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79-11-13 CITY QF MOUND Mound, Minnesota CM 79-402 CM 79-407 CM 79-400 CM 79-403 CM 79-406 CM 79-408 CM 79-405 CM 79-409 CM 79-404 Ch 79-399 CM 79-410 CM 79-411 CM 79-412 CM 79-401 AGENDA Mound City Council November 13, 1979 City Hall 7:30 P.M. 4. 5. 6. 7. 8. 10. 11. 12. 13. 14. 15. 16. 17. Minutes Pg. 3182-3188 Public Hearings A. Continuation-Street Vacation-Portion of Kildare Pg. 3178-3181 B. Special Use Permit-Auto Repair & Warehouse or Offices Pg. 3174-3177 C. Delinquent Utility Bills Pg. 3172-3173 Variance Request - Lots 10 & 11, Block 14, Seton Pg. 3171 Planning Commission Minutes Pg. 3106-3170 Industrial Revenue Bonds Pg. 3094-3105 A1 & Alma's - Special Use Permit Pg. 3092-3093 Street Construction Bids A. Storm Sewer - Rustic Park Pg. 3086-3091 B. Snow Removal Industrial Revenue Bond Criteria Pg. 3082-3085 Comments & Suggestions by Citizens Present (2 Minute Limit) Replacement Commerce Boulevard Watermain Pg. 3081 Water Interconnection - Spring Park Pg. 3076-3080 Tax Forfeit Land A. Lot 1, Block 26, Wychwood Pg. 3075 B. Lot l, Block 3, Devon Pg. 3073-3074 Delinquent Utility Bills Pg. 3071-3072 ~)~2~ Payment of Bills Information Memorandums/Misc. Pg. 3045-3070 Committee Reports Page 3189 CLAYTON L, L£FEVERE CURTIS A. PEARSON JOHN B. DEAN GLENN E. PURDUE HERBERT P. LEFLER HARY J. ~JORKLUND THOMAS D. CREIGHTON LAW OFFICES L£FEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ IIOO FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA November 9, 19 79 TELEPHONE: {6IZ) 333- 0543 Mr. Len Kopp, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Street Vacation; Industrial Development Bonds. Dear Len: This will confirm our conversation of November 7, 1979. I had previously told. you that in lieu of Bob Shandling's report dated November 5, I did not think that the City Council could vacate part of Kildare Road for the reasons set forth in his report. I call your attention to Minnesota Statutes 412. 851 which indicates that a vacation over a street or public easement may be accomplished but wherein the statute also states "No such vacation shall be made unless it appears in the interest of the public to do so after a hearing preceded_ by two weeks published and posted notice." You have now indicated that the Council wants to know if they can vacate the portion where the man's house encroaches on the right of way. In my opinion, it becomes a question of fact as to whether that limited kind of vacation is in the best interest and will have an adverse ~affect on the public's right to maintain and use Kildare Road. I think the Council could find that a very minimal vacation would be in order, but then I would recommend a legal description being prepared by the engineer vacating the very. least amount possible and have my file reflect that Mr. shandling indicates that such a vacation would not be adverse to the p~lic's interest and the ability of his department to maintain the public facilities. The second question you raised related to Industrial Development bonds and limiting the amount to be issued. You asked me if there was a statutory limitation of 5% of the assessed value of the community. I hereby inform you that there is no statutory limitation of 5% 'and the Council can set that limit higher or lower as it may LAW OF"FI C E S LEFEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ Page 2 Mr. Len Kopp, City Manager November 9, 1979 desire. I further point out that what the Council is now consid~ering are criteria which will not be in the form of an ordinance but will act as a guideline to the City staff and the people who may want to use this kind of financing. CAP:ih Very truly yours, Curtis A. Pearson, City Attorney 11-13-7~9 CITY OF MOUND Mound, Minnesota November 13, 1979 COUNCIL MEMORANDUM NO. 79-413 SUBJECT: Bids - Snow Removal Bids for snow plowing for the 1979-1980 winter season have been received from Illies and Sons and from Widmer Bros., Inc. Copies of th= bids are attached. It is recommended the low bid of Illies and Sons be accepted. · -' ? The City .2 These Th, successful bidder will s~nd the bill for above servlc~ to the Ci%y on a monthly basis. bids are to be firm for the 1979-1980 winter snow removal season. EQUIPM~L%JT & OPERATOR Front End Loaders: (2 or ?~ yd bucket) . S~ngle ~xle, ~ yd bo~._ . L{S5 sll o%he~ e~i~nt %o be used for p~rk~ng ~o5' snow The C~ty re~e{'re~ right to reject ~ny 8nd 811 P~, and walve 8ny · ~' ' inform~llt~es. ~The successful bldder will s~nd the bill for ~bove servic~ to the City . on a monthly basis. These bids are to be fim for the 1979-1980 winter snow removal season. Ct EQUIPNEM. T & OPERATOR Hourly Rate Front End Lo~ders: (2 or ?½ yd bucket) Trucks: List all other e~i.~enh to be used for p~rkin9 ich' snow r~oval, hourly rate with operator. '- · .. --.~. . ~ ~ -~ - Bid Bond included with this bid, REGULAR MEETING OF THE CITY ~OUNCIL October 23, 1979 Pursuant to due call and notice thereof a regular meeting of the Cit~ Council of the City of Mound, Hennepln County, Minnesota was held at 5341Maywood-Road in said City on October 23, 1979 at 7:3'0 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Robert Polston and Benjamin Withhart. Also present were Acting City Manager Mary H. Marske, City Attorney Curtis A. Pearson and Assistant City Engineer John Cameron. MINUTES The minutes of the meeting of October 9, 1979 were presented for consideration. Swenson moved and Polston Seconded a motion to approve the minutes of the meeting of October 9, 1979 as submitted. The vote was unanimously in favor. PUBLIC HEARING Vacation of Cumberland Road from Stratford to Tuxedo The Mayor reopened the public hearing and persons present to do so were afforded an opportuntity to express their views thereon. The following persons presented questions or comments: M. L. Syckes, 5900 Beachwood The Mayor then clbsed the public hearing.. Swensbn moved and Withhart seconded a motion RESOLUTION 79-450 RESOLUTION AUTHORIZING THE VACATION OF CUMBERLAND ROAD FROM STRATFORD TO TUXEDO. The vote was unanimously in favor. COUNTY ROAD 110 PARKING - COMMERCE BOULEVARD Mr. A1 Herzog of the Hennepin County Highway Department was present to explain two alternatives the County proposes for the parking problem on Lynwood Boulevard and Commerce Boulevard. Person presenting comments or questions included: JMike Mueller George Shepherd Dr. Kenneth Romness Councilmember Ulrick arrived at 8:20 p.m. Withhart moved and Lovaasen seconded a motion to approve the County alternate #2 with a ten foot parking lane. Roll call vote was Withhart and Lovaasen in favor and Ulrick, Polston and Swenson against, the motion failed. Polston moved and Ulrick seconded a motiOn to refer this item back to the County requesting they consider matching the proposed sidewalk to the existing sidewalk and provide parallel or. angular parking along the interior sidewalk. Roll call vote was Ulrick, Polston and Swenson in favor and Withhart and Lovaasen against, motion passed. STREET CONSTRUCTION The Assistant Engineer advised the Council that the Cumberland Road easements had been negotiated by the Mayor and engineer.. Polston moved and Withhart seconded a motion RESOLUTION 79-451 RESOLUTION AUTHORIZING THE EtlGINEER AND ATTORNEY TO DRAFT THE NECESSARY EASEMENT AND REPLACE A 2" DIAMETER TREE NOT TO EXCEED $1,300. The vote was unanimously in favor. October 2~ 1979 tarson Retaining Wail - Monmouth Road withha~t moved and Polston seconded a motion RESOLUTION 79-452 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE ENGINEER TO CONSTRUCT A RETAINING WALL AT AN ESTIMATED COST O'F $1,600~ The vote was unanimously in favor. SPECIAL ASSESSMENT - PID 13-117-24 32 O125 Swenson moved and Polston seconded a motion RESOLUTION 79-453 RESOLUTION CORRECTING AN ERROR IN THE SPECIAL ASSESSMENTS OF 1978 MOUND STREET IMPROVEMENTS AND ADOPTING A SUPPLE- MENTAL ASSESSMENT.PURSUANT TO MINNESOTA STATUTES SECTION 429.071 The vote was unanimously in favor. Withhart moved adn Swenson seconded a motion RESOLUTION 79-454 RESOLUTION REQUESTING THE CITY STAFF TO INVESTIGATE THE POSSIBILITY OF VACATING CHURCH ROAD The vote was unanimously in favor. INDIAN MOUND PARK & COMMUNITY DEVELOPMENT GRANT Chuck Reisenberg was present to inform the Council of the status of the C.D. .grant application. The Council concurred with the recommendation of the planner. H.U~D~ GRANT Withhart moved and Swenson seconded a motion RESOLUTION 79-455 '~ RESOLUTION PROVIDING FOR A PUBLIC HEARING ON THE H.U.D. YEAR VI GRANT TO BE HEARD ON DECEMBER 4, 1979 AT 7:30 P.M. The vote was'unanimously in favor. JOINT MEETING - COUNCIL AND PLANNING COMMISSION The Council determined to set a joint meeting date with the Planning Commission on November 12, 1979 and possibly continued on November 20, 1979 and the City Planner will set the agenda. H.U.D. GRANT TO PAY SPECIAL ASSESSMENTS Withhart moved and Polston seconded a motion RESOLUTION 79-456 RESOLUTION AUTHORIZING THE PAYMENT OF GRANT FUNDS AS RECOMMENDED BY THE STAFF TO ELIGIBLE APPLICANTS. The vote was unanimously in favor. TAX FORFEIT LAND - LOT 3, BLOCK 27, WYCHWOOD The Mayor advised the Council that the property has changed ownership and the new owner Will resubmit the request to purchase the property. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT No comments or suggestions were presented at this time. BINGO PERMITS Mound Fire Department Auxiliary Ulrick moved and Withhart seconded a motion RESOLUTION 79-457 RESOLUTION AUTHORIZING THE ISSUANCE OF A BINGO PERMIT TO THE MOUND FIRE DEPARTMENT AUXILIARY. The vote was unanimodsly in favor. October2'3,1979 Tonka Alano House PoJston moved and Withhart seconded a motion RESOLUTION 79-458 RESOLUTION AUTHORIZING THE ISSUANCE OF A BINGO PERMIT TO THE TONKA ALANO HOUSE The vote was unanimously in favor. WATER REVENUE BOND LEVY . Ulrick moved and Polston seconded a motion RESOLUTION 79-459 RESOLUTION REQUESTING THE COUNTY AUDITOR NOT TO LEVY $20,918.63 FOR 1976 WATER REVENUE BONDS The vote was unanimously in favor. DELINQUENT UTILITY BILLS Swenson moved and Withhart seconded a motion RESOLUTION 79-460 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING DELINQUENT UTILITY ACCOUNTS TO BE HEARD'NOVEMB'ER 13, 1979 AT 7:30 P.M. The vote was unanimously in favor. ORDINANCE CHANGE - SECTION 26.06 Swenson moved adn Withhart seconded:a motion to adopt the Ordinance h~rein .quoted by title: ORDINANCE 402 AN ORDINANCE AMENDING SECTION 26.06 SUBSECTION (C) OF THE CITY CODE ESTABLISHING STANDARDS FOR GARAGE LOCATIONS The' vote was unanimously in favor, so ordained. See Ordinance Book page . PAYMENT OF BILLS Polston moved and Swenson seconded a motion to approve the payment of the bills as submitted on the prelist in the amount of $59,868.72 where funds are available. Roll Call vote was unanimously in favor. HOME IMPROVEMENT GRANT PAYMENT REQUEST Withhart moved and Swenson seconded a motion authorizing payment of claims submitted under the Home Improvement Grant program in the amount of $4,392,89~ The vote w~ unanimously in favor. FALL TRASH PICKUP Withhart moved and Swenson seconded a motion RESOLUTION 79-461 RESOLUTION AUTHORIZING THE pUBL!C WORKS D!RECTOR TO CONTRACT WITH WOODLAKE SANITATION-FOR THE FALL TRASH P!CKUP NOTING THAT OTHER QUOTES WERE'SOUGHT BUT WERE UNATTAINABLE. The vote was.unanimously in favor. TYPEWRITER PURCHASE .. Withhart moved and Polston seconded a motion RESOLUTION 79-462 RESOLUTION AUTHORIZING THE PURCHASE Or THREE.T¥~E~R!TERS FOR A TOTAL OF $2,358 BEFORE THE PRICE !NCREASE, The vote was unanimously in favor. 137 October 23, PAYMENT REQUEST - TREE REMOVAL Withhart moved and Lovaasen seconded a m6~ion RESOLUTION 79-463 RESOLUTION AUTHORIZING THE PAYMENT OF $1,867.50 TO' EAGER BEAVER TREE SERVICE FOR REMOVAL OF DISEASED TREES The vote was unanimously in favor. MILEAGE REIMBURSEMENT Withhart moved and Polston seconded a motion RESOLUTION 79-464 RESOLUTION AUTHORIZING THE INCREASE OF MILEAGE ALLOWANCE TO CITY EMPLOYEES TO $.19 PER MILE EFFECTIVE NOVEMBER 1, 1979. The vote was unanimously in favor. SOLAR HEATING SYSTEMS Withhart moved and Polston seconded a motion .- ~ .... . ." .... ~ RESOLUTION REGARDING SOLAR HEATING SYSTEM INSTALLATION IN LOW AND MODERATE INCOME HOUSING. Ul'rick moved and Lovaasen seconded a motion to table this resolution. The Vote was four in favor with Polston voting nay. 'OTHER MATTERS DISCUSSED Councilmember Swenson asked about the Zulke property'at 4705 Island View Drive and the bus garage drainage and asked the attorney to explain his letter regarding the telephone case. Councilmember Withhart commented on the Third Stone Music matter and suggested the Council consider an ordinance setting time limits for Trick and Treating. Polston moved and Withhart seconded a motion to refer the suggestion of solar heating systems to the City Planner for input. The vote was unanimously in favor. ADJOURNMENT · Ulrick moved and Withhart seconded a motion to adjourn to the next regular meeting on November 6, 1979 at 7:30 p.m. The vote was unanimously in favor, so adjourned. Mary H. Marske CMC, City Clerk/Treasurer Mary H. Marske, Acting City Manager 31 REGULAR MEETING OF THE CITY COUNCIL November 6, 1979 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, Minnesota was held at 5341Maywood Road in sa|d City on November 6, 1979 at'7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Robert Polston, Donald Ulrick and Benjamin Withhart. Also present were City ManagEr Leonard L. Kopp, Assistant City Engineer John Cameron and City Clerk Mary H. Marske. PUBLIC HEARING On Sale Beer License - Branty's Restaurant The City Clerk presented an affidavit of publication in the official newspaper of the notice of public hearing on said on sale beer license. Said affidavit was then examined, approved and ordered filed in the office of the City Clerk. The Mayor then opened the public hearing and persons present to do so were afforded an opportunity to express their views thereon. No persons!presented objections and the Mayor then closed the public hearing. Swenson moved'and Withhart seconded a motion RESOLUTION 79-465 RESOLUTION AUTHORIZING THE ISSUANCE OF AN ON SALE BEER LICENSE TO BRANTY'S The vote was unanimously in favor. Vacation of Part of Kildare Road Swenson moved and Withhart seconded a motion to acce~t the recommendation of the Public Works Director and direct the staff to refund the application. Lovaasen moved and Polston seconded a motion to continue this item until November 13, 1979. The vote was unanimously in favor. VARIANCE REQUEST - LOTS 10 & 11, BLOCK 14, SETON Ulrick moved and Polston seconded a motion to continue this item until November 13, 1979. The vote was unanimously in favor. STREET CONSTRUCTION Retaining Wall - 4667 Hampton Road Ulrick mo~ed and Polston seconded a motion to construct the retaining wall requested with the stipulation that the project pay one third of the cost and the other two thirds be assessed to the property owner. Roll call vote was two in favor with Swenson, Lovaasen and Withhart voting nay. Motion failed. Retaining Wall - Stirling & Tuxedo Polston moved and Withhart seconded a motion RESOLUTION 79-466 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE EN- ' GINEER AND AUTHORIZE CONSTRUCTION OF A RETAINING WALL AT AN ESTIMATED COST OF $2,000. The vote was unanimously in favor. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT Ann Thomas an observer for the League of Women Voters introduced herself and informed the Council that a League member will be observing future meetings. November 6, 1979 1978 AUDIT J. Gregory Murphy representing George M: Hansen, Auditors briefly described the City's financial status and answered questions posed by the Council. The Council requested the staff prepare a report on procedures t'o implement the suggestions made by the auditor for the November 27, 1979 meeting. 911 PLAN FOR HENNEPIN COUNTY - Withhart moved and Polston seconded a motion . RESOLUTION 79-467 RESOLUTION AUTHORIZING THE CERTIFICATION OF THE FINAL 911 PLAN FOR HENNEPIN'COUNTY. The vote was unanimously in favor. SWENSON AGENDA REQUEST Councilmember Swenson expressed concern regarding the amount of overtime being put in by the police officers. The Chief of Police explained that injury on duty accidents had left the department short handed and all'other officers are putting in overtime to cover the shift schedule. INDUSTRIAL REVENUE BOND CRITERIA Swenson moved and Withhart seconded a motion to set a minimum bond sale at $~75,OOO and a minimum escrow amount of $2,500. The vote was.unanimously in favor. Withhart mbved and Swenson seconded a motion to continue this item until November 13, 1979. The vote was unanimously in'favor. TRANSFER OF FUNDS Polston moved and Withhart seconded a moti'on RESOLUTION 79-468 RESOLUTION AUTHORIZING THE TRANSFER OF CERTAIN CITY FUNDS The vote was unanimously in favor. PAYMENT OF BILLS Withhart moved and Polston seconded a motion to approve payment of the bills as presented on the prelist in the amount of $63,971.O4 where funds are available. Roll call vote was unanimously in favor. WINE LICENSE APPLICATION Swenson moved and Lovaasen seconded a motion RESOLUTION 79-469 RESOLUTION AUTHORIZING THE REFUND OF THE WiNE LICENSE APPLICATION FEE TO THE HOUSE OF MOY. The vote was unanimously in favor. OTHER ITEMS DISCUSSED Counoilmember Withhart informed the Council' of a retreat this coming weekend for the staff and elected officials'with the West Hennepin Human Services Board. Withhart moved and Lovaasen seconded a motion requesting the Mayor to write a letter to the City of Mound employees regarding their generous response to the United Way campaign. The vote was unanimously in favor. Polston moved and Withhart seconded a motion RESOLUTION 79-470 RESOLUTION AUTHOR'IZING THE CITY OFFICES TO BE CLOSED FRIDAY, NOVEMBER 23, 1979 TO ALLOW THE CITY EMPLOYEES AN EXTENDED THANKSGIVING BREAK. The vote was unanimously in favor. November G, 1979 Councilmember Polst~n r%quested the City staff investigate the possibility of selling revenue bonds for the construction of a facility for the public works department and the public safety'department. Councilmember Ulrick requested the City Clerk to call roll call votes on a rotation basis. PURCHASE OF FILL FOR ISLAND PARK PARK L~vaase'n'mo~e~ and ~ols'ton seconded a motion RESOLUTION 79-471 RESOLUTION AUTHORIZING THE PUBLIC WORKS DEPARTMENT TO PURCHASE FILL FOR ISLAND PARK PARK FROM THE GLEN LITFIN COMPANY AT THE PRICE OF $4.00 PER YARD DELIVERED. The vote was unanimously in favor. The Public Works Direc[or advised the Council of a water line break and the problems created when property owners make inadequate repairs to their llne from the City mains. The City Manager advised the Council of the County's plan to replace water main on County Road 110. ADJOURNMENT Swenson moved and Polston seconded a motion to adjourn to the next regular meeting on November 13, 1979 at 7:30 p.m. The vote was unanimously in favor, so adjourned.' .L Mary H. Marske CMC, City Cl~rk/Tr~:,~surer Leonard L. Kopp, City Manager 11 - 13-79 CITY OF MOUND Mound,'Minnesota November 8, 1979 COUNCIL MEMORANDUM NO. 79-402 SUBJECT: Public Hearing Continuation - Street Vacation The Council continued the public hearing on vacating a portion oF Kildare Road until November 13th. (Refer to C.M. ?9-394 and C.M. ?9-398) The problem on whether or not the portion of the right-of-way the house trespasses on can be vacated is to be discussed. 