Loading...
79-05-22 CITY OF MOUND Mound~ Minnesota AGENDA 7:00 P.M. CM 79-175 CM 79-169 CM 79-173 CM 79-167 CM 79-177 CM 79-171 CM 79-170 CM 79-176 CM 79-172 CM 79-174 CM 79-165 CM 79-166 Mound City Council May 22, 1979 City Hall BOARD OF REVIEW (Reconvenes) COUNCIL MEETING 1. Minutes Pg. 1419-1427 2. Public Hearings A. A1 & Alma's Special Use Permit (Continued) B. Street Vacations Pg. 1417-1418 17 Carnarvon Lane-Wilshire to Denbigh 2. Kinross .Lane-Alexander to Dundee 3. Shorewood Lane-5 feet on each side between Resthaven and Lakeside C. Dove Lane Sewer Project Pg. 1416 D. Delinquent Utility Bills Pg. 1414~1415 3. Streets and Utilities A, Street Construction Pg. 1411-1413 B. Bids-1979 Street & Storm Sewer Construction Pg. 1410 Ct Request for Watermain Extension Pg. 1407-1409 4. Commission Minutes A. Park Pg. 1397-1406 B. Planning Pg. 1395-1396 5. Comments and Suggestions by Citizens Present (2 Minute Limit) 6. Licenses and Permits A. Commercial Dock Permits Pg. 1374~1394 B. License Renewals Pg.~I1373 7. Ordinances A. Ordinance Change - Chapter 51 Pg, 1366-1372 B. Ordinance Change - Section 25,06 Pg. 1363-1365 8. Acting City Manager Pg. 1362 9. Payment of Bills 10. Information Memorandums/Misc. 11, Committee Reports A. Lights on Commerce B, Welcome Signs C, Other Pg? 1340-1361 Pg. 1428 '2. I~ETROPOLITAN C0~{CIL B.~ GENERAL CRITERIA That funds be allocated by planning area based on: Fully Developed Areas Area of Planned Urbanization Freestanding Growth Centers Rural Area 49% 34% 11% 6,% (max. $100,000) That housing performance be applied as one-third weight in the final staff rankings. That there be a grant maximum of $200,00D in the Fully Developed Areas, $150,000 in the Areas of Planned Urbani- zation, and $100,000 in the Freestanding Growth Centers and Rural Areas. That, recognizing the need for flexibility in administering the grants, the State Planning Agency has the discretion of approximately 10%in excess of the grant maximum and that the State Planning'Agency report annually to the Co-',,',ission as to the impact of the grant maximum limitation and excep- tions needed. That there be a limit of one grant per community in all areas but the Fully Developed Area with the exception noted in Recommendation No. 10 below. That in the event any Policy Planning Area ha~ unused funds after all quality-projects (over 60%) are funded, the excess shall be redistributed to the other Planning Areas in pro- portion to the Policy Area Allocation Percentages (No. 1 above) .. That the recreation criteria be applied and that a project · must receive 60% or more of the available points to be considered for funding.*- That the recon~nended project review criteria shown on Attach- ment A serve as the basis for the recreational criteria ranking. That applications which meet the geDeral development guide- lines for boat launches on the lakes identified on Attach- ment F be given priority for funding in the appropriate Planning Area. That a community with a boat launch project ranked for funding also be eligible for an additional project grant. Sixty percent is the suggested "quality threshold". The staff will evaluate the suitability of the sixty percent "cut-off" after reviewing the applications and may recommend appropriate adjustments. NEED FLE__TMOPOLIT.k[_~ C OUN_~C I_~.L CON/LCMR'PROJECT REVIEW CRITERIA FISCAL YEAR 1980 Local 1. Service Area a. Distance b. Population 2. Accessibility 3. 4. Uniqueness of Project in System Relevance to Service Area Population a. Demographic Chart b. Service to Predominant User Groups 5. System Areas (Based on acres per 1,000 Population) B. Non-Local II. SITE SUITABILITY/DESIGN A. Suitable for Intended Use 1. Topography 2. Vegetation .B. Suitable for Mu!tiole Activities and Multi-Season Use C. Site Develooment Plan Available D. Design Relationships 1. Use Conflicts Minimized 2. Area Layouts Meet Design Criteria for Intended Use 3,, Little or No Effort Needed to Correct Landscape Problems E. Environmental Relationshios 1. Intrusions on Site from Surrounding Area III. ABILITY TO MAINTAIN PROGRAM A. Park Maintenance 1. Park Maintenance Staff B, Program 1. Recreation and Park Staff 2. Program History IV. OTI{ER FACTOP~ A. Fiscal Condition (Effort) B. Plannins. Condition 1. C.I.P. Budget Adopted-Project Included 2. Resource Regulations in Effect 3. Citizen Participation C. Special Emohasis I. Improves Health/Safety Factors of Site 2. Protects or Provides Access to Significant Natural Environment or Scenic Resources 3. Immediate Action Necessary 4. Increases Usability for Elderly/HandicappeR 20 20 5 10 40 15 10 10 i0 15 25 15 20 10 10 15' 10 ' 20 3O 5 1.0 5 5 15 10 10 TOTAL 125 115 45 9O 375 .......... o.~0~ o'I~''''''~'`' ................... ~a ~n~a 'ms 'O ' 08 0'1:7, 0 0'~ 0'~ 0'~ O'f~ 0'~ 0'6E ~'0~ XIOIID HDtf~tEt ' O'OS EEO ' 0,99 3qVOSNISBOH/" O°i9 YNSVH3 -" q~V.d 15 SINIOd AAINflZNO3 S1NIOa illNnwwoo COMMUNITY NE~ P OB T ! 7 . 0 LOP E TTO 1 D_ . O EAST BETHEL 1G.O WHIT5 BEAR LaKE TWP 12,,0 MAYER ' 1G.O SPRING LAKE TWP YOUNG AMERICA 1G.O ST LAgRENCE TWP V~TOR~A ~.0 GREY CLOUD ~. T~P COLOGNE 1 6.0 LAKELAND ~AM~U~(~ ' ' ' ~b'.U WACONIA 'rwP LL..O NEW TRIER ~6.0 RAVENNA T'WP 1~.0 HANOVER {PART) I6.0 ROCKFORD (PART) I1.0 BELLE PLAINE ZG.0 MEDICINE LAKE BAYmORT 16.0 LOUISVILLE TWP 11 RuG~ i~.0 ' NEW MARKET TWP MENDOTA HEIGHTS " ~.~ BL'A~ELY TWP - HILLTOP ~ ~J- ]"~5..0~ HELENA TWP ll.O L~NwOOu T~ i~.0 bR~NT TW~ II.O BENTOM TWP 15.0 BURNS TWP HOLLYWOOD TWP 15.0 INDEPENDENCE lO.O WILLERN~E 15..0 DENMARK TWP lO.O NEW SCANOIA TWP 15.0 LANDFALL OAK ~ROVE TWP 1~ BAYTOWN TWR 10.0 CAMDEN TW~ 1~.0 SCIOTA TW~ 9.0 ' ' NO~Wuuu . i~.~ MEOiN~ 9.0 SAN FRANCISCO' TWP '--1:~0: FALCON HEIGHTS GREENVALE TWP 'm: ~.O~ -: MAr T~P' - SAND CRE~K TWP 1~.0 TONKA BAY ELKO 14.0 LAKETRWN TWP 7.0 DAYTON_ -. 1'4.,0 COLUMBUS T'WP DAHLGREN' TgP' 13.0 LAKELAND SHORES 5.0 BELLE PLAIME TWP 1~.~ DEEPHAVEN MaHTDMEDI 13.0 -CREDIT' ~iVER TwP BIR CHWOOD 13.0 OELLWOOD 3. CENTERViLLE i2.0 PINE SPRINGS BETHEL I2.0 NORTH-'O'A~S ' ' ' GR EENFI~LD ....... !_ 2.,]0 .........l'] L..Y~ ~LE .... 1. ~he abo~e table i:dicates the points that ~ill be utilized-fo determi~i~B the bousi~B ~a~kio~s. ~bis bousi:B r~oki~8 is a o~e-third ~eisbC i~ the e If you have questions or potential changes in your community's point totals, these must be made by June 29 for consideration in the FY 1980 grant pro- cess. NO CHANGES will be considered after June 29, 1979. 5 Specific questions or information concerning this table should be directed to either Audrey Anderson (291-6380) or Chuck Ballentine (291-6381) of the Metropolitan Housing staff. I,O 0 ~o -,~ o o I o METROPOLITAN COWCI~, D. DEMOGRAPHIC PROFILE P~EASE COMPLETE A'ND RETURN WITH .... A,-P~F..L I C A T I O N Project Name Classification (see 3.a. below): Service and Date of Data: A. Profile CLASS AGES (YEARS) NUMBER PERCENT Pre-Teens 13 or under Teens 14 to 19 Young Adults 20 to 34 Middle-Aged Adults 35 to 59 Senior Citizens 60 or over TOTAL .... 100 B. Explanation: 1. ~at you need to provide - the total population, broken down By the a~e classes given above, for the service area of th~ oro~ect bein~ proDosed. 2. Why you need to provide it - a portion of the points awarded for need will be awarded on the basis of service area population and the way the proposed project appears to serve the various age groups in that service area. Failure to include this information will result in no ~oints being awarded for these aspects of need. 3. Items to remember: a. The figures must refer to the service area of the proposed project. Ideally, the service areas of projects are as follows: Neighborhood Park/Playground ................ 1/4 to 1/a mile radius Community Park/Playfield ................ .... l'to 1-1/2 mile radius ' Community 'Special Use Facility ............... 1 to 1-1/2 mile radius Local Trail Corridor ........................ i/4 to 1/2 mile either side of trail However, local conditions may mean the service area of a given facility is larger or smaller than the standard given here. The important point is that the population figures should refer to the population that will be served by the project, not the population of the whole city or tow~. b. The age breakdown is based on U.S. Census age tabulations. Ideally, your information'should also be tabulated this way. However, it is the general groupings that ara important (pre-teens, teens, etc.). If your data varies by a couple of years either way, this is not a problem. Where you can get the information: a. School Districts - many districts conduct their own census for planning purposes. are generally broken down by age. These figures bo City Planning Department - as part of the Comprehensive Plan for the city, the planning or community development department may have collected recent information on population changes in the community. At the least, some estimate of change should be available. Previous Surveys or Census - in some cases, no current data (collected within two to three years) is available. Older data can be used, but there must be some qualifying statement as to how you think the population has changed since the data was collected. For example, if you use the 1970 census as your source, you should have a good statement attached showing what has happened to that population since 1970. This change should be reflected in the figures you submit. Item Two - Opera,ins Costs - 1979 a. Include all parks and recreation operating expenditures. Adm/nistration Fark Maintenamce Equipment Maintenance Programs/Activities Park Forestry and Tree Disease Control Other Operating Costs TOTAL OPERATING COSTS Minus operating cost for revenue-producing facilities: Golf Courses Ice Arenas Others: (specify) .$ $ $ TOTAL $ ATTACH~f E Fart 2 of 3 Item Three - School District Involvement - 1979 In order to avoid penalizing those communities where a large amount of recreation ~xpenditure is funded through school district involvement, community education pro- gramming with regard to recreation will be considered along with city expenditures. Community education expenditures should be pro-rated according to the percentage of the school district population in your community. List all school districts that may be involved in the community separately, along with the corresponding recreation expenditures. Please include only recreation expenditures and not total community education expenditures. School Total Rec. Expenditures X Percent Applicable to = Applicable District No. for the District City Makin~ Application ExpenditureS $ z $ TOTAL APPLICABLE RECREATION EXPENDITURE Part 3 o~ 3 FISCAL EFFORT WORKSHEET ,, For each school district'reported, please indicate expenditures in the following areas'only as applicable to your community's percent of the total school district .expenditure. ..... District No. District No.' District No. Administration and Supervision of Recreation Programs Operation of School Buildings as Community Recreation (only extra costs required entirely as a result of recreation use.) $ * Recreation Programs/Activities $ * Other Costs (specify) $ IO~AL $ $ $ $ $ $ $ Map No. 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14.' 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. Lakes for Public Access LAWCON/LCb~ Priority Ranking* Lake & County Ann, Carver Bass, Hennepin Bone, Washington Burandt, Carver Clear, Washington Crooked, Anoka DeMontreville, Washington Dutch, Hennepin Glen, Hennepin Jane, Washington Josephine, Ramsey Langdon, Henn~pin Little Long, Henneoin · Long, HennePin Lotus, Hennepin Lucy, Hennepin Miller, .Carver Mitchell, Hennepin Netta, Anoka Olson, Washington Orchard, Dakota Pine Tree, Washington Sunset, Washington Thole, Scott UpPer Twin, Hennepin Virginia, Carver Acreage 120 175 206 138 4O0 130 156 170 170 159 110 168 104 279 254 '137 145 116 162 100' 243 174 124 131 130 239 ATTACHmeNT F Part 1 of 2 The lakes are listed alphabetically with the map number being the key to the lake location on the attached mao. /977 XJ~punoR d!qsu~o.L Xaspuno8 ied!3!un~ ~punoB X~uno0 'seuepuno8 leO! !lOd ¥=1t:::1¥ NYJ. i'~OdOI:::[.I.:JIA! S:IIJ. IO NINLL 8L'dny . I I' 1- I I 'O:D Y/O)4YCJ 6~ NOI~NIHSYM s]#ta ODS .-J 'OD ~o $ snap'no '03 Y~ONY I I 'OD NlclqNN:IH t OJSSO ~ 3^OaO xvOj I SNan8 f LAKE MINNETONKA CONSERVATION DISTRICT SPECIAL MEETING LMCD OFFICE, 402 EAST LAKE STREET, WAYZATA, MInnESOTA May 5, 1979 A special meeting of the Lake Hinnetonka Conservation District was called to order by Chairman Paulus at 7:35 a.m., Saturday, May 5, 1979 at the LMCD Office, 402 East Lake Street, Wayzata. Members present: Thomas Maple (Deephaven), Robert Brown (Greenwood), David Nixon (Laketown Township), Robert Pillsbury (Minnetonka), David Boles (Minnetonka Beach), Norman Paurus (Orono), Frank Hunt (Spring Park), Ed Bauman (Tonka Bay), and Robert Slocum (Woodland). Communities represented: Nine (9). The Board discussed Woodend Shores Beach Association's conforming dock plan "P" which is based on the 929.4 shoreline and submitted in con- junction with their 1979 dock license application. Maple Moved, Brown Seconded, that the 1979 dock license application for Woodend Shores Beach Association, using site plan "P", be approved. Motion, Ayes (9), Nays (0). ADJOURNMENT: Brown Moved, Bauman Seconded, at 8 a.m., that the meeting, be adjourned. Motion, Ayes (9), Nays (0). CALL TO ORDER ATTE~ANC] WO6DEND SHORES BEACH ASS ADJOURNED Submitted by: Jerry Johnson, Secretary Approved by: Norman W. Paurus, Chairman /Y'77 LAKE MINNETONKA CONSERVATION DISTRICT REGULAR MEETING GRAY FRESHWATER BIOLOGICAL INSTITUTE, NAVARRE, MINNESOTA April 25, 1979 The regular meeting of the Lake Minnetonka Conservation District was called to order by Chairman Paurus at 8:05 p.m., Wednesday, April 25, 1979 at the Gray Freshwater Biological Institute, Navarre. Members present: Jerry Johnson** (Excelsior), Robert Brown (Greenwood), David Nixon (Laketown Township), David Boies (~innetonka Beach), Walton Clevenger (Minnetrista), Norman Paurus (Orono), Robert Naegele* (Shore- wood), Frank Hunt (Spring Park), Ed Bauman (Tonka Bay), Richard Soderberg (Victoria), Robert MacNamara (Wayzata), and Robert Slocum (Woodland). Communities represented: Twelve (12). * **Arrived late. CALL TO ORDER ATTENDANCE Bauman Moved, Hunt Seconded, that the minutes of the March 28, 1979 meeting, be approved. Motion, Ayes (10), Nays (0). MINUTES Hunt Moved, MacNamara Seconded, that the Treasurer's report be approved and .the bills paid. Motion, Ayes (10), Nays (0). TREASb~ER'S REPORT WATER STRUCTURES & ENVIRONMJ~NT COMMITTEE: Brown reported that the com- mittee reviewed the public hearing report for Cargill/Doherty (Victoria Estates) new dock license and recommended approval of the application. 1979 DOCK LICENSES: Brown Moved, Bauman Seconded, that the new dock license application for the Cargi!l/Doherty development on North Arm, be approved. Motion, Ayes (11), Nays (0). CARGILL/ DOHER%Y Brown reported that the 1979 dock license applications for Foxhill, Mai Tai (amendment) and Pemtom/Eagle Bluff, were reviewed, and that remommen- dations of the public hearings will follow. The committee reviewed and recommended approval of dock license renewal applications for Tipi-Wakan, Surfside and Tonka Bay Marine, as stipulated. Brown Moved, Bauman Seconded. that the 1979 dock license renewal applica- tion for Surfside be approved subject to the stipulation that a certified "as-built" and a setback agreement with Mound, be furnished.prior to the 1980 boating season. Motion, Ayes (9), Nays (2), Naegele and Hunt voting Nay. SURFSIDE Brown Moved, Bauman Seconded, that the 1979 dock license renewal applica- tion for Tonka Bay Marine, be removed from the table and approved. Motion, Ayes (11), Nays (0). TONKA BAY MARINE Brown Moved, MacNamara Seconded, that the 1979 dock license renewal appli- cation for Tipi-Wakan Apartments be removed from the table and approved. Motion, Ayes (10), Nays (0), Abstains (1), Nixon abstaining. TIPI- WAKAN Brown reported that the committee reviewed the 1979 District Mooring Area permit application for Lord Fletcher Apartments and recommended approval. Brown Moved, Hunt Seconded, that the 1979 District Mooring Area Permit application for Lord Fletcher Apartments, be approved. Motion, Ayes (11), Nays (0). DISTRIC~ MOORING AREA: LORD FI.ETCHER APTS. LMCD Board Minutes April 25, 1979 Page 2 The hearing panel reviewed the 1979 dock license application for Loring Acres Beach Association and had requested clarification of certain matters by the attorney. The attorney reviewed the issues at hand. Hunt Moved, Brown Seconded, that the 1979 dock license application for Loring Acres Beach Association be approved as a renewal application, with specific documentation to the licensee that no grandfathering or vested rights are being conveyed. Motion, Ayes (12), Nays (0). Brown reported that after review of the status of the interceptor system on the Lake, the committee requested a survey of those areas presently served by on-site septic systems in the Lake drainage basin.' After review of the handling of a recent oil spill resulting from the overturn of a fuel oil delivery truck, the committee requested that a letter be drafted to the PCA, and a procedural memo be directed to all responsible agencies in the District. The committee will seek information relative to the availability of EPA grants for its water quality management program. The committee directed that a letter be drafted for Board consideration concerning the necessity of EQB involvement in applications on the Lake. Brown Moved, Hunt Seconded, that the committee report, be accepted. Motion, Ayes (12), Nays (0). LAKE USE COMMITTEE: Bauman reported that the committee discussed the request by the Coast Guard Auxiliary that, due to the recent acquisition of radar equipment by the Water Patrol, a measured test course be es- tablished on the Lake, to determine motor boat speeds. Bauman Moved, Paurus Seconded, that the Sheriff designate a measured test course on the upper Lake and on the lower Lake, based on the existing buoy system and/or on shoreline features. Motion, Ayes (12), Nays (0). Bauman reported that the committee requested a buoy placement history of the Seton Channel area to help determine the need for change which had been request~d; the Board reviewed the history. Paurus Moved, Hunt Seconded, that a resolution be prepared to designate the relocation of the Slow Buoy from the Seton Village east lot line extended, to the west lot line (to be visible from the channel), in the Seton Channel for the 1979 boating season. Motion, Ayes (12), Nays (0). In response to a letter of request that the District establish a Q.W. area, or institute other control devices, along the north shore of Big Island, the committee recommended that since current regulations pro- vide adequate protection for the area at this time, no Q.W. is needed but that the Water Patrol be requested to increase its enforcement activity in this area, and that the applicant be so notified. The committee reviewed and recommended for approval with stipulations the 1979 race schedule applications. LORING ACRES DOCK LICENSE SEPTIC SURVEY OIL SPILL REPORTING PROCEDURE WoQ. GRANTS EQB APPLICATION: TEST COURSES SETON BUOYS BIG ISLAND TRAFFIC 1 LMCD Board Minutes April 25, 1979 Page 3 MacNamara Moved, Nixon Seconded, that the 1979 consolidated race schedule for the lower Lake be approved with the following stipulations: That course locations not interfere with Spirit Island or West Point Passage, and that starting times for each class be lengthened to ten-minute intervals for races through the West Point Passage, to relieve congestion; 2. For any Big Island race, that boats run, rather than beat through, West Point Passage; 3. That sailboats, during races, are exempt from speed restrictions while passing downwind through the West Point Passage; That the Minnetonka Yacht Club (a) use LMCD approved and specially designed taxi boat flags for each event; (b) that license numbers of taxi boats be provided to the Water Patrol and to the LMCD; (c) that the club make provision for extra Water Patrol services, coordinated with the county, during periods when taxi boats are in service; and (d) that theclub use Cottagewood shore for tem- porary regatta moorings; 5. Approval is subject to receipt of regatta schedules; and 6. That the clubs again be commended for their cooperalion in co- ordinating racing schedules. Motion, Ayes (12), Nays (0). }~cNamara Moved, Slocum Seconded, that the 1979 race schedule for the Upper Lake Minnetonka Yacht Club be approved with the stipulation that race courses be laid out so that they do not interfere with regular boating traffic in the Casco Point area. Motion, Ayes (11), Nays (0), Abstains (1), Soderberg abstaining. An outline of the proposed comprehensive Lake Management Program was accepted by the committee for review and development of chapter summaries. The committee wishes to continue its Lake Use Study in 1979 with two recommendations. Johnson Moved, Nixon Seconded, that the Lake Use Study be continued in 1979 with the same program as in previous years except (a) to distin- guish between the launching ramp activity and the dock activity at marinas, and (b) that a letter be sent from the committee chairman to. the marinas involved, requesting cooperation in the study. Motion, Ayes (12), Nays (0). The committee accepted the Water Patrol consolidated activity report for the years 1975, 1976, 1977 and 1978, and a summary report of Lake accidents for the years 1976, 1977 and 1978. Summaries from earlier years are expected later, and the entire matter will be reviewed with both committees. CONSOLIDATED RACE SCHEDULES U.M.Y.C. RACE SCHEDULE CO~REHENSI% PROGRAM 1979 LAKE USE STUDY W.Po ACTIVITY REPORTS I,/ LMCD Board Minutes April 25, 1979 Page 4 Soderberg Moved, MacNamara Seconded, that the committee report, be accepted. Motion, Ayes (12), Nays (0). CODE AMENDMENT: The second reading was given as modified, of the proposed Code amendment relating to non commercial dock structures over 100'. Brown Moved, MacNamara Seconded, that the third reading be waived and the amendment relating to the authorized dock use area, be adopted. Roll Call, Ayes (6), Nays (6) (Nixon, Boies, Paurus, Hunt, Soderberg, and Slocum voting Nay), motion failed. Nixon Moved, Hunt Seconded, that the third reading and proposed ordinance change receive no further consideration. Motion, Ayes (7), Nays (5), Johnson, Clevenger, Naegele, Bauman and MacNamara voting Nay. OTHER BUSINESS: The attorney reported that the appeal of the Corps of Engineers in our suit with others against them for jurisdicition on the Lake, has been determined in the U. S. Court of Appeals in St. Louis, with~the result that the District Court's decision has been upheld in part and denied in part: (1) the Court of Appeals has upheld the Dis- trict Court and denied the CoE authority on the Lake under the Rivers and Harbors Act of 1899; therefore, the CoE does not have any authority to regulate dock construction on the Lake; and (2) the Court of Appeals has reversed the District Court's order on Watershed matters and upheld the CoE, which means that the Corps does have authority and may issue permits for dams and riprapping under the 1972 Federal Water Pollution Control Act. Copies of the decision of April 23, 1979 will be sent to all Board members. The county requested that its service boat be stored at the Greenwood Marina again this year. Johnson Moved, Bauman Seconded, that Hennepin County's application to store its Lake service boat at the Greenwood Marina for 1979 (in addition to the 110 boats licensed at that facility), be approved. Motion, Ayes (12), Nays (0). It was announced that the ~MCD Annual Dinner will be held on Thursday evening, as previously noted, at the Belle Aire Yacht Club. ADJOURNMENT: Bauman Moved, MacNamara Seconded, at 10:10 p.m., that the meeting, be adjourned. Motion, Ayes (12), Nays (0). CODE AMENDMENT DECISION: SUIT VS. CoE COUNTY SERVICE BOAT ANNUAL DINNER ADJOURNED Submitted by: Jerry Johnson, Secretary Approved by: Norman W. Paurus, Chairman 7¥73 MINUTES OF THE REGULAR MEETING OF THE BOARD OF MAIqAGERS OF THE MINNEHAHA CREEK WATERSHED DISTRICT April 19, 1979 .The regular meeting was called to order on April 19, 1979 by Chairman Cochran at 7:30 p.m. at the Wayzata City Hall, Wayzata, Minnesota. Managers present: Cochran, Lehman, and Russell. Also present were board advisors Holmquist, Jandro and Macomber. Approval of Minutes. The minutes of the regular meeting of March 15, 1979 were reviewed. Following discussion it was moved by Russell, seconded by Lehman, that the minutes be approved as published. Upon vote the motion carried. New Manager John E. Thomas. President Cochran announced that the Carver County Board of Commissioners had appointed John E. Thomas of Carver County, Minnesota to the position on the Board of Managers of the Minnehaha Creek Watershed District previously filled by H. Dale Palmatier. President Cochran announced that Mr. Thomas was unable to attend this meeting because of previous commit- ments and welcomed Mr. Thomas to the Board of Managers. Resignation of Manager Jean Williams. President Cochran announced that Jean Williams had advised the Board of County Commissioners of Hennepin County of her resignation from the Board of Managers effective April 12, 1979. Reappointment of M~nagers Lehman and Russell. President Cochran announced that the Board of County Commissioners of Hennepin County had reappointed Managers Albert L. Lehman and James S. Russell to the Board of Managers for three-year terms to end in March, 1982. Page Two April 19, 1979 Approval of Permit Applications. The managers reviewed a written memorandum from the engineers summarizing the nature of the following applications, indicating that the applications comply with the applicable standards of the District, and recommending approval on the terms and conditions as set forth in his written memorandum: Minnetonka Yacht Club, permit extension, riprap placement Tahoe Island, Carsons ~y on Lake Minnetonka - Deephaven; Application No. 77-38. Methodist Hospital, permit extension, parking lot construction, Minnehaha Creek floodplain - St. Louis Park; Application No. 77-112. T. Gasser, permit amendment to sub- division west of 1-494 and north of Minnehaha Creek - Minnetonka; Application No. 78-127. R. Johnson, 4805 Sunnyslope Road, retaining wall construction, Edina mill pond (upon receipt of revised specifications)- Edina; Application No. 79-25. P. Klise, creation of wildlife pond near Tamarack Drive - Medina; Application No. 79-26. Lundgren Brothers Construction, final grading/drainage plan, Ferndale North 4th Addition - Plymouth; Application No. 79-27. City of Tonka Bay, repair retaining wall, Manitou Channel - Tonka Bay; Application No. 79-28. L. Sawatzke, rip-rap placement, Morton Channel, Harrison Bay, Lake Minnetonka - Mound; Application No. 79-29. Page Three April 19, 1979 City of Minnetonka. undergro~/nd utilities for "Pepperwood" Addition, Baker Road and Lake Street Extension - Minnetonka; Application No. 79-30. F. Poisson, driveway extension, culvert placement 4010 Bayside Road - Orono; Application No. 79-31. City of Spring Park, replace existing stor. m sewer, Black Lake Road - Spring "P"ark; Application No. 79-33. Following discussion it was moved by Lehman, seconded by Russell, that the above permits be approved and issued subject to all terms and conditions recommended by the engineer. .Upon vote the motion carried. S. Valek, grading/drainage plan for 8-lot subdivision at 4750 Tonkaview Lane - Orono; Application No. 79-32 and Pflaumwell Development partnership, grading/drainage plan for 3.4 acre townhouse and condominium development south shore of L~n~'L'ak~'-' SPring Park; Application No. 79-34. The engineer advised the managers that final run-off calculations had not been received with respect to these two grading and drainage plan applications. Following discussion, it was moved by Lehman, seconded by Russell, that the applications be tabled pending receipt of the data required by the engineer. Upon vote the motion carried. Centurion Company, grading/drainage plan for 32-acre s~bdivision, "Amhurst," north of Highway 7 and east of Edgemoor Drive - St. Louis Park and Hopkins; Application No. 79-21. ' ~ The engineer advised the managers that additional information was submitted by the applicant pursuant to the request of the managers at the last regular meeting. The engineer advised the managers that on-site storage was being increased from 2.6 acre feet prior to development to 6.9 acre feet after development and further advised the managers that the applicant had provided the required run-out elevations from the ponds. The applicant advised the managers that plat Page Four April 19, 1979 approval has been secured from the City of St. Louis Park and a zoning change has been authorized by the City of St. Louis Park. Following discussion i% was moved by Lehman, seconded by Russell, that the application be approved. Upon vote the motion carried. J. Barron and Associates, grading/drainage plan for 18-lot subdivision, southwest shore of Lake Virginia - Victoria; Application No. 79-23. T~e engineer reviewed the application of J. Barron and Associates for grading and drainage plan approval for a subdivision on Lake Virginia. The engineer advised the managers that the ponding proposed complies with the applicable district standards and that the City of Victoria has approved the development plan. The engineer recommended approval. Following discussion it was moved by Lehman, seconded by Russell, that the application be approved as recommended by the engineer. R. Wostrel, filling on a single residential lot, 367 Ridge- view Drive - Wayzata; Application No. 79-35. The engineer reviewed the application for filling a residential lot at 367 Ridgeview Drive in Wayzata. The engineer advised the managers that the lot in question was designated as wetlands on the wetlands map of the City of Wayzata. The engineer further advised the managers that the property serves as a drainage way between Hadley Lake and Gleason Creek and that no application was pending before the City of Wayzata from the applicant. Following discussion it was moved by Lehman,. seconded by Russell, that the application be denied because property consisted of wetlands as designated by the City of Wayzata, because, filling would interfere with an existing drainage way between Hadley Lake and Gleason Creek and because no application was pending before the City of Wayzata. Upon vote the motion carried. Berry Island Company, grading/drainage plan proposed "Autumn Ridge" plat, Ranchview Lane south of County Road 15 - Minnetonka; Application No. 79-36. The engineer reviewed the application for grading and drainage plan approval and advised the managers that the ap- plication was in conformity with existing requirements of the district. Following discussion it was moved by Lehman, seconded by Russell, that the application be approved as recommended by the engineer. Upon vote the motion carried. Page Five April 19, 1979 Berry Island Company, grading/drainage plan for proposed "Copper Ridge" plat, Sylvan Road and Cedar Lake Road - Minnetonka; Application No. 79-37. The engineer reviewed the application for grading and drainage plan approval and recommended approval subject to dedication of indicated ponding areas on the drainage plan. Following discussion it was moved by Lehman, seconded by Russell, that the application be approved subject to the condition that the applicant dedicate ponding areas indicated on the drainage plan. Upon vote the motion carried. 