. work. If the Council wishes to televise the sewers prior to the 1979 work the Television work shoUld be done as soon as possible. The late winter is a slack season for this kind of work and prices would be good. We estimate the cost of televising all the sewers on the 1979 project at $9,700, providing that the Cit5 clean the sewers prior to the televising as they did las! year. We believe last years program proved that the television program is worthwhile, both in preventing future maintenance problems and in reducing infiltration into the lines and we would recommend it be continued into the 1979 program if budgetory considerations allow. If you have any questions, or need additional information on this, please advise. Very truly your.'s, klcCO~IBS- KNUTSON ASSOCIATES, L3,1e Swanson, P.E INC. LS ' sh Minneapolis - Hutchinson - Alexand,-ia - Granite 1-23-79 CITY OF MOUND Mound, Minnesota January 12, 1979 COUNCIL I~EMORANDUM NO. 79-23 SUBJECT: Request for Sewer and Street Extensions Attached is a copy of a letter requesting street and sewer exten- sions on Inverness Lane. The attached map is from the 1979 Street Construction map. The red lines indicate the present extent of sewers in t. he area. The Engineer has, in the past, looked at the feasibility of adding sewer to this area. The lots North of 4 and 5, Block 10, Pembroke, are owned by someone other than the person requesting the extension. Should the Council wish to order the extension as requested, it is suggest~'~ ~that they consider completing the sewers and streets, in this area. Also attached is a copy of a previous letter from the Engineer about this area. If the Council wishes to do this, a preliminary report should be ordered.' ~-~-~ Legnard L. Kopp '~ cc: Hank Lyle Smith © A 1'720 NEW BRIGH~ BLVD. MIN'*E^~'~'~'~_~-~ruki,.,,'~- MINNE! 55413 PHONE(612) TSi-956i MAILING ADDRESS' P.O. BOX 1422, MINNEAPOLIS, MINNESOT,,\ 55440 INDUSTRIAL RUBBER PRODUCTS I POWER TRANSMISSION EQUIPMENT I ENGINEERED CO~IYE¥1NG SYSTEI~IS I INDLIS~RIALL~F~ ~RUC~S January 11, 1979 Mr. Leonard Kopp, City Hgr, Mound Village Hall 5341 Mayv~od Rd. Mound, MN 55364 Dear Sir: I own lots 4 & 5 - Block lO Pembrook addition on Inverness and would llke to build on those lots. In view'of the proposed street improvement I would llke to request that the sewer be extended past my property and the street paved up tO or beyond my lot line. I had intended to build last year, you will recall, but the city engineer would not allow me to run a 100 ft. sewer service to the existing manhole in the street. Very truly yours, H.S. Smi th '5655 Bart!~tt , Blvd. :~cun.-i, ~-!tt 55364: TWiN (;ITiES !...i OMA'H-' HIBBh';G ST. CLOUD ~ SIOUX DES MO i'dES L/~.NE ' >,.' ( ¢~_, ~;,~1;~ ~; ~ ~.,,~~'~~ "*i:?;i"~?" '. ':*~.:; ~; J CONSULTII~6 ENGIf~E£RS ~" LA'lO SURVEYORS SITE PLA~I~ERS F~eply To: 12805 Olson Memorial Highway Minneapolis, Minnesota 55441 (612) 559-3700 June 9, 1978 Mr. Leonard Kopp, City Manager City of Mound 5341 Maywood Road Mound, Minnesota Subject' City of Mound Sewer Extension - Iverness Road Dear Mr. Kopp: As requested, we have done a brief windshield survey to determine the estimated cost and best method of serving the lots along the west side of Inverness north of Hampton. It is our opinion that the most feasible method of serving these lots is ~o extend the sewer from Hampton Lane north on Inverness to Cumberland Lane as shown on the attached drawing. The cross-hatched lots have not previously been assessed for sewer and could be ~,~sessed if this were done as a city project. If the project goes ahead we would recommend that a gravel street be constructed with the sewer, and that the street be upgraded to City standards with a later street improvement program. This ~.'ould allow any sewer trench settlements to occur before the blacktop and curb were installed. A very ip~'e]im~nary estimate of cost of the work previously described ~s $9600. Depending upon his plans for the property the owner of the lots fro~ting on bo~h Tuxedo Road and Inverness may wish to serve th,a property wLth sewe~ from Inverness. In this event he should be assessed for the cost of the services only, as the property has aI~een assessed for sewer on Tuxedo Road. Granite Fails Mr. Leonard Kopp June 9, 1978 Page Two A rough estimate of the assessments for the work if' the project went ahead as previously described is $17.00/per foot for the sewer and $6.25/per foot for the gravel street. If you have any~questions on this, please call. LS'ts Very truly yours,, McCOMBS-KNUTSON ASSOCIATES, INC. anson, P.E. (.;) 0 -~ '1:7:.' STRATFORD PRIVATE S¥ P, EET 1-23-/9 CITY OF MOUND Mound, Minnesota January 8, 1979 COUNCIL MEMORANDUM NO. 79-19 SUBJECT: Watermain Replacement - Belmont Lane At the January 9th Council meeting, the Council. discussed getting a report on replacement of several older watermains. However, the watermain on Belmont between Lynwood and Church is in such shape the Public Works Director is recommending its immediate replacement. A copy of his report is attached. The requast is also for the replacement of the existing gate valve and the addition of another. ON LAKt~ ~INNETONKA INDIAN BURIAL I~OUNDli 5341 MA~WOOD ROAD TELEPHONE MOUND, MINNESOTA 55364 (612) 472q155 January ~, 1979 TO: F~, ,~,1. SU~JEC'[': Leonard Kopp Public Works Director Watermain Replacement It has come to our attention that a hSd'portion of the watermain on Belmont Lane between Lynwood Blvd. and Church Road has begun to deteriorate. We had a main break next to Riley's Bus'; Garage in September and found a hole eaten t?~ou~h th~ main itself. Mike Kr~use hit the main with a trowel while cleaning it off ~nd another hole popped throu§ht it. It was temporarily patched for the night and redu§ the next day. At this time we cut out a ~' PieC~ of main and reulaced it with new pipe. While doing this we could take a small hammer an~ uDon hitting the old main holes would pop right through it. On November ~3~ 1978 there was another main break about 3' South of the new piece of pipe we installed earlier. Greg Skinner said this break was like the last one with a hole instead of a crack in the main. At this time I feel it is imperative that we have the Engineer draw up specifi- cations for the replacement of this portion of watermain during the 1979 cons- truction s~ason. Also at the time of construction I would like to add a gate valve and replace an old one on this main that has 9ivan us problems in the last year. Res/p~]tful!y, /./"/ =.,; / Robert Stanley Public Works 1-23-79 CITY OF MOUND Mound, Minnesota January 11, 1979 COUNCIL MEMORANDUM NO. 79-22 SUBJECT: Bike Hike Paths Council Memorandum 79-9 discussing what bike hike paths to build next was tabled until the discussion was held with the County on County Road No. 110. The construction of ~ 110 in 1980 was discussed in Information Memorandum 79-10. Attached is a copy of Council Memorandum 79-9. It is requested the Council indicate which bike hike paths they wish constructed during 1979. 1-9-79 CITY OF MOUND Mound, Minnesota January 4, 1979 COUNCIL ~MORANDUM NO. 79-9 SUBJECT: Bike Hike Paths Information Memorand~lm 78-137 (Copy attached) shows the status of Bike Hike Paths. Plans for 1979 construction should be drawn now. A determination of which paths to build should be made. Recommendations are: Priority 4 - Complete Wilshire Boulevard Clare to Tyrone Montgomery to T~xedo $6,375. Priority 5 Bartlett - Commerce to Bridge Bridge to Wilshire 15,000. Note: Two feet on either side of Lost Lake Bridge will be constructed with Bridge. Priority 4 Witshire - Tuxedo to Bridge (If money is left and-if Bridge. gets under construction) Estimated cost of blacktopped bike hike paths is $7.00 a foot. LeOnard L. Kopp ~ ~ CITY 0F MOUND Mou~nd, Minnesota December 18, 1978 78-137 TO: The Honorable Mayor and City Council FROM: The C_uy Manager SUBJECT: Bike Hike Paths There is considerable HUD money left for Bike Hike Paths and it is recomm,..ended that it be spent, if possible, in 1979. Under construction at the present is Tuxedo Boulevard Bikeway from Wilshire to Clyde Road. The cost of this is $12,183.30 of which $10~000 will be paid from Revenue Sharing; the balance can come from HUD Funds. ~ HUD'funds available are~ What Bikeways are %~'e to do? Year I Year. III Total Less Tuxedo cost Balance available $ 198.09 40,396.00 $ 41,594.09 2,183.30 . - $ 39,410.79 County Road 125 is now.complete except for two.stretches. eshiraated at: Clare to Tyrone Lane End of 1978 Cry. construction East to Tuxedo Boulevard Total Prio~itie~ left ~ndone are: Cost on these is $1,650. · 4r72~. $6,375. CoT~erce Boulevard - $urfside to North City Limits - County to Construct ~ 1!0 in~,.~°~ We now have walks from Surfside to Grandview Boulevard. ~.o__l~ne Boulevard. Completed - -h ~= ' Completed - Bartlett Boulevard - Commerce Boulevard to County Road 44 - County paved shoulders in 1978. ~o~var~ - Shoreline to Black Lake Bridge - Completed Shoreline to Tyrone ~nd from Clare to about kontgom~ry. A portion should be bui!~ %vh~n Black Lske Bridge is rebuilt. : Three Points Boulevard B~z~let~ from Com_~erce to Shoreline. A portion will be built with the · ~ ~o~ the bridge shou].~i~ be Possibly the path from Co~me.rce to Lakewood excep~ = ~ built · Completed 1978 -- County Rond 44 to West City limits - County added zbo~ to the road. County Road ,%~ from }{~rtlett to Sout'h City Limits. B:'-~- ,~a: ~:e c~f ~'.[~.:.:,~<~o, ' - !:righhon to South CiLy Lit:tits. 1-23-79 CITY OF MOUND Mound, Minnesota January 12, 1979 COUNCIL 51EMORANDUM NO. 79-24 SUBJECT: Registered Land Survey In 1977 Resolution 77-350, the Council authorized the division of Part of Lot 26, Auditor's Subdivision 170, as shown on the copy of the attached survey. The land was divided and a house was built on Parcel A. The owner now desires his division to be in the form of a Registered Land Survey. Acceptance by the City of the R.L.S. is ~equired. A ~eso!ution approving accepting the Registered Land Survey is requested. 540 9 .BAR OF. PROPERTY OF describsd as follows~__ JOHN KROST ,.SEE PA O E .t 0 0 I PARCEL -" '---i 1 7.8 5' -- -"' PARCEL [ '~'~::'." ,' ..... t .... -, ~ ' "; [ ' ~d.... :',"', ' ' f ':'*' .::~ .,['~t~,t.n *~: .. HEN~, ,.Y ,l that 1-23-79 CITY OF MOUND Mound, Minnesota January 16, 1979 COUNCIL MEMORANDUM NO. 79-29 SUBJECT: Tax Forfeit Land - Lot 17, Block 7, Shadywood Point The owner of Lot 13, Block 2, Shadywood Point has requested the City to release for sale Lot 17, Block 7, Shadywood Point in order to build a garage on Lot 17 (see copy of letter attached). Since the 9arage would be separate from the original lot, the proposal for the garage would have to go through~the Planning Commission for approval. Does the Council wish to release the lot to acco~,]odate the request? cc: T. Philtippi pA'TH ROAD ! ! 1-23-79 CITY OF MOUND Mound, Minnesota January 16, 1979 COUNCIL MEMORANDUM NO. 79-28 SUBJECT: Bingo Permit The Amercian Legion has requested a Bingo Permit for: February 24, ~979 April 7, 1979 November 3, 1979 They request waiving the license fee and bond. A resolution authorizing the issuance of the permit is recommended. 1-23-79 CITY OF MOUND Mound, Minnesota January 16, 1979 COUNCIL ~MORANDUM NO. 79-27 SUBJECT: . Food Stamps The County is now authorizing the issuance of food stamps from some City'Hal!s. Mound is one of those selected. Before issuing food stamps, we must enter into an agreement with the County. A copy of the proposed agreement is attached. The Council's attention is directed to Section 2 on Page 2 and Paragraph C on .Page 3. It is reccmmended that the Council authorized the Mayor and Manager to enter into the contract. LeOnard L. Kopp ~/ CONTRACT FOR FOOD STAMP PROGRAM Contract between the Hennepin County Welfare Department and the City of Mound, 5341Maywood Road, Mound, MN 55364 hereinafter referred to as the "coupon issuer" regarding the issuance of food stamp coupons to eligible residents of Hennepin County. A. The Hennepin County Welfare Department agrees to: 1. Approve the distribution of United States Department of Agriculture Food Stamp Coupons to the coupon issuer upon appropriate request. Provide the coupon issuer with technical assistance and detailed Ninnesota Department of Public Welfare instructions pertinent-to the handling, recording, and issuance of food stamp coupons. COmpensate monthly the coupon issuer at the rate of 75~ per food stamp coupon issuance in full satisfaction for all services rendered within the terms of this contract. Each transacted Authorization To Participate (ATP) card will be evidence of an issuance. Designate by Authorization To Participate cards (a) the exact value of food stamp coupon books to be issued, (b) the number of food stamp couoon books of various denominations to be issued, and (c) the individual or alternate eligible to obtain food stamp coupons. Supply to the coupon issuer information and technical assistanc~ necessary to complete Minnesota Department of Public ~lelfare and United States Department of Agriculture, Food and Nutrition forms: · DPW-1607, _Invent~ory Record .DP'~.1-239, Cashier's DeiFy Report · FttS-~_ 50, Fo.o d. S'tamp Accountabi 1 i ty_ P,e~.o r.t · F;tS-1 35, Certi fi cate. of..Exchange_ of Couoon Books Other applicable forms B. The coupon issuer agrees to: · DP~,~-1608, Mail Issuance Loq · FNS-43, Reoort Of Im~ro.~rl,~. ;qanu~ lectured, Mutilated or Snort~/ Overa~e of Food Coupon Books · FNS'J~O0, A~vice of Transfer Issue food stamp coupons to persons designated or reasonably believed to be the persons designated, and in the exact amount specified on the Authorization to Participate cards. Food stamp coupons will be issued between the hour~ of 8:00 a.m. and~:3O p.m., Monday through Friday excluding legal holidays, at 5341Maywood Road, ~!ound, MN 5535¢. 