7_ Leonard L. Kopp 3171 ' Minnegasco. Minnesota Gas Company 733 marquette avenue, minneapolis, minnesota 55402 November 5, 1979 }.ts. Mary H. Marske Acting City Manager City of Mound 5341 Maywood Road Mound, Hinnesota 55364 RE: Vacation of part of Kildare Road adjacent to Lots 10 and 11, Block 14, Seton Dear Ms. Marske: Since our existing 1 1/4-inck steel gas main is at approximately 5 feet SoutD of the North. line of Kildare Road, x~e have no objection to the pro- posed vacation of the South 4 feet of that part of Kildara Road described above. Very truly yours, ~., ~~." . . . ?' /'i /~.~. William R. SdUram Real Estate Section WRS/lr NORTHERN STATES POWER MINN ETONKA DIVISION EXCELSIOR. MINNESOTA 55331 l~o~ember 6, 1979 COMPANY City of Mound 5341Maywood Road Mound, Minnesota 55364 Attn: Mary H. Marske Acting City Manager Dear Ms. Marske: Regarding your letter on the vacation of part of Kildare Road adjacent to Lots 10 and 11, Block 14, Seton, we foresee NO NEED for that portion of Kildare Road. Sincerely, D. C. Flewelling ~ NSP - Mtka Div. CSR DCF/mf 3177 Continental ~eleph~e of Minnesota, Inc. South District P. O. Box 258 2365 Commerce Boulevord Mound, Minnesota 55364 (612) 472-8865 City of Mound 5341Maywood Road Mound, Minnesota 55364 ATTENTION: Mary Marske SUBJECT: Kildare Road November 2, 1979 Continental Telephone Company of Minnesota has no Objection to the narrowing of Kildare Road. We have a Buried Cable located on Kildare Road, but it is along the north Right-Of-Way line. Yours Truly, District Engineer CTC of Minnesota xc: George Kraemer Dave Penney RB:pjl 3/?S/ 11-1 CITY OF MOUND Mound, Minnesota November 8, 1979 COUNCIL MEMORANDUM NO. 79-407 SUBJECT': Public Hearing - Special Use Permit Lots 20, 21, 22 and 23, Block 2, Shirley Hills Unit F A public hearing has been called for issuance of a special use permit for Lots 20, 21, 22 and 23, Block 2, Shirley Hills Unit F for construc- tion and operation of an auto repair shop and a warehouse or office. The Planning Commission recommended as follows: That we approve the special use structure and area as shown and that, if a third parking bay (no less than 60 feet by 90 feet) similar to two shown could be provided for future parking, that we recommend to Council that contract parking not be necessary (Parking bays to be designated "A" - westerly bay, "B" easterly bay and future expansion bay - "C"); the special use permit to be granted with the following stipulations: A. Auto repair would not include body work, painting or similar type activities related to body work. B. Lighting in security parking should be shielded so as to not im- pair or encroach on single family dwelling abutting property. C. Either earthen berm and/or shrubbery or a privacy fence be erected on the south border of property to a height specified so as to shield the abutting single family dwelling of any noise or lighting. Berm would also direct flow of drainage toward right-of-way. Berm with shrubbery/fence to run 225 feet from SW corner easterly at rear lot line. D. At time improvement of parking area "C" becomes necessary to pro- vide parking for this structure, a privacy fence shall be erected from S.E. Corner of property northerly to street front setback of 31 feet. E. Storage area of auto repair to be screened by shrubbery barrier and be included on front northeast portion of lot - minimum height of shrubbery to be 5 feet. Attached is a copy of a note from an adjoining owner. 3/77 CITY OF MOUND Hound, Minnesota NOTICE OF PUBLIC HEARING ON APPLICATION FOR SPECIAL USE PERHIT FOR AUTO REPAIR AND WAREHOUSE OR OFFICES ON LOTS 20, 21, 22 AND 23, BLOCK 2, SHIRLE~ HILLS UNIT F NOTICE IS HEREBY GIVEN that on Tuesday, November 13, 1979, at 7:30 o'clock p.m. at the Mound City Hall, 5341 Maywood Road, Mound, Minnesota, a hearing will be held on the application for a Special .. Use Permit for Auto Repair and Warehouse or Offices on Lots 20, 21, 22 and 23, Block 2, Shirley Hills Unit F (Address would be 5257 or 5271 Eden Road). Al! persons appearing at said hearing will be given an opportunity to be heard. Mary- H/Marske, City Cle'rk-Treasurer TEE O~,fNER OF LOT. 20, Block 2, SHIRLEY I~ILLS, U~IT F }!AS I,?O/ OBJECTION TO 'f~lE GRANTING OF THE SPECIAL PERMIT. HOWEVER, %~HE PERSONS MAI~ THE REQUEST PROBABLY WANTED LOT 24, Block 2, Shirley Mills, Unit F, included in tbs raquest. TIlE ~EPuMIT-SHOULD BE~GRANTED FOR LOTS ~;20, 21, '22, 25, and 24, Block 2, Shirlsy Hills, Unit F. M. S. C. PROi~ERTIA$, LTD. ,.~r~rt E. W~ln~r 3176 APPLICATION FOR SPECIAL USE PERMIT VII. LAGE OF MOUND FEE OWNER ~'TZ t],[',/,,J lc~ LOCATION OF THE PROPERTY PL~T TELEPHONE PARCEL 2 - oazz ZONING. , (~0'~'- ~, . Signature of Applicant r~,(~ . , Tel. No. Applicant's Interest in Property .,-~',v~.t~' , ,' *' L~'~ ,? ¢ lC - .~.~.~ ~ i ~' ' 0 l~r~ (fi 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 1 feet: PLANNING COMMISSION RECOMMENDATION: __Approval with stipulations. (Refer to Plannin9 Com~!ssion Minutes) Sept. 24, 1979 '" DATE .... COUNCIL ACTION Resolution 79:432 adopted' 10-9-79 proyides for a public hearinq 11-13-7c. Resolution no. DATE · e13-79 CITY OF MOUND Mound, Minnesota November 8, 1979 COUNCIL MEMORANDUM NO. 79-400 SUBJECT: Public Hearing on Delinquent Utility Bills At the October 23rd meeting, the Council set November 13th as the hearing date on the attached list of delinquent water and sewer bills which are over six months past due. Payment of some of the accounts has been made and, if more are paid before the November 13th hearing, a revised list Will be available. -L~onard L. Kopp Account Number 22-259-5740-21 22-259-6601-51 22-292-6033-21 22-310-2881-81 22-310-4t40-8~ 22-310-3160-61 22-310-3198-61L 22-3~1-6385-hl 22-313-6324-~1 22-316-2882-3~ 22-~32-2611-~1 22-3~667-21 ~-~oh-~o~-o~ DELINQUI~T UTILITY BILLS (over six months old) o-16-79 Amount 37.09 103.29 192.95 , 25~.2-3 ?o /' - I ~,~8.8~ 73.38 .63.73 530.09 5~.~5 33 36.29 76.~1 ~,4_ -~ ~, ~' ~ ,, / '? 74.23 74.40 70.05 $1435.94 * Owner called ll-7-79 and advised he will pay $50.00 per month on account. 31 ~I~ 3-79 CITY OF MOUND Mound~ Minnesota November 8, 1979 COUNCIL MEMORANDUM NO. 79-403 SUBJECT: Variance Request - Lots lO & ll, Block 14, Seton This is a continued item from November 6, 1979 meeting - See Council Memorandum 79-397. This refers to the house affected by the Kildare partial street vacation. ~L$~onard L. Kopp 3171 11-13-79 CITY OF MOUND Mound, Minnesota November 8, 1979 COUNCIL MEMORANDUM NO. 79-406 SUBJECT: Planning Commission Minutes Attached is a copy of the Planning Commission minutes. The following require Council action: Item l. Non-conforming Use - Street Front & Side Yard Variances Lot 20, Skarp & Lindquist's Glen Arbor Zoned Residential B (Duplex) - 6,000 sq. ft. for single family The Planning Commission recommended the 15.8 foot street front vari- ance and a .4 foot side yard variance. The Administration concurs. The Planning Commission further recommended the street's vacation with consent of the Engineer. At one time, some residents used this alley as access to their garages. 2. Vacation - Essex Lane, Manchester to Dorchester The Planning Commission recommended vacation of this one block of Essex Lane. A public hearing is required. December llth is suggested. 3. Street Front Variance Lot 3, Block 4, Shirley Hills Unit A & Pt. of Lot 1, Block l, John S. Carlson Addition Zoned Residential B The Planning Commission recommended the 26 foot variance for the garage. The Administration concurs with the stipulation that a turn around area be built so cars coming from the garage do not back onto Shoreline Blvd. 4. Sudivision of Land Lots 6 through 9 and 18 through 21, Block 14, Avalon Zoned Residential B The Planning Commission recommended the land be divided into three par- cels (see legal description). Parcel A would have 14,000 square feet. Parcel B would have 6,200 square feet. Parcel C would have 7,740 square feet. The Administration concurs. 5. Non-conforming Use Lots Il & 12, Block 2, Shadywood Point Zoned A-1 The existing garage and boathouse are too close to the lots lines making the property non-conforming. 3/2',o Council Memorandum No. 79-406 Subject: Planning Commission Minutes - Page 2 Item 5. Planning Commission recommended construction of a deck and bedroom addi- tions within legal setbacks and stipulated the boathouse be removed within 6 months after completion of the house work. The Administration concurs. 6. Street Front Variance Lot 2, Block 3, The Bluffs .~ Zoned A-1 The Planning Commission recommended the 4 foot front yard setback. Administration concurs. ~ 7. Subdivision of Land Lots 10, ll and Part of 8, Block 5, Abraham Lincoln Addn. to Lakeside Park Zoned Residential B The Planning Commission recommended the division into two building sites providing all side yards be met. These buildings propose a 12' X 22' and a 12' X 24' garage. (Plans were developed prior to the ordinance change). 8. Lot Size Variance (Tabled) Lot 22 and Parts of Lots 19, 20 and 21, Block 12, The Highlands '9. Sign Variance Lots 5-11, Incl. & 14-19, Incl., Block 1, Shirley Hills Unit A The Planning Commission recommended approval of the construction of two signs as requested. The Administration concurs. 10. Street Front Variance - 10 Feet Lot 8, Skarp & Lindquist's Ravenswood Zoned A-2 The Planning Commission recommended a lO foot front yard setback. Administration concurs. The 11. Street Vacation - The part of Hampton Road between Lot 1, Block 9 and Lot 7, Block 10, Pembroke The Planning Commission recommended vacation. A public hearing is required; December llth is recommended. . 12. Possible Appeal - Lake Front Variance/Non-conforming Use Lot 56, Phelps Island Park 1st Division Zoned A-2 The Planning Commission recommended removal of the structure. 13. Height Variance Lots 9 & 10, Block 5, Sylvan Heights Zoned Industrial The Planning Commission recommended authorization of the 25 foot height variance for the construction of storage binds providing the Fire and Safety Departments approved. The Administration concurs. Council Memorandum No. 79-406 Subject: Planning Commission Minutes - Page 3 Item 1--4. Non-conforming Use - Side Yard Lot 4, Block 14, Devon Zoned A-2 The Planning Commission recommended accepting the existing non-conforming uses of a 6.89 foot street front variance and a 5.47 foot west side yard variance. 15. Subdivision of Land Plat 61223 Parcel 1710 Zoned A-1 The Planning Commission recommended dividing this parcel into two lots, ~ Parcel A - Metes & Bounds Description 10,O50 sq. ft. ~ Parcel B " " " 10,O15 sq. ft. .~ / The Administration concurs providing the applicant pays an additional 10 ~J feet of sewer lateral assessment and furnishes legal descriptions of the/ two parcels. / 16. Non-conforming Use Lots 9, 10, ll and ½ of 12, Block 16, Seton Zoned Residential B The Planning Commission recommended recognizing the existing 1.1' and 8.1' street front variances and a 13.5' garage variance. 17. Subdivision of Land Lots 9, 10, ll and S. ½ of 12, Block 16, Seton Zoned Residential B The Planning COmmission recommended dividing the land into two parcels. Parcel A - Lots 9 and 10 8,O00 sq. ft. Parcel B - Lot 11 & S.½ of 12 6,000 sq. ft. The Administration concurs providing there are no deficient water, sewer or street assessments. 18. Non-conforming Use Part of Lot 19, Auditor's Subdivision 170 Zoned Residential B The Planning Commission recommended approval of the 9 foot side yard variance to allow the dormer installation. The Administration concurs. 19. Side Yard Variance Plat 62114 Parcel 8735 Zoned A-1 The Planning Commission recommended a 1.6 foot side yard variance. Administration concurs. The "-"L&onard L. Kopp 31 .? MINUTES OF THE MOUND ADVISORY PLANNING COMMISSION MEETING October.29, 1979 Present were: Chairman Russell Peterson, Commissioners Gary Paulsen, Margaret Hanson, Lorraine Jackson, Gerald Smith and George Stannard; Council Representa- tive Gordon Swenson; City Inspector Henry Truelsen and Secretary Marge Stutsman. MINUTES The minutes of the October 8, 1979 Planning Commission meeting were presented for consideration. In Paragraph 1 under Workshop, delete all of line 4 and 5 after" ..... from lot line" and add "on either side". Hanson moved and Jackson seconded a motion to approve the minutes of the October 8th Planning Commission meeting as corrected. The vote was unanimously in favor. BOARD OF APPEALS 1. Non-conforming Use - Street Front and Side Yard Variances Lot 20, Skarp and Lindquist's Glen Arbor Arthur Lee was present. Hanson moved and Swenson seconded a motion to recommend accepting the variances as requested. The vote was unanimously in favor. Hanson moved and Swenson seconded a motion to recommend to the Council that vacation of the alley be considered dependent on getting a report by the City Engineer. The vote was unanimously in favor. 2. Street Vacation - Essex between Manchester and Dorchester Mrs. Steinmetz was present. Jackson moved and Smith seconded a motion to recommend the vacation of Essex Lane from Manchester to Dorchester subject to the City Engineer's approval and recommendation for any utility easements. The vote was unanimously i.n favor. o Street Front Variance Lot 3, Block 4, Shirley Hills Unit A & Part of Lot l, Block i, John S. Carlson Addition Matilda M. Puffer was present. Swenson moved and smith seconded a motion to grant 26 foot street front variance. The vote was unanimously in favor. Subdivision of Land Lots 6-9 and 18-21, Block 14, Avalon Smith moved and Jackson seconded a motion to move Item 4 to bottom of agenda as no one present on this item. The vote was unanimously in favor. Non-conforming Use Lots ll and 12, Block 2, Shadywood Point Stan Mierzejewski was present. Smith moved and Jackson seconded a motion to recommend granting the variance for a deck and for a bedroom addition with the stipulation that boat house 3 c7 Planning Commission Minutes October 29, 1979 - Page 2 5. (now being used for storage) be removed no more than 6 months after the completion of the house and, if any additions to garage are proposed'in the future, that the structure be moved at that time to conform to City's existing setback requirements. The vote was unanimously in favor. Street Front Variance Lot 2, Block 3, The Bluffs-Halsted Crest L. A. Donnay was present. Smith moved and Hanson seconded a motion to recommend variance be granted as presented. The vote was unanimously in favor. Subdivision of Land Lots !0, ll and Part of 8, Block 5, A. Lincoln Addition to Lakeside Park Craig Sandquist of Ridgestone Builders, Inc. was present. Jackson moved and Paulsen seconded a motion to recommend subdivision be approved and Council be advised that application was made prior to change of garage site size and that this be taken into consideration. Smith moved and Paulsen seconded an amendment that subdivision be granted as requested, but with stipulation that no variances of setbacks be allowed. The vote on the amendment was Swenson and Stannard - Nay~ all others in favor. The vote on the motion as amended was: Swenson and Stannard - Nay; all others in favor. Reasons for nay votes: With lots narrowing down to 28 feet on adjacant roadway, can see problems of people wanting to build larger garage than shown. Immediate neighbors are on much larger lots and this should be taken into consideration. Lot Size Variance Lot 22 and Part of Lots 19, 20 & 21, Block 12, The Highlands Roy L. Jensen was present. (Applicant was not present) Paulsen moved and Swenson seconded a motion to table to November 12th meeting. The vote was unanimously in favor. Note: Send note to Jenson and Gehring re meeting and possibility of addition- al land being added to this lot. Sign Variance Lots 5-11, Block l, Shirley Hills Unit A Oswin Pflug was present. Swenson moved and Jackson seconded a motion to recommend variances for 2 signs as requested be accepted. The vote was unanimously in favor. 10. Street Front Variance Lot 8, Skarp and Lindquist's Ravenswood Mr. & Mrs. Meier were present. Swenson moved and Smith seconded a motion to recommend l0 feet street front request be approved. The vote was unanimously in favor. Planning Commission Minutes October 29, 1979 - Page 3 11. Street Vacation - Part of Hampton ~oad (Next to Lot I, Block 9, and Lot 7, Block 10, Pembroke) Alfred d. Johnson and Clyde Case were present. Smith moved and Jackson seconded a motion to recommend the vacation retaining a permanent utility and drainage easement - this easement to be determined by the City Engineer. The vote was unanimously in favor. 12. 13. Lake Front Variance/Non-conforming Use Lot 56, Phelps Island Park 1st Division D~ Kempf~was present. Swenson moved and Paulsen seconded a motion to recommend building be removed. The vote was Smith and Hanson - Nay; Peterson, Jackson, Paulsen and Swenson voted Aye. Stannard had had to leave meeting just before this Item. Reasons for Nay votes: Smith - acknowledged non-conforming use and felt owner should be cited for not having taken out building permit; but did not feel it should be required to be removal as it had existed for many years. Hanson - same reasons as Smith - felt it extreme at this point. Height Variance Lots 9 & 10, Block 5, Sylvan Heights Wayne Hubin of Tonka Toys was present, Smith moved and Jackson seconded a motion to recommend approval subject to Fire and Safety Department's approval. Jackson moved and Smith Seconded a motion to amend the maximum height of structures to 48 feet or lower, The vote on the amendment was Swenson-Nay; all othe~voted Aye. on the motion as amended was Swenson-Nay; all others voted Aye. against on basis of appearance. The vote Swenson 14, Non-conforming Use/Side Yard Lot 4, Block 14, Devon William Dampier was present Swenson moved and Jackson seconded a motion to recommend accepting existing deficiencies -'6.89'street front variance and 5.47' west sideyard variance. The vote was Smith - Nay; all others in favor. Smith against expanding non- conforming use. 15. Subdivision of Land Metes & Bounds - Plat 61223 Parcel 1710 Nell E. Schoenhofen was present. PID # 23-117-24 31 0002 Swenson moved and Hanson seconded a motion to recommend granting the subdivision of land as requested. The vote was unanimously in favor. Planning Commission Minutes October 29, 1979 - Page 4 16 & 17 Non-conforming Use & Subdivision of Land Lots 9, 10, 11 and Part of L2, Block 16, Seton Smith moved and Swenson seconded a motion to move 'these items to bottom of agenda as applicant not present. The vote was unanimously in favor. 18. Non-conforming Use Part of Lot 19, Auditor's Subdivision 170 Russell Mader was present. Smith moved and Hanson seconded a motion to recommend accepting variance to allow expanding dwelling with a 2nd story dormer. The vote was unani- mously in favor. 19. Side Yard Variance Metes & Bounds - Plat 62114 Parcel 8735 PID # 14-117-24 41 0017 Gregg Miller was present. Smith moved and Jackson seconded a motion to grant 1.6 foot side yard vari- ance as requested. The vote was unanimously in favor. 16. Subdivision of Land Lots 6-9 & 18-21, Block 14, Avalon Hanson moved and Smith seconded a motion to approve the subdivision as requested. The vote was unanimously in favor. Non-conforming Use Lots 9, 10, Il and Part of 12, Block 16, Seton Smith moved and Jackson seconded a motion to recognize the existing de- ficiencies of setbacks and approve refurbishing house as a single family dwelling. The vote was unanimously in favor. 