'North Star~Marina~ Weir Construction - Orono; Application No. 79-38. The engineer reviewed an application to construct a baffled weir at the edge of an existing parking lot of 'North Star Marina. The engineer indicated that the City of Orono has approved the application. Following discussion it was moved by Russell, seconded by Lehman, that the application be approved as recommended by the engineer. Upon vote the motion carried. Contribution from Mrs. Andrew Fuller. President Cochran noted receipt of a contribution from Mrs. Andrew Fuller, 14505 McGinty Road, Wayzata, toward mailing costs of the District.- Following discussion it was moved by Russell, seconded by Cochran, that the contribution be accepted by the District and applied toward mailing costs and that the District formally thank Mrs. Fuller for her contribution. Upon vote the motion carried. 1978 Audit. Robert J. Lapic appeared before the managers and distributed copies of the audited financial statements of the District for the year ending December 31, 1978. Mr. Lapic reviewed the contents of the financial statements. Following discussion it was moved by Russell, seconded by Lehman, that the ~inancial statements be accepted and approved by the Board of Managers and filed with all necessary offices as required by law. Upon vote the motion carried. Page Six April 19, 19 79 Administrative Fund RePort. The treasurer distributed his monthly administrative fund report dated April 19, 1979, a copy of which is attached. Following discussion it was moved by Cochran, seconded by Lehman, that the report be approved and the bills paid as set forth in that report. Upon vote the motion carried. WaterwaYs Maintenance and Repair Fund. The treasurer advised the managers that he had received an" invoice from the City of Minnetonka for payment of a storm culvert replacement project at Stanton Drive authorized by the managers in 1977. The treasurer noted that this project was one of the projects cancelled by the managers at the regular February meeting and noted that the billing from the City of Minnetonka had been submitted to the District at almost the same time that the managers took action in February with respect to this project. Following discussion it was moved by Russell, seconded by Lehman, that the action of the Board of Managers taken February 15, 1979, to cancel the $2,000.00 appropriation to the City of Minnetonka for storm culvert replacement at Stanton Avenue be rescinded; and that the billing submitted by the City of Minnetonka for this project be approved and paid from the Waterways Maintenance and Repair Fund as recommended by the engineer. Upon vote the motion carried. EPA Project Disbursements. The treasurer reported that at the direction of the managers, the engineer had undertaken the work necessary to remove sumps originally installed by the District in connection with the EPA Storm Water Treatment Project which work was necessary to restore the project site to its original condition. Treasurer Russell stated that he had received an invoice from the contractor in the amount of $700.00 for this work and recommended payment of the invoice. Treasurer Russell also stated that an expenditure of $47.00 had been made from the EPA fund to reimburse the EPA certain monies according to the grant contract. Treasurer Russell moved, seconded by Cochran, that the invoice for sump removal in the amount of $700.00 be approved and paid and further that the president and treasurer be authorized to pay the sum of $47.00 to the EPA as part of the grant contract. Upon vote the motion carried. Page Seven April 19, 1979 Creek Improvement Project. The engineer distributed revised rating curves for the existing discharge at Grays Bay Dam and the predicted discharge with the new control structure and resulting tail- water elevation immediately below the dam. The engineer advised the managers that additional creekbed surveys had been made as a part of final design and that these surveys and the rating curves reflected a need to perform channel dredging in the reach of the creek between the dam and 1-494. ~The engineer indicated that estimated costs of necessary dredging would be submitted as a part of final design. The attorney reported that the final revisions to the joint agreement had been received in his office from the Hennepin County attorney and that the attorney would promptly review the agreement and prepare a recommendation to the managers regarding the proposed agreement. Emergency PumPing - Parker's Lake to Gleason Lake. The engineer reported that on March 27, 1979, the City of Plymouth requested permission to commence emergency pumping from Parker's Lake to Gleason Lake and that the engineer had authorized emergency pumping for a period not to exceed 90 days. The engineer requested ratification of his actions in authorizing the emergency pumping and recommended that the managers authorize the pumping to continue for a period not to exceed 90 days. Following discussion it was moved by Lehman, seconded by Cochran, that the emergency pumping be authorized as recommended by the engineer. Upon vote the motion carried. Lake Minnetonka Water Quality Monitoring. The engineer reported that the Lake Minnetonka Conservation District had agreed to participate in the proposed water qualitY monitoring for Lake Minnetonka. The engineer further reported that the Freshwater Biological Institute had indicated the willingness to participate. The engineer indicated that he would be meeting with representatives of the Freshwater Biological Institute to discuss the nature of its participation. Page Eight April 19, 19 79 Flooding Complaint - Kendaco, Inc., St. Louis Park. The engineer reported on flooding in the creek at the Louisiana Avenue bridge in St. Louis Park. The engineer indicated that he had investigated the flooding at the request of the owner of the property. The engineer advised the managers that, in his opinion, the flooding in question was a result of unusual icing conditions and was not likely to reoccur in the future. The managers received the report of the engineer and directed the engineer to respond to the owner regarding the results of ~is investigation. Request to Control Gleason Lake. The engineer reviewed a letter from Wayne Blackmarr requesting that Gleason Lake be maintained at a higher level than at present. The engineer advised the managers that Plymouth has set the level of Gleason Lake as part of its drainage plan. The managers directed the engineer to investigate the request of Mr. Blackmarr and to review the request with the appropriate officials of the City of Plymouth. Recommended Amendment of Permit No. 77-90. The engineer indicated that he had received revised grading plans in connection with Permit No. 77-90 and recom- mended approval of the revised plans. Following discussion it' was moved by Lehman, seconded by Russell, that the permit be amended as recommended by the engineer. Upon vote the motion was carried. Twin City "Sole-Source Aquifer" Designation. The engineer reviewed the petition of the Minnesota Health Department to the United States Environmental Protection Agency to designate the metropolitan area as a sole-source aquifer area. Following discussion the managers authorized and directed the engineer to submit comments to the United States Environmental Protection Agency in connection with the public hearing on this application. Tonka Bay Comprehensive Plan. The engineer advised the managers that the District had been requested to review a copy of the new comprehensive plan for the City of Tonka Bay. Following discussion the managers authorized and directed the engineer to respond and comment to the city. Page Nine April 19, 1979 County Landfill Recommendation. The engineer reviewed a recommendation to site a county landfill within the boundary of the Baker Park Reserve and indicated that a small portion of the property in question was within the boundary of the Watershed District. The managers reviewed the participation of other public bodies in the siting process and concluded that no action was required at this time by the managers of the District. Bridge Obst~ruct. ing Minnehaha Creek/City of Minnetonka. The engineer reported that additional problems had been brought to his attention regarding a bridge obstruction over Minnehaha Creek within the City of Minnetonka upstream. of County Road 73 at 11907 Cedar Lake Road. The managers noted that this was the same bridge which had been the subject of complaints during 1978 and that the managers had at that time investigated the situation and were assured by the property owner that an adequate portage would be provided. Following discussion it was moved by Cochran, seconded by Lehman, that the managers go on record as desiring to resolve the obstruction problem posed by the bridge and that the engineer be authorized and directed to recommend steps that could be taken to remedy the obstruction in order to provide adequate clearance to assure the safety of those using the creek. Upon vote the motion carried. Annual Report. The managers reviewed the draft of the annual report distributed by the attorney at the last regular meeting. The managers requested certain additions be made to the report. Following review of the amendments and additions, it was moved by Russell, seconded by Lehman, that the annual report be. approved as amended and that the attorney be authorized and directed to file the report as required by law and distribute the report to all interested persons within the District. Upon vote the motion carried. Upper Watershed Storage and Retention Project. Manager Russell noted the need for consideration by the managers of the upper watershed storage and retention project in order to make decisions on the petitions by June 1, 1980. Page Ten April 19, 1979 District Requlations. Manager Russell stated that he believed the District's regulations should be revised.during the next year in order to bring them into conformity with recent changes in the law and to more effectively discharge the duties of the District. Adjournment. There being no further business to come before the meeting, Ch~airman Cochran declared the meeting adjourned at 11:10 p.m. Respectfully submitted, Albert L. Lehman Acting Secretary I ,~,," <" "7/.] 2. 3. 4. AGENDA Minnehaha Creek Watershed District May 31, 1979 Call to order; present, absent, staff. Reading and approval of minutes of regular meeting, 4/19/79. Approval or amendment of May 31, 1979 agenda. Oath of office. 5. Hearing of permit applications: Be 77-69. Walters Port Homeowners - Permit extension for retaininq wall repair, Walters Port Lagoon, Carmen Bay, Lake Minnetonka - Orono. 77-106. J. Thomas - Permit extension for lake setback variance and driveway construction, West Point Road - Tonka Bav. Ce 79-32. S. Valek - Grading/drainage plan for 8-lot subdivision at 4750 Tonkaview Lane - Orono. De 79-34. Pflaumwell Development Partnership - Grading/drainage plan, 3.4 acre townhouse development, south shore Long Lake - Long Lake. 79-39. Boys' Club of Minneapolis - Dredging and resanding of' beach area, Lake Flanagan - Minnetrista~ Fe 79-40. City of Mound - Storm sewer, street improve- ments, boat ramp construction - Mound. Ge 79-41. City of Long Lake - Street and Utility improvements - Long Lake. 79-42. City of Minnetonka - Road and Utilities construction, Plymouth Road and North Highway 12 Service Road- Minnetonka. 79-43. P. Haglund - Lake Setback Variance, Fairchild. Avenue, Libbs Lake, Lake Minnetonka- Minnetonka. 79-44. McMaster Enterprises - Parking lot expansion for Wayzata Medical Clinic, Highw.ay 101 and U.S. 12- Way z ata. 79-45. G. Rappaport - Riprap placement, 3940 Waldon Shores Road, St. Louis Bay, Lake Minnetonka - Deephaven. Ne Oe Pe Qe Re Se Ue Ve W® Xe Ye 79-46. R. Tomalka- Riprap placement, 3165 Priest Lane, Priest Bay, Lake Minnetonka - Mound. 79-47. T. Boer- Riprap placement, 1392 Baldur Park Road, North Arm, Lake Minnetonka - Orono. 79-48. Builtwell Construction Co. - Grading/drainage plan. for construction of four duplexes, South Shore West Arm, Lake Minnetonka - Spring Park. 79-49. Schellar and Kamman - Grading/drainage plan for seventeen home subdivision, Fairfield Road - Minnetonka. ~ 79-50. K. Hoppe - Grading/drainage plan for four lot subdivision, north of County Road 6, west of Willowbrook Drive - Orono. 79-51. George Jackson Construction - Grading/drainage plan for eleven lot subdivision, south of Watertown Road, west of Orono Orchard Road - Long Lake. 79-52. T. Muehlberg - Grading/drainage plan for six lot subdivision north of Smithtown Road, east of Grant Lorenz Road- Shorewood. 79-53. R. Meyers - Riprap placement, 740 Tonkawa Road, Stubbs Bay, Lake Minnetonka - Orono. 79-54. G. Neddermeyer - Riprap placement, 709 Minnetonka Highland, North Arm, Lake Minnetonka - Orono. 79-55. Mutual Development Corporation - Grading/ drainage plan for forty-five lot residential development, south of Trunk Highway 5, west of Sunflower Street - Victoria. 79-56. R. Ramburg - Riprap placement at 3460 Kings Point Road, Halsteads Bay, Lake Minnetonka - Minnetrista. 79-57. J. Boswinkel - Riprap placement at 2922 North- view Road, Crystal Bay, Lake Minnetonka- Minnetonka Beach. City of Cottagewood- Grading/drainage plan for platform tennis court- Deephaven. University of Minnesota - Sanitary sewer line to service Research building at Landscape Arboretum - Chanhassen. e Se J. Batzli - Riprap placement, Kings Point Road Halsteads Bay, Lake Minnetonka - Minnetrista. 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) Cooperative Agreement Projects. (2) Minnehaha Creek brush remoVal. (3) Private vehicular bridge over Minnehaha Creek at 11907 Cedar Lake Road. C. Attorney's Report - Mr. Macomber. (1) Agreement with Hennepin County. New Business. Ad j o urnmen t. WILLIAMS/o'SRIEN ASSOCIATES, INC. ARCiHITECTG / PLANNERS May 23, 1979 Mr. John Somers Central Roofing 705 Northeast Tyler Minneapolis, Minnesota 55413 Re: Mound City Hall Dear Mr. Somers: We are still trying to resolve the roof problem as well as arrive at something with respect to your invoice but we need information I have asked for on several occasions. It is necessary that-I know what your crew did and didn't do, when the roof was modified along the skylight. You may not know it but a severe leaking problem showed up last fall again, and I looked at it on May 16, 1979 to confirm the City employees' observation. (Nothing was done during the winter due to weather as the City crew had patched it fairly well.) They maintained, correctly so, that a gap approximately 3/4 inch wide existed between the aluminum trim at the bottom and the new roof felts. They filled it with sealer and the leaking stopped for the most part. I could feel the gap when I was there last Wednesday though it wasn't visable due to the sealer installed by the City. It cer- tainly seems as though the work done by your crew was done incorrectly but I don't want to pass judgment with- out hearing from you. In any case, correction is going to be difficult without knowing the. details of the in- stallation. Mr. John Somers May 23, 19 79 Page Two I can imagine that you hesitate to become involved further and I can assure you that the feeling is mutual. We intend to have others correct the work, so you needn't worry in that regard. We intend to pay you for your work based on something we can agree on mutually but again I ask for con- firmation of the work done by you. I have suggested a meeting with you or your foreman. Is that not possible? Sincerely, James W. O'Brien, AIA Vice President Williams/O'Brien Associates, Inc. 45 South Ninth Street Minneapolis, Minnesota 55402 JWO/kp cc: ~r. Leonard Kopp, City of Mound Mr' Curtis A. Pearson, LeFevere, Lefler, Hamilton & Pearson 21, 1979 ATTORNEY AT LAW 1503 WASHINGTON AVENUE SOUTH MINNEAPOLIS, MINNESOTA 554~4 6 ! Z/333-54~ g Professional Services Performed by Timothy L. Piepkorn for the City of Mound for the month of Aprils 1. April 2, and 31 Preparation for Koechler Jury Trial ( arguments, direct and cross examination, calls to witnesses and calls to and from Defendant's attorney) ................. 2. April 4, Koechler Jury Trial (defendant plead quilty) ................. 3. April 108 Arraignments and 5 Pre-Trial Conferences .................... 4. April 13: Letter to Daniel Radiator Corporation .... . ..... . .... . ....... 5. April 17, Arra~ents, calls to witnesses on Bedel Case, preps.~ed three complaints ........... . .......................................... 6. April 188 Calls from Hudson, Linda, 3 calls from citizens, meeting mt Mound Office with Citizen concerning complaint ....... . ...... ... .... ?. April 208 Prepared Complaint ........................................... 8. April 241 2 Pre-Trial Conferences ...................................... 9. April 25: Special appearance at Wayzata on a ple~ ...................... TOTAL OWING ( 15 hours @ $300. O0 & ?.25 hours @ $30.00 an hour) .......... hours 3.7.5 2..50 4. oo 4. O0 1,.50 1. O0 2. O0 2.7.5 22.25 $.5[7.50 ,) FAEGRE & BENSON 11oo NORTHWESTERN BANK BUILDING MINNEAPOLIS, MINNESOTA 55407 Nay C V~y t;uly yo~, DELINQUEN~ATER & SEWER ACCOUNTS 4-27-79 Account 33-406~2&16~1~ 33-439-4724-21 33-442-4452-41 33-460-4663-81 33-463-4660-81 33-463-4955-21 33-4782-854-71 Individual Billing Riggs-&_Ask._:_2612._Tyrone Danny Mc Carty - 4724 Wilshire Blvd. Fred.Prieve -. 4452 Denbigh Rd M. Bosma - West Branch Rd, Mound Keith Wilson - 4660 Bedgord Amount 34.08 78. 7¥ .... 50.18 75.34 Kenneth Holm - 4955 Bedford Rd 31.34 Suzanne Durrish - 2854 Essex 33-5004-425-51 33~5004~_4~9 ~3-5no4--~5-21 33-5074-524-01 ~3~52~_3~O1-9I 3-3 5905- 25 -1 33-6204-673-61 33~623~5228~21 33-623-5238-11 33-4843-106-91 ........................ Hastings-Bldgs_~._3106_~uxedo 33~87~4--8~61 J.e~y_O]~e~_-_~87~_£umbe~land_ Charles Childs - 4425 RadnOr Ln Ste~en_~ar~ ,- ~29_Radno.r__ka. DonP~-Luguar -~4~-5-Radnor--~n Leonard Lindblom - 4524 Stirling Rd D~ane-La~son----3tOt--Pais-ley-Rd GaF-y--G~bne~-~148--Do~a-l~Dr 3~=~7-2~=87Z-~1 ......... C~aJg-~oL£e--.~4872-Monmouth 33-5812-901-71 Sally Swanson - 2901-Cambridge Robert-K~al-sten-~-512~-W~ndsor--Rd Frank Ahrens - 4673 Island View Dr. .Wm~_.NaSs[e_~$228-~.i_pe~__Rd. Don Ellingson - 5238 Piper Rd 43.89 67.26 2 ~ 0 '~ 47.82 34 .'08 ' 94.41 45.24 · 52 ..70 114.26 33-635~5129-61 Richard Juhl - 5129 Waterbury 61.84 33-,641,5251 ~61 ..................... Jim Sm i:l~h ,.=_.] 350-Rest_.~oi nt -Ci-~cl e~ ............... 51,08-~ Tom Harty - 4960 Three Points Blvd. 100.00 11-085-4960-91 Total 5-22-79 CITY OF MOUND Mound, Minnesota May 22, 1979 COUNCIL MEMORANDUM NO. 79-179 SUBJECT: Dinner Dance Permit - Briarwood Restaurant Briarwood Restaurant, Inc. has made application for a dinner dance permit for the month of June 1, 1979 through June 30, 1979'. 5-22-79 CITY OF MOUND Hound, Hinnesota May 22~ 1979 INFORMATION MEMORANDUM NO, 79-61 SUBJECT: Pelican Point The preliminary plat of Pelican Point was considered by the Planning Commission on Monday, · A Public hearing is required before the plat can be accepted, If the Council has no objection, we will bri.ng this one Planning Commission item up June 5th so a hearing date can be set which we would recommend for June 19th or June 26th. If the Council wished to set a heari.ng date today, a publication could be made on May 30th and the heari.ng held June 12th? 5-22-79 CITY OF MOUND Mound, Minnesota May 22, 1979 INFORMATION MEMORANDUM NO. 79-62 SUBJECT: G.O. Improvement Bonds of 1979 Inasmuch as the bids have come in over the estimate, undoubtedly the amount will have to be increased, if the Council goes ahead with the project. Due to the increased cost, the bonds are recommended to be. sold two weeks later. I~.~onar L? Kopp ~? / CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 May 22, 1979 TO: FROM: SUBJECT: Leonard Kopp Public Works Direcbor Island View Drive As per your request the following is the maintenance report on the section of' Island View Drive between Dorchester Road and Manchester Road. After the long and trying effort and time spent on a court ease t6 get this road re-opened, we built a base out of woodchips. Each spring since then we have installed rock and gravel to build it up to standards. This section gets bladed each time we blade the other roads in this area. It is plowed the same as all of the other roads during the winter. Since taking it over and re-opening this section of road it has become a q~ite usable piece of right-of-way for the City and its citizens. Re~j~ectfully, ~ Robert Shanley Public Works Director BOARD OF ~E~!EW May 15, 1979 Pursuant to due call and notice thereof, the Board of Review convened at 7:30 p.m. in the Council Chambers of the City of Mound, 5341Maywood Road in said City on May 15, 1979. Present were: Mayor Tim Lovaasen, C0uncilmembers Gordon Swenson, Benjamin Withhart, Robert Polston and Donald Ulri~k, City Manager Leonard L. Kopp, .Assessor Milt Hilk and Acting City Clerk Marjorie Stutsman. BOARD OF REVIEW The Mayor opened the Board of Review and the following responded to the call to be heard: C. D. Kopplin, 2132 Overland'Lane, asked how values were figured?· Alvin J. Gudvangen, 4924 Edgewater Drive, feels his property overvalued and no one has looked at it.' Swenson moved and Withhart seconded a motion that Assessor look at the property and see·if assessed value for 1979 is fair market value as of January 2, 1979 (PID # 13-117-24 41 0013). The vote was unanimously in favor. Nell Froeming, 4866'Edge~ater Drive, asked to have his property:looked as he felt it was overva]bed. Withhart mOved and Swensoq seconded a motion that Assessor look at the property and see if assessed value for 1979 is fair marke~ value as of January 2,'1979 - (PID # 13-117-24 41 0046). The vote was Unanimously in favor. Swenson moved· and Withhart seconded a motion to reconvene the Board of Review on May 22,1979 at 7:00 p.m. The vote was unanimously in favor. COUNCIL MEETING PUBLIC HEARING'- AL.& ALMA'S SPECIAL USE PERMIT ~ The Mayor opened the con~'inued public hearing on A1 & Alma's Special Use Permit. Ho persons were present regarding this Special Use Permit. Withhart moved and Swenson seconded a motion to continue the public hearing on A1 & Alma's Special Use Permit until May 22nd. The vote' was unanimously in favor. Discussed parking in relation to Tuxedo street improvement. Mayor asked about stipulations made by Planning Commission/setting up bond requirement. POLICE CONSULTANT The Poli'ce Consultant, Roger Helser, was present and reviewed his report and answered questions from the Council regarding his report and recommendations. Withhart moved and Swenson seconded a motion to refer Police Report to the · Police Committee and have them establish time limits, setting goals and guide- lines - date of meeting to be Wednesday, June 13th at 7:30 p.'m. The vote was Swenson, Ulrick, Withhart and Lovaasen-Aye: Polston voted Nay. May 15, 1979 Comments & Suggestions by Citizens Present' No one wished to be heard at this time. PURCHASE AGREEMENT - AERIAL PLATFORM FIRE TRUCK ' Withhart moved and Polston seconded a motion RESOLUTION 79-199 RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO ENTER INTO AGREEMENT WITH SUTPHEN CORPORATION FOR AERIAL PLATFORM FIRE TRUCK The vote was unanimously in favor. I.M. 79-56 Discussed Information MemOrandum. Attorney's opinion was requested. D~ug Coleman of'2100 Noble Lane asked when 't~e work on his proPertY WOuld be completed. Only one in immediate area where finish work not done. Rick Wolowicz, Commercial Manager of Continental Telephone Company, was present"' and reported that Continental has' filed for a rate increase because of the large expenditure ($60 million), to date in upgrading services. Ruth Wyman expressed her concerns for persons that can't afford a phone and need'them the most. Asked abobt'metered service. Mayor responded that time is needed to look at this increase and make decision on what action City Should take'. ' ' Payment of Consultant. Polston mo~ed and Ulrick seconded a motion that payment of the balance, $555.65, of Police Consultant's bill be made. Roll call vote was unanimously in favor. Withhart moved and Swenson seconded a motion to adjourn to the reconvened Board of Review, May 22, 1979 at 7 p~m. Marjorie Stutsman, Acting City Clerk Leonard L. Kopp, City Manager 5-22-79 C!TY OF MOUND Mound, Minnesota May 21~ 1979 COUNC!L MEMORANDUM NO. 79-178 SUBJECT; Tract A, R.L.S. 1150 Attached.is a copy of the resolution on Tract A~ R.egistered Land Survey 1150 prepared by the Attorney. This should be acted upon by the Council, CURTIS A. PEARSON J. DENNIS O'BRIEN DAVID J. KENNEDY JOHN B. DEAN GLENN E, PURDUE CHARLES L. LEFEVERE JAMES P. O'HEARA MARY J. BJORKLUND LAW OFFICES LEFEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ I100 FIRST NATIONAL BANK BUILDING IV~INNEAPOLIS, MINNESOTA 55402 May 18, 19 79 TELEPHONE (6 I;~) 333'0543 Mr. Len Kopp, City Manager City of Mound 5341 Maywood Road. Mound, Minnesota 55 364 Re: Zuckman Application Dear Len: At the Council meeting on May 8, I was directed to prepare a resolution of denial for Mr. Zuchman. I enclose the proposed Resolution for the Council's consideration at its meeting on May 22. The resolution enclosed is long and detailed, and hopefully will be of some assistance to the Council and the Court if this matter is appealed. I have been informed by Mr. Kantor, who represents Mr. Zuchman, that it is his intention to sue this matter in the courts. I therefore hope that the Council will review the resolution carefully, be sure that I have accurately stated their findings, and if any of them have any additional findings or reasons for denying the application, they should, be prepared to add those reasons to the Resolution at the time it is moved for adoption. Mr. Kantor has also requested_ that a copy of the Resolution be transmitted to him after it has been enacted. If you or any member of the Coun~c_il have questions concerning, the Resolution, please call me on Monday or Tuesday. Very truly yours, Curtis A. Pearson, City Attorney CAP:ih Enclosure cc: Mayor and Council A RESOLUTION DETERMINING THAT A STRUCTURE LOCATED ON TRACTI~, RLS 1150, WAS 50% OR MORE DESTROYED BY FIRE AND DENYING AM APPLICATION TO REBUILD AND RECONSTRUCT A NON CONFORMING USE WHEREAS, Melvin Zuckman is the owner of property located at 5012 Tuxedo Boulevard in the City of Mound, and WHEREAS, Chapter 462 of the Minnesota Statutes authorizes the City Council with the aid and assistance of the City Planning Con,mission to carry out municipal planning activities which guide development and improvement of our community, and WHEREAS, the City has adopted a zoning ordinance, Chapter 23 .of the City Code, and. the intent of said. ordinance is to correct past errors in platting, building and land use wherein much development took place in the City prior to the adoption of any planning regulations or planning thought and to direct, aid and assist development on an equal basis throughout the community for present and future development, and. WHEREAS, the City did provide in the Zoning Ordinance for non conforming uses to protect existing property values and to meet constitutional requirements protecting the rights of property owners and to prevent the taking of lands or property without the payment of compensation, and WHEREAS, Courts throughout this country have uniformly recognized non conforming uses as a method of protecting said property rights but Courts and treatises on zoning and planning have uniformly agreed that non conforming uses may be lost for a variety of reasons, including destruction, and WHEREAS, Section 23.20 of the ~4ound Code of Ordinances relates to and provides regulations regarding non conforming uses and Sec. 23.20, Subd. g of the City Code states as follQws: "Any building which is partially damaged or destroyed by fire, earthquake, wind, water, or explosion may be restored to its former use, provided that no building which does not conform to the requirements of the use district in which it is located, and which is thus partially damaged or destroyed to the extent of fifty percent or more, may be rebuilt or re- constructed other than for purposes of conformity. Estimate of the extent of damage or destruction shall be made by the Village Council or its duly appointed agent. '~ and WHEREAS, the property located at 5012 Tuxedo Boulevard and legally described as Tract A, RLS 1150 is owned by Hr0. Zuckman and is a non conforming use for the following reasons: a) Contains two principle structures (houses) on one parcel of land which is zoned Residential A-1 (Single Family); said structures had 3 housing units in a single family district. b) Building A on said parcel is the structure involved in the request and it is further non conforming because of 1) a minor side yard set back deficiency (1/4 of a foot) 2) it is built 13 feet from the lake front and the ordinance requires a 50 foot setback - therefore the owner is requesting a 37 foot variance from the lake front setback requirements. c) Building B is the other structure on this parcel and this has two setback violations 1) a deck is built 4.5 feet from the neighboring parcel and the ordinance requires a ten foot setback 2) the structure is 16.7 feet from the street and the ordinance requires 20 feet as a setback, and WHEREAS, Building A was damaged by fire and the property owner failed to obtain any building permits as required by the City and State building codes and began reconstruction of the damaoed home; the Building Inspector observed this construction and stopped work on the house because the owner had not obtained building permgts and the property is a non conforming use. The applicant has applied for a variance to the non conforming use section of the ordinance, and has asked for variances from ~Jle setback requirements and has contended that Building A was not damaaed by the fire "to. the extent of 50% or more", and WHEREAS, the City's Planning Commission at its meeting of March 26, 1979, indicated it was very difficult to ascertain-the percentage of structural damages caused by the fire because the owner had torn down and replaced portions of the structure before the Building Inspector stopped work; it was therefore impossible to determine with certainty the before and after values of this structure, and therefore the Planning Commission recommended that this Council determine the question of damage to .the property before considering the owner's request for variances, and WHEREAS, the City directed Lyle Swanson, a Professional Engineer, to examine the structure and to provide hisLpiofessional opinion regarding damages, and he did examine the building on March 28, 1979, and stated, as follows: "Virtually all of the structural members from the first floor level up were damaged beyond repair. Many of these have been replaced with new members since the fire. There are stress fractures in the sub-level block walls, but these were probably not caused' by the fi re." A copy of said r~port is attached, and marked Exhibit A, and WHEREAS, the City then contacted the Hennepin County Assessor who acts as the assessor for the City of Mound, who reported, and filed with the Council a report indicating that a member of the assessor's staff had inspected the premises after the fire and estimated the damage to the structure at 50% of its value; a copy of said appraiser's report and finding is attached and marked Exhibit B; and WHEREAS, the City retained-the services of Home Inspection " Consultants, a national firm, to examine this property and said report did. not specifically state the before value of the premises because they had not had an opportunity to examine the premises prior to the fire and were unable to give before and after values, but the professional appraiser did state, "It must be said here that extensive rehabilitative work to much of the structure has been initiated without obtaining a building permit. While many of the remaining structural me'm~ers have some structural integrity, in my professional opinion, I would not d. epend upon that integrity unless every structural member damaged or scorched by the fire would be subject to testing. Because testing would be impractical if not impossible, I am assuming that the entire frame portion of the house would be replaced~ Also because the entire chimney developed serious structural cracks from the fire, it would also have to be rebuilt." This Civil and Structural Engineer, Chester J. Zimniewicz, did not make a before and after valuation, but did give a professional opinion related, to the destruction and the estimated, costs of repair in the amount of $12,754. Said report is attached hereto and marked Exhibit C; and. WHEREAS, this Council, having the responsibility of determining if 50% or more of the structure had been damaged or destroyed, requested additional information from the City staff, and the City Manager requested Edward J. Stanke, Vice President of Eberhardt Company, to examine the structure, and he has stated, "It is my opinion that the fire must have caused over 50% damage to the home." i- it being impossible to give before and after figures because he had not examined the home prior to the fire and substantial work had been done on it by the property owner without a permit after the fire. A copy of said report is attached and marked Exhibit D, and WHEREAS, the Council obtained.a review by Mr. Milton Hilk of the Hennepin County Assessor's Office who transmitted a report to the City Manager under date of May 8 indicating that in its present state, the house is 45.7% complete, and that in his opinion most of the structure is being replaced with new materials. Said letter and report is attached hereto and marked Ey~ibit E, and WHEREAS, the property owner has appeared before the Planning Commission and the City Council on two occasions and has not at any time presented a before and after valuation nor any appraisal of the property, but did on April 24 present a copy of a contract agreement with Deluxe Build. ers and Remodelers, Inc. to do certain work on the building for the sum. of $9,260. The applicant has then argued to this Council that the $9,260 is less than 50% of what they consider the fair market value prior to the time of the fire. A copy of said contract and agreement is attached, hereto and marked 'Exhibit F. This contract does not take into consideration that the owne. r was to furnish all roofing material, redecorate the interior of the structure, furnish and install all interior trim, kitchen cabinets and counters; and made no provision for plumbing, electrical work, or exterior painting, and therefore said estimate as presented by the applicant is incomplete as to the actual work to be done on the structure; and WHEREAS, ~he City Council has asked the City Attorney to review the law in Minnesota regarding non-conforming uses and valuations, and he has done so and reported on the case of State v. Pahl wherein the Minnesota Supreme Court indicated that if preexisting non conform3~n~ structure is substantially destroyed, then the owners must thereafter comply with the setback requirements of the ordinance even though the building did not conform to such requirements at the time the ordinance was adopted, and WHEREAS, this Council is sympathetic to the property owner and has done everything in its power to fairly appraise the property, but has been frustrated in coming up with exact numbers because of the property owner's proceeding without a building permit and the property owner's failure to present.any evidence to the Council of a before and after valuation of the structure to refute the evidence assembled by the City staff; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND: ; 1. The structure located on Tract A, RLS 1150, located the closest to Lake Minnetonka was damaged by fire to the .extent of 50% or r~,ore some time prior to March of 1979. This estimate of the extent of the damage and destruction is made by this Council pursuant to Section 23.20, subd. g of the City Code. 2. The applicant's request for variances to rebuild and reconstruct this non conforming use is hereby denied based on the following findings: The applicant has created, his own hardship by illegally proceeding to reconstruct a structure without obtaining a building permit. The applicant has failed to present any evidence to this Council to indicate the structure was not 50% or more destroyed by fire. .~.. The property is a non conforming use in that it contains' two structures and three dwelling units on a single family lot and does not meet the setback requirements of the ordinance. d. The request for a lake front setback of 13 feet is contrary to the zoning ordinance of the City of Mound and does not conform to the Minnetonka Lake 'Conservation District- requi reme n t. e. It is the finding and determination of this Council that based upon the fact situation as Set forth in the Whereas provisions of this Resolution, the applicant's problem and the Council's dilemma in establishing valuations was created by the applicant's failure to comply with City and state laws. 3. It is a further finding of this Council that the application for variance should be and is hereby denied because the granting of the variance would, have an adverse and detrimental affect on the health, safety and general welfare of the City, would be .contrary to City ordinances, and would perpetuate and extend a non conforming use which would frustrate the purpose and intent of the comprehensive plan and zoning ordinance of the City of Mound. Mayor City Clerk March 29, 1979 COMBS-KNUTSON ASSOCIATES, INC., ~.~ CONSULT!NG ENGINEERS ~ LAND SURVEYORS .",J SITE PLA~,ff~IERS. Reply To: 12805 Olson t,A~.morial Highway Minneapolis, Minnesota 55';41 (612) 559-3700 Hank T~uelson' Building Inspector City of Mound .5341 Maywood Road Mound, Minnesota ~ 55364 Subject': City of Mound Burned House 'Track A, RLS 1150 Dear Mr. Truelson: On March '28, 1979, I looked at the house on Tract A, RLS 1150, which 'recently burnt. .Virtually all of %he structural members from th~ first floor level up were damaged beyond repair. Many of these have been replaced with new members since the'fire. There are stress fractures in %he sublevel block walls, but these were probably not caused by the fire. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. Lyle Swanson, P.E. LS:sh cc: Curt Pearson Leonard Kopp Minneapolis Hutchinson Alexandria Granite Fails i";.1!:'¢i o,, r,:cyd:-d ~ ,;:~,r EXHIBIT A -t HC20G Area , Owner_ Address Area Code, Subdivision, Lot , Plat "Extras; Firep!ace FirepIac~ ' ~ange-Oven Dishwasher DisPosal Baths Tile Finished Bsm't. WoO. Bsm't._ Air Cond. Brick or Stone Trim __ Drive Fixt. 'i'ot al Extras: COMPUTATIONS Dimensions X Porch: · Sq. Ft, @ Rate Value ' Totals Extras:. Total [~eplgcement less Deprecbtion: Physical Functional Economic Net Value Garage: 'fot~l Less D~p Other Buildings 1-otal Value Irnproveme:~ts Land Value 'i'otah EXHIBIT B _~_/ cz ANCHORAGE. ALASKA ATEANTA, ~A. ~LINTON. N. HOME April 10, 1979 -1 INSPECTION CONSULTANTS 55 NO. LEXINGTON PKWY. ST. PAUL, MINN. 55104 224-8300 HARRISBURG, PA. HOUSTON, TEXAS HUNTSVILLE. ALA. NEW YORK. N.Y. PITTSI~URGH. PA. PHILADELPHIA. PA. RICHMOND. VAIl ROCKV~L.L.E C~NTER. N. Y. RUNNYMEDE. N. J. ST. LOUIS. MO. ~AN FRANCISCO. CALIF. Mr. Jeffrey J. Strand Attorney-at-Law LeFevere, Lefler, PeArson, O'Brien & Drawz 1100 First National Bank Building Ninneapolis, Ninnesota 55402. Re: Barned House ~ 5012 Tuxedo Blyd., Mound, Tract A, RLS 1150 Dear 1,!r. Strand: At the request of Henry Trvelson, Buildiug Inspector at Mound, Ninnesota, I inspected the burned house as noted above on March 7, 1979. The purpose of the inspection was to note the structural damage to the house by a fire ~.zhich occurred on Nay 5, 1978. I was also asked to estimate the cost to completely rehabilitate the house to its former condition based upon present day'costs. ¥~ile much of the house above the top of the foundation walls-was destroyed or made structurally inadequate because of the fire damage to major structural elements, other parts saffered water damage which could be considered for comp- lete rehabilitation. As a basis for my estimate I used a book called HOME TECH ESrIUR~ATOR published by Home-Te~ P~blications of W~s~ington, D.C. It must be said here that extensive rehabilitative work to much of the structure has been initiated ~zithout obtaining a building permit. 4E FOREGOING REPORT IS FURNISHED AT YOUR REQUEST IN STRICT CONFIDENCE BY US AS YOUR AGENT AND EMPLOYEE FOR YOUR EXCLUSIVE USE AS AN AID IN DETER- ININGTHE PHYSICAL CONDITION OF THE SUBJECT PREMISES. THIS REPORT IS INTENDED TO COVER ONLY SUCH PORTIONS OF THE PREMISES ANDIHEEOUIPM~.N[THEREIN S MAY BE EXAMINED VISUALLY; AND WE WARN YOU THAT ALTHOUGH SUCH PREMISES AND/OR EQUIPMENt MAY BE IN GOOD CONDITION WHEN EXAMINED, THE CONDITION ,AY CHANGE JHEREAFTER. FURTHERMORE, 1HIS REPORT IS NOT TO BE USED AS ABASIS FOR DETERMINING THE VALUE OF SUCH PREMISES OR WHETH~RSAMEI50RIS lOT TO BE PURCHASED. THIS REPORT IS NOT TO BE CONSTRUED AS A GUARANTY OR WARRANTY OF TH~ PREMISES OR EQUIPMENTTHERIN OR OF THEIR FITNESS FOR USE. HOME AND BUILDING INSPECTION FOR THE HOME OWNER AND BUYER 'FI. N' T-I T P~ T 'T' P While many of the remaining structural members have some structural integrity, in my professional opinion, I would. not depend upon that integrity unless every structural member damaged or scorched by the fire ~ould be subject to testin§. Because testing would be impractical if not impossible, I am a~sumin~ that the entire frame portion of the house would be replaced. Also because the entire chim- ney developed serious structural cracks from the fire, it would also have to b~ rebuilt. While my estimate, here~th?~ll deal~th the structural damage from the fire only, it must be stated that the building code says in Section 104 (b) that if additions, alterations and repairs exceed more than 50%'of the value of an existin§ building or structure, such building or structure shall be made to confo~ to the requirements for new buildings or structures. It must be said here that if the estimate is more than 50%, the foundation walls and most of the structural framing and concrete masonry of the lower level ~uld also have to be rebuilt. The following comments are herewith made from my notes on April 7, 1979 relative to the structural inadequacies as noted by my inspection. 1. 2x8 joists span 16'-0". Too Erect a span for 2x8's. Deck overhang in front of house is unsafe because the cantilever' overhang is 7'-0" on the outside. The deck is anchored 5'-0" inside the building. This type of construction does not conform to engineering practises. Rear masonry wall not structurally adequate. 4. ~h~o parallel exterio~ masonry walls sho~ extensive structural cracks. 5. Inadequate headers over all windows. e 2z4's over kitchen area are nailed together at the.center to make a structural joists. This is not an acceptable method of construction. R~'.OVAL ESTIP~ATE OF THE EXTENT OF D~.!Af~E OR RECONSTRUCTION 1. Remove 2. Remove 3 · Re?-ovo 'INSTALLATION existing roofing, roof sheathing & rafters 30' x 32' O 0.54 $/S.F. all exterior & interior walls 162 L.F. O 11.25 $/L.F. joists & sub-floor 30 x 32' x 0.47 .4. First floor joists . ~ x 32 x 2.!0 5- Install sub-floor 30 x 32 x 0.80 . , 6. Interior walls (brg. & non-brg.) 54 L. Fo O 0.84 7.' Roof framing 30 ~32 x 2.46 $/S.F. 8° Install ceiling joists 30 x 32 x .7o $/S.F. 9. Install asphalt shingles 30 x 32 x 0.65 $/S.F. 10; Install sheathing & siding 992 S.F. O 0.93 $/S.F. 2 0 2'i8.00 4 0 79.00 8 O_105.0o TOTAL ESTIMATED COST 11. Install ext. doors 12. Install int. doors 13. Windows 518. O0 1823.00 451.00 20~,6.00 768.00 45.0o 2362. O0 1632.00 624.00 923.00 436.00 3.16.00 840.00 12754.00 If you have mny further questions, contact me. VerM trulM j/ours, ~ Cnos ts~2~ ~ Zimnicwi c~f~ P.E. ~ ~vil ~ Structurat~gin~er Reg. No. 4832 CJZ/km please do not hesitate to r-he, r-db · ..,~ ~i~'- ' ' '::':'~:.'-:~, (.: ~ Morlgage Bankers · Reallors ---~ Property Managers · Insurance Agents April 26, 1979 Village of Mound 5341 Maywood Road Mound, Minnesota 55364 Attn: Leonard Kopp RE: Home at 5012 Tuxedo Boulevard, Mound, Minnesota Dear Leonard: Having looked at the subject property at 5012 Tuxedo Boulevard, it is my opinion that the fire must have caused over fifty per cent (50%) damage to the home. Not knowing the condition of the home pnior to the fire it is a little hard to make a positive statement. I base my opinion on the remaining structure that was left after the fire. If you have any questions please feel free to call me. Very truly, ~/~Eiwa~ j~~~'' ~'~ Stanke '-6-~ Vice President EJS/njl eberhardt company, mound~ inc. 2305 commerce boulevard- mound° minnesota 55364. phone (612) 472-1133 EXHIBIT D ~ May 8, 1979 Mr. Leonard L. Kopp Mound City Manager 5341 Manhood Rd. Mound, MN 55364 Dear Mr. Kopp: As per your request, I have viewed the property legally described as Tract A, Registered Land Survey No. 1150, Henne- pin County, Minnesota. It is impossible for me to say what the condition of the prop- erty was just after the fire; however, I have made the following observations after viewing the conditions of the property as they exist at the present time. ~1.~ The roof, roof boards, and rafters are gone; no lumber which represents that part is visible. Thewest and north walls are now being rebuilt. Most of the 2 x 4's for these walls are new. The exterior sheeting is new plywood. 3. The ceiling joists are mostly new. 4. The east and north walls are basically older, and appear original. 5. The sub floor is older. 6. The cement blocks or basement walls are older. Comments: After looking at the structure on May 4, 1979, it is my opinion that most of the structure is being replaced with new materials. For your information, I am including a percentage of completion report. Sincerely yours Milton Hilk EXHIBIT E Cb $2 PERCENT3GE OF CO~IPLETIO~, REPORT INSPECTION DATE BUILDING PERbtIT DbTE ISSUED CONTRACTOR PLAT PARCEL OWNER LEGAL DESCRIPTION 'Z"','"~ ,: ~' ,-'I CONSTRUCTION PEASE A Excavation 2 Forms Set 4 Foundation &/or Blocks il ? Joists Set Subfloor Framed Sheathed Roof (shingled) Windows Set SidinM On Chimney ~b Fireplace 9 11 17 25 27 32 37 Furnace Set & Connected 44 PlumbinR Roughed In S0 52 Wiring Roughed In Insu la ted 52.5 Lathed 54.5 Plastered 59.5 Floors Laid 62.5 Interior Trim & Cabinet,' 67.5 69.5 Doors HunR, Water & Se~er Connected 71.5 Basement Floor 73,5 Wiring Finished 75.5 Plumbing Fixtures LinOleum Laid Exterior Concrete Wo~rk"' 7'3.5 Interior Decorating 80.5 82.5 Ou ~side Painting{ 85.5 Driveway 87.5 91.5 92.S Finish }{ardware Floors Finished Extra & Miscl A-CUI.~LATIVE % B-SINGLE UNIT ~ M-~.~TERIAL ON HAND P-WORK IN PROGRESS 93 * 100 2 ~'~' 0.5 , 5 2 2 2 3 3 1 " -0.5 NOTES - PICTURES COLUb~4 A COLUHN B INSPECTED BY: 10 ' :. ~,..;.:r:,,, t. '-~. LICENSED, BONDED, AND INSURED ' './ / .''-.. :':.;~ , ~,''': '""'"'"'" ':'":"'." ' ~': '."' · ' PHONE (612) 377-1322 '" ,' t. . . ;' ~"" Z/~',/ :: ..'-. CONTRACT AND AGREEMENT I/We, the owner(s) of the premises mentioned below, hereby contract ~ith and authorize you as contractor, to furnish all necessa~/materials, labor and workmanship, to install, construct and place the improvements according to the following specifications, terms and condition~, on premises below described: - l..;~ .../../.~.::.z~?>u,z.~ .., 're~ephone -. O,,,ner', .am~ ~ ',/.V ,,. '": '~ '--~._ .~,.,_,__,.~ . :,r; ' / ~..~,;' '" Jo/5 Address f '7~'" _'3,. ; £L:,"..-'..(:'..; .. /'~,.~-'~f' ' City State . . - . ~:'. ...... ' · ' SPECIFICATIONS ,_- :,.,~ -,,....~ ,, '~ ).' ;.?, /~.~¢ ~,,~.,'_r .,~,~...,..,, .... :, , ~L-:,..~.: r ..,.:-~-.-..~ ... .-~.~.~ ~. ,~ ~,-.,~.--.~. -.-~.-~--- · 1. · . · .~ ~., ~ , . ',,,,,;,~. ,~ ~ ~,~,~'.~., , /'.' - --//,~--,':~ ~..~x~'~,~L~ ,~ t~ o~.~ ~:~ ~,~ ~~ ,(~,) ~- P~ .tx · . . ,, ~,~.' " ~ ~ ' . .. ' · ' ' - ~.'.~ (i -;~ " -~,- /~ x ~ "- ~..: ' , .... ".~. .~ "" ~ .~ .; "_~ _ .' .¢ ' Z:," ~'-' "' .; ':: '.~.,. ':. (~'~.,~ ,~ , t ~1~ (~t~t~,.~ ..~ ~~1~ ~t .~.~' -.~- ~-~--~-~ J~.~ '~-~ . -'. ...... ' ~ ' .. -... .. .. ' Deferred Payment Price is computed as follows:/~ "1. Cash Price . - -. : ,.,. ~'... · $ .(2)' ,,,, ,/~ ,~,' L/ Total Downpayment, 10. Scheduleot Payments. Thetotal of Payments {Item 7) is payableat 3. Unpaid Balance of Cash Price (1-2) $ (3) Seller's office designated below or at such other officedesignated 4. Other Charges Financed: $ Sales Tax (Not included in Cash Price) . by any assignee of this contract in equal consecutive [Computed on Unpaid Balance of Cash monthly ( ) installments of $ :each and ;- Price plus Cash Downpayment]" ' .' ;- 'one final installment 'of $ .., on the day of Official Fees for: '* $ · each month ( ) commencing Lien search, perfection & release -~., .. ,19 ...., or as indicated: ',.. Premium. for credit life insurance Premium fc~r credit I'ife and ', '- .disability insurance Total Other. Charges $ '~"- Less: Cash Paid. if any $ Total Other Charges ~inanced $ (4) 5. Unpaid Betance ~ Amount Financed (3 + 4) $ (5) The purchase of insurance coverage is voluntary and not 6. FINANCE CHARGE $ (6) required for credit. (Type of insurance) 7. Total of Payments (5+ 6) $ (7) 8. Deferred Payment Prlce (1 + 4 + 6) $ (8) insurance coverage is available at a cost of $ 9. ANNUAL PERCENTAGE RATE % (9) for a term of credit. I desire insurance coverage Signed ............................ Dat~ ..................... Date ......... ; ........... I do not desire insurance coverage Signed .................................................. Seller is entitled to lien rights to the property shown as address of buyer unless otherwise specified. Buyer agrees to execute a promissory note upon delivery of goods or completion of services. Finance charge will begin to accrue from date of said note. ANY UNPAID BALANCE MAY DE PAID. AT ANY TIME. WITHOUT PENA .L'rY AND ANY UNEARNED FINANCE CHARGE WILL BE REFUNDED BASED ON THE "RULE OF 78%". I i~ Purchaser defaults in the payment of any installment and such default continues for more than 10 days. Purchaser agrccs to pay a late charge of 5% of the installment or $5.00 ($3.00 in Ohio}. whichever is lesser. Tills CONTRACT IS SUBJECT TO ACCEPTANCE BY DE LUXE BUILDERS & REMODELERS. INC. AND APPROVAL OF THE IN WITNESS WHEREOF the parties have hereunto signed their names this of ' Signed DO NOT//IAKE CHECKS PA YABLE TO ANY INDIVIDUAL -- MAK~,LL/CflECK-S PA YADL -E~'[O COMPAI~IY ' · . / - . .. ,..,~ .' -,,.-,.__..~ ,.,.... ,.,,...,. :,,.,,.,'r:-. ~ '. ..... .'~_..__.~.: · r ~ . ' , _ ~,.j.,~.O/ ..- ' . .. . ;~ ~,.__5\"~-' ". '_ ..... ... Company Represen. laSve . / z" t-~ ~,. .... . ' .~" 'Own~er ';..._.L':',_~._.~ Accepted ~o c m o >o 0 0 m ,:" Signed Owner CITY OF MOUND Mound, M|nne$ota May 21, 1979 INFORMATION MEMORANDUM N0. 79-60 SUBJECT: Salary Plan - Office Employees At the time salaries were established last year for the office employees, the Council requested a wage plan be made for this year. Stanton Associates do the Metropolitan Wage Survey and have made plans for other Cities such as St. Anthony, Anoka, Plymouth and St. Louis Park. Attached is a proposal for them to work On Mound. If the Council is interested, we could have a representative to the June 5th or June 12th Council meeting to explain the proposal. Leonard L. Kopp ,.~,/ v STANTON ASSO ~TE$ INC. Leonard L. Kopp Proposal JOB CLASSIFICATION/SALARY ADMINISTRATION and PERFORMANCE REVIEW PROGRAM for NONEXEMPT OFFICE POSITIONS City of Mound, Minnesota May, 1979 Stanton Associates, Inc. 1821 University Avenue St. Paul, Minnesota 55104 (612) 646-7154 Proposal City of Mound, Minnesota I. OVERALL OBJECTIVES To provide guidance in developing a job classification and salary administration system for nonexempt office positions which will establish an equitable relationship among the positions and provide for sound and competitive pay structures. To recommend procedures and policies for effective review of employee performance. To maintain a work climate in which employees recognize the importance of their jobs and are motivated to work up to their potential. II. RELATED GOALS TO BE ACHIEVED Involvement of personnel in a manner which will result in confidence for the completed program. Review and audit of' existing job descriptions for non- exempt.office positions. Evaluation of all nonexempt office positions to estab- lish the relative importance level of such positions to the City. Establishment of appropriate classification (respon- sibility) levels for all evaluated positions. Recommendation of competitive salary structure for office positions. Development of salary administration and performance review procedures and policies consistent with the overall objectives of the completed program. Facilitating compliance with various federal/state laws and regulations related to employment practices. Providing additional recommendations which will help achieve successful implementation of the program. Stanton AssociaLe$, Inc. III. SCOPE OF PROPOSED ASSIGNMENT This assignment will include approximately eight to ten. nonexempt office positions. IV. OUTLINE OF RROCEDURES TO BE FOLLOWED It is suggested an introductory letter over the Mana- ger's signature be sent to all employees included in this Study. Introductory meetings will be held to explain the nature of the Study and procedures to be followed. Follow-up interviews may be conducted with individual department heads and/or employees as justified to further clarify the content of a particular position, Consultant will recommend changes in existing job de- scriptions as justified. Indicators of performance will be included in such write-ups. Following finalization of job descriptions, permanent evaluation committee members will be selected. Depart- ment heads will serve as rotating committee members when jobs under their jurisdiction are being evaluated.* Appropriate classification levels for nonexempt office positions will be recommended. Competitive salary structures will be recommended for nonexempt office positions. Related salary administration and performance review policies and procedures will also be recommended. Consultant will make a final report to the Mound City Council, with interim progress reports as requested or necessary. Following program approval by the City Council, group meetings will again be held to explain and interpret the completed Study. *Refer to attached "Procedures and Principles to be Recognized in the Job Evaluation Process" Stanton Associales, Inc. VI. VII. V. STAFFING FOR THIS ASSIGNMENT .Responsibility for follow-through on this assignment will be assumed by Roderick M. Kelsey. Overall accountability for successful completion is with Frank D. Stanton, CMC*, President of Stanton Associates, Inc. TIME REQUIRED TO COMPLETE ASSIGNMENT Approximately one to two months from beginning date. COST ESTIMATE Based on the scope of this assignment, as defined, the cost will be in a range from $1,900 to a maximum, of $2,900. Should involvement of Consultant consume less time, the project estimate will be proportionately reduced. Billing above the minimum, of the range estimate will be discussed and substantiated prior to submission. *Certified Management Consultant 3 Stanton A$$oclaf.{$, Inc. . . STANTON ASSOCIATES INC. PROCEDURES AND PRINCIPLES To Be Recognized in JOB EVALUATION'PROCESS Stanton Associates, Inc. 1821 University Avenue St. Paul, Minnesota 55104 The Job Evaluation process is an important step in the development of a sound and respected Salary Administra- tion Program. Job Evaluation takes place following the auditing and/ or preparation of Job Description. Job Evaluation is a systematic method of determining the internal relationship of positions within an organization. The process of Job Evaluation. involves the analysis of a job (not a person) to determine its requirements, responsibilities assigned, and its influence on City operating results. Job Evaluation will analyze a specific job in terms of requirements to perform it in a fully satisfactory manner, not in terms of hiring requirements or requirements for superior performance. The evaluation method to be used is known as a point system, also often referred to as a point-factor system. This system is the most respected and generally recog- nized and used system in business, industry and government today. .... However, the factors, weightings and techniques used in the job evaluation process may and do vary from one employer to another. Differences in jobs with government also require varia- tions in the factors used. For example, a factor used in some job evaluation systems is "Planning." ~ile the "Planning" factor is important in the evaluation of .administrative-management positions, it is not critical in the evaluation of nonexempt office positions. --- Therefore, different factors and thus different job evaluation techniques are used to evaluate jobs within the same organization. Stanton A$$ociaLes, In'(:. In the City of Mound a separate job classification and salary structure will be developed for the following: --- Nonexempt Office Positions A Job Evaluation Committee will be appointed. This Committee will usually consist of two permanent mem- bers. Such members need to be respected as open-minded and knowledgeable top administrative-level people by the employees whose jobs will be affected by the job evaluation process. --- Their role is to provide objectivity and consistency in the evaluation process. In addition, individual department heads will function as a rotating member of the Evaluation Committee when positions under their supervision are being evaluated. 10. Representatives of Stanton Associates, Inc., will 'be present as recorders and resource people to guide the evaluation procedure. 11. Job Description will be made available to each member of the Evaluation Committee for reference purposes in the evaluation process. 12. The procedure will be to complete evaluations of all positions within a department on one factor before moving on to the next factOr. --- Experience has shown this procedure results in more consistent ratings. 13. During the evaluation process, frequent reference is encouraged by Evaluation Committee members to how other positions were rated on a particular factor. 14. No intentional reference is made to point values, salaries of job incumbents, or present salary ranges of positions during the evaluation process. --- Experience has shown more reliable, objective and consistent evaluations are achieved if such distractions are avoided. ~tanton kssociaLes, Inc. 15. Results of the job evaluation process will be reviewed with the respective department heads as they relate to positions under their supervision. 