2 2. Safeguard all food stamp coupons in its custody and to indemnify the Hennepin County ~elfare Department for the value of any food stamp coupons which cannot be accounted for. It is further a§reecl the coupon issuer will be liable for any food coupon losses proven, to the satis- faction of an independent investigator mutually agreed upon by the ~ parties, to be lost through coupon issuer employee dishonesty or through robbery or burglary, or to be destroyed by fire or similar disaster. Maintain a perpetual inventory of food stamp coupons utilizing DPW-1607, Inventor~! Record, and any other information in the manner and form pre- s'c'ribec)' by the H~nnepin County ~elfare Department. Permit authorized representatives of the United States Department of Agriculture, Comptroller General of the U.S., the Minnesota Department of Public Welfare, and the Hennepin County Welfare Department at any and all reasonable times to have access to the location of unsold food stamp coupons on the premises of the coupon issuer. Permit access to any books, documents, papers and records which are directly pertinent to the Food Stamp Program for the purposes of making audits, examination or excerpts and to ascertain that records and procedures a.re being followed as Qutlined under provisions of Section A, item 2. Cause to be imprinted on each Authorization to Participate card at th~ time of issuance the date of issuance and identification of the co~Jpon issuer. These Authorization to Participate cards are to be kept segre- gated by d~tes o'F food stamp coupon issuance and to be batched and re- turned to the Hennepin County Welfare Department on the day of the month designated by the Hennepin County Welfare Department. Be Carry out its responsibilities in connection with the issuance of food stamp coupons in compliance with the requirements imposed by or pursuant to Part 15 of Title 7, CFR of the Regulations of the United States Department of Agriculture to the end that no person in Hennepin County shall, on .the grounds of race, color or national origin, be subject to discrimination in the issuance of such coupons. This assurance is given in consideration of and for the purpose of obtaining Federal Financial Assistance under the Food Stamp Program for eligible house- holds in Hennepin County. This assurance shall obligate the coupon issuer for the period during ~hich it agrees to issue food stamp coupons.- The food issuer recognizes and agrees that Federal Fina~'~ial Assistance under the Food Stamp Program will be extended in reli~:e on the representations and agreements mad~ in this assurance and ~,at either the ~linnesota Department of Public ~,lelfare or the United St',.tes Department of Agriculture, or both, shall have.the right to seek judicial enforcement of this assurance. Make Food Stamp Program records available for review or audit' by the United States Department of Agriculture for a period of three (3) !,~ears following the month of origin, This period of retention will be e]~tended iF instructions are received from the Hennepin County $1elfare DeF~a, rtment relative to unclosed federal audits or unresolved fiscal billings. 3 Institute procedures covering the issuance and the reporting of issuance of food stamp coupons in accordance with the instructions referred to in Section A, items 2 and 5. Specifically, the coupon issuer will complete, on the prescribed basis, the following reports and forms: oDP~I-1607, Inventory Record · DPW-239, Cashier's Daily-R~port · FNS-250, Food Stamp Accountabilit~ · F~S-135, Certificate of E.~,chanqe of Coupon Books Other applicable forms oDPW-1608, ~qail Issuance LoG · FHS-43, Re~ort of In~,~~v Manu- factured, ~.utilated or Sho~ Overaoe of Food Coupon Books · FAI$-300, Advice of Transfer DPW-239, FI-IS~2$O, FNS-43 and FNS-135 will be validated and signed by a -second person. A second-person review of the ending inventory of coupons will be conducted and documented, each month on the Inventgr.y' Record. C. It is agreed and understood by the parties to this Contract that the coupon issuer will not be liable for the issuance of food stamp coupons to authorized persons presenting at the time of issuance an otherwise valid Authorization To / Participate card and ID card provided that the coupon issuer had taken all ~ normal precautions and fol}owed established issuance procedures. The coupon issuer ~i!! be liable for transacted out-of-project and expired ATP cards and ~vill be liable for overissuances and unresolved coupon inventory shortages. D, The coupon issuer may terminate this contract upon 90 days' notice in w~ting to .the Hennepin County t,~elfare Department. In the e'~ent the coupon .issuer fails to comply wi'th the terms of this contract, the Hennepin County'l~elfare Department reserves the right to cancel this contract giving 26 hours' notice to the coupon issuer. It is further agreed that the parties hereto may, by mutual conSent, amend the contract without 'termination"'in order: (1) to conform to any'changes in federal or- laws affecting th_= Food 'Stamp Program, (2) to provide for changes in · circumstances affecting the administration of the Food Stamp Program, or (3) to provide for changes i'n Circumstances affecting t-he coupon issuer's operation in the program. Any costs which are not known at the termination'date, but' accrued during the terms of the Contract, sh~!i be paid by the parties hereto pursuant to the terms of' the Contract. Within 30 days after termination of this Contract, the coupon issuer shall make a true, full and accuraCe accounting of its activities and return all food stamp coupons in its possession to the Hennepin County Welfare Department. For the Hennepin County l,lelfare Department Signed , Title__ Date For the City of ~ound Signed , Title Da te 1-23-79 CITY OF MOUND Mound, Minnesota January 16, 1979 COUNCIL ~!O~ANDUM NO. 79-30 SUBJECT: Consulting Services In a previous memorandum, the council was made the-suggestion that we have someone from the outside look at the Police Department organization and management. in discussion with a member of the Hennepin County's Criminal Justice De- partment, suggestions were made on who could be sought to do the work. One of those suggested was Roger D. Helser of Beloit, Wisconsin and, al~ though not recommended, it was assumed during the conversation that Helse~ did good work. In fact, he is currently doing a study of Butler, Wisconsin, a Milwaukee Suburb. Mr. Helser will do the study of the Mound Department for $3,000. A copy of what the study would entail and a copy of Mr. Helser's resume is attached. If the Council is agreeable to entering into this agreement, a resolution authorizing the Mayor and Manager to enter into the agreement is required. T;eo~.'ard L. Kopp ~..' / Law Enforcement & Security Management Services 11310ewey Avenue Betoit, Wisconsin 53511 Phone 1-608-364-42~2 Mr. Leonard L. Kopp City Manager City of Mound Mound, Minnesota 55364 Dear Mr. Kopp: The enclosed proposal outlines briefly the Management Study plan recommenOad for the Mound Police Department. As stated in Ou? telephone conversation of January 10, 1979, the total cost of this study uou!d not exceed ~3000. Should you desire to start this study as soon as possible, a starting date can be agreed upon. Thanking your for the opportunity to submit this proposal, I shall be waiting to hear from you in regards to this matter. Sincerely, (.. Roger D. ~lser MANAGEMENT STUOY GUIOE ATTACHMENT A G~n@ral areas to be evaluated: Organization & Policies Adm?~£strative & ?~anagement Procsdur~s Plan~:Sng Research Dicect!on Supervision Internal Control Intecnal Communications Fiscal Affairs Press & Media Relations Community Relations Allocation & Distribution of Manpower Selection ?rocedu~es Promotional Procsdures Salary Schedule Working Conditions & Benefits Disciplinary Procedures Training Field Operations Patrol Tactical Investigation Traffic Vice Enforcement ~arcotics Enforcement Communications Records Management Other Service Functions Custodial Facilities & Procedures P~operty & Equipment Control Laboratory Functions Building Space Uti!i~ation Relationships With Othe~ Agenci~.=~ Sheriff's Dspartment Criminal Justice Local~ State & Federal Agencies Courts The management study will be guided by, but not limited to the above check list. Roger O. Halser, Consultant Law'Enforcement & Security Management Services 1131Dewmy Avenu~ Beloit~ ~isconsin 53511 Phon~ ~i~ ~", ' o~ POLICE MANAGEMENT STUOY MOUN~ MINNESOTA POLICE DEPARTMENT 1 - Develop and administer informational questionnaire to gathg~ fac~,s regarding personal attitudes and opinions of departmental relative to the management and operation of the police department. 2 - Preliminary inspection of the police facility, interviews with key city officials in reference the delivery of police service. (City Manager, Mayor~ City Council~ Police Chief~ City Attorney, etc.) 3 - Gather information for analysis: a. Police Budget b. Rules & Regulations c. Policy & Procedures d. Personnel List e. Manpower Allocation f. Ail Oapartmental Fo~ms g. Departmental Statistics h. Contractual Agreements 1. Union Contract 2. Mutual Aid Contracts 3. Service Contracts 4. Other Agreements i. Affirmative Action Program j. Other Information of Va.~ue 4 - Analyzm all material obtained through preliminary inspection and draft questions for luther study. 5 - !ntarview departmental personnel during normal working hours and obsepv'e working conditions, duties, equipment, personnel performance aha existing hazards of law enforcement service. 6 - Com?!et~ management study of the police department utilizing the chsck!ist attached as a guide. (Attachment A) Write summary report pointing out the strengths and weaknesses of th~ department and recommendations for departmental improvement. 8 - Presentation of. report. PROOECT COSTS: Estimated Hours - 124 Hours ~ ~16.00 per hour 1934.00 Travel and Subsistence ~i!eage - 2000 Miles ~ .16¢ per mile Subsistence - 15 Days ® ~35.00 per day 320.00 525.00 845,00 Clerical Support Misc. Expense - copies, telephone, etc. Total Estimated Cost 'i~i.z~snpuI $o slsKI~u,~ sp~au K~;anoas apr~oxd gZ6I i~uol~u-~4uI Ilsrx~ooH pu~ Kuwdmoo Z~tlqO~ '~t '£ ~uI~-z~s m.zt~ K$I~no~ ~ o~ ~u~%Insuoo I~UOS~,t 896I X~unoD ~96~-0961 ~96~-~96~ 0961-596t 696~-@96~ ~Z6~-696I gg61-096I - uIsuoosI~ '~Io[~t - ~uo~u~x~d~I eoi[o~i 4'~o1~0~t oq% '~oP~ov I~ oq~ q~no~q~ po~Inbo~ uooq s~q fulu~$ 'uIsuoo~Ia 'uosl p~N u~suoosI~ jo .{~ts-r~ul2 u$suoosiR 'uo~I~X I96t o~atloD uo%IIN - soImouoos-uoI~w~sIutmoV sseuIsn~ - V~ 'uot$~$S eo~emmOD IgigI ''ouI a~n$¥~sUI ~4IAI~onoo~d ollqnJ '~mo~oju~ ~ .s~ pu~ ~J~JH' 'G'~J~OH s~ sseuIsnq ~u~4onpuoo The following program,s were developed within the ~eloit Police Department under Mr. Helser's authorship or direction: III I Personnel Established an Affirmative Action Program and implemented an Employment Schedule with approval and in compliance with LEAA Wisconsin SPA. New Job Classification for all civilian and sworn personnel. Developed and implemented new Rules and Regulations - 1975. Established and implemented a new Evaluation System. Conversion to Female Police Dispatchers with Recruit Training emphasis replacing Police Patrolman. II Training Development of a 240 Hour Recruit Training Program. Police Supervisory Training - Sergeant thru Inspectors. Inservice Police Training - 2 Hour Week/52 Week Year. Grantsmmnship Under ~ --~ aes.on V LEAA the department developed a High Visibility Patrol Emphasis Program. Five of£icers and the purchase of 2 patrol cars and expenses were provided for 18 months. Crime in the city dropped 8% in 12 months. Management Training Grant through Highway Safety was written to provide 39 officers of the department with training at Northwestern Traffic Institute for a minimum of 3 weeks and a maximum of 9 weeks. Attendance was based on an educational profile established for each ranking position, at a cost of $37,000.00 for the cost incurred, excluding salary. Developed a SWATT Team. Equipment provided through LEAA. Training provided by 'the FBI Academy. Through Federal Funding under Highway Safety obtained a video tape system with two portable cameras and one fixed camera with matching recording equipment. Used for testing drunken drivers and training. Obtained a Federal Grant for a Night Vision Scope with rifle sights and adapters for video tape systems and the Cannon Cameras. Received Federal run, ding from Highway Safety Act to send 2 'S{~rgeants and I Patrolman to South Central Missouri - State Traffic Management Institute for 12 we.=~s. Obtained Federal funds to send 2 Inspectors of the department to the FBI Academy. IV Innovative Designed and implemented a C~.osed Circuit TV System for the Police Department to p~ovide security and safety for police personnel. Eight fixed cameras located in the jail (2 floors), booking room, police pistol range and entry hallways, attached to a sequencial switching unit connected to a monitor assured constant supervision throughout facility 24 hour/7 day week. Established an Education Incentive Program for all Police Personnel. t9b0 - 1 person with a college degree, 1976 - 13 degreed people and 22 associate degreed people. Police Cadet Program - 20 Hour Week plus COllege Education. Police Aides - 6 non-sworn male and female officers assigned to non-hazardous police calls. V Compu~e~ Designed and implemented a Computer Based Management Information System for Deployment and Distribution of Police Personnel by Time o£ Day, Day of Week, and Area where crimes were projected to occ'~. Random Access Terminal with a shared time computer syszem was utilized a~ an annual cost of $8000.00 per year. VI Co~:m'muicazions Designed and implemenzed a Ultra High Frequency Radio System uvilizing a total portable walkie talkie unit approach and interphasing thru a voting repeater system to cover all units of the depar~aent. Also the 8 Frequency System provides for a cross patch bevween VHF and UHF System, and is projected for a 30 year expansion of- city and county law en£orcemen~ aoencl~S. ,suoi~eoi~tlenb ~ut~$e~p 'ss~oo~ uot~o~'Ias 6/.61; Jo ~pn~s g~apnt u~ ~uI~aldmoo ulsuoosl~ '~aI~n~ $o X~I0 ag~ ~o$ ~ue~insuoo uot~oal~9 ~osIA~a~uW ~o;ioR 'uoI~osIaS sIq~ o$ 8ou~$a~ uI uoI~stuIzp8 ,~uisiAp~ pu~ '$a~qO ~o%Io~ ~au ~ $o uol~o~t~s 8&6I ' '~osauuIM pu~ ulsuoosIM uI s~a golqx suoIj~MISsamuI IeUlmI~0 jo · ~$osauuIM '~unoo ~oM~ u¥ sja/go eoIIO~ .!~.