17. Subdivision of Land Lots 9, IO, ll and South 1/2 of 12, Block 16, Seton Smith moved and Hanson seconded a motion to grant the subdivision of land as requested. The vote was unanimously in favor. Smith moved and Hanson seconded a motion to adjourn the meeting. All in favor, so adjourned. Attest: 31 .9 Page 1 AGENDA FOR MOUND ADVISORY PLANNING COMMISSION MEETING October 29, 1979 Minutes of the October 8, 1979 meeting. BOARD OF APPEALS 1. Arthur Lee, 2192 Chateau Lane Lot 20, Skarp and Lindqulst's Glen Arbor - Map 5 Non-conforming Use - Street Front & Side Yard Variances 2. Robert D. Steinmetz, 4700 Manchester Road Street Vacation - Essex between Manchester and Dorchester - Map 13 Matilda M. Puffer, 5013 Shoreline Boulevard Lot 3, Block 4, Shirley Hills Unit A & Part of Lot l, Block l, John $. Carlson Addition - Map 5 Street Front Variance Bonnie Hannaman, 4531 Manchester Road Lots 6,7,8,9,18,19,20 & 21, Block 14, Avalon - Map 13 Subdivision of Land Stan R. Mierzejewski, 1942 Shorewood Lane Lots 11 and 12, Block 2, Shadywood Point - Map 2A Non-conforming Use L. A. Donnay - Property Address, 6439 Bayridge Road Lot 2, Block 3, The Bluffs - Halsted Crest - Map 10 Street Front Variance Craig Sandquist for Ridgestone Bldrs., Inc. Lots 10,11 and Part of 8, Block 5, A. Lincoln Addn. to Lakeside Park - Map 5 Subdivision of Land Ronald S. Gehring - Property Address, 2967 Hazelwood Lane Lot 22 and Part of Lots 19,20 & 21, Block 12, The Highlands - Map 11 Lot Size Variance Oswin Pflug, 4851 Shoreline Blvd. Lots 5-11, Block 1, Shirley Hills Unit A Sign Variance - Map 5 10. Carl & Sharon Meier, 4888 Edgewater Drive Lot 8, Skarp & Lindquist's Ravenswood - Map 5 Street Front Variance Il. Alfred J. Johnson, 4601 Inverness Lane Adjacent to Lot l, Block 9 and Lot 7, Block 10, Pembroke - Map 13 Street Vacation - Part of Hampton Road 12. Donald Kempf, 3100 Island View Drive Lot 56, Phelps Island Park 1st Division - Map 13 Lake Front Variance/Non-conforming Use 31 3 Mound Advisory Plannin9 Comm. Meeting - 10-29-79 13. Tonka Toys, 5300 Shoreline Blvd. Lots 9 & 10, Block 5, Sylvan He,ights - Map 5 Height variance 14. William Dampier - 4853 Island View Drive . Lot 4, Block 14, Devon Hap 14 Non-conforming use - Side yard 15. Ne'il E Schoenhofen - 6116 Bartlett Blvd. Metes & Bounds - 61223/1710 PID #23-117-24 31 0002 Map 11 Subdivision of Land 16. John S. Kujak - 4397 Wilshire Blvd. Lots 9-10-11 & part of 12, Block 16, Seton - Map 7 Non-conforming Use 17. John S. Kujak (see above) Subdivision of Land 18. Russell J Mader - 5446 Bartlett Blvd. - Part of Lot 19 Auditor's Subd 170 metes & bounds - Map 8 Non-conforming use 19. Greg Miller - 5816 Lynwood Blvd. 62114/8735 14-117-24 41 O017 Metes & Bounds - Map 4 Side yard variance page 2 To : Planning 'From: City Inspector Date: October 17, 1979 ! on Subject: Board of Appeals_ October 29,' 1979 1. Arthur Lee - Lot 20, Skarp & L|ndqulst's Glen Arbor Non-conforming Use (house) Street Front & Side Yard Variances Wishes to add onto existing non-c~nforming use dwelling unit for the purpose of enlarging habitable area. Have no qualms with regard to the deficiency of the side yard but do have re- servations of being only".4.'2 ft. off City right-of-way. I had wondered if some- time in the past' the City should vacate the alleyway as all the properties abut- ting this alley have access off of public right-of-way and I don't really feel it would be needed (alley) for drainage purposes. Perhaps this consideration could be thought about for the up and coming right-of-way improvement for 1980. This would have a tendency to make less of a non-conforming use of this property by giving almost a 10 ft. rear yard setback in lieu of a 15 ft required setback. Robert D. Steimetz - 4700 Manche~te~ Road ':: = Street Vacat~6n'-.Essex between Manchester and Dorchester Contrary to Res. 780329 of 7-11-78, it appears that we no longer need this public right-of-way for drainage purposes as we have since installed the storm sewer system which now flows to Devon Lane and northerly to the wetlands area. I feel that this would be one right-of-way the City could vacate and the lands once again be put back on the tax rolls. Matilda M. Puffer - Lot 3, Blk 4, Shirley Hills Unit A & P/Lot 1, Blk 1 John S Carlson Addn. Street Front Variance Have no objections to the proposed addition of single stall garage provided that the turn around area is fabricated on the property itself so as to afford a for- ward ingress onto co~mty right-of-way. 4. Bonnie Hannaman - Lots 6, 7, 8, 9, 18, 19, 20 & 21Blk 14 Avalon Addn Subdivision of Land Favorable subdivision as presented. Good continunity of lot size to the area. 5. Stan R. Mierzejewski - Lots 11 & 12, Blk 2, Shadywood Point Non-conforming Use-Boat House & Existing Garage Can see no problem in allowing proposed addition to take place with stipulation that existing non-conforming boat house be removed from property prior to con- struction of addition. Also, that if any additions to garage are proposed in the future, that structure be moved at the time to conform to City's existing setback requirements. L.A. Donnay - Property address, 6439 Bayr|dge Road Lot 2, Block 3, The Bluffs - Halstead Crest Street Front Variance This may be an unusual request; however, it is my feeling that this is part of the superstructure, similar to a captain's deck and an encroachment of the set- 31&l planni, ng Com~i. ssi. on Meeting of 10-29-79 page two back line. I was under the i'mpressJon that Mr, Donnay also was i'ntendi'ng to extend his deck on the lakefront setbaCk. At thi's ti'me I; am unaware if that is still hi's intention, Craing Sandquist for Ri'dgestone Bldrs, Inc. Lots 10, 11 and P/8 Blk 5, A. Lincoln Addn to Lakeside Park Subdivision of land I feel thi's combi'nati'on~subdivision is not in the best interest of the Ci'ty and should be deni'ed, for the following reasons; Future garage locati'ons for a single family dwelling and thei'r sizes are not adequate, Legal descri'pti'on i's a highly entai'led metes & bounds descri'pti'on that ! feel is unnecessary, · Feel thi's property can be subdivided more advantageou§ly.'to allow future property owners better use of the land. Ron Gehr?ng ~ property address: 2967 Hazelwood Lane Lot 22 and P/19~ 20 & 21 Block 12~ The Highlands Lot Size Variance I can see no problem.in this subdtvision; however, Lot 23, which 'is north of Lot 22, a si'n~le lbt under'different ownerships· could be incorporated with Lot 22 to make an adequate buildi.ng si'te, If thi's subdivision i's approved, we are going to have'two'building sites undersized, each of 7~250 sq. ft. in an A~I zoning, requlri'ng 10,000 Sq,. ft, I somehow feel that th~s adds to our non-conformancy of buildable lands. 9~ Oswin Pflug - 4851 Shoreline Blvd. Lots 5 to 11. Blk 1~ Shi'rley Hills Unit A Sign Variance s isn"t .tb~.~.answer. Aesthetically, I feel thi ~~ HeTy Iruelsen HT/dd TO: FROH: DATE: SUBJECT: 10. 11. 12. 13. 14. Planning sion Bldg. Inspector 10-22-79 Board of Appeals - meeting'of 10-29-79 Addendum - page 3 Carl & Sharon Meier - 4888 Edgewater Drive Street front variance of 10 ft - Lot 8, S & L Ravedswood Can see no problem with the 1~.OO street front variance as in all prob- ability, when Edgewater Drive is improved, that, that portion of right- of-way will not be used. Have also mailed a copy of the Certificate of Survey and plat map of that area to the City Engineer. In all probability after right-of-way is completed,.maybe portions of that particular right- of-way area could be released or vacated by the City'and it could revert back to abutting property owners. Alfred J. Johnson - 4601 Inverness Lane Adjacent to Lot 1, Blk 9 and Lot 7, Blk 10, Pembroke Street vacation of part of Hampton Road At the time the feasibility report was done for right-of-way improvement of Hampton Road, the Engineer strongly advised NOT to continue Hampton Rd. to intersect with Inverness Lane because of theerratic topography of right~ of-way and the probable inadequancy of maintenance. Perhaps, the City should consider retaining a 20 foot wide utility easement for the purpose of drainage, at a later date. At present, there are no sewer or water mains in that portion of Hampton Road requested to be vacated. (Suggested ease- ment would be center line of roadway of 20 feet.) Donald Kempf - 31OO Island View Drive Lot 56, Phelps Island Park 1st Div. Lake Front Variance/Non-conforming use Remodeling on this particular structure was done without permits, as per encl. of his letter to me. My thoughts on these boathouses are to the effect they do not meet requirements of setbacks either with City zoning or the Minne- haha Creek Watershed District. I feel they should NOT be allowed to be ex- panded,, improved or maintained in such a way so as to allow their continued usage.' I feel they should be removed from the property. Tonka Toys - 5300 Shoreline Blvd. Lots 9 & 10, Slyvan Heights, Blk 5 62170/9070 Height variance Height variance of 25 feet, can see no problem in allowing this variance as we allowed a height variance for insulation of an incinerator appx 1-1/2 years ago. Perhaps this is something to consider in the new zoning ordinance for industrial use areas, height requirements should be considered for a change .to allow a probable maximum height of 50 feet and allow no variance from that. William Dampier - 4853 Island View Drive Lot 4 Blk 14, Devon - Non-conforming use At this writing, we have no Certificate of Survey from the surveyor but there is one forthcoming. I am aware at this time, there is a projection of the existing garage towards the west boundary line, at the northwest corner of the lot which abuts Island View Drive. This projection is possibly 3 to 4 ft and Planning Commission of Appeals meeting of 10-2 Addendum - page 4 I feel to get some sort of compllance with sldeyard requirements, whJch is 6 ft. 'this projection should be removed and so stipulated in the variance. 15. Nell E. Schoenhofen - Combination & Subdivision of Property P~rcel A - can meet the sideyard requirements and will have 10,050.46 sq ft. Parcel B - was a metes and bounds description at Northeasterly corner of parcel and would have 10,O15.33 sq ft to project subd. line northerly and not have triangle in legal description we would be ~ome 60 sq ft short of required 10,000 sq ft zoning requirement for that area. I feel the 60 sq ft shortage would not be de- trimental to zoning and would eliminate a rather unusual and messy legal descrip- tion. 16. John S Kujak - 4397 Wilshire Blvd. Lots 9-10-11 & p/12 Blk 16 Seton Non-conforming Use - Street front setback of existing structure also proposes to remove part of struc- ture and to expand two corners of structure so as to square off building. His intent is to change this from an existing two family structure into a single family structure, remove existing non-conforming garage and subdivide Lots 9 & 10 from this property, developing two parcels of land, hence subdivision application following. 17. John S. Kujak - Subdivision of Lan~ Can see no problem allowing subidivision as proposed. Lots 9 & 10 will have 8,000 sq. ft for single family dwelling, Lot 11 and So ½/1 of 12 as per survey will have 6,000 sq. ft. 18. Russell J Mader - 5446 Bartlett Blvd. Non-conforming Use The area is zoned duplex, there are two separate single family dwellings on the property, as survey shows. We have a unique situation, depending on how marjor boundaries of the area could be interpreted by the surveyor. Note as per Cert- ificate of Survey. The property could either be all in one or divided as shown and having a probable non-conformance of both side yards. I called the surveyor and talked the situation over with him. He feels they shc:uld probably contact legal advise and have the separated lands somehow incorporated into their own or have a court action that would make a: definite finding on how the parcel is represented. The intent of the Mader's is to install a second story dormer type addition to the existing home they are living in, which is the large of the two structures. Can see no problem in allowing them to expand the existing structure. It would be to their benefit to have a decision made by the court action to justify property description, however that is of no interest or liability to the City. 19. Greg Miller - 5816 Lynwood Blvd. Side yard variance Side yard variance of 1.5 ft. On the initial construction of the existing house, the contractor missed the location by 1.5 ft. The original plot plan for the permit showed a 14 ft wide garage, proposed to meet the setbacks un- fortunately at the time house was built, the street was tore up and also the rear yard lot line was tore up due to inadequacy of sewer and water facilities for that development. APPLICATION FO~ARIANCE CITY OF MOUND ~FEE $ ZONING 25.00 B NAME OF APPLICANT Arthur Lee PROPERTY ADDRESS P LA T 62090 2192 Chateau Lane PARCEL 4200 Address 2192 Chateau Te le phone Number __~72-6813 INTEREST IN PROPERTY Owner LOT 20 B LOCK ..... ADDITION S & L Glen Arbor 13-117-24 43 o121 FEE OWNER (if other than applicant)_ Address | ~' F--T ACCESSORY NO T E: FT.,[ SIDE ~ FT'! I FTJ YARD I ~/ LOT SIZE REAR I I LOTSQ' ~ YARD FT. FOOTAGE Telephone Number 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. 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. permit must be applied for within one year from the date of the [.~39~ council:r~solution or variance granted becomes null and void. not tr ble. ~ APPLICANT DATE 7/~'/7/ · ' '- Signature / / PLANNING COMMISSION RE COMMENDATION DATE COUNCIL ACTION: RESOLUTION NO.. DATE ;:-'non- conforming use ': 'ot06 '-tq~-u6u~ns~.~ moso/,m~ ,/") · ...~,~ ~-/~.;' 2:";---'~.) -~' ~-~'~ ~q - "~', t_~ '~- , . .,~"" ~/6' ~ tl ) ./ ~ ..:/~p. ~ 7 SBl) I)o]~G 'Pm~I pB~.s uo zo tu a_'Kuu J! ~s3uotuqogo.~m~o olqtst* IIe pug ~;..'uoo~aql 'Xuu ~ 's~u~pl!nq IIg 1o uo!l~]~oI Otll lo pm~ poq!aosop a,xoqg pugI Otll lo so~aupunoq ~"' atl~ lo. KOA.~ns U 10 uo~lg~uosoadoa l~oa.~o~ pun ona~ Xqoa ,')q :ao$ R~Aans S;40A~Akl ~S X Aans APPLICAT/,ON FOR STREHT VACATION CITY OF MOUND FEE $_ .LEGAL DESCRIPTION OF PROPERTY OWNED .BY APPLICANT: PLAT LOT_. ~-~ /. j ~ -- / '~' ¢ BLOCK / D SUBDIVISION PARCEL STREET TO BE VACATED ~ASON FOR REQUEST, '"': · :'-- -2 .... Applicant' s Interes~-~-~ Property Residents and owners of property abutting the street to be vacated: .. ,_~ :/~ .,~ _ 7, 0 Recommended by Utilities: NSP __; Minnega~co ; Recommended by City: Pub!lc Works _~/~.,; Fire Chie~ Police Chief Continental Tel. Engineer ~; . ; i 'McOOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS ~1 LAND SURVEYORS I~ SITE PLANNERS Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 October 19, 1979 Mr. Leonard Kopp City Manager 5341 Maywood Road Mound, MN 55364 Subject: City of Mound Vacation of Essex between Manchester and Dorchester Dear Mr. Kopp, The R.O.W. on Essex from Dorchester to Manchester is not needed for sewer, water, or storm sewer easements and all buildable lots fronting on the R.O.W. have access to the other streets. %~e would have no objection to vacating the street. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. Lyle Swanson, P.E. -LS:bb Minneapolis- Hutchinson - Alexandria - Granite Falls DEVON ESSEX LANE LANE ...... STRATFORD LANE ,,6./ CITY OF MOUND NAME OF APPLICANT F~tilda M. Puffer FEE $ ~-~JJ'~ zo Ns 2 ff ....... PROi~ERTY 5013 Shoreline Blvdo Mound ADDRESS PLAT 61990 PARCEL Z ~FO'- Address 501.~ Shor_eline Blvd. Mound Telephone INTEREST IN PROPERTY FEE OWNER (if other than applicant) Address VA RIAN.CE REQUESTED: ~R~N~ ' ACCESSORY YARD ~ FT.I BUILDING NOTE: SIDE YARD I FT.] LOT SIZE [ .... F.T,[ LOT, 3 BLOCK ADDITION John S. Carlson i' e. ~:;:T-"? .......... .::: ..... .... ~. Attach a survey AND scale d~awing showing location of proposed imp~ovemeut in relation to lot lines, other buildings on property and ~butfling streets. ~, Give ownership and dimensions of adjoining property, Show appro~mafie locations of all buildings, driveways, and streets pertinent rio the application REAR T'i LOT SQ. YARD F FOOTAGE~O~pt c~ y extending survey or drawing. ' -. , Attach letters from adjoining affected  ,~ property owners showing attitude toward N. C. U. * or request. OTHER (describe) d f t building permit ~ust Se apgied fo~ ~i(~iJJ~Vfrom the date of the coancil resolution or variance granted becomes null and void. Variances are not transferable. APPLICANT '~)~er~ot~ ~. (~1~}~,:}/' DATE ~:~ , ~." ,1, ~ f ........ ~gn~mre PLANNING COMMISSION RECOMMENDATION DATE COUNCIL ACTION: RESOLUTION NO._ DATE ......... oom . FEE OWNER APPLICATION FOR SUBDiViSION OF Sec. 22.03- a · VILLAGE OF MOUND LAND FEE $ Bonnie Hannaman .. PLAT 4531 Manchester Road 37850 Mound, MN. .P!D ~ PARCEL 4340 & 4350 19-117-23 31 0062/0063 LocationandcompletelegaldeScriptionofpropertytobedivided: Lots 6, 7, 20 & 21, Block 14, Avalon (Parcel 4340) .. Lots 8, 9, 18 & 19, Block 14, Avalon (Parcel 4350) ZONING To be divided as follows: See attached. Residential B 6;~00 SqUar~ Fee6-Single Family Dwelling (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 Square feet Reason: Applicant's interest in the property: 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 PARCEL Lots 20 and 21 and that part of Lots 6, 7, 8, 18 and 19, all in Block 14, AVALOM, according to 'the recorded plat thereof, lying northerly of the following described line: Beginning at a point on the east line of said Lot 6 distant 30.00 feet north of the southeast corner of said Lot 6; thence north- westerly to a point on the west line of said Lot 18 distant 45.00 feet south of the northwest corner of said Lot 18 and said line there terminating. PARCEL B Lot 9 and that part of Lots 7, 8, 18 and 19, all~ in Block 14, AVALON, according to the recorded plat thereof, lying southerly of the following described line: Beginning at a point on the east line of Lot 6 of said Block 14, distant 30.00 feet north of the southeast corner of said Lot 6; thence northwesterly to a point on the west line of said Lot 18 distant 45.00 feet south of the northwest corner of saidLot 18 and said line there terminating. And which lies westerly of the following described line: Beginning at the southwest corner of said Lot 8; thence north- easterly to the northeast corner of said Lot 7 and said line there terminating. PARCEL C That part of Lots 6, 7 and 8, Block 14, AVALON, according to the recorded plat thereof, lying southerly of the following described line: Beginning at a point on the east line of Lot 6 of said Block 14, distant 30.00 feet north of the southeast corner of said Lot 6; thence northwesterly to a point on the west lin~ of Lot 18 of said Block 14, distant 45.00 feet south of the northwest corner of said Lot 18 and said line there terminating. And which lies easterly of the following described line: Beginning at the southwest corner of said Lot 8; thence north- easterly to the northeast corner of said Lot 7 and said line there terminating. Also that part of vacated (to be vacated) Cumberland Road adjoining Lots 6, 7 and 8, Block 14, AVALON, which lies westerly of the southerly extension of the east line of said Lot 6 and which lies easterly of a circle having a radius of 45.00 feet, the center of said circle is the intersection of a line 25.00 fe~t south of and parallel with the north line of Cun~erland Road, with a line 13.00 feet east'of the southerly extension of the west line of Lot 9 of said Block 14. /~ /., / £ 0 APPLICATION FO rARIANCE CITY OF MOUND PROPERTY ADDRESS NAME OF APPLICANT ~[~J ''~'''- ~/\[~T_~-~F-.