16. Thereafter, department heads will be provided an oppor- tunity to review the overall results of the evaluation process as they relate to how positions are classified ~in other departments. 17. The Evaluation Committee will, after the initial evalu- ation process, reconvene from time to time as may be justified to evaluate positions where position require- ments or responsibilities have changed or new positions have been established. Stanton As$oc;~f. es, Inc. CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 May 21, 1979 TO: FR@{: SUBJECT: Leonard Kopp Public Works Director Information Memos Street Lights Ail the lights on Commerce Blvd. are working except the one closest to Netka's Apartments. It is N.S.P. problem and they are working on it. The contractor should be in to work on the lights on Shoreline about next week. Welcome Signs They were all installed last week by the Parks Depa.rtm~nt there will be no further memos on this. Respectfully~ ~ Robert Shanley '-'~' Public Works Director RS/jcn /y33 LAKE MINNETONKA CONSERVATION DISTRICT 2. 3. 4. Be AGENDA Regular Meeting, 8:00 p.m., Wednesday, May 23, 1979 Gray Freshwater Biological Institute Navarre, Minnesota Call to Order Roll Call Minutes: April 25, 1979 and May 5, 1979 Treasurer's Report A. Monthly Financial Report B. Bills C. 1978 Financial Statement Committee Reports A. Water Structures & Environment Committee (1) (2) (~) (4) (5) (~) (7) (8) (9) (10) Public Hearing Report: Pemtom (Eagle Bluff) Public Hearing Report: Mai Tai Public Hearing Report: Foxhil.1 Public Hearing Report: Norris Variance 1979 Dock License Renewals 1979 New Dock Licenses District Mooring Area'Permits Environmental Report Food Stand Seton Channel Other B. Lake Use Committee (1) Q.W. Requests Review (2) Mooring PermitComplaint (3) Special Event Permit: Lord Fletchers (4) Special Event Permit: U.L.M.Y.C. (5) Shoreline Guidelines and Aesthetics Review (6) Other Other Business Adjournment 5-18-79 10455 Morris Road Bloomington, Mn. May 18, 1979 55437 Mr. Leonard Kopp, City Manager Mound City Hall 5341 Maywood Road I~ound, Minnesota 55364 Dear Mr. Kopp, I would like to remind you of my position regarding the Platted Private Alley at the rear of Lot 42, Phelps Island Park, First Division. This area is still a part of the Torrence Title on .our property, and we are paying taxes on it. I have consulted with our attorney, Ralph Tully, and he is of the opinion that the Roelofs proceeding dealing with the platted alley at the rear of Lot 41, does not determine the status of our property. We did not join as a party in the Roelofs action, and if in fact we must proceed to court, our action will be on an entirely different basis than the Roelofs suit. Remember that you, in the past, had informed me that the City of Mound had no interest or claim to this property. To improve this area for a public road would cause us to consider our various remedies. Since this area was platted as a private alley, why are some people so anxious to turn it into a public street? We did not request this "improvement" to our property, and we have joined with other owners who would be affected, in requesting that this "street improvement" be ~terminated at once. %~e do not want this private alley improved, and to do so is not only a wasteful spending of tax money, but also an attempt to override the rights of tax paying citizens who do not want the so-called benefits of this proposed street. All tax parcels abutting this area have access to Tuxedo Boulevard by using either Dorchester or Manchester as exits from their property. I find it hard to understand ~y the city would knowingiy build a road on a very unsuitable lowland area, and at a great deal of expense. The road will be underwater each spring, and be in constant need of repair at continually greater costs. It should also be pointed out that since the lowlands behind the alley are only about 200 feet from Lake ~iinnetonka, and provide an area for ducks to swim and fish to spawn, that any permanent street would disturb the natural drainage of that area. For this reason, this project may require permi~ts from the Minnehaha Creek Watershed District, the Department of Natural Resources, and possibly even a further environmental impact statement. /q$1 I would like to again say, as I did in my phone conversations with you and others in December of 1978, that we do not want the private alley to the rear of our property to be improved, and in fact, you have no legal right to do so. When I originally registered my protest to this street improvement last December to Mr. Lyle Swanson, an engineer for McCombs- Knutson Associates, he indicated to me that even though the total block of street improvements may get approved, that at any later date there could be changes, ammendments or deletions to the project. I now request that at this time you delete the proposed street improvement work on the private torrenced proper~y at the rear of Lot 42, Phelps Island Park, First Division. Yours truly, Arlett E.' Moline Mayor Tim Lovaasen and Council Members Lyle Swanson Fred Malueg Curtis A. Pearson Ralph Tully 7¥30 STATE OF MINNESOTA DEPARTMENT OF COMMERCE ST. PAUL, MINNESOTA 5510~ (612) 296-___6848 May 16:1979 The Honorable Tim Lovaasen Mayor, City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Cooks Bay Associates Project Dear Mayor Lovaasen: The Commissioner of Securities has examined the application and exhibits submitted by you relating to the proposal to offer revenue bonds as authorized by the Municipal Industrial Development Act. Based upon the information submitted by you, approval of the project is hereby granted by the Commissioner of Securities. Such approval shall not be deemed to be an approval by the Commissioner or the State of the feasibility of the project or. the terms of the revenue agreement to be executed or the bonds to be issued therefore. Very truly yours, ~[ARY ALICE BROPtlY Commissioner of Securities }~B:cg CC: Joel R. Essig Surfside Inc. 2670 Commerce Blvd. Mound, Minnesota 55364 MINNESOTA COMMERCE DEPARTMENT · AN EQUAL OPPORTUNITY EMPLOYER REGULAR MEETING OF THE CITY COUNCIL May 1, 1979 ?ursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin. County, Minnesota was held at 5341Maywood Road in said City on May 1, 1979 at 7:30'p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Benja- min Withhart, Robert Polston and Donald Ulrick. Also present were City Manager Leonard L. Kopp and City Clerk Mary N. Marske. MINUTES The ~inutes of the meeting of April 24,1979 were presented for consideration. Swenson moved and Withhart seconded a motion to approve the minutes of the meeting of April 24, 1979 with a correction on page one: paragraph three, to read 'Councilmember Ulrick left at 10:00 p.m. due to a death at the Mound Westonka School.' The vote was unanimously in favor. PUBLIC HEARING Special Use. Permit -4839 & 4853 Shoreline Drive The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said special use permit. 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 special use permit and persons present to do so were afforded an opportunity to express their views thereon. No persons presented objections and the Mayor then closed the public hearing. : Withhart moved and Ulrick seconded a motion RESOLUTION 79-161 RESOLUTION APPROVING A SPECIAL USE PERMIT WITtt · CERTAIN STIPULATIONS FOR THE PROPERTY AT 4839 AND 4853 SHORELINE DRIVE The vote was unanimously in favor. DRURY LANE CLOSING The Mayor left the meeting at 8:00 p.~T~ Polston moved and Ulrick seconded a motion RESOLUTION 79-162 RESOLUTION DENYING THE CLOSING OF DRURY LANE AND DIRECTING THE STAFF TO DRAFT AN ORDINANCE TO PEACE A STOP SIGN AT THE INTERSECTION OF DRURY AND CUMBERLAND The vote was unanimously in favor. 1979 STREETS Bluebird Lane Ulrick moved and Swenson seconded a motion RESOLUTION 79-1G3 RESOLUTION APPROVING THE CONSTRUCTION OF A 26 FOOT STREET WITH NO PARKING ON EITHER SIDE ON BLUEBIRD LANE FROM THREE POINTS BOULEVARD TO THE NORTHERLY TERMINATION SOUTH OF JENNINGS ROAD The vote was unanimously in favor. May 1, 1979 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Tim Shay, 4633 Manchester Road asked whet plans are proposed for street lm- provemehts on Manchester Road. LICENSES AND PERMITS Restaurant License Renewals Ulrick moved and Swenson seconded a motion RESOLUTION 79-164 RESOLUTION AUTHORIZING THE ISSUANCE OF RESTAURANT LICENSES AS LISTED ON C.M. 79-141, C.M. 79-149 AND C.M. 79~140 The vote was unanimously in favor. Cigarette License Swenson moved and Ulrick seconded a motion RESOLUTION 79-165 RESOLUTION AUTHOR!ZI:NG THE !SSUANCE OF A CIGARETTE LICENSE FOR THE HOLE I:N ONE BAKE SHOP. The vote was unanimously in favor. Off Sale Beer Licenses Ulrick moved and Swenson seconded a moti'on RESOLUTION 79-166 RESOLUTION AUTHORIZ!NG THE ISSUANCE OF OFF SALE BEER LICENSES AS LISTED ON C~M. 79~142 AND C,M. 79-149 The vote Was unanimously in favor. On Sale Beer Licenses Ulrick moved and Polston seconded a motion RESOLUTION 79-167 RESOLUTION AUTHORIZING THE ISSUAHCE OF ON SALE BEER LICENSES AS L~STED ON C.M, 79-142 AND C.M. 79-149 The vote was unanimously in favor. Juke Box Licenses Ulrick moved and Swenson seconded a motion RESOLUTION 79-168 RESOLUTION AUTHORIZING THE ISSUANCE OF A JUKE BOX LICENSE AS L!STED ON C.M, 79~143 AND C.M. 79-149 The vote was unanimously in favor. Games of Skill Ulrick moved and Polston seconded a motion RESOLUTION 79-169 RESOLUTION AUTHORIZING THE ISSUANCE OF GAMES OF SKILL PERMITS AS LISTED ON C.M. 79-143 AND C.M. 79~149 The vote was unanimously in favor. May 1, 1979 Bowlin§ License Polston moved and Ulrick seconded a motion RESOLUTION 79-170 RESOLUTION AUTHORIZING THE ISSUANCE OF A BOWLI~IG LICENSE TO MOUND LANES. The vote was unanimously in favor. Pool Table Licenses · Polston moved and Swenson seconded a motion RESOLUTION 79-171 RESOLUTION AUTHORIZING THE ISSUANCE OF POOL TABLE LICENSES TO V.F.W. POST 5113 AND THE BRIARWOOD The vote was unanimously in favor. .~ Entertainment Permit - Briarwood Ulrick moved and Swenson seconded a motion RESOLUTION 79-172 RESOLUTION AUTHORIZING THE ISSUANCE OF AN ENTER- TAINMENT PERMIT TO THE BRIARWOOD The vote was unanimously in favor. CITY LAND -- Ulrick moved and Swenson seconded a motion RESOLUTION 79-173 RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO ENTEF INTO A LEASE AGREEMENT WITH RAY KRAMER FOR GARDEN SPACE The vote was unanimously in favor. TAX FORFEIT LAND - LOT 8, BLOCK 2, DREAMWOOD Polston moved and Ulrick seconded a motion RESOLUTION 79-174 RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO PURCHASE LOT 8, BLOCK 2, DREAMWOOD AT PRIVATE SALE The vote was unanimously in favor. DELINQUENT UTILITY BILLS Polston moved and Swenson seconded a motion RESOLUTION 79-175 RESOLUTION-PROVIDING FOR A PUBLIC HEARING REGARDING DELINQUENT UTILITY BILLS TO BE HEARD ON MAY 22, 1979 AT 7:30 P.M. ..- The vote was unanimously in favor. The Mayor returned at 8:45 p.m. INFORMATION MEMORANDUMS '1979 I~provement Bonds Polston moved and Swenson seconded a motion to set June 20, 1979 at 2:30 p.m. to open bids for General Obligation Improvement Bonds. The vote was unanimously in favor. Water Connection With Spri.ng ?.ark The Council recommended that the Water Committee meet again and'negotiate costs of the water connection with Spring Park. May 1, 1979 Unaergroun~ Gasoline Storage Polston moved and Ulrick seconded a motion. RESOLUTION 79-176 RESOLUTION REQUESTING THE CITY ATTORNEY TO DRAFT AN ORDINANCE TO PROHIBIT UNDERGROUND STORAGE OF GASOLINE" The vote was unanimously in favor. Other items discussed by the Council included: Jaycees Carnival, Sergeants Union Contract and the seal coating schedule and Beachside Development, Police Report . Withhart moved and Polston seconded a m~tion authorizing the payment to the police consultant as agreed in the contract. Roll call vote was ~ithhart, Polston and Lovaasen voting aye and Ulrick and Swenson voting nay. Polston moved and Swenson seconded a motion to make the report regarding the Police Department available to the public. The vote was unanimously in favor. ADJOURNMENT Swenson moved and Withhart seconded a motion to adjourn to the. next regular meeting on May 8, 1979 at 7:30 p.m. The vote was unanlmous}y in favor, so 'adjourned. Mary H. Marske, City Clerk/Treasurer Leonard L. Kopp, City Manager REGULAR MEETING OF THE CITY COUNCIL May 8, 1979 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound was held at 5341Maywood Road in said City on May 8, 1979 at 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Benjamin Withhart, Robert Polston, Gordon Swenson and Donald Ulrick. Also present were City Manager Leonard L. Kopp, City Attorney Curtis A. Pearson, City Engineer Wm. McCombs and City Clerk Mary H. Marske. PUBLIC HEARINGS' ~Special Use Permit - A1 & Alma's The Mayor reopened the public hearing for input on said special use permit and persons present were afforded an opportunity'to express their views thereon. No persons presented objections and the Mayor then closed the public hearing. Withhart moved and Polston seconded a motion to continue this item. The vote was unanimously in favor. Inverness Lane - Water, Sewer and Street Improvement Withhart moved and Ulrick seconded a motion RESOLUTION 79-177 RESOLUTION PROVIDING FOR A PUBLIC HEARING FOR THE VACATION OF CUMBERLAND FROM STRATFORD TO TUXEDO TO BE HEARD ON JUNE 5, 1979 AT 7:30 P.M. The vote was unanimously in favor. ~ NON CONFORMING USE ~ TRACT A, R.L.S. 1150 Polston moVed and Lovaasen seconded a motion directing the City Attorney to draw a resolution stating the Council's findings regarding the status of the residence at 5012 Tuxedo Boulevard be established as more than 50% destroyed by fire. Roll call vote was four in favor with Swenson voting nay. Withhart moved and Swenson secondedz~ motion RESOLUTION GRANTING THE NECESSARY VARIANCES ALLOWING THE REBUILDING OF THE STRUCTURE AT 5012 TUXEDO BOULE- VARD TO MEET BUILDING CODES. The resolution failed on a roll call~vote with four against and Swenson voting aye. BIDS ON AERIAL PLATFORM FIRE TRUCK Withhart moved and Ulrick second6d a motion RESOLUTION 79-178 RESOLUTION ACCEPTING THE BID OF SUTPHEN TAKING INTO CONSIDERATION THE DESIRABLE FEATURES AVAIL- ABLE PROVIDING DELIVERY BE MADE WITHIN ~ENTY FOUR MONTHS The vote was unanimously in favor. PLANNING COMMISSION RECOMMENDATIONS Lot Size Variance- Lot ll, Block 15, Arden May 8, 1979 Polst0n moved and L0vaasen seconded a motion RESOLUTION 79-179 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO GRANT THE.SIDE YARD VARIANCE. The vote was unanimously in favor. Front Yard Variance - Lot 3 and 4, Block 15, Devon Swenson moved and Withhart seconded a motion RESOLUTION 79-180 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO GRANT THE NON CONFORM- ING.USE'VARrANCE The vote was unanimously in favor. Front Yard Variance - Lot 1 & 2, Block 2, Bay Ridge Addition Ulrick moved and Polston seconded a motion RESOLUTION 79-181 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO GRANT THE FRONT YARD VARIANCE. The gore was unanimously in favor. Side Yard Variance - Lot 17 and Part of 16, Block 14, The Highlands Ulrick moved and Polston Seconded a motion RESOLUTION 79-182 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO GRANT THE SIDE YARD VARIANCE. The vote was four in favor with Withhart voting nay. Non Conforming Use - Lot 49, Whipple Shores Swenson moved and Polston seconded a motion RESOLUTION 79Z183 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF . THE PLANNING COMMISSION TO GRANT THE NON CONFORM- IllG USE The vote was unanimously in favor. Side Yard Variance - Lots 4 & 5, Block 2, J. S. Carlson Addition .Polston moved and Withhart seconded a motion RESOLUTION 79-184 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO GRANT THE SIDE YARD VARIANCE The vote was four in favor with Withhart voting nay. Street Fron~ Variance - Lot 1! and Part of Lot 10, Block 3, The Highlands Polston moved and Swenson seconded a motion RESOLUTION 79-185 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANIIING COMMISSION TO GRANT THE STREET FRONT VARIANCE The vote'was unanimoasly in favor. Hay 8, 1979 Street Front Variance - Lot 2, Block 1, Millpond Withhart moved and Swenson seconded a motion RESOLUTION 79-186 RESOLUTION TO CONCUR WITH THE RECOMMENDATION.OF THE PLANNING COMMISSION TO DENY THE SIDE YARD VARIANCE. Roll call vote was unanimously in favor. Non Conformin9 Use - Lot 7, Block 7, Shadywood Point Polston moved and ~lithhart seconded a motion to continue this item to May 22, 1979 and direct a letter to the adjacent Property owner. The Vote was unanimously in favor. Final Plat - Rustic Place Lovaasen moved and Withhart seconded a motion RESOLUTION 79-187 RESOLUTION APPROVING THE FINAL PLAT OF RUSTIC PLACE ESTABLISHING A 35 FOOT STREET SETBACK. The vote was unanimously in favor. Beachside Development" Swenson moved and Withhart seconded a motion RESOLUTION 79-188 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING THE REZONING OF THE BEACHSIDE PROPERTY TO BE HEARD · . JUNE 5, 1979 AT' 7:30 P.M. ANDTHE NOTICE SENT INCLUDE THE RECOMMENDATION OF THE PLANNING COMMISSION. The vote was unanimously in favor. Lovaasen moved and Swenson seconded a motion to waive the rezonin9 fee on-the Beachside property. The vote was four in favor with Polston voting nay. Parking at Mound State Bank The building inspector reported on the problem of the bank drive in teller. PRELIMINARY REPORT.- CHESTNUT ROAD Polston moved and Ulrick seconded a motion RESOLUTION 79-189 RESOLUTION ACCEPTING THE PRELIMINARY REPORT AND PROVIDING FOR A PUBLIC HEARING ON JUNE 12, 1979 AT 7:30 P.M. The vote was unanimously in favor. LICENSES JCigarette & Restaurant Licenses - Seton Quick Stop Withhart moved and Polston seconded a motion to table this item. was unanimously in favor. Off Sale Beer License Withhart moved and Swenson seconded a motion RESOLUTION 79-190 The vote' RESOLUTION AUTHORIZING ISSUANCE OF AN OFF SALE BEER LICENSE FOR THE NATIONAL FOOD STORE The vote was unanimously in favor. /'-/Al May 8, 1979 Restaurant Licenses Polston moved and Withhart seconded a motion RESOLUTION 79-191 RESOLUTION AUTHORIZING THE ISSUANCE OF RESTAURANT LICENSES TO BRANTyIS AND THE HOUSE OF HOY. The vote was unanimously in favor. On Sale Beer License Withhart moved and Polston seconded a motion R~SOLUTION 79-192 RESOLUTION AUTHORIZING THE ISSUANCE OF AN ON SALE BEER LICENSE TO THE HOUSE OF MOY. The vote was unanimously in favor. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT No comments or suggestions were presented at this time. MUNICIPAL CLERK'S WEEK Ulrick moved and Withhart seconded a motion RESOLUTION 79-193 RESOLUTION DESIGNATING THE WEEK OF MAY 14, 1979 .:. AS MUNICIPAL CLERK'S WEEK. The vote was unanimously in favor. STATE HANDICAPPED AWARENESS WEEK WithhaPt moved and. Ulrick seconded a motion RESOLUTION 79-194 RESOLUTION DESIGNATING THE WEEK OF MAY Ill, 1979 AS HANDICAPPED AWARENESS WEEK. The vote was unanimously in favor. ACTING CITY MANAGER Polston moved and Swenson seconded a motion RESOLUTION 79-195 RESOLUTION APPOINTING MARY MARSKE ACTING CITY MANAGER MAY 9, 10 AND 11, 1979. The vote was unanimously in favor. TRANSFER OF FUNDS ~ Polston moved'and Withhart seconded a motion RESOLUTION 79-196 RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN CITY FUNDS. The vote was unanimously.in favor. PAYMENT OF BILLS Polston moved and Withhart seconded a motion to approve payment of the bills as presented on the prelist in the amount of $95,786.36 where funds are available. The vote was unanimously in favor. May.8, 1979 BOND RATING Withhart moved and Polston seconded a motion RESOLUTION 79-197 RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO ENTER INTO AN APPLICATION AND AGREEMENT FOR MOODY'S MUNICIPAL BOND RATING. The vote was unanimously in favor. Appraisal -: Bus:'Garage The City Manager reported on the status of the negotiations on the use of the bus garage. Other matters discussed by the Council included: lights on Commerce Boulevard, the Police Report, Surfside debris, A1 and Alma's. M.H.F.A. House Improvement Grant Withhact moved and Polston seconded a motion RESOLUTION 79-198 RESOLUTION AUTHORIZING THE MAYOR AND MANAGER TO ENTER INTO AN AGREEMENT WITH HENNEPIN COUNTY FOR M.H.F.A. HOUSE IMPROVEMENT GRANTS. The vote was unanimously in 'favor. ADJOURNMENT Withhart moved and Polston seconded a motion to adjourn to the next regular meeting on May 15, 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 5-22-79 CITY OF MOUND Mound~ Minnesota May 18~ 1979 COUNCIL MEMORANDUM NO. 79-175 SUBJECT: Street Vacations - Public Hearings The Council has called public hearings to consider the vacation of parts of three streets: 1. Carnarvon Lane - Wilshire to Denbigh 2. Kinross Lane - Alexander to Dundee 3. Shorewood Lane - 5 feet on each side between Resthaven and Lakeside Carnarvon Lane - Wilshire to Denbigh This street has never been opened, The Utility Companies, the Public Works Department and the Police Department have indicated no need for the street and the Planning Commission has recommended vacation. Kinross Lane - Alexander 'to Dundee This street is unopened. The Police~ Public Works and Utility Companies indicate no need for the street except: N.S.P. would'like to reserve an easement over the "South 10 feet of the Westerly 140 feet". The Engineer states, "If this street is vacated, the City should retain temporary easements on both ends. Ten feet is required on Dundee and 15 feet on Alexander." The vacation is recommended with the City retaining the easements re- quested by NSP and the Engineer. Shorewood Lane - 5 feet on each side (a) From the southeasterly line of Lots 18, Block 3~ Shadywood Point to the westerly line of Lot 3, Block 2 (b) From the Southeasterly line of Lot 6, Block 12, Shadywood Point, to the westerly line of ~ot 14, Block 11, Shadywood Point. This portion of street was originally platted 60 feet and the houses on the northerly side are built close to the right of way. The Utility Companies do not object to the vacation. The Engineer recommends a drainage and utility easement be kept on the entire 60 feet of R.O.W. - See copy of letter attached. ~ ...../~eonard L~ Kopp · ~ -- I t17 CONSULTING ENGINEERS ~ LAND SURVEYORS ~1 SITE pLANNERS Druary 12, 1979 Reply To: 12805 Olson Memorial Highway Minneapolis, Minnesota 55441 {612) 559-3700 Mr. Leonard Kopp City Manager city of Mound 5341 Maywood Road Mound, Minnesota 55364 Subject: City of Mound Street Vacation Shorewood Lane'~' Dear Mr. Kopp: As requested, we submit the following recommendation on vacating 5 feet on each side of Shorewood Lane between Res%haven and Lakeside where the street presently has 60 feet of R.O.Wo 1) The City utilities (sewer, water and forcemain) are ~/well within the center 50 feet of the R20.W., however the water shutoffs are within 5 feet of the R.O.W. 2) If this street is improved and curb and gutter installed we would, probably need a portion of the outside 5 feet of R.O.W. for storm sewer purposes. 3) We have not located NSP, telephone or gas lines on the street. These agencies 'should be contacted prior to vacating any portion of the R.O.W. ~ We would have no objections to the outside 5' of R.O.W. being vacated for street purposes in front of Lots 20 thru 23, Block 3, Lots 1 and 2, Block 2 and Lots 1 thru 5, Block 12, Shadywood. We would, however, recommend that a drainage and utility easement be retained on the entire 60 feet of R.O.W' Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. Lyle Swanson, P.E. LS:sh /¥/7 -22-79 CITY OF MOUND Mound, Minnesota May 17, 1979 COUNCIL MEMORANDUM NO. 79-169 SUBJECT: Public Hearing - Dove Lane Sewer A public hearing to install sewer on Dove Lane where the street is being constructed has been called for May 22nd. This was covered by Council Memorandum 79-133 (Pages 1039-1042). ' L~onard L. Kopp J L 5-22-79 CITY OF MOUND Mound, Minnesota May 17~ 1979 COUNCIL MEMORANDUM NO. 79-173 SUBJECT: Public Hearing - Delinquent Utility Bills At the May 1, 1979 meeting, the Council set the date of May 22nd for the Public Hearing on the attached list of delinquent utility bills. An updated list showing any payments made will be available at the meeting. for Council Meeting of 5-1-79 DELINQUENT WATER & SEWER ACCOUNTS 4-27-79 Account Individual Billing Amount 33~406--2616~ 11 ................... Ri ggs & .Ash_~:2612__Tyrone __: ................ ..............$40.7-4.~1.. 33-439-4724-21 Danny Mc Carry - 4724 Wilshire Blvd. 34,08 33-442-4452--41 Fred Prieve , /~452 Denbigh Rd 33-460-4663-81 M. Bosma - West Branch Rd, Mound 50.18 33-463-4660-81 Keith Wilson - 4660 Bedgord 75.34 33-463-4705-11 Ka thl een Sandmei r 64.56 33-463-4955-21 Kenneth Holm- 4955 Bedford Rd 31.34 33-4782-854-71 Suzanne Durrish- 2854 Essex 43.89 33-4843~ 1 O6-91 -' .............................. Has t i ngs~_B ldg s_---.- 3,106 _TFuxedo 3_4...O8 mS` Charles Childs - 4425 RadnOr tn 67.26- 47.82 -38,-38- 45.24 52.-70 114.26 33-635-5129-61 Richard_Juhl__ - 5129 Waterbury 61.84 11-085-4960-91 Tom Harry - 4960 Three Points Blvd. 100.00 33-5004-425-51 33:5004--_42-9 :~3 - 5 0~4 - 455~2] 33-5074-524-01 33-5812-901-71 3~3- 5873:02 -6:91 33-6204-673-61 33.- 623.--5228~-21 33-623-5238-11 _St ev.e n.._Var_s__z__4.~2 9_Ra d n o.r__L t~ ....... Donna--Lugu~r - 44~-5-Rach~o~--Ln Leonard Lindblom - 4524 Stirling Rd D iane--La r-son ..... -310t--Pai st ey-Rd- Ga¢Y-.G~s~t-~ e ~lJ~8-Dorr~d--D.r .... F, r. aJ.g___Wo L[e----..- 487 Z--Monmout-h Sally Swanson - 2901-Cambridge . James_ .~ us_t_:_3026__B r_i g ht-on___~ __Robe~-t-]Kra-1..s ten - 51-2~5--~W-~ndsom-Rd Frank Ahrens - 4673 Island View Dr. __ .Wm~_Nass i e-.~--5228-R-i pe r--Rd Don El lingson - 5238 Piper Rd Total CITY OF MOUND Mound, Minnesota May 15, 1979 COUNCIL MEMORANDUM NO. 79-167 SUBJECT: Street Construction The neighbors in the vicinity of Dorchester Road and Island View D~ive have asked to discuss with the Council the street construction proposed for that corner and area. Mr. Ron Johnson says that they have some alternate plans the neighbors would like to suggest to the Council. Attached is a copy of the proposed plans.for the street construction. This will be listed for discussion at the May 22nd meeting. cc: McCombs Knutson Ron Johnson 1 113 --/ JJJJJJJJ: ::::::::: ::::.,.~.. :: CH4.Mi,i,iliiii!!i !ii i. ilii iJllJlili !liiiiiil, JiiiiiilJ illliiii! llili!JlJ liilllili :::::::::::::::::::::::::::::: 5-22-79 CITY OF MOUND Mound, Minnesota May 18, 1979 COUNCIL MEMORANDUM NO. 79-177 SUBJECT: Bids - 1979 Street Improvement & Storm Sewer Project The following bids were received: Hardrives, Inc., 3030 Harbor Lane, Minneapolis C. S. McCrossan, Box AD, Osseo, Minnesota $2,245,517.65 2,506,317.00 The Engineer will have a report on the bids and a recommenda%ion. ]qlo 5-22-79 CITY OF MOUND Mound, Minnesota May 18, 1979 COUNCIL MEMORANDUM NO. 79-171 SUBJECT: Request for Watermain Extension Attached is a request for watermain extension along Westedge Boulevard. Westedge Boulevard is 1/2 in Mound and 1/2 in Minnetrista. If installed, this would be a one side assessment unless the Council assumes the same position as the Council did when water was extended west along County Road 110 (Bartlett Boulevard). There the City assumed the assessment on one side expecting that'one day an agreement could be made with Minnetrista at sometime in the future, so double mains would not have to be placed in.any one street. The existing watermain terminates at County Road 15 and Westedge. The re- quest is to extend the main 500 feet south along Westedge. The applicant owns all of Lot 6 which extends 609.5 feet along Westedge. If the Council wishes to consider this request, the first step is to order a preliminary report. cc: D. Anderson McCombs Knutson Associates To: From: Re: Mound City Council Richard T. Anderson 14208 Charing Cross Eden Prairie, MN 55344 937-1356 Property owned in the city of Mound mud brother Carl R. Anderson Williston, South Carolina I am writing this note to request the city to extend water service from County Rd. 15 for 500 feet along Westedge Drive. At the present time, Westedge is served by the Mound sewer system but not with water. When the sewer system was assessed, our property was assessed for five lobs along West Edge Drive. I would hope that the water assessment would parallel that used for the sewer. In order to develop these lots, we feel that we will need to have the water. Thank you for considering this request. If I can answer any questions regarding this please contact me. C) 5-22-79 CITY OF MOUND Mound, Minnesota May 17, 1979 COUNCIL MEMORANDUM NO. 79-170 SUBJECT: Park Commission Minutes Attached is a copy of the Park Commission minutes. The following will require Council action: Post Office Beautification and Traffic The Chamber of Commerce has proposed and offered $500 matching funds toward a beautification plan and a plan for pedestrian and vehicular traffic (see copy of letter attached). The request was sent to the Park Commission for recommendation and their recommendation is: Motion made to "recommend site plan for the Post Office suggested by the Westonka Chamber of Commerce be postponed until after a Comprehensive Plan had been submitted". Vote was unanimously in favor. Motion made to "recommend to Council, to amend previous motion, forward the Westonka Chamber of Commerce concerns and ideas on beautification and traffic flow improvement for the City of Mound, to the City Planner for his consideration in drawing a plan for overall City improvement". Unanimously approved. Dock Variances The Park Committee recommended Dock 51525 and Dock 51705 both be allowed docks on Class C Commons and this be considered for change to Class D in November. Activity Center The Public Works Department has been directed to purchase paint as recommended by the Park Commission. ~Leo~ard L. Kopp -.. Minutes of the MOUND ADVISORY PARK COMMISSION May 10, 1979 Present: Larson, Hasek, Anderson, Lynott, Shay and Bailey, Staff, Bollis and Rother with Gordon 'Swenson in attendance and guest speakers Robert Flemal, V.P. and Leighton "Rocky" Lind'lan, Pres.