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79-08-14 CITY OF MOUND Mound~ Minnesota AGENDA CM 79-29] CM 79-2S7 CM 79-284 CM 79-~91 (~4 79-286 C?~ 79-285 C)~ 79-289 CM 79-290 Mound City Council August 14, 1979 City Hall 7:30 P.M. 2o 6. 7. 8. 9. 10. 11. 12. Public Hearings Pg, 2315 A. Cumberland Road - Water, Sewer & Street B. Vacation of Alley - Block 2, Shirley Hills Unit F C. Vacation of Drainage Easement over Lots 7,8~9 & 10~ Block 1, Shirley Hills Unit C Planning Commission Minutes-Parking Variance (Continued from 7-24-79) (Refer Pg. 2062-2067) Pg. 2312-2314 Planning Commission Minutes Pg? 2273-2311 A. Special Use Permit - Lot 30, Aud. Subd. 167 B. Subdivision of Land - Lot A, Shirley Hills Unit D C. Lot Size Variance-S. 65 Ft. of Lots 4-6~ Block 11, The Highlands D. Sign Variance - National Thrift Store Building E. Subdivision Of Land - Lots 25-27,Block 4,L.P.Creviers Subd. of Lot 36 F. Subdivision of Land Appeal - Lots 7,8 & 9, Block 8, Pembroke G. Variance - Nonconforming Use - Lot A, 1st Rearr. of Phelps I,P.lst Div. H. Street Front Variance Appeal - Lots 7 & 8, Block 27, Wychwood I. Special Use Permit - Part of Lot 26~ Lafayette Park J. Variance Nonconforming Use - Lot 7~ Block 7, Shadywood Point K. Vacation - Essex Lane, Cumberland to Manchester Street Construction A. Special Assessments - 1978 Projects (Will be out Monday) Pg. 2272 B. Other Commenms and Suggestions by Citizens Present (2 Minute Limit) Housing and Redevelopment Authority - Appointment pg. 2270-2271 Police Patrolman's PFRA Pg. 2267-2269 Labor Agreement - Sergeants Pg. 2253-2266 Acting City Manager Pg. 2252 Payment of Bills Information Memorandums/Misc. Pg. 2231-2251 Committee Reports Page 2315 CITY OF.'MOUND Mound,-Minnesota August 14, 1979 COUNCIL MEMORANDUM NO. 79-296 SUBJECT: Investigative Officer & Juvenile Officer Positions In the past, the Police Department has had the positions of Juvenile Officer and Investigation Officer as job assignments. It is recommended the job assignments be changed to position assignments to which an officer will be appointed after a testing procedure has been completed. Until that testing occurs, Officer Bostrom will be assigned as Juvenile Officer and the Investigation Officer will remain unfilled. The following resolution is recommended: RESOLUTION ESTABLISHING THE POSITION OF JUVENILE OFFICER AND INVESTIGATION OFFICER AND PROVIDING FOR A TESTING PRO- CEDURE WHEREAS, it is deemed necessary to establish the position assignments of Juvenile Officer and Investigation Officer within the Police Department and that the positions are to be filled by regular sworn officers, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MINNESOTA: That the position assignments of Juvenile Officer and Investi- gation Officer are hereby established. BE IT FURTHER RESOLVED: That the Administration bring to the Council for approval Position descriptions for each of the positions, complete with the quali- fications and standards for the positions. ~eonard L. Kopp -l~TT~S-79 CITY OF ~IOUND Mound, Minnesota August 14, 1979 COUNCIL MEMORANDUM NO. 79-295 SUBJECT: Change Order No. 2 - 1979 Street Construction The Council ordered the construction of Inverness Road and the installation of sewer. This can be placed on .the 1979 contract by authorizing a change order for $28,547.25. It is recommended that the change order be approved. ~-~Leo~ard L. Kopp ITEM Common Excavation Concrete Curb & Gutter (S-12) Concrete Driveway Aprons MHD 2331 Base MHD 2341 Wear Turf Establishment (Black dirt and sod) Turf Establishment (Black dirt and seed) Curb Stop Adjustment Curb Stop Relocation Water Service Groups 3/4" Copper Service Pipe Clearing & Grubbing Trees SUB-TOTAL Sanitary. Sewer 8" Sewer Pipe ]0 - 12' Depth 12 - 14' Depth 8" x 6" Wyes Sewer Service 12' or less 1979 STREET IMPROVEMENTS INVERNESS LANE FROM HAMPTON TO CUMBERLAND Change Order No. 2 Mound, Minnesota QUANTITY 160 C.Y. 750 L.F. 570 S.F. 260 TON 110 TON 300 S.Y. 500 S.Y. 2 EACH 3 EACH 5 EACH 185 L.F. 15 EACH 320 L.F. 10 L.F. 9 EACH 220 L.F. RATE $3.80/CY 5.67/LF 2.15/SF 17.10/TN 18.85/TN 1.50/SY 0.58/SY 80.00/EA 330.00/EA 88.00/EA 6.60/LF. 97.85/EA 20.15/LF 21.45/LF 38.50/EA 0.35/LF TOTAL 608.00 4,252.50 1,225.50 4,446.00 2,073.50 450.00 290.00 160.00 990.00 440.00 1,221.00 1,467.75 $17,624.25 6,448.00 214.50 346.50 2,057.00 ~979 Street Improve~nts Change Order No. 2 ~ Page Two ITEM Manholes Manhole, Extra Depth Crushed Rock Pipe Stabilizer SUB-TOTAL Total Change Order No. 2 QUANTITY RATE TOTAL 1 EACH $935.00/EA $ 935..00 4.3 L.F. 61.00/LF 262.30 100 TON 6.60/TN 660.00 $10,923.30 $28,547.55 Original Contract Amount Change Order No. 1 Change Order No. 2 $2,236,517.65 3,172.00 28,547.55 Revised Contract Amount ........... $2,268,237.20 APP~VED: HARDRIVES, INC. Date: ~c? c; APPROVED: RECOMMENDED: McCOMB-~KN~UTS~N A~SS~ Da re: INC. CITY OF MOUND, Mayor City Manager Date: CITY OF MOUND Mound, Minnesota August 14, 1979 COUNCIL MEMORANDUM NO. 79-294 SUBJECT: Addendum to Council Memorandum 79-291 Special Assessments - 1978 Projects Attached are copies of the assessment rolls for the following 1978 projects: Bartlett Boulevard Storm Sewer CBD Parking Maintenance - 1978 Sidewalk Replacement Tuxedo Road (Based on Typical Road) Total Amount $ 9,947.80 Total Amount 11,098.92 Total Amount 22,997.22 Amount 78,604.00 The Engineer will have the assessment rolls on the following 1978 projects for distribution at the August 14th Council meeting: Tonkawood - Combined East and West Langdon Lane Three Points Beachwood Island Park CITY OF MOUND Mound, Minnesota August 13, 1979 COUNCIL MEMORANDUM NO. 79-293 SUBJECT: Industrial Revenue Bonds Orville Huseby has requested that Industrial Revenue Bonds be approved for Ms. Dee's, Inc. A resolution is being sent out bymessenge~'fron the Attorney's office in Minneapolis; if this recommended resolution is not with this memorandum, it will be a Tuesday's Council meeting. ~---L~ard L. Kopp ~ ~333 Extract of Minutes of Meeting of the City Council of the City of Mound, Minnesota Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Minnesota, was duly held at City Hall in said City on Tuesday, the 14th day of August, 1979, at o'clock .M. The following members were present: and the following were absent: Councilman introduced and read in full the following written resolution and moved its adoption: RESOLUTION CALLING FOR PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES, SECTION 474.01, SUBD. 7b The motion for the adoption of the foregoing resolution was duly seconded by Councilman , and upon vote being taken thereon the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. RESOLUTION CALLING FOR PUBLIC HEARING PURSUANT TO MINNESOTA STATUTES, SECTION 474.01, SUBD. 7b WHEREAS, a proposal has been made to this Council by Orville H. Huseby and Deanne L. Huseby (the "Borrowers"), to under- take a project (the "Project") pursuant to the Minnesota Municipal Industrial Development Act, Minnesota Statutes, Chapter 474 (the "Act"); and WHEREAS, the Project consists of the acquisition of land in the City and the construction thereon of a building to be used as an office and warehouse facility, to be owned by the Borrowers and leased to Ms. ~ee, Inc., a Minnesota corporation (the "Company"); and 9~ WHEREAS, Section 474.01, Subd. 7b, of the Act requires this Council to conduct a public hearing on said proposal and to publish notice of said public hearing not less than 15 days nor more than 30 days prior to the date fixed for the hearing; and WHEREAS, the Borrowers will deliver to this Council a draft copy of a proposed application to the Minnesota Commissioner of Securities, together with all attachments and exhibits thereto, and said application, attachments and exhibits will be placed on file with the City Clerk upon publication of said notice; NOW, THEREFORE, BE IT RESOLVED that: 1. A public hearing shall be conducted by this Council on the proposal to undertake and finance the Project on September 1979, at the City Hall, at which hearing all parties who appear shall be given an opportunity to express their views with respect to said proposal; and 2. Notice of the time and place of hearing, and stating the general nature of the Project and an estimate of the principal amount of bonds or other obligations to be issued to finance the Project shall be published at least once not less than 15 days nor more than 30 days prior to the date fixed for the hearing, in the official newspaper and a newspaper of general circulation of the City. The notice shall state that a draft copy of the proposed application to the Minnesota Commissioner of Securities, together with all attachments and exhibits thereto, shall be available for public inspection following the publication of such notice and shall specify the place and times where and when it will be so available. Approved Mayor Attest City Clerk STATE OF MINNESOTA COUNTY OF HENNEPIN ss. I, the undersigned, being the duly qualified and acting City Clerk of the City of Mound, Minnesota, do hereby certify that the attached extract of minutes of a regular meeting of the City Council of said City held August 14, 1979, is a full, true and correct transcript therefrom insofar as the same relates to an industrial development project to be undertaken pursuant to Chapter 474, Minnesota Statutes, by the City and Orville H. Huseby and Deanne L. Huseby. WITNESS My hand and seal officially as said City Clerk this __ day of , 19__. (Seal) City Clerk NOTICE OF PUBLIC HEARING ON INDUSTRIAL DEVELOPMENT PROJECT ON BEHALF OF ORVILLE H. HUSEBY AND DEANNE L. HUSEBY NOTICE IS HEREBY GIVEN that a public hearing shall be conducted by the City Council of the City of Mound, Minnesota on an industrial development project proposed to be undertaken by the City, Orville H. Huseby and Deanne L. Huseby, as owners, and Ms. Bee Inc., as lessee, at the City Hall in said City on Tuesday, the 4th day of September, 1979, at o'clock P.M. The project is proposed to consist generally of the acquisition of land in the City and the construction thereon of a building to be used as an office and warehouse facility, and the acquisition and instal- lation of equipment therefor, together with any required site improvements. Under the proposal, up to $325,000 in principal amount of Industrial Development Revenue Bond of the City will be issued to finance the Project. A draft copy of the proposed application to the Minnesota Commissioner of Securities for the project, together with all attachments and exhibits thereto, shall be available for public inspection following the publication of notice in the office of the City Clerk, Monday through Friday, except legal holidays, from o'clock A.M. to o'clock P.M. to and including the date of hearing. Dated , 1979. BY ORDER OF THE CITY COUNCIL /s/ City Clerk 8-14-79 CITY OF MOUND Mound, Minnesota August 13, 1979 COUNCIL MEMORANDUM NO. 79-292 SUBJECT: Diseased Tree Removal Program Attached is a copy of the Procedural Guides for a Diseased Tree Removal Program which has been received from the County. It is recommended that the Council approve the Procedural Guides. for the distribution of HUD Funds available for Diseased Tree Removal. ~ Lebnard L. Kopp ' · CITY OF MOUND Diseased Tree Removal Program Procedural Guides Section I. A. B. C. CONDITIONS GOVERNING ADMINISTRATION Amendments; Directives Federal and State Regulations Outreach and Public Information Section II. A. B. C. DEFINITIONS Shade Tree Disease Nuisance Declared Abatement 1 1 1 '1 Section III. A. APPLICANT SELECTION CRITERIA First Come, First Serve Basis Section IV. A. C. D. ELIGIBLE RECIPIENTS Ownership Household Gross Annual Income Household Adjusted Gross Income Asset Determination 2 2 2 4 5 Section V. ELIGIBLE PROPERTIES 6 Section VI. ELIGIBLE IMPROVEMENTS 6 Section Vii. A. B. C. D. E. F. G. GRANT APPLICATIONS Preparation of Grant Package Homeowner Application for Grant Income Verification Asset Information Title Verification Property Inspection Report Construction Bids 6 6 7 7 7 8 8 9 ii Section VIII. A. B. ACCEPTANCE PROCEDURES Review of Grant Packages Notification of Approval .10 10 10 Section IX. A. B. COMPLETION AND DISBURSEMENT PROCEDURES Completion Procedures Disbursement Procedures 10 10 11 Section X. GENERAL CONDITIONS RELATING TO GRANTS 11 iii I. CONDITIONS GOVERNING ADMINISTRATION A. Amendments: Directives These Procedural Guides may be amended or supplemented from time to time by the City by issuance of revised pages, which shall be effec- tive as of the date of issue, or such later date as the amendment shall specify. Administrative memoranda will also be issued from time to time which discuss policy interpretations, clarification of procedures and other administrative matters. B. Federal and State Regulations Nothing in these Procedural Guides shall be construed in such manner as to conflict with, alter, or amend any federal or state regulation applicable to the conduct of the City's affairs. C. Outreach and Public Information The City will be responsible for the promotion of the Grant Program at the local level. The City must exercise care in avoiding any advertising or outreach methods which may be deemed to systematically exclude potentially eligible applicants. Access to program materials may not be denied to any person for any reason. II. DEFINITIONS A. Shade Tree Disease Shade tree disease shall mean Dutch Elm disease caused by Ceratocystis ulmi, or oak wilt disease caused by ceratoystis fagacearum. B. Nuisance Declared The following things are public nuisances whenever they may be found within the City of MOUND, Any living or standing elm tree or part thereof infected to any degree with the Dutch Elmdisease fungus, Ceratocystis ulmi (Buisman) Mureau, or which harbors any of the elm bark beetles. Scolytus multistrialus (Fish.) or Hylurgopinus rufipes (Marsh.). 2. Any dead elm tree or part thereof, including logs, branches, stumps, firewood or other elm material from which the bark has not been removed and burned or sprayed with an effective elm bark beetle insecticide. 3. Any living or standing oak tree or part thereof infected to any degree with Oak Wilt disease fungus ceratocyrstris fagacearum. C. Abatement It is unlawful for any person to permit any public nuisance as defined above to remain on any premises owned by him within the City. Such nuisances shall be abated in the manner prescribed. III. APPLICANT SELECTION CRITERIA A. First Come, First Serve Basis The City has determined it will implement a first come, first serve basis for applicant selection. It is imperative that each inquiry and application be dated. This dating will be the only device available to the City for recording the priority ranking of the applicants. In applying a first come, first served process, the Grant Adminis- trator must adhere to the following guidelines: 1. The first cOme, first served process must be uniformly applied during the term of the program. 2. No eligible, applicant shall be rejected on the basis of judge- ments as to personal character or life-style. 3. Where no funds are available for assistance to eligible home- owners, the following procedure shall be used. a. Explain to the homeowner that funding for the current year has been either depleted or allocated. bo Make the homeowner aware of the other possibilities which include the state program by sending the homeowner a letter outlining other possible avenues of obtainino funds. IV. ELIGIBLE RECIPIENTS A. Ownership. 