[ PLAT Address lq4~ ~<~~7~~) L]k~} ..LOT I[ Te le phone Number 4~_:¢[o~(~ ADDITION FEE $ ZON~N~ ~ A-~ .......... PARCEL INTEREST IN PROPERTY FEE OWNER (if other than applicant) Address Te le phone Numb e r VARiAN~E REQUESTED: NOTE: ACCESSORY SIDE FTJ I FTJ YARD I~' ~ LOT SIZE REAR ' I YARD FT~ 1. Attach a survey AND scale drawing showing location of proposed improvement in relation to lot lines, other buildings on property and abutting streets. Z. Give ownership and dimensions of adjoining property. Show approximate locations of all buildings, driveways, and streets pertinent to the application LOT SQ. TT,~b3~ extending survey or drawing. FOOTAGE~, d~/5~' d' - A~tach letters from adjoining affected property owners showing attitude toward N C U ;:-' or , request. / // ~.A ..building perrnit must be applied for within one year from the date of the council resolution or variance granted becomes null and void. Variances are not tran~erable.~ _ "] '~' Signa~ PLANNING COMMi[SSION RECOMMENDATION DATE COUNCIL ACTION: RESOLUTION NO DATE 3/v7, *non- conforming us e I 't e";/ ;.a. ""..~. X/,' , I ,', %.-, e, :'..'"'. ' . /4. ... 1%~. .. CY t~ -:: ..' I · "'-~, ?~',-4~t:; .:7" . - Certificate of Survey for Stank. Mc[erzeJewski in Lots 11 and 12, Block 2, Shady~ood Point Henneptn County, ~innesota I hereby certify t,hat this is a t~ae and correct representation of a survey of the boundaries of Imt 11 except the Northwesterly 25 feet thereof, and Lot 12, Block 2, Shadywood Point, and the location of all existing buildings thereon. F~nts or encroacbz~ents. It does not pur[mrt to show other improve- Scale: 1" = 40' Date : o : iron ~ r kef Gordon R. Coffin R~g. ,~o. 6064 Alvin 1{. Rehder Reg. '.'~0.13295 Land Sur~eyors and Plarmers Long Lake, Minnesota 31¥g' APP LICA TION RIANCE CITY OF MOUND ZONING_ PROPERTY ADDRESS Number.,. ~ ~5 1 3 ~DITIO INTEREST IN PROPERTY FEE OWNER (if other than applicant) Address '- Telephone Numb e r .VARIANCE REQUESTED: 'FRONT [ ~,/ I _~CCESSORY YARD ! ,~"~Z~ FT_.[ BUILDING NOTE: FToI SIDE [ YARD FT: LOT SIZE 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, YARD FT. N. C. U.* or OTHER (describe) REASON FOR REQUEST: and streets pertinent to the application FOOTAGE~.~. ,~/.' extending survey or drawing. _ Attach letters from adjoining affected property owners showing attitude toward request, A building permit must be applied for within one year frorri"the-date -o(~'h~~;- council resolution or variance gr.anted becomes null and vOi'~l'.".:' i: ':~'.!:;' } ...... ' ' Variances are not transfe~b/le°Zf ' /' ~Signature PLANNrlNG COMMISSION RE COIViM ENDATION DATE COUNCIL ACTION: RESOLUTION NO g APPLICATION FOR SUBDIVISION OF LAND Sec. 22.03-a VILLAGE OF MOUND ,.' PLAT (~l I':~L/~ PARCEL ;.;~ / ¢ ¢ Location and complete legal description of property to be divided: Aba To be divided as follows: (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 Square feet Reason: Applicant's interest in the property: TEL. NO. ~:*'~/ -'-) ''') OD DATE 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 31,./! 0 OT .~<o"?° '-" ~00,05 50UTH o"! ~00 ~J~O 0 ~0~ 0~0~ ~0~ < ~0~ 0~~ ~0~ 00~ ~0 ~0 00~ / / }kPP LI CA TION FOR~A RIANCE CITY OF MO~D NAME OF APPLICANT Address Z.:-','/.:0 P nl, f,. Telephone_., ~ PROPERTY, ADDRESS 1/°51 PLAT LOT][ fo ADDITION PARCEL t/ZLL INTEREST IN PROPERTY FEE OWNER (if other than applicant) Address Telephone Numb e r VARIANCE REQUESTED: NOTE: FRONT YARD [ FT:] ACCESSORY IBUILDING FT..,] SIDE FTJ YARD I FTJ LOT SIZE REAR I [ LOTSQ. YARD FT. FOOTAGE N. C. U."'-.' or OTHER (describe) -~e .'.4e~'.. 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 showing attitude toward -'? ~.i..:' ~ .... . ~. ~ · ~ ~, A building permit must be applied for within one year from the date of the council resolution or variance granted becomes null and void. APPLICANT. ~ !~[~k ~ ~ ~O~k~., DATE ~ ,[: · "- signature~ X F PLANNING COMMISSION RECOMMENDATION DATE COUNCIL ACTION: RESOLUTION Ng,... DATE *non-conforming use 3/3 F At~P LICATION FO~ARIANCE CITY OF MOUND NAME OF APPLICANT PROPERTY m A DRESS ~[~rPLAT ~ PARCEL Telephone INTEREST IN PROPERTY FEE OWNER (if other than applicant) Addre s s Telephone Numb e r ~--------- f ; ~, i ACCESSORY YARD [ ~(Y' FT.I BUILDING NOTE: FT.] YARD FT. LOT SIZE FT. REAR LOT SQ. 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. 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. ~-.,~iance§ are not ~ra~nsferabl~.~ APPLICANT ~.~7~ t ~( ~Y. ~,~/ l PLANING COM~SSION RECOMMENDATION ..... A, .building permit must be applied for within one year from the date of the council resolution or variance granted becomes null and void. DATE ,, /'0 DATE COUNCIL AC TION: RESOLUTION NO DATE *non-conforming use 31 ~ ti teases for request cortinued: 10. 1!. 12. The hou~e is built ou a slore to'~Jards L~ke ~!in~etonka. The drive.~;~y, fro~0, the att;.~ci~ed g~z. al;e to tke e;~;istiN~ road i{:; a?rro×i,r~tely 80 fee'S, !o~g, at the soutl'~e.~<;t corner, up a steel} ~r~de. _Ingress and ~or..=s~ due to the e!eva~io~ of ~he dri~e~.'~ay is very difficult iu the winter. This is tru~ even vzhen considerable effort is expe~ded to keep the drive~.vay clean. I~ order ~o h~ve ~a,=4 ...... er access ~rd to kave less drive~;ay to maintain, we a~e.~ ~rovosin~.. ~ o to buii~ a ne~,'~ gar~.~:~'e,~ .~ level with the existing,7 road. ~.~]._._ oe built o~ cement blo The new ~arage "' ~ floor. Under theo~r~°'e~ will be a v;alkout storage room. The existine: = .=o'~ ~'..ill b= re~-~_ode!ed ~u+ ..... o liveable space-- family room/bedroo~. The existina~ house is not iary;e nnd the extr.~ s~>ace ?~ill be a??reciated. ..... ~a~l entry ~v~y will be built bet::ee~ the ne~,',: garaffe and the remodeled are°. There ~:~ilt be a lot of of J' street p~rking available on the existing drivev~y and alab alon.~[ the aide of th.e ~roy:osed garage. T½e proposed structure ~eets the ;side set b.~ck lines, and ap)-,e~red to easily meet the front set back lire ~O'~om the exia~tim g road. ~'owevr~r, the survey turned uT~ a platted, unused road. runnin~ over several feet of v~h~t we thought was our drivev~ay. 2hile there ~ould have been more than enou;;~h sp~ce from the exi,3~ing ro~.d, there i_~ not sufficie~t room to have a 20 foot set back line from tke pla%ted road ard allow the buildings; of th.e proposed structure. In order to build the ne~ ~aa .... we n=~d a 10 foot variance from the normal 20 foot front set b~ck li~e frown the platted road. szoqq>q'Tau aoo¥, ~×au Eno 'ae!e'~ uo~nqff pa-= IacO q.~.'q~, pue%s~s-r:un eL ssaappV · X~'t/,p~o~ pa%%nI~ e-gq ~oa.I au~i .dO-eR .%as %oo~ OU 'I~:~;a°u aq~ ~o~ asu~$~. %005 OI ~ ~o5 puno;; jo X~T~, eM% pe~s~ az.~.q pua sI~3 ~ pul '~osauu!i~ 'punoN ~a~-!aG ~e~ema~P2 ~h ~' x~aeao~ =TAR% 9 APPLICANT A~PI,ICATI, ON FOR STREET CITY ()F MOUND ADDRESS ~'--.:/-~"--/. / ~_. ~-~:>o...._~?~.~ : .:.:., :~/~?.f.. /. f ~-~:-:~ LEGAL DESCRIPTION OF PI~OPERTY OWNED BY APPLICANT: PLAT, )/5[~O I'ARCEL Residents and ownors of property abutting the street to be vacated: Rocommcp. ded by Utilities: NSP ....... ; Ninnegasco Recomme;'~ded by City: Public Workn ...... ; Fire Chief Continental ; Engineer ........ ; 31 ,7 Police Chief ......... . AYR E 0 0;12) 472 1155 November 7, 1779 TO: Leonard Kopp FROM: Public Works Director SUBJECT: Vacation of Hamption Road The Public Works Department can foresee no need for the portion of Hampton Road adjacent to Lot~l~ Block 9 and Lot 7~ Block 10 in Pembroke. There are no utilities in this section of Hampton so no easements would be necessary, Resp~ctfu!ly, · / 1,5~?~.,''' ~'.~ < -~ / Rob=ru Shanley Public Works Director NAM }E OF APPLICANT Address APPLIGATION FC~AFAIANCE CITY OF MOUND Donald Kempf 3100 Island View Drivo Telephone Number 1,t7~.t--9 gl 3 FLE ZONING PROPERTY ADDRESS PLAT 37930 PARCEL PID #19-117-23 34 0079 LOT 56 BLOCK 3O0O ADDITION Phslns Island Park ls't INTEREST IN PROPERTY FEE OWNER (if other than applicant) Addre s s Telephone Number ~/~_' ,A.~p NC E REQUESTED: FRONT [ ACCESSORY YARD ~ PT. BUILDING SIDE I YARD FT. LOT SIZE YARD FT,. NOTE: 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. 2, Give ownership and dimensions of adjoining property, Show approximate locations of all buildings, driveways, and streets pertinent to the application LOT SQ./-~-/- ~/-~ ~b3 FOOTAGE .~/2~.~/Z4 y extending survey or drawing. .... _. Attach letters from adjoining affected property owners showing attitude toward request. ... . .. A .building permit nmst be applied for within one year from the date of the .:council resolution or variauce granted becomes null and void, ~.,.)- Signature P LA NNING COMMISSION RE COM1Vi ENDA TION DATE CO ;.INCIL ACTION: RESOLUTION NO DATE -':~non - c on forming us e- j? / P- ~ October 11, 1979 TO: ~ROM: Building Inspector City of Mound~ Mn. Don Kempf 3100 Island View Drive Mound, ~. There has been no new construction on my lakeshore. As evidenced by the enclosed ~rvey, the existing building was there when I purchased the property over ten years ago and, I would guess~ the building is probably forty years old at this time. I have been repairing and maintaining it for the past ten years. In the past few months I applied hand splits over the old roll roofing. In the interests of safety, I want to remove the old deck and the steps on the hill down to the shore which are used by many of the neighborhood children~ and replace them with something a bit more safe and functional. I was not aware 'that I would need a building permit for this type of maintenance and regret any problems or inconvenience that I may have caused.- Very tru~oy, yours~ · ~....::/// Don Kempf ~z APP I/CATION !RIANCE CITY OF MOUND ZONING PROPER TY AD DRESS q PLAT _/~_~- I_! d):: PARCEL ~') .LOT ~_~9_/' / '('-) nLocx Telephone , ,-lc ,,, Number __~_Z=Jl- ~t C{.~nAD.D.~ rION .~zff I-2/~v/~ FEE OWNER (if other than applicant) Te le phone Addre s s Number NO TE: i-- REAR . LOT SQ. YARD FTz FOOTAGE / '-~ 2~' 7-%1] <? N. C. U. ::-' or OTHER (describe') f e, 1. Attach a survey AND scale drawing showing location of proposed i~nprovernent in relation to lot lines, other buildings on properly and abutting streets. 2. ©ire 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 re que :; t, building permit n~ust be applied for within one year from the date of the c,~uncil reso!ution or variance granted becomes null and void. Variances are not ~ransfe~a. bl.~/ ~r '' '7 Signature PLANNING COMlvI[SSION RE COMM (~NDATION DATE COUNC! L ACTION: RESOI,UTiON NO DA T E :::non .. conforn~-lng use 3 APPLICATION FO ARIANCE CITY OF MOUND NAME 0]5' APPLICANT ZONING. PROPERTY ADDRESS PLAT 37870 AP~CLL William Dam~ier Address h853 Island View Drivo _LOT Il BLOCK h72-.5755 FID ,725-117-2,4 11 0037 ADDIT!ON Te le phone Num. b e r FEE OWNER (if other than applicant) Address Telephone Z' __. ~(~ c:/~ VARIANCE REQUE_ ±ED: NOTE: FRONT ACCESSORY YARD FT. BUILDING FT. SIDIi; YARD[_. F~" LOT SIZE [ T,:I REAR [ T_J LOT SQ. YARD F FOOTAGE OTHER (describe) C' ' REASON FOR REQUEST: ~ '~ ' ' ~ " ' ~ ...... P 6'~'.:~F9-'7' 7' L)~''' ;~"; -: - , .' ' I ~L.--~i~Cm. ~)2l)~[%yk/y"z. "'}/)- ,' ~'"'~-~/ ~'~r'b'~ o~.~l_ O"k .~%~LPi _l~r,._);: c. . · . . . / / . - ,' , A bu}tdnag permit m.~s~,/be/{~pphed f0r within one year from tNe date of the · ';,) ~ouncil'resolution o~~ varixn~e grar~t~"d3ecomes null and void. .,~¢xbb Variances are not t~Sn~f(;':~L'ble ;'"' ,/k , . '~ ¢" ..... "~ 'r~' '" " '" :~:,~ i ~ ,.. ,,... q , ' /. .-' / ... . _ - ' ........... PLANING COM~[SSIONT RECOMMENDATION DATE 1. AtLach 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 dirnensions of adjoining property. Show approximate locations of all buildings, driveways, and streets pertinent to the application by extending survey or drawing. .3_. Att:ach letters from adjoining affected property owners showing attitude toward request. CO'UNCIL ACTION: RE'SOLUTION NO., ArE ::-'non-conforming use } ! ~.~0 15L/INID VIEW 'DFC. . .-~000~.. HOU S~ t :...~. : ~ ...:-  i:" 1,~ ,, I ~ , , LAKE MIMMETOMKA o DEUOTE~ fROM MOnUMEnT · DE~OTES IROM MOMUMEMT FOUMO I hereby ce~i~ that this is a true and correct representation.of a su~ey of the boundaries of: ~ot 4, BZock 14, DEVON, Hennep2~ County, N~nneso~a. And of the location of all buildings~ thereon, and~alJ visible encroachments, if any. from oron said land. As su~eyed by me this ~ day of ~nd 8u~egor. Minn. ~efl. ~o. ~~ .~. '::~: ~o' r*~' CERTIFICATE O~U~VEY for >.~ OMBS-KNUTSON ASSOCIATES, INC IZ{ 78 :/ t; APPLICATION FOR SUBDIVISION OF LAND Sec. 22.03-a VILLAGE OF MOUND FEE OWNER PLAT PARCEL_ LocaUon and compleb~ legal description of: property to be divided: ZONING To be divided as follows: (attach survey or Scale drawing showing adjacent streets, dimension of proposed building sites, square foot area of each new parcel designat.~d by number) A WAIVER IN LOT SIZE IS REQUESTED FOR: New Lot No. From Square feet TO Square feet RecsoR: AP P L ICANT -. (signature) // _ Applicant's interest in the property: TEL. This application must be signed by all the OWNERS of the property, or anexplan- ation given why this is not the case. PLANNING COMMISSION RECOMMENDATION: _.?Il& DATE Certificate ot Survoy for Nell E, SchoenhoCen tn the Southwest 1/L of Section 23-117-24 --' survey o~' the lound:~ries of that lx~rt of the West 149.'7 feot of the E~st 8/.! feet of the Yortbeast quarter of the Southwest quarter of Section 23, Township 117 }~ort, h, ~bnnge 24 West of the 5th Principal Eerldi~n, lying P;orth of County l:~ad };o. II0 and South of 'the 542.9 feet thereof, and the !ocatioa o~ al! existing buildings. thereon. It does not pur~rt to show other improvements or encroach ~p.e ~ t 5, Scale: ]." = 30' Alvin R. Rehd~r ~g. ~',o.13295 DaU: : '9-28-79 Land Surveyors and Planners o : Iron ~.rker Long Lake, Minneso~ NWtt4 or" t/~¢ 5to. 2.3 -117 /, 31/ CITY OF MOUND APPLICANT Nupnbe r ~' A D, JI 21 ON _ IN't?ERIEST IN PROPERTY FEE OWNER (if other than applicant) Address Te'[ephone Number NOTE: /.y, 6 1, Attach a survey AND scale drawing showing location of proposed ir'aprove~ent in relation to lot lines, other buildings on property and abutting streets. Z. ©ire ownership and dimensions of adjoining property. Show approxN-nate lc, cati. ons of all buildings, driveways, and streets pertinent to the appl[cation YARD FOO'I'AGil] '~'--Y 3 Attach ---- _, t~ttcxo from adjohdng affected property owners shoxving attitude toward N. C. U. ::: or ~ j / ._/: ~ /re~,~~ t Z/ ~ . '~. ,:~ ;;'; ' ' ' :'~,' REAoON FOR RI~QUEo F: _:_~..~::::_:~ ....... ~,,:.,-: .... ::.-~ ....... :..--.~.~ ..... / I ..:: ..- ";:.- ' t; (i, , .('~ / /: ;, ., ~ ,,' ( i - A building pernMt must be applied for within one year from the date of thc ~il)ncil resolution or variance granted becomes null and void, Variances are not tra,..sfera~le,,., ':'" :':::' t ? ~ / : t:/ i',, ~'~ 3 {k : DATE , 'i.~... ~. ~ [ APPLICANT :' "": "..7 · -' S~g'n:tLure PLANP~NG GOM1V[£SSION RECOMMENDATION DATE COUNCIL ACTION: RESOLUTION NO DATE :',:n. on-confornd, ng use 3/ / t¢ o X 000.0 { ooo.o ) D Denotes iron monument Denotes offset stake Dertot6~ existing elev. Denotes Proposed elev. Denotes surf::ce drainage Proposed (~ ', age floor elev. DEt~ARS - GABRIEL LAND 2U!~,VEYOR$,, INC. ~030 Harbor ksne No, Plymouth MN 55441 Phone: (612) 559-0@0B Proposed ]owest floor elev, Propo.sed top of foundatk~n elev, BENCH MA[~ K: I hereby certify that this i; a true and correct representation of a survey of the boundaries of the above descried land and o.f the location of all buildings, if any,' thereon, and ail visible encroachments, if any, from or on said land. / Minn. Rc~. No. File NO. 2z~D 13ook -- Page 40,- 77 SCale :NOI_LYQN31AiWO33~ NOISSIIAI~IO:) ONINNV-Id 'aseo aqj lou s! s!q~ Ai~ uoAI6 uo!Je -ueldxo ue ~o 'kpadoJd aqj jo SU3NMO alii Ile kq peu§!s aq Isn~u uo!leo!ldde s!qI :XtJado~d aqj u! jsaJaju! s,lue:)!ldd¥ :uoseoU · ON jo-I MaN :UOJ (]3JS3~O3U ,~"i 3Z15 .!~: 1 NI U3AIVM ~ :s^~OllOl se pap!Atp oq 01 DNINOZ :p,~p!^!p aq oI tl.iodoud lo uo!Id!J,~sop lefial Ololdmoo puc uo!te90-] QNVq :t O CINFIO~ JO 3DVq-IIA e-[:O'~ '~oS NOISIAIC][]ihS UOJ NOIJ. VOI-IctclV (. ,.,x,- ) o D. X 000,0 ( 000.0 ) Denotes iron monument D~notes offset stake Denotes existing elev. Denotes Proposed elev. Denotes surface drainage Proposed gara£::~ floor elev,= DE?dAR§- GABRIEL LAND SU~WEYO.~.$, iNC. 3030 Harbor L[zn~ No. Plymouth MN 55 ~,41 Phone: (~12) 559-090~ Proposed lowest floor elev. = Proposed top of foundation elev. = BENCH MARl<: I hereby certify tibet 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, if any,' thereon, and all visible encroachments, if any, from or on said land. / Minn, Reg. No. ~o(~ ~ File NO. Book - Page 4(, - 77 Scale /,'-: z¢// I v APPLICATION ,RIANCE CITY OF MOUND ZONING B PROPER T ADDRESS APPLICANT ! ',"~,' ~! <' '~'~ '- 61290 g620 t-. U~.~-~ , , -.~. ~! ~ ... ¥ PLAT PARCEL - Address [~ ~-,_ ~?k_. Number / ' '~ "'/~" ADDITION. __:~'-~ :~:~r'~T~;-, "~ Aud. Sub. 170 INTEREST IN PROPERTY LZ.-'~'k ~ W PIDff 2h-I17-2l~ 22 0003 .FEE OWNER (_if other than applicant) Address Telephone Numb e r -~ · .ED: VARIANCE REQUES~''' FRONT YARD [p~:, ¥':~ FT..,] NOTE: ACCESSORYI FT.] 13 UI LDI NG LOT SQ. YARD FT. N. C. U. ;:" o. OTHER (describe) REASON FO:{t REOUEST: 1. Attach a survesr AND scale drawing ~howing location of proposed hnprovement in relation to lot lines, other buildings on property and abutting streets. 2. Give ownership and dimensions of adjoining property. Show approxirnate locations of all buildings, driveway-s, and streets pertinent to the application by extending survey or drawing. 3. Attach letters from adjoining affected property owners showing attitude toward request. building permit ~nust be applied for within one year from the date of the coancil resolution or variance granted becomes null and void. V~:~lances are not transferable.. g Signature }"LANNING GOM1Vi[SSION RECOMMENDATION DATE COUNCIL ACTION: RESOLUTION NO DATE ;:'-non-conforming use ~y / / ~) '2 INTEREST IN PROPERTY FEE OWNER (if other than applicant) Addre s s Te le phone Number ~/72 3~f-}/ADDITION -~'c ~/~ /q Telephone Number VARIANCE REQUESTED: FRONT SIDE REAR J YARD FT N. C. U. * or OTHER (describe) REASON FOR REQUEST: ACCESSORY B Ui LDI NG NOTE: LOT Se. 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 building permit rnust be applied for within one year from the date of the council resolution or variance granted becomes null and void. varlances are not fransferatfP~ /~/ . .... / Signature PLANNING COMMiSSION RE COMM ENDA TION DATE COUNCIL ACTION: RESOLUTION NO. DATE *non-confornling use 3/ 0 7 TOP 958 78 IN~ 949~ ' Proposed Fu'ture' Ease~ne,N : LYNWOOD linc of thc Sec. 14, Twp. 13-79 CITY OF MOUND Mound, Minnesota November 8, 1979 COUNCIL MEMORANDUM NO. 79-408 SUBJECT: Industrial Revenue Bonds Attached are copies of a resolution regarding the issuance of $165,OOO in Industrial Revenue B.