-~of Westonka Chamber of Commerce,'and D. De Laney, secretary. Meeting was called to order by Chairman Larson. Minutes of the meeting of April 12, 1979 were submitted for approval, motion by Hasek seconded by Anderson, minutes be approved with correction of date for Arbor Day to be April 27 (Not'May 27th). Unan- imously'approved. In the absence of Withhart, Council Rep. Swenson brought to the attention of the Com- mission that it would be advantageous'for, dock permit applicants, to be notified that money had not been received for their dock permit renewal. Referred specifically to an application that had been mailed with a check, which the City had not received and/or lost, consequently he lost his dock location held for over 10 years and was aen another location not as convenient for him. son wanted it noted that this would be discussed in the November meeting when dock tions etc. are on the agenda for the coming year. In the absence of Kopp, a copy of a letter sent to Council was presented wherein the Westonka Area Chamber of Commerce wanted to instigate a beautification plan for the Post Office and would start the bali rolling by donating $500.00 (with the City match- ' lng these funds) for planned improvements of the Post Office Building, surrounding area and parking spaces. Flemal and Lindlan were present, with Lindlan making present- ation_~p_~O_~__objectlves. Facts brought out: Post Office is a well used institution, built in 1962 and they have a 20 year lease; '. Parking is inadequate; Appx 300 to 500 persons utilize the P.O. daily; Automobile mail drop should be moved to a more appropriate location (instead of busily traveled Shoreline Blvd.); Blacktopping is badly needed; New approach to the P.O. and/or additional entrance to P.O.; P.O. is a leased building on land owned by a private individual, with City owning property surrounding the P.O. property; C of C concer'n- ed with entire downtown area and improving same but would like to start with the P.O.; Estimated cost of proposed improvements would probably run between $12,OOO.OO and $18,000.OO with costs being shared; This proposed improvement would be a coopera- tive project b~;tCity, businesses in~ound and the citizens. It was the consensus that a recommendation should be made to Council, that the C of C through Lindlan had presented a good plan but the City has a Comprehensive Plan and a Long Range Plan. Hasek made a motion, seconded by Larson to recommend, "Site Plan for the Post Office, suggested by the Westonka Chamber of Commerce be postponed untll after a Comprehensive Plan had been submitted." Unanimously ap- proved. Shay made a motion, seconded by Anderson, to recommend to Council, and to amend previous motion, "Forward the Westonka C of C concerns and ideas on beautification and traffic flow improvement for the City of Mound, to the City Planner for his consideration in drawing up lan for overall City im- provement.'' Unanimously approved. Minutes of the Park ssion Meeting of May 10, 1979 page two Bollis presented and explained the park identification signs routed on natural cedar planking with yellow lettering. Commi§§ion favorably impressed with results and com- plimented him on the fine work. Agreed that parks would be identified with the name and park identification with the exception of Island Park Park which will bear the identification of Playground (instead of Park) and the numerous Tot Lots (not parks) will be so idenified. Bailey raised the question of the 'shrinking dock' at Three Points Swimming Beach and requested' that it be upgraded and returned to original size of three (3) years ago. Bollis explained that portions of the dock had deteriorated and had not been replaced and there was a shortage of manpower in installing docks. Overall City map with identified areas of City land, wetlands and park areas was gone over and additional areas were marked for adding to map to keep it current. Rother presented requests for four recommendation and/or action by Commission. Larson wanted it noted that the November meeting would deal with correcting shoreline classification from C to D on dock locations 51525 and 51705. Norman Rice of 4974 Brunswick Road, dock 51525 and RoEerta K Flatten of 2854 Cambridge Lane, dock 51705 both are requesting variances for dock on Class C area. Motion by Lynott, seconded by Anderson, to recommend to Council, "Approval of variances as'requested for dock permit applicants of docks 51525 and 51705." Unanimously approved. Considerable discussion on John Hoogesteger's request for a dock permit or rather the omission of a dock permit request and fee payment inasmuch as he has land abutting water but would have to encroach on platted Wicklo~ Road (platted' but not developed) to go from Lots 17-18-19-20-1-2-3 & 4 all in Block 6 of Seton, to his property across Wicklow Road on Lots 1-2-3, Block 5, Seton, that is next to the water. Inasmuch as this is private property it was the consensus of the Commission to make the follow~ ~ng r.~endation: __Motion by Larson, seconded by Shay to recommend to Council, "ReFer this particular arrangement to the City Attorney for action on legal rights of City on this type of land." Unanimously approved. Considerable discussion on A1 & Alma'~Commercial Dock Permit. This is a recognized City Swimming Beach and as such has a 50 foot setback, jeopardizing swimmers with the many large, cruisers that dock there, encroaching onto beach area after beach hours expire. Motion by Larson, seconded by Hasek to recommend to Council, "Approve A1 and Alma's Commercial Dock Permit with stipulations: No parking of boats on beachside at any time, Four foot minimum height for chain link fence installed the entire length of dock on beachside." Unanimously approved. The reason for stipulations would help resolve the conflict of a recognized City Swimming Beach and the minimum setback normally required for a swimming beach and help insure greater safety for those using the beach area. R~ec~ational Chairman Bailey briefly outlined the coming Board/Commission Section Workshop on Thursday, May 31, 1979 from 5:00 P.M. to 10:00 at the Registry Hotel in Mi'nuteg, of P~rk:Commission Meeti.ng of May 10~ 1979 pa§e three Recreational Chairman. Bailey briefly outlined the coming Board/Commission Section Workshop on Thursday, May 31, i979 from 5:00 to 10:00 P.M. at the Registry Hotel in Bloomington, Mn., sponsored by the M.R.P.A. Questioned if Recreational Director has been hired for the summer-p.ro~ram? Kopp through various interviews finally hired Jackie Meyer from Long Lake, Minn. with an extensive background in athletic activities, majoring in Recreation & Parks Adm. with Therapeutic emphasis and minor in p§ychology, which makes her well qualified for the position. Parks are People & Color Committee: Shay informed the Commission that pictures wbuld be taken the last Saturday or Sunday (May 26 or 27) depending on the weather, of the various parks, equipment and overall appearance. Color Committee agreed on the Community Center being painted a soft camel color with navy trim (deck to be navy also). The Cee Bee's had volunteered their labor and time if the City would furnish the paint for this project. Motion made by Lynott, seconded by Anderson to recommend, "the Community- Center be painted in colors suggested 'by the Color'Committee, soft camel and navy blue trim, to be started as soon as the weather'permits." Motion unanimously approved. -. Long Range Planning - Larson stated that previous:~discussion with Bollis on City Maps as they pertained to the Parks, pretty much covered what he was ~cheduled for. A motion was made by Lynott and seconded by Anderson, "to adjourn the meeting until the next scheduled discussion, meeting of May 2~, 1979 at 7:30 P.M." Unanimously approved.' . did ar a cl amber commerce May 3, 1979 Mayor Tim Lovaasen and Mound City Council City of Mound Mound, Mn. 55364 Gentlemen: In our Chamber of Commerce Board meeting of April 3rd., discussion came up on needed improvements in the Mound business district. The area around the Mound post office was a major topic. As a service-type building it gener- ates much vehicle and pedestrian traffic. This building offers almost nothing in the way of pleasant surroundings and planned conveniences for Mound and Minnetrista people, making that "trip to the post office." At our last regular Chamber meeting held on Wednesday, April 24th., the Board proposed to the general membership the expenditure of 3500.00 of Chamber funds to be,offered to the City of Mound on a "matching funds'' basis to create a master plan for that area surrounding '~e Mound post office. The spending of this amount was approved. The master plan would establish such items as traffic patterns (both vehicular and pedestrian) parking lot lay- out, service to the building, accesses building including sidewalks. Such a plan would illustrate trees, shrubs and ground cover and other landscape features, such as proper signing. Such a plan would stress'outside functions and conveniences of the post office area. We respectfully request the City Council to join with the Chamber in this undertaking. Respectfully yours, ,~m.~TO~KA .CH~J~B~R OF CO~.~RCE .i~ay '~'ar~, ~ecy. POST OFFICE BOX 426 [] MOUND, MINNESOTA 55364 ,,/ "/ ~PPLICATION FOR VARIANCE CITY OF I. IOUND TELEPHONE NUMBER ~..~ ~-- ,~, ~/: 9-_ SHORELINE CRITERIA DOCK /IBUTT1]~[G PROPERTY O~,R~ER [---] -' EON-At~JTTING PROPERTY .... ~ of dock. 2;' Attach letters from Ud3oining docks ~R (describa) . _ '~~ ~~ ~~ .... VARIANCES ARE NOT. TRANSFEPutBLE - Signat~e Pk. RK CO.'~tISSION RECC~,~-~ENDATION DATE COUNCIL ACTION . RESOLUTION NO. DATE ..,[ "~-:-:ion-conformi t~9 use , /'/ol ash 6u !m.~ojuoo-uou~:. 2,LVCl · 0~{ ~{OliflqOb'a~ K©IJ.O~ 'IIOMF~)O ~L¥CI ~OIZVg~OO,lPd ~OISSIF~.OO ~thq/d -- .a_an~e, uSrs, '. i/, /3ITddV. 'qsanbaa paeaO~ apnq!q~e 8u!aoQs saauno pue paqoa$$~ . uo!qeooI~u/oqs dam e qoe3qV I :~ZO~ /iq-?- - -.,TL -.'::.-::. CITY OF MOUND Mound, Minnesot~ May 18, 1979 COUNCIL MEMORANDUM NO. 79-176 SUBJECT: Planning Commission Minutes Attached is a copy of the Planning Commission minutes and their recommenda- tion on side yard setbacks, According to their recommendation, the following are examples of side yard setbacks~ Width of Lot One Side Other Side 150 feet ib~ feet 10 feet 125 feet 10 feet 10 feet 100 feet 10 feet 10 feet 80'feet 10-feet - 8 feet (10%) 60 feet 10 feet 6 feet " 40 feet 10 feet 6 feet' The Planning Commission also considered what they felt should be allowable encroachments. 13 & MINUTES OF T~ MOUND ADVISORY PLANNING COMMISSION WOR/<SHOP MEETING May 14, 1979 Present: Chairman Russell Peterson, Commissioners George Stannard, Gary Paulsen, Lorraine Jackson, Harriett Dewey, Margaret Hanson; Council Representative Gordon Swenson; City Manager Leonard L. Kopp; City Planner Charles Riesenberg; City Inspector Henry Truelsen and Secretary Marge Stutsman. Discussed questionnaires returned - good response. Sideyard Setbacks Discussed various setbacks. line to building line. Agreed setbacks should be measured from lot Sec. 408 of proposed new ordinance states: (3) The following shall not be considered to be encroachments on yard requirements. 1. Chimneys, flues, belt courses, leaders, sills .... ornamental features...gutters and the like, provided they do not extend more than 2 feet into a yard. 3. Terraces, steps, uncovered porches .... which do not extend in elevation above height of the ground floor of the principal building and do not extend to a distance of less than 5 feet from any lot line. Discussed above; Planner thought Planning Commission might want to modify these--have chimney be within building line. After much discussion and several motion which were either not seconded or withdrawn before vote was taken, the following motion was made: Dewey moved and Hanson seconded a motion to recommend that the minimum side yard setback be 10 feet ~xcept that building sites of less than 100 feet wide can have one side 10% of lot width, but in no case can setback be less than 6 feet. The vote was unanimously in favor. Discussed need for low income housing, retirement housing and smaller homes from an energy saving standpoint. Stannard moved and Peterson seconded a motion to adjourn the meeting. Ail in favor, so adjourned. Attest: 5-22-79 CITY OF MOUND Mound, Minnesota May 17, 1979 COUNCIL MEMORANDUM NO. 79-172 SUBJECT: Commercial Dock Permits Attached are copies of applications for Commercial Docks for 1979. We. are attachiqg copies of previous resolutions authorizing these permits. Ail permits are recommended for approval. On A1 and Alma's, the Park Commission recommends the following: Considerable discussion on A1 & Alma's Commercial Dock Permit~ This is a recognized City Swimming Beach and as such has a 50 foot setback, jeopardizing swimmers with the many large cruisers that dock there, encroaching onto beach area after beach hours expire. Motion to recommend to Council~ "Approve A1 and Alma's Commercial Dock Permit with stipulations: No parking of boats on beachside at any time; Four foot minimum height for chain link fence installed the entire length of dock on beachside," Unanimously approved, The reason for stipulations would help resolve the conflict of a recognized City Swimming Beach and the minimum setback normally required for a swimming beach and help insure greater safety for those using the beach area. ~--_~-/~9onard L, Kopp -L / , CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 May 15, 1979 TO: Leonsrd KopD FROM: Dock Insoector SUBJECT: CommerciP1 'Dock Applications The following aoolic~tions for commercial dock license ~re recommended for Poorov~t. Surfside Inc., 2670 Commerce Blvd. A1 & Alm~s, 5201 Piper Ro~d Tioi-Waken Apts., 4363 Wilshire Blvd. Martin & Son, 4850 Edgewa%er Dr. No changes from 1978 Respectfully, Don Rother Dock Inspec[or DR/ich 54 dock §lips 15 .dock slips 59 dock slips 33 dock slips /373 ~,~_Tg ~0 ~MVN oo'o~ = 05'I~ x~'--~3~ea uo s~oop jo ~q~m~I " 'pescdo.,zd ~oop eq~ ao~ pa~d~a$ · sd!'[s ao .... onq CsTXa%¢ q.~.oq gOIJ, VOlfMgV XOO{I %VI9~(OO %./ /- ! ! / / = oo'~ x puet u0 sMoop jo ~----/-~uo s~oop jo e~$ o~se~ -uoo ~n jo eaa~op pu~ %ua~xo Ca~uue~ eq% ~u~u!T%no %u~o%eqs V 'pesn eq 0% (s)~ouq 5o adX% puc uo;gecoT eq% pue- ~p¢sodo~d ~oop eq% jo ¢deRs puc ez!s %d2~ ~q~ jo aleos 0% ~u~ezp V (I : NOI~VOI~JJV SIHZ ttJ;IM 9NY~iOTI0a[, M~I, M~O~ON.~ ~t6V~"J[cI :ssm~-sna ao t~o~zvoo-z movxa ,~o~vanaav ~ooa ~v!o~m~oo e~oeoUu!~ ~punoM ' SALES AND SERVICE HIGHWAY 119 ' EXCELSIDR, 55331 ° 474-88 $-.oa S 12 ~L .. = O0~IO.x 'pueI uo. s~toop jo.~qum~ 99 £~ g '~3:[os e uh-.q.{ '" Puno;..! wzlos ' Pztea~]~n°t[' oo~-omm°O OL9~ " SS~GGV :S'ff~igfia ~0 NOIZVOO~ ~;OVX~ LSS~JNISflR ~tVI~-.IIS ¥ MI O~OVONg NMM5 flOX M&VH ~0 oq.L Zt.!~J~.l cog gI tl~lOM l!OX CITY OF MO~D ~ound~ !linnesota 2. T I9-/9 E^~,~ OF ADDRESS D ARE YOU NO~.'[, OR HAVE YOU BEEN A%!GAGED IN A SI~'KL~R BUSIneSS? _ .~/~: PLEASE ENCLOSE ~ F~LOW~G ~TK ~IS APPLICATION: :r) A dra~.~ng to scale of the t~oe~ size' and shape of 'tho dock propos.~d, and the location and type of buoy(s) to be used. A drm~ing to scale of off-street parting provided for each three rental bo~t stslls, buoys or slips. 3) A sta o~msnb outlining the manner, extent and degree of use con- %emplated for the dock proposed. h) Payment of pad-mit fee must be included with 'this application. B~sic fee N~nber of docks on w3ts~k~x $1.50 .Numbgr of docks on land x $t.00 Total $50.00 NAME OF FI~.'4 SIG?&~TURE AND TITLE 75-J5 RESOLUTION NO. RESOLUTION ISSUING CO~.~IERCIAL DOCK P.,.~IT TO AL & AI~[~' S ' %~4E~EAS, an application for a'com~=rcial dock has been received from A1 & Alma' s Inc., and ?EqER.EAS, A1 & Alma's Inc. meets the requirements of- the Mound-Dock Ordinance #333, ' NOi~!~ THEREFORe, .'BE iT ~SOL~D ~ THE CITY COUNCIL OF I"~OU~, MOUI~, That a co~rcial dock for 10 docks on water be issued to A1 & A~a's Inc. p~ovided A1 & Alma's co~ly.v~th the follo~_ng: Ordmnancm~o. 294 (copy attached). -. b) Install lighting as sho~ on scale drawing, ~ncluding a safeguard street light on the shoreline. c) Install docks as mho,~m on scale draw~g. d) Install reflective material on the end of the dock. . e) The scale draw~g is to be part of the permit. f) Meet all the reo~irements of Ordnance [~]3 and Resolution No. 75-168. BE IT FURTHER ,RESOLVED: That at no time shall any boats be parked on the east side of the setback during swim. ming hours of 7:00 A.M. to 10:OO P.M. Adopted by the Council this 22nd day of April, 1975. ORDINANCE NO. 294 AN ORDINANCE AMENDING SECTION 23.011 SUBDIVISION (d) OF THE ZONING CODE BY ADDING SUBSECTIONS I1 AND 12 ALLOWING PRIVATE DOCKS ~IN RESID~fTIAL USE DISTRICT AND PERMITTING DOCKS AS A USE BY SPECIAL PEP~MIT IN RESIDENTIAL DISTRICTS TO SERVE CO~E~ERCIAL PROPERTY AND ESTABLISHING STANDARDS The Village Council of the Village of Mound does ordain: Section 23.011, Subdivision (d) is amended to add subsection ll which shall read as follows: 11. Docks P~ivate docks const_~ucted in accordance with the regulations of the lake Minnetonka Conservation District are permitted to serve one-family private dwellings. Section 25.011, Subdivision (d) is amended to add subsection 12 which shall read as follows: 12. Docks Serving Commercial property. Docks to serve property located in Commercial Use District, Commercial Use District A, B1 and B2 may be permitted upon securing a Special Use Permit from the council after receipt of the recommendation of the Planning Commission and a public hearing.- Said public hearing shall.be preceded by 10 days' written notice mailed to all property oQners within 200 feet of any lot line of the resi- dential property to be used for dockage. The application for a Special Use Permit shall contain the following information: A. A list of the owners of the property in the residential use district and of the property it is to serve in the commercial or business district. B. A scale drawing of the property on which the dock is to be located and the proposed location of the dock. Said d~aw- ing shall show all public rights of way and any structures located within or without 50 feet of the boundary line of the property for which the Special Use Permit is requested. Any special use perm~_granted by the council shall be con- ditioned as follows: A. The residential property on which dockage is to be located and the commercial property served shall be in common owner- ship and shall be located within 300 feet of the property line of the commercial property. B. The mooring of boats at such dock shall be limited to a maximum of four'hours. C. No gas, oil or other product may be sold from the dock and no servicing of boats will be permitted. D. One sign for identification will be allowed but it shall not exceed a total of six (6) square feet in size. E. Ingress and egress from the residential lot shall be re- stricted to the property held under common ownership and adequate safeguards shall be provided so that persons docking will not trespass on private property or on any public property except for properly designated streets or .~ sidewalks. F. The council shall specify an~ special conditions that they O~dinance No, 254 Page 2 may require, such as fencing, lighting or landscaping, and shall require a site plan showing the location of an~ suck fencing, lighting or landscaping. .Any lighting installed .... along the dock or the pathway from the residentiml to the commercial property shall be in such a manner as to have no direct source of light visible from a public right of way or adjacent land in the residential use district. The Council ~y require a performance bond to assure construction of the site improvements required by the Special Use Permit, Go The owner shall be required to maintain the premises in a neat and olean manner and in accordance with the terms established by the special use permit. H. The council shall determine in allowing such a Special Use Permit that this use will not be detrimental to the public welfare or injurious to other property in the neighborhood. I' The o'~er shall be required to meet and comply with all the standards and requirements of the Lake Minnetonka Conserva- tion District. - Attest Adopted by th& Village CounC$1 ..... FebM.~u~ry~29, 1972.. Published in official newspaper March 9, 1972. AN ORDINANCE ADDING CHAPTER 41 T6' THE CITY CODE TO LICENSE AND REGULATE COMMERCIAL BOAT DOCKS AND THE DOCKAGE, MOORING, STORING OF BOATS AND OTHER WATERCRAFT AT SUCH FACILITIES WITHIN THE CITY OF MOUND The City of Mound does Ordain: 'Sections 41.00 to 41.45.are hereby added to the City Code' and shall read as follows: Section 41.00. Definitions. For the purpose of this ordinance the following definitions shall apply: Subd. 1.. Commercial Boat Dock: Providing space .for docking, mooring at buoy or otherwise, keeping or storing of boats, barges, or other floating structures'used in a trade or business or providing through the joint use of lakeshore property such space for boats or watercraft belonging to persons or families who are part of a group or association. Subd. 2. Business of Docking or Storing of Boats: Renting Or otherwise providing space for· docking, anchoring or storing three or more boats or floating structures belonging to persons other than the owner of the dock or property upon which said boat or structures are docked or stored or adjacent to which, said. boats are moored, Subd.' 3. "Dock" means any wharf, pier, or other structure constructed or maintained in the lake,.whether floating or not, in- cluding all "Ls", "Ts" or posts which may be a part thereof, whether affixed or adjacent to.the principle structure. Subd. 4. "Mooring" means-any buoy, post, structure or other device at which a watercraft may be'moored and'which is' surrounded by navigable water. Subd. 5. "Authorized commercial dock use area" means that area .in the lake which may be used for docks, moorings, boat storage, or which may be enclosed on three side's for any of these purposes. Suba. 6. "Site" means any shoreline lot, parcel or other piece of property legally subdivided and recorded in. the office of the Register of Deeds. Subd. 7. "Stored" means any boat or'other watercraft ~ · docked or moored for more than 12 hours. -' ~i~.-¥ Section 41.05. License Requ/red. No person, firm, corPoration or group or association of persons or families whether incorporated or not, through any arrangement, whether through common or corporate ownership or otherwise, shall operate, carry on, .or be engaged in the trade or business of docking, mooring, anchoring, keeping or storing of boats or make any arrangement for the use or'joint use of lakeshor~ property for such dockage of boats and watercraf~ within the corporate limits of this City without having first obtained a license Any person, firm or..corpqration or group or association of persons desiring such a license, -shall make application in writing to the Cit~ Council, which application shall be signed by the applicant-and filed with the City' Clerk. The application shall set forth the names and residence of the applicant, exact location at which the applicant proposes to carry on his business or use of lakeshore property, and whether he is then or has heretofore been.engaged in a similar busi- ness. The application shall be accompanied by a sketch of the proposed facilities, including location and type of buoy to be used therewith and the parking facilities as well as a statement outlinin the manner, extent and degree of use contemplated. The clerk shall present the application t6 the City Council at its next regular meeting after the filing thereof. ' Section 41.10. ~egulat~on of Con~ercial Storage F~.cilities. In the event boat storage facilities are provided: 1. The boats shall be stored in such a manner that they do not create a fire haZard. 2. Any gasoline offered for sale or stored on the premises shall be placed in tanks or containers as may be required by the Cit~ Council and such tanks or containers shall be stored underground or such distance from the storage facilities so as not to create a danger in the community. 3. Gasoline sales shall not be made from the dock at which customer's boats ar~ stored. 4. The location and marking of all buoys shall be subject to the regulation of the Council. 5. The premises shall at all times be maintained in a neat and orderly manner. 6. Off-street. parking shall be provided as follows: ~ne off-street parking stall for each three rental boat stalls, buoys or slips available to customers or joint users. 7. No boat or other ~floating structure tied up or connected to such dock facilities shall be used as a permanent, temporary, or seasonal residence. Section 41.15. Limitation of Commercial Dockage. No person shall anchor, keep, moor, dock or store a boat, canoe, raft, barge or Other watercraft within the harbor limits of this City except at a dock or buoy which is in compliance with the terms of this ordinance; e~cept however, that a riparian owner may dock or store boats and other water craft, in the natural body of water adjoining his property in a manner which will not interfere with boat traffic, legitimate use of the lake 'or infringe upon the riparian rights and privileges of a-butting ~. property owners. Section 41.20. ~egu!ation of'Commercial Boat Docks. Subd. 1. Prohibition. No. person, firm, corporation or association shall use any. area of the lake as an authorized commercial dock use area, for commercial docks, moorings, or'boat storage unless such use is specifically Permitted and licensed'under the provisions of this ordinance. Subd. 2. Authorized Commercial Dock Use Area. ize~ commercial dock use area is described as follows: An author- a) Length - The authorized commercial dock use area for sites bordering on the lake extends into the .lake a distance equal to the site lake frontage to be measured at right · 'angles to the side site lines and, except as provided herein shall not extend into the lake a distance greater than 200 feet to be measured on a line parallel to the side site line as extended into the lake. Notwithstanding the provisions c. %his section, commercial docks in existence or ~uthorized by other governmental agencies and under construction on the date this ordinance becomes effective shall be considered a non-conforming use and may continue in existence without nec essity for the granting of a variance under the provisions of Section 41.40. Said non-conforming docks shall be subjec to the provisions and limitations set forth in Section 23.20 of the City Zoning Code and of all regulations subsequently adopted regarding non-conforming uses. b) Width - The authorized'dock use area for sites border lng on the lake is limited in width by the setback limitatio prescribed herein. The setback from side site lines as extended in the lake shall'be as follows: ~For that portion of the length of the authorized commercial dock use area which extends from the shore Zero to 50 feet 50 to 100 feet 100 %o 200 feet The setback shall be 10 feet feet 20 feet Subd. 3. structures Not to Obstruct. -No licensed dock, mooring, or other structure shall be so located as to obstruct a navigable channel, or so as to obstruct reasonable access to any other dock, mooring area or similar structure authorized under this ordinance. No dock, moor±ng area or similar structure shall be located or designed so that ~t unnecessarily requires or encourages boats using it to. encroach into any other authorized .commercial dock use area or into individually owned private dock areas. Subd. 4. Space Between Boats. Reasonable space shall be provided in mooring areas to allow navigation freely between moored 'boats. Subd. 5. Extensions. No commercial dock or mooring area shall extend across the extended zone line between sites zoned differently by the City. Subd. 6. Unusual Configurations. Where the provisions of this ordinance would cause the. authorized commercial dock use area of t~o or more ~ites to overlap, or where there ~s any other unusual configuration of sSoreline or extended lot lines, whick causes a con- flict between the owners of two or more adjacent or nearby sites as the use of the same area of the lake for docks, mooring areas or other structures or for reasonable access thereto, the owner of any of the affected sites may apply to the Council for a variance. Subd. 7. Construction, Repair and Maintenance Standards. (ai' General RUle. All cOh%mercial docks, moorings and other structures shall be constructed and maintained as provided in this ordinance. (b) Materials. Docks, moorings and other structures, whether temporary or permanent, shall be constructed of such ~ateria!s and in such a manner as the owner determines, provided that they shall be so built and maintained that they do not constitute a hazard to the public using the waters of the lake. (c) Safety. commercial doc~s'or mooring areas may be constructed of such materials and in such a manner as the owner determines provided that such dock or mooring area shall be so built and maintained as to be safe for use by the public. -' (d) Lighting. Commercial docks shall be suitably and .'adequately lighted i~-accordance with City regulations. No oscillating; rotating, flashing or moving sign or light may be used.on any dock. Do6k lighting shall not be directed toward the lake in such a manner that it impairs the vision of or confuses operators of watercraft. (e) Signs. No advertising signs may be displayed from any dock other than an identifying sign which shall be no .larger than six square, feet in area. (f) Fuel and Power Supply. Installa'bion of electrical and fueling facilities on commercial docks, moorings and other structures shall be in accordance with applicable building codes and subject to state and .local inspection procedures. Persons making such electrical or fueling installation shall maintain records of compliance with state and local codes and regulations. (g) Factors Considered. In exercising