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80-06-10
CITY OF MOUND Mound, Minnesota AGENDA CM 80-198 CM 80-200 CM 80-207 CM 80-201 CM 80-206 CM 80-204 CM 80-203 CM 80-197 CM 80-202 CM 80-205 CM 80-199 Mound City Council June 10, 1980 7:30 P.M. City Hall 1. Minutes Pg. 1384-1388 2. Public Hearing - 1979 Street Assessment Pg. 1382-1383 3. Planning Commission Recommendations Pg. 1377-1381 A. Subdivision of Land - Lots 1 & 2, Block 3, The Highlands Pg. 1373-1376 B. Street Front Variance - Part of Lot 68, Mound Addition Pg. 1368-1371 C. Lake Front & Side Yard Variance - Lots 1 & 2, Block 5, Abraham Lincoln Addition to Lakeside Park Pg. 1364-1367 D.Sign Variance - Westonka Sports Center Pg. 1362-1363 4. Cable TV Pg. 1356-1361 5. Northern Lane 6. Bids - Tree & Stump Removal Pg. 1354-1355 7. Street Construction 8. Plans & Specifications for Fire Station Addition Pg. 1353 9. Comments and Suggestions by Citizens Present (2 Minute Limit) 10. Police Training Grant Pg. 1349-1352 11. Bicycle Safety Program Pg. 1338-1348 12. Licenses & Permits A. Request for 3.2 Beer License Pg. 1337 B. Club License Renewals Pg. 1336 13. Request for Land Pg. 1334-1335 14. Car Wash Ordinance Pg. 1328-1333 15, Payment of Bills ~, /~., i 16. Information Memorandums/Misc. Pg. 1305-1327 17. Committee Reports Page 1389 CITY OF MOUND Hound, Hinnesota 6-10-80 June 9, 1980 COUNCIL MEMORANDUM NO. 80-208 SUBJECT: Street Construction - $5,400,000 G.O. Improvement Bonds of 1980 - Bond Sale Attached is a copy of a proposed resolution for the sale of $5,400,000 G. O. Improvement Bonds on Wednesday, July t6th. The Bids are to be opened at ll:OO A.M. and will be considered by the Council at 7:30 P.M. Kopp '~" I //// ' CLAYTON L. i~:FEVERE HERBERT P. LEFLER CURTIS A. PEAI:~SON Jo DENNIS O'bRIEl~ JOHN E- DRAW7 DAVID J. KENNEDY JOHN E~. DEAN GLENN E. PURDUE JAMES D. L~RBON CHARLES L. LFFEVERE HERBERT P. LEFLER, JEFFREY J. STRAND JAMES P. O'MEARA MARY J- BJOR~LUND THOMAS D. CREIGHTOI~ WENDY L. FREEDMAN LAW OFFICES LEFEVERE. LEFLER, PEARSON, O' E~RIEN & DRAWZ IlO0 FIRST NATIONAL BANK BUILDING BROOKLYN CENTER OFFICES M I N N EAPO LI $, M I N N ESOTA 5 5402 6lo BROOKDALE TOWERS TELEPHONE (612) 333-0B43 2810 COUNTY ROAD I0 BROOKLYN CENTER, MINNESOTA June 6,: 19 80 ~e,~ RICHARD J. SCHIEFFER Mr. Len Kopp, City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Re: $5,400,000 