~noax~ uo os~noo s,i~ jo ~o~uosa~d pus se ssou;'snq fu~op '.4ue~insuoo ~u~mo~eu~m ~/~noos pu~ ~uo~ao~osuo ~eI e ~ sseu/snq ~uI~onpuoo - ~oSlOH '~ ~o~oH Hr. Helser's C.ommittee assignmen'~s: - Governor's Committee on Highway Safety Records. - Governor's Committee of Jail and l~rison Camp Standards. - Member Governing Board of Wisconsin Emergency Radio Network. - Member of Crime Information Bureau Time System Committee.' - Member State Standards Committee on Curiculum Review. - State President - Wisconsin Conference on Police Community Relations. - Regional Planner - Wisconsin Council on Criminal Justice. - Chairman - Communications and Teletype Committee - Wisconsin Chief's of Police Association. - Standards Board Committee - Uniform Handbook fOr Law Enforcement Officers. - Blackhawk ~echnical Institute Law Enforcement Training Advisory Board. - Wisconsin Bar Association - Police Interaction Committee. ~) Wisconsin Bureau Licensing Committee - Revision Standards and Regulations for Security and Investigative Licensing. 1-23-79 CITY OF' MOUND Mound Minnesota January 9. 1979 COUNCIL MEMORANDUM NO. 79-20 SUBJECT~ Councilmen's Expenses Attached is a copy of a letter from the Attorney with a proposed resolution should the Council wish to adopt it. Over the ~ =, very few expense accounts have been turned in by Councilmen. It is felt that adoption of the subject resolution would be worthwhile. CLAYTON L. L£FEV~RE HERBERT F~. LEFLER CURTIS A. PEARSON J. DENNI.% O'BRtEN JOHN E- B~AWZ DAVID J. KENNEDY JOhN B. DEAN CHARLES L. L£FEV-2~E HERBERT P. LEFLE~ JAMES P, LAW OFFICES LEFEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ I100 FIRST NATIONAL BANI~ BUILDING MINNEAPOLIS, MINNESOTA 55402 January 5, 19 79 TELEPHONE (61~) 333-0543 Mr. Len Kopp, City Manager City of .~1ound 5341 Maywood Road. Mound, Minnesota 55364 Dear Len: I am not sure whether the Mayor and City Councilmen have been deducting any expenses from their income tax returns for expenses incurred in their roles as elected officials. I am enclosing herewith a suggested resolution for the Council's consideration which makes an official finding that the Mayor and Councilmen do incur such expenses and they are not reimbursed by the City. If any of the councilmen are audited on their tax returns, iT _m..i.c.:ht be advisable to have this type of resolution on file for the benefit of the IRS. City Attorney CAP:ih Enclosure P;S. I suggest that this resolution be presented and approved each year. C.A.P. RES OLUTIO~ NO. RESOLUTION RELATING TO BUSINESS EXPEI'~SES OF THE MAYOR AND CITY COb]~CIL WHEREAS, members of the City Council are paid a salary each month in accordance with the City Code; and WHEREAS, it has been and it is the policy of this Council that other business expenses are not reimbursed unless the activity is spec~_m~azly directed and approved by the Council as a body~ and WHEREAS, the City of Mound is a growing suburban community and has numerous problems and agenda items in all parts of the cor~.munity which require Council. members to travel with their personal cars and t( use their personal finances to pay these bushiness expenses; and WHEREAS, the Mayor and. men,hers of the City Council are frequently required to meet with persons interested in locating industry, persons who have problems which relate to the City which require attention from the members of the Council, and. all of these expenses have been paid for by the Mayor and individual members of the Council; and WHEPaEAS, it is deemed, necessary to act as a corporate body to clarify the actions of the members of the Council as it relat-~i~s to this type of expense because there are out-of-pocket expenses ~>f ~!a]~-or arid Councilmen which are legal business deductions, since they are not rein~t~ursed by the City; and ~.~p~:nc. t}~e City Attorney, the City Auditors, and the In~na] Revenue ~par~m~nt have recommended, that the Council adopt a re$o!utio indicating that these expenditures are not reimbursed by the City; NOW, THEREFORE, BE IT RESOLVED.by the City Council of the City of Mound: Expenses incurred by the Mayor and me~ers of the City Council. will not be reimbursed unless the activity or action of the Mayor or Councilman is authorized and directed by the Council. The Mayor and members of the City Co%uncil are expectc~d, as part of their duties, to travel throughout the community to meet with residents, developers, or persons interested in locating in the community; to meet with members of the staff or officials of other communities or agencies to promote the general welfare of the City of Mound; and that these are unreimbursed expenses which the Mayor and Councilmen pay out of theist own pocket. 1-23-79 CITY OF MOUND Mound, Minnesota January 17, 1979 COUNCIL ME~!©RANDUM NO. 79-33 SUBJECT: 1978 Audit The Auditors are in the process of making the 1978 Audit. Since making their bid last summer, the State Auditor has prescribed reports be made that were not considered at the time the cost estimate was made.. Attached is a copy of a letter from the Auditor explaining the situation and advising that the fee will increase from $200 to $400. Since they have already given a price, I think the City could refuse to pay the extra. However, out of fairness, it seems that the increase could be honored. If the Council wishes to honor the increase, a resolution is requested. Leonard L. Kopp GEORGE M. HANSEN COMPANY Certi~iecl Public Accou~ta~ts SOUTH PLAZA BUILDING WAYZATA E:IOULEVARD AT HIGHWAY MINNEAPOLIS, b~ INNESO~A 554 $ 6 546-2566 January 16, 1978 The City Council City of Mound 5341 Maywood Road Mound, Minnesota 55364 Dear Councilmembers: Our cost estimate for the 1978 audit of the City of Mound was for ~n amount not to exceed $4,800. This estimate was submitted to you during the fall of 1978. At the time the estimate was prepared, we did not fully anticipate the changes in financial reporting that the State Auditor prescribed in December 1978. The State now requires several additional financial statements, that were not previously required, to be included in the 1978 financial report. We feel, as a result of the State Auditor's request for the additional information, that it is necessary for us to increase our fee by $200 to $400. We intend to work closely with your staff to keep this additional charge to a minimum. JGM: ap Very truly yours, J. Gregory Murphy 1-23-79 CITY OF MOUND Mound, Minnesota January 18, 1979 COUNCIL MEMORANDUM NO. 79-34 SUBJECT: Delinquent Utility Bills Attached is a list of past due water and sewer accounts. These accounts are over six months past due and should be turned off for non-payment. In order to turn off the water, the Council should hold a public hearing. A suggested date for the public hearing would be February 6, 1979. ~'~e0hard L. Kopp . Account No. 33 439 4400 9i 33 439 4510 51 33 442 4424 31 33 463 4671 51 33 463 47O5 11 33 463 4955 21 33 466 4966 21 33 472 4435 61 33 475 5190 01 33 484 3118 41 33 500 4425 21 33 518 472O O1 33 530 3121 81 33 563 3012 O1 33 578 2871 81 33 581 2901 71 33 593 5109 91 33 593 5125 51 33 593 5223 81 33 596 4980 81 33 596 4916 11 33 599 4700 31 33 620 4757 81 33 620 4801 31 33 620 4865 81 33 623 5228 21 33 632 32i9 41 33 632 3237 61 DEL NQUENT UTILITY BILLS (over 6 months old) Name Wm. Moore Carol Stadola Dalreld Paine Henry Lister Kathleen Sandmeir Kenneth Holm Robert Thedorff Pam Grussendorf M. J. Phillippi Ethan Curtis Charles Childs Robert Grady S. Kokales Joseph Holmes Joan Conkey Sally Swanson Mike Weber Phil'lip Forseth Barbara Reuben Bobby Soen Thomas Jerde Adeline Carr James Kelly Robert O'Neil Dan Norbtey Wm. Massie Clarence Brabec Tom Gurdorff Amount $56.39 68.06 46.36 61.01 55.84 62.18 43.11 72.35 43.94 53.49 58.42 50.47 66.94 43.97 75.38 75.40 4O.58 58.66 44.46 100.26 63.04 36.53 93.94 105.O0 46.12 54.53 58.33 61.73 1-23-79 CITY OF MOUND Mound, Minnesota January 18, 1979 COUNCIL MEMORANDUM NO. 79-35 SUBJECT: Vacation of Part of Hanover and Drummond Roads Attached is a copy of a letter from the Attorney stating the vacation of Drummond and Hanover Roads from Roxbury to Middlesex was in error since only 3 Councilmen were present. Therefore, the hearing must be held again. February 13th is suggested as a date for the hearing. The map attached shows the streets in question. ~'Le~nard L. Kopp · t / CLAYTON L. L£FEVERE HERBERT P. LEFLER CURTIS A. PEARSON J. DENNIS O'BRIEN JOHN E. DRAWZ DAVID J. KENNEDY JOHN B. DEAN GLENN E. PURDUE JAMES D. LARSON CHARLEB L. LEFEVERE HERBERT P. LEFLER ,JEFFREY J. 5T~A~) JAMES P. O'MEAR~ LAW OFFICES LEFEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ IIOO FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 5540~ January 17, 19 79 TELEPHONE (61~) 333- 05~,3 Mr. Leonard L. Kopp City Manager City of Hound 5341 Ma!~ood Road Mound., Minnesota 55364 Re: Vacation - Hanover and Drummond Roads on the West Side of Roxbury Lane to the East Side of Middlesex Lane Dear Leonard: i was recently contacted by John W. Harrigan, an attorney repre- senting Eugene G. Schlee. He sent me a copy of the report of the Examiner of Titles which expressed concern over the action of the City of Mound in supposedly vacating portions of Hanover and Dru~.~ond Road. I then sent said materials to you on Decem- ber 27, 1978 and Marge was kind enough to ga%her all the' information for me and she recently sent me the following: 1. Copy of affidavit of posting notice of public hearing to vacate. 2. Copy of the public notice as posted. A copy of the affidavit of publication published in the Laker on May 24, 1978. Affidavit of diligent search and an affidavit of mailing the notice of vacation. Copy of the minutes of June 13, 1978 showing the adoption resolution 78-301 showing the vote to be unanimous in favor. 6. Certified copy of resolution 78-222. 7. Certifie¢] copy of resolution 78-301 LAW OFFICES LEF'EVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ Mr. Leonard L. Kopp Page 2 January 17, 1979 To my horror, I find that there were only three people present at the time that resolution 78-301 was adopted, and by the terms of the statute it requires a 4/5ths vote. I am therefore requesting that the City republish and repost a notice of a public hearing for the vacation and that the City hold. a new hearing. We will need. a 4/5ths vote of the council to vacate these streets. I am also returning copy of resolution 78-301 and I suggest a change in the "Be it Resolved" portion as I have marked, on the resolution. The council is vacating the street, it is not authorizing the vacation. I ask that when this procedure has been completed, cer- tified copies of all of these documents be provided, to me so that I can pass them on to Mr. Harrigan, and the City will then not have to appear in court regarding the registration proceeding. Zf you have a~v_.~ questions or comments, please call. Very truly your,~ curtis A. Pearson City Attorney CAP: ms Enclosure P.S' I am enclosing a copy of 412. 851. Please note that unless you are aware of some local requirement, there is no neces- sity for mailed notice. If-the council wants to do that as a normal procedure, there is of course nothing wrong with mailing notice, but in this case where we are really just correcting an error of the City, I would think you could proceed without the mailed, notice as long as you publish and post pursuant to the statute. C0uncilmember Swens0n moved the follo;~in9 resolution,' RESOLUTION 78 - 301 RESOLUTION AUTHORIZING THE VACATIO~I OF HANOVER ANDDRUMMOND ROAD FROM THE ~IEST SIDE OF ROXBURY LANE TO THE EAST SIDE OF MIDDLESEX LANE WHEREAS, Terry M $chlee and Eugene G. $chlee~ owners of property de- scribed as:' Lots 9 through 13, Block 28, Devon, Lots 1 through 6'and 11 through 16, Block 27, Devon and Lots 1 through 7 and 9 through 15, Block 26, Devon are requesting vacation of east 120 feet of Hanover and Drummond Roads west of Roxbury Lane, and' .W~EREAS, if street vacation is granted as requested, sai'd owners will divide property into 4 building sites, each in excess of 6,000 " square feet, and .. WHEREAS, said owners will Quit Claim Deed to the City p~operty described ~s Lots'D-13, Block 28, Lots 4,5,6,11,12 & 1~, Block 27 and Lots 4,5,6,7,9,10, ~1 & 1~, Block 26 all in Devon, and WHEREAS, no ob]ect~ons have been raised on 'said vacationing request by the Public Works Dept., Fire Chief~ Pal-ice Chief, EnDineer, Minnegasco, ~orthern States Power Co. and Continental Telephone Company~ and WHEREAS, there is ua sewer or water on the streets in question and th~re- ', fore no need to retain a drainage, easement on either street, and UHEREAS, access ~o area, if vacation is granted, can be obtained through Aberdeen Road on the north and Windsor Road on the south, 1~0~,¢, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUSED, MOUND, MI N~iESOTA: That Co'until does hereby[~__uthorize ~he vacatio~-~c~fi ttanov, er nnd Drummon~ Roads from the ~-;est side of Roxbury'I~ane to ..,"'~x\~'~\~ ' the east side of f-tiddlesex Lane. · ,,"" ' .,T,.,e't~otion for the adoption of the foregoing resolution ~-;as duly sec,,.~d- ' ',' / 'J . I" ' -- ~'' : ;' .' .~.~,, ec~ by,Counc~lmember ~,,;thhart, and upon vote being taken thereon, the fol- ; ~ "~' ~),',". l~'ini~ voted in favor thereof: Lovaasen, Fenstad and ~.lithh-~rt; the "'.' ~/, ", / .]o~,~hgivoteg against the same; none, ~,~ith Fenstad ~nd Polston b~ing ab- . : , ,," .. se.~t~ ~.~hereupon sa~c! resolution was d¢clare¢! passed a,4d adopted, slqn,-~J ' ", ' /,' ( /;' b,}; f~h~ Mayor-and his signature attested by the City..Clerk. -- ' /I ,,..",, ...... ',_..,' ~ . // ' I Mo, rsh :5 ;G 7 1-23-79 CITY OF MOUND Mound, Minnesota January 18, 1979 COUNCIL MEMORANDUM NO. 79-36 SUBJECT: Planning Grant The Metro Council has increased the amount of the grant for the Comprehensive Plan from $2,051 to $4,665. In order to obtain the money, it is necessary to amend the contract. Attached is a copy of the proposed amendment. Please note that the completion date of June 1978 to December 1979 has been made. A resolution authorizing the Mayor and Manager to enter into the agreement is recommended. Leo~ard L. Kopp ( t ..... WSIE~, the Metropolitan Council, hereinafter' referred to as the "Council," and the CiUw of }~ouD. d , hereinafter referred to as the ~Grantee" have previously e_nte_r-=d int') a cram', agre_-3m, en~ for a local pint, ming assiztance grant~ Meuropolitan Counc~_! Con: .... .No. Y820, dated Fa].~r~ary 7 , 197 8 , hereir, af. ter referral to as the "A-~re~n~," and WF~__PS_'~S, the Council. has awarded $ ~,6]~A in 1978-79 entitlement funds to the from fu~ds appropriated by ~%tinnesoUa Laws 1977, ChaDter 455, Section 19, sttbdivision 3, for the preparation of its comp-'°~-hensive plan required by the Metropolitan Land Planning Act. NO~ T~--'E.~O-~, the parties h~reto agree that the abov-~-referenced agreement shall be amended in the followin_u particu!