its discretion in granting or denying licenses, the Council may consider, among other things, the following: /3 o -3- (1) Whether the commercial dock or mooring area will be structurally safe for use by tke intended users. (2) Whether the facility will comply with the regulations contained in .this ordinance. (3). Whether the proposed facility will create a volume of traffic on th~ lake in the vicinity of the facility which will tend to be unsafe or which will cast an undue burden on traffic upon the. lake in the vicinity of the facility. (4) Whether the proposed facility will be compatible with the adjacent development. (5) Whether the proposed facility will be compatible w~th the maintenance of the natural beauty of the lake. (6) Whether th~ proposed facility will affect the quality of the water of the lake and %he ~col0gy of the lake. ~ ~ '~ (7) Whether the proposed facility,~y reason of noise, fumes or other nuisance characber.istics, will tend to be a source of nuisance or annoyance to persons in the vicinity of the facility. (8) Whether adequate sanitary facilities will be provided in connection with the proposed facility. Section 41.25. License Fee. Subd. 1. Any license issued, pursuant to this.order shall· expire on April 1 next following its issuance. License fees shall'not be pro-rated. The fee for each license shall be $50.00 as a base fee, plus a fee for~each boat accommodation determined as follows: $1.50 for each dock, slip or buoy on water· $1.00 for each dock or slip on land Section 41.30. ,'Issuance bf License. Subd. 1. Any license issued by the Council pursuant to this ordinance, may contain restrictions as the Council deems necessary to protect the health,· welfare and safety of the general public from ove~- burdening the primary harbor-limits of this City and the lakeshore at any particular location having_in mind (among other things) parking problems, safety requirements for docking and mooring, contamination of the lake for boat traffic of all kinds. Each license when issued shall contain a statement of the restrictions and conditions and ~aid license with such restrictions and conditions shall be conspicuously posted on the licensed premises. Subd. 2. No license shall be issued by the'Council pursuant to this ordinance authorizin~ a commercial boat dock or boat docking or storage upon property within the confines of this City contrary to the regulations and limitations applying to said property set forth in the City's Zoning Ordinance. Section'41.35. Inspection. The City Council or such officer as may be designated by the Council for the purposes may, at reasonable times, inspect or cause to be inspected any such licensed commercial boat dock; and if it shall appear that such dock has not been constructed or is · not being maintained or used in accordance with the license issued by the Council, or in accordance with the terms of this ordinance, the Council, by its City Manager, shall notify the owner thereof in writing of the way or ways such dock does not comply with the license~ the " 137 -4- within ordinance, after which the owner shall have ten days to remove the dock_ or make the same comply with the .terms of the license and within ordinance. If the violation is not corrected within the allotted time %he Council shall revoke the license. Notification under this ordinance shall be made in writing to the owner of the dock at the address given in the application. Failure to have a valid ~license in force shall be prima facie evidence of a violation of this ordinance. Section 41.40. Variances. Subd. 1. Variances; When Granted. Where practical diffi- culties or particular hardships occur, the Council,.upon application of a person affected, may permit a variance from the requirements of this ordinance or may require a variance from what is otherwise permitted by this ordinance, provided that such variance with whatever conditions. are deemed necessary by the Council, does not adversely affect the purposes of this ordinance, the. public health, safety, and welfare, and reasonable access to, or use of, the lake by the p~blic or riparian owners. Subd. 2. Variance: ApPlication. Applicaki0hs for variances shall be filed with the City Manager. The application Shall contain: (a) The name and address of the applicant (b) The description and location of the property for which the variance is sought (c) The variance for which the application is made (d} The names and addresses of the owners of abutting " s~tes (e) A map or plat of the site for which the Variance..is sought, and of abutting or other affected sites, showing any existing docks, moorings or other .structures or the proposed, location or relocation of any such structures (f) Th? consent of the applicant permitting officers and agents of the City to enter Upon the applicant's premises at reasonable times to investigate the application and to determine compliance with any variance which may be g~anted ° ' (g) Such other information, such as surveys and photo- graphs, as the City Manager may require to assist the Council in consideration of the application. Subd. 3. Variance: Fee. The variance application shall be accompanied by an application fee of $15.00. Such fee shall not be refunded at any. time after the processing of the application has been commenced. Subd. 4. Hearinqs. Upon receipt of a completed variance application the City Manager shall schedule a hearing by the Council on the application. The Council may grant a variance from the literal provisions of this ordinance in instances where their strict enforcement would cause undue hardship because of circumstances unique to the individual property or properties under consideration, and shall grant such variances only when it is demonstrated that such actions will be in keeping with the spirit and intent-of this ordinance. The Council may impose conditions~' the riparian owners and users of the lake. · Subd. 5. Violations. Locating, constructing, installing or maintaining a commercial dock, mooring or other structure in a manner different from the terms and conditions of a license or variance which is ordered or permitted is a violation of this ordinance and grounds for recision of the variance. Section 41.45. Relation to Lake Minnetonka Conservation District and Other Governmenta. l.. Agencies. The provisions'of thi's' ordinance shall /37 2 -5- not supersede any ordinances of the Lake Minnetonka Conservation District or other governmental agencies which are more restrictive in their provisions and application to Commercial Boat Docks and Dockage. This ordinance shall not relieve the applicant from obtaining licenses and permits required by other governmental agencies. · This ordinance shall be in full force and effect after its passage and publication according to the law. Passed by the City Council this 1975 _. / ! / day of 'l, hrch ' ' 4 Attest: P.assed by Council March 4, 1975 Published in Official Newspaper March 20,' 1975 /377 REGULAR MEETING 'OF THE CITY COUNCIL April 24, 1979 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota was held at 5341Maywood Road in said City on April Z4, 1~7~ 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 Acting City Clerk Marjorie Stutsman.. MINUTES The minutes of.the meeting of April 3, 1979 were presented for consideration. Polston moved and Ulrick seconded a motion to approve the minutes of,the meeting of April 3, 1979 with the.following correction: Page 43-- Councilmember Ulrick left at 10:OO p.m. due to a 'death 'Fn-~"~f'~ The vote was unanimously in favor. ~ r~~' The minutes of the meeting of April 10, 1979 were presented for consideration. Swenson noted the omission of his request for a progress report on "lights on' Commerce" and "welcome signs" on the agenda of each meeting until they are com- pleted. Add on Page 47 after Information Memorandums. Polston mOved and With- hart seconded a motion to approve the minutes of the meeting of April 10, 1979 as corrected. The vote was unanimously in favor. PUBLIC HEARINGS ~pecial Use Permits - Body Sho~ and Auto Repair Shop at 4839 and 4853 Shoreline The Acting City Clerk presented an affidavit of publication in ~he official news- paper of the notice of public hearing on said special use permits. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then.'opened t~e public hearing for ii, ut on said special use permits and persons present to do so were afforded an opportunity to express their views thereon. The following persons offered comments: Wayne Barkley Oswin Pflug David J, Babler The' Mayor 'then closed the public hearing. Discussed having a plan. sho~ing black- topped and green areas, also fenced area; same stlpulations as before or more restrictive stipulations as similar permits have: Withhart moved and Swenson seconded a motion to continue this .public hearing to May 1, 1979. The vote was unanimously in favor. Ulrick requested Staff look at Special Use Permit granted property on Corner to see if there were any stipulations not being complied with. Sewer Extension and Street Improvement - Inverness Lane The Acting City Clerk p~esented an affidavit of publication in the official news- paper of the notice of public hearing on said sewer extension and street improve- ment project. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. April 24, 1979 City Engineer William McCombs briefly explained the proposed project, possible alternative plans including cul-de-sac and costs of each. The Mayor then opened the public hearing for imput on said sewer extension and street improvement and persons present to do so were afforded an opportunity to express their views thereon. M.L. "Buzz" Sycks asked for a delay in order to present a different plan. The Mayor then closed the public hearing. Ulrick moved and Swenson seconded a motion to continue public hearing on Inverness Lane to May 8, 1979. The vote was unanimously in favor. BIDS - AERIAL LADDER TRUCK Fire Chief Eugene Garvais presented copies of a letter relative to the bids to the Council. Discussed whether specifications had been met. Tentative date of May 5th ~t 10:00 a.m. set for a demonstration of the two trucks. DiscUssed outlining where differences are in the bids from the specifications and also discussing this with the contracting communi'ties. Withhart moved and Polston seconded a motion to continue' the bid consideration until May 8, 1979. The vote was unanimously in favor. PLANNING COMMISSION RECOMMENDATION - Non-conforming Use, Tract A, R.L.S. # 1150 Withhart moved and Polston seconded a motion to remove from table. The vote was unanimously in favor. The Mayor requested the City Manager to review the background and status of this fire damaged structure. ~"' Mr. Zuckman and his Attorney, Errol Kantor, were-present. They will contest any decision that structure more than 50% destroyed. Does request that in event the Council determines damage to be more than 50%, a variance be granted so Mr. Zuck- man can rebuild. Discussed having City Attorney clarify ordinance after this has been decided. Polston moved and Withhart seconded a motion to continue this item to May 8th and direct the staff to try to get a determination of the before and after value. Withhart moved and Swenson seconded a substitute motion making a finding that the building is less than 50% destroyed. Roll call vote: Swenson and Withhart voted Aye; Ulrick, Polston and Lovaasen voted Nay; substitute motion failed. The vote on the original motion was unanimously in favor; so continued to May 8th. MONTCLAIR ROAD WIDENING The City Engineer reviewed the proposed plan-6 foot widening would be on side of property owner making request. The Mayor then afforded persons present the opportunity to express their views thereon. The following persons offered comments and questions. Erwin Lange David Babler Wayne Barkley · April 24, 1979 Oswin Pflug Dr. Joseph Glenn Withhart moved and Swenson seconded a motion RESOLUTION 79-148 RESOLUTION TO CONSTRUCT MONTCLAIR ROAD 34 FEET WIDE BACK TO BACK FOR THE ENTIRE LENGTH OF STREET The vote was unanimously in favor. Council directed staff to get survey and then write letter on encroachment of structure overhang. LAKEWOOD LANE City Engineer reviewed a proposed plan realigning corner of Wilshire and Lakewood. The Mayor then afforded persons present to do so, an opportunity to express their views thereon. The following persons offered comments: Fire Chief Gene Garvais Don Jerde, 2521Lakewood Lane Jim Lassick, 243i Wilshire Blvd. Sally Lassick, 2431Wilshire Blvd. Bob Hotvet, 2540 Lakewood Lane John Seagard, 2531Lakewood Lane Fred Hanley, 2511Lakewood Lane Rock Lindlan, 2561Lakewood Lane Po]ston moved and Ulrick seconded a moition RESOLUTION 79-149 RESOLUTION ADOPTING THE STREET AT 28 FOOT WIDTH WITH ALIGNMENT AS SET UP BY CITY ENGINEER - 30 FOOT TURNING RANGE ....... ~ The vote was unanimously in favor. Roger Illies requested a sidewalk be planned to. accOmmodate the children walking through to Surfside. DRURY LANE REQUESTED CLOSING City Engineer pointed out area request_~d to be closed and noted that Planning Commission and public services did not recommend closing street. A1Wigand r~quested this be continued and he receive copies of letters relative to this from the Public Works, Planning Commission, etc. Lovaasen moved and Swenson seconded a motion to continue this item to May l, 1979. The vote was unanimously in favor. STRAFFORD STREET VACATION City Engineer pointed out area requested for vacation. City AttOrney stated street can't be vacated if needed for public services. The Thomas Gerolds' had comments regarding their requests~feel street too close to their home. April 24, 1979 Ulrick moved and Lovaasen seconded a motion RESOLUTION 79-150 RESOLUTION DENYING THE REQUEST FOR THE VACATION OF STRAFFORD LANE FROM MANCHESTER TO DORCHESTER ROADS The vote was unanimously in favor. DOVE LANE SEWER City Engineer explained some problems that have been encountered in completing this portion of the 1978 street project; can't get easements, etc. The City Engineer presented a report on alternatives and recommended the project with the alternatives. Withhart moved and Polston seconded a motion RESOLUTION 79-151 RESOLUTION ACCEPTING THE ENGINEER'S FEASIBILITY REPORT AND CALL FOR A PUBLIC HEARING WITH THE DATE SET FOR MAY 22. . The vote was unanimously in favor. ENGINEERING CONTRACT City Manager and City Attorney have reviewed details of the contract and made a recommendation. Withhart moved and Polston seconded a motion RESOLUTION 79-152 RESOLUTION CONCURRING WITH THE STAFF'S RECOMMENDATION AND ACCEPT THE CONTRACT'AND AUTHORIZE THE MAYOR AND MANAGER TO ENTER INT0 THE AGREEMENT. The vote was unanimously in favor. COMMENTS. AND SUGGESTIONS BY CITIZENS PRESENT Dick Carton, 2870 Pheasant Circle, Woodcrest, read from a statement he said was signed by most everyone in development, "We, the undersigned, would like to voice our disapproval of placement of structure owned by Mr. Essi'g of Surfside, Inc. on Halstead Lane. We feel structure is eyesore and not of same quality as other re- sidences in nei'ghborhood. Detracts from aesthetic and monetary' value. Due to lack of progress to make structure livable, we ask the Council to investigate the reasons for inactivity ...... rectify the situation .... ". Withhart moved and Polston seconded a motion to have Mayor write a letter to Essig regarding concerns for status of progress on moved in house in Woodcrest which was part of total package.. The vote was unanimously in favor. Withhart moved and Polston secondea a motion to continue the meeting past ]1:30. The vote was unanimously in favor. PARK COMMISSION RECOMMENDATIONS Dock Variance - Lots 37 and 10, Block II and Lot 5, Block '2, All in Seton Polston moved and Withhart seconded a motion RESOLUTION 79-153 RESOLUTION TO CONCUR WITH THE PARK COMMISSION AND DENY'REQUEST FOR DOCK PERMIT. April 24, 1979 The vote was four in favor with Swenson temporarily absent. Life Guards and Yo~ent Program Po]ston moved and Withhart seconded a motion RESOLUTION 79-154 RESOLUTION TO CONCUR WITH THE PARK COMMISSION AND AUTHORIZE NEGOTIATIONS WITH THE SCHOOL TO FURNISH LIFE GUARDS FOR THE CITY BEACH AND TO ESTABLISH A YOUTH EMPLOYMENT PROGRAM The vote was four in favor With Ulrick abstaining. GAMBLING'pERMIT ~ Withhart moved and Swenson seconded a motion RESOLUTION 79-155 RESOLUTION APPROVING THE ISSUANCE OF A GAMBLING PERMIT TO THE MINNETONKA AMERICAN LEGION POST 398 FOR ONE YEAR TO EXPIRE JANUARY 31, 1980. The vote. was unanimously in favor. DOCK PERMITS Swenson moved and Polston seconded a motion RESOLUTION 79-156 RESOLUTION APPROVING DOCK PERMITS FOR THE 1979 SEASON AS LISTED WITH COUNCIL MEMORANDUM 79-127 The vote was unanimously in favor. SHOOTING PERMITS Swenson moved and Withhart seconded a motion RESOLUTION 79-157 RESOLUTION DIRECTING THE CITY ATTORNEY TO DRAW UP ORDINANCE - NO DISCHARGE OF FIREARMS IN THE CITY EXCEPT BY THE POLICE DEPARTMENT IN EMERGENCIES The vote was unanimously in favor. TAX FORFEIT LAND - Part of Lot 12, Bl~k 4, Pembroke Ulrlck moved and Withhart seconded a motion RESOLUTION 79-158 RESOLUTION AUTHORIZING LAND' BE RESOLD TO OWNER OF LOT 12, BLOCK 4, PEMBROKE FOR $359 - PORTION OF LOT 12 NOT NEEDED FOR STREET The vote was unanimously in favor. INFORMATION MEMORANDUMS Food and Nutrition Council - I.M. 79-38 Withhart moved and Polston seconded a motion that this be referred to the Human Rights Commission. The vote was unanimously in favor. Police Report - I.M. 79-37 Ulrick moved and Swenson seconded a motion that payment of bill be delayed one week. The vote was Ulrick, Swenson and Polston-Aye with Withhart and Lovaasen voting Nay. Motion carried. '"April 24, 197.9. Discussed InFormation Memorandum 79-42 - Liquor Store Lease. PAYMENT OF BILLS Swenson moved and Polston secOnded a motion to approve payment of bills as presented on the prelist in the amount of $28,561.90 where funds are available. Roll call vote was unanimously in favor. TAX FORFEIT LAND City Attorney reported on the status of tax forfeit land - Beachside - Plat 61290 Parcel 5915. Polston moved and Withhart seconded a motion RESOLUTION 79-159 Roll call vote: motion carried. RESOLUTION AUTHORIZING AND DIRECTING APPLICATION FOR CONVEYANCE FROM THE STATE LOT 20 AND PART OF LOT 19, ALSO PART OF LOT 34 AND PART OF LOT B, SHIRL'EY HILLS UNIT D, ALSO LOTS 28 TO 31, INCL., THE BARTLETT PLACE AND ALSO PART OF LOT 32, AUDITOR'S SUBDIVISION 170 (PLAT 61290 PARCEL 5915) FOR PARK PURPOSES, STREETS, UTILITIES AND WETLANDS Polston, Withhart and Lovaasen-Aye; Swenson and Ulrick-Nay; ADJOURNMENT Swenson moved and Polston seconded a motion to adjourn to the next regular meeting on May 1, 1979 at 7:30 p.m. The vote was unanimously in favor, so adjourned. 53 Marjorie Stutsman, Acting City Clerk Leonard L. Kopp, City Manager RESOLUTION NO. ?~-168 A RESOLUTION ADOPTING ST;dqDARDS YOR COI.~RICAL DOCK CONSTRUCTION WHEREAS, the Council has adoyted Section hl.O0 to hl.h[ relating to the licensing and regulation of ¢ommerical docks, and ~EREAS~ the City Council is required to review application and'plan for proposed coK~.ercial docks and to grant pernits based upon stand- ards set forth in the ordinances of this City~ and ~,~iEREAS ~ Section [1.20, Subd. 7, Subsection (b) and (c) require materials and construction which vri].l not constitute a hazard to the public using the lake and further requires that the co~.ercial docks be built and maintained as to be safe for the public use and Subsection (g), (1) provide that in granting or denying licenses, the Council may consider whether the comm~rcia! dock' will be structually safe for use by the public,' and %IHEREA S, the Dock insyector and the Building Inspector have prepared stand- ards for construction for private docks and also have provided the Council with suggested standards for materials and types of con- struction which will protect the users of these docks, and WHEREAS, it is deemed advisable by the Council to adopt these standards and to for~arn applicants for com~.ercial docks that if these standards are not met it is the interest of this Council to deny licenses that do not comply with the standards, N~, THEREFCRE, BE IT RESOLVED BY THE CITY COUNOSL OF MOU~.~), MOU~', MINNESOTA: The attached standards for materials and construction are adopted as miui.m~m safty requirements for co~;ercial docks. The Dock Inspector and the Building Inspector are instructed to keep these standards on file and to advise applicants for commercial dock permits that if these standards are not met, the ad~.inistration will recommend denial off%he permit and it is the intent of this Council to deny permits because it will be considered unsafe to the general public. Adopted by the Council '~is 22nd day of April, 197~. 13 RESOLUTION NO. RESOLUTICN ISSUING A CO!.H~iERCL~L DOCK PE?2-:IT TO SUP3SIDE, INC. WHER~IS~ an application for a commercial dock has been received from' 'Surfside, Inc., and ~MEREAS, Surfside, Inc. meets' the requirements of the Mound Dock Ordinance #333, NOW, T[~REFORE, BE IT ~ESOLVED BY THE CI~f COUNCIL OF M~.]NFSOTA: · That a co~,:ercial dock permit be issued to Sur£side, Inc. for ~h docks on 'water provided: . 1. Provided the docks conform to Ordinance #333 and are constructed in accordance with Resolution No. 7~-168. The docks observe the side..yard set back on the west property line. Adopted by the Council this 29th day of April, 1975. /3 RESOLUTION NO. 77 - 270 RESOLUTION APPI%OVING THE ISSUANCE OF THE COMMERCIAL DOCK LICENSES FOR CERTAIN COMMERCIAL ESTABLISHMENTS IN THE CITY OF MOUND FOt{ 1977. WHEREAS, applications have been received for Commercial Dock Permit~ for the 1977 season, and WHEREAS, reviewing Commercial Dock Permits issued in 1976 the follow~ ing .were issued: Martin's Resort was issued a permit for 15 docks on the water, R.J. Martin & Son were issued a permit for one dock on land and 17 docks on the water, Surfside, Inc. %vas issued a permit for 54 docks on the water, Tipi-V~rakan Apts. were issued a permit for 60 docks on the water, Briarwood was issued a permit for no more than 16 docks on water (for transient use of their customers) at Tipi- Wakan, A1 & Alma's Inc. were issued permits for 10 docks on water. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND, MINNESOTA: That commercial dock licenses for the 1977 season are hereby granted and that said licenses are not to exceed those numbers allowed or issued for the 1976 season (as listed above). That said con~mercial licenses are issued providing docks meet all the requirements of Ord. 333. Commercial dock licenses issued to: A1 & Alma's ~.- W.C. l~ussel dba as Martin's Resort R.J. Martin & Son Surfside, Inc. Tipi- Wakan Briarwood Adopted by Council this 14th day of June. 1977 77-270 5-22-79 CITY OF MOUND ~ound~ Minnesota Hay 17~ 1979 COUNCIL MEMORANDUM NO, 79-174 SUBJECT~ License Renewals The following license renewal applications have been received: Restaurant: Koffee Kup (Annual) Surfside~ Inc% " Juke Box: Surfside~ Inc? (1) (Annual) Dinner Dancing: Surfside~ Inc? for 1 month from May 1 through May 31, 1979, /3 73 5-22-79 CITY OF MOUND Mound~ Minnesota May 9, 1979 COUNCIL MEMORANDUM NO, 79-165 SUBJECT: Ordinance Changes The Council requested the Attorney to make changes in Chapter 51 of the City Code, AttaChed is a proposed ordinance re~arding: 1. Lurking and Loitering 2. Discharge of Firearms The change in Section 51.29 outlaws trapping as well as hunting. Because at times, squirrels, muskrats, racoons and other animals get so prevalent; it is wondered if the Council wants to outlaw trapping entirely or should live trapping be allowed? This will be listed on the May 22nd agenda, cc: Dr. Carlson /37o1.. HERBERT P. LEFLER GLENN E. PURDUE J£FFREY J. STRAND LAW OFFICES Lr'FEVErE. LEFLER, PEARSON. O'BRIEN & DRAWZ IIOO FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 April 30, 19 79 TELEPHONE Mr. Leonard Kopp City Manager City of Mound 5341 Maywood Road Mound., Minnesota 55364 Dear Len: You will recall that the City Council has d. irected us to prepare an ordinance relating to the loitering and. lurking sections as outlined in your council memorandum 79-45. We have had some concerns about certain sections of the proposed ordinance, but I have drafted, it to include the material as outlined in the Police Chief's memorandum of January 23. In reviewing this and looking at our disorderly cond. uct ordinance, I checked with the National Institute of Municipal ~Law Officers and obtained a copy of a disorderly cond. uct ordinance which is much expanded over what we have and incorporates changes on some of the items as outlined by the Police Chief. I therefore took the liberty of preparing an amendment to our disorderly conduct ordinance which is enclosed ~gr the review of the Police Chief and the Council. I also have prepared a curfew ordinance as another tool to assist the police. I have left times and months vacant for the suggestion of the Chief of Police and the Council in that you may want to have different curfew times in the sumner and the wintertime. I have incorporated into the same ordinance the request of the council at their meeting of April 24 to do away with all provisions relating to hunting or trapping in the city. Please review and if you find these in order, they can be presented to the Council for their consideration. Very truly yours~.,~-~· ,/ Curtis A. Pearson City Attorney CAP: ms Enclosure cc: Charles Johnson, Chief of Police /37/ ORDINANCE AN ORDINANCE AMENDING SECTION 51.02 OF THE CITY CODE RELATING TO LURKING OR LOITERING: AMENDING SECTION 51.03 OF THE CITY CODE RELATING TO DISORDERLY CONDUCT BY PROHIBITING VIOLENT AND TUMULTUOUS CONDUCT, FIGttTING, RESISTING POLICE OFFICERS, INCITING RIOT, USING ABUSIVE LANGUAGE, DA~-'~-AGING PUBLIC PROPERTY, DISTURBING THE PUBLIC PEACE, FAILING TO DISPERSE, AND OBSCENE LANGUAGE AND PROVIDING EXEMPTIONS: ADDING SECTION 51.035 ESTABLIStIING A~CURFEW FOR MINORS AND ESTkBLISHING RESPONSIBILITIES OF PARENTS: AND DJ.~ENDING SECTIONS' 51.29 AND 51. 31 RELATING TO HUNTING AND DISCHARGING FIREARMS WITHIN THE CITY: AND REPEALING SECTIONS 51.03, 51.032 AND 51.33 OF THE CITY CODE The City of Mound ~oes ordain: Section 51.03 of the City Code is amended to read as follows: Section 51.02. Lurking or Loiter. ing.. Lurking, loitering, or being concealed in, upon, or near the public street-s, highways, roads, alleys, Parks, playgrounds, sidewalks or other public grounds, and public buildings, places of amusement, entertainment or refreshment, vacant lots, parking lots, or other' unsupervised places or any property, whether public or private, not his own, is prohibited: (1) when such conduct results in the makin~ of any noise, riot, (2) disturbance or improper diversion, to the annoyance or disturbance of another, or when such conduct tends reasonably to or is likely to arouse (3) alarm, anger, fear, or resentment in another, or when such conduct is with intent to do any mischief or to (4) commit any crime or unlawful act.,, or when such persons shall collect in groups or crowds in, upon, or near any street, sidewalk or public place in said city so as to obstruct public travel or movement thereof. (5) Further, it is unlawful for any adult, psrent, or cuardian to knowinqly or negligently permit their juvenile child to violate this ordinance. The second violations by a juvenile of this ordinance shall be prima facie evidence that the adult, parent, or o6ardian knowingly or negligent.ly permitted the juvenile to violate this ordinance. Section 51.031 of the City Code is amended to read as follows: Section 51.031. Disorderly Conduct. b~aw~n~r-~he~ngT-~a~e~neT-o~-d~o~e~¥-¢°n~e~-°~-a~Y-~a~e. - . ~ . -. _ - Subd. 1. De'finitions'. For the purposes of 'Chaper 51 of the Mound Code of Ordinances', the terms defined in this SectiOn shall have the meanings given .them herein unless Otherwise provided or indicated by the context. (a) Public_place shall mean any__piace to which the qener~al ~ublic has access and a right to resort for business, entertainment, or other lawful purpose, but does not necessarily mean a p.lace devoted solely to the uses of public. It shall also include the front or immediate (b) area of any store, shop, restaurant, tavern, or other place of business and also public grounds, areas, or parks. Riot shall mean a public disturbance 'inVolving (1). an act or acts of violence by one or more persons part of an assemblage of three or more persons, which act or acts shall constitute a clear and present danger of, or shall result in, damage or injury to the properEy of any other person or to the person of any other individual or (.2) .a threat or thre.ats of-.the commission of an act or acts of violence by one or more persons part of an assemblage of three or more persons having, ind. ividually or collectively, the ability of in~ediate execution of such ·threat or threats, where the performance of the threatened act or acts of violence would constitute a clear and present danger of, Or would resul~ in, damage or injury to the property of any other person or to the person of' any other individual. (c) Incite a riot shall mean, but is not limited to, urging or instigating other persons to riot, but shall not be deemed to mean the m~re oral or written (1) advocacy_ of ideas or (2) expression of belief, not involVing advocacy of any act or acts of violence or assertion of the rightness of, or the right to commit, any such act or acts. Subd. 2. Disorderly Conduct Prohibited. A person shall be guilty of disorderly conduct if, with the purpose of causing public danc~er, alarm, disorder, nuisance, or if his conduct is likely to cause public danger, alarm, disorder or nuisance, he wilfully d. oes any of the following acts in a public pl'ace: (a) Commits an act in a violent and tumultuous:manner toward another whereby that other is placed in danqer of his life, limb or health; (b) Commits an act in .a violent and,. tumultuous manner toward another whereby the. pr__operty__o_f any person is placed, in danger of being destroved or damaged; (d) (e) Causes, provokes or en'ga_~ges in any fight, brawl, or riotous conduct so as to endan_ger the life, limb, health, or property of another; Interferes with another's pursuit of a lawful occupation by' acts of violence; Obstructs', either ~ or together %qith other persons_, the flow of vehicular or pedestrian traffic and refuses to clear'such public way w~en ordered to do so by the Cit~ (f) Police or other lawful authority known to be such; Resists' or obstructs the performance of duties b~ City Police or any other authorized official of the city, when known to (g) be such an official; Incites, attempts, to i'ncite, or is involved in attempting to (h) incite a riot; · Addresses abusive language or threats to any member of the City Police Department, any other authorized official of the -city who is engaged in the lawful performance of his duties, or any other person when such words have a direct-tendency to cause acts of violence. .