1. The recipients must individually or in the aggregate have at least: a. A life estate b. A one-third interest in the fee title A one-third interest as purchaser in a contract for deed, respect to the structure to be improved and must occupy such property as their principal place of residence. All individuals occupying the structure to be improved as their principal place of residence and having an ownership interest in such structure must join in the application. B. Household Gross Annual Income 1. Gross annual income includes: ao Any public assistance, including, but not limited to: Welfare, AFCD, SSI, and Unemploy~nent Compensation Salaries (including commissions, bonuses, overtime pay and tips) c. Interest and dividends d. Pensions and Annuities, including P.E.R.A. and Social Security e. Rental income, farm rental income f. Estate or Trust income g. Business Profit ~- for self-employed individuals, including farmers h. Gains for the sale of property i. Interest payments received from properties being sold on Contracts for Deed j. Partnership k. Miscellaneous income e e Gross annual income for persons having fixed incomes shall be based upon annualized weekly or monthly income as of application. For persons other than those on fixed incomes, annual income is the anticipated annual earnings of the applicant as of the date of application. Any income determination which results in a net LOSS of income must be considered as $0 income. That is, an income loss from one source may not be subtracted form a separate source of income for the purpose of determining total Household Gross Annual Income. e Any Educational Grants, including VA Benefits, which are paid directly to the individual must be included as income. Grants or scholarships which are paid directly to an educational institution are not included as income. e Gross annual income for a person who is only temporarily earnina $5,000 or less is to projected on what that person can reasonabiy be expected to earn when normal circumstances resume at a reason- ably certain date in the coming year. Anticipated annual income cannot be based on a temporary condition such as unemployment, if it is deemed to be of a short-term or non-recurring nature. Projected bonus and/or overtime will be determined by the Grant Administrator through contacting an employer. The amount may be based on prior years figures or average amounts awarded to other employees with the same status. The most recent IRS tax return may also be used for these purposes. 7. Self-employed persons may be asked to submit IRS tax returns for the previous two years. The Grant Administrator may determine gross annual income by'averaging the income of the last two years. Normal out-of-pocket business, such as office rent, telephone, etc. are generally deductible items. Property or equipment depre- ciation is not deductible. 8. Income from rental properties, including rents form the property to be improved, shall be included in Gress Income. Expenses k- allowable for deduction for rental purposes include mortgage interest payments, utilities, taxes, insurance, and maintenance. In no event shall such deductions exceed gross rental income. 3 C. Household Adjusted Gross Income Recipients must have an annual Adjusted Gross Income not in excess of $5,000 (as calculated in the Homeowner Application for Grant, Income Formula Section). Adjusted Gross Income is defined as the gross annual income, from all sources before taxes or withholding, of all members of the family living in a housing unit (including individual non- related adults), after subtracting the DEDUCTIONS from the Household Gross Annual Income. Include all persons living inthe housing unit for at least nine (9) months of the year and who do not pay rent or who are claimed as dependents for federal income tax purposes. 2. Standard Deductions a. First adult resident (18 years or older) · b. Second adult resident (18 years or older) c. All additional residents, any age, except foster children (X number of additional residents) $750.00 750.00 500.00 3. Special Deductions Note: No deduction may be taken under this section unless the income is included in Household Gross Annual Income. a. The income of adult income recipients (18 years maximum of or older) other than primary income recipient. $750 each b. The amount of child care expenses .(defined as maximum of those expenses eligible under U.S. Internal $750 each Revenue Service tax regulations). Child care deductions can only be claimed if each parent is working away from home at least half time. Deductions may be claimed if care is provided through any of these sources: 1. a licensed day care sitter 2. a baby sitter in the home (not related) 3. a relative (with a bonified arrangement) Verification of such expenses, in the form of receipts, can- celled checks, etc., must accompany the Application. Co The income of any resident (except the primary income recip- ient) who is under 18 or a full-time student and who is related by blood, adoption, or marriage to a resident income recipient or his/her spouse. NOTE: Income received by the parents on behalf of minor children is not deductible. This includes, but is not limited to, Social Security Survivor Benefits, child support payments and AFDC. do the entire amount received by the household for foster care. Such income is that received under the direction of any public g? or private, non-profit child placing agency, or the courts for~/~/_~_ 4 eo fo the care and maintenance of individuals which, were placed in the household by such an agency. Verification of such placement must accompany the Application. an amount equal to the total of those medical and other expenses which the Grant Administrator determines to be extraordinary. SUCH EXPENSES MUST BE VERIFIED AND APPROVED BY THE GRANT ADMINIS- TRATOR PRIOR TO THE ACCEPTANCE OF THE APPLICATION BY THE CITY. an amount equal to that anticipated income which is'deemed by the Grant Administrator to be a non-recurring nature. Items for inclusion under this category may include: cash sale of property, receipt of one-time survivor benefits, sale of stocks, ect. EXAMPLE OF HOUSEHOLD ADJUSTED GROSS INCOME Gross Income Head of Household earnings Spouse's income Income of daughter, age 17 Interest from savings Total Gross Income Deductions First adult resident Second adult resident Daughter, age 17 Income of spouse, up to 750.00 Income of daughter Total Deductions HOUSEHOLD ADJUSTED GROSS INCOME $6,000.00. 1,600.00 800.00 60.00 $8,460.00 $ 750.00 750.00 500.00 750.00 8O0.OO $3,550.00 $8,460.00 -3,550.00 $4,910.00 D. Asset Determination "Gross assets" for purposes of the Grant Program shall be defined as the current market value of an item listed minus existing' indebt- ness on that item. For purposes of the Grant Program, assets shall include the following items: a. Cash on hand or in checking accounts. b. Cash in savings accounts, including accounts held in trust. c. The cash value of life insurance policies. d. The cash value of securities or U.S. Savings Bonds. e. The current market value of all interests in real estate, exculsive of the structure to be improved and a parcel of real property of not more than 5 acres on which the struc- ture is located. Included in this determination is any land in which any resident of the household holds title and is selling on Contract for Deed. The value of Contract for Deed property shall be defined as 100% of the outstanding balance on the contract. fo All other property, exclusive of household furnishings,' clothing and one vechicle. This section includes but is not limited to: farm equipment, boats, snowmobiles, motorcycles, bu~in~ m~hin~y, bu~in~ inwntory, farm stock and addi- tional vehicles. e Recipient's Asset Limit: The gross assets of the Recipient, excluding the residential property to be improved, shall not exceed $25,000 (as calculated in the Homeowner Application for Grant). V. ELIGIBLE PROPERTIES Grant Funds shall be used to enable Recipients to remove trees from pro-. perties which meet the following criteria: A. The property to be improved must not be in violation of applicable zoning ordinances. Be The property must be located within the City, must be used primarily for residential purposes, and must contain no more than two dwelling units, one of them owner-occupied. C. Grant Funds must be used to finance only removal of diseased trees. D. The property cannot exceed 5 acres in size. VI. ELIGIBLE IMPROVEMENTS Ae No Grant Funds shall be used in whole or in part for the purpose of refinancing or paying off an existing indebtness. All such funds must be used to finance tree removal begun after application for such funds. No tree removals are eligible for grant funding if begun' before authorization is received from the City. B. Grant Funds are available to a property owner up to a maximum of $1,o00.0o. VII. GRANT APPLICATIONS A. Preparation of Grant Package The Grant Administrator shall be responsible for the thorough and accurate completion of all program documents, as listed below: 1. Homeowner Application for Grant 2. Inspection Report 3. Income Verification 4. Property Tax Statement 5. Contractor bids for tree removal 6. Completion Certificate The Grant Administrator must assist the Applicant with the prepara- tion of the Grant Package, upon request., in certain situations. Such assistance shall include a personal visit by the Grant Adminis- trator to the home of the Applicant, or to any other reasonable location which is accessible to the Applicant. Assistance will also be given, when needed, to complete necessary tasks required to com- plete the Grant Package, i.e. soliciting bids. In certain extreme cases, the Grant Administrator may be required to complete all necessary forms and tasks needed fo~' the Grant Package. This would include contacting contractors and obtaining bids from the same, as well as completing the other forms as out- lined above. Only in cases where the homeowner is unable to handle their own affairs, when dealing with the Grant Program, should this service be rendered. B. Homeowner Application for Grant. This application shall be completed in full and signed by the Applicant. The Homeowner Application fop Grant provides: 1. Household Information 2. Income Information 3. Asset Information 4. Income Formula 5. Title Verification C. Income Verification All sources of income listed on the Homeowner Application for grant must be verified by the Grant Administrator EVIDENCE OF SUCH VERIFI- CATION MUST BE INCLUDED IN THE GRANT PACKAGE. The following is a list of acceptable forms to income verification evidence: 1. Written verification form employers or other income providers 2. Copies of current checks or check stubs. 3. Written statements by the Grant Administrator that the documents verifying the income have been reviewed. Such statements must include a statement of the actual document viewed, the date of the document viewed and the full name of the individual who viewed the document. 4. IRS forms on, in the case of self-employed individuals (see Section VI). 5. Statements of deposit from bank. 6. Copies of deposit slips indicating the deposits of a particular check. 7. Income derived from rent must be verified by the renter in writing or by examining copies of checks or rent receipts. The date of the document used in verifying income may not be more than 90 days previous to the date of application. D. Asset Information Refer to the Eligible Recipients section of these Procedural Guides to determine the Applicant's assets. E. Title Verification 1. Include a copy of the most recent property tax statement with Grant Application. 2. The Grant Administrator must obtain the following information from the Register of Deeds regarding each property: a. the full names of all owners of record, including first name, last name, middle name or initial and any additional names which may appear in the records, such as maiden names. b. a determination of the system under which the property is recorded -- either Torrens or Abstract. o Upon obtaining this information, the Grant Administrator must determine that the applicants individuality or in the aggregate have qualifying interest in the property consisting of at least: a. a valid life estate. Such life estate must be recorded and must appear in the records of the County; or b. a 1/3 interest in the fee title. Such interest may be sub- ject to a mortgage; or c. a 1/3 interest as a purchaser in a contract for deed with respect to the structure being improved. In addition, the applicants must occupy the property as their principal place of residence. To consider a property as one's .pripc~pal place of residence, an individual must: a. reside in the property at the time of application (except where extraordinary circumstances have made the property temporarily uninhabitable). b. occupy the property for at least 9 months of the year. o For the purpose.of complying with ownership requirements, the recipient may aggregate his interest in such property with the ownership interest of other individuals occupying the property as their principal place of residence. Ge All individuals occupying the structure to be improved as their principal place of residence and having an ownership interest in such structure must join the application. F. Prop~..rtS Inspection Report 1. A copy of the initial inspection report must be included in the Grant Package. 2. The inspection report must be signed and dated by the inspector performing the inspection. The City shall inspect the residence to determine whether inci- dents of infestation by Dutch Elm Fungus, elm bark beetles, or oak wilt spores exist. Upon finding conditions indicating Dutch Elm or Oak ~.!ilt infesta- tion, the City shall immediately take and send appropriate 8 specimens or samples to the Commissioner of Agriculture (Bureau of Plant Industry) State of Minnesota, for analysis, or take such other steps for diagnosis as may be recommended by the Com- missioner of Agriculture. No action to remove infected trees or wood shall be taken until positive diagnosis of the disease has been made. Notice to Abate Shade Tree Disease Nuisance. Whenever the City of MOUND finds with reasonable certainty that the infestation exists in any tree or wood, they shall notify the owner of the property of the infestation and direct that the infestation shall be abated after receipt of such notice. The notice shall be sent .by certified mail and shall state if such nuisance is not abated, the owner of the property, may be charged with a violation of the City ordinance for maintaining a nuisance and that the City may abate the nuisance and assess the costs thereof against the property. Ge Failure of Owner to Abate Nuisance. If the owner of the property fails to abate the nuisance in accordance with the City ordinance, the City shall proceed to have the nuisance abated, and any expense incurred by the City in so doing shall be charged and lien upon the property and shall be collected as a special assessment in the same manner as other special assessments. Abatement of Shade Tree Disease Nuisance. In abating the diseased tree, the infected tree shall be removed and burned or otherwise effectively treated so as to destroy and prevent as fully as pos- sible spread of the shade tree disease. Such abatement procedures shall be carried out in accordance with the current technical and expert methods and plans as may be designated by the Commissioner of Agriculture of the State of Minnesota. The City may establish specifications for tree removal and disposal methods. Transporting Certain Types of Wood Prohibited. It is unlawful for any person to transport within the City any bark bearing elm wood or wood infested by disease or insects without having obtained a permit from the City Administrator. G. Construction Bids Bids must be obtained form each contractor performing work on the residence. The City shall provide assistance to the homeowner in obtaining bids for tree removal. The City may devise such other bid and proposal forms or other forms which may aid the homeowner in obtaining adequate bids. The City may at its discretion require the submission of a specified number of bids from the applicant for the work to be done. VIII. ACCEPTANCE PROCEDURES A. Review of Grant Package~ 1. Application will be accepted as follows' Applicants must submit their request for a Grant on a City Grant Application form. It should be submitted to the City Hall. Grant Packages shall be submitted to the City contain- ing all of the documents listed in Section VII of these Pro- cedural Guides. b. The City will review the individual packages using the qualifications as outlined. The City may return unacceptable packages for correction and resubmission, or may hold them until the necessary informa- tion is provided after notification of same to homowner. The decision of the City will be final, however, appeals may be made in those cases where applicants believe they were not treated equitably. B. Notification of Approval The City will forward the following notification regarding Grant Packages which are determined to be acceptable and complete: 1. Each approved grant will be listed by last name of the Recipient and indicating the approved dollar amount of the grant. 