~nds for the Jude Oas Smith (Candy) Properties (formerly Ms. Dees). A public hearing is required. December llth is suggested. ~"L~)nard L. '~opp November 13, 1979 Councilmember Polston moved the following resolution, RESOLUTION NO. 79 - 421 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING INDUSTRIAL REVENUE BONDS FOR JUDE OAS SMITH TO BE HEARD DECEMBER 11, 1979 at 7:30 P.M. WHEREAS, Jude Oas Smith Properties, doing business as Jude Candy & Tobacco Company of Mound, Minnesota have approached the City with regard to the issuance of Industrial Revenue Bonds, and WHEREAS, said bonds would be in the amount of $165,OOO.OO and before any action can be taken by the City and the Council a public hearing must be held, and WHEREAS, said notice of the public hearing must be publi, shed in the official Laker newspaper prior to said hearing according to law. NOW, THEREFORE, BE IT RESOLVED ~Y THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: That Council does hereby authorize and direct that a public hearing be provided for Jude Oas Smith with regard to Industrial Revenue Bonds. Said hearing to be heardon December 11, 1979 at 7:30 P.M. at the City Hall in Council Chambers. ' A motion for the adoption of the foregolng resolution was duly seconded by Council- member Withhart and upon vote being taken thereon, the following voted in favor thereof; Lovaasen, Polston, Swenson, Withhart and Ulrick, the following voted against the same; none, wh'ereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest: CMC City Clerk RESOLUTION CALLING FOR A PUBLIC t[[~ARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT PURSUANT TO THE MINNESOTA MUNICIPAL INDUSTRIAL DEVELOPMENT ACT AUTHORIZING THE PUBLICATION OF A NOTICE OF SAID HEARING WHEREAS~' (a) Chapter 474, Minnesota statutes, known as the Minnesota Municipal Industrial Development Act (the "Act") g~ves muni- cipalities the power to issue revenue bonds or note for the purpose of the encouragement and'development of economically sound industry and commerce to prevent so far as possible the emergence of blighted and marginal lands and areas of chronic unemployment; (b) The City Council of the City of Mound (the "City")has received from Victor N. Jude, Dennis J. Oas, Ralph J. Smit~ Properties, a partnership organized under the laws of the State of Minnesota (the "Partnership") a proposal that the City · assist in financing a prbject hereinafter described, through the issuance of its industrial revenue note (which will be in the form of a single debt instrument) (the "Note") pursuant to the Act; (c) Before proceeding with consider- ation of the request of the Partnership it is necessary for the City to hold a public hearing on the proposal pursuant to Section 474.01, Subdivision 7b, ~Iinnesota Statutes; NOW, THEREFORE, BE IT RESOLVED by the City Council of .the City of Mound, Minnesota, as follows: 1. A'Public Hearing on said proposal of the Partnerhsip will be held at the time and place set forth in the Notice of Hearing hereto attached. 2. The general nature of the proposal and an estimate of the principal amount of notes to be issued to ~inance the proposal are described in the form of Notice of Hearing hereto attached. 3. The Notice of said Public'Hearing shall be in substantially the form contained in the Notice hereto attached. .4. A draft copy of the proposed application to the Co]~issioner of Securities, State of Minnesota, for approval of the project, together with proposed forms of all attachements and-exhibits thereto, is on file in the office of the City Clerk. 5. The. City Clerk is hereby authorized and directed to cause said hearing to be given one publication in the official newspaper and a newspaper of general circulation available in the City, not less than 15 days nor more than 30 days prior' to the date fixed for said hearing, as shown in the notice of hearing hereto attached. Adopted by the City Council of the City of Mound, Minnesota, this 13th day of November, 1979. Mayor ATTEST: .City Clerk 3t o3 NOTICE OF PUBLIC HEARING ON A PROPOSAL FOR A COMMERCIAL FACILITIES DEVELOPMENT PROJECT To whom it may concern~ Notice is hereby given that the City Council Of the City of Mound, Minnesota will meet at the City Council Chambers, 5341 May?ood Road in the City of Mound, Minnesota at 7:30 o'clock p.m. on December 11, 1979, to consider the proposal of a partnership consisting of Victor N. Jude, Dennis J. Oas and Ralph J. Smith, that the City assist in financing a project hereinafter described by the issuance of an industrial development revenue note. Description of Project (Including general location) acquisition of.a building located at 2373 Wilshire Boulevard, Mound, to 'be leased to three tenants The estimated principal amount of note, bonds or other obligations to be issue~] to finance this project is $165,000. Said note, bonds or other obligations if and when issued will not constitute a charge, lien or encumbrance upon any property of the City except the project and such note, bonds or obligations will not be a charge against the City's general credit or taxing powers but are payable from sums to be paid by Victor N. Jude, Dennis J. Oas, Ralph J. Smith, Properties pursuant to a revenue agreement. A draft copy bf the proposed application to the Commissioner of Securities, State of Minnesota, for approval of ~the project, together with all attachments and exhibits thereto, is available for public inspection beginning November 13, 197% from 8:00 o'clock a.m. to 4:30 o'clock p.m., Monday through Friday, at the City Hall in Mound. At the time and place fixed for said Public Hearing, the City Council of the City of Mound will give all persons who appear at the hearing an opportunity to express their views with respect to the proposal. Dated this 13th day of November, 1979. BY ORDER OF THE CITY COUNCIL By /s/ Mary H. Marske -~ity Clerk 31ol STATE BANK OF MOUND November 5, 1979 3ude Candy & Tobacco Company of Mound, Inc. 2361 Wilshire Boulevard Mound, Minnesota 55364 Mr. Dennis 3. Oas 5764 Lynwood Blvd. Mound, Minnesota 55364 Mr. Victor N. 3ude Route 2 Maple Lake, Minnesota Mr. Ralph J. Smith 700 Pioneer Lane 55358 St. Cloud, Minnesota 56301 RE: $165,000 Commercial Development Revenue Note of 1979 (Victor N. 3ude, Dennis 3. Oas, Ralph J. Smith, Properties) Gentlemen: State Bank of Mound (the "Bank") hereby agrees to purchase a $165,000 Commercial Development Revenue Note of 1979 (Victor N. Jude, Dennis ~. Oas, Ralph J. Smith, Proper[les) (the "Note"), to be issued by the City of Mound, Minnesota (the "City") for the purpose of funding a loan to be made by the City to Victor N. Jude, Dennfs 3. Oas, Ralph J. Smith, Partnership, a Minnesota Partnership (the "Partnership") for the purpose of purchasing an existing building located at 2373 ¥/ilshire Blvd. tn the City of Mound, Minnesota. The Partnership of Victor N. Jude, Dennis J. Oas, and Ralph J. Smith, shall joint and severally guarantee the loan. The basic terms of the Note shall be as follows: 1. BORROWER: City of Mound, Minnesota LOAN AMOUNT: $165,000.00. INTEREST TERMS: Tax exempt 9 1/4%, increasing to 12 3/4% retroactive to the "date of taxability" if tax-exempt status is lost. (or, at the option of the Bank, the Note shall become immediately due and payable in full if tax-exempt status is lost). 4. TERM: Twenty (20) years. e PAYMENT SCHEDULE: Monthly payments in the amount of (assuming tax-exempt status is not lost) beginning th~r~y (30) days following the date of closing. PREPAYMENT PRIVILEGE: The Note shall not be prepayable in the first five (5) years and shall be prepayable in the sixth (6th) through the tenth (10th) year at a penalty premium of 105,104,103, 102,101, and par thereafter. The Note may be prepaid at par in case of total destruction or condemnation of the building. The commitment of the Bank to purchase the Note is based upon the documentation and 'financial information furnished and representations made to the Bank by the addressees of this letter with respect to the Partnership and Company and said commitment is subject to the truth and accuracy of said documentation, information and representations as of the date of closing. In addition, the commitment of [he Bank to purchase the Note is subject to the satisfaction of the following conditions prior to or at the time of closing: 1. MORTGAGE: Execution and delivery to the Ba'nk of a mortgage, security agreement and fixture financing statement ("Mortgage Deed") signed by the Partners.hip g~anting a mortgage to the Bank in and to the property on which the Project will be located, together with all buildings, structures and other intprovements and fixtures located thereon or attached thereto ("Real Property"), to secure repayment of the Note. The Mortgage Deed shall not be assumable without the prior written consent of the Bank and shall contain a provision that the Partnership shall establish an escrow account for payment of rea] estate taxes and insurance premiums if requested by the Bank. 2. LOAN AGREEMENT: Execution and delivery to the City by the Partnership of a loan agreement containing such representations, warranties, terms, conditic3~s, covenants and other provisions as are customarily contained in a loan agreement and which are acceptable to the Bank ("Loan Agreement"). 3. ASSIGNMENT OF RENTS AND LEASES: Execution and delivery to the Bank by the Partnership of an assignment pursuant et which all existing and future leases covering all or any part of the Real Property (including, without limitation, all present and future rentals derived t.herefrom) are assigned to the Bank as security for the Note ("Assignment") and, without limiting the foregoing, _said assignment shall provide that all future leases covering all or any part of the Real Property shall be subject to the Bank's approval and that all payments under such lease shall be made directly to the Bank. 4. EVIDENCE OF TITLE: Receipt by the Bank of a mortgagee's title insurance policy in [he amount of $165,000.00 and in form satisfactory to it insuring that the Mort!iage Deed constitutes a valid first lien on the Real Property, subject only to such exceptions as are approved by the Bank. 5.' SUBORDINATION AGREEMENT: Receipt by the Bank of a subordination agreement duly executed and delivered by the Corporation pursuant to which the Corporation subordinates all of its right, title and interest under the contemplated 30?? lease with the Partnership covering the Real Property to the right, title and interest of the Bank under the Mortgage Deed. 6. OPINION REGARDING AUTHORITY: Receipt by the Bank of an opinion of legal counsel of the Partnership in form and substance satisfactory to counsel for the Bank. 7. PROPERTY INSURANCE: Receipt by the Bank of evidence of adequate insurance coverage on the Real Property and the building and improvements existing or to be constructed thereon and on the personal property and fixtures located therein, the amount, form and sufficiency of which shall be satisfactory to and in the discretion of the Bank; provided, however, that the amount of such insurance shall in no event be less than the principal amount of the Note. The Bank Note shall be protected against the 80% coinsurance clause at all times. 8. OTttER INSURANCE: Adequate liability and extended coverage insurance shall be maintained until the loan is paid. 9. TAXES: Full payment of all delinquent taxes and all present installments of levied and pending assessments relating to the Real Property (or, in lieu thereof, payment in escrow of an amount determined by the Bank). 10. ARTICLES OF INCORPORATION AND BYLAWS: Receipt by the Bank of a copy of thz: Articles of Incorporation of the Corporation, certified by the Secretary of State of Minnesota, and of the Bylaws of the Corporation, certified by the corporate secretary of the Corporation, each as amended to date. 11. CORPORATE RESOLUTION: Receipt by the Bank ora copy ora resolution of the Board of Directors of the Corporation authorizing the execution and delivery to the Bank of the Subordination Agreement and lease between the Partnership and the Corporation, which resolution shall be duly certified by the corporate secretary of the Corporation. 12. APPRAISAL: Receipt by the Bank of an appraisal by an appraiser acceptable to the Bank indicating an estimated market value of the Project after completion of not less than $179,000.00. 13. APPROVAL OF DOCUMENTS: All documents and agreements contemplated by this commitment and all legal matters incidental hereto shall be reasonably acceptable to and approved by our legal counsel, t4. SECONDARY FINANCING: There shall be no secondary financing. 15. LOAN CLOSING: The loan shall be closed no later that February t, 1980. 16. SURVEY: Receipt by the Bank of a copy of the perimeter land survey of the Real Property, it] form and substance reasonably satisfactory to the Bank, prepared at the Partnership's expense, currently certified by a licensed, registered surveyor and incorporating the legal description of the Real Property, showing the location of all points and lines referred to in the legal description, the location of the Project as being within the exterior boundaries of the Real Property and the location of all utilities and the location of all easements and encroachments onto or from the Real Property that are visible on the Real Property, know to the surveyor preparing the survey or of record, identifying easements of record by recording data, and currently certified by the surveyor that there are no such easements or encroachments upon the Real Property except as shown on the survey. 17. COMPLIANCE WITH GOVERNMENTAL REGULATIONS: Receipt by the Bank of evidence satisfactory to it that the Project and the contemplated use thereof are permitted by and comply with all applicable use or other restrictions and requirements in prior conveyances, zoning ordinances and other laws or regulations, and that the required building, zoning, and other permits or licenses have been obtained as required. 18. LEASES: Receipt and approval by the Bank of a true and correct copy of all leases covering the Real Property which have been entered into by the Partnership, .including without limitation the lease entered into or to be entered into between the Partnership and the Corporation, which leases shall provide that payments thereunder shall be made directly to the Bank and that neither the lessor's or lessee's interest thereunder shall be assigned without the Bank's prior written consent. 19. UTILITIES: Receipt by the Bank of evidence satisfactory to it that all utilities necessary for the use and operation of the Project are available to the Corporation. 20. ASSIGNMENT OF LOAN AGREEMENY: The City shall have executed and delivered to the Bank an Assignment pursuant to which the Loan Agreement is assigned to the Bank. 21. OPINION OF BOND COUNSEL: Receipt by the Bank and each of the other financial institutions parti, cipating in the purchase of [he Note of an opinion of bond counsel, Briggs & Morgan, P.A., in form and substance acceptable to counsel to the Bank. 22. OPINION OF CITY ATTORNEY: Receipt by the Bank of an opinion of counsel of the City, in form and substance acceptable to counsel to the Bank. 23. EXPENSES: The Bank shall have been reimbursed by the Partnership for ail costs and expenses incurred by the Bank to the date of closing in connection with this commitment and the loan transaction contemplated hereby, including,' withont limitation, attorneys' fees, appraisal fees, survey fees, documentary or tax stamps, recording and filing fees. (This condition shall in no way limit the obligation of the Partnership to reimburse the Bank for the costs and expenses paid or incurred by the Bank during the term of the loan contemplated hdreby). 24. PROCEEDINGS: There shall at the time of closing be no action, proceeding -4- or investigation pending or threatened (or any basis therefor) which might materially adversely affect the condition or business of the Partnership, any of the partners therein, the Corporation or any of the Guarantors or any properties or assets of any of them, or which might adversely affect the ability of any of them to perform their obligations under the loan documentation. 25. ADVERSE CHANGE: There shall be no material, adverse change from the date of this commitment to the date of closing in the condition (financial or otherwise) of the Partnership, any of the partners therein, the Corporation or any of the Guarantors, or in their respective assets, net worth or credit standing' 26. CITY RESOLUTIONS: Receipt by the Bank of a true and correct copM of the preliminary resolutions of the governing body of the City authorizing the issuance of a note in an amount up to $165,000.00 to reimburse the Partnership for the costs incurred in connection with the put'chase of the Project and th,.", final resolutions of the governing body of the City approving and authorizing the Project; the issuance and sale of the Note; the pledge and assignment to the Bank by the City of payments to be received pursuant to, and of its interest in, the Loan Agreement; the lending of the proceeds of the Note to the Partnership pursuant to the Loan Agreement; and the execution, delivery and due performance of the Note, [he Loan Agreement, the Assignment and any and all other agreements and documents as may be required to be executed, delivered and received by the City in order to carry out, give effect to and consummate the transactions contemplated hereby (" Resolutions"). 27. FINANCIAL STATEMENTS: /%~nual receipt by the Bank of financial statements for the Partnership, owners, the Corporation and each of the Guarantors dated as of a date acceptable to the Bank. Corporate Statements need not be audited but must be signed by the owners attesting that the statements accurately represent a true financial picture as far as the owners can be aware of. 28. APPROVAl, S: If required, receipt by the Bank of documentation evidencing the approval of the Commissioner of Securities, Department of Commerce, State of Minnesota, and the Commissioner of Banks of the State of Minnesota of the Project and the purch:.tse of the Note by the Bank. 29. GUARANTY OF LEASE: Execution and delivery by the Guarantors of a guaranty of lease pursuant to which each of said individuals guaranty the payment and performance obligations of the Corporation, as lessee, guar.~ty shall be duly assigned to the Bank by the Partnership ("A'ssignment of Guaranty")... 30. PERSONAL GUARANTEES: Receipt by ~he Bank of a guaranty duly executed and delivered by each of the partners pursuant to which each of said partners jointly and severally guaranty payment of the Note and any and all indebtedness of the Partnership to the Bank in regard to this specific transaction. 31. PARTNERSHIP AGREEMENT: Receipt by the Bank of a true and correct copy of' the partnership agreement of the Partnership. 32. PARTNERSHIP RESOLUTION: Receipt by the Bank of a resolution of the Partnership signed by all of the partners therein authorizing the execution and delivery of the Loan Agreement, the lease to be entered into with the Corporation, the Commitment Letter, the Mortgage Deed, the Assignment, the Assignment of G-uarant¥ and each and every other document, instrument, certificate and agreement required hereunder or contemplated hereby. This commitment shall not be assignable or transferrable by any of the parties hereto. This commitment shall not be construed to have been changdd, amended, modified, discharged or terminated except by an instrument in writing signed by the party against whOm enforcement of any such change, amendment, modification, discharge or termination is sought. Paragraph titles set forth herein are for convenience only and shall not affect the construction of interpretation of this commitment or any paragraph hereof. The Bank understands, and by signing this commitment letter the Partnership and each of the partners therein hereby jointly and severally agree, that the Partnership and such owners'shall reimburse the Bank for alt costs and expenses, including, w~thout limitation attorneys' fees, paid or incurred by the Bank in connection with this commitment and the loan transaction contemplated hereby, whether or not said loan transaction is in fact'consummated. It is further understood and acknowledged by the Partnership that the commitment of the Bank to purchase the Note exceeds its legal lending limit and, accordingly, one or more other financial institutions will be .r..