~zs: 1. Paragraph IA is amended to read as follows: "The Council shall pay to the Grantee, in accordance' with the sch~.~l, ule set forth below a total grant amou~t of $ A.~65 . Grant funds shall be ma.~e ~vail~Jo~e to t_he grantee as follows: $ 4~ , inunediately upon executio~ of this Agreem~.nt. $ 466,, . , upon sa~isfacco.-y evalua~.iom hy the Council of the ~um~ded por~.ion cc2nple~ioa repo_-~--~ su-~mi~ted by the Grantee pursuant to Paragraph 4B of this Agreeme.nt." 2. P=~ragraph LB is amended to read as follows: "B. The Grantee agrees that of the total cost of carrying out tL.e work pz'ogram set in Grantee's application for grant assistance, Appendix A, atta~_b, ed ]~ereto and made a par~ hereof, no more ~han 75% shall ~e financed by grant fu~nds awarded by this Agreement, and t_het no more than 100% shall be financed by grant funds awardc<] by this Agree-merit plus grant funds from other sources of financial assistance." 3. PaJagraph i~ is am~.ded to read as follows: "D. Th-~. Grantee agrees to comoly with al! provisions of the Metro[~!itan Coup. oil "Apu_acat_on,_ Award and Disb,'~r3~.ent Guidelines for the kdm{nistration of Planning Assistance Grants, k ..... ma_t__ re_~rec_ ~:o as the "Guidelines" daua~t October 26, I.,;.1~ and dated April !.977. which ar~ hereby incor_~orat~ by referenc~- into tP~is Agre~mgn-t and i~%ade a part 4. A new Appendix A, ides. ail!ed as "~ended Appendix A" and attached hex~to and made a bt-reef is substituted for the App~_ndi:( A of the original Grant 5. A new Appendix B, identified as "Amended App=--ndi.x B" and attachsd hereto and made a pa;-t su~st~u~-~d for the B hereof, is ' ~'~ ~ Appendix of the original Grant Agreement. E×ce~ as h~reb¥ am~_nded, the provisions of the above-referenced contract shall remain in a~.d effect withou~ change. ~: 'WIT~.:ESS ;'~.~P. EO?, the parties hereto h~ve caused this ~mend.~ent to be ~xecuted on this day of , 197~. METROPOLITAN COtPNCIL APPROVED AS TO LEGAL FO.q~.~ ~2{D ADEQUACY By. Office o~ staff council · Chairman G~;TEE By Title: ,-.~'.'-~3 METROPOLITAN CQUNCIL Suit~ 3QO Nle~ro Square Building, ~int Paul, Minn~o~ 5UIgl ~~; ............. City of Mo~nd Name o~ ~ni~, ,, ~ ....... Telephone Number 472-1155 Outline The majo~ ~3~k~ and -.he ts-T. at ~ of ~ose ~ whi~ mu~ be und~k~n in ord~ to p~ara or u~d~te th~ ~r-~m,~iW'~ ~mor~sive ~an a~rdi~ to im sy~ ~t~. and ~ra and adopt iL~ Official Con.oh. The outline sneuld f ::.;~ tho focal s~n o~ ~- ~ of %fli~ a~pllation fo~. See atlached 5o Estlrr~t.-dcam. ci~dond~taoftheWorkProgr~ att~l'r¢= ~, ~3/~ Dece~er 1979 The ,~rk program wi Il encompass an update o'~Hbund'% Comprehensive Plan that reflects the foundation of the co~',unity's growth. I.i~ amo-nts and ~our~-~ of ou'c$id~ a~.~is~ncs. CDBG Funds undetermined Revenue Sharing - undetermlned M ET~O PC L!T.:..':I ......... ~-. ; / FILE bi0. -3 /; ~ If the communio! ,,eish.~ .'o aoply for a Do. on o~ th~ S~I Fund: (1 } d~ibe the exiwing or proc~:~ m et~oolit3n is ~1~ in me ~ ~mm ~ior ~k ~c 1. To d~velcp a Comprehensive Plan to accomplish the gaols af law and income housing through implementation of housing abjec:iws. 2.. To developa a housing strategy relative to:tho ne~ds af law and income families within the City af ~ound 3. The amount requested is $2,500.00 to further implement the work program ~:ask documented in 3A TOTAL' CITY OF MOUND APPENDIX A (continued 1. Tr~nh.wortatior~ Tot31 Co~: of l'~mjor T~k: 1 $2,250. .... $2,2so. ~.000~ $2,00o. $2,500. S4.000. $15,oaa. (-)- 0 - by: 2 Staff Sta~;~ St~ff__ ..... , Staff Staff Staff NA CITY OF 140UND 'APPENDIX B FUNDED PORT!O}I O? THE WORK PRQGP~24 List below the work program major task(s) which will be funded by the total gr-a_~t award of~:.,~ 05~_~0a ~/~&O~ If only a portion of a major task is to be funded, lis~ the specific activity(les) and cost(s) . . ;4a~or Task(s) or Activities to be Funded' Land Use Developm-~nt of. Policies and Plans A. Land Use B. Facilities Plan Development of Policies and Plans A. Transportation B. Sewer Policy Development of Policies and Plans A. Capitol Improvements B. Housing Implementation $2,250. 2,250. 2,000. ~,000. 2,500~ 4,000. Total Cost of Funded $15,000. Less Other Financial Assistance R~maining Cost Funded by Local Planning Assis-aance G_~ .... (-) 15,000 .. CITY OF MOUND Mound, Minnesota January 19, 1979 COUNCIL MEMORANDUM NO. 79-37 SUBJECT: Minnesota Cities Week The week of February 26-March 2 will be designated Minnesota Cities Week by the Governor. If Mound wishes to participate, a suggested resolution is attached. -- L~onard L. Kopp '~ 19 g'ue of minnesota cities January 15, 1979 TO: Mayors, Members of the Councils~ and Clerks: Governor Albert H. Quie has agreed to issue an official proclamation designating the week of February :26 - March 2 as Minnesota Cities Week. This will allow cities the opportunity to high- light city services in concert wkh hundreds of other cities throughout the State of Minnesota. The entire week will offer a variety of opportunities for your participation locally, so that you can select the options that seem to best fit your community. One purpose of this letter is to ask you to adopt the enclosed resolution of participation, and to return it to the League and to the Governor. If we can get this kind of official participation from cities in every part of Minnesota, it will help to underline tile importance of tile week. We would like to be able to say publicly that cities from Ada through Zumbrota are officially participat- ing in Minnesota Cities Week, but we can only do that if you pass this resolution at the next possible council meeting. The Board of Directors of the League has selected a slogan for the week. It's ........ Cities - Where the People Are! We plan to have a campaign kit designed around this slogan and hope to have samples in your hands at the beginning of February. The League will also provide suggestions for a nurnber of activities that cities can undertake on their own. Finally, we will contact the news media, so that we can coordinate the publicity here with the League's Legislative Conference, which will be held Wednesday, March 1. The Board feels that Minnesota Cities Week offers a good opportunity not only to illustrate the diversity and vitality of cities, but to make cities more visible during this very important legisla- tive session. They would certainly urge your participation, via the enclosed resolution, and in any other way that you deem appropriate either now, or after plans for th~ week are more developed. In the meantime, if you have any ideas that should be considered, or any comments, pJease let me know. Si/~cerely, Donald A. Slater Executive Director DAS:glb EncJosure ' Model City Government Week Resolution (Adapt as seems appropriate) City of County, Minnesota RESOLUTION OF PARTICIPATION IN MINNESOTA CITIES WEEK WHEREAS, February 26 through March 2 has been proclaimed as Minnesota Cities Week by the Governor of the State of Minnesota; and WHEREAS,. city governments offer the best'opportunity for most Minnesota citizens to take an active part in the political processes which so profoundly influence their lives; and WHEREAS, the recognition of thesignificance of city government by designation of a city government week will provide an opportunity to promote even greater citizen understanding and involvement; and WHEREAS, designation of a special week for recognition of city government will provide opportuni- ties for greater understanding of the role of cities in relation to other units of local, regional and state government by governmental officers and employees; NOW THEREFORE IT IS FIEREBY RESOLVED, that the city council of offici- ally recognizes Minnesota Cities Week and commits this city to such promotional and other city week activities as the council shall herewith and hereafter direct. BE IT FURTHER DIRECTED, that copies of this resolution be provided to Governor Albert H. Quie, the League of Minnesota Cities and the official nexvspaper as well as other local news media. Adopted by the city council of the City of this date of 1979. Attest City Clerk Mayor 1-23-79 CITY OF MOUND Mound, Minnesota January 11, 1979 INFO~LATION MEMORANDUM NO. 79-13 SUBJECT: Citizen Complaint At the January 2nd meeting, a citizen complained that he had been treated rudely by a policeman when the ~itizen was on the street about 2 a.m. the morning of January 2nd. The Police Chief has checked out this and a copy of the report is attached. 5341 MAYWOO9 ROAD TELEPHONE MOUND, MINNESOTA 55364 (612} 472-1155 January ll, 1979 TO: FROM: SUBJECT: Leonard Kopp - City Manager Chief Charles Johnson Complaint of Jim Whitsell Attached is an information report submitted by Sgt. William Roth regarding his inquiry into a complaint of Mr. Whitsell alledg.edly being treated rudely by a police officer, Officer Joe Dutton was involved in this incident. It appears that he acted properly. In all probability, Mr. Whitsell assumed that he had been reco§nized by the officer and based on that assumption, thought it was improper to be stopped and questioned. Sincerely, Chief Cha~]e~s Johnson Mound Police Dept. ERC. CJ/sh INFORMATIONAL REPORT · ~nitial ~cporh ~ Follov.~up Report ~~ Grid // gating regarding Off. Dutton Inci dent %he_c~o_un~i 1 ~ i s_ i nvesti - I~cation Add_ross .- :.Date ~ O1-09-,79 DOB Phone - day " Phone - night,, Roth · B~ag~ Ol'£ic er ' ~ TM On C~1-09-79, approximately 0015 hrJ., Sgt..Roth interviewed Off. Duttbn in regards ~o an .. incide6t on 01-02-79, approximately'2:00 a.m., regard{ng.an individugl that:was stoppad - - ' and identified by Off. Dutton in The Mound business district: '' ' .. O{f. Dutton informed Sgt. Roth that'either on 01-01z79, or 01202-79, he d{d bbserve ~ '' · :.' ~arty walking southb.ou~d on Commerce Bl'vq.' i.n the area of Lypwood Bl~d. Th.is %qas at '-' .- . app'coximately 2'30 to 3:00 a.ml .The party was ~arjng, what Off. Dutton b6li~ved to be a' brown paper bag.. Off. Dutton t~en p'roceede6 behind the State Bank of Mound ~nd came ap in the area beside ~he' Eberhardt Realty CO.% facing an easterly direction. Th~ party' t~at Off. Dutton had observed prior to this in the-area.of Cry. kd..-llO ah~'Lynwood' .was stJtl Walkin'g'sounthbound'on the sidewalk paralleling Commerce Blvd. ,'now approaching ' the Eberhardt Realty Co. ' '.. 'When the i~dividua] approached'the area where Off. Duttoh had his squad car S'topped,.'(,ff. Dut,~on, not getting out of {he squad car, 'but ~alking thru the driver's Window, asked the party if he could tatk'w}th him for a moment, at which time the party did leave't, he sidewalk and come over to the side of the.squad'car. Off..Dutton then asked ~he. ir, d~vidual if he could ask 'the party where he was coming from. Off. D.utton staled he believed ~h= party.'s reply was that he was coming from his grandmother's at Grandview. Off. Dut~cn th~n a~kad the party his hame, which th~ individual did inform Df{. Dutton, alth%u~H ~t" ' the t~me of the interview, Off. Dutton could not remember the 'name that was given to-i~im'.' . At which point Off. Dutton asked the'party where he lived and at that point, the individual pointed to the apartments on top' of the Longpre's store and stated I live right u~! -h~re .. Off. Dutton, judging-from the way ~e individual answered hi~'questions~ believed the party'. to be somewhat annoyed at being stopped by a.police offi. cer and at that point Off. :Pupt~n "':.A stated to the party, well sir, it's-highiy'.u~usual-to see somebody in'.the business h/'ea'at fhis time in the ~orning. The individua~ -then replied to Off. Dutton, well,.I walk'{f:~is . al'i tne time. Off. Dutton then informed the party, thank you for informing me o'¢ ~-'~. at which.POint the party 1.eft the area of the squad car and Off. Dutton continued wa,.tching the party until he observed the party' enter the outside' door into the apartments above the Longpre's Store. Off. autton did inform Sgt. P, oth that th:, 6ntire conversation .between the abdve 'indi'~' ',- and Off. Dutton took place in approximately 30 to 40 seconds and th-at Off. DuLton, n=though he does not knew the name of th...e individual at this time, remen~b.~, tha-L the indivi~l did aopear t.o b.? ........ . so,,e,,,n~t upset at th: fact ~, being st.opped and questioned by a ¢"'-'~ce attempting to asser'tai~ the off'ice'c. Off. E.:~th,:m fu~.h=r advi~.;d S~}L. Ro,~h rna: n]~re oF th~ indi'.~dual due to tha Lime of ~'~ i;n'ninu '~''" ' ' - ' ~ .... , ~.,:., the location where a~e i~-:dent Sgb, Roth 1-23-79 CITY OF MOUND Mound, Minnesota January 18, 1979 INFOrmATION M~MORANDUM NO. 79-14 SUBJECT: Outdated Variance Authorization David Linner, in November 1977 Resolution 77-532, received a 5.3 foot front yard variance. He did not begin construction, so the variance exceeded the 12 month limit without his t~ing advantage of it. He has applied for renewal of the variance. Since he is in a hurry to build, he asked if there was anyway he coul~ get to the Council. He was told it had to go to the Planning Commission and back to the Council. He asked if it could go to the Council. He Was told it could not be put on the Agenda, but he could talk to the Council at the "Comments and Suggestions" session, but it was doubtful if the Council would take any action. The Planning Commission meets January 29th and their recommendations will come to the Council on February 13th. CITY OF .MOUND NAME OF APPLICANT DAVID LINNER FEE $ ZONING PROPERTY ADDRESS PLAT61980 PARCEL 1475 Address MOUND 1890 SHOREWOOD L~NE 55364 Teleph°ne472_3240 Numb e r _ LOT22 a % of 21 BLOCK SHADYWOOD POINT ADDITION INTEREST IN PROPERTY OWNER . FEE OWNER (if other than applicant) Addre s s Telephone Number VARIANCE REQUESTED: SmE I Tl YARD F · YARD N. C.U.* or OTHER (describe) REASON FOR REQUEST: ACCESSORY B III LDI NG LOT SIZE LOT SQ. FOOTAGE NOTE: FT.] 1. Attach a survey AND scale drawing showing location of proposed improvement in relation to lot lines, other buildings on property and abutting streets. 2. Give ownership and dimensions of adjoining property. Show ap~>roximate locations of all buildings, drivewa'fs, and streets pertinent to the ap0licatiOn by extending survey or drawing. 