2. Notification will be made in writing indicating the terms and conditions of the City's approval. Receipt of such notification will signify authorization for the immediate commencement of work on the propeFties represented by the specified grants. Such notification also authorizes the disburse- ment of funds to contractors upon successful completion of improvement work. No work may commence on any structure prior to approval being given by the City referring to that particular grant. IX. COMPLETION AND DISBURSEMENT PROCEDURES A. Completion Procedures No grant will be considered complete until the following steps have been accomplished: Inspection of the property - All removal work must be inspected for completeness, conformity to specification and quality of workmanship. The City must require completion or correction of any item found lacking. Failure of a contractor to comply with such a request for completion or correction of work may be con- sidered grounds for the City to withhold all or part of the payment due to the contractor. 10 Completion Certificate - Following the final inspection and successful completion of work, the Completion Certificate must be signed by the Recipient, the contractor who performed work on the property, and by the inspector of the property on behalf of the City. B. Disbursement Procedures No disbursement of funds shall be made until the City is in receipt of a properly executed Completion Certificate for the amount of the final grant and signed by the contractor who per- formed work on the property, the homeowner, and the inspector. e The City shall obtain a bill from each contractor. This bill may then be paid to the contractor using funds from the City's general revenue fund. 3. The City may then receive payment from Hennepin County for that amount by submitting to Hennepin County the following: a. A warrant request for the amount paid to the contractor. b. A copy of the contractor's bill. c. A copy of the City's check to the contractor. d. A copy of the Completion Certificate. XII. GENERAL CONDITIONS RELATING TO GRANTS The City shall have full responsibility for Program implementation including public information, reviewing and screening applicants, choosing recipients, and assuring that work will be satisfactorily completed. B. No application, processing, or other fees shall be charged to an applicant. 11 August 10, 1979 The Honorable Tim Lovaasen Mayor City of Mound 4657 Suffolk Road Mound, Minnesota 55364 Dear Mayor Lovaasen: It gives me great pleasure to announce that Mary Markse, Mound City Clerk, has been awarded the Minnesota Certified Municipal Clerk's (MCMC) title by the Municipal Clerks and Finance Officers Association of Minnesota. This award is given only after a thorough demonstration in the administration of the municipal clerks office. A recipient of the award must meet rigorous requirements in education and training, experience, and professional participation. This is a prestigious award, earned by less than 15 percent of our membership. It is, therefore, an honor deserving of the widest dissemination, and reflects very favorably upon the quality of personnel serving your city. We are proud to have Mary as a member of our association. Sincerely, MUNICIPAL CLERKS ~ FINANCE OFFICERS OF MINNESOTA CMC President, MCFOA jlk LAW OFFICES LE:FEVERE, LEFLER, PEARSON,O'BRIEN & DRAWZ I100 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 August 10, 1979 Hr. James W. O'Brien Wi lliams/O' Brien Associates 45 South Ninth Street Minneapolis, Minnesota 55402 TELEPHONE (612} 333- 0543 Re: Mound City Hall Dear Mr. O'Brien: Mr. Kopp has again called to my attention the severe difficulties with the skylight and the leaking roof at the Mound City ttall. It appears to me that over the years we have tried to work together to resolve this problem, and I thank you for your cooperation in this effort. It also appears to me that we have been unable to resolve this problem, and each time the roof is torn apart we have a different alleged cause for the problem. I would think that one last effort should be made to have this roof repaired by the roofing contractor and you, and if that is not successful, I would think the City should call in a third party to examine the work and get it repaired properly so that the City does not have to endure this problem. I would then think we would either have to negotiate those costs or I would recommend that the City initiate a lawsuit against all of the parties who might be responsible for the defective work. I sincerely hope that you - will be able to work with Mr. Kopp and the roofing contractor to resolve this problem so that it is not necessary to continue to expend time, energy and frustration which to date appear to be non-producti ve. Very truly yours, Curtis A. Pearson, City Attorney City of Mound. CAP: lh cc: Mr. Len Kopp CITY OF MOUND Mound, Minnesota August 9~ 1979 COUNCIL MEMORANDUM NO. 79-288 SUBJECT: Public Hearings - August 14th The following Public Hearings have been called for August 14th: I Cumberland Road - Water, Sewer & Street - was continued from August 7th. II Vacation of Alley in Block 2, Shirley Hills Unit F A. This was recommended by the Planning Commission. Others state as follows: B. Minnegasco - no objections. C. Continental Telephone - Our aerial facilities are attached to the existing NSP poles. If they receive an easment to allow their poles to remain, we will also acquire an ease- ment for our facilities. D. Northern States Power Company - Requires "a permanent ease- ment for facilities; both present and future to serve this area with Electric Service. E. Police and Public Works have no objections. It is recommended the alley be vacated and an easement for utili- ties be retained. III Vacation of Drainage Easement over Lots 7, 8~ 9 & 10, Block 1, Shirley Hills Unit C. Because of the storm drain system being installed in Emerald Drive~ there is no longer a need for a drainage easement for .street water on the subject lots. The Engineer has recommended the vacation of the drainage easement. '~L~on ar d L. Kopp ~f CITY OF MOUND Mound~ Minnesota August 8, 1979 COUNCIl, ~MORANDUM NO. 79-287 SUBJECT: Planning Commission Minutes - Parking Variance At the July 24th Council meeting, the Attorney was asked to draw a parking variance for Ms. Dees. The proposed resOlution is attached and will be on the August 14th agenda for consideration. L~onard L. Kopp ~005 RESOLUTION A RESOLUTION GP~ANTING A PARKING VARiAF~CE FOR A COMMERC_[AL USE IN BLOCK 2 SHIRLEY HILLS UNIT WHEREAS, Ms Dee Inc., located at 2361 WilShire Boulevard, ~..~ planning on constructing a new building with dimensions of 90 x ti0 for a total of 9,900 square feet, and WHEREAS, the provision of Section 23.30 Subd 1 Subsection (e) of the City Code requires 3 square feet of parking for each 1 square foot of store floor area and this would require 165 parking spaces, and WHEREAS, the owner of the proper~y contends that their i~tent is 'to use the property as a distribution center and assembling area for costume jewelry and they do not require the large number of parking spaces required by Section 23.30 Subd 1 Subsection (e) and that they would like to build the building and provide a reasonable amount of' parking and open space and green area which will be more aesthestically attractive to the community, and WHEREAS, the City Council is concerned that the property will be used for Coramercial uses which require more parking than -is proposed or is in effect able to be provided on the property and therefore the Council does not desire to grant a variance which provides less than the number of spaces required unless the owner agrees that all future uses will be submitted to this Council for review and/or the owner will conform to all existing parking requirements then required by the Zoning Ordinance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND: The request to construct a building of approximately 9,900 square feet is granted subject to the following conditions: (a) The owner will provide 26 parking spaces and a green landscaped area as set forth in Exhibit "A" attached hereto and made a part of this permit. (b) The uses permitted in the building shall be limited to assembling and distributing costume jewelry and necessary office and shipping space. Any and all other uses in this structure Or any expansion of the existing uses shall require an amendment to this permit. (c) The owner must agree that any other uses proposed for this building will be brought before this Council for review of the parking requirements and if the use requires, in the City Council's opinion, more than 26 spaces, the owner shall then provide the required number of spaces. If' the property cannot provide the parking deemed necessary the owner agrees that the use will not be permitted in the building. No parking areas on public streets shall be counted in meeting the require- ment of the Zoning Ordinance. (d) This variance covers the entire property and incorporates conditions existing in cnrrent outstanding Special Use Permits and in all City ordinances and is a variance only as 'to parking spaces. (e) Ail changes in use are to be referred to the Planning Commission for recon~endation and all Public Hearings required by the Ordinance shall be held. None of the uses on this property shall have any outside storage or display areas. This Variance shall not become effective until the current owner has signed a copy of this resolution agreeing to be bound by the conditions contained in paragraph 1 and 2 and he further agrees to provide any new owner with a copy of this resolution and ' agrees to inform any new purchaser of the special conditions which restrict the uses of this property. Agreed to by petitioner, Ms. Dee, Inc. 2361 Wilshire Blvd., Mound, MN 55364 Witness Witness Adopted by Council this dated dated dated day of · 1979 CITY OF MOUND Mound, Minnesota August 8, 1979 COUNCIL MEMORANDUM NO. 79-284 SUBJECT: Planning Commission Minutes Attached is a copy of the Planning Commission minutes. require Council action: Item The following items Special Use Permit Lot 30, Auditor's Subd. 167 - 2558 Commerce Boulevard Zoned Commercial The Planning Commission recommended a special use permit for Water Care, Inc. on the subject property. The Council should set a date for a public hearing. September 11 or 18th is suggested. 2o Subdivision of Land Lot A, Shirley Hills Unit D Zoned A-1 10,000 Square Feet The Planning Commission recommended approval of dividing the lot into two building sites; one - 15,126 square feet and the other - 18,296 square feet. The Administration concurs. Lot Size Variance South 65 feet of Lots 4, 5 and 6, Block 11, The Highlands Zoned A-1 10,000 Square Feet The land involved has 9,420 square feet. The Planning CommiSsion recommended approval of the 680 square foot variance. The Admini- stration concurs. The division of this property occurred in the late 1950's prior to the present ordinances. Sign Variance Lots 7-20 and 26-27, Block 1, Shirley Hills Unit F Zoned Commercial The Planning Commission recommended a size variance for a sign on the National Thrift Store building. The Administration concurs. Subdivision of Land Lots 25, 26 & 27, Block 4, L. P. Creviers Subd. of Lot 36, Lafayette Park Zoned Residential B 6,000 Square Feet for Single Family ~;elling Council Memoranda-284 - Page 2 Planning Commission Minutes The Planning Commission recommended dividing the lots: Parcel A - Lot 25 and the South 10 feet of Lot 26 = 6,000 Sq. Ft. Parcel B - Lot 27 and 'the North 40 feet of Lot 27 = 8,400 Sq. Ft. The Administration concurs. Appeal -- Subdivision bf L~nd Lots 7, 8 and 9, Block 8, Pembroke Zoned A-1 10,000 Square Feet The Planning Commission, on a 5 to 3 vote, voted to deny the subdivision of lots into two 9,000 square foot sites. Parcel A - Lot 9 and 1/2 of 8 = 9,000 square feet Parcel B - Lot 7 and 1/2 of 8 = 9,000 square feet The Administration'recommends approval. No extra land is available on one side. The owner on the other side does not wish to sell~ However, if he did sell a part, there would still be 3 sites in the lots involved. 7o Variance - Nonconforming Use and Waiver of Survey Lot A, 1st Rearrangement of Phelps Island Park First Division Zoned A-2 6,000 Square Feet The Planning Commission recommended the applicant be allowed to expand the existing house upward without changing existing setbacks. This will also require a waiver of the survey - none is furnished. The Council previously denied the waiver. o Possible Appeal - Street Front Setback Lots 7 and 8, Block 27, Wychwood Zoned Residential B The Planning Commission recommended denial (on close vote) of the street front variance to build a deck and install a privacy fence. Work was started without a building permit. Special Use Permit Part of ~ot 26, Lafayette park Zoned Commercial The Planning Commission recommended a Special Use Permit for a.building to store antique cars. The permit requires a public hearing - Septem- ber llth or 18th is recommended. 10. Reconsideration - Variance Nonconforming Use Lot 7, Block 7, Shadywood Point Zoned A-1 10,000 Square Feet This was brought to the Council for reconsideration and was returned to the Planning Commis~:~.on. The Planning Commission reconfirmed their ori- ginal recommendati(~ to authorize the requested variance. Council. Memorandum 79'-284 - Page 3 Planning Commission Minutes 10. Originally the Planning Commission voted 4-3 to authorize the variance. The City Council on May 8, 1979 continued the variance and asked that he try to acquire additional land. He could-not get the additional land, but the land owners on each side of the property approved in writing of his request. 11. Vacation - Essex Lane, Cumberland to Manchester The Planning Commission recommended this vacation. A public hearing is required. September llth or 18th is suggested. ~rd L. Kopp ~/ MINUTES OF THE MOUND ADVISORY PLANNING CO>~4ISSION b!EETING 'July 30, 1979 Present were: Chairman Russell Peterson[ Co ~mmissioners Gerald S~ith~ Margaret }lanson, }Iarriett Dewey, Gary Paulsen, George Stannard aud Lorraine Jackg~on; Com~cil Representative Gordon Swcnson; city Manager Leonard L. Kopp[ City In~;pec~ tor Henry Truelsen and Secretary Marge Stutsman. MINUTES The minutes of the July 9, 1979 Planning Commission meeting were presented for consideration. In paragraph, "Wetlands and Industria!"~ change word m.~ximizin~. tO ..... preserving wetlands. Jackson moved and Hanson seconded a motion to approve the minutes as revised. The vote was unanimously in favor. BOARD OF APPEALS 1. Special Use Permit for Water Care, Inc. Lot 30, Auditor's Subd~ 167 Robert B. Flemal present. Jackson moved and Dewey seconded a motion to grant Special Use Permit with the provision that if. structure be added onto or use changed .that the owne~ must have approval of the Planning Commission and City Council. The vote was all in favor except Stannard voted Nay. Reason: Opposed on basis that future parking may not be available for required parking for expanded size or use. Subdivision of Land Lot A, Shirley Hills Unit D Mr. Evans present. Hanson moved and Smith seconded a motion to approve the subdivision of land as requested with the notation that platting of Lot A is off of Lakewood Lane° The vote was unanimously in favor. Lot Size Variance South 65 feet of Lots 4, 5 and 6, Block 11, The Highlands Mrs. Nelson present. Smith moved and Jackson seconded a motion that lot size variance be granted. The vote was unanimously in favor. 