~qords merely causing displeasure, (±) annoyance or resentment are not prohibited; Damages, befouls or disturbs public property or the property (j) of another so as t'o create a hazardous, unhealthy, or physically offensive condition; Makes or causes to be made any loud, boisterous and unreason- able noise or disturbance to the annoyance of any other persons nearby, Or near to any public hiahwa~ y, ro_ad, street, lane, alley, park, square, or common, whereby the public. peace~ is broken or disturbed, or the travelling public annoyed; (k) Fails to obey a lawful order to disperse by a police officer, when known to be such an official, where one or more persons are.comlnitting acts. of disorderly conduct in the immediate vicinity, and the public he'alth and safety is imminently__ (i) Subd. threatened; Uses abusive or. obscene language or makes an obscene ~_esture. 3. Exemptions. This ordinance shall not be construed to suppress the right of lawful assen~ly, picketing, public speaking, or other lawful means of ex_pressing public opinion not in contravention of other laws. Section 51 '035 is hereby added to the City Code 'and shall read as follows: Section 51 035 Subd 1. Loitering of Minors Prohibited. It shall be unlawful for any minor under the age of years to loiter, idle, wander, stroll, or pl~y in or upon-the public streets, highways,' roads, alleys, parks, playgrounds, wharves, docks, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised_ places, between the hours of P.M. and A.M. of the. following day, official ci.ty time, from P.M. and to , and between the hours of AiM. of the followi~q day, official city. time, from to ; provided, however, that the provisions of this section do not apply to a minor accompanied by his or her parent, ~uardian, or other adult-person having the care and custody of the minor, or where the minor is upon an emergency errand or leoitimate business directed by his or.her., parent, guar. dian, .or other adult person having the care and custody of the minor. : Each violation of the provisions of this section shall constitute a separate offense. Subd. '2. Responsibility of Parents. It sh'all be unlawful for the parent, guardian, or other adult person having the care and custody of a minor under the age of · years to knowingly permit such minor to loiter, idle, wander, stroll, or play in or upon the public streets, highw, ays, roads, alleys, parks, playgrounds, wharves, docks, or other public grounds, public places and public buildings, places of amusement and entertainment, vacant lots or other unsupervised places, between the hours- of city time;· from P.M.' and' -'to A.M. of the following day, official , and between the hours of P.M. and time, from A.M. of the fo].lowinq day, official city to ; provided, however, that the provisions of this section do not apply when the minor is accompanied by his or her parent, guardian, or other adult person having ~-~ care and custody. of the minor, or where the minor is upon an emergency errand or legitimate b%si. ness directed by his or her parent, guardian, or other adult person having the care and custody of the minor. Each violation of the provisions of this section shall constitute a separate .offense. ~ Subd. 3. Penalties. g3ay minor violating the provisions of Section 51.035 Subd. 1 shall be dealt with in accordance with Juvenile Court law and procedure. Any: parent, guardian, or other adult person having the care and custody of a minor violating Section 51.035 Subd. 2 shall be guilty of a misdemeanor. Section 51.29 of the City Code is amended to read as follows: Section 51.29. Hunting Prohibited. No person, or persons, shall hereafter, within the %~a_~e City of Mound take, capture, or trap any animals or birds. ? Section 51.31 of the City Code is hereby amended to read as fo 1 lows: Section 51. 31. Discharge of Firearms. No person or persons shall hereafter, within the V~age City of Mound, discharge or cause to be discharged any firearm, air guns, sling shot or fireworks. and- ea~ed-o~-ehe-pe~so~-o~- ehe- ~nd~¥~ d~a~-d~scha~g~-s amer Separability of Provisions. It is the intention of the City Council that each separat.e provision of these ordinance amendments and additions shall be deemed independent of all other provisiOns herein, and it, is further the intention of the City Council that if provisions of this ordinance be declared., invalid, all other any _ .provisions thereof shall remain valid and enforceable. Sections 51.03, 51.032 and 51.33 of the C.ity Code are hereby repealed. Section 51.03. ~ioise and Di~turbinq Peace. Section'51.032. Drunkeness. wh~e-~n-a-~aee-~-~pen-~-n~e~&~m-d~mkenne~m-~-~m~x~ca~mT-~n any-m~eee-~-p~b~e-p~aee-~f-exp~sed-p~aee-w~h~n-~he-~m~s-~-{h~ Section 51.33. Firearms - Hunting - Permits. ma~e-~ge%he~-wi~h-paymen%-~-~=0O-~he-~h~e~-~-P~ee-~s-he~eby o~-b~da-by-anM-means-deemed-~keab~e-bM-h~mT-{o~-a-~e~od-~oa-ex- Attest: Mayor City Clerk Approved by City Council Published in Official Newspaper 5-22-79 CITY OF MOUND Mound, Minnesota May 9, 1979 COUNCIL MEMORANDUM NO. 79-166 SUBJECT: Ordinance Change The Council directed an Ordinance Change in Section 25.06 to prohibit ~nderground gasoline storage in residential z~nings. A motion adopting the ordinance is recommended. ~ ~onard L. Kopp · ~ ~/ / 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 CHARLES L. LEFEVERE HERBERT P. LEFLER ~ JEFFREY J. STRAND JAMES P.O'MEARA MARY J. BJORKLUND THOMAS O. CREIGHTON LAW OFFICES LE:FEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ IlOO FIRST NATIONAL SANK BUILDING MINNEAPOLIS, MINNESOTA 55402 May 8, 1979 TELEPHONE (61Z) 333-0543 Mr. Leonard L. Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55 364 Re: Ordinance Section 25.06 Dear Len: This will acknowledge receipt of your memo of May 2, 1979 and the item covered by information memorandum 79-48. It is my belief in reading the existing ordinance that the prohibition is already in the ord_inance. Since there appears to be an ambiguity and a difference of opinion, I have clarified the wording of the ordinance to make the prohibition specific. I have also taken it upon myself to add a suggested sentence which the council may want to consider allowing them to issue a special permit for use in the commercial and~ business districts. I guess I am confused as to what arrangements would be made for service stations, etc. if the prohibition is ma~e complete and there is no provision for a special permit. We can dis.cuss this with the council at your earliest convenience. Very.~ruly your~s ,~ Curtis A. Pearson City Attorney CAP: ms Enclosure ORDINANCE AN ORDINANCE AMENDING SECTION 25.06 OF THE CITY CODE RELATING TO BULK STORAGE OF LIQUEFIED PETROLEUM GASES The City of Mound does ordain: Section 25.06 of the City Code is hereby amended to read as follows: Section 25.06. Establishment of Limits in which Bulk Storage of Liquefied Petroleum Gases is to be Restricted. The limits referred to in Section 20.105 (a) of the MUFC, in which bulk storage of liquefied petroleum gas is restricted, are hereby established as follows: No bulk storage of liquefied petroleum oas shall be allowed in all residential A-i, A-2, B, all Multiple Dwelling and Townhouse Use Districts and in Commercial and Business land use zoned areas. [The City Council, upon recommendations of the Fire Chief and the Building Inspector, may issue a special permit in Com~.ercial and Business Districts and if a permit is granted the Council shall impose conditions to protect the public safety. ] Mayor Attest: City Clerk Adopted by the City Council Published in the Official Newspaper 5-22-79 CITY OF MOUND Mound, Minnesota May 22, 1979 COUNCIL MEMORANDUM NO. 79-168 SUBJECT: Acting City Manager The City Manager would like to go to Illinois over Memorial Day weekend and plans to be out of town from the afternoon of Friday, May 25th to the evening of Wednesday, May 30th. The City Clerk is out of town and will be until sometime on Monday, May 28th. Someone should be appointed Acting City Manager during the time May 25th to May 31st. 5-22-79 CITY OF MOUND Mound, Minnesota May 9~ 1979 INFORMATION MEMORANDUM NO, 79-57 SUBJECT: Diseased Tree Removal Rebate - List 7 Attached is a list of residents who have removed diseased trees from their property and the amount of rebate for each. This will be listed on the bills submitted May 22, 1979. /3&l ON LAKE MINNETONKA 534] MAYWOOD ROAD MOUND, MINNESOTA 55364 INDIAN BURIAl. MOUNDS TELEPHONE (612) 472-115§ May 8, 1979 TO: Leonard Kopp FROM: Tree Insoector SUBJECT: Rebate The following people have removal of diseased trees on their property in full compliance with City and State Laws. Please submit' this list to Council. Respa ctful ly, Chris Bollis Tree Inspector CB/ich eno: /jI..o CITY OF MOUND MOUND, MINNESOTA LIST ~ 7 Vernon Schw@lbe Shirley Topper Joseph Williams ADDRESS 2111Grsndview ?539 Emerald Dr. 4875 Edgew~ter Dr. NO. OF TREES TOTAL DBH 24" 36" 26" DCLLARS $48.00 $72.00 $56. O0 Clyde Ch~se Vic Smith Don Lobdell Frank Sti eve 3043 Tuxedo Blvd. 4925 Bartlett Blvd. 3367 W~rner Ln. 2213 Ch~te8u Ln. 2 33" 29" 30" $46.00 $66.00 $58.00 $60. O0 TOTAL $406.00 /3 5-22-79 CITY OF MOUND Mound, Minnesota May 15, 1979 INFORMATION MEMORANDUM NO. 79-58 SUBJECT: Police Auction - Unclaimed Goods Unclaimed ~tems held by the Police will be 'offered at Public Auction on June 9, a Saturday. · There are many miscellaneous items such as motorcycle parts, tools, household items as well as one motorcycle, 15 ten speed bikes, 5 other bicycles, a nylon tent and other camping equip- ment. L~st att~ched~ CITY OF MOUND AUCTION - 6/9/79 PAGE AuCtion Prop'. ....... Tag # Tag # Case JJ Description Bidder J/ Price 1 2512 silver falcon..foldiqg.kniLf, e' 2. 2513 bathrobe, yellow & white ...... 3 .... 2649 , ,, AMF.Harley.._Davidson gas tank ...4. ,2650 motorcycle headlight (box #2) _5 2652 . .,mO.~o. rcycle side.engine cover (box J/2) 6 2653 ....... .motorc.ycle taillight & license plate assembly 7 2654 . motorcyc.le solo seat, black in color 8 2655 Leo's motorcycle seat, black in color 9 2656 ., motorcycle chain guard (box #2) ,i0 2658 motorcycle chain, chrome (box #2) -.' 11 2659 motorcycle rear foot pegs (box'#2) 12 2660 . motorcycle chrome oil filter (box #2) 13 2662 motorcycle rubber fuel line (box #2) ,., 14 2712 Harley Davidson motorcycle frame 15 2663 two motorcycle springer rockers (box #2) ~6 2664 motorcycle handlebar risers (box #2) 27 . 26.66 ...... motorcycle windshielcl bracket..(box #2) 28- 2669 motorcycle horn, chrome 29 2670 motorcycle headlight, as. sembly., chrome 30 2671 motorcycle j.ammer speedometer 31 2672 motorcycle bra.ke..,Pedal (box #1) 32 2673 motorcycle fuel line (.box #1) 33 2674 imotorcycle fuel 1 in~ (box #1) 34 2675 motorcycle fuel line (box J/l) 35 2676 :motorcycle b~ake cylinder (box #1) 36 ~ 2677 ~motorcYcle gas line (box #1) 37 2667 :Harley Davidson carburetor CITY OF HOUND PACE 2 AUCTION- 6/9/79 Aud"ion 'Pro~'. - ......... ''" · ' Tag # Tag # Case # Description Bidder ~ Price 38 2679 ..... motorcycle baffle,for R pipes (,box #1) ........ 39 268q .1,motorcycle chrome, f~ot peg (box #I) ......... _ 40 , 2683. motorcycle twist grip assembly ,{bp? #1'). 41 2684 ..... . motorcycle chrome starter.cover. (box #1) 42 2685 motorcycle chrome mirror (boz.~..!) ........... 43 . , 2~8.~,. motorcygle f°rk tube caps (box ~1) ................ 44 , 268~ ,,mo,torcycle rear brake bracket,(box #1) . _ 45 2688 ... 'mq~orcy~e clutch lever and cable (boX #1) ....... 46 2386 Johnson outboard motor, serial #419524 (3 bp) 47 2.~91 ~o~orcYCle handle bars .... 48 ... 2692 .... motorcycle batterY hold d.o?..(bgx #2!.' ........... 49 2693 Harley Davidson air cleaner cover (box #2) 50 2694 two motorcycle foot boards ibox #2) 51 2695 two motorcycle lower fork tube covers (box #2) 52 .2696 lower triple tree for front forks on MC (box 2 53 2697 upper triple tree bracket for MC(box #2) .54 2698 motorcycle rear brake assembly (box #2) -55 2699 box of misc. motorcycle parts (box #3) 56 2700 set of motor'cycle R exhaust pipes (box #3) 57 2701 ' I front fork tube for motorcycle 58 2702 I front fork tube for motorcycle ,.59. 2422 , , RayOvac flash!ight ........... 60 , 225! .,, I q~art sauce pan .. , ..... 61 2253 pocket kni~e~ black ig C,91or .... 62 2252 lea~.her.knife c~.se~ brown in color ~63 225~, paring knife, brand name Robinson ......... , , , 64 2256 butter knife CITY OF HOUND AUCTION - 6/9/7 Auction 'Prop. , Tag if Tag # (~ase # DescriPtion Bidder # Price 05 22[;0 ~et of salt & pepper shakers 66 2215 red hatchet 67 2418 Swing-away can opener 68 2244 steel cable with hooks on each end 69 2202 axe, brand name Excelsior 70 154 pliers with green handles 71 155. ' four 8 track tapes 72 152 black vinyl case 73 2356 garden, hose 74 2355 two knives and one spoon 75 2754 one jack knife 76 2925 pocket knife, 4" long, brand name Silver Falcon 77 2590 Kraco CB radio, 23 ch. with mike, ser.190571 78 2591 High Gain I CB radio, 23 ch., ser. 15760 .... · '" se'riai 'j/ ...... 79 2592 Audio-Com CB radio, 23 ch. with mike, 60709432 80 2593 Sharp CB radio, 23 ch. with mike, Set.8615651 serial 81 2594 Medallion 8'trac~ t..aPe .p..lay. er. FM..stero,21202031 .... -82 2541 . .. yellow handled screw driver ...... 83 2527 pa! r .o.f. prescri pt ion sung. las~es ..... ...... serial # 84 2524 motorcyc!e frame, brand name unknown, F100910 85 2705 red gas can .......... : "ired ian" 86 2769 black handled knife, approx. 12" long- on side 87 2795' · black tire iron .. 88 2796 white & green terry cloth towel 89 2426 one Super Chef knife 90 24.2~ .. one folding laid knife .... ... CITY OF MOUND AUCTION - 6/9/79 PAGE ~uCtion Pr~P. " ' Tag # Tag # Case # Description Bidder # Price _ .9~ ...... 2255 grepn, hose 93 2257 red hose 94 2472 pair of glasses in blue c~se .95.. 2531 axe with wooden handle~ double blade , 9~ none Falstaff lighter 97 2509 tan tackle box 98 2510 pair of binoculars 99 Kawasaki MC tOol kit 100 hat, gold in color I01 181 ........ Panasgnic.8 track tape player Serial # 102 2461 soni cassette stereo [adi0, black; 1412125T6840, 103 2366 cushion from couch, plaid 104 2371 screwdriver - yellow & black"in color 105 Coping saw blades 106. 2 Craig speakers, 6" - for car 107 M-2 box of Misc. baby clothes & bedding 108 Argus camera 109 2825 blue motorcycle helmet 110 !~-7 Misc. tools Iil 2918 17 8-track tapes & case 112 2301 Monroe calculator, key sort, ser. 41011092Po3 serial 113 2303 Pioneer cassette deck, model KP-500, #WL60592 ~ i14 2404 Misc. articles of clothing · · 115 2405 Misc. articles of clothing Articles of clothing, black purse with wooden ~ 116 2400 ...... handles~ .and a pair of. ~now~.obile boots ....... ~ 117 ~ 2399 cio,thing and a white stuffed d9~ / ~ 118 2408 small battery operated clock, broken CITY OF HOUND AUCTION - 6/9/79 ' AuEt'ion P'~-6P.' ................ Tag # Tag JJ Case # Description Bidder # Price * #114 to #118 - these i.tems are not in prop. root ,.. 119 2417 .... $.tanl.ey pry bar & nail remover ....... 120 2264 knife & sheath, stamped "Tramontina Garantido" *121 2260 set of rosary beads *122 2204 bliJe & chrome penl!ght..i~lashlight * #121 & #122 are missing from property room 123 2206 brown wa1 let 124 Pioneer FM cassette car radio 125 2208 hunting knife, 4: long., br.and..nam, e.].mperial 126 2211 locket knife, 2 blades 127 2870 ~air of long nosed pliers with yellow grips 128 Channel Master FM 8 track car radio 129 2872 1 gallon of Ace q. ui.~k dry enamel paint 130 2874 , 12 quarts paint, 2 blue plastic pails, 3 brushes 131 2837 IChryslar outboard motor tote tank, 6 gal. size 132 2815 set of SK wrenches in green case,26 sockets, wrehch ' : 133 27~5 hlue F. grey rnnving p~/l ........ 134 .2.765 . 24" 1. u.q .wrench, star. desiqn & lug wrench,.. L des . , 135. 2708 sev. en 8-track tapes .... 136 2707 2 piece bathin~t suit 137 2818 Realistic po. lice scanner ...... : .'138 2893 .. Explore.r pocket knife .............. 139 2241 ' !Frisbee 140 2873 black & lamb animal trap .... 141 ..... 2759 .... Six .gal. Johnson gas tank ...... J 142 ' 2760 six g..al. Johnson ga.s can ....... ..... . · 143 272| O'Brien competition water ski CITY OF HOUND PAGE 6 AUCTION - 6/9/79 Auctio~ Prop.. Tag # Tag #; Case # Description Bidder # Price 144 2722 stereo speaker, model'¼,'ser. 18836 145 2723 stereo speaker, model ¼, ser. 18835 146 2727' Evinrude 6 gal. gas tank ~ 147 2728 brown envelope containing fishing tackle 148 2729 box of pots and pans 149 150 2647 can of Holiday spray paint (blue) i51 2736 Kawasaki MC in parts, ser. 508867 152 red telephone, phone'number 739-1112 153 2740 1969 Harley Davidson'motorcycle 154 2476 10 speed tluffy, orange, ser. ZC8821197 155 2737 I0 speed bike, gold, with light, ser. 3488K 'i56 2738 -' 10 speed bike, blue Sears dismantled, Misc.part~ ..*157 2540 10 speed, red, Alter-Burger, ser. 35724 ~ above bike is missin~ from.Anderson Bldg.' -' serial # '158 2528 single speed bike, black Motocross, L0195211W 159 2740 lo speed bikes y~llo~', ser...HC7~76648 ' . ....... serial # 160 I0 sp. bike, Iverson Grand Touring 5241039 161 10 sp.~ white, Coast King, ser. R323276 .. 162 2817 blue boy's bike, Huffy, set. HC0040908 163 2272 IlO sp., blue,. Columbia,.ser. 70471064 . 164 2323 !0 sp., blue, Ol. ympian, seril HP1813607 ..... * 165 2331 10 sp., yellow,' S~hwinn continental * above bike missing from Anderson Bldg.. .. 166 2566 lO sp., silver, Murphy 167 2338 20".bike, gold/green, ser. W638825269224 ." lgR 2376 10 sp., white. Huffy. 'ser. C711~5 CITY OF MOUND AUCTION - 6/~/7~ Auction Prop. Tag J/ Tag # Case 1/ DesCription Bidder # Price 169 2368 10 sp. bike, yellow, Schwinn Collegate 170 2437 10 sp. bike, painted over blue paint, no br. nan9 171 2440 single sp. bike, blue, Ross European I, no ser# 172 2438 20" bike, blue & grey, set. 469459 173 2459 10 sp. bike, green, make unknown * above bike missing from Anderson Bldg. 174 2724 nylon tent, green & yellow in colol 175 2725 green nylon bag containing tent poles 176 2726 ' brown env. cont. fishing' tackle & flashlight i77 2730 ...iblue & o. ran.qe life. raft, goravelle, model 'K-S6 .. . 178 2894' 15 s.p bike .... oran. qe, t~ards Hawthorne . 179 . 290.1 IO..sp. b.ike, .q_reen, Schwi.nn, seE.. E70t575 180 27.33 .brass stove..control ....... . 181 2734 brass 'stove control 182 '2735 twin 'buEner camp stove ............... 183 10 sp. bike,.oran.ge:.Schwinn .... ' _. .184 2888. single.sp, bike,_[ed,.'whi, te & blue ...... 185 3 bicycle g.90.s.e, neFks ............ 186 20" bi.~cy, cle frame - '7'~ ca... ~ 187 2163 0 speed bike, white, AHF. __188 . .. .clold bi.ke frame, brand name ~/e.$tern Flyer .... '77 case ~189 2231 10 sD...bike.., brown, .Huffy . '77 case 190 2165. 3 sp. green bike, bt. and pame Coyo.t.e.. '-'. ..... - ....... .. ,77 cas .~ 191 53 i0 sp.. silver bike, brand name MundQ Cycle . . 192 Misc. bike parts 193 Coast to Coast riding lawn mower 194 Toro riding lawn mower with riding sulkey PAGE CITY OF MOUND 'AUCTION - 6/9/7 Auction Prop., Tag # Tag #~ Case # DescriptiOn. Bidder # Price 195 black brief case 196 fishing rod and reel ' 197 fishing jig stick 198 Zenith black & white portable TV lqq .... wooden roc,kinq chai,r _, . 200 fold washin.q machine. .201 wood chair 202 chest of drawers ............ 203 wooden table 204 redwood chair 205, . ........ red plant h~!.der 206 wooden chair .207 .......... steel bed frame & spring ......... ., '208 old sewing machine 209 :redwood chair 210 , ~ , ~ood floor lamp ....... 211 2 wood chairs 212, 2 wood'end tables 213' hand washboard 214 folding chair 215 steel floor lamp CITY OF MOUND Mound, Minnesota May 18, 1979 INFORMATION MEMORANDUM NO. 79-59 SUBJECT: Liquor Store Lease In the last discussion with the owner of the Liquor Store building, it appeared that we could have renewed the lease on the following terms: Term - 5 years with option to renew. Right to .Sublease - The lessor'can sublease if the City of Mound by law is unable to continue to operate a municipal liquor store. Rent - $675.00 per month for the years 1979-1980, 1980-1981 and 1981-1982 plus 15% of taxes and assessments as well as 15% of parking lot maintenance cost. (Present rent is $575.00. This is a .1739 percent increase.) For the year 1982-1983, the rent would be the same as above plus an in- crease equal to 50% of the increase in cost of ~iving between June 1982 and June 1983. If the cost of living went up 8%, there would be a 4% increase in the $675.00 per month. For.the year 1983-1984, the rent would again increase 50% of the cost of living from June 1983 to June 1984. If the Council approves, we will go forward on the above basis. cc: Liquor Store H. Wolner 300 301 311 312 '314 401 499 5GO 5O2 504 511 516 · 521 526 .546 547 .556 559 566 567 576 5?8 58O 599 1909 NbNIC1PAL LIQUOR FUND JANUAaY 31, 19~9 CURRENT PERIOD I ~ONTH Y~AR-TO-EATE SALES AMOUNT RAIl 0 AM(]~NI' RAT 16 LIQUOR ~INE 6EER 16,821 44°28 6~812 1?.93 13,756 3Eo21 16,621 44.2~ 6,612 17.93 .13,756 36.21 IUIAL SALES 597 1.57 3?,986 i00o00 59? 1.57 37,986 lO0.OO CDSIS OF SALES ~. 29,249 77.00 · . $ 8,737 23.00 $ 29~249 77.00 8,737 23.00 SALARIES MANAGER SALARIES SELLING TR~VEL EXPENSES 1,373 3o61 2,403 6.33 1,373 3.61 2,403 6.33 ~UES AND SUBSCR1PIIGNS INSURANCE 35O .52 6O0 1.58 350 .92 600 1.SE BUILDING RENI ECblFMENT RENT 14 .04 REPAIR & MAINTENANCE TELEPHONE ACCOUNI'ING & AUDITING 130 130 POSTAGE FUEL U1 IL I1 lES 100 .2(> 140 .37 100 140 J AN Ii'Gal AL EMFLOYEE FRINGE BENEFITS 711 1.87 350 .92 711 350 T~TAL EXP~NSES 6,171 16.25 6,171 OPERATIN6 INCCME OR $ 2,566 6.~5 2,566 6.7~ ...... LAST YEAR ............... PERIOD YEAR-TC-DAT E AItGUNT RAI [0 AMgUN 1' RAT ! 0 14,336 43.?7 5, 6gg 17 o40 5,699 1-1.40 12,112 36.98 127112 36.98 $ 32,755 100.00 608 1.86 $ 32,755 ICO. O0 $ 2z* ,-/$3 75.57 $ 8,002 24.43 $ 8,002 24.43 I~306 3.99 1,613 4.92 10 .03 1~B06 3.99 1,613 4.92 10 .OB 550 1.07 10 .OB 60O 1.83 350 1.07 10 .03 600 1.83 57,5 1.76 ? .02 26.3 .80 575 1.-/6 ? .02 263 .80 160 .4g 54 .16 130 .40 160 54 .16 1BO .40 11'1 46 o14 117 °36 95 2?9 .85 95 2-/9 $ 5,615 17.14 $ 5,615 $ 2~367 17. lZ~ -/.29 CCC-2: JAI~OAR¥ 31~ 197 PAG~ 2~ 600 617 15 °04 ~ 15 48~ 1.2~ 503 1.32 468 1.2~ 503 f{EI Ir~CO~fiE $ 3,.089 8..08 ~ 3,069 ........ · . ...... LASI CURRENt, PERIGB YEAR ............... ¥~AR. TO-~.ATE AMOUNT RATIO $ 2~B87 7.29 98 99 lOG 106 110 120 124 132 140 158 159 1~4 165 170 199 MUNiCiPAL LI~UEB, FUND BALANCE SHEET JANUARY $1, 1S79 l~V ES l~ E N'~ S LG~N ]fO ~E~ERAL FUND 1NVENI'OR~ PREPAIC EXPENSES ASSETS $ 41,Cll NET FI×ED ASS£1S ASSETS ~GTAL ASSEIS $ 1,125 65,4~2 17,208 82,195 9',9'87 $ 10,544 3,901 179,619 i4,445 $ 194,~64 2OO 201 203 204 2O8 210 2?9 280 261 282 298 JANLJA~ ¥ 31, CURRENT LIABILITIES ACCQLNI$ PAYABLE SALES ~AX PAYABLE ACCRUES LtABILIltfS 101AL CLRREN] LIABILIIIfS I~TAL LIAbILItIES TRA~S.FE~S CU] SUSPENSE IOTAL ~OTAL ECLt]Y .LIAflLI]IES AND f~UITY, IS?S--.- .$ 13~386 '130 14,845 $ 14,8~5 181,080 [ 55,837] 3,069 51,10-~ 179,419 $ 1~4,Z64 CITY o1: MOUND May 17~ 1979 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 ThomAs & Sons Construction! Inc, 419 3rd Street Southeast Osseo~ Minne~ot~ 55369 Dear Mr~ Thomas: At Tuesd~y!s Council meetingt Mr, D~ Coleman of 2100 Noble Lanef ~Qundf c~me to the Council and requested that the cleanup work on his pr0pe~ty be completed~ What he is asking for could have and should h~¥e been done last fall,- This was his third request this spring. Mr, Coleman's request together With other phone cal~s I have been gettingt shows that the cleanup is not progressing as fast as it should: The weather is nice~ not a lot of rain~ but we keep getting calls when will thiS be done and when will that be done~ Please get some men in and finish up those streets where the curb and blacktop were put An l~st ~all, It ks now past the middle of May and the cleanup on tho~e streets completed last ~all should be finished by now~ We h~ve kept ~ngi~eers informed as we ~et the requests and it is our ple~ that you finish up the job~ We would like tQ see the ~roble~ on Mr~ Coleman's property completed quickly~ Yours trulyf LLK/~s cc; D, Coleman ~cCon~bs Knutson Universal Surety Company Inland Insurance Company IN~ Reinsurance Company North American Reinsurance Corporation City Council 13 CITY of MOUND (612) 472.~1155 May ll, 1979 TO: Leonard Kopp - City Manager FROM: Charles Johnson - Chief of Police SUBJECT: New Employees The pre-employment testing and screening has been completed on the below listed individuals. Each have passed satisfactorily and I recommend each to be hired. If you agree with my decision, they will be hired on the effective dates listed below. These are the same individuals whose files we reviewed this past week. NAME DOB S~ARTING DATE Cayo, Gary Wayne Racek, Scott A. Polley, Michael Loren 10-23-53 05-15-79 01-09-56 05-.16-79 09-13-56 06-01-79 Respectful ly, Mound Police Department CJ/sh /3'!1 BUDGET REPORT APRIL 1979 :PARTHENT BUDGETED O11 COUNCIL $ 10,450.OO 012 HUMAN RIGHTS 360.00 !CURRENT EXP. 1297.49' 013 HANAGER 85,180.00 12821.04 O14 ELECTIONS 5.42 015 ASSESSING O16 FINANCE O18 LEGAL 118 PROSECUTING O31 POLICE 032 FIRE 033 INSPECTIONS 933 PLANNING 034 CIVIL DEFENSE 04'2 STREET 743 SHOP & STORE 847. DISEASED TREES 069 PARKS C.E.T.A~ TEMPORARY LABOR 091 LIQUOR 078 SEWER 173 ~,fATER REVENUE SHARING IMP EQUIP OUTLAY CEMETERY RETIREMENT FIRE RELIEF 1,080.OO 33,O55.O~ 207.90 98,640.00 14357.08 12,8oo.oo 22oo.o1 11',055,00 457,211.OO 94,375,OO 3212.51 78681,19 10535.34 26,960,00 3793.23 20,550,OO 7012,50. 15,140,OO 1629,30 227,955.00 44088,44 48~4,67 Y-T-D EXP. 35,485.00 22,440,'00 2636.35 194.41 370o9.41 7,86 389.74 31639,29 4266,68 5999.18 WATER REVENUE CONTINGENCY 148036.01 21228.67 6706,67 12260,15 1700.45 896O6,58 9135.13 949.00 · 63,936,oo 9063.28 18363.30 " 1970,45 5o15.28 7.78.45 31261.89 11,050,00 165,905,00 379,676,00 54375,00 2~6,191.00 27457,O5 42,314.O0 2946,63 108,941.OO 4261.26 5,335.00 140.O0 83,O16.O0 8181.29 40,750,00 274.32 54,612, OO ,~ 20,000.00 1168,53 1222~15 49638,O1 90171~65 56209,92 ALLO¥1ED 3482,98 '119.98 28390.49 359,96 11017,23 32876.71 4266.24 3684.63 152388.42 31455;!8 8985,76 6849.31 5046.16 75977,40 11827,15 7479.25 21309.86 3682,96 55296,13 126546~01 75389.46 2971.63 14103,.25 23671.26 363T0,03 240.00 1778,15 19475.22 1560,15 .. 1.87.5o 27669,23 13581,97 "'.18202.,.17 66~,6.00 ACTUAL .2523 .5400. .4345 .0073 ,1025 .3208 .5427 .3238 · .2249 ,2458 ,5966 .112'3 ,3931 ".2574 .o521 ,2872 ,1io6 .2992 ,2375 .2'485 ,O702 ,2173 .o45o .2346 ..0383 ~oo34 CITV of OUND May 9, 1979 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: Building Inspector Lyle Swanson SUBJECT: A1 & Alma's The Council asked for an update.on A1 & Alma's and its status. A1 & Alma's asked to build an addition~ The present structure exists non-conforming because of lack of parking on the ground, The building does have parking by a special use permit. In checking, it was found that an error existed in the Zoning Ordinance. The ordinance said Lots 1 and 2, Whipple, were zoned commercial; the words, "Block 8", had been omitted. A hearing was held on December 5th for the spedial use permit and the correction of the zoning' (see copy at~ached). The zoning correction was accomplished by Ordinance 389 (see copy attached). The hearing on the special use permit was continued because Mr. Nolan objected to the entrance and the parking plan suggested. The Council asked for information about the original special use permit for parking. Attached is a copy of Resolution 70-189 and a copy of Exhibit A referred to therein. City Ma.nager May 15, 1979 Reply To: 12805 Olson Memorial Highway Minneapolis, Minnesota 55441 (612) 559-3700 Mr. Henry Truelson Building Inspector City of Mound 5341 Maywood Road Mound, MN 55364 Subject: City o£ Mound A1 and Alma's Parking Dear Mr. Truelson: As requested, we have calculated the estimated cost of additional work required at the parking tots at A1 and Alma's to bring them to conformance with the plans approved in 1970 and the plans submitted in 1979. The estimated cost of improvements to the parking lot across Tuxedo from the building to bring it to conformance with the 1970 plan is $4,600.00. The estimated cost to bring this lot into conformance with the 1979 plan is $4,000.'00. The estimated cost of the work around the building is $3,200.00. The costs include landscaping, fences, hedges, blacktop expansion, grading, French drains, signs, and striping. If a bond is required, it has been the City policy to require an amount of 1 1/2 times the estimated construction cost of the work. You also asked me to check the square feet of the building versus the square feet of parking being provided. Based on the scaled distances on the plans I have, the square footage of the existing building is 2600 square feet and of the proposed kitchen is 1000 square feet. The parking being provided on the 1979 plan is 48 spaces which are 9' x 20' for a total of 8640 square feet. Nine additional spaces or 1620 square feet are shown on future parking. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. Lyle Swanson, P.E. LS:sj Minneapolis - Hutchinson - Alexandria - Granite Falls printed on ~ecyck~d p,~per CITY of MOUND May 15, 1979 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: FROM: SUBJECT: City Manager City Inspector A1 & Alma's Parking In accordance to the square footage figures supplied me by the City Engineer, of this date, the required amount of parking would be 7,800 square feet deep which would be equivalent to 44 parking spaces. On his proposed parking plan he indicates parking being provided for 48 spaces (9 x 20 ft per unit) for a total of 8,640 sq. ft. which exceeds the requirement by 840 sq. ft or 4½ parking spaces. The proposed kitchen addition of 1,000 sq. ft. would require an additional 3,000 sq. ft of parking and/or 16 spaces. He shows unimproved parking expansion of 1,620 sq. ft or 9 additional parking spaces. With the future parking improved, he would still be short 2 parking spaces or 360 sq. ft., this does not include ingress drives, turning area radii for in- gress to and from the parking spaces. However, it is rather apparent that on the proposed plan there is adequate space for ingress and egress if the addition- al 9 future parking spaces are not fabricated, he will be short 11 spaces. R~.-~pec t f. pl 1 y, Henry lruelsen HT/dd 70-187 "/-14-7o RESOLUTION NO. 70-189 RESOLUTION GPJiNTING SPECIAL USE PEPJ4IT FOR PARKING IN A P~SIDEN TIAL USE AP~ (Al & Alma' s) I~HEP~AS, a public hearing was held on July 14, 1970 at the Village Hall in Island Park to hear a proposal to establish off street parking as a use by special permit on Lots 20, 21, 22, 23, 25, and 26, Block 9, k%tpple, for A1 and Alma' s, NOW, ~.tEP. EFORE, BE IT RESOLVED BY T.qE VILLAGE COb%~CIL OF MDb%;D,. MDUND, MINNESOTA: That A1 and Almm's be authorized to use Lots 20,21,22,23,25 and - 26, Bl.ock 9, %~ipple, zoned !~sidential A-2, as a parking lot by special use permit. BE IT FURTHER RESOLVED: That Site Plan marked, "ExtLibit A" attached hereto and made a part hereof ~mended to allow a va~_ance as to front yard · setback, said setback to be 15 feet measured parallel to Tuxedo Poad, requiring all setback areas to be sodded and subject to all other provisions of Sec. 23.Oll Subd. (d) Subsection ten (lO) of the Zoning Ordinance, be approved. Adopted by the Village Council this 14th .day of'July, 1970. 70-189 7-14-70 ORDINANCE NO. 389 AN ORDINANCE AMENDING SECTION 23.07 (f) OF THE CITY CODE The City of Mound does ordain: Section 23.07 (f) is amended which shall read as follows: (f) Lots 1 and 2, Block 8, Whipple Attest: ~ C~ty Clerk Adopted by the City Council December 5, 1978. Published in Official Publication December 20, 1978. 5-15-79 CITY OF MOUND Mound, Minnesota May 14, 1979 COUNCIL MEMORANDUM NO. 79-164 SUBJECT: Purchase Agreement - Aerial Platform Fire Truck Attached is a copy of the purchase agreement for the aerial platform fire truck. It is recommended that the Mayor and Manager be authorized to enter into the agreement. PURCHASE AGREEMENT FOR CUSTOM AND AERIAL CHASSIS THIS AGREEMENT, made and entered into this 15th May 19 79, by and between SUTPHEN of Amlin, Ohio, hereinafter .called "SUTPHEN" CITY OF MOUND day of CORPORATION. and the of , hereinafter called Mound, Minnesota "Purchaser, WITNESSETH: 1. Purchaser hereby agrees to buy and Sutphen hereby agrees to sell and furnish to Purchaser the apparatus and equipment ac- cording to the specifications attached hereto and made a part hereof, and to.deliver the same as hereinafter provided. .~.. 2. ~urchaser agrees to pay for said.apparatus and equipment. the total purchase priCe o~ Two Hundred Twenty Seven Thousand, Three Hundred Forty Five Dollars ($ 227,345~00 ), payable in full within five (5) days after delivery. Due to the continued price increases (labor and materials )~of brass goods, fire hose and miscellaneous equipment, and because of the constant shortages from suppliers of axles, engines, pumps, etc., to apparatus'manufacturers, and further due to the fact that suppli-' ers do not guarantee their prices, Sutphen is therefore compel- led to require that one-fourth (1/4) of the purchase price be paid within thirty (30) days from the time of the signing of this agreement as a mutual price.protective measure. Upon receipt by Sutphen of ~he aforesaid down payment of one-fourth (1/4) of the purchase price,~Sutphen shall cause title to certain designated equipment as shall be agreed upon between Sutphen and Purchaser to be transferred to Purchaser, which equipment may be held.in Purchaser's name at Sutphen's plant site i~Amlin, Ohio, until the delivery date, or may be shipped direct'to Purchaser's fire department, as the parties agree. 3. The apparatus and equipment being purchased hereunder shall be delivered to Pur6haser at Mound, Minnesota on or before June 1, 1981 after the receipt and acceptance of this agreement at Sutphen's office in Amlin, 'Ohio, provided that such delivery date shall be auto- matically extended for delays due to strikes, fail~re to obtain materials, or other causes beyond Sutphen's control. 4. Sukphen warrants thak all new apparatus manufactured or assembled by it is free from defects in material and workman- ship under normal use and serVice,"and its obligation under this warranty is limited to making good any part or parts thereof, including all equipment or trade accessories (excluding tires, storage batteries, electric lamps.and other devices subject to normal deterioration) supplied by Sutphen which, within one (!) year after delivery ~o Purchaser., shall become defective as. determined solely to the manufacturer upon examination by it. This warranty is expressly given in lieu of all other warranties'. express or'implied and all other obligations or liabilities on Sutphen's part, and Sutphen neither assumes nor authorizes any · other person to .assume for it any liability in connection with the sale of its apparatus or equipment. The warranty on com- mercial chassis (when such chassis is purchased and supplied by Sutphen) is limited to the warranty of the original manufacturer" or producer of such ~hassis. Any warranty that. exceeds the standard warranty of Sutphen as set forth above, such as some engine manufacturer's warranty, will be in accordance with such individual specified warranty. Sutphen will also assume the costs of labor on repairs due to defects in material and work- manship for a period of one year after delivery. · 5. The apparatus shall be tested and approved by the Under- writer's Laboratories at Sutphen's plant site in Amlin, Ohio. Purchaser agrees that the apparatus and equipment being purchased hereunder will not be driven or used in any manner until it is paid for in full, provided, however, that if there are any . minor shortages, Purchaser may withold the sum of $500.00 from the purchase price until such shortages are delivered and may use the apparatus and equipment during this p~riod. 6. In the. case of any default in payment hereunder or in the payment on any notes, negotiable paper, obligations or other instruments issued by Purchaser, Sutphen may take full possess- ion of the apparatus and equipment or of the piece or pieces upon which default has been made,-and any payments that have been made theretofore shall be applied as rent in full for the-. use of the apparatus and equipment up to the date of t~king of possession by Sutphen. 7. With the signing.of this agreement, Purchaser warrants that it has the full power and legal authority to enter into this agreement and guarantees that funds for its.purchase are available or in the process of collection. 8. This agreement shall not be binding until~ it is signed and approved by an officer of %he Sutphen Corporation. 9. The purchase price provided for herein does not include any federal, state or local sales tax, duties, imposts, revenues, excise or other taxes which may hereafter be imposed by govern- mental authority or otherwise'and which are made applicable to the apparatus or equipment covered by this agreement. In the event that any such taxes are subsequently imposed.and become applicable, the purchase price herein shall be increased by the amount of such taxes and such sum shall be immediately paid by Purchaser to Sutphen. The prices and deliveries.set forth .herein are subject to the Defense ProductiOn Act. 10. Sutphen shall provide insurance insuring the apparatus and equipment against loss by'fire, theft or collision and insur- ing against property damage and personal injury for a five (5) day delivery period. 11. This agreement and the speCifications provided herein'~''' take precedence over all previous negotiations, oral or written, and no representations or warranties are applicable except as specifically~contained in this agreement or'~n the specifications attached hereto. · IN WITNESS WHEREOF, the parties, hereto have caused this agree- ment to be duly executed in duplicate Counterparts and Purchaser has caused its corporate seal to be hergunto affixed, and at- tested by its duly authorized representatives, on the day and year first above written. SUTPHEN CORPORATION . CITY OF MOUND by By Sales Representative Title___~or '' Accepted at Office SUTPHEN CORPORATION 7000 Columbus-Marysville Road Amlin, Ohio 43002 By Title Date By. Title 133 5-15-79 CITY OF MOUND Mound, Minnesota May 14, 19.79 INFORMATION MEMORANDUM NO. 79-56 SUBJECT: Planning Commission Applicant Attached &re copies of a letter and questionnaire from G. T. Riches. In his letter, he requests to be considered'to serve on the Planning Commission. Please note the answer to questionnaire item 5. Leonard L. Kopp ~/! / 133J- 8 May 1979 City of Mound Planning Commission 5341Maywood Road Mound, Minnesota 55364 Dear Planning Commission: I have completed the questionnaire you recently distributed. I am writing this letter to suggest that I am prepared to serve as a member of the Planning Commission at some time in the future, should an opening develop. I am a property owner at 4763 Island View Drive, and I have now lived there for over two years. When I lived in Canada, I was a member for over two years of the Planning Commission in Prince Albert, Saskatchewan, a city of about 35,000 people. I am a registered architect in several states, and a vice president and partner of a large architectural/engineering firm in t~e Twin Cities. Not only am I an experienced member of a Planning Commission, but I also deal on a day-to-day basis with various issues related to construction, zoning and planning. I am not sure as to the methodology for appointment to the Commission, and therefore I am writing this letter. I would be pleased to pursue this matter further at an appropriate time. 4763 Island View Drive Mound, Minnesota 55364 Business Telephone: 646'7500 Home Telephone: 472-6906 PLANNING COMMISSION QUESTIONNAIRE 1. How long have you lived in Mound? Fla. less than 1 year ~b. 1-3 years 2. What type of housing do you occupy? ~a. own your home [qb. rent an apartment []lc. other []c. 4-9 years lid. l0 years or longer 3. Where did you live before occupying your:present residence? F-la. within Mound ~b. outside Mound, where _ 4. What is the age of the head of your household? I-la. under 30 ,~c. 40-59 i-lb. '30-39 i-'Id. 60 or over 5. What city precinct do you reside in? (You vote OFirst - Fire Station ~ []]Fourth - Seahorse Recreation Building O Sec0nd - Indian Knoll Manor ~ FqFifth - Westonka Community Center F]Third - Island Park Hall F~,Sixth - Hennepin County Library '6. If you have children living at home, what are their ages? Numbers a. preschool b. grade k-6 c. grade 7-12 d. post high school e. foster children Where would you expect to live in 5 years? ,~a. same house [lb. different house in Mound l-lc. outside of Mound, where 8. What do you feel makes Mound a good place to live? (please register your priorities 1,2,3,4,5,6,7 in the boxes next to your preference). f a. good housing ~,[]]e. recreational opportunities b. close to lake ~- l-lf. natural environment setting ~ []lc. convenient shopping Og- other I-ld. good schools ~~ 9. What areas of community development need most attention in upcoming years? (please register your priorities 1,2,3,4,5,6 in the boxes next to your preference). I Fla. Od. Ob. ~ []c. Df. environmental protection redevelop downtown Mound provide better housing opportunity and rehabili- tate existing homes. improve traffic patterns improve parks other lC. Please feel free to make miscellaneous comments on back side, /333 Isber&, R~esenber&, Chelseth, and Assodates, Inc. 2116 Second Avenue South M~nneapolis, Minnesota 55404 MBS-KNUTSON ASSOCIATES, INC. CO SULTING ENGINEERS ~ LAND SURVEYORS im SITE PLANNERS 1979 Steve Thomas Thomas & $on~ Construction, inc. ~19 3rd Street Southeast Os~eo, HInnesota 55369 Mound, Mlnnesota 197~ Street Improvements ~enrJ No. 952759 O~ar Hr. Thomas: Ther~ ar~ laan¥ lt,~m$ of clea~mp and repair left on the streets :ha: w_~r~ paved last Year, such ~s: black dirt and sod; driveway repair; curb m~d gutter repair; fence r~storal:lon; storm ~ewer repalr; and other The Cl~Ize~s of ~ound have be~n ~altlng patiently for the co~pletion on thls repair work. The Cltlzen~ ere beside themselws awaiting repairs to th~|r I~wns end drive, aye. Additionally, the remaining streets have been excavated and no curb ~chlne has even been brought to the ~ob slte. In your l~tt~r last fall 'askt~g for a time extension on this project, you s. ta~ed, "...that r~alning t~rk would he prc~ptly comp]~t~ this Spring". ~/~ understand that you have appointed t{r. DIll Prlbee to ba superintendent for the p~oJect with authority to a~Gt In your behalf and tha~ Hr. Prlbee w111 b~ pr~sent on :ha Job throughout a11 co.nstruc~:lon. ~e will acqulr~ from you, by re~urn malt, a writ:eh schedule of when ~he. remalnln~ e~rk will ~e started ~nd ¢o~pleted. Unless a sustained will, after a perIo~ of ton (10) days fr~--[i~y'-~ i~79, hav~ the: portion of the work that It feels must be done l~edlately - dona by other~. This will ba charged to Thomas & Sons Constructlo~ Company, 12805 OLSON MEMORIAL HIGHWAY, MINNEAPOLIS, MINNESOTA 55441 TELEPHONE {612) 559-3700 22 NORTH MAIN STREET, HUTCHINSON, MINNESOTA 55350 TELEPHONE {612) 879-8029 SOUTHWEST ENGINEERING DIVISION, MARSHALL, MINNESOTA 56258 TELEPHONE (507) 532-5820 Drinted on recycled paper /33! '3I~1 ~S~LVI3055¥ ~OSZfllC~-Sa~033~ 6L~'L '8 THO~XL~S AND SONS CONSTRUCTION,-INC. 419 3rd St. S.E.. Osseo, Minnesota 55369 May 10, 1979 William H. McCombs, P.E. McCombs-Knutson Associates, Inc. 12805 OlsonMemorial Highway Minneapolis, Minnesota 55441 Dear Mr. McCombs: Re: Mound, liinnesota 1978 Street Improvements-Bond No. 952759 In response to your letter dated May 8, 1979, we are enclosing a work schedule for completing the remaining work on the above project. This. schedule must, however, be subject to the following: 1. Weather Concrete availability Easements. A reasonable understanding on the part of the Citizens of Mound regarding all of the delays which were beyond our control, in order that we may complete this project in an organized manner. I do not believe that the Citizens of Mound have been informed of all of the problems encountered by this contractor in com- pleting this project, and I believe they should be made aware of them. In August our sewer, grading and tree removal crews had to be pulled from the Three Points Area because of a lack of easements, line staking, erroneous surveys and utility poles. Had it not been for these problems, this area-could have been completed last year. We were forced to delay Beachwood and Grove Avenues in the Beachwood Area until this year because of a lack of easements. This was a very costly delay. Grove Ave. curb and gutter is now complete, but had to be hand formed. This year all grading for curb and gutter has been completed in Three Points except (due to easements) Bluebird and Dove lanes. The curb and gutter machine with the full crew necessary to its operation' cannot be brought in and out of mny area to do one segment at a time. Last year this crew was stopped at least 4 times because of a lack of grade, which should have been provided by the engineering company. This years increased costs have made this kind of delay prohibitive. Labor, fuel and equipment costs have all increased and we can no longer allow these delays caused by others to affect our operations as they have in the past. Our enclosed work schedule will indicate that curb and gutter operations will begin on May 14, 1979. 13o ? William McC~A~lbs, P.E. _May 10, 19~ Wage 2 Numerous plan changes, extra sub-cdt work in Tonkawood (resulting in about six weeks delay), grade and inspection delays and indecision on the part of inspectors, delays in survey and staking, unmarked and poorly marked utilities have all been causes beyond our control. I would estimate that at least 1/2 of this project has been delayed to some degree~ due to the above listed reasons. The Island Park area was heavily a[fected by them. We as the contractor have been forced to bear the cost. I am sure you will agree that Thomas and Sons Construction is as eager to see this project completed as are the Citizens of Mound. We, too, are hoping for cooperation and coordination this year. And, of course, we do intend to complete this project ourselves as We have all others in the past. Mr. Bill Priebe will be in charge of all remaining work. He is aware of all of the clean-up anS..repair items as well as all other. items to be completed on this project. We are certain that you will find Bill to be knowledgeable and cooperative. However, he cannot be ekpected to make unreasonable repairs which were not in any way the result of any negligence on the part of this contractor. We still feel that some of these items must be negotiated. We also feel that all of the added cost brought about by delays beyond our control must also be negotiated. We look forward to a final product that will be completely satisfying to all involved. '- Yours truly, Steven J. -Thomas, President Thomas & Sons Construction, Inc. SJT:CT cc: Leonard Kopp, City of Mound Ted Bray, Bray Agency__ Tom Rooney, Attorney Universal Surety Company Inland Insurance Company INA Reinsurance Company North American Reinsurance Corporation ENC. THOMAS A~ND SONS CONSTRUCTION, ~NC. 419 3rd~ St. S.E. Osseo~ Mn. 55369 WORK SCHEDULE FOR COMPLETION OF 1978 STREET IMP~OVEMF~NT, MOUND, M2~... The problems of which we were first notified in Beachwood have been taken care of. Clean-up in Tonkawood is nearing completion. Island Park will be next for clean-up. Curb and gutter in Three points wil begin May 14th, 1979 and is scheduled for completion by May 25 with backfilling of curb and grading following. Blacktop is scheduled between May 29th and June 8, 1979. Project including clean-up is scheduled for completion by July 16, 1979. (all above operations scheduled can be affected by weather and other conditions out of our control which delay our operations) May ll, 1979 Leonard Kopp Mound City Manager 5341Maywood!Road Mound, MN 55364 ATTORNEY AT I.AW 1503 WASHINGTON AVENUE SOUTH .{~ ~ MINNEAPOLIS. MINNESOTA 55454 612/333-54~ 9 Re: Lund Property on Lamberton Road Dear Mr. Kopp: There have been two Pre-Trial Conferences at the Wayzata Municipal Court in regard to the formal complaint issued against Mr. Lund. The second Pre-Trial Conference took place on May 8th. The purpose of a second Pre-Trial Conference was to have Hank meet with Mr. Lund. Mr. Lund's public defender assured me that Mr.'Lund would be willing to work with Hank in removing the items that were in violation of the City Ordinance. It is my understanding that the meeting was not successfuly, and Mr. Lund's attorney requested a Jury Trial. It has been scheduled for June 14th at 8:30 a.m. Since the formal complaint was issued, I have been informed that Mr. Lund is not the fee owner of the property. Mr. Gilmore and his ex-wife are the fee owners according to information supplied by Hank and Paul MacRoberts. Mr. MacRoberts is the attorney representing the Gilmores in regard to the property. According to Mr. MacRoberts, he has been attempting to sell the property for a number of months. A purchase agreeement was nearly entired into recently. However, the perspective buyers were concerned about Mr. Lund's professed interest in the property and questioned whether Mr. Lund would pursue legal action in order to protect his professed interest. Mr. MacRoberst has informed me that he will most likely have to start eviction proceeding(~ and have Mr. Lund removed from the May llth letter to Leona pp, page 2 premises, before he can attract any other interested buyers. I ant concerned about how actively Mr. MacRoberts will pursue this course of action. If Mr. Lund is found quilty of the charges against him, I'm sure a Judge would suspend part of the fine and Jail time on condition that he clean up the area within a specified time. My experience with Mr. Lund is that he would rather spend time in jail then clean up his property. I would certainly attempt to convince the Judge that the City of Mound be granted the opportunity to clean up the prperty if Mr. Lund refused, and that mr. Lund be ordered to re-imburse the City for the expense. I have always thought that condemnation was the better approach to employ in this matter (see my letter of December 20, 1978). Mr. MqcRoberts informs me that he has power of attorney in reference to the property. Service upon him of the condemnation proceedings would then be effective. If the council will be discussing the Lund property on Tuesday evening, I will attend to make myself available for any--questions they may have. Please advise. Very truly yours, ....... Timothy L. Piepkorn TLP/ef cc: Chief Johnson Hank STATE OF MIN~;ESOTA COUNTY OF HENNEPIN Robert D. Udell and Cleo L. Udell, husband and wife, Plaintiffs, vs. The City of Mound, a municipal corporation, Defendant. FOURTH.jUDICIAL DISTRICT S U MMO N S THE STATE OF Mi~NESOTA TO THE ABOVE NAMED DEFENDANT: YOU. A_RE HEREBY SU~SMONED and required to serve upon plaintiffs'~_attorney an Answer to the Complaint herewith served upon-you, within twenty (20) days after service of this Sununons -upon you, exclusive of the day of service. If you fail to do so judqment by default will be' taken against you for the relief damanded in the Complaint. , 1979. BY ALL~ T. QUELLO Attorney for Plaintiffs 401 East Lake Street ~ayzata, Minnesota 55391 473-7326 STATE OF M_INNESOTA DISTRICT: COUR~ COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRI~ ...... COMP~INT Come now the plaintiffs, and for their Complaint against :~' the defendant in the a~ve entitled matter, state, and allege:.r. Robert D. Udell and Cleo L. Udell, husband-and wife, Plaintiffs, vs.. The City of Mound, a municipal corporation, Defendanh. ":~<?-'::' .i>."""That'at ail times herein, the. plaintiff~ are the '..'Of theJ following' described property: "'Lot 1, Wilbur K Palm Addition, Hennepin County, ~In. ~ :- ~- That a copy of-the plat of 'survey of said property is attached ~ hereto and made a Dart hereof as Exhibit "A" : "~'- II. ~ · That title to said property is recorded in Torrens Certi- ficate No. 533892, Office of the Registrar of Titles, ~ennepin' County, ~nnesota and that the 'following memorial appears of ' record-in deed document no. 224150 on said Certificate:.. "Subject to th~ restriction that the property shall not be used for commercial purposes." .~.~ That a copy of said deed document is attached hereto and made" a part hereof as Exhibit "B". · iii. .--. -'-~ That the de~endant City of Moun~, a municipal corpora- tion, has maintained and'continues to maintain boat docks upon a portion of the plaintiffs' property which is described herein- above. That said docks are leased constitute commercial use of the property herein by the defendan 1323 City in violation, of the restriction as well as a trespass upon the property of the plaintiffs. That the defendant City has usurped the use of a part of the plaintiffs' property for its own purposes and the use of others without the consent of the plaintiffs .... That by reason of the aboVe, the plaintiffs have been .... ?.... deprived of the use of their prOperty and have suffered a diminution in the val~e of said property fn 'the sum of Twenty~.. -' WHEREFORE, the plaintiffs pray for. an Order of ~e''-;~ ~,~}}'.:~'~':}.i..urt directing the defendant to remove the docks, and appurtenanceaf"::.:.. it maintains upon 'the 'pro~ekty of ~h~ plaintiffs for ~on~.erciaI. Purposes, and for damages against the defendant in .the sum of Twenty Thousand ($20,000~00) Dollars. DATED: BY ALk~N T. QUELLO Attorney for Plaintiffs 401 East Lake Street Wayzata, Minnesota 55391 473-7326 Il* ' ' ' ~ ......~' ......... Z ........................................... · ........................ ................. · ................................................... ~ ............ , ................................................... .... ' .- , ., · . j ,'. .. ~ -(: .. , . ~ ' . , ........ ~ ..... ~i'~B'~F"'k :'"~Y2'"'~'~'"2~i"~'~'"'E'T'"~'~'~'~'T'"~u~u'a'~''''a'~'a'~l~'e' ...... ' ........... : .......... .~: .... · ~,',-,n d part. . . . ~litnc~ctl~ fI'/ttt~ thc .~ttid p~,.t~ o~ th~ /;,'.~/~,r/. i:, cn,.~'hl..t',t/i,., ,/ //,~ ........... 9ne ~o.~.~.~...~n.~...o.~B~... ~0.o.~....~..,y,~uabl e. ~ n si.der.at ion ........... /. il i. h,.td l,.ht b~ Iht, said. 1,a~'ti~s ./th~ ~con~ p.~'~, tlte~ reCCil,l .'/,crt'o/i.~ /*~ cclff; · /,.'rch/, f;,'.ti, t. Yffn~'~abt-. 3'e~Z and Cont'cff ~zt~to lJ~e said/,.~'Hc8 o/I/...~v..c.,~d Fa,,I .., ,.i,.,,.. /.',,?,..-,.. ,11 ti, t, h.,;;~ ......... o,' pa,'ccl ......... o/ la.,~ .luih~ ,,,t bci,f i, il,: f'~,,,,/// ~o ~e pZa~ ~e~eo~ on ~Ze an~ o~ ~eeo~d ~n ~be Oou~y o~ ~ennep~n an~ ~ate o~ · Subject to the restriction not be used for commercial that' the prpperty shall purpo s e s. Subject to eaSementm~nd restr$ctions, tf any, off reeo~ sna the restrlct$on recited above. ....... ~es~nts-to ~ ~cutcd ~n its e'o~7,,.,'-/,. ~,t,,~,, i,.:/ ...................... ~ ........ Pr~itlet~b altd it8 ............. ~c~e.~ ....... ated il.. .rl~,t',tte sea ~o Exhibit A _ leaBwe of minnesota May 10, 1979 TO: All Member Officials (c/o Mayor, and Manager or Clerk) SUBJECT: 1979'Nominations for Officers and Directors This is a request for your advice in proposing candidates for Officers and Directors of the League. At the 1979 annual meeting, June 14th in Bloomington, we as members of the League will elect a President, Vice President and four Directors for three- year terms. The assignment of the Nominating Committee is to propose candidates for those offices. This year the Nominating Committee will work with Guidelines for Board Representation, which were developed as a result of the deliberations of past nominating committees° Those guidelines appear on the reverse side of this letter. We will also work with the enclosed map, which shows the location of cities that will continue to be represented on the Board after the June 1979 election. Taken together, these two documents indicate that the League in 1979 will need to add Board members from North- eastern and Southeastern areas if we are to continue to maintain a geographic balance on the Board. The Nominating Committee is planning to hold its first meeting the fourth or fifth week of May and it would be helpful to have your input by May 25° If you know an official who could be considered for nomination, please give his or her name and a brief resume' of-qualifications to the League Staff Associate or myself. This communication can be as informal as you wish; a phone call is al! that is needed° Our goal is to make sure that any good candidate is considered. Whether or not to let an individual know that you are submitting his or her.name is, of course, up to you, but it should be with the understanding that as with any group not every good candidate is nominated. In any event, the Nominating Committee itself makes it a practice to confirm the fact that an individual is willing to serve before presenting his or her name to the annual meeting° The Nominating Committee will also plan to meet with potential Board members and to distribute any proposed slate prior to the election. On behalf of the Nominating Committee, I want to thank you in advance for your help and to assure you that all suggestions will be seriously considered. Council Member, St. Paul 1979 Nominating Committee Chairman (OVER) DH/star hanover building, 480 oedar street, saint paul, minnesota 55101 (81 2) 222-2881 o GUIDELINES FOR BOARD REPRESENTATION Geographic and population size representation. There has been a conscious effort to see that different parts of "the state are represented on the Board, as well as the different sizes of cities that are among the League's constituency. Twin Cities area/Outstate balance. While there are no specific seats on the Board reserved for Twin Cities area or Outstate members, it has been a consistent practice to maintain a rough balance of Board members from these areas. Elected/appointed balance° Traditionally both elected and appointed municipal officials have participated in all aspects of the League activities, including membership in the Board of Directors. Although no specific number of seats on the Board are reserved for elected as distinct from appointed officials, it has been a consistent practice to have a majority of the Board composed of elected officials. Furthermore, there has been some effort to provide an opportunity for a variety of appointed officials (e.go, clerks, city managers. attorneys, assessors, etc.) to serve on the Board. Rotation of membership. In view of the fact that the League has more than 750 member cities,.any individual who serves a full term on the Board is not normally considered for another Board term. However, persons with Board experience are often considered as potential officers. /31 ' D~I~RIBUTiON OF BOARD MEMBERS- 10 President: Vice President: Bi a. ck, ~utchinson Terms Exp. iring 1979' [-~re~.s, St.' C16ud 2. Anderson, Owatonna · 2. Johnson B, Eveleth- ' 4. Selleck, Pine City ' Terms' Expiring 1980. ., 5. Stern, St. Louis Park 6. Dziedzic, Mpls. 7. I_ange, Robbinsdale . ' 8. Nunn, Champlin Terms Exp4. 'ri n~_~198! ': .. _a.l,.u~ , ~,. .au] 10, Johnson 0., Me'ndota H~s. Il. Elam, Wabasso, Sanborn, Walnut Grove, Lucan, Milroy 12. Thor'~'innson, Red Lake. Falls Ex Offi ci o Di rec i:ors r a~,~. ?;-.es ident* ~. H .... ~ St Paul ,Nominee for President~. of A.H.M. J317