3. Attach letters from adjoining affected property owners showing attitude toward request. PROPOSED GARAGE TO BE WITHIN 4FT. 8IN. OF LOT'.LINE ' ',. A building permit must be applied for within one year from the date of the council resolution or variance granted becomes null and void, Variances are ngi~-a~sferabJ4~. APPLICANT f.:'/ ~'~2'~ ~'i~'~---'-'~--'~-"'c"z~',-'/ DATE '- '3/ Signa~re PLANNING COMMISSION RECOMMENDATION DATE COUNC! L .AC TiON: ]DAT'7: ERTIFICATE OF LAND SURVEYORS SURVEY. -'._OC)~t,t~,',,';O"~ M~NN. 55420 'g~,-.x gO ;,::,'~ ",,.'., ~ :-~ ;.' .T ' / ~:.2' "','*, We herebV : ......... ~-,-,-ieS of [he lctnd :ti:,,ve ,'.,~?c:t'[bed an:: ,..:; :'~e location of al! buildings, it .~: -'-~::.' all vi~;~;; S i {.-, :[ :£--,rOOD 77-532 11-2z-77 RESOLUTION H0. 77 - 532 RESOLUTIO~I TO CONCUi~ ~IITH THE PLA.~tNING COHHISSIOH RECOM,~IEND.ATIONS TO APPROVE A STREET FRONT VARIANCE AS REQUESTED ~.~HEREAS, owners of property described as Lot22. and Southeasterly half, front and rear of Lot 2_1, Block 3, Shadywood Point have applied for a street front variance of 5.3 feet, and ~.~HEREAS, property is zoned A-2, 6,000 'sq. ft. single family d,welling and said property has 6,/~OO sq. ft. and. · '~/H'EREAS, requested 5.3 ft. front yard variance wou~d allow the construc- tion of a garage on said property. ' ~ ,r;.zRchORc BE IT RESOLVED 13Y THE CITY COUNCIL OF That Council concurs with Planning Commission recommend- ~tlon and doe's hereby grant ths request for a s.treet front variance of 5.3 feet for the pu~'pose of erecting a garage on property that will be within ~ ft 8 inches of lo~ line. Aoop~ect by Council this 22nd day of .~.love~Der, 1977. 1-23-79 CITY OF MOUND Mound, Minnesota January 19, 1979 INFO~?I©N ~LEMORANDUM NO 79-15 SUBJECT: Beachside Environmental Assessment The 30 day waiting period on the Environmental Assessment Worksheet for Beachside Apartment Project is up. Attached are copies of letters received from the State of Minnesota Department of Natural Resources and frcm the Minnesota Polution Control Agency relative to this project. A proposal is being prepared by the Planner to do an Environmental Impact Statement. The City has 120 days in which to'complete the statement. The cost of the project i~ estimated to be more than $1,000,000. The cost of state- ments on projects between $1,000,000 and $10,000,000 cannot be more than than 3% of the estimated project cost. On the cost of the statement for a project over $1,000,000, the Council can have the Developer pay the cost. The Council still has to have a public hearing for the Conditional Use .Permit. Does the Council wish to establish a date for the public Hearing? DNR~ PARTMENT OF CENTENNIAL OFFICE NATURAL BUILDING " ST. PAUL~ January 18, 1979 RESOURCES MINNESOTA · 55155 DNR INFORMATION (612) 296-6157 Mr. Leonard Kopp, City Manager City of Mound 5341Maywood Road Mound, Minnesota 55364 RE: EAW for Beachside Apartments Dear Mr. Kopp: The Department of Natural Resources (DNR) has reviewed the above-referenced Environmental Assessment Worksheet. We would suggest that the'EIS which is to be prepared address the following concerns: Wetlands on and adjacent to the site. The marsh area located on and adjacent to the proposed development site consists of approximately 55 acres of ?ype III-IV wetland h~oitat. ~%e primary habitat type is cattail-bulrush, with smaller areas of open water, cattail bulrush-reed canary grass, reed canary grass-willow, reed canary grass-cattail, red canary grass-willow cattail, and %~iilow-alder,cattail types present (University of Minnesota ~mote Sensing Laboratory Research. Report 77-10, November 1, 1977). Even though the marsh is located in a heavily developed urban enviror~ent, its size, diversity of habitat types, and proxi- mity to upland habitat types a.~fords considerable value to a variety of wildlife species. The project as presently proposed will have a definite negative impact on these resources, particularly with those portions of the project listed in Section II.D.1, a.,b., and c. of the E.A.W. The physical proximity of the development itself to the marsh will further reduce its value as wildlife habitat. The EIS should also address impacts to other wetlands and lakes within 1000 feet of the site, including Cooks Bay of Lake Minnetonka and tke channel on the west side of the site. Some of the wetlands which will be directly affected are considered public %~aters (Lake basin 27T180, Lost Lake). A permit from will be required for any work below the ordinary high water mark in the basin. A!-.¢ F~QUAL O?;J::;GF~,TLh%HTY Ei'vl,oL. OY~F~ ~. L~enard Kopp January 18, 1979 Page 2 2e ~itigation measures. Measures to mitigate i~.pacts to wildlife, water resources, and other natural resources, including erosion control measures, should be discussed. 3. Alternatives Alternative development plans which would have less adverse impact on natural resources should De identified and discussed. We hope these suggestions have been helpful and will look forward to reviewing the Draft EIS. ~: r!h cc: D~chie Chelseth A1 ~a!d Tom Kucera Sincerely, Vonny Hagen, Supervisor Environmental Review Minnesota Pollution Control January 10, 1979 Mr. Leonard L. Kopp City Manager City of l,iou~.d 5341 Manhood Road Mound, Minnesota 55364 Dear Mr. Kopp: The Division of Water Quality of the Minnesota Pollution Control Agency (t~CA) has reviewed the environmental assessment worksheet (EAW) on the Beachside Apartments, City of Mound and has the following comments: 1) This project will partially eliminate a natural wetland area adjacent to Cooks Bay, Lake Minnetonkao 2) This project is likely to significantly increase the volume and nutrient content of runoff from the area by converting 14 percent to impervious surface and altering the character of the area from natural to apartment building° 3) This project will exacerbate the existing urban runoff problems at Lake Minnetonka and is not compatible with long-range ~ater quality goalso If you have any questions, please contact me° Sincerely, ~ Clifford T° Anderson Water Quality Coordinator Office of Environmental Analysis WILLIAMS/O'BF:IIEN ASSC}CIA?ES~ INC. ARCl-4rT'ECT9 ! PLANNERS MINNEAPOLIS, MINNESO'/'A January 16, 1979 Mr. cUrtis A. Pearson LeFevere, Lefler, Pearson, O'Brien & Drawz 1100 First National Bank Building Minneapolis, Minnesota 55402 Re: Mound Municipal Building Dear Mr. Pearson: I have received your letter of January 12, 1979 regarding the continuing water problem with the roof on the Mound City Hall. As we discussed, we are aware that the leaking is continuing to occur. .For a time after we had Hoffer Glass Company do repairs, following Central .Roofing Company's unsuccessful at- tempt to do so, the roof was watertight. Mr. Kopp called on June 26 to inform us that no leaks had occurred during the previous rains and at that time gave us the name of a drywall contractor in the area in case we wished to contact him re- garding interior finish repairs. · We did ~all him and he was to give us a rough price for the work after he looked it over. Following that, the leaking began again, and we looked at it on at least two separate 'occasions. Mr. Kopp called recently and apparently his call wasn't returned by our office. This was an oversight and I can assure you not an attempt to ignore the situation. I thought the call had been returned. We have discussed the problem over and over again within our office, talked with sealant representatives, etc. and are i~-~ter- ested in finding a solution to the problem but it is a dilemma. 177 Mr. Curtis A. Pearson January 16, 1979 Page Two Mr. Williams is out of town for the week but upon his return we will contact Mr. Kopp. We have considered the possibility of removing the skylight and providing clere- story lighting in its place, as well as other solutions that would be less drastic, but have reached no conclusion as yet. As I discussed with you, we have been left with the problem although it may not be ours, and we are trying to deal with it in the interest of satisfying the City of Mound. The others involved aren't cooperative and at least one other party may not'even be in business anymore. We do feel a moral obligation to the City but I'm a bit both- ered by the last paragraph in your letter in which you mention that the City would look to us to pay the cost of repairs should another consultant and other contractors be brought in. The fact that the City had contracts with others for the actual construction should not be forgotten. We did not guarantee the performance of any contractor selected by the City to build the building, and certainly before we would be forced to pay for corrective work, it should be proven that none of them are at fault and that it is solely our responsibility. I am fully aware of the frustrations the Council and Mr. Kopp are experiencing. I'm concerned about it and I wish the situation were quite different. We will attempt to work with them to make it so. We will cooperate willingly to quite an extent, as I feel we have, and I hope it can be kept on that basis. / 7'~7~.Pres. id.ent Minneapolis, Minnesota 55402 Inc. ~O/kp cc: ,.M~'.Leonard Kopp, City of Mound WESTONKA HUMAN RIGHTS COMMISSION Minutes for January lO, 1979. John Waldron, acting secretary. Present: John Waldron, Barbara McClure, Sue Scarborough, Ruth Wyman, Sandy Andrews, peggy Turtle, Chuck Nelson, Mound Councilman Robert Polston substituting for Ben ~4ithhart. Absent: Wayne Anderson (Blank tapes were not available so the meeting could not be recorded.') Chairperson Sandy Andrews called 'the meeting to order at 8:10 p.m. Turtle: Moved that all meeting be taped henceforth. Motion was seconded and the vote was unanimous. Polston: Minutes of the last meeting were relieved by the' Mound City Council. Important as the last meeting dealt with a possible human rights complaint. Andrews:' Will check't'o make sure minutes of last meeting have been sent to the State Human Rights Department. Tuttle: Query wether our roster of membership and information re: addresses of members is up to date. Andrews: Will verify and correct names and addresses of commissioners for inclusion in the minutes of this meeting. (see attached) Polston: Reported on discussion at the last Mound Council meeting re: last previous Human Rights Commission meeting - matter of complaint against School District 277. Withhart reported to the council re: the current status of the complaint. Invited council and staff to annual Human Rights Commission breakfast. (Feb. 17, 8:30 a.m., Our Lady of the Lake Catholic Church.) On an entirely different matter, Polston reported on a discussion at the Mound City Council last night. Withhart introduced a request by a church group for use of the Island Park Hall. Apparently this Hall is routinely used by various community groups(e.g. Knights of Columbus) for their meetings for no charge. The Council decided they'should charge the church group a fee on separation of church/state grounds. Query wether this was a correct decision, especi'ally given the use of the Ha!l by. the Knights of Columbus for no fee, itself a religious organization. General discussion of the propriety of the action followed. Andrews; The Human Rights Commission would like a copy of the City of dor. ument dealing with this matter. General discussion follo;.,'a~! wether a~y n~atter related to human rights discussed at C(~unc~l m~,~etings should be specifically forwardsd to the commission~ Generally seen as a proble~ since the commission i~ an advisory one-and tl~.~ as a r~:atter of cc):~r'~,e, area c~t7 counci]~ wi]) seek input f:'c~m tt~:- PoJston: (continued reporting on Mound City Council matters) Council discussed the idea of placing youth members on the various advisory commissions. City attorney said there was no problem with this and. with givi[~g them full voting rights on such commissioJ~s, except perhaps with the planning commission. Tuttle: The school board has a youth member with no voting power and this member is very active. Polston: The Youth Commission is in t'he process of disbanding due to lack of . interest. In addition, no youth are. attending the meetings. Turtle: Perhaps we could generate interest amoung them in serving on advisory commsiions by announcingtheir appointment in the paper and publishing their pictures. There was general agreement with this idea. Andrews: Made a motion for enlisting Ben Withhart's help in suggesting such a youth to serve on the Human Rights Commission. Motion seconded by McClure and passed unanimously. Turtle: 277 School Superintendant Dale Fisher.has been notified of the pending decrimination complaint against the school district. A letter to Fisher is attached.(see note) All other affected parties have also received their letter os notification. Tuttle spoke with Fisher about the matter over the phone. General discussion followed re: this conversation. Turtle: I knew there would be ab upcoming meeting regarding the grievance sc, wanted to contact Dr. Fisher ahead of time. First I asked hir~ v~e~her I could attend that grievance meeting. He gave me some information regarding their procedures and suggested I study it -then I would under- stand his position. General discussion fo!lowed this regarding the fact that anyone has a right to file a grievance or complaint. The Commission emphasized once again, strongly,-that the compaint is in no way-directed against Mr. Ulrick but against the way in which the school district appointed him to his present position. Turtle: And rews: I observed a good part of the union grievance meetingt (referred to above) Charges were filed with the union by bls. Falk. B.u the meeting also dealt with Donna Vance's charges with the State Departmen~ of Human Rights. The two matters are really separate - a contract violation and a discrimination complaint. Dorothy Falk took the union route. A r~conciliation effort.is the 'first step after a complaint is made. Tuttle: This is what th~ union representative ~,las trying to do. Brandenburg said he cateforicai!y denied everYthin. (regarding why Ulric!: IT~ig:'~t ~ · get the job - w~ile he was interviewing Falk and.Vance~ He ~;aid the at~piica~'~ts a~.:-ed why. Uirick war~ed the job and he told th~:m. Va;,:':~ and Fal'-.~. d~,-~i:~(t..,. ~:;ki~j ~), such questio~. I coul-~,, no~: s~a'/ For ~k.