4. Sign Variance for National Food Store Lots 7-20 & 26-35, Block 1, Shirley Hills Unit F Swenson moved and Jackson seconded a motion that sign variance as requested be granted. The vote was unanimously in favor. Discussed grand opening of store under new policy - No Frills. National requested permission for temporary signs and banners for a two week period. Swenson moved and Jackson seconded a motion to go along with temporary ~;igns including 2 sandwich type signs and banners for a two week period for the July 30, 1979 Planning Commission Minutcs grand opening; City to make Council aware of action. The vote was uhanimously in favor. Lg Commission's Subdivision of Land Lots 25, 26 & 27, Block 4, L.P. Creviers Subd. of Lot 36, Lafayette Park Rita Pederson present. Smith moved and Dewey seconded a motion to approve the subdivision of land as requested. The vote was unanimously in favor. Subdivision of Land Lots 7, 8 and 9, Block 8, Pembroke Edward Stettin present. Jackson moved and Swenson seconded a motion to approve the subdivisiou with stipulation ail setbacks be met. The vote was: Hanson, Dewey, Stannard, Paulsen and Smith-Nay; PetersOn,.Jackson and Swenson-Aye; Motion fails. Reason for nay votes: Lots too much undersized--what we're trying to avoid, like to see these 3 lots and neighboring 2 made into 3 conforming lots; do not feel applicant has exercized his options. Ayes: Did not want unused la~d and also new streets would have to be dug up for services to be put in later. 7o Non-conforming Use Variance Lot A, 1st R~arr. of Phelps Island Park First Division Daniel Tibbetts present. Smith moved and Hanson seconded a motion to recommend approval of variance as it is understood there will be no further encroachments. The vote was unanimously in favor. Jackson moved and Paulsen seconded a motion to recommend that survey be waived due to fact that we have survey on the north and there will be no fur- thur encroachments as building going upward only. The vote was unanimously in favor. Street Front Variance Lots 7 and 8, Block 27, Wychwood Ken Heimdal presented a letter from neighbor stating they approve.structure. Jackson moved and Paulsen seconded a motion to approve variance of entire request with the stipulation deck would not be enclosed with roof at any time. The vote was: Peterson, Dewey, Stannard and Swenson-Nay; Paulsen, Smith, Hanson and Jackson-Aye; Motion fails. Reasons for: Don't feel it obstructs view; not traffic hazard; fine line between deck and patio. Reasons against: Can't justify 10 foot variance undercircumstances; unnecessary-must be another way to take care of problem; don't like to establish that height of fence par- ticularly on corner lot. Special Use Permit Part of Lot 26, Lafayette Park, Lake Minnetonka G.H. (Fritz) Widmer present. Stannard moved and Swenson seconded a motion to approve Special Use Peri, it as long as adequate parking area shall be left in parcel to meet parking require- ments in this zoning area. The vote was unanimously in favor. J3o7 July 30, 1979 171anning Commis~ion Minutes - Page 3 10. Non-conforming Use Variance Lot 7, Block 7, Shadywood Poi~'~t Dewey moved and Hanson seconded a motion to re-recor~mend approval of the 14 foot garage and granting variances applied for, The vote w~s all i~] favor except Stannard voted Nay - not in favor whether 12 or 14 foot garage; hard to vote for and be consistent. 11. Vacation of Essex Lane - Cu~mberland to Manchester Jackson moved and Paulsen seconded a motion to recommend that vacation be granted. The vote was unanimously in favor. Jackson moved and.Paulsen seconded a motion to adjourn; everyone'in favor, so adjourned. Russell Peterson~ Chairman Attest: AGENDA FOR MOUND ADVISORY PLANNI~G COMMISSION MEETING July 30, 1979 Minutes of the July 9, 1979 meeting. BOARD OF APPEALS 1. Robert B. Flemal - Water Care, Inc. Lot 30, Auditor's Subd. 167 - 2558 Commerce Blvd. - Map 9 Special Use Permit 2. Carroll & Joan Evans, 2571 Lakewood Lane Lot A, Shirley Hills Unit D - Map 8 Subdivision of Land 3. Louis~LaVerne Nelson (Property at 2902 Hazelwood Lane) South~Tft. of Lots 4,5 & 6, Block 11, The Highlands - Map 11 Lot Size Variance 4. Frank Freese of Sign Crafters for National Food, 5229 Shoreline Blvd. Lots 7-20 & 26-35, Block 1, Shirley Hills Unit F - Map 5 Sign Variance 5. Rita K. Pederson (Property at 2348 Fairview Lane) Lots 25, 26 & 27, Block 4, L.P. Creviers Subd. of Lot 36, Lafayette Pk. - Map 5 Subdivision of Land "~' Edward R. Stettin (Property Addresses would be 3119 & 3131 Inverness Lane) Lots 7, 8 & 9·~ Block 8~ Pembroke - Map 13 SubdiviSion of Land 7o Daniel Tibbetts, 4313 Wilshire Boulevard Lot A, 1st Rearr. of Phelps Island Park First Division - Map 7 Non-conforming Use variance Ken Heimdal, 4924 Bedford Lane Lots 7 & 8, Block 27, Wychwood Street Front Variance - Map 12 o G. H. Widmer Part of Lot 26, Lafayette Park, Lake Minnetonka - Map 2 Special Use Permit 10. Steven & Kristin Miller, 1956 Lakeside Lane Lot 7, Block 7, Shadywood Point - Map 2A Variances - Non-conforming Use 11. Vacation of Essex Lane - Cumberland to Manchester - Map 13 City of Mound Hound, Minnesota July 25, 1979 BOARD OF APPEALS Planning Commission Meeting of July 30, 1979 Mangador Co. (Robert B. Flemal - Water Care, Inc.) Lot 30, Auditorls Subd. 167 - 2558 Commerce Blvd. This type of use' requires a Special Use for this "'Commercial'! district~ Also needs a parking variance. Proposed building is 3,200 sq. ft. requiring 9,600 sq. ft. or 53 parking spaces of 9 x 20 ft. each. His proposal is to provide 2,340 sq. ft or 13 pavking spaces of 9 x 20' each. Carroll & Joan Evans - 2571Lakewood Lane Lot A Shirley Hills Unit D Proposed subdivision requirements of the zoning is A-I, 10,O00 sq. ft. residential. Property has required square footage. Louis & La Verne Nelson - 2902 Hazelwood Lane South 110 ft of Lots 4, 5 & 6, Block 11, The Highlands Existing Site is 65 x 144.99 or 9,424.35 sq. ft.~is short 575.65 sq. ft. for A-1 Residential (is less than 10% short of required minimum 10,OOO sq. ft.) Lots 4, 5 & 6 are plotted off Bartlett Blvd. which requires a 15' rear yard set- back abutting the proposed building site to the South. Make note of deficiency of rear yard setback of 3.6 feet. e Frank Freese - Sign Crafters for National Foods - 5229 Shoreline Blvd. Lots 7-20 & 26-35, Block 1, Shi'rley Hills Unit F Proposed-additional sign to be on top of National Food Store entrance way. Sign to be attached to'existing structure and is 6 x 4 feet. Rite K Pederson - 2348 Fairview Lane Lots 25, 26 & 27, Block 4, L.P. Creviers Subd of Lot 36, Lafayette Park I would suggest the subdivision be granted with stipulation that distance from the house to the South boundary of proposed lot line to be no less than 7 ft. It scales out to be slightly over 6 ft. Residential B use district requires sideyard of 10% of width of lot and in no case less than 6 ft. Edward R. Stettin (3119 & 3131 Inverness Lane) Lots 7, 8 & 9, Block 8, Pembroke Proposed subdivision is 9,000 sq. ft. per lot by plat. Property zoned A-1 residential requiring 10,OOO sq. ft. per site. Property is 10% undersized. Daniel Tibbetts - 4313 Wilshire Blvd. Lot A, 1st Rearr. of Phelps Island Park, 1st Division Tibbetts appeared before the City Council requesting a Waiver of StlrV(:¥, ~,lOg denied. Board Of Appeals contil}d page two Property zoned A-2 residential. There is no confirmation of lot size for square footage, legal description is metes arid bounds. By plat meas~rements and with the help of survey of abutting property owner, as per encl., there appears to be 6,177.5 sq. ft. of lot. This enclosure only shows North side of his structure but it does show the side yard setback on the North side as well as the street front setback, which appears to be [,dequate and meets the zoning setback requirements. However, it does. not show the lake front setback or the side yard on the South boundary. His intent 'is to expand the existing nor~-conforming use, which appears to be the '!,' lakefront setback, by adding a second story. 8.' Ken Heimdal - 4924 Bedford Lane Lots 7 & 8, Block 27, Wychwood Deck and privacy fense within the street front setback. The applicant started con- struction not realizing.the City has setback requirements and also required Build- ing permits. G.H. Widmer Part of Lot 26, Lafayette Park, Lake Minnetonka Requesting special use on limited 'Commercial zoning for warehousing type structure. Structure meets all setbacks, right-of-way, side yards and wetlands. 10. Steven & Kristin Miller - 1956 Lakeside Lane Lot ~, Block 7, Shadywood Point Previous appeal was denied as per encl. 11. Vacation of Essex Lane - Cumberland to Manchester If the right-of-way is vacated I would like to see a permanent easement reti, ined of 15 ft. on the Easterly one-half of Essex Road for utility and drainage usage. HT/dd Henry Trueisen City Inspector .AP ATION FOR SPiECIAL USE P VILLAGE OF MOUND I'F LOCATION OF THE PROPERTY LEGAL DESCRIPTION ~'7 Address /~ State why this use, if granted, would not be contrary to the general purpose and intent of the ordinance to secure public health safety, general welfare, and sub- stantial justice. Residents and owners, of property within. feet: MISSION RECOMMENDATION: DATE COUNCIL ACTION Resolution DATE t.:' Pa. OPZRTY OF. Strae~r Andrua 17717, -I-Iw~i7 iltka., 47~-5291 ~-it~l ~ follo~,:__ Lot 50 and that part of Lot 33 lyi_n~ souther_l~_ o£ the £~ torly tension of the North line of Lot ~0 across Lot 31, all in Aud. ! , (2) / BUSH _ ~ ~J ' ~OUND -L I I 0 denotes iron m~numents LOW LAND -~ ROAD EAY' pAEK c~xn'...,~ os ~ocxno~ or zvr~ma I ~,,~,t,:.- ,.',-tits that o~ /'~ ~ ~ 7~ x made asu' y of ~e p~,~d ]~fi~ ~ ~e ~ on the ut:-. .... ~ik~d pro~y ~d ~t ~ ~ti~ of ~aid .... , ' · bv- ,~ ~ eorr~tly~hown on ~~ p~ C~TI~CAT~ 0~' hereby certify that on /~',t~4~__ ..... 197d-i~ I ~urveyed the property der,-cxibed ~b~ve and O~at the · bove plat is a correct repr~ent~tion of .xatd survey. AP Pi~ ATION FOR SU'BDIVISION Sec; '22.03-a VILLAGE OF MOUND ND FEE $ FEE OWNER Locatior~ and complete legal description of property to be divided: ,,¢-,L~?;~-:~~~-,::-A.o-T/¢ ~',¢.-,,-/~ ,.¢'.'//,~ ~//,.,,-7"',.~ {attach survey or scale drawing showing adjacent streets, dimension of proposed building sites, square foot area of each new parcel designated by number) A WAIVER IN LOT SIZE IS REOUESTED FOR: New Lot No. From Square feet TO Reason: (signature) ADDRESS ,~ ~-- -~ / c>~c~~ Applicant's interest in the property: I~)--z'-~ OF 40UND TEL. NO. DATE This application must b.e signed by all the OWNERS of the property, or an explan- ation given why this is not the case. PLANNING COMMISSION RECOMMENDATION: DATE COUNCIL ACTION Resolution No. DATE APPROVAL OF THIS DIVISION IS DEPENDENT ON THE LEVYING OF ANY DEFICIENT SPECIAL ASSESSMENTS BY WAIVER, THE FILING OF THE DlVlglON AS APPROVED AND THE NECESSAR.¥ PAYMENTOF TAXESBY THE FEE WITHIN 1 YEAR FROM THE DATE OF THE RESOLUTION OR IT BECOMES NULL AND VOID. A list of residents and owners of property within~.feet must be attached. APPLI FEE CITY OF 1viCeD ~NING PR6PERTY ADDRESS. APPi ,!CANT INTEREST IN PROPERTY FEE OWNEtL (if other than applicant) Addre s s ,. PARCEL ..... ~oc:~ 31 Telephone Number YAFJ_ANCE REQUESTED: NOTE: FRONT [ FT.[ ACCESSORYI FTJ YARD . BUILDING . YARD _ FT. FOOTAGE N. C. U. ;:; or 1. Attach a survey AND scale drawing showing location of proposed improvement in relation to lot lines, other buildings on property and abutting streets. Z. Give ownership and dimensions of. adjoining property. Show approximate locations of all buildings, driveways, and streets pertinent to the application by extending survey or drawing. 3. Attach letters from adjoining affected property owners showing attitude toward request. OTHER (describe) ' : '-~-'- I : - ' ' ; ~, ' ~ ':': , '",.-- ' ' :Z o ' ' ' / A buiI'~';:~g permit must be applied for within ~'e yg& from the d~ of the council resolution or variance granted becomes null and void. ............... ~a~c..e~s_~ re not trans{erable. /? :~ ~':' .......... ,_~ ..... p~ :~ Signature( - ., ~ ~".,.: ~ ~: PLAbfrq~" M~[SSION RECOMMENDATION ~ ../,-:-:C:" ~:.:'"::'2" ;': L~::.[L.::.:... L: :....L. ..: :. DATE tlESO I.,UTiON NO DATE ~-~,.~ ,o ID53 UNI',~E_FiSITY AVE.. S~.INT PAUL SCALE: I INgH~- FEET 406 NATIONAL BUILDING, HINNEAPOLIS . PL T OF .SUEVE Z FE. !~-0~5! t TELEPHONES t41. · . · [.~41. 9-tlO7Z CI¢~TIFIGAT~ OF LOOATION O~ BHI~DING I hereby certif7 that o~ ~ - 2- ~__ 19_ I made a survey of the location of the building(s) on the above described property and that the location building(s) is correcHy shown on the above plat. E.B.~cDONOUGH. R~EGISTEREDSURVEYOR. No. 1990 PAUL J. CRANE, " " No. 4449 30t4N 3. RYAN, " " NO. 449D CERTIFICATE OF SUt'~VEY I' hereby certify that on ._19~ I surveyed the property described above and thaL tl:e above plat is a correct representation of said survey. PPLICATION FO~ARIANCE CITY OF MOP, ND _ FEE $ ~NING PROPERTY ADDRESS P LA T PARCEL Address -~,~ ~~d~ .~~ LOT 7'~'?"'~ .BLOCK Telephone ._~, '.~27~,' ~ Number ~7/~'~DDI TI ON . Telephone Address -777~-'"/~ ~-~'7'd ff y'~~ ..~-s ~/3-.~. ._Number VARIANCE REQUESTED: FRONT YARD NOTE: FT~ ACCESSORY BUILDING [ FT,] SIDE YARD I FT'.! REAR i FT.[ YARD LOT SIZE LOT SQ. FOOTAGE N.C.U."' or-.- OTHER (describe) REASON FOR REQUEST: 1. Attach a survey AND scale drawing showing location of proposed improvement in relation to lot lines, other buildings on property and abutting streets. Z. Give ownership and dimensions of adjoining property. Show approximate locations of ail buildings, driveways, and streets pertinent to the application by extending survey or drawing. 3. Attach letters from adjoining affected property owners showing attitude toward request. "r? ! ~ ~..~l~ikli~e-~r!nit must be applied for within one year from the date of the (~q%n.~]ek~,k~}t.l~ on or variance granted becomes null and void. variances are nof~ansferab~ Signature PLANNING COMMISSION RECOMMENDATION DATE COUNCIL ACTION: RESOLUTION NO DATE *non-conforming use ~3, q ~~ APPL :ATION FOR SUBDIVISION Sec. 22.03- a VILLAGE OF MOUND AND FEE $~'~ ~ FEE OWNER Knutson Mortgage PLAT PARCEL 17 Washington Ave. North ~70 ~j~ ~ Mpls. MN 55401 Location and complete legal d~:scription of property to be divided: 2348 Fairview Ln. Mound, Lots 25, 26, 27, Block 4, L.P. Creviers Sub. of Lot 36 Lafayette Park ZONING ,~f~ ~, To be divided as follows: Pi~'l~'e / ~..-Pr°p°sed Parcel A,Lot50xl20 = 6,00D sq. ft, ffO~ ~ ! ~ '-~rroposed Parcel B Lot w/house70;xl20= '8~00 sq. ft. (attach survey or scale drawing showing adjacent streets, dimension of proposed building sites, square foot area of each new parcel designated by number) A WAIVER IN LOT SIZE IS REQUESTED FOR: New Lot No. From Square feet TO Reason: APPLICANT ADDRESS Realty World-Hessburg 24320 Smithtown Rd. Applicant's interest in the property: Excelsior, MN 55331 (si~lnat'ure) DATE 474-3295 7-19-79 Owner This application must be signed by all the OWNERS of the property, or an explan- ation given why this is not the case. PLANNING COMMISSION RECOMMENDATION: DATE COUNCIL ACTION Resolution No. DATE APPROVAL OF THIS DIVISION IS DEPENDENT ON THE LEVYING OF ANY DEFICIENT SPECIAL ASSESSMENTS BY WAIVER, THE FILING OF THE DIVISION AS APPROVED AND THE NECESSARY PAYMENTOF TAXESBY THE FEE OWNER WITHIN 1 YEAR FROM THE DATE OF THE RESOLUTION OR IT BECOMES NULL AND VOID. A list of residents and owners of property within:;" feet must be attached. Properties near 2348 Fairview Ln. 2330 Fairview Ln. 2333 Fairview Ln. 2355 Fairview LN. 2361Fairview Ln. 2370 Fairview Ln. Harlyn Crawford Robert Kruse Herbert Sohns Ema Schoeppler F. Silas Cooper /20.0 G APPLICATION FOR suBDIvISION OF LAND Sec. 22.03-a VILLAGE OF MOUND eec $ OC> FEE OWNER PLAT Location and complete le9dl description of property [o be divided: ·-./Ti.,.,./< 4 o'f' PARCEL (attach survey or scale drawin9 showin9 adjacent streets, dimension of p~oposed bmldin9 sites, square ~oot area of each new parce[ designated by number) New Lot No. From Square feet TO Square feet ADDRESS C (-~c) /_~.,~, D This application must be signed by all ,he OWNERS of ,he property, or~ Or ~;iOUND ation given why this is not the case. PLANNING COMMISSION RECOMMENDATION: DATE COUNCIL ACTION ResolutionNo. DATE APPROVAL OF THIS DIVISION IS DEPENDENT ON THE LEVYING OF ANY DEFICIENT SPECIAL ASSESSMENTS BY WAIVER, THE Fll. ING OF THE DIVISION AS APPROVED AND THE NECESSARY PAYMENTOF TAXESBY THE FEE OWNER WITHIN I YEAR FROM THE DATE OF THE RESOLUTION OR IT BECOMES NULL AND VOID. A list of residents and owners of property within feet must be attached. 