~rticipating directly or indirectly in said purchase; the Bank's commitment hereunder is expressly subject to the Bank's legal lending limit; and the Bank will use reasonsble efforts to participate to other financial institutions that portion of the loan' which exceed's the Bank's legal lending limit. Notwithstanding anything to the contrary contained herein, the commitment of the Bank shall be limited to the "cost of the Project", as that phrase is defined in Minnesota Stat. Chapter 474. This commitment shall not be binding unless, on or before December 31, 1979, the attached copy of this commitment letter is signed by the Partnership, Mr. Victor N. Jude, Mr. Dennis J. Oas, Mr. Ralph I. Smith and the Bank ip. accordance with its terms. Very truly yours, STATE BANK OF MOUND By Its -6- Confirmed and accepted as of the date. first written. PARTNERSttlP: "Victor N. Jude, Dennis ][. Oas and Ralph Prope rties" Smith, Victor N. Jude, individually and as a partner Dennis J. Oas, individually and as a partner Ralph J. Smith, individually and as a partner -7- :13-79 CITY OF MOUND ~ound, November 8, 1979 COUNCIL MEMORANDUM NO. 79-405 SUBJECT: A1 & Alma's - Special Use Permit A1 & Alma's have completed most of the parking work necessary except the 4 items listed in the attached letter. Mr. Nolan's going to put temporary concrete curbs on Tuxedo and Piper (Items 2 & 3) and will be doing the directional striping in Item 1. But is requestin!ir if he can do the parking lot striping in the Spring since snow plowing ,~sually takes off the new striping. Also, he re- quests if the west parking lot can be blacktopped after they see where their construction is leading them. Wili the Council allow the issuance of the building permit under the above conditions? nard L. Kopp cc: B. Nolan Public Works Lyle Swanson ,~,...~,--,..,..,.,- , ~ 7 C O M B S- K N UT S O N A S S O C IAT E S,.~,,.,,::.,~;~c~--.,~,~,,~ _. ! ~'2~?'!JJ~'~;.jJ,~.:}~,::'~I~%~k ' C0t~SULTINO ENGINEERS ~ LAND SURVEY0[]S I~ SITE PLANN October 15, 1979 Mr. Leonard Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 12800 Industrial Park Bou!evard Plymouth, Minr, esota 55441 Subject: City of Mound A1 & Alma's Parking Dear Mr. Kopp: On October 12, I inspected A1 & Alma's. parking by their building and across Tuxedo Road from the building. The following work has not been done as per the plan submitted on June 18, 1979. 1) All striping and fir~e land and No Parking painting. ?~,.~X% 2) Curb on Tuxedo Road... 3) Curb on Piper Road° 4) ~lacktop on ~est side of building.: ..... ~i~/LC~ If you have any questions or need more information on this,' please advise. Very truly yours,- McCOMBS-KNUTSON ASSOCIATES, INC. Lyle Swanson, P.E. ' ' LS:sc Minneapolis- Hutchir~son - Alexandria- Granite Fails 3-79 CITY OF MOUND Mound, Minnesota November 8, 1979 COUNCIL MEMORANDUM NO. 79-409 SUBJECT: Bid - Storm Sewer - Rustic Park The City has developed 4 lots called 'lRustic Park" and have authorized their sale. Storm sewer should be installed and the bids have been received as follows: F.F. Jedlicki, Inc. Widmer Bros. $9',115.00 8,525.00 The bids are considerably over the original estimate. Possibly a better price could be obtained in the Spring. The Engineer will be requested to comment on this. cc: McCombs-Knutson COMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS ~ LANO SURVEYORS ~'~ SITE PLANNERS Reply To: 12800 Industrial Park Bou!,-,,ard Plymouth, Minnesota 5544.1 (612) 559-3700 November 6, 1979 Mr. Leonard Kopp City Manager City of Mound 5341 Maywood Road Mound, MN 55364 Subject: City of Mound Rustic Park Storm Sewer Dear Mr. Kopp: Enclosed are two proposals for installing the storm sewer at Rustic Park. Widmer Brothers is low at $8,525.00. If you wish to have this done, we should award a contract as soon as possible. Very tr_uly yours, McCOMBS-KNUTSON ASSOCIATES, INC. Lyle 'Swanson, P.E. LS:sj Enclosures #2113 Minneapolis- Hutchinson - Alexat Granite Falls PROPOSAL Honorable Mayor and Me~ers of the city Council City of Mound 5341 Maywood Road Mound, MN 55364 Subject: Mound, MinnesoLa Rustic Park Storm Sewer Gentlemen: We, the undersigned, having carefully examined the site of the proposed work and the plans prepared by McCombs-Knutson Associates, Inc., Consulting Engineers for the subject project, do hereby propose to furnish all labor, tools, materials, and equipment and incidentals required for the complete construction of said project and such other work as may be incidental thereto for:'.the following u~it or lump sum prices. ITEM QUANTITY 15" CMP 50 L.F. 18" CMP 272 L.F. Catch Basins 2 EACH Manholes 1 EACH 18" Flared End 1 EACH Rip Rap LUMP SUM UNIT PRICE $_ ,C2_0,4) {_l /LF TOTAL TOTAL B I D .................... r. P-1 The undersigned bidder'also agrees to enter into a contract with the Owner within ten (10) days after the Owner"s acceptance of this Proposal and further agrees to complete the ent~.re work covered in the contract award within 30 calendar days after authorization to proceed. In submitting this bid, it is understood that the right is reserved by the Owner to reject any and all bids, and it is understood that this bid may not be withdrawn within a period of sixty (60) days after the scheduled time for the receipt of bids. (Individual; Partnership; Corporat~_o..L~) P-2 PROPOSAL , 1979 Honorable Mayor and Members of the City Council City of Mound 5341 Maywood Road Mound, MN 55364 Subject: Gentlemen: Mound, Minnesota Rustic Park Storm Sewer We, the undersign:~d, having carefully examined the site of the proposed work and the plans prepared by McCombs-Knutson Associates, Inc., Consulting Engineers for the subject project,' do hereby propose to furnish all labor, tools, materials, and equipment and incidentals required for the complete construction of said project and such other work as may be incidental thereto for:~the following unit or lump sum prices. ITEM QUANTITY UNIT PRICE TOTAL 15" CMP 50 L.F. $ .... ~ ~ ~'~.=~ /LF 18" CMP 272 L F $ /~ ~' /LF Catch Basins 2 .EACH $ .~.~J~'/ /EA Manholes 1 EACH $ ~/~f/' ~ /EA 18" Flared End 1 EACH $ ~ ~'~ ./EA $ $ $ Rip Rap LUMP SUM $ TOTAL BID .................... $ P-1 3c, 77 The undersigned bidder'also agrees to enter into a contract with the Owner within ten (10) days after the Owner"s acceptance of this Proposal and further agrees to complete the entire work covered in the contract award within 30 calendar days after authorization to proceed. In submitting this bid, it is understood that the right is reserved by the Owner to reject any and all bids, and it is understood that this bid may not be withdrawn within a period of sixty (60) days after the scheduled time for the receipt of bids. (Individual; Partnership; Cori':oration) P-2 CITY OF MOUND Mound, Minnesota November 8, 1979 COUNC!L MEMORANDUM NO. 79-404 SUBJECT: Industrial Revenue Bond Criteria The Council held over the consideration of adopting the criteria be- cause of Paragraph "c" and the determination on what is the total assessed (taxable) valuation of the City. The Attorney is checking to see if this is a requirement of the law. If not, it is recommended Paragraph "c" be deleted. Also, the Council was contemplating establishing $175,000 as a mini- mum issue. Because of another item on the November 13th agenda, it is recommended the minimum be $165,000. L~[c~7d L. Kopp CITY OF MOUND, MINNESOTA POLICY AND CRITERIA AS TO THE REVIEW OF M[JNICIPAL INDUSTRIAL DEVELOPMENT BOND APPLICATIONS GENERAL The City Council has been granted the power to issue revenue bonds, commonly called Industrial Development Bonds (IDB's), by the Minnesota Industrial De- velopment Act, Ch. 474, [~inneaota Statu%es (the "Act") of 1976, as amended. The Mound City Council, being aware that such financing may be of benefit to the community by attracting industry and expanding employment opportunities and assist it in redevelopment financing thereby eliminating blighted land, has expressed its support for the use of such bonds but has reserved the right to approve or reject projects on a case basis taking into consideration the following factors: The industrial or commercial project shall be compatible with the overall development plans and objectives of the City and of the neighborhood in which the project shall lie and the project shall be for~ss than $-~7~. after exclusion of any retail in- vent or y .~ ~ ~ ~ The project shall be of a nature that the City wishes to attract, or an existing business the City wishes to have expand within the City considering potential for employment, incentive for further development, increase tax base, impact on City service needs and support for industrial or commercial operations currently located in the City. ~ The/t~otal aggregate amo~u~,t of industrial developmen~t~onds an~r ~ty. The City recognizes that the provisions of the Industrial Develop- ment Act provide industrial and commercial enterprises with potent- ially significant savings in financing costs. These savings are intended to provide the enterprise incentive to locate or expand in Mound. The City will not look favorably on the use or IBD's for limited partnerships and other forms of tax-sheltered busine:;s or- ganizations whereby individuals gain personal tax advantages. The application cannot be considered by the City Council until tent- ative City Code findings and requirements have been made with respect to zoning, building plans, platting, streets and utility services. The applicant's proposed facility, or expansion of an existing one, shall provide a significant number of new jobs within the City. The applicant shall select qualified financial consultants and/or underwriters as well as legal council to prepare all necessary doc- uments and materials. The City Council and the Economic Develop- ment Commission may rely on the opinion of such experts and the application shall be accompanied by applicant's letter of intent and a financial analysis by the underwriter regarding economic soundness of the applicant as well as the financial, consultant/underwriter opinion regarding the financial strength of the applicant, feasibility of the project and ability to sell the bonds, or, in the case of tax exempt mortgage, a tentative letter of com- mitment from the lending institution. The applicant shall be required to furnish seven (7) copies of the following materials: 1) certifiediannual audits for the last tWo fiscal years; 2) the most re~ent quarterly financial figures; 3) the most current rating report of Dun & Bradstreet; and-4) the applicant's realistic financial forecasts for a period of not less than three years; and' 5) such other information as may be re- quired by the City to propertly review the application. Publicly held applications shall submit the ;~.-st recent annual Form IO-K and quarterly Form IO-Q Securities and Exchange Commission reports in lieu of Items a thru d above. The Council may submit this data to financial analysts of its choice. The financial analysts will review the data and make such written comments to the Council as to the current and projected financial position of the applicant in or- der that the Council will be in a position to ~easonably evaluate the applicant's ability to assume costs which are incurred by the City in conducting this fiscal review. The applicant shall select qualified financial consultants and/or Underwriters to prepare all necessary documents and materials re- quired for a Municipal Industrial Development Bond sale,.who will submit a letter of intent which establishes the favorable feasibil- ity of the project. The applicant shall be required to assume all costs which may be incurred by the. City in examining legal and/or fiscal aspects of the proposed project. The applicant must not commence any part of the construction of the · project until there has been pr.eliminary approval by the Council of the application for financing. The City Council reserves the right to deny any application for fin- ancing at any state of the proceedings prior to adopting the final resolution authorizing issuance of industrial development bonds. The City is to be reimbursed, and held harmless, for and from any out-of-pocket 'costs related to the actual or proposed i'ssuance of the bonds. An escrow account in the~,~u%~(~? $~-OO !{Z_~ shall be established to reimburse th~ City for its costs. a. The applicant sha~ ._.ma~e_.an apj)q ~'~ca~t ~oo~tro fi nanc~ able from the~of the City~ound. The applica- tion shall first be reviewed ~;y the City's ' ~ i 1 f r at u an~ such Commis- sion shall forward a recommendation to the City Council. Specific findin9s shall be made regarding employment and satisfaction of public purposes of the Act. b. The applicant shall furnish a description of the project, site plan, rendering of proposed buildin9, brief description of the applicant and the' proposed financin9 in such form as shall be required at the time of application. Such data is to be furnished to members of the City Counci'~ for backgrou.nd information only. c. All applications and supporting materials and documents shall remain the property o~ the City. The Industrial Development Act also permits the Council to issue bonds for certain non-profit corporations. While the Council may consider such requests, the non- profit corporation shall be reviewed in accordance with the criteria noted above as well as the following special criteria: bo The applicant's enterprise will directly FulFill strateglc d~velop- ment objectives of the City. The applicant's enterprise will provide a significant,:number of new jobs for the City. Ce The services rendered by the enterprise shall be of direct benefit to a large segment of the City's population. CITY OF HOUND Mound, Minnesota November 7, 1979 COUNCIL MEMORANDUM NO. 79-399 SUBJECT: Replacement Commerce Boulevard Watermain The County plans on replacing County Road 110, Lynwood to County Road 151. The watermain in the section from Lynwood to Grandview is old and needs replacement. The County has asked that the City draw the plans, seek bids and coordinate the work with the County. It is recommended the Engineer be authorized to draw plans and specifi- cations for a 10 inch main to replace the existing 6 inch main. ~Eeonard L. Kopp cc: McCombs & Knutson 11-13-79 CITY OF MOUND' Mound, Minnesota November 8, 1979 COUNCIL MEMORANDUM NO. 79-410 SUBJECT: Water Inter-Connection - Spring Park Attached is a proposed Joint Powers Agreement with Spring Park to construct, maint, [n and operate interconnecting watermains over the Seton Bridge and over the Black Lake Bridge. A resolution authorizing the Mayor and Manager to enter into the agree- ment. rd L. Kopp ~ cc: Spring Park Police Chief Fire Chief Public Works Director JOINT POWERS AGREEMENT BETWEEN THE CITY OF MOUND AND THE CITY OF SPRING PARK FOR THE INTERCONNECTION OF THEIR WATER SYSTEMS The City of Mound, Minnesota (~'Mound"), and the City of Spring Park, Minnesota (]"Spring Park"), under authority of Minnesota Statutes, Section 471.59, hereby conclude, the following joint and cooperative agree- merit for the interconnection of their municipal water systems. 1. Purpose. The purpose of this agreement is to provide for the interconnections ("the Project") of the municipal water systems of Mound and Spring Park so that these Cities and their water utility users will have greater assurance of continuing water service in times of emergency. 2. Interconnections. Mound and Spring Park agree to interconnect their municipal water systems over Seton Channel as soon as possible, and they agree to provide a second interconnection, over Black Lake Channel, as soon as possible following the scheduled 1980 completion by Hennepin County of the bridge at the site, but if that bridge is not completed by January 1, 1981, the Cities agree to accomplished a suitable alternate interconnection at that site. 3. Construction. Mound shall cause the interconnections to be con- structed; shall engage and compensate the engineer, Eugene A. Hickok & Associates of Wayzata, Minnesoyta; shall engage a~qd compensate suitable contractor or contractors; and in general shall take such actions and incur .such expenses as are reasonable and necessary to complete the inter- connections. 4. Cooperation. While Mound shall be responsible pursuant to para- graph 3 of this agreement for the construction of the Project, both Cities agree to exercise those individual powers, including for example but with- out limitation the acquisition of easements or the application for necessary permits, if any, which may be necessary to complete the project. 5. Project Costs. Each City shall be responsible for 50% of the total Project costs, which include all acquisition, engineering, con- struction, and other reasonable and necessary costs. When Mound pays a Project cost, it shall submit a written itemized statement to Spring Park which shall then reimburse Mound for Spring Park's share of that cost, and vice versa. 6. Water Usage. Each interconnection shall have a valve on both sides of the connection and shall be used only in emergencies. In such event, each City's valve shall be opened by its own employees. In the case of an emergency arising from fire or natural disaster, the valves may be opened by oi'der of the Cities' Fire Chiefs or Police Chiefs. In case of an emergency due to loss of w~ter pressure, the use of the inter- connections may be authorized by the joint approval of the City Manager of Mound and the City Administrator of Spring Park or by the joint approval of the Cities' Public Works Directors. If water is needed for more than 24 continuous hours, it can be supplied only upon the request of one City Council and the approval of the other City Council. 7. Charges for Water Usage. The volume of any water used shall be calculated according to the length of time the valves are open, the size 3o7 ' of the pipe and the water pressure flow. Charges for each volume unit of water used will be based upon the average of the water rates charged by the two Cities. For example, if at the time of water usage, Mound charges 70¢ per 1,000 gallons and Spring Park charges 60¢ per 1~000 gallons, then the rate charged will be 65¢ per 1,000 gallons. 8. Maintenance. Each City will maintain the pipes and equipment within its own City limits and will be solely responsible for the cost of such maintenance. If it is impossible to identify a needed repair as being in one City or the other, the repair will be made jointly and the cost of the repair will be shared equally. 