~~ r,:~i,.,, m:.::tlng b':[: had to leave in th.:: n~iddle oF Bra;~denbur.:]'s ~.t~]te,:'.;:,"t Lo And rews: McClure-: Turtle: Andrews: Turtle: Polston: And rews: HcC1 ure: Probably once the state gets involved the school board will be more interested in reconciliation. (vs arbitration). This is re: thc: union grievance. Our vote in the previous meeting was to assi_':t the complai'nt but it was complainant's decision. It wasn't even necess;~ry for her to come through the full commission here - she could have left it with one on the individual member.':-;. There Will be a training session/workshop Saturday, January 13th at Hamline University, 9~5 p.m.-for Human Rights Commission members.. Everyone should attend if at al1 possible. Perhaps those whO-c~n: .' attend could train those who cannot attend at some future meetin9. Perhaps the Commission can attend another such workshop coming up in March. General discussion followed re: fact that a paid employee of the school board p'rovides the local media with school board minutes. ~yman suggested it might be a conflict of interest for her to write an article for the Laker on the complaint matter, although she could suPply minute~;. HcClure spoke to the editor of the Laker re: whether he was aware of the con,cern about school board reporting done by a paid school board employee. Will we be on the agenda of the next school board meeting? Yes. A fact-finding conference must be held within 30 days of December 27,'1978 so presumably this will be upcoming also. Q~ery re: current status of the "Memorandum of Agreement", which needs to. be signed bY the City Councils of Mound, Ninnetrista,.and Spring Park. The matter came up at a Council meeting-at one point and no one knew what documents needed t° be signed or where they were. Th~ Commlssicm agreed to renew efforts to get the Hemorandum of Agreement before the City Councils. It was ascertained.that the Memorandam is now in the possession'of Wayne Anderson.'. It w~s agreed that copies should be provided for all councilpersons on all the councils. All Co;~mission members should also have copies of the Memorandum. We should.try to arrange a time for all three mayors to attend a Commission meeting and sign the Memorandum. InJividual co,..~mission members will attempt to have ~be matter scheduled on the agendas of the several councils. really need a rep6rt on the annual breakfast. All arrangements are going.along fine. Peggy will pick up the speaker and the confirming letters have been sent. It' was.agreed the Human Rights Commission still needs to meet or~ February 14, 1979. .. Ho old business existing, the meeting was adjourned for th~ puri':~s~ of addr~;ssin] envelopes for the mail in9 of invitatioris to ti:e breakfas t, . ' MOUND, MINNESTRISTA, SPR'ING PARK HUMAN RIGHTS COMMISION MEMBERSHIP LIST AS OF 1/10/79 MOUND: Sue Scarborough 2360 Commerce Blvd Mound, MN 55364 472-2115 Ruth Wyman 5952 Hillcrest Road Mound, MN 55364 472-285O Ch~ck Nelson' 3590 Tuxedo Blvd Mound, ~N 55364 472-4344 Sandy Anarews (Chairperson) 4781 Aberdeen Road Mound, MN 55364 472-4054 (house) 853-6390 (Office) Ben Withhart (Mound Council Liaison) 4976 Monmouth Road Mound, MN 55364 472-595O M I N.~IETR I STA: Barbara McClure (Secretary) 4885 North Arm Road Mound, MN 55364 472-3710 Peggy Turtle 6089 Game Farm Road Mound, MN 55364 472-4649 John Waldron 815 13th Avenue S. E. Minneapolis, MN 55414 331-7067 **Mailing Address: 3935 County Road 44 Mound, MIl 55364 472-1034 SPRING PARK: Wayne Anderson 4772 West ARm Road Spring Park,~ MN 55384 471-7770 344-6438 (OFfice) January 16, 1979 M~. Cb. ax-lea Rieaenbez'~ City PLanner 53ql ~wood Re: Beach~ide Apamcments Dear P~. Riesenberg: TILLs will contlz~..oue conversation oi January lSth. You advised me ~ha~ Lhe e~i~on.~ntaL quali~y study which %he City p~e~e~ and which ia now ~ :he hands Oi '~he 5La't~ a~nCy ~til be returned ~o ordinance. ~o my cii~n'C so iai'and I indicated <0 you cg~siGe~-~b~e amoun t. on i~s coadigio~ai ~a~e permi~ and i indiea~e~ go you ti]ac we were come ~ack, baaed -3n ~haC I ~m goiag '~o forego r~co~mr~nding any L~l b~ co,~r~ ~e~ed. Yo~ a~reed uha[ tni~ p~obabiy would be :he b'~s~ S01:: k ion. ~:.~l,/i:".~.'en.a_ quali'~y s~ady ':~c.'::.s i~<:) "~'~ ha~'ids of the City Council en~ ~:;:~:-: the Cic2 Co~:ncii a~(:;: in a,:eox'dance wit;~ its o:'dinance. .... ,~Lly , / ?/ LAW OFFICES CI, AYTON L. LI~:FEVERE: HERBERT p. LEFLER CURTIS A. PEARSON J. DENNIS O'BRIEN JOHN E. DRAWZ DAVID J. KENNEDY JOHN B. DEAN GLENN ED PURDue JAMES D. LANSON CHARLES L. LI:FEVERE HERBERT P. LEFLER JEFFREY J. ~TRAND JA~ES P. O'MEARA LE::FEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ I100 FIRST NATIONAL BANK BUILDING MINNEAPOLIS. ~YIINNESOTA 55402 January 12, 1979 Mr. James W. O'Brien Williams/O' Brien Associates 45 South Ninth Street Minneapolis, Minnesota 55402 TELEPHONE (61~) 3 3 3' ~,3 i ..? i '. ~.... Re: Mound Municipal Building Dear Mr. O'Brie'n: This will confirm our telephone conversation of January 12, 1979. This conversation came about as a result of a letter from the City ~anager to me under date of Janua~.~ 5, 1979, indicating that the City }{all roof still leaks. I believe you have a copy of that letter and. have had. numerous phone calls with the City Manager concerning this problem. In our conversation this morning, you indicated to me that Williams/O'Brien was in the process of cleaning up the drywall repairs', painting, etc. when you found that the leaks still continued. You further indicated to me that you and. Mr. Williams of your office had been kicking around a number of proposed solutions to the problem, including a proposal to replace the sky-light with a different form of lighting arrangement. You further informed me in the conversation that when the last repairs were mad. e at your e>~pense, Central Roofing went out to do the work and it is your contention that they were to contact You when they had the. job torn apart so that you could inspect it, and it was my further understanding that rather than having Central Roofing doing the ceiling work, there was an agreement between you and Central Roofing that Carcifini Caulkinc~ Company was to do the work for Central. You now allege to me that under the contract between you and Central, Central failed to do what they promised and used their own men to do the work instead of. Carcifini and that you are presently involved, in a dispute with Central Roofing. You further indicated to me that Hofer Glass had. been hired by you and had done work on the sky-light and had been paid by Wil!iams/O'Brien for that work. The sum total of all the work is that the problem has not been resolved. LAW LE:FEVERE, LEFLER, PEAR-,SON, O'BRIEN & DRAWZ Page 2 I'~r. James W. O' Brien January 12, 19 79 In your letter to me on August 19, 1977, you indicated that Williams/O'Brienw'ou~].attempt to resolve the Mound City Hall sky-light roof leaks at no expense to the City. I can understand. your concern because apparently you did make a good faith effort to correct the problems at no expense to the City, but the problems have not been corrected. I believe that the City Council and the City Manager are correct in their assumption that they have contracted for a building which is dry on the inside, and that we should, not have to continue to struggle with a leaky roof. At this point in time, I have recommended to the City Manager and. the City Council that they not retain another architect or other personnel to attenLpt to fix these leaks because I believe that if that course of action were followed, the'waters could be further muddied as to responsibility. It is the position of the City at this time that the responsibility for correcting these defects rests with Williams/O'Brien and/or the strbcontractor that you have most recently contractec~. with to make the repairs. In accordance with our conversation of this date, I am hereby requesting that you i~mediately prepare and present to Mr. Leonard Kopp, City Manager, a proposal for resolving these problems. If we are unable to resolve the problem between you and the City because of your failure to act, then I will have no alternative but to recommend to the City that an additional architect and additional and new construction peopl-e be retained to tear the roof apart, make all necessary repairs and, of course, then we would look to you for the cost of those repairs and the cost of the fees involved in getting the problem corrected. I sincerely hope that you can develop and im!~lement a plan to resolve this problem, get the roof fixed so it does not leak, get the interior drywall repaired and painted-, and conclude this matter for once and for all. You have informed me that it may even be better to attack the problem now in the winter than to wait for spring or summer because of the complications brought about by the possibility of rain. I would appreciate it if you would copy me on any materials you submit to Mr. Kopp, and I ask 'that · you move on this immediately. - CAP: lh CC: Very truly yours, City .Attorney City of Mound Mr. Leonard Kopp, City Manager Mayor and Councilmen 177 MONTH OF December 1978 CITY OF MOUND Mound, Minnesota Monthly Activity Report of Building Permits This Last This Year Last Year Work Units Month Month To Date To Date Value of Building Permits 215,500. 507,500. 5,540,496.' 5,515,441. Number of Permits 12 18 332 413 Dwellings 3 9 82 119 Garages 1 1 43 43 Remodeling 4 5 84 ~76 Commercial - 1 2 2 Industrial - - - - Other * 3 1 96 141 Demo!ish ** 1 1 25 25 Moved In .... * 2 Siding - 1 SWimming. Pool ** House - 2241 Southview Lane ~!ULTIPLE UNITS This Month Year to Date 0 0 1 & 2 FAMILY DWELLI~GS This ~lonth Year to Date ~elling Units Dwellings '~ 3 3 82 87 The breakdown for 1'978 construction for the City of Mound is as follows: $3,664,700.00 381,500.00 425,425.00 181,486.00 756,580.00 130,805.00 Single Family Structures 77 Dwellings Two Family Structures 5 Buildings-10 Dwellings Residential Remodeling 84 Permits Residential Garages 43 Buildings Commercial & Schools 3 Buildings Other - Fences, Signs, Swimming Pools, Utility Sheds, etc. Total $5,540,496.00 ~_.6_7o~o_ ' - SOUTHWEST SANITARY SEWER ADVISORY BOARD 20225 Cottagewood Road in Deephaven EXCELSIOR, MINNESOTA 5'5331 Area I ~ Minnetonke Area 2 -- Eden Prairie Area 3 -- South of Minnesota River Area 4 -- Chanhassen and Chaska Area 5 -- Shorewood, Excelsior. Deephaven, Greenwood, Tonka I~ay, Woodland Area 6 -- Wayzata, Orono, Long Lake, Medina Area 7 -- Victoria. Mound, St. Bonifacius, Minnetrista, Maple Plain, Independence, Spring Park Present: MINUTES OF MEETING HELD OCTOBER 19, 1978 at the Deephaven City Hall 'Widmer, DeGhetto, Britzius and Forrestor. The minutes of the July 20, 1978 meeting were approved. It was reported that the balance in the treasury was $67.60 of which $6.25 was the balance in the postage fund. There was a general discussion relative to the activities of the Waste Control Commission led by Britzius who attends their monthly meetings. Discussed was the status of the Alternative Waste Manage- ment Study, noting that hearing had been completed and that October 13 was the last date for submitting written comments. The Metro- politan Council will take action on the study. Other matters dis- cussed were the final budget, as approved at the October 17 Commission meetin§, status of construction of projects in the Service Area, etc. Widmer led a discussion about a Spring Pare request for acquisition of a section of sewer line by the rqetropolitan Council which centered primarily about procedures. The next meeting will be held on January 18, 1979 unless there is need for a special meeting before then. P.O. BOX 387, Wayzata, Minnesota 55391 BOA~ O~ MANAG(RS: David H. Cochran, Pres. - H. Dale Palmatier · Albert L, Lehman o James S. Russell · Jean WHliams January 10, 1979 NOTICE OF MEETING OF BOARD OF MANAGERS Thursday, January 18, 1979 7:30 P. M. Wayzata City Hall AGENDA E;.~CI,OSED 2. 3. 4. '7. AGENDA Minnehaha Creek Watershed District January 18, 1979 Call to order; present, absent, staff. Reading and approval of minutes of regular meeting, Approval or amendment of January 18, 1979 agenda. Hearing of permit applications: 78-92. N. F. Ferrara, Shoreline Rip-Rap at 3410 Ha;r. dsc~;abble Point Road, Priest Bay, Lake Minnetonka - MinnetrJ. sta. Be 79-01. T. Wymer, Fill Placement at 3615 Farmhill Road, near Halstad Drive South - Minnetrista. De 7.9-02. Dock and Lift Service, Shoreline Rip-Rap at 3705 Northome Road on St. Louis Bay, Lake Minnetonka - Decpbaven. 79-03. E. Rydell, Residential Road Construction North oi Luce Line Trail on Orono Orchard Road - Orono. Correspondence. Hearing of requests for petitions by public for action by the Watershed District. Reports of Treasurer, Engineer and Attorney° A. Treasurer's Report - Mr. Russell. B. Engineer's Report - Mr. Holmquist. 1. Minnehaha Creek Floodplain Zoning. 2. City of Minneapolis' Bridge Proposal. 3. Permit Application Form Revisions. 4. Cooperative Agreements. 5. Diversion Agreement - NE Pond, Edina. C. Attorney's Report - Mr. Macomber. 1. Creek Improvement Project. 2. Hennepin County Agreement. Unfinished Business. A. Annual Hydrologic Data Report/Distribution. B. Mailing List Review:. 1. Agenda and Minutes. 2. Annual Report. C. EPA Grant Fund Termination D. Administrative Expenses. New Business. Adjournment. MINUTES OF REGULAR MEETING OF THE BOARD OF MANAGERS OF THE MINNEHAHA CREEK WATERSHED DISTRICT December 21, 1978 The' regular meeting was called to order on December 21, 1978, by Chairman Cochran at 7:35 p.m. at the Wayzata City Hall, Wayzata, Minnesota. Managers Present: Cochran, Lekman, Palmatier, Russell and Williams. Also present were board advisors Holmquist, Jandro and Macomber. ~r0ya! of Minutes The minutes of the regular meeting of November 16, 1978, were reviewed. Following discussion it was moved by Lehman, seconded by Palmatier, that the minutes be approved as published. Upon vote, the motion carried. D. Hessburg, Grading/Drainage Plan for Three Lots on Kearney Drive, Priest B~y, Lake Minnetonka - Minnetrista; Application No. 78-151. The engineer reviewed the application for grading and drain- age plan .approval and advised the Managers that the application was in conformity with applicable requirements of the Watershed District. The engineer recommended approval with the requirement that only clean fill be used in constructing the proposed road. Following discussion, it was moved by Lehman, seconded by Palmatier that the application be approved subject to the conditions recommended by the engineer. Upon vote, the motion carried.