0 APPLICATION FO~ARIANCE CITY OF MOOND SFEE zONING PROPERTY ADDRESS 1~313 Wilshire Blvd. NARIE OF APPLICANT Daniel Tibbets PLAT , ]78~0 PARCEL 6100 Address__[k31/W_WdLl~0_~lid.___~Qund; MN ~g~36h LOT A BLOCK' Telephone / Number /¥j/7-,5-?f/ADDiTION ls% Resrr, ,of Phelns Islan,d Park 1st Div. INTEREST IN PROPERTY fee owner PI, D_~lg-llT-23 13 00%1 FEE OWNER (if other than applicant) Address Te le phone Numb e r VARIANCE REQUESTED: FRONTI } ACCESSORYI YARD FT. BUILDING SIDE YARD NO T E: FTJ LOT SIZE I FTJ LOT SQ. ~ , FOOTAGE ~t~/~/7/~ ~'~ REAR YARD 1. Attach a survey AND scale drawing showing location of proposed improvement in relation to lot lines, other buildings on property and abutting streets. Z. Give ownership and dimensions of adjoining property. Show approximate locations of ail buildings, driveways, and streets pertinent to the application by extending survey or drawing. 3. Attach letters fr°m adjoining affected property owners showing attitude toward request, ~N. C. U~* or . , / · i ,. , .~' , cj · ~ ~ _.- ~ .~ - r ;.. . ( :_, . , )- /C,.. ---; A building permit must be applied for within one year from the date of the coancil resolution or variance granted becomes null and void. Variances ar{: no~/~ransferable. APPLIGANT./.z-,,.,,? ¢ ~/.. Z.~'.-~>,~..7 DATErf-? Signature · PLANNING COMMISSION RECOMMENDATION DATE COUNCIL ACTION: RESOLUTION NO DATE *non-conforming use ~ ~l FF _J 0 "II 0 It is my understanding that my neighbor, Daniel Tibbetts at 4313 ~ilshire Blvd. is planning on expanding his home by constructing a second story. He will not be extending the basic dimensions of his home and I have no objections to his expansion and also increasing the valuation of the property. It is my understanding that my neighbor, Daniel Tibbetts at 4313 Wilshire Blvd. is planning on expanding his home by constructing a second story. He will not be extending the basic dimensions of his home and I have no objections to his expansion and. also increasing the valuation of the property. APPLICA'iION FOR VARIANCE CITY OF APPLICANT . Address ~ q :)---~ ~::,e_cl ~r~r~ '~.,-~,-e.. PR0 ERTY ADDRESS PLAT_ ,~ LOT k7 Telephone Number__q a, ADDITION INTEREST IN PROPERTY FEE OWNER (if other than applicant) Address PARCEL .BLOCK, VA~RI/!_ .NGE REQUESTED: YARD !'/O . F.T,-I BUILDING NOTE: SIDE YARD i FT:I LOT SIZE [, FTJ REAR I LOT YARD FT.[ FOOTAGE N. C. U.* or OTHER (describe) Telephone.' ' ........ ., Numb e r 1. Attach. a survey AND scale drawing showing location of proposed improvement in relation to lot lines, other buildings on property and abutting streets. 2. Give ownership and dimensions of adjoining property. Show approximate locations of all buildings, driveways, and streets pertinent to the application by extending survey or. drawing~ 3. Attach letters from adjoining affected property owners showing attitude toward request. A::-bmldmg permzt must be applied for within one year from the date of the C'0'anml resolution or variance granted becomes null and void. t c~ .¥~arzances~. are not. ~ransferable, Signature DA TEf ~ J~ I ~.tr~ / ¢. '7 ? PLANNING COMMISSION RECOMMENDATION DATE COUNCIL AC ,ION: RESOLUTION NO DATE -'.':non- conforrrting use ~ ac!-waan Home3 Lots 7 and 8, Block 27, :~[C~'~OOD TM - ADD_~ION, City of i,',ound, !-Iennepin .County, t-~r~nesota ~nd reserving t~e ¢.lrainage and uti!i-%y eas~-:.ents as shown on the record olat thereof. RECEIVED OCT 2 C~RT~ IC~.V[Z. O? SU~VA'-Y I h=r,:b), c~rt£fy that on ~:.:.q. ~7/15,7~ I Purveyed th~ pr0~riy dm=crtb,d abova __./ ,.¢ ..... ~/ .... /. ~.' ..:; ~.~.2_. /' ;' / '- / ~alvin H. tt,~dlund, Htnn. Roil. th5. 5962. FEE $ 75.00 .... I (PID 1~-117-24 22 16~/ ' (PID 13-117-24 22 18) LSGAt OE$CRIPI[ON N. 100 ft of W. 200 Ft. of Lot 26; S. 200 Ft. of N. 300 Ft. of W. 300 N. 100 Ft. of E. 100 Ft. of W. 300 Ft. of Lot 26; Lafayette Park, Lake Minnetonka ZONING Commercial Applicant's Interest in Property Tel. No. !State why this use, if granted, would not be contrary to the general purpose and ,~. !tintent of the ordinance to secure public health, safety, generalwelfaro, andsub-i.: 'i, stantialjustice- Residents and owners of property within ~,"~-"~ feet: July 18, 1979. 5341 MAYWOOD ROAD MOUND, I~,II¢,A'~ESOTA 55364 (612) 412-1155 TO: FROM: SUBJECT: The Planning Commission The City Manager Variance - Lot 7, Block 7f Shadywood Point The Planning Commission on April 30~ 1979 recommended approval of a 14 foot garage and granting variances applied for including the non- conforming use. Reason: .Hardship and because the adjoining lot is unbuildable. The motion carried by ~ 4 to 3 vote. On May 8thf 'the Council directed a letter be 'sent to the owner of the adjacent undersized lot asking if some way he and.his neighbor could get together an~ satisfy the needs both of you have for the empty lot you own and at the same time~ straighten out problems the City faces with the-non-conformance of this area~ The owner of Lot 8 has given his permission to have a garage put on Lot 7; but apparently does not wish to sell any of Lot 8. The owner of Lot 7 has appealed to the Council and then the Council requested that the Planning Commission look at this again. -Leo.rfard L. Kopp / ' -- LLK/ms · ,/Y-I ~,: _., po CITY OF MO~I~D ' . '  FEE $ '~ ~ '..._%. O0 NING PROPERTY Lo ne___ .. PARCEL. 'A ~90 B LO CK ~ INTEREST IN PROPERTY FEE OWNER (if other than applicant) Addre s s Telephone Numb e r VAR_LANCE~QUESTED: NOTE: YARD FT. BUILDING T.J SIDE ~¢,,~. /~,Z-~' '¢ -~//_)~ YARD ~~OT SIZE FT.] REARJ J LOTSO. YARg linT' FOOTAGE N. C. U. * or OTHER (describe) 7- REASON FOR REQUEST: 1. Attach a survey AND scale drawing showing location of proposed improvement in relation to lot lines, other buildings on property and abutting streets. 2. Give ownership and dimensions of adjoining property. Show approximate locations of all buildings, driveways, and streets pertinent to the application by extending survey or drawing. 3. Attach letters from adjoining affected property owners showzng attztude toward request. : ~~~-'--~/~i--~u~iJgi~g, permit must be applied for within one year from the date of the ?_~'_.5 c~'~cii'~?~olution or variance granted becomes null and void. not transferable .. - Signature -'~I3k~N-h~NC~-COMMISSION RECOMMENDATION Approval of the 14 foot garage and granting variances applied for. DATE April 30, 1979 COUNCIL AC TION: RESOLU/ION NO.. DATE -.-non-con£orrnt g use ~x77/-F'-Y~ { L~6AL PE<~(_P,~gTIO N' ..-/ .. ,~ , · ~ q";~ ~~ ~ o Denotes tron monument notes ir_o.n monument ~ Proposed lowest floor eiev. = o Denotes offset stake ' . Proposed top of' foundation x ooo.o Denotes existing elev. BENCH MARK: { OO0.O }' · Denotes Proposed elev. Denotes surface drainage Proposed garage floor elev.= D~,5IAd. S - GAB.RIEL LAND SIJ/I, VEY',)ti;S, INC. 3030 Harbor Lane lqo. Plymouth MN 55441 Phone: (612) 559-0903 I hereby certify that this is a true and correct representation of a survey of the boundaries of the above described land and of the location of all buildings. File No. if an,/, thereon, and all visible encroachments, if any. from o~ on said r . ,// J., .;,:.,., // . · -.::.. ~; 7 ~ ', ..... Minn. Reg. Book - Page Scale CITY of h,'!OUND July 18, 1979 5341 MAYWOOD ROAD MOUND, MINNESOTA 55354 (612) 472-I 155 TO: FROM: SUBJECT: The Planning Commission The City Manager Vacation of Essex Lane - Cumberland to Manchester The Council has asked if the Planning Commission would check and advise whether or not they feel the subject street should be vacated. CITY OF MOUND · Mound, Minnesota July 12, 1979 COUNCIL MEMORANDUM NO. 79-249 SUBJECT: Tax Forfeit Land - Lots 16, 17, 18 & 1/2 of 19, Block 8, Wychwood Council Memorandum 79-224 dealt with the consideration of the subject lots or releasing them for sale since they are tax forfeit. The problem: The area is zoned Residential B (duplex) requiring 12,000 square feet for a duplex or in some circumstances, 9,600 square feet. Single family homes can be built on 6,000 square feet. The 3% lots have 11,200 square feet. The suggestion was made that we consider vacating Essex Lane adjoining Lot 16. , ':,.-, .'~, .., .,.~...,.,.,..~, ,~ ..~ ~ ..... .', ,.. · ..~': ~., . ..;t-..CU~DERLAND .... ""::~ ..... - ~ ' Attached is a copy of a ·letter from the Engineer explaining why the platted Essex street will not be needed. If Essex were vacated, then the parcel could be divided into two building sites: Parcel A - ½ of vacated street, Lot 16 & % Lot 17 = 6,000 Sq.Ft. Parcel B - Lot 19, Lot 18 and East % of Lot 17 = 6,400 Sq. Ft. If the Council wishes to do that, the first step is to hold a hearing on the vacation of Essex Lane. It is suggested Essex be vacated from Cumberland to Manchester. L~nard L, Kopp / / CITY OF Mound, Minnesota August 10, 1979 COUNCIL MEMORANDUM NO. 79-291 SUBJECT: Special Assessments - 1978 Projects The Engineer has prepared the Special Assessment Roll for the 1978 Projects. This~will be out on Monday. ' A date for the public hearing must be determined. The Assessment Roll must be certified to the County by October 1st. Recommended date of hearing might be September 18. Leonard L. K0~p~ t' // ,g'..z 7),, CITY OF MOUND Mound~ Minnesota August 8~ 1979 COUNCIL MEMORANDUM NO. 79-286 SUBJECT: Housing and Redevelopment Authority v Appointment Attached is a copy of a letter from the Housing and Redevelopment Authori- ty advising that the term of Eldo L. Schmidt expires on August 29th~ and that Mr. Schmidt would like to be reappointed, The appointment is for five years. · L~onard L. Kopp ,9, o.7/ .0 Housing a-nd Redevelopment Authority of Uound 2020 COMMERCE BOULEVARD MOUND, MINNESOTA 55364 August 6~ 1979 MEMO ~NDUM TO: }~yor and Mound City Council From: Housing and Redevelopment Authority of Mound Subject: Commissioner Eldo L. Schmidt Eldo L. Schmidt's term as a member of the Board of Commissioners of the Housing and Redevelopment Authority of Mound expires on Augus~ 29, 1979. Mr. Schmidt would like to be appointed for another term. E. Bo Richter Executive Director 8-14-79 CITY OF MOUND Mound, Minnesota August 8, 1979 COUNCIL MEMORANDUM NO. 79-285 SUBJECT: Police Patrolman's PFRA Attached is a copy of a letter from Patrolman Johnson requesting that his pay as a part time policeman in 1971-1973 be made a part of his PFRA retirement fund. We have been unable to ascertain the City's cost for this transfer. The transfer is recommended and the following resolution is suggested: RESOLUTION CERTIFYING THE EMPLOYMENT OF RICHARD JOHNSON AS A PART TIME POLICE PATROLMAN FROM DECEMBER 11, 1971 TO MARCH 15, 1973. BE IT RESOLVED BY THE CITY COUNCIL OF MOUND: That it is hereby certified that Richard Johnson served as a part time Police Patrolman by the Mound Police Department from December 11, 1971 to March 15, 1973 and it is requested that his time and pay during that period be applied toward his Police Re- tirement Fund. CItY of Li©UND 5341 MAYWOOD ROAD MOUN~'). I',~INNE..SOTA 55364 (6~2) 472-1155 July 30, 1979 TO: SU BJ ECT: Chief Charles Johnson Off. Richard Johnson PERA Fund It was learned that the period of December ll, 19.71 until March 15, 1973, while I was hired by the City of Mound as a part-time and/or full-time officer, part 'of the Police and Fire Fund was in a deferred regular account. Therefore, it was not applied to my Police and Retirement Fund. The representative that I talked with down there stated that this time could be converted to the Police and Fire Fund if the City Council would make a resolution stating that I was employed by the Mound Police Depart- ment for the period of time mentioned earlier. The representative also stated that there would be a 2% to 3/% charge to the City to bring that regular fund in line with the Police and Fire Fund. If the City Council makes the resolution but does not feel .that they want to pay the additional cost, I will pay it myself. RJ/sh 5341 ,M.e¢,'VvT)OD ROAD MOUi';~, ,",'~i¢4¢,;E%OTA 55364 July 31, 1979 TO: FROM: SUBJECT' Leonard Kopp - City Manager Charles Johnson - Chief of Police Off. Richard Johnson Attached are two memos from Off. Johnson to me. One regarding an error that may have been made in tax deductions on his pay checks, in 1979~and the second memo deals with his request to obtain credit on PERA for the first two years he worked for the City as a part-time police officer. Off. Johnson states that he contacted the IRS and received information that the Workmen's Compensation checks that he received are non-taxable income and the only portion he would be required to pay income tax on is the difference between the Work- men's Comp portion and that part of the salary that the City picked up. He requests that the additional monies that have been deducted from his pay check to pay taxes be returned to him and further that his W2 form for 1979 reflect only those amounts that the City paid and not the amounts he received from Workmen's Compensation. I checked with the IRS service, a Ms. Cathleen Parker at 291-1422, who confirmed Off. Johnson's statement that the Workmen's Compensation checks were indeed tax-exempt. She stated that instructions dealing with this are in the employees tax guide under sickness or injury payments. She stated further that unemployment compensation and Social Security are also exempted on Workmen's Compensation payments. The second memo dealing with PERA deals wit{~ the request of Richard Johnson to have those funds which were paid into PERA between December 11, 1971, and March 15, 1973, transferred from a deferred regular account to the Police and Fire Fund. According to the information he has suoplied, there would be a two to three percent charge to the City to make this transfer. Off. Johnson's request specifies that if the City Council should choose to make a resolution only agreeing to this transfer and not to paying the additional cost, then he will pay it himself. It is requested that the City Clerk make the appropriate corrections on his tax deductions for the year and secondly the Clerk examine the City archives for the exact employment data on Off. Johnson to include the amount paid so as to make a determination on whether it is in the best interest of the City to grant Off. Johnson's request dealing with PERA. Respectfully Chief Charle~ Johnson Mound Police Department CJ/sh CITY OF MOUND Mound, Minnesota August 9, 1979 COUNCIL MEMORANDUM NO. 79-289 SUBJECT: Labor Agreement - Sergeants Attached is a proposed agreement with the Sergeants' Union. The fringe benefits are almost identical to fringe benefits in the other union agreements. Salary is retroactive to March 1st. Sergeant's salary is calculated at $250 per month over Patrolman, with the Investigation Sergeant getting $100 premium pay. Sergeants will get overtime pay under this agreement. The agreement is for two years with 1980 salaries figured on the same basis as other Union Agreements. This will be on the August 14th agenda. It is recommended that the Mayor and Manager be authorized to enter into the agreement. LeOnard L. Kopp ~i' ~ cc: Police Chief Sergeant Roy ABOR AGREEMENT This Agreement~ dated ~ is made and entered into by and be~¢een th~ .'