9. Termination of Agreement. This agreement may be terminated by either City by the City Council of the City desiring termination giving three years (36 months) written notice to the City Council of the other City. 10. In the event of disassembly of the system~ each City will be responsible for the disassembly and removal of the pipes and equipment within its boundries. : IN WITNESS AND EXECUTION of this Agreement, and pursuant to authorization of their respective City Councils, the Cities of Mound and Spring Park have entered into this Agreement and have affixed their corporate seals hereto. CITY OF MOUND ~By By CITY OF SPRING PARK Mayor Mayor By By City Manager Dated' City Administrator (SEAL) (SEAL) Dated: 3 3o77 RESOLUTION NO. RESOLUTION APPROVING JOINT P~[ERS AGREEMENT WHEREAS, the Cities of Mound and Spring Park have nego- tiated for an interconnection of the water systems of the two cities; and WHEREAS, a preliminary engineering report has been prepared by E. A. Hickok & Associates, and WttEREAS, a Joint Powers Agreement has been prepared estab- lishing the terms agreed upon by the two cities; NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Mound. The attached Joint Powers Agreement between the Cities of Mound and Spring Park for the interconnection of their water systems is hereby approved. The Mayor and City Manager are authorized and directed to execute 'the agreement. A copy of this agreement marked Exhibit A shall be incorporated in an¢~ made a part of this resolution. Mayor Attest: City Clerk -13-79 CITY OF MOUND Mound, Minnesota November 8, 1979 COUNCIL MEMORANDUM NO. 79-411 SUBJECT: Tax Forfeit Land - Lot 1, Block 26, Wychwood The Council has authorized the purchase and resale of the subject lot at a private sale. We have received an appraisal on the lot and a resolution authorizing the purchase and resale at $2,825.00 is requested. County Sale Price Tax Charged by State City Costs (Legal, etc.) Total Cost & Sale Price $2,5OO.OO 75.O0 25O.0O $2,825.00 This will be listed on the November 13th agenda. Leon'ard L. Kopp cc: R. DeGardner 11-13-79 CITY OF MOUND Mound, Minnesota November 9, 1979 COUNCIL MEMORANDUM NO. 79-412 SUBJECT: Tax Forfeit Land - Lot 1, Block 3, Devon The owner of Lot 2, 3 and 4, Block 3, Devon, Mrs. Kenneth Hoffman, has requested the purchase of Lot 1 which is tax forfeit. The City has taken for street purposes the Southeasterly 10 feet of the lot plus a 30 foot triangle at the corner of Hanover and Island View Drive for street purposes which makes this a small lot. The original sewer and water assessments remain on the property ezcept $46.39 paid on them. The assessments are: Levy Project Amt.Assessed Amt. Pd. Balance 3180 Sanitary Sewer $292.00 $5.66 $286.34 3388 Sewer Lateral 602.36 25.39 576.97 3397 Island Park Water 364.22 15.34 348.88 Balance $1,212.19 It is recon~mended ~'he lot be sold for the following: County Sale Price State Tax City's Cost Balance of Special Assessments Total $ 400.00 12.00 250.00 1,212.19 $1,8'/4.19 A resolution authorizing the Mayor and Manager to purchase and resell the lot is requested. cc: Mrs. K. Hoffman Z ~Nt/-'l .~)'ION~'O~::I CITY OF MOUND Mound, Minnesota November 8, 1979 COUNCIL MEMORANDUM NO. 79-401 SUBJECT: Delinquent Utility Bills Attached is a list of past due water and sewer accounts. These accounts are over six months past due and should be turned off for non-payment. In order to turn off the water, the Council should hold a public hearing. A suggested date for the public hearing would be December 1979. Leonard L. Kopp Account No o 33-463-~660-81 33-lt75-~626-31 33-484-452~-21 33-500-4~29-71 33-500-3126-71 33-569-~882-2i 33-578-~871-81 33-581-288%-21 33-581-2901-71 33-587-30~%-9t 33-59~-5125-!1 33-%96-~908-81 33-596-4916-11 33-%99-~700-31 33-623-5238-11 33-635-5129-61 33-638-32~3-1t 33-641-5251-61 Delinquent Utility Bills (Over Six Months 01d) Amom~t $~1.o8 56.12 73.28 63.84 ~1.~4 120.11 4~.74 140.7~ ~3.6% 31.68 61.97 76.~3 ~9.~a 69.5z lO5.O8 6o.29 27.90 11-7-79 ~5o7/ 3-79 CITY OF MOUND Mound, Minnesota November 9, 1979 INFORMATION MEMORANDUM NO. 79-119 SUBJECT: Tax Forfeit Land Some of the purchasers of single (undersized) lots on the private purchase plan devised by the Council have asked if the City would buy the land on a contract (20% down) and the balance over 10 years at 4% interest.' Under the contract plan, the purchase would pay all the City's cost and the City would then assign the contract. At one time, we were advised that Orono handled the sales by the above method. In discussing this with one Orono representative, he said that he was told Mound handled them as above. It would seem to us that the method being used at present is the best for the City. The decision on whether or not to change would be up to the Council. Leohard L. Kopp /-- OFFICE OF PLANNING & DEVELOPMENT A-2308 Government Center Minneapolis, Minnesota 55487 5341 ~,~ay~ood Road Mound, ~N 55364 ~.,.,j~ ,' Dear Mayor Lovaasen: The Hennepin County Board of Commissioners recently announced its intention to designate a Community Action Agency to serve suburban and rural Hennepin County. Enclosed is the notice of a public hearing to be held from 4:00 pomo to 8:00 p.m. on Tuesday, December 11 in the Council Chambers of the City of Crystal, 4141 Douglas Drive North, Crystal, Minnesota. This hearing is re- quired prior to any Board action formally designating a Community Action Agency. There are two major issues which need to be addressed as Dart of this hearing process. The first of these concerns the need for a Community Action Agency in the suburban and rural part of the County. A study done by this Office in April, 1979 supported thN need, with qualifications, for such an agency. In addition, the three suburban Human Services Councils have completed additional studies which further support the need for a Community Action Agency. The second of the two issues concerns the organizational structure for a Com- munity Action Agency. There have been two organizational structures proposed to date. The "merger" structure proposes to develop a Community Action Agency through a merger of the existing Human Services Councils. This structure would create a single organization which, while its primary focus would be the needs of the poor and near poor, would serve the needs of all residents of the subur- ban and rural area of the County without creating another agency. The "linkage" structure developed by the suburban Human Services Councils proposes the de- velopment of a new agency in additi'on to the existing Councils. There would be administrative linkages between the Councils and the Community Action Agency but the new agency would have as its only focus the needs of the poor and near poor. It is important that the Board have the opportunity to hear from municipal officials and the general public as these two issues are considered. If you ~vould like additional information concerning Community Action Agencies, the material developed during the County's examination of the need for such an agency, or about the public hearing, please contact David Parachini who may be reached in this Office at 348-5106, Si ~cere~y.,_ .-.? , 'P~-i 1 i p C?EckheCt . Director cc: Mary H. Marske HENNEPIN OOUNi'Y an equal opportunity crnployer NOTICE OF PUBLIC HEARING November 7, 1979 Notice is hereby given that it is the intent of the Hennepin County Board of Commissioners to designate a Community Action Agency for suburban and rural Hennepin County. A public hearing on the intent of the Board of Commissioners to make this designation will be held on Tuesday, December 11, 1979 beginning at 4:00 p.m. and continuing until 8:00 p.m. in the Crystal City Hall which is located at 4141 Douglas Drive North, Crystal, Minnesota. The purpose of this hearing will be to receive testimony concerning the designation of a Community Action Agency from all citizens of Hennepin County and other concerned parties. Hennepi n~County Commi s~ione~s Chatrperson[ Hennepin County Board of Commissioners For additional information concerning the public hearing or the intent to designate a Community Action Agency, contact David Parachini in the Hennepin County Office of Planning and Development at 348-5106. 300 Metro ~quareI3uilding, Tth ~treet and~obert ~treet, Saint Paul, ~i ~':~ . · ~ 6 , 291-6359 /~ne Metropolitan Council will hold a public hearing at 7 p.m. // on November 26 in the Council offices to hear comments on /' guidelines and procedures the Council is proposing to use in / its review of local housing bond plans. __~ ~'~-~ M~nnesota law requires Metro~p. olita~ GounCf~"~~nicipal p oposals before'-tax~~{' ~enue bonds to provide reduced mortgage interest rates for housing can be. sold. The Council review involves three aspects: 1) whether the bond proposal furthers local and regional housing policies; 2) whether the proposal is compatible with the housing portion of the comprehensive plan of the city; and 3) whether the proposal helps to meet the stated housing needs of the city. You are encouraged to attend the hearing and make comments or submit written comments. Sincerely, Charles Weaver Chairman CW/kg Eric/one Anoka (3ounty ,9 (;~trvc~r (,',.~ullty (~ 'D~d~ot~ (Joul~ty :~ Hmxnel~in County o lkainacy (Jounty 4' ~cott (Joy,liLy ,", MY~h~ngto~ County CLAYTON L. L£FEVER£ HERBERT P. LEFLER CURTIS A. PEARSON J. DENNIS O'BRIEN JOHN E DRAWZ DAVID J. KENNEDY JOHN B, DEAN GLENN E. PURDUE JAMES D. LARSON LAW OFFICES LEFEVERE, LEFLER, PEARSON,O'BRIEN & DRAWZ IIOO FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 55402 November 5, 19 79 TELEPHONE (6 I ~') 333-0543 Mr. Len Kopp, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: Car Wash Dear Len: On September 18, you wrote me and indicated that the Co~mcil would like to consider an ordinance licensing car washes. I have looked all over and to date have only been able to find one car wash ordinance which establishes a fee but does not impose conditions. I am writing NIMLO and am hopeful they will be able to send me a suggested ordinance. I will be back in touch with you as soon as I have anything definitive to report. CAP: ih En closure Very t~y yours, C'u~~' Pearson City Attorney November 7, 1979 5341 M, AYVFOOD F~OAD MOUt,~D, MINNESOTA 55364 (612) 472.1155 ' Mr. Curtis A. Pearson I100 First National Bank Building Minneapolis, MN. 55402 Dear Curt: Attached are copies of two letters received today from the Insurance Company regarding claims against the City. One on the claim of Miller and the other of Eddy. By copy of this letter, I am asking Department Heads to advise all employees of the admonition in the third para- graph of the Eddy letter. Sincerely, ~.Le~na~d L. KoppN~ City Manager ~... LLK/ms Encl. cc: Council Public ~lorks Police Chief Clerk-Treasurer Fire Chief LIFE & CASUALTY Casualty & Surety Division 110 South 7th Street Minneapolis, Minnesota 55402 340-5000 October 25, 1979 City of Mound 5341 Maywood Road Mound, MN Attention: Mr. Leonard Kopp Dear Mr. Kopp: RE: OUR INSURED: CITY OF ~{OUND, FILE NUMBER: W 37 GP 260148 RG, DATE OF LOSS: JUNE 1978, RE: JAMES AND LINDA MILLER VS. CITY OF MOUND. As you are aware, we have been defending the above captioned incident on your behalf. At this time I would like to direct your attention to the policy of insurance which you carry wit]~ us ~hich.under the "DEFINITIONS" section provides as follows' ""occurrence" means an accident, including continuous or repeated exposure to conditions, which results in bodily injury or property damage neither expected nor intended from the standpoint of the insured;" T;-~e plaintiff alleges that on numerous occasions, after notifying the City of Mound of drainage Problems, that he sustained water damage to his residence and premises. ~ecause of the lapse of time between the date the plaintiff alleges that he notified the City of Mound and the resulting alleged-water damage- occurring later, we find it necessary, to reserve our rights and disc:laim coverage on the ground that the damages occurring after the City of Mound was notified of the claim would not be the definition of "occurrence" in your policy. L-408-A Page 2 We will conduct any investigation or activity in connection with the case under a full reservation of the company's rights. Such investigation or activity does not prejudice our rights to disclaim coverage at a later date. Please understand we are not denying the coverage or protection afforded under your policy. We are sending this letter so that we can proceed to handle the investigation of this case pending our decision as to whether or not the damages occurring after the City of Mound was notified of the problem meet the definition of occurrence in your policy. We will inform you of our decision of this point when are investigation is complete. In the meantime, your rights and interest are being protected. Yours truly, A1 Norman Claim Representative AN/m LIFE & CASUALTY Casually & Surety Division 110 South 7th Street Minneapolis, Minnesota 55402 340-5000 October 25, 1979 ~ity of Mound 5341 Maywood Road Mound, ~ 55364 Attention: Mr. Leonard L. Kopp RE' OUR INSURED' CITY OF MOUND, FILE NUMBER: W 37 PP 258486 RG DATE OF LOSS: UNKNOWN, REGARDING: EDDY VS. CITY OF MOUND Dear Mr. Kopp: We acknowledge receipt of the Summons and Compali~t served by the plaintiffs on or about September 25th, 1979. The prayer is for a total of $7,915 plus costs and disbursements which does fall within your policy limits. Defense of this matter has been referred to the firm of Faegre and Benson, 1300 Northwestern National Bank Building, Minneapolis, Minnesota. You are requested to give your cmaplete cooperation to them. uPnl~ase do not discuss this case or allow any of the witnesses er your control to discuss this case xvith any adverse party ]or to give information about the case to anyone other than the police, a representative of this company, or the ::ttorneys identified above. also direct your attention to the policy of insurance which you carry with us which-under the "DEFINTIONS," section provides as follows: ""occurrence" means an accident, including conti.nued to repeated exposure to conditions, xvhich result in bodily injury or property damage neither expected nor intended from the standpoint of the insured;" The complaint alleges that for a period of years prior to July 14, 1978, the plaintiff notified the City of Mound of drainage problems on his property and that the situation was not corrected. Because of these allegations, we find it necessary to reserve our rights to disclaim coverage on the ground that this loss may not fit the definition of occurrence under your policy. L-488-A '" .... ' ' '] he: e~ Page 2 We will conduct any investigation or activity connected with the case under a full reservation of the company's rights. Such investigation or activity does not prejudice our right to disclaim coverage at a later date. Please understand that we are not denying the coverage or protection afforded under your policy. We are sending this letter so that we can proceed to handle the investigation of this case pending our decision on whether the loss comes within the terms of your policy of insurance and if not, whether the circumstances require us to deny our coverage. We will inform you of our decision on this point when our investigation is complete. In the meantime, your rights and interest are being protected. Yours truly, A1 Norman Claim Representative AN/m Don David Agency Steve Anderson, Faegre and Benson C TY of MOUND Novembe.r 7, 1979 5341 MAYWOOD ROAD MOUND. MINt~E$OI'A 55364 (612) 472-1155 . Mr. Lyle Swanson McCombs Knutson Associates 12800 Industrial Park Boulevard Plymouth, MN. 55441 Dear Lyle: Attached is a copy of a "Notice of Claim" received today by certified mail from the Attorney of Matthew Phillippi for damages allegedly caused by street construction. I believe this should be handled by the Contractor. Sincerely, Leonard L. K6pp.... City Manager LLK/ms Encl. CC: City Attorney Don David Agency Public Works Dept. City Council H. Kelsey Page LAW OFFICE h. KELSEY PAGE 464 SECOND STREET - SUITE 1 20 EXCELSIOR, MINNESOTA ,.55331 PHONE (612) 474-04,4.1 November 5, 1979 Mound City Council 5341 Maywood Road Mound, MN 55364 Subject: Notice of Claim: Matthew Phillippi; Lots 1 and 22, Block 14, Avalon, Hennepin County, Minnesota Dear City Council: I enclose a Notice of Intention to claim damages against the City of Mound, and Statement of Facts explaining the nature of the claim. Mr. Phillippi hereby requests and demands full payment of this claim, or written confirmation of denial, or amiability to satisfaction at a differing amount. Mr. Phillippi hereby further demands pursuant to M.S.A. 117.055 a right of way map indicating which of Mr. Phillippi's land was taken in the street widening of Manchester Lane. Your attention to these matters will be appreciated. Truly yours, H. Kelsey Page, Attorney Enc. HKP:an NOTICE OF CLAIM You, the City of Mound, are hereby notified, pursuant to M.S.A. Sec. 466.05, that Matthew Phillippi fee owner of Lots 1 and 22, Block 14, Avalon, Hennepin County, Minnesota, intends to claim damages against said City for unlawful taking of portions of his real property in the road widening on Manchester Lane, which occurred during the sumner of 1979. Mr. Phillippi will make further claim for damage to the foundation of the existing structure situated of Lots 1 and 22, Block 14, Avalon, as well as destruction of a portion of an outside stairway attached thereto. Said damage and taking of land is of the reasonable value of Five Thousand Dollars. DATE: November 6, 1979 Mr. Ma~the~w Phill'ip~l 21155 Minnetonka Boulevard Excelsior, Minnesota 55331 STATEMENT OF CLAIM Manchester Lane was widened during the summer of 1979. The portion of the road in front of Mr. Phillippi's premises was widened across the northern boundaries of Lots 22 and 1, Block 14, Avalon, Hennepin County, Minnesota. Approximately one foot of Mr. Phillippi's premises was taken in this expansion without his approval or consent. In the process of excavating Mr. Phillippi's premises for widening, the road crew hit the foundation and severely cracked it. Part of the stairway along the Manchester Lane frontage was also sheared off, the remainder being damaged. Mr. Phillippi believes the approximate value Of the damages he has incurred is Five Thousand Dollars ($5,000.00). Mr. Matthew}' Philli~i 21155 Minnetonka Boulevard Excelsior, Minnesota 55331 LAKE MINNETONKA CONSERVATION DISTRICT REGULAR MEETING GRAY FRESHWATER BIO~eO~tleCmA~e;N~7~ NAVARRE, MI;~~ The regular meeting of the Lake Minnetonka Conservation District was called to order by Chairman Paurus at 8 p.m., Wednesday, September 26, 1979, at the Gray Freshwater Biological Institute, Navarre. Members present: Thomas Maple (Deephaven), Jerry Johnson (Excelsior), Robert Brown* (Greenwood), David Nixon** (Laketown Township), Robert Pillsbury (Minnetonka), David Boies (Minnetonka Beach), Walton Clevenger (Minnetrista), Norman Paurus (Orono), Robert Naegele (Shorewood), Frank Hunt (Spring Park), Ed Bauman (Tonka Bay), Richard Soderberg (Victoria), and Robert Slocum (Woodland). Communities represented: Thirteen (13). * **Arrived late. Bauman Moved, Johnson Seconded, that the minutes of the July 25, 1979 meeting, be approved. Motion, Ayes (11), Nays (0). Hunt Moved, Pillsbury Seconded, that the Treasurer's report be approved. Motion, Ayes (11), Nays (0). Hunt Moved, Johnson Seconded, that the bills be paid. Motion, Ayes (11), Nays (0). LAKE USE COMMITTEE: Pillsbury reported that the committee reviewed the Wayzata Chamber of Commerce's application for an antique boat race to be held between 3 p.m. and 4 p.m. Saturday, September 29th. After noting that the District approved an antique boat fly-by in August at approxi- mately the same Wayzata Bay location, but that the District has not approved motorboat races in the past, the committee recommended Board approval with stipulations. Boies Moved, Bauman Seconded, that the Special Event Permit application by the.Wayzata Chamber of Commerce for an antique boat race on September 29th be approved with the following stipulations: (1) the maximum speed to be 40 mph; (2) the race markers be placed and removed the same day, and be at least 300' from shore; (3) a scaled drawing of the race course be submitted; (4) the race be conducted under the supervision of the Water Patrol, in agreement with LMCD Code; and (5) the District review its motorboat race policy. Motion, Ayes (10),'Nays (2), Brown and Clevenger voting Nay. The co~mmittee reviewed the application by Curly's Minnetonka Marina to place three Slow buoys in front of the marina to reduce wake problems in the marina boat storage area, and recommended Board approval with stipulations. Pillsbury Moved, Bauman Seconded, that the Special Event Permit Applica- tion by Gordon Koch of Curly's Minnetonka Marina permitting him to place three Slow buoys in front of the marina to reduce wake problems occurring in the marina boat storage area, be approved with the following stipula-- tions: (1) the buoys meet county specifications, and (2) the buoys to be located under Water Patrol supervision in agreement with LMCD Code. Motion, Ayes (12), Nays (0). CALL TO ORDER MINUTES TREASURER'~ REPORT SPECIAL EVENT: ANTIQUE BOAT RACE SPECIAL EVENT: CURLY'S BUOYS LMCD Board M~nutes September 26, 1979 Page 2 Pillsbury reported that in agreement with previous developments concerning the Highway 101/Causeway project, the Minnetonka City Engineering Depart- ment has developed a preliminary plan showing minimum fill of 1200 cubic yards to be placed in the Lake, with a total of 1800 cubic yards needed to meet minimum grade requirements. A staff meeting was held with the Cities of Wayzata and Minnetonka, and a joint agreement proposal will be developed for Wayzata's consideration on October 2, covering the issues involved, including the fill question, jurisdiction and ownership, and operation of the proposed facility. Pillsbury reported that the committee discussed (1) the condition of channel signs on the Lake with the report of disappearance of channel markers on the west side of Halsteds Bay and the west side of the Priests Bay channel, and (2) the placement of signs on the Forest Lake bridge. The committee scheduled a review of sign placement needs for April, ahead of the 1980 boating season. The committee also reviewed the 1979 Slow buoy placements, noting the following~ The placement of one Slow buoy in the center of the Grays Bay channel on the east side of the bridge has worked satisfactorily, and should be continued. 