~ '" County P. Grosz, Grading/Drainage Plan for "Morningview Terrace, ~ Road 110 near jennings Bay of Lake Minnetonka - Minnetrista; Application.No~'~78-i52. The engineer advised the Managers that technical data sub- mitted by the applicant to date was not complete. Following discussion, it was moved by Lehman, seconded by Russell 'that the application be tabled pending receipt of additional data required by the engina~ro Upon vote, the motion carried. December 21, 1978 Page Two R. Schulz, Grading/Drainage Plan for Commercial Development Southwest of Plymouth Road and T. H. 12 - Minnetonka; Application No78-153. The engineer reviewed the application for grading and drainage plan approval and advised'the Managers that the applicatio~ complied with all Hpplicable requirements of the Watershed District. Following discussion, it was moved by Lehman,. seconded by Williams that the application be approved as recommended by the engineer. UPon vote, the motion carried. D. Hansen, Lake Setback Variance for Single Lot East of County Road 19 and North of West Point Road, Lake Minnetonka - Tonka Bay; A~plication No. 78-154. .Theoenginee~.~aduised the Managers that approval from the City of Tonka Bay had not been received by the applicant. It was moved by Palmatier, seconded by Russell that, in accordance with District procedure, the application be tabled pending action by the City of Tonka Bay with respect to the application. Up©~] vote, the motion carried. Hussman Investment Company, Grading/Drainage Plan for.'%Boni.. Highlands" - St. Bonifacius; Application No. 78-155. ?he engineer advised tke Managers that approvals required by other govenmental bodies had not been obtained b~ tke appl±cant. Following discussion, it was moved by Russell, seconded by Lekman that the application be tabled. Upon vote, the motion c~rried. Boulder Bridge Farm, Inc., Grading/Drainage Pe~mi~t v S~thtown Road at Howards Point Road, Lake Minnetonka - Shorewood; Permit No. 77-34. The engineer advised the Managers tkat Boulder B]~idge Farm, Inc. had requested an extension of Permit No. 77~34 and recommended approval of the requested extension. Following discussion, ~t was moved by Russell, seconded by Lehman that the permit be e×tended for one year subject to the same conditions contained in the letter from the engineer to the applicant dated June 23, 1978. Upon vote, th~ motion carried. Allan RaYmond, 2685 North Shore Drive, Orono; Application No. 78-156. The engineer reviewed the application for construction of rip-rap and recommended approval. Following. discussion, it was moved by Pa!metier/ seconded by Lehman tkat the application be approved as recommended by the engineer. Upon vote, thD motion carried. D~cember 21, 1.978 Page Three Correspondence .The Managers noted receipt of correspondence from Schoell & Madso~, Inc., consulting engineers to the City of Minnetonka, inquiring with respect to applicable standards regarding'drainage from a proposed development lying partly within and partly outside of the legal boundary of the District. The engineer was directed to respond to the inquiry. Treasurer's Report ' The treasurer distributed a revised statement of the monthly administrative fund report dated November 16, 1978, pursuant to direction~-of"~the Managers at the last regular meeting. The treasurer then distributed his monthly administrative fund report dated December 21, 1978, a copy of which is attached. The treasurer stated that since the date of preparation of the monthly report, the tax settlement due from Hennepin County had been received by the District and recommended, in addition to payment of the bills as shown on the December 21 report as dis- tributed, payment of the engineer's current billing payment of the managers per diems for the six months ended December, 1978, and repayment of the loan due the maintenance fund. Following discussion, it was moved by Palmatier, seconded by Lehman that the report be approved and the bills paid as shown in the treasurer's report dated December 21, 1978, and that in addition the treasurer be authorized to pay the engineer's current billing, the Managers' per diems for the last six months of 1978, and that the treasurer be authorized and directed to repay the loan due from the administrative fund to the maintenance fund in the amount of $13,400 prior to the end of the calendar year. Upon vote, the motion carried. Minnehaha Creek Channel Evaluation The engineer reported on his continuing investigation regarding existing channel characteristics of Minnehaha Creek. The Managers directed, the engineer to continue his evaluation and to report back to the Managers regarding'recommended action. Minnehaha Creek Improvement Project The engineer distributed a proposed timetable for final engineering and construction of the individual projects comprising the Overall Minnehaha Creek Improvement Project. Tke engineerl re- commended tkat final design be concluded during the spring of 1979, i&! Dece~er 21, 1978 Paga Four and that final estimated costs for all projects be prepared by the .engineer,s office by May 15, 1979. The engineer explained that this procedure would allow the District to advertise for bids and award a contract for construction during late summer of 1979. The engineer further recommended that construction activities be scheduled ~uring late 1979 and 1980, to coincide-with the receipt of funds by the District. Following discussion, it was moved by Russell, seconded by Lehman. that: (1) the recommended timetable for final engineering and construction submitted by the engineer dated December 21, 1978, a copy of which is attached, be approved and adopted by the Managers as the timetable for the Minnehaha Creek Improvement Project; (2).-:that.by mid-March 1979, the engineer review witk the Managers the preliminary design for the headwaters control structure and dam including the theoretical rating curve and other technical data required to complete the final design on the dam; and (3) that the president be authorized and directed to update each of the petitioning municipalities regarding the anticipated timetable for construction of the individual creek improvement projects. Upon vote, the motion carried. Minnehaha Flood Plains Zoning~ity of }{opk±ns. The engineer advised tke M~nagers regarding the current state of flood plain delineation pursuant to FIA requirements witkin the City of Hopkins. Permit Forms Revision The engineer distributed ~ revSsed permit ~ppl~c~t~on pursuant t° the direction of the Managers at the last regular meeting. Following discussion, further amendments were made to the proposed form and the engineer was directed to resubmit the proposed application form at the next regular meeting of the Managers. Water Maintenance and Repair Fund.p~o~ect/Minnetonka · The engineer indicated that the City of Minnetonka had requasted an extension of the maintenance fund allocation made by the District July 20, 1978, in the amaunt of $3,000 for plction of the Lake Windsor overflow. The eDgineer recommended December 21, 197 Page Five extension of the grant through the 1979 construction season. Following discussion, it was moved by Lehman, seconded by Palmatier that the grant previously made by the Managers July 20, 197S'to the City of Minnetonka in the amount of $3,000 for completion of the Lake Windsor overflow be extendedilthrough the 1979 construction season. Upon vote, the motion carried. EPA Storm Water Treatment F~nd Accounting The engineer reported that a request had been received from EPk regarding the status of the EPA grant project. The ~Ianagers directed the engineer to respond to the EPA inquiry. Pre.ci.pitation~Recor.dings/State Climatological Service The engineer advised that the Minnesota State Clima- tological Service had requested the District to forward to it certain precipitation data collected within the Watershed District. The Managers directed the engineer to advise the Minnnesota State Climatological Service that the data requested would be supplied by the Minnehaha Creek Watershed District. Minnesota Association of Watershed Districts Annual M~e_ting The engineer reported on the annual meeting of the Minnesota Association of Watershed Districts held December 1 and 2 in Alexandria, Minnesota. The engineer reported on the status of various reports being compiled by the Minnesota Water Planning Board. .Corps of Engineers Litigation The attorney reported that oral argument was presented to the 8th Circuit Court of Appeals sitting in St. Louis, Missouri, on December 13, 1978, on the appeal by the Corps of Engineers from th~ District Court decision previously rendered with regard to the Corps' permitting authority over the proposed headwaters control structure and other portions of the Minnehaha Creek Improvement Project. The attorney reported that all proceedings before the 8th Circuit had now been completed and that the de- cision of the Court was anticipated within the coming months. A~journment 'There being no further business to' come before the meet- ing, Chairman Cochran declared the meeting adjourned at 10:25 p.m. Respectfully submitted, H. Dale Palmatier Secretary REGULAR NEETI NG OF THE CITY COUNCIL January 2, 1979 Pursuant to due call and notice thereof, a regular meeting of the City Council of th.~ City of Mound, Hennepin County, Minnesota'was held at 5341Maywood Road in said City on January 2, 1979 at 7:30 p.m. Those present were: Hayor Tim Lovaasen, Councilmembers Gordon Swenson, Robert Polston, Benjamin Withhart and Councilmember-Elect Donald W. Ul. rick. Also present were City Manager Leonard L. Kopp, and City Clerk Mary H. Marske. INSTALLATION OF ELECTED OFFICIALS The City Clerk officially administered the Oath of Office to Mayor Tim Lovaasen, Councilmember Robert Polston and Councilmember-Elect Donald W. Ulrick. MINUTES The minutes of the meeting of December 19, !978 were presented for consideration. Councilmember Ulrick raised a question regarding the increase of dock fees. Polston moved and Withhart seconded a motion to approve the minutes of the meeting of December 19, 1978 as submitted. The vote was four J'n"fav0r,~ Ulrick abstain.. ORGANIZATIONAL MEETING Polston moved and Lovaasen seconded a motion RESOLUTION 79-1 RESOLUTION DESIGNATING BENJAMIN WITHHART AS ACTING MAYOR FOR 1979 Roll call vote was four in favor with Councilmember Withhart abstaining. Withhart moved and Polston seconded a mo~ion RESOLUTION 79-2 RESOLUTION AUTHORIZING THE MAYOR, CITY MANAGER, CITY CLERK/TREASURER AND THE ACTING HAYOR 'TO SIGN CH'ECKS " Roll call vote was unanimously in favor. Polston moved and Ulrick seconded a-motion RESOLUTION 79-3 RESOLUTION APPOINTING ~R. KEHNETH ROMNESS AND DR. CHARLES V. CARLSON AS CITY HEALTH , OFFICERS FOR 1979 Roll call vote was unanimously in favor. Lovaasen moved and Withha;'t seconded a motion RESOLUTION 79-4 RESOLUTIO;'I NA~!I,HG THE LAKER AS THE OFFICIAL NEWSPAPER FOR 'FILE YEAR 1979 Roll call vote was unanimously in favor. Ulrick moved and Polston seconded a motion RESOI.UTIOil 73-5 P, ESOLUTI,$,'i DESIG~!ATiNG OFFICIAL DEPOSITORIES FOg CI'fY FU;.~gS AMD REQUIRING APPROPRIATE SECtJ~ { TiIEREOF ~::~1] (:,~]~ vote was unani[r,.')us~'f i~ i'av~;'. January 2, 1979 Ulrick moved and Polston seconded a motion. RESOLUTION 79-6 RESOLUTION DIRECTING THE MAYOR AND CITY CLERK/ TREASURER TO INSPECT THE DEPOSITORY COLLATERAL Roll call vote Was unanimously in favor. Lovaasen moved and Polston seconded a motion RESOLUTION 79-7 RESOLUTION APPOINTING MARGARET HANSON, LORRAINE JACKSON AND RUSSELL PETERSON AS MEMBERS OF THE PLANNING COMMISSION FOR THREE YEAR TERMS Roll call vote was unanlmously in favor. Lovaasen moved and Withhart seconded a motion RESOLUTION 79-8 RESOLUTION COMMENDING HELEN NE~qELL FOR SERVICE TO THE COMMUNITY. Roll call vote was unanimously in favor. Lovaasen moved and Withhart seconded a motion .... RESOLUTION 79-9 ~ RESOL'UTION NAMING COUNCiLMEMBER SWENSON'As COUNCIL REPRESENTATIVE ~ITH THE PLANNING ' COMMISSION FOR 1979 Roll call vote was four in favor with Councilmember SWenson abstaining Withhart moved and Polston seconded a motion RESOLUTION 79-10 RESOLUTION EXTENDING THE TERM BEING SERVED BY DOUGLAS ANDERSON ON THE MOUND ADVISORY PARK COMMISSION TO EXPIRE DECEHBER 31, 1981 Roll call vote was unanimously in favor. Lovaasen moved and Polston seconded a motion RESOLUTION 79-11 RESOLUTION NAMING COUNCILMEMBER WITHHA~T AS TttE COUNCIL REPRESENTATIVE WITH THE AOVISORY PARK COMMISSION FOR 1979 _ Roll call vote was four in favor with £ouncilmember Withhart abstaining. Lovaa~en moved and Withhart seconded a motion RESOLUTION 79-12 RESOLUTION APPOINTING RUTH ~IYMAN TO THE HUMAN RIGHTS COMMISSION OF MOUND, MINNETRISTA AND SPRING PARK Roll call vote was unanimously in favor. Lovaasen moved and Polston seconded a ~otion RESOLUTIO,~I 79-13 RESOLU'FIOfl N.'~hlNG COUNCILP, EHBER ~ITHHART AS COUNCIL REP[~!!S-F_~.ITATIVE WITH tlUMAN RIGHTS COH141SION OF W3UHD, MINNETRISTA AIID SPRING PARK call vote v~as four in faw)r wi~h Cou::'.]]member N.lithl~ar~ abstaining. /77 January 2, 1979 Polston moved and Withhart seconded a motion to table the appointment of members to the Nound Youth Commission. The vote was unanimously in favor. Lovaasen moved and Polston seconded a motion to table the approval of the City Clerk/Treasurer's Bond. The vote was unanimously in favor. Lovaasen moved and Swenson seconded a motion RESOLUTION 79-14 RESOLUTION ESTABLISHING MEETING DATES AND ADOPTING RULES OF PROCEDURE Roll call vote was unanimously in favor. .. Lovaasen moved and Ulrick seconded a motion RESOLUTION 79-15 RESOLUTION NAMING WITHNART AS DELEGATE TO THE ASSOCIATION OF METROPOLITAN MUNICIPALITES AND NAMING KOPP AS ALTERNAT£ DELEGATE Roll call vote was four'in favor with'Councilmember Withha'rt abstaining. Polston moved and Lovaasen seconded a motion to table the appointment of a respresentative to the West Nennepin Human Services Board. The vote was unanimously in favor. Lovaasen moved and Withhart seconded a motion to [abl~ the appointment of a representative to the Western Area Fire Training AssOciation. The vote was'unanimously in favor. Lovaasen mo~ed and'Polston seconded a' motion RESOLUTION 79-t6 RESOLUTION APPOINTING LOVAASEN AND SWENSON TO SERVE ON THE FIRE COMMITTEE FOR THE YEAR 1979 Roll call vote was three in favor with Mayor Lovaasen and Councilmember Swenson abstaining.. Withhart moved and Lo~aasen seconded a m~tion RESOLUTION 79-17 RESOLUTION APPOINTING LOVAASEN, POLSTON AND SWENSON TO SERVE ON THE POLICE COMMITTEE FOR THE YEAR 1979 Roll call vote was unanimously in favor. tovaasen moved and Withhart seconded a motion RESOLUTION 79-18 RESOLUTION APPOINTING ULRICK AS REPRESENTATIVE TO TItE SUbUrBAN RATE AUTHORITY AND NAMING KOPP AS ALTERNATE Roll call vote was unanimously in favor. Withhart moved and Lovaasen seconded a motion RESOLUTION 79-19 RESOt. UTION APPOIHTING POLSTOI'I AS REPP, ESENTATIVE TO THE LAKE NiHNETONKA CONSERVATIOI'I DISTRICT BOARD OF REPRESE,ii'ATIVES FOR 1979 [~otl call vote was four ill f~,vor with Cou~cilmember Polston abstaining. January 2, 1979 Lovaasen moved and Ulrick seconded a motion RESOLUTION 79-20 RESOLUTION APPOINTING JOHAN BERGE TO THE HOUSING AND REDEVELOPMENT AUTHORITY TO REPLACE J. PARTINGTON FOR A TWO YEAR TERM TO EXPIRE AUGUST 30, 1980 Roll call vote was unanimously in favor. Ulrick moved and Polston seconded a motion to request' that the Council liaison submit monthly reports on committee activities. The vote was unanimously in favor. COMMENTS AND SUGGESTIONS FROM CITIZENS PRES'ENT Jim ~hitesell, 2300 Commerce Boulevard commented on the attitude of a police officer during a recent encounter. TAX FORFEIT LAND - PART OF LOT 6,.