~.i~f of ~ound ..... , hereinafter referred to as the ]'Tap!oyer and Local ~ of Lm¢ Enforcement Labor Services, inc., hereinafter re£erred to as the Union. t~___U~, I. Purpose of Agreement This Agreement has as its purpose the promotion of ha~nnonious relations between 6he ;tlnployer, its ~nployees and the Union, the furtherance of efficient governmental services; the establishment of an equitable and peac£ul procedure for the resolution of disputes that may arise ~ithout interference or disruption of e£ficient operation of the department; and the establishment of a formal understanding relative to all terms and conditions of employment. ARTICLE II. Recognition Seotion 1. The Employer recognizes the~Ohion as the exclusive representative under Minnesota Statutes 179.71 Subdivision 3, for all employees of the Mound P. D. S~ervisory bargaining unit as identified by the Bureau of i~ediation Services; certification of Exclusive Representative dated March 5~ 1979..~ case # ?9-PR-658-A · Section 2. In the event that the Lmployer and the Union are unable to agree as to the inclusion or exclusion of a new or modified job class the issue shall be submitted to the Bureau of Mediation for dete~aination. ~qT][CLE III. llanagement Rights Section l. The ~,~nploy~r retains the full and unrestricted right to establish policy as to functions and programs of the Kmployer, its overal budget, utilization of technolo£?y, the organizational structure, and selection and direction and nmmber of personnel; and to perfo~w any' inherent managerial f~anction no~ specifically limited by this ~greement. ~%tTICLE IV. Legal Service Section 1. .'Except in cases of malfeasance in office or willful or %~an%on neglect of duty, J~5aployer shall defend, save harmless ~]d inde~m~ify an Z%~loyee 'and/or his estate azainst any claim or demand, whether gro~mdless or othemdse, arising out of an alleged act or o~mission occuring in the performance ~nd scope of hnployee's duties. ~'SZ_ICLz V. Union Security Section 1. A. The employer agrees to cooperate ~.;ith the Union in the deduction of regular monthly dues, for those employees ~.;ho request in ~;riting to have regular monthly Union dues checked off by payroll deduction. The ~Aoloyer agrees to remit such renu!ar monthly dues in a manner to be prescribed by the Union. B. The Union agrees to indemnif:f s,nd hold the ?~+.?loyer harmless against ~ny ~mnd all claims, suits, orders or ~ud~,.~ents brough~ or isaued agai:~st the '~aployer as a result of tony action ts]~en or not taken by the Section. under the provisions of A of this Section 2. The Employer agrees not to enter into any addition~ agreements with employees, individually or collectively concerning ~ny terms or conditions of employment. Section 3. The Union may designate members to act as stewards or officers and shall info~a the Employee of such choice and of any changes in stewards or officers in writing. Section ~. The Employer agrees to m~4;e space available on the employer bulletin board for the posting of Union notice (s) and announcements and to make space available for Union meetings when it does not conflict with the operation of the department. Section 5. The Employer agrees to allow the officers and representatives of the bargaining muir reasonable time off and leaves of absence, with prior approval and without pay, for the purpose of conducting Union business when such time will not unduly interfere with the operations of the department. Section 6. The Employer agrees to post all promotional opport~naities within the department; to publish the method by which promotions shall be made within the department; and to m~e copies of all work rules and requlations available to employees. ARTICLE VI. Employer Security Section 1. Neither the Union, its officers or agents, nor any of the Employees covered by this Agreement v~ll engage in, encourage, sanction~ support or suggest any strike, slowdown, mass resignations, mass absenteeism, the ~.~llful absence from one's position, the stoppage of work or the absentence in whole or part of the full, faithful and proper performance of duties of employment for the purpose of inducing, influencing~ or coercing a change in the conditions, compensation or the rights, privileges or obligations of e~aployment. ARTICLE VII. Equal Application Section 1. The provisions of this Agreement shall be applied equally to all Employees in the bargaining unit without discrimination as to race, color, creed, sex, national origin, religion or political affiliation. The Union and the Employees covered by this Agreement shall share equally with the Employer the responsibilities established by this Article. Section 2. The Employer shall~.not discriminate against, interfere with, restrain, or coerce an Employee from exercising the right to join or not to join the Union or participate in an official capacity on behalf of the Union, which is in accordance ~th the provisions of this Agreement. The Union shall not discriminate against, interfere with, r~strain, or coerce an Employer from exercising the right to join or not to join the Union and ~ll not discriminate against any Employee in the administration of the Agreement because of non-membership in the Union. Section 3. Union accepts its responsibil~es as exclusive representative snd agrees to represent all Employees in the bargainin§ unit without discrimination. ~RTiCLE VIII. Prevailing Rights Section 1. All benefits, rights and privileges now in effect -for employees and not specifically contained in this Agreement shall re~ain in 'full force and effect, ~,~thout change or termination by the ~ployer. ARTICLE IX. Savings Section 1. This Agreement is subject to the laws of the United States and the State of Mimuesota. Section 2. In the event that-any'PrS~iSiSH-O'f'-'this Agreement shall be held to be contra~/ to law by a court of competent juris- ¢~ction from whose final judgment or decree no appeal has been t~ken ~,~thin the t~e provided, such provision shall be voided. All other provisions of this Agreement shall continue in full force and effect. The voided provisions maybe reneEotiated uoonwritten request of either party. iRTICLE X. Grievance Procedure. section 1. A. For the purpose of this Agreement the term "grievance" means any disputes arising concerning the interpretation or application of the express provisions of this Agreement or any ter~, or condition of hl~ployment. B. In the event of such grievance arising there shall be no suspension of operations but an earnest effort shall be made to resolve such grievances in the manner prescribed by this Agreement. C. The ~nployer and the Union agree that the investigation'and processing of grievances shall be accomplished during the normal work day %~thout a reduction in wages or loss of leave time to the aggrieved or the'union steward while consistent %~ith employee duties and responsibilities. Section 2. Procedure Grievances, as defined by Section l, shall be resolved in conformance ~th the follow,lng procedure: Ste_~__~. An Employee claiminga violation concerning the interpretation or application of this Agreement shall, within twenty- one (21) calendar days after such alleged violation has occurred, present such grievance to the ~ployee's supervisor as designated by the E~ployer. The Employer-designated representative ~.~ll discuss and give an sn~er to such Step I grievance within ten (lO) calendar days after receipt. A grievsnce not resolved in Step I and appealed to Step 2 .shall be placed in ~.~iting setting forth the nature of the grievance, the facts on w~hich it, is based, the provision or provisions of the Agreement allegedly violated, the reme<~; requested, and shall be appealed to Step 2 within ten (10) calendar d~s after the l~uployer-designated representative's final answer in Step 1. ;~y grievance no appealed in writing to Step 2 by the Union ~,~ithin ten (l~ calendar days shall be considered waived. S~ep 2. If appealed, the ~itten ~rievance shall be presented by the Union and discussed ~dth the Employer-designated Step 2 repro- sen%~,tive. The Emp!oyer~esignated representative shall give the Union the L~ployer's answer in ~,~iting within ten (10) calendar days after feceS.pt of such Step 2 grievance. A grievance not resolved in Step 2 may be appealed to Step 3 ~thin ten (10) calendar days fol!ov~ng the Employer-designated representative's final answer in Step 2. Any grie~nce not appealed in writing to Step 3 by the Union ~ithin ten (10) calendar days shall be considered ~aived. Steep 3. A grie~m~ce unresolved in Step 2 and appealed to Step 3 by the Union shall be submitted to arbitration subject to the provisions of the Public Employment Labor Relations Act of 1971 as amended. The selection of an arbitrator shall be made in accordance ~tth the Governing the Arbitration of Grievances" as established by the Public Employment Relations Board. Section ~. Arbitrator's Authority A. The arbitrator shall have no right to amend, modify, nullii~,ignore, add to, or subtract from the terms and conditions of this Agreement. The arbitrator shall consider and decide only the specific issue(s) submitted in writing by the Employer and the Union, and shall have no authority to make a decision on any other issue not so submitted. B. The arbitrator's decision shall be submitted in writing ~thin thirty (30) days following close of the hearing or the submission of briefs by the parties, whichever be later, unless the parties agree to an extension. C. The fees and exTenses of the arbitrator's services and proceedings shall be borne equally ~y the Employer and the Union pro~ded that each party shall be responsible for compensating its o,~m representatives and ~tnesses. If either par~y desires a verbatim recoil of the proceedings, it ~%y cause such a record to be made providing it pays for the record. If both parties desire a verbatim record of the proceedings the cost shall be shared equally. Section A. Waiver If a grievance is not presented within the time l~mdts set forth above, the grievance shall be considered "~,mived". If a grievance is not appealed to the ne~ step ~.~thin the specified time limit or any agreed extension thereof, the grievance shall be considered settled on the ~sis of the Employer's last answer. If the hhployer does not answer a grievance or au appeal thereof%.~thin the specified time limits, the Union may elect to treat the grievance as derAed at that step and i~med- lately appeal the griew, nce to the next step. The time l~t in each step may be extended bymutualwritten agreement of the Employer and the Union in each step. Section 5. Choice of Remedy If, as a res~!t of the ~itten employer response in Step 2, the grievance remins unresolved, and if the grie~mnce involves the suspension, demotion, or discharge of an employee who has completed the required probationa period, the grievance my be appealed to either Step 3 or a procedure such as: Civil Sez~ice, Veteran's Preference, or Fair Employment. If appealed to any procedure other tb~u Step 3, the grievance is not subject to the arbitrabion procedu_~e as provided in Step 3. The aggrieved employee should indicate in ~,~iting which procedure is to be utilized -- Step 3 or another appeal procedure -- and should sign a statement to the effect that the choice of any other hearing precludes the aggrieve~ employee from makin~ a subsequent appeal through Step 3. ARR%CLE XI. Discipline Section 1. The employer will discipline for cause only. Discipline will be in one or more of the follo~ring forms: a. Oral reprimand b. Written reprimand c. Suspension d. Demotion, or e. Disctu%rge Section 2. Notices of suspension, demotions and discharges will be in ;.~itten form and ~ill state the reasons for the action taken. Suspensions will set forth the time period for which the suspension shall be effective. Demotions %~ll state the classification to which the employee is demoted., and ~ill not cause the loss of departmental seniority. Section 3. Written reprimands, notices of suspension, and notices of discharge which are to become part of an employee's personnel file shall be read and ac~mowledged by sigmaturo of the employee. The employee ~rill receive a copy of such reprimands and/or notices. Written reprimands will be purged from the employee' s personnel file and be of no effect one (1) year after the date of which the employee last received either some form of disciplinary action or au musatisfactory employee evaluation. Section 4. Investigations a. Employees %gll not be questioned concerning an ~nvesti- gation of disciplinaryaction unless the employee has been given an opportmnity to have a Union representative present at such questioning. b. Employees shall be informed of all charges or accusations made against them %~ich, if proven, could result in disciplinary action. c. ~nployees u~nder investigation conce~ning disciplinary action shall be inform, ed of the nature of the investigation prior to any questioning and shall be L~ormed of the nsanes of all complainants. d. No co~o!aint against an employee shall be entertained, nor any investigation of such complaint be held~ unless the complaint is signed by all complainants. e. Upon completion of all investi~tions concerning di~plina~y actions, the employer shall fully disclose all evidence against the employee to the employee in writing. Section 5. Discharges w~l]. be preceded by a five (5) calenaar suspension ~.ritho~zt pay. Section 6. Employees may examine their o~.m individual pers~=no! files at ~.~masonable times under the direct supe~v%sion of the Employer. Section 7. Grievances relating to this Article may be initiabed I~ the Union in Step 2 of the grievance procedure. ARTICLE XII, Job Safety Section 1. It shall be the policy of the Employer that the safety of ~ihployees, the protection of wo~ areas, the adequate traini~ in necessary safety practices, and the prevention of accidents are a continuing and integral part of its everyday responsibilities. Section 2. It shall also be the responsibility of all Employees to cooperate in progrsms to promote safety to themselves and the public and to comply with rules promulgated to insure safety. This Employee responsibility shall include the proper use of all safety devices in accordance with recognized safety procedures. ARTICLE )[III. Voluntary Shift S~.~tching Section 1. Employees may voluntarily switch shifts %,ith the prior approval of the Chief. Voluntary s~itching of shifts shall not obligate the Employer for overtime pay. ARTICLE XIV. Seniority Section !. Definition Seniority shall moan an Employees' lena~th of service in grade. An Employee's continuous service record shall be broken only by separation from service by reasons of resignation, discharge for cause, retirement or death. An Employee's continuous service record s~ll be reduced by time on suspension, l,~hen two or more Employees have the same seniority date, their position ou the seniority list shall be determined by lot. Section 2. Lay Offs l,fhen a reduction in the wo~ force becomes necessary, the Employee with the least seniority shall be permitted to bump back into the police officer job classification, provided that he/she has greater semiority than tho police officer with the least senioz~ty. If not, the employee shall be laid off. The last employee demoted or laid off shall be the first to be promoted or recalled for work. No ne~.~ employees shall be hired or promoted to fill the vacancy until eilher the lay-off list has been exhausted or twenty-four (24) months have passed since the last lay- off. Section 3. Probationary ~olayees The probationary period for enployees covered by this contract sha]! be six (6) months for promoted employees and ~elve (12) mon~J~s for new hires. Do_~ing the p~bationary period a newly hired erehired employee may be ~ischarged at the sole discretion of the Employer. During the probatio~..