2. The relocation of buoys in Black Lake has been successful in directing traffic away from the north point. 3. The north Seton Channel Slow buoy placement needs to be reviewed further. 4. The requested ten new Slow buoys have been budgeted by county Public Works. The placement of Slow buoys in Excelsior Bay (which had been scheduled for review after this summer's inspection tours), needs further con- sideration and discussion, and possibly a public hearing. The committee accepted the outline of the LMCD Comprehensive Lake Manage- ment Program for study and discussion at a subsequent meeting. Board members are requested to review the outline and make recommendations to the committee. The Water Patrol submitted to the committee a comput~erized-type activity report for August, which substantiates earlier reports that Patrol en- forcement activity has increased over last year. The computerized reports available from the state (based on state-wide water patrol reports) do not provide adequate detailed breakdowns of Water Patrol activities which are required for LMCD purposes. The necessary reports may be developed through the county, or from a private service. The committee reviewed shore land preservation programs, noting that the state,-watershed distr,.ct, and municipalities are regulating shoreline CAUSEWAY ACCESS CHANNEL SIGNS SLOW BUOY PLACEmeNTS COMM. PROGP~M W.Po REPORT LMCD Board Minutes September 26, 1979 Page 3 setbacks for structures. Preservation of shoreline appearance and the development by member municipalities of tree-cutting ordinances to main- tain a shoreline green belt, has not been as successful. The committee intends to encourage and step-up this process by developing a model tree-cutting ordinance for consideration by member municipalities. The committee noted that the contract with the county for Water Patrol services is now a coatinuing contract which may be amended by mutual agreement of the parties, and may be terminated upon a 90-day written notice prior to the end of any year. Pillsbury Moved, Naegele Seconded, that the report, be accepted. Motion, Ayes (12), Nays (0). WATER STRUCTURS & ENVIRONb~NT COmmITTEE: Brown reported that the com- mittee reviewed the hearing panel's recommendation for the dock license application at Pelican Point, and reco~nended approval with stipulations. Brown Moved, Bauman Seconded, that the dock license application for the Pelican Point Development be approved with the following stipulations: 1. the license be granted for 28 slips and l0 moorings; the frontage be based on the contiguous shoreline of the development, including Pelican Point; the 929.4 NGVD shoreline apply; and the docks be located north of the Point along the main shore, to protect the natural area of the point and the fish spawning area. Motion, Ayes (12), Nays (0). The committee reviewed the hearing panel's recommendation regarding the City of Wayzata's application for an amended dock license and width variance, amd recommended approval with stipulations. Brown Moved, Bauman Seconded, that the amended dock license application by the City of Wayzata to provide 6 transient slips, a fishing dock, and an observation platform on Wayzata Bay at the depot, be approved as modified, subject to (1) withdrawal of the width variance application, (2) the discussed recommendations concerning dock construction, and (3) conformance to the LMCD Code requirements. Motion, Ayes (12), Nays (0). The committee reviewed the application submitted by Bruno Burak for the Lakeview Restaurant for its 1979 license, which is identical to the license granted in 1978 except that ownership has reverted back to Burak under the Contract for Deed. The committee reco~mnended approval and that any public hearing requirement be waived. Subsequent to the committee meeting, the City of Spring Park notified the District that the Lakeview is not in compliance with its parking ordinance and has not submitted an application for a license from Spring Park. PROPOSED TREE- CUTTING ORDINANCE W.P o CONTRACT PELICAN POINT LICENSE WAYZATA DOCK LICENSE AFfEND~NT LMCD Board Minutes September 26, 1979 Page 4 Hunt Moved, Paurus Seconded, that the dock license application for the Lakeview Restaurant, be tabled. Motion, Ayes (12), Nays (0). LAKEVIEW LICENSE At the last regular meeting the Board referred to the committee the matter of structures on co~nercial docks. The committee has concluded that there is no demonstrated need to change previous committee recom- mendations denying such structures, or that a change is needed in the current ordinance; however, the cor0~ittee will review the matter after development of further information. STRUCTURE~ ON DOCKS The committee reviewed the remote/riparian access question referred by the Board in response to a request from Heysted-Peterson at the last regular meeting, relative to the granting of easements or other con- tractual arrangements for gaining such access. The committee felt that (1) the recent adoption of amendment changes which prevent the gaining of residential littoral rights through easements or other methods (except by construction of a residence on a site), and (2) without further definition of the non multiple (4-boat) allowance at such a site, the Code is currently adequate. The committee recommended that the District enforce the current Code in this area, but review the entire subject again next year, after another season of experience. REMOTE/ RIPARIAN ACCESS The committee discussed the use of some multiple residential docks for purposes other than for what was originally granted. The committee will develop additional information about proposed use of docks during the 1980 licensing process in cases where the need is indicated. USE OF DOCKS The committee reviewed standards under which 1980 license applications will be reviewed, indicating that applications shall include: (a) county plats, covering areas adjacent to licensee, (b) certifSed surveys of the licensee's property, and (c) site plan of the dockage to be easily .co- ordinated with the survey. The committee will review Boat Storage Density for cormnercial installations at the next committee meeting. 1980 LICENSE STAH~A~RDS Paurus Moved, Nixon Seconded, that the committee report, be accepted. Motion, Ayes (13), Nays (0). OTHER BUSINESS: The attorney gave the second readings of a proposed Code amendment relating to unauthorized boat storage in DUA's, and of a proposed Code amendment dealing with the removal of unauthorized boats. Hunt Moved, Johnson Seconded, that the second reading of two proposed 2nd READIN~ CODE AMEndMENTS Code amendments, as modified, be accepted. Motion, Ayes (13), Nays (0). Maple reported that the Nominating Committee thanks the present officers ~, NOMINATING for their services this past year and, after reviewing possible candi- ~ COmmITTEE dates, nominated the present slate for the next term. REPORT Maple Moved, Nixon Seconded, that nominations be closed and that the present slate of officers, namely Chairman Norman Paurus, Vice Chairman~ OFFICERS Ed Bauman, Secretary Jerry Johnson, and Treasurer Frank Hunt, be elected ELECTION for the 1979-80 District term. Motion, Ayes (13), Nays (0). LMCD Board Meeting September 26, 1979 Page 5 Nixon reported that the special law to adjust LMCD levy funds on account of Laketown Township's annexation by Victoria has been signed by the Governor, and requested an appropriate resolution by the LMCD to imple- ment this change. The attorney will draft such a resolution for LMCD consideration. The attorney reported that questions had arisen with respect to North Shore Drive Marina regarding the definition of shoreline. Brown Moved, Hunt Seconded, that a letter to be submitted to Orono be prepared regarding NorhhShore Drive Marina, and a subsequent proposed ordinance amendment be drafted for Board consideration to clarify that shoreline description is based on the elevation of 929.4 NGVD (National Geodetic Vertical Datum) 1929, for permanent and commercial docks. Motion, Ayes (13), Nays (0). Paurus reported that the Executive Con~ittee recommended the Executive Director receive a salary increase based upon performance and merit. Brown Moved, Pillsbury Seconded, that the Executive Director be given a 6.8% salary increase effective January 1, 1980. Motion, Ayes (12), Nays (0), Abstains (1), Soderberg abstaining. Paurus reported that changes in University of Minnesota policy have affected the use of the Gray Freshwater Biological Institute, and it will no longer be available for regular LMCD Board meetings. The next LMCD regular meeting will be held at the Tonka Bay Village Hall, and future meeting places will be announced. ADJOURNMENT: Johnson Moved, Soderberg Seconded, at 9:55 p.m., that the meeting, be adjourned. Wotion, Ayes (13), Nays (0). LAKETOWN LEVY SHORE ELEVATION SALARY MEETING LOCATION C~iNGE ADJOURNED Submitted by: Jerry Johnson, Secretary Approved by: Norman W. Paurus, Chairman 2. 3. 4. AGENDA .,~~~. Minnehaha Creek Watershed District~ ,~.~.~/ November 15, 1979 /~ Wayzata City Hall ..... i'" 7:30 p.m. Call to order; present, absent, staff. Reading and approval of minutes of regular meeting, 10/18/79. Approval or amendment of November 15, 1979 agenda. Hearing of permit applications: Be 71-34. Prudential Insurance Company of America- permit request to discharge cooling water to Brownie La~e-Minneapolis. 79-133. D. Wiltz - Rip-rap placement at 2665 Maple Ridge Lane - Orono. C. 79-135. L. Saliterman - Grading/drainage plan for an office building and parking lot to be located west of application no. 79-134 - Minnetonka. D. 79-136. K. Carlson - after the fact review of drainage alteration at 3247 Casco Circle - Orono. E. 79-137. R. Hedtke - Rip-rap placement at 5530 Howards Point Road - Shorewood. Fo 79-138. Towns Edge Properties - Grading/drainage plan for an office building and parking lot to be located east of application no. 79-134 - Minnetonka. 79-139. Minnetonka Holding Company - Fill placement in wetlands, Holdridge Road - Minnetonka. 5. Correspondence. Hearing of requests for petitions by public for action by the Watershed District. 7. Reports of Treasurer, Engineer and Attorney. A. Treasurer's Repc, rt- Mr. Russell. (1) Administrative Fund Report. (2) Minnehaha Creek Improvement Project Fund Report. B. Engineer's Report- Mr. Holmquist. (1) Cooperative Agreement Project. C. Attorney' s Report - Mr. Macomber. (1) Upper Watershed Storage and Retention Project. (2) District regulation revision. (3) Initial project cost financing. 8. Oi~d Business. A. Private vehicular bridge at 11907 Cedar Lake Road. New Business.' Adjournment. MINUTES OF THE REGULAR MEETING OF THE BOARD OF MANAGERS OF THE MINNEHAHA CREEK WATERSHED DISTRICT October 18, 1979 The regular meeting of October 18, 1979 was called to order by Chairman Cochran at 7:30 p.m. at the Wayzata City Hall, Wayzata, Minnesota. Managers Present: Cochran, Lehman, Russell, Thomas, and Gudmundson. Also present were board advisors Hickok, Fretheim, and Peterson. Also in attendance was the Honorable Richard Kremer, Hennepin County Commissioner. Approval of Minutes The minutes of the regular meeting of September 20, 1979, and its continuation were reviewed. Following discussion, it was moved by Russell, seconded by Thomas, that the minutes be approved as published with a typographical correction on page 9. Upon vote the motion carried. Approval of Permit ~pptications The managers reviewed a written memorandum from the engineer dated October 18, 1979 summarizing the nature of the following applications and indicating that the applications comply with the applicable standards of the District and recom- mending approval on the terms and conditions as set forth i~ his written memorandum. G. Johnson - Fill Permit Renewal, Halstead Bay, Lake Minnetonka - Minnetrista; Application No. 73-55. R. Askeland - Setback Variance Permit Renewal, 2059 Dickson Avenue - Spring Park; Application No. 76-97. DeGregory, Crist, Ellis - Rip-rap Permit Renewal at 2699 Kelly Avenue - Excelsior; Application No. 78-42. G. Eklof - Rip-rap Permit Renewal at Lot 4, Block 10, Douglas Beach Addition - Minnetrista; Application No. 78-103. Berry Island Co. - Placement of Utilities in the Autumn Ridge Subdivision - Minnetonka; Application No. 79-36. October 18, 1979 Page Three 945.0 and construction of the storage area under the garage at an elevation of no lower than 944.5, and {3) gravel stabilization and shaping of the area between the house and the 943~5--~takeshore contour subject to the condition that the shaping-'~'~ result in contours higher than 945.5. The permit would,,also be .s~bject to the engineerts recommendations. Upon vote.the mQtio'~'carr~d%,, With Russell voting Nay. .../ /~/ F. Widmer - Grading/drainage plan for/the;construction of a building and parking lot, Lot 26, Lafayette Park - MOund; Application No. 79_125.~ .... (_' /' ......... -- ~he engi~'~-reviewed this aPP~ic~ion fOr a ~rading and drainage plan for the construction 6~ a cold storage building./ and parking lot in Mound. Runoff wi~be collected by a FrenCh drain for treatment and then will flow~)~erland to a W~etI~nd owned by the applicant. It was the engineer's~%-ni~n~tha~{~the French drain and wetland would provide sufficient storage for storm water runoff from the site. The engineer also recommended the installa- tion of hay bales to prevent erosion during construction and that the applicant be informed that no further filling of the wetland would be allowed. A1 Schendel appeared on behalf of the applicant and responded to the managers' questions. He indicated that no wetlands were being filled presently but that wetlands in the area had been filled in the past. Following discussion, it was moved by Lehman, seconded by Russell, that the permit be approved subject to the engineer's reconnnendations'and subject to the further conditions that no fill be placed in the wetlands on the site without a permit from the Watershed District and that the applicant is required to maintain the French drain so that it will be effective and operating at all times. Upon vote the motion carried. Duraps, Inc. - Grading/drainage plan, North of County Road No. 16, east of Linber~h'DriVe -' Minne'tonka;' Ap~li'~a'tion ~'9-129.' The engineer reviewed this application for a grading and drainage plan for a 22 lot residential develo~ent in Minnetonka. Storm water runoff will be directed to a low-lying area north of the proper~y which does not have an outlet. The engineer reported that the City of Minnetonka has a conservation easement over the low-lying area and that the City has indicated that the applica- tion is in conformance with the City's overall storm water plan. The managers expressed concern about the fact that the low-lying area had no outlet and concern about the capacity of the area to accommodate the total drainage area which is larger than the pro- posed development. They also expressed concern that nearby develop- ment is low and might be flooded. Following discussion, it was moved by Lehman, seconded by Gudanundson, that the application be referred back to the City of Minnetonka Engineering Department for review in light of the fact that there was no provision for Page Four an outlet or an easement for overflow. The managers indicated that they wished to know what the City's long-range plans were for the area. Upon vote, the motion carried. A1 Schendel, who appeared on behalf of the applicant, expressed concern about the developer's ability to commence construction this fall in light of the delay that would be caused by the District's action. The managers indicated that 'they would try to accommodate the developer and suggested that once the information was obtained frcrm the City of Minnetonka, the managers could be called directly for reconsider- ation. City of Mound - Placement of utilities, various locations - Mound; Application No. 79U131'. The engineer noted that all information had been supplied to the engineer regarding the placement of utilities at various locations in the City of Mound. He indicated that the applica~ ,tion would comply with all standards of the District and recom- mended approval. Following discussion, it was moved by Russell, seconded by Lehman, that the application be approved subject to ,A the engineer's recommendations. Upon vote, the motion carried. 1 Schendel~.-appeared on behalf of the applicant. t~'~City of Mou~'d /. Grading/drainage plan for street extension, "..Inverness Lane 1- Mound;' Ap~licati'on No".~' ~'9~152:'--' ~ ........ ~ / The engineer reviewed this application for a grading and drainage plan review for the extension of two streets in the City of Mound--~A1 Schendel appeared on behalf of the City. Inverness Lane will be extended to Cumberland Road, and four residential lots along the street will be developed. The engineer noted that the City had not yet submitted methods of storm water treatnnent, and that he Will require that these be submitted before the lots are developed. Ponding will be accomplished in a low lying area southeast of the proposed cul-de-sac. Cumberland Road will be extended with the addition of seven residential lots. Runoff from the development will be carried by storm sewer to an eight- acre wetland which has a storage capacity sufficient to contain the increased runoff and which has an outlet. The managers recommended that a skimming device be added at the end of the storm sewer before entering this wetland area. It was not known who controlled this wetland area. It was noted by the engineer that this was an after-the-fact application for work which had already begun. Following discussion, it was moved by Thomas, seconded by Gudmundson that the application be approved subject to receipt and approval of the additional data required by the engineer and provided that the wetland area is under public control. Upon vote~ the motion carried. American Pos 398 DATE ~OV. ~ ]_o~7~ CURRENT MONTH !~' 27l~ 2. O0 YEAR TO DATE ~17 ~ 206.00 GROSS: EXPENSES: SUPPI.,I ~105. ~, 5 565.68 PAYOUT AS PRIZES: 671.13 .~' 2Z'71. OO Z550. oo !'~ 8750. oo PROFIT: ~' 52o. 87 ~! 598x'.. lo DISTRIBUTION OF PROFITS: 100. O0 3O0.00 ~ ~ 00. O0 ~' l: 37 8. O0