~LOCK 28, WHIPPLE Swenson moved and Polston seconded a motion RESOLUTION 79-21 RESOLUTION AUTHORIZING SALE OF PART OF LOT 6, BLOCK 28, WHIPPLE TO PAUL C. HENRY FOR $1,285. The vote was four in favor with Ulrick voting nay. BINGO PERMIT Swenson moved and Polston seconded a motion RESOLUTION 79-22 RESOLUTION AUTHORIZING I'SSUANCE OF A BINGO PERMIT TO OUR LADY OF THE LAKE CHURCH FOR '1979 WAIVING THE FEE'AND BOND REQUIR£MENTS. The vote was unanimously in favor. L.T.D. INSURANCE Swanson moved and Polston seconded a motion ~EsOLUTION 79-23 RESOLUTION APPROVING THE ADDENDUM TO THE SPECIFICATIONS FOR LONG TERM DISABILITY GROUP INSURANCE. The vote was unanimously in favor.. PAYMEHT OF BILLS Swen~on moved arid Polston seconded a motion to approve payment of bills as submitted on the prelist in the amount of $98,797.33 where funds are available. Roll call vote was unanimously in.favor. I NFORHAT I ON HEP, ORANDUMS Cross ¥1alk Flashers ¥1ithhart moved and Ulrick seconded a raotion to request the staff to prepa~'e a re:solution to be directed to the League of Hinnesota Citims and th.~ Sta~c~ legislators regarding cross ~alk laws. The vote was unanimously in favor. COHTI FIE~!TAL W: ::hhe~rt mov,':,d a;-~d Polston s~;cor~de;! :; n:otion to author~7,~ the City t~, prepare re, r::t~re~c.~t the Cit'y at t~e schede]c:d h<~ari~j o[~ th~ C~,: ~inen~'~.:1 t~:iept~o;~e r;~L~: .rc~alig~n>:~r~t:. Th~: voL~ ~,-~a~ unanin:o;:zly in favor. ..r January 2, 1979 Union Contract Saiarles Polston moved and Withhart seconded a motion RESOLUTION 79-24 RESOLUTION AUTHORIZING A SALARY INCREASE FOR UNION EMPLOYEES OF 8.5% TO BE ADJUSTED RETRO- ACTIVE TO JANUARY 1, 1979 UPON SETTLEMENT OF ACTUAL PERCENTAGE INCREASE BETWEEN UNION AND MANAGEMENT The vote was unanimously in favor. ADJOURNMENT Swenson moved and Polston seconded a motion to adjourn to the next regular meeting on January 9, 1979 at 7:30 p.m. The vote was unanimously in favor, so adjourned. Mary H. Marske, City Clerk/TreasUrer Leonard L. Kopp, City Manager 1-2B-79 CITY OF MOUND Mound, Minnesota January 8, 1979 INFORMATION MEMORANDUM NO. 79-9 SUBJECT: Park Construction Schedule The Council requested a construction schedule for the work in Doone, Island Park, Three Points and Avalon Parks. Attached is a detailed schedule of the work and its estimated completion date. In Island Park and Three Points, the estimated construction cost exceeds funds available from H.U.D. cc: Shanley Park Commission ' McCOMBS KNUTSON ASSOCIATES INC. Reply To: 12805 Olson Memorial Highway Minneapolis, Minnesota 55441 (612) 559-3700 January 4, 1979 Mr. Leonard Kopp City Manager City of Mound Mound, Minnesota Subject: City of Mound Park Improvement Schedule Dear Mr. Kopp: As requested, we have prepared a tehtative park improvement 'schedule. The schedule was worked out by Otto Christianson, Bob Shanley, Chris Bollis and myself. The Council may wish to change the order of some of the proposed work to conform to budget limitations. The money available for park construction from the HUD Community Development Prggram is listed below. Doone Park Island Park Park Three Points Park Avalon Park $ 808.36 $35,006.00' $32,000.00 $10,000.O0 The proposed improvements to Island Park Park and Three Points Park are based on the plans prepared by Otto Christ]anson. If you have any questions on this, we will be please to discuss this further with you at your convenience. Yours very truly, McCOMBS-KNUTSON ASSOCIATES, INC. Lyle~;wanson, P E LS:jl Enclosure * Hinus Widmer's cost for leveling fill. Minneapolis - Hutchinson - Alexandria - Granite Falls 0 0 0 0 0 0 '-1 r' 0 r~ C ro u~ u~ 0 --1 0 0 0 L~ 4/3- 0 0 0 o~ 0 ('4 0 0 0'~ 0 ¢' C~ ~0 ~- 0 0 0 0 0 ~] 0 0 0 ! = 0 L O 0 ~ 0 0 0 0 0 L~ 0 U C 0 ~ 1 23-79 CITY OF MOUND Mound,.Minnesota January 10 1979 INFORMATION MEMORANDUM NO. 79-10 SUBJECT: County Road 110 Construction The County was in to discuss construction of County Road 110 in 1980. The discussion was on bikeways, City light system, watermains, sewer mains and parking lots. Bikeways The County plans on constructing a 52 foot wide street with a 5 foot wide 4 inches thick bikeway on both sides of the street. The bikeway will be 4 feet back of the curb. We concurred with the bikeways which will be constructed from Grandview to the City limits on the West side of the street and Indian Knoll Manor to the City limits on the East side of the street. The City will have to pay 50% of the cost which can be paid from State Aid funds. If present concrete sidewalks are removed they will be replaced with concrete as part of the project City Light System Some of the fluorescent lights will have to be moved and the aluminum underground wires should be replaced. All of this is a City cost. In order to properly coordinate the construction project we asked that the County include the work in the construction plans and the City would reimburse the County. Funds will have to be found for this somewhere. Water System The water line from Grandview to Lynwood has experienced 18 breaks and much of it should be replaced. Some hydrants will have to be moved and at least one hydrant should be replaced. Also there is a 10 inch main from Grandview to Well No. 4 in Three Points and a six inch main from Grandview to Well No. 1 at Auditor's Road. If this watermain is to be replaced, a determination should be made whether to replace the main with a 6 inch main or a 10 inch main. By co~v of this memorandum, we are asking the Engineer to make a report on the Water System so the Council can determine what should be done. Here again, we suggested the watermain replacement and hydrant work be con- tracted by the County so the construction can be properly coordinated. INFORMATION MEMORANDUM NO. 79-10 SUBJECT: Countv Road 110 Construction - Page 2 Sewer Mains Prior to construction, these sewer mains should be televised and the mains repaired, if necessary, prior to the street construction~ If not done by construction time. probably the County should contract for these also Parking Lot When the new curbs are constructed, this would be the time to realign the Commerce Boulevard ingress and egress from the City parking lot and have asked the County to work with Lyle Swanson on this. If the Council disagrees with what has been tentatively agreed to with the County, we should make the changes as soon as possible. Hopefully this can be discussed on January' 23. cc: Engineer i-23-79 CITY OF MOUND Mound, Minnesota January 8, 1979 INFORMATION MEMORANDUM NO. 79-12 SUBJECT: 1979 Mill Rate We have been advised that the 1979 Mill Rate will be 14.0027 made up as follows: General Fund 9.740 Park & Recreation .937 PERA 1.319 Fire Relief .646 Diseased Trees 1.022 Bond & Interest .221 Special Assessment-City Prop. .117 Total 14.002 Leof~ard L. Kopp / ,~ - .- .. ~, ~ ,.' // '-72 .. 4 ._ _ ! ON I..~K]~ MINN}~r'ONKA INBIAN I~URIAL ~III- ' - - ~ - -' II II II I II I III I I I II I/ I . Ir.II iii 534:]. ~l,~.¥WOOE:) P,O~D TELE:PHONE ~OU~, ~$OT~ ~53~ (~2) ~7~-~5 January 12, 1979 TO: F ROM: SUBJECT: The City 'Council The Planning Commission The City Manager Signs and Billboards There has been a great deal of discussion over the CitY's sign ordinance. St. Louis Park recently ran a survey on signs and billboards (see copy attached). LLK/ms cc: Riesenberg Truelsen Pearson City of St. Louis Park Planning Department SIGN AND BILLBOARD SURVEY In March of 1978, the City Planning Department of St. Louis Park conducted a sign and billboard survey of several suburban metropolitan communities through the use of a questionnaire which Was intended to identify the manner in which communities permitted:~or prohibited rooftop signs and billboards and any procedures for phasing out such signs. The questionnaire was submitted to 46 communities, of which 41 communities responded. The survey results have been compiled and are summarized as follows: Bi 11 boards Permitted: No. of Communities. In Residential Districts In Commercial or Industrial Districts By Special Permit in Business or Industrial Districts 1 21 1.2 Not Permitted: '11 Amortization Ordinance:~ 4 Permitted: Rooftop S,i gns In Residential Districts In Commercial or Industrial Districts By Special Permit in Business or Industrial Districts Not Permitted: Amortization Ordinance: No. of Communities 3 17 5 17 5 Sign and Billboard Surve~ page two Billboards The following cities permit billboards in all zones: 1. Hopkins The following cities permit billboards in commercial zones: 1. Richfield 2. Blaine(up to 300 square feet) 3. Arden Hills 4. Anoka 5. Coon Rapids 6. Plymouth 7. Brooklyn Park 8. Minnetonka 9. Robbinsdale 10. Crystal ll. New Hope 12. Shorewood 13. Shoreview 14. Mendota Heights 15. Fridley 16. Inver Grove The following cities permit billboards by special permit or by other special conditions: 1. Bloomington 2. Blaine (over 300 square feet) 3. Woodbury (only along freeways 1-494, 1-94, 12) 4. Maplewood 5. Chaska 6. Columbia Heights 7. Cottage Grove 8. White Bear Lake (freeways and by special permit in business and industrial) 9. Forest Lake (special permit in manufacturing) 10. Mound (in industrial) 11. Minnetrista (in commercial and industrial along highways) 12. Eden Prairie The following cities do not permit billt~oards: 1. Wayzata 2. Orono 3. North St. Paul 4. Moundsview 5. Burnsville 6. St. Anthony 7. St. Paul Park 8. Edina 9. Apple Valley 10. Ci~lanhassen 11. Golden Valley Sign and Billboard page three Rooftop Signs, The following cities permit rooftop signs in all districts: 1. Richfield 2. Hopkins 3. Forest Lake The following cities permit rooftop signs in commercial and industrial districts: ~' 2. 3. 4. 5. 6. 7. 8. 9. l0 II 12 13 14 15 16 Wayzata Bloomington Blaine Moundsview Anoka St. Anthony Chaska Crystal Hopkins Shorewood Shoreview Forest Lake Apple Valley Mound Fridley Inver Grove The following cities permit rooftop signs only by special permit: 1. Maplewood 2. St. Paul Park 3. White Bear Lake 4. Mound (over 9 square feet) The following cities prohit rooftop signs: 2. 3. 4. Orono North St. Paul Arden Hills Coon Rapids Woodbury Burnsville Plymouth Brooklyn Park Minnetonka Robbi nsdal e New Brighton Columbia Heights Cottage Grove New Hope Edina Hendota Heights .qi nne Lri s ta E,~len Prairie Chanhassen Gnl ~'tgn Vnl 1.~u Sign and Billboard Survey page four Some cities indicated that new sign ordinances were being ~repared. The survey included only existing ordinances; therefore, it reflects ordinance regulations as they existed in March of 1978. Attached is a copy of the sign and billboard questionnaire. TO: FROM: SUBJECT: Cathy S. Armajani, Animal Control Warden The City Manager · Commendation In looking at the year end figures, I find that you and other officers handled 1705 animal complaints in 1978 compared to 586 in 1977. ' This is a 291% increase; almost three times as many. Z am well aware that a great percentage of the 1705 complaints were handled by you. Your skill at handling the animals and their owners have greatly relieved the numerous complaints we used to receive relative to animals at large. wish to formally commend you for an exceptionally good job in view of a difficult situation. .... Leonard L. Kopp /~-- LInK/ms cc: Police Chief City Council 534:[ MAYWOOD ROAD tVIOUND, MINNESOTA 55364. INDIAN BURIA~. MOUNDS TELEPHONE (612) 472-1155 January 11~ 1979 Mr. Herbert Klossner Director, Transportation Department 320 Washington Avenue South Hopkins, MN. 55343 Dear Mr. Klossner: The Mound Council over several weeks has been discussing the traffic and pedestrian problems on County Roads 110 and 15 in the business district. The Council requested flashers be gotten on the cross walk .signs. Dennis Hansen in his letter of December 18th advised against flashers. To date~ no one has been killed, but there have been some close calls. Also, there has been much discussion relative to accidents in the business area and, of course, the by-pass on county Road 15, Attached is a copy of an accident survey made by our Police Chief. The City Council after discussing the cross walk flashers and the accident report passed a resolution requesting the County to do a complete traffic study on County Roads 15 and 110 within the Central Business District. The Central Business District is defined as the land. along County Road 15' from Hidden Vale Lane to 200 feet West of Commerce Boulevard (County Road 110) and along County Road 110 from the Methodist Church. on the North to Williams Store on the South, The City of }4ound would greatly appreciate a traffic study and suggested changes that can be made to make .it safer for'pedestrians and drivers. Do we need dividing islands with a safety island for the pedestrians? Do we need more traffic signal as at the T intersection? Or what should be done? Tile other question I have is, "How do we 'once again get the County· Road 15 by-pass back on the budget track and under construction?" I shall look forward i-o your reply. Cit,_/ Coun,':i]; J. '' ..... -~ ~" /37