~f period a promoted or reassigned Employee ~.ay be returned to his previous position at the sole discretion of the ~hptoyer. Section 4'. Vacation Schedule One continuous vacation period s~hall be selected on the t~sis of senior_fy until March 15 of each calendar year. Section 5. Assignments, T~ins~ ~s, Promotions Shift assignments shall be made on the basis of seniority. Within ~o (2) months of the signing of this Agreement, new job descriptions shall be adopted detailing fob duties and responsibilities for the positions of Sergeant of Patrol and Sergeant of Iuvestig-ations. Such ~ob descriptions shall be continuously maintained and additional assignments of ~ob duties or responsibilities shall be made in writing to the affected Sergeant. ARTICLE XV. Constitutional Protection Employees shall have the rights granted to all citizens by the United States and Minnesota State Constitution. ARTICLE XVI. Work Schedule Section 1. Normal work year shall consist of 2,080 hours to be accounted for by each ~nployee through: Scheduled hours of work Holidays Roll Call & Staff Meetings Training Nothing con~%ined in this or any other Article shall be interpreted to be a guarantee of a mdmimum or maximum number of hours the Employer may assign Employees. ARTICLE XVII. Court Time Section 1. AnEmployee who is required to appear in Court during his scheduled off-duty time or who receives notice of cancellation of such a court appearance less than 18 hours prior to the schedmled time for the cotu~ appearance, shall receive a minimum of two (2) hours pay at one and one-half (l~-) times the Employee's base pay rate. An extension or early report to a regularly schedu_led shift does not qualify the Employee for the two (2) hour minimu~. ARTICLE XIX. Stand!~y Pay Section 1. Employees reouired by the Ruptoyer to standby shall be paid for such standby time at the rate of one-b~]£ (-~-) hours pay for each hour on standby. -7- ARTICLE XX. Overtime Section 1. Employees shall be compensated at one and one-half (1-,~-) times the Employee's regular base ra~;e of pay for hoo~s worked in excess of the Employee's regularly scheduled shift. Changes in shifts cio not qualify an employee for overtime under this Article. Section 2. Overtime will be distributed as equally as practicable. ~,~ertime refused by an ~,p!oyee witl~ for record purposes~ be considered as unpaid overtime word-.ed. For the purpose of computing overtLme com- pensation overtime hours worked shall not be pyramided~ compoum, ded or ~_ paid t~cice for the same hours worked. ~ertf_me shall be calculated to ~~ the nearest fifteen (15) minutes. ~=~_~~ Section 3. S~ff and depar~uental meetings shall not qualify as overtime, up to a ma~um of four hours per month provided at least a 48 hour notice is given of the meeting ~and it is scheduled during a regularly scheduled work day. ARTICLE ~. Sick Leave Section 1. Employees shall be granted eight (8) hours of sick leave ~th pay for each calendar month of employment. Section 2. Unused sick leave shall accumulate without limit. on suspension, absent without leave or leave ~.M_thout pay shall not be counted in determining a calendar month of employment. Inability of an Employee to work 8ne to either sic]~ess or injury shall not result in the loss of his/her status as an Employee. ~ ...... ~ ..... Section 3. In the event of a death of a full time E~mptoyee, the beneficiary or survivor shall be entitled to the Employee's ~ accumulated sick leave pay. ARTICLE ~II. Severance Pay Section 1. Employees shall receive a lump sum payment upon termination of employment ~th the Dmployerbased upon 1/3 of the first n~nety (90) days of unused accumulated sick leave after three (3) years of service, and 1/5 of the first one-hundred ~enty (120) days of unused acc~uulated sick leave after l0 years of service, and 1/3 of the first one-hundred fifty (150) days of unused accumulated sick leave after ~0 years of service. ARTiCLE YO~II. L~ves of Absence Section 1. F~meralLeave The Employer may grant a leave of absence with pay of up to three days in the event of ~eath in the ~aployee's family. If more than three (3) days are needed, the employee may choose sick leave or vacation leave. Section 2. Jury Duty If an ~plo'yee is reeuired to se_~ze on a ju_-y, the -~mployer shall compensate the E~ployee the difference b~t~een j~try duty pay and ~his/her reg~ular hourly( rate of pay. dj'l' -6- ~ad s~ aiqc~ue&'zoo -oq i-[~4s s~$jouoq o~u'.azj pwa soou'aao-£-EV ;~Tijouo~ oUu!af pu'~ soou?,~-~o'[IV 'iiL'dCf ",g'fi)LAiV · '3-,:psqos X,z~i~s oq% q%in oowssJ_ooo~ uI po%~sue~oo oq Iit~qs soo~'~o-[duZ uoi%~sued~oo ' iIAiC~ g'iOiAHV X%na uo ps~a.gui L~iX ,~zOiZ4¥ : sX'apiioq pi~-~i Sui~,toiIoJ aq% apz.,%o,~d 0% seo.~ g_a/,oi~ aqI, 'I u°i%oaS sf~p!iOH 'JE(X Z%OI,!,iIV 'xsJoI~--~ 8q% 3o I~.o.~dd~ aq% %noq%/z.~ uo:l~% eq %ouu~o $-aq %Ugu~'2oid~s ~o J.'~aX ~s~iJ aq% L~.'~l'p petnzwa a~t II~qs s~ioz.-%~o~,% pi~ci 'f uolc%oeS ev'?.,zas jo sa~oX 0U - 9i ao'p~es jo s=~oX ~-[ - 9 ao'b~zas jo s~aX ~ - 0 :o apoqos Lhp oiioJ oq% uocln pas~q sua'~%~o-~ pied aA!ooaa -[l?qS ~ooXoi~ uoi%oo9 DEFINITIONS For the purpose of this Agreemeng the following terms ~d phrases shall have the meaning given to them. EiPLOYER: CITY OF ~,IOU~ I.{II,~,~SOTA UNIO~I: Local #35 o£ Law Enforcement Labor Services, Inc. ..,PLOYE=: A member of the exclusively recognized bargaining unit. OFFICER: Officer elected or appointed by the Union member of LELS Local #35 in the bargaining unit to which this contract applies. s~uom 9 za~JV sqSuo~ 9 - 0 '8 XHV'iV~ zq.%uou~ UT - 0 :snotTo$ s~ aq Tla=qs oTapoqos slasiss a%N. ~6£6I ~i ~nus£ enT%oojj2 'i I NSYRAhTC E The Employer agrees %o provide each ¢:mployee, after ~%--~M (30) days of cont±nuous employment, ~.~%h hospitafLization/~jor medical insurance, including dependent coverage, five ~housand (~)5,000) dollar life insurance policy and long term disability insurance and pay seventy percent (70%) of the permiums due. Effective 1/1/80 the ~mployer a~ees to pay seventy-five percent (75%) of the premiums due on the insurance coverages provided ~nder Section ~ above. Ce The Employer agrees to provide a Dental Insurance policy for each employee and dependents and pay up to a maw~mum of fifteen (~LS.00) dollars per month of the premiums due. ~ EXAMI~5~TION - The Employer shall pay ~15 to~,mrd an eye ex~iuation for each employee once in each twenty-four (24) month period of em- ployment. 3. U~F01~.~ ALLOWANCE Each employee shall be entitled to an anmml uniform allowance of two hundred twenty dollars ([~220.00)payable in two cash install- ments on Jauuary I and Ju~Ly 1. b. The ~ployer agrees to replace all clothing d~mged in the line of duty at no cost to the F~ployee. The dollar ~mount provided for in Section a. shall be sub~ect to the same cost of living increases as apply to the Salary Schedule in Append~c A attached. CITY OF MOUND Mound, Minnesota August 10, 1979 COUNCIL MEMORANDUM NO. 79-290 SUBJECT: Acting City Manager The City Manager will be in Chicago August 22 and 23 for the signing of the bond issue. An Acting City Manager should be appointed for these two days. 'Leonard ~. Kopp CLAYTON L. LEF£VERE HERBERT P. LEFLER CHARLES L. L~:FEVER£ JEFFREY J. STRAND LAW OFFICES 1EFEVERE, LEFLI='F~, PEAF~,ON, O'BF~IEN I100 F'IRST NATIONAL BANK BUILDINC, MINNEAPOLIS, MINNESOTA 55402 August 9, 1979 TELEPHONE \~1~) 333-0543 Paul D. McRoberts, Esq. Suite 280 Baker Building Minneapolis, MN 55402 Re: Structure Located at 4432 Lamberton Road Dear Mr. McRoberts: After our telephone conversation, I reviewed the matter regarding the above-referenced structure which the City has indicated must be torn down. You had indicated that you had entered into a purchase agreement regarding the land and structure at 4432 Lamberton Road with Eugene Schlee, and that Mr. Schlee had indicated that after his purchase of the property he would remove the structure. You also requested that the City hold off its action against the hazardous structure until such time as you had an opportunity to complete the transaction with Mr. Schlee. The City of Mound is willing to hold off for 30 days on proceeding with the hazardous structure action if you will provide this office with written assurance from Mr. Schlee that he does, in fact, intend to remove the structure once he is in possession of the property, if the assurance from Mr. Schlee is not extended or the 30 days elapses, the City of Mound will proceed with its hazardous structure action. If you have any questions, please advise. j~/e~/r~e y~-.~S t r a n d JJS:dkb cc: Mr. Leonard Kopp Mr. Hank Truelsen Mr. Eugene Schlee Mr. James W. O'Brien Williams/O'Brien Associates 45 South Ninth Street· Minneapolis, MN. 55402 Dear Jim: Today's rain which has been slow and steady is really showing the leaks in the skylight. At this time, we have 19 buckets catching water and more are needed. Also, we find interior leaks which evidently are from water following the rafters to the outside wall; then coming through as it comes to the wall. From your letter, I thought they would have the skylight covered by now, but they have not. Please rush them so that we can get the roof problem solved before winter. Thanks much. Sincerely, City Manager LLK/ms cc: City Council C. Pearson G oc c i' on of metr. qpo!!t, gn rnun c pat e August 6, 1979 Mr. Leonard .L. Kopp City Manager City Hall 5341Maywood Road Mound, Minnesota Dear Leonard: This is to acknowledge receipt of Mound's dues to the Association of Metropolitan Municipalities for the fiscal year 1979-1980. I want to express our appreciation for your continuing support of the Association. Please convey our thanks to Mayor Lovaasen and the members of your city council. Again our thanks, and please do not hesitate to contact us Whenever we can be of assistance. Best regards, Vern Peterson, Executive Director VP/oc INTERNATIONAL BROTHERHOOD OF TEAMSTERS LOCAL 320 3001 UNIVERSITY AVENUE S.E. · MINNEAPOLIS, MINNESOTA 55414 · PHONE (612) 331-3873 August 6, 1979 CERTIFIED MAIL NO. 6585369 Mr. Leonard L. Kopp City Manager 5341 Maywood Road Mound, MN 55364 Dear Mr. Kopp: We have received your letter of July 27, 1979 concerning the four (4) grievances presented to you and wish to make the following reply. Grievance #1 Shift Bidding. If the Employer has and continues to follow Section 9.5 of Article IX, we believe there will be no problem on this matter in the future and accept the reposting of the work schedule. Grievance #2 Officer R. Bostrom. We do not accept the Employer's answer to Step 3 and are, therefore, appealing to Step 4 on this matter. Grievance #3 Officer R. Har__tigan. We do not accept the Employer's answer to Step 3 and we are, therefore, appealing to Step 4 on this matter. Grievance #4 Officer R. Tharalson. We will accept the Employer's answer on this matter subject to the conditions as set forth in the July 27th latter. Please advise who will be representing the City of Mound in Step 4 on grievances #2 and #3 so we may proceed in the appeal. If you have any further questions, please contact our office. Sincerely, TEAMSTERS LOCAL NO. 320 Business Agent cc: Ray Tharalson, steward United to Protect Service with Dignity 6~/ED Bx P.O. Box 387, Wayzala, Minnesota 5.5391 BOARD OF MANAG[~S: David H. Cechran, Pres. · H. Da~e Palmatier · Albert L. Lehman · .lames $. Russell · Jean WATERSHED / August 8, 1979 NOTICE OF REGULAR MEETING OF BOARD OF MANAGERS Thursday, August 16, 1979 7:30 P.M. Wayzata City Hall NOTICE OF SPECIAL MEETING OF BOARD OF }~NAGERS Thursday, September 6, 1979 5:00 P.M. E. A. Hickok & Associates 545 Indian Mound Wayzata, Minnesota 55391 (The purpose of the special meeting is to open and record bids received in response to the Advertisement for Bids on the Minnehaha Creek Improvament Project.) NOTICE OF REGULAR MEETING OF BOARD OF MANAGERS Thursday, September 20, 1979 7:00 P.M. Wayzata City Hall (The Board of Managers will consider acceptance or rejection of bids received on the Minneha.ha Creek Improvement Project commencing at 7:00 p.m. Permit applications will be heard commencing at 7:30 p.m. or as soon thereafter as possible.) CLAYTON L L£FEVEREi HERbErt P. LEFLER CURTtE, A. PEARSON Je~FR~-Y J. STRAND JaME. C~ P. O'MEARA MARY J, BJORK'LUND LAW OFFICES L~'FEVERE, LEFLER. PEARSON, O'BRIEN & DRAWZ IIOO FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA ,55402 August 6, 1979 TELEPHONE /,~ ..' ' (612) 333-05~,3 Mr. Leonard L. Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Continental Telephone Company Dear Len: I am enclosing herewith a communication received from the hearing examiner today setting forth where the public hearings wil/~ be held. Please note that they will be hearing at Mound on November 20 at 2:00 P.M. and the same evening at Maple Plain. Ve~/ truly y~.~_fLus, . Pearson CAP: ms Enclos ute NNETONKA CONSERVATION PUBLIC HEARING NOTICE PELIC~ POINT NEW DOCK LICENSE ~CT Notice is hereby given that the Lake Minnetonka Conservation District will hold a public hearing at the ~CD Office, 402 E. Lake St. (old depot), Wayzata, at 7:30 p.m. on Wednesday, August 29, 1979, in the matter of a new dock license for the Pelican Point Development, Phelps Island Park, City of Mound, and ~-~CD Areas 7 (Phelps Bay) and 11 (Spring Park Bay). L ~ ecjon Post 398 DATE ~,.~ :T,,,.)I q: _._.-, -~ , CURRENT MONTH YEAR TO DATE GROSS: ~'-' 19~7.00 ~!8877 O0 EXPENSES: PAYOUT AS PRIZES: ?~74.50 ,~!n6q, 88 ~lOOO .00 !!4075.00 PROFIT: DISTRIBUTION OF PROFITS: AIJ,.N ~T ~ 5,0- on LEG LEG. ~A~w~t~T,T .... T=RSEvS ~2~5-00 LEG. T~-,,~v- ~3oo. oo ~,1000,,00 .,,.2~78. oO AGENDA Minnehaha Creek Watershed District August 16, 1979 Wayzata City Hall 7:30 p.m. 1. Call to order; present, absent, staff. 2. Reading and approval of minutes of regular meeting, 7/19/79. 3. Approval or amendment of August 16, 1979 agenda. 4. Hearing of permit applications: A. -79-86. Lord Fletcher Apartments - Riprap placement at 4400 West Arm - Spring Park. 79-87. J. Borry - Riprap placement at 3409 Kings Point Road - Minnetrista. 79-88. J. Farnham- Riprap placement at 3225 Carman Road - Orono. 79-89. City of Minnetonka - Placement of utilities at Hazel Lane and Regal Oaks Lane, Grading/drainage, utilities at Ridgedale Ring Road- Minnetonka. 79-90. H. Petsch - Riprap placement at 3423 Kings Point Road - Minnetrista. 79-91. Alpha Enterprises - Grading/drainage plan plan for the construction of an office building located in the southeast quadrant of Vernon Avenue and Highway 100 - Edina. G. 79-92. D. Schultz - Grading/drainage plan for "Victoria Heights", 39 lot residential subdivision, located in the SW quadrant of Highway 5 and Kochia Street ~.~.~Vi ctoria._~ H. 79-93. West Suburban Builders - Setback variance request for the construction of a duplex on Langdon ~k~ - 79-94. L. Berman - Riprap placement at 433 Bushaway Road - Wayzata. 79-95· Mutual Development Corp. - Grading/drainage plan and utilities for a 45 lot residential subdivision located northwest of Church Lake in Victoria. 79-96. Hoben Properties - Grading/drainage plan for "Hollybrook", a 64 unit townhouse development located east of the intersection of State Highway No. 101 and Shadyway Road - Wayzata. 79-97. D. Werner - Riprap placement at 2888 Highland Blvd. -Mound. 79-98. Sunrise Nursing Homes, Inc. - Grading/drainage plan for "Red Oak Ridge", a 10 unit townhouse develop- ment located at Jordan Ave. & Highway 18 (1 block north of Robin Oak Road) - Minnetonka. Ne 79-99. R. Fishec - Setback variance request for the construction of a single-family home, Zumbra Ridge, Lake Zumbra - Victoria. 79-100. E. O'Neill - Riprap placement at 3185 Lakeshore Blvd. - Minnetonka. Co rrespondence. 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. (1) Administrative Fund Report. (2) Minnehaha Creek Improvement Project Fund Report. B. Engineer's Report - Mr. Holmquist. (1) Minnehaha Creek Improvement Project. (2) Progress report on 79-85 Plymouth Development Corp. C. Attorney's Report - Mr. Macomber. (1) DNR permit/control structure. Old Business. A. Water Maintenance and Repair Fund/1979. B. Private vehicular bridge at 11907 Cedar Lake Road. C. Upper Watershed Storage and Retention Project. D. District regulation revision. New Business. Adjournment. qo MINUTES OF THE REGULAR MEETING OF THE BOARD OF MANAGERS OF THE MINNEHAHA CREEK WATERSHED DISTRICT July 19, 1979 The regular meeting was called to order on July 19, 1979 by Chairman Cochran at 7:30 p.m. at the Wayzata City Hall, Wayzata, Minnesota. Managers present: Cochran, Russell and Thomas. Managers absent: Gudmundson and Lehman Also present were board advisors Hickok, Holmquist, Fretheim and Macomber. ~pproval of Minutes. The minutes of the regular meeting of June 28, 1979 were reviewed. Following discussion it was moved by Russell, seconded by Thomas, that the minutes be approved as published. Upon vote the motion carried. Election of Officer. Chairman Cochran noted the need to elect one of the members of the Board of Managers as secretary to the Board. It was moved by Russell, seconded by Cochran, that Manager John E. Thomas be nominated to serve as secretary to the Board of Managers of the Minnehaha Creek Watershed District. No further nominations being made, nominations were closed. Upon vote, manager John E. Thomas was elected secretary to the Board of Managers of the Minnehaha Creek Watershed District. Approval of Permit Applications. The managers reviewed a written memorandum from the engineer dated July 12, 1979 summarizing the nature of the following applications and 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: Page Two .~f .................. July 19,_f_ ,i ,. - .... / .... James ~efrigeration - After-the-Fact / / consideration of a fill area located [ at County Rd. 110 and Three Points ~ Road - Mound; Application No. 77-94. P. Vogt - Riprap placement at 719-" ~ Minnetonka Highland LaBe ....... A~-l-i'ca t~ion -No .-· ~79-~76 ~ J. Krominga - Lake setback variance, Zumbra Ridge - Victoria; Application No. 79-77. S. Wasie - Riprap placement at 498 S. Ferndale Road - Wayzata; Application No. 79-78. J. Hagen - Riprap placement at 684 Tonkawa Road - Orono; Application No. 79-79. R. Smith - Riprap placement at 3555 Co. Rd. 44 - Minnetrista; Application No. 79-80. A. Zucco - Lake setback variance at 4485 Enchanted Point - Shorewood; Application No.. 79-81. D. Dunlop - Dredging at 1595 Bohn's Point Road - Orono; Application No. 79-82. Following discussion it was moved by Russell, seconded by Thomas, that the above permits be approved and issued subject to all terms and conditions recommended by the engineer. Upon vote the motion carried. S. Rockler -'Filling for tennis court near Minnehaha Creek, 24 Circle West - Edina; Application No. 79-66. : The engineer informed the managers that Mr. Rockler had requested an amendment to Permit No. 79-66 to move the proposed tennis court 15 feet to the east and provide for a slight increase in the maximum elevation. The engineer Page Three July 19, 1979 reviewed a plan submitted by Mr. Rockler dated July 18, 1979. The engineer advised the managers that the change proposed would slightly reduce the additional flood storage capacity o~iginally proposed and approved. Following discussion, it was moved by Russell, seconded by Thomas, that Permit No. 79-66 be amended to authorize construction of the tennis court as shown on the drawing submitted by the applicant dated July 18, 1979. Upon vote the motion carried. Plymouth Development Corporation - Grading and drainage plan, Minnetonka; Application No. 79-85. The engineer reviewed the application of Plymouth Development Corporation for grading and drainage plan approval of property north of State Highway 12 at Plymouth Road. The engineer for the applicant appeared and explained the concept proposal to the managers. The District's engineer recommended concept approval of the grading and drainage plan subject to the following conditions: (1) Review of the applicant's calculations by the District's engineer; (2) permanent dedication by the applicant of the property proposed for a parking lot for storm water storage purposes; (3) permanent dedication by the applicant of an easement for storm water storage purposes over the proposed ponding area as shown on the plans submitted to the managers; (4) confirmation by the City of Minnetonka that the wetlands to the south of the property has sufficient volume to accommodate the increased runoff from the site; (5) addition of erosion control measures at the inlet to the pond; and (6) that the applicant seed the graded area promptly afer grading to minimize erosion, all calculations and confirmations to be provided to the engineer for his review and approval. Following discussion, it was moved by Russell, seconded by Thomas, that the grading and drainage plan be approved in concept as recommended by the engineer subject to the additional condition that the engineer report on the status of development and implementation of the foregoing conditions at the regular August and September meetings of the Board of Managers. Upon vote the motion carried. Page Four July 19, 1979 Applequist - Grading/drainage plan for a proposed car lot near State Highway 7 and Six Mile Creek - Minnetrista; Application No. 79-69. The engineer advised the managers that a request had been received from the applicant that the Board of Managers reconsider the permit issued~ by the Board of Managers in response to the application at the June 28, 1979 regular meeting. Mr. Applequist and his consulting engineer, Mark Gronberg, appeared to review the request and the nature of the proposal with the managers. Mr. Applequist advised the Board of Managers that the City of Minnetrista had granted concept approval to the proposed plan with modifications as shown on the plan submitted by the engineer and made a part of this application. Mr. Applequist advised the managers that he would provide a proper delineation of the existing wetlands and agree to dedicate to permanent storm water storage purposes approximately 25 acres of wetlands adjacent to the property on which work was proposed. Following discussion, it was moved by Russell, seconded by Thomas, that the application be approved as proposed in the drawing submitted by the applicant's engineer with final delineation of the adjacent wetlands to be submitted to the District's engineer for approval. Upon vote the motion carried. Northgate Partnership - Grading/drainage plan for a 7-lot subdivision located west of Ferndale Road and north of the Luce Line Trail - Orono; Application No. 79-83. The engineer reviewed the application for grading and drai~age plan approval and recommended approval of the plan with the addition of a culvert under the proposed road- way and dedication of a permanent easement over the proposed drainage area as shown on the plan submitted to the managers and made a part of the permit application. Following discussion, it ws moved by Thomas, seconded by Russell, that the application be approved with the condition that the applicant install a culvert under the proposed roadway and permanently dedicate the proposed drainage area as shown on the plan. Upon vote the motion carried. Page Five July 19, 1979 Correspondence. The attorney noted receipt of a permit from the U. S. Army Corps of Engineers dated July 10, 1979, for the Headwaters Control Structure. The managers directed that the permit letter be filed with the permanent records of the project. The attorney further noted receipt of Resolution No. 5949 from the City of Minnetonka dated July 2, 1979, accepting and approving the plans of the District for improvements associated with the Grays Bay Dam site portion of the Minnehaha Creek Improvement Project. The managers directed that the resolution be filed with the permanent records of the project. The attorney further noted a letter of approval from the Metropolitan Council dated July 3, 1979, approving the amended plans for the Minnehaha Creek Improve- ment Project. The managers directed that this letter be made a part of the permanent records of the project. The eng.ineer noted receipt of correspondence from the United States Environmental Protection Agency reflecting its decision to defer consideration of the pending petition to designate the Twin Cities metropolitan area as having an aquifer system which is a sole or principal source of drinking water. Treasurer's Report. The treasurer distributed the monthly administrative fund report dated July 19, 1979, a copy of which is attached. Treasurer Russell noted receipt of the tax settlements from Hennepin and Carver counties and noted that the previously authorized temporary loan from the maintenance fund to the administrative fund of the District was being repaid from that tax levy. Following discussion, it was moved by Thomas, seconded by Cochran, that the treasurer's administrative fund report dated July 19, 1979, be approved and the bills paid as set forth in that report. Upon vote the motion carried. Following additional discussion, it was moved by Thomas, seconded by Cochran, that the treasurer be authorized and dfrected to invest the present balances in the administrative and maintenance funds as authorized by law as the treasurer deems reasonable and prudent. Upon vote the motion carried. Page Six July 19, 1979 The treasurer then distributed the first Minnehaha Creek Improvement Project fund report dated July 19, 1979, a copy of which is attached. The treasurer explained the format of the report and the deposits to the account reflected in the report and recommended that no payments be made from the Minnehaha Creek Improvement fund account. Following discussion, it was moved by Cochran, seconded by Thomas, that the Minnehaha Creek Improvement fund account report dated July 19, 1979, be approved as submitted by the treasurer. Upon vote the motion carried. Following further discussion, it was moved by Thomas, seconded by Cochran, that the treasurer be authorized and directed to invest funds presently placed in the Minnehaha Creek Improvement Fund account as authorized by law as the treasurer deems reasonable and prudent. Upon vote the motion carried. Waterways Maintenance and Repair Fund. The managers noted receipt of a request from the City of Tonka Bay for assistance from the district's Water- ways Maintenance and Repair Fund to riprap Manitou Channel. The managers directed the engineer to secure further information with respect to the nature and extent of the work proposed and to report back to the managers at the next regular meeting. The managers also directed the engineer to advise the municipalities within the district that the managers would consider proposals for allocations from the Waterways Maintenance and Repair Fund with preference being given to those where immediate maintenance needs exist and where participatory funding by the municipality is proposed. Minnehaha Creek Improvement .P~oject. The engineer distributed final plans and technical specifications and estimated total costs of the Minnehaha Creek Improvement Project for review by the managers. Following review and discussion with respect to the documents submitted by the engineer, Manager Thomas made the following resolution and moved its adoption, seconded by Russell: Page Seven July 19, 1979 WHEREAS, the Board of Managers of the Minnehaha Creek Watershed District on April 20, 1978, by resolution duly adopted, authorized and ordered the Basic Water and Land Management Improvement Project for Minnehaha Creek in the manner petitioned for by the cities of Minneapolis, Edina, St. Louis Park, Hopkins, Minnetonka and the Minneapolis Park and Recreation Board, as those projects are described in the Amended Preliminary Engineering report of the district engineer dated December, 1977; and WHEREAS, the Board of Managers, on April 20, 1978, directed the engineer to make the necessary surveys and prepare such final plans and specifications as are necessary to construct the proposed improvement and to report the final plans and specifications to the managers according to the schedule established by the managers; and WHEREAS, the Board of Managers, on April 20, 1978, by resolution duly adopted, authorized the levy of the tax not to exceed 1/3 of a mill for the period of time necessary to obtain the funds required to pay the costs of the Basic Water and Land Management Improvement Project; and WHEREAS, the previously approved final design of each of the downstream projects has been reviewed with each petitioning municipality; and WHEREAS, the engineer has submitted final plans and specifications and estimated costs of the project to the managers; NOW, THEREFORE, be it resolved: 1. That the final plans and specifications for the project prepared by the district's consulting engineer consisting of technical specifications dated July 19, 1979, plans consisting of sheets 1-1 through 1-8; 2-1; 4-1 through 4-10; and 5-1 and 5-2, all inclusive, dated July, 1979, and the engineer's estimated total cost of the project dated July 19, 1979, including the costs of construction, supervision and administration are hereby acce~ted and approved. Page Eight July 19, 1979 2. That a copy of the engineer's final design shall be transmitted forthwith to the Water Rescurces Board for filing as required by statute. 3. That a copy of the engineer's final design of the project shall be transmitted forthwith to the Department of Natural Resources pursuant to the order of the Commissioner of the Department of Natural Resources dated June 13, 1978, for the issuance of a permit from the DNR for the control structure. 4. That a copy of the engineer's final design of the project shall be transmitted forthwith to the United States Army Corps of Engineers. 5. That the district staff is authorized and directed to prepare all necessary advertisement, bid and contract documents for the project and to advertise for bids for the construction of the improvements for the Basic Water and Land Management Improvement Project for Minnehaha Creek, that all bids be received in the office of the engineer for the District, E. A. Hickok & Associates, 545 Indian Mound, Wayzata, Minnesota 55391, on or before 4:30 P.M. on September 6, 1979, and that bids be opened in the office of the engineer at 5 o'clock P.M. September 6, 1979, during a special meeting of the Board of Managers of the Minnehaha Creek Watershed District. 6. That the Board of Managers of the Minnehaha Creek Watershed District will consider acceptance or rejection of the bids at the regular meeting of the Board of Managers commencing at 7:00 P.M., September 20, 1979, in the Wayzata City Hall, Wayzata, Minnesota. 7. That a copy of this resolution accepting the final plans and specifications for the Basic Water and Land Management Improvement Project for Minnehaha Creek be filed with the Secretary of the Minnehaha Creek Watershed District and that certified copies thereof be filed with the Minnesota Water Resources Board, the Commissioner of the Department of Natural Resources, the Director of the Division of Waters of the Minnesota Department of Natural Resources, the county board$~of Hennepin and Carver counties and each of the petitioning municipalities. Page Nine July 19, 1979 The question was on the adoption of the resolution and there were 3 yeas and 0 nays as follows: COCHRAN Yea LEHMAN Absent RUSSELL Yea THOMAS Yea GUDMUNDSON Absent WHEREUPON, the Chairman declared the resolution adopted. The attorney noted receipt of the executed cooperative agreement with Hennepin County and the associated easement for construction, operation and maintenance of the dam and control structure. The attorney further reported that the easement had been recorded in the office of the County Recorder, Hennepin County, Minnesota. Adjournment. There being no further business to come before the meeting, Chairman Cochran declared the meeting adjourned at 11:15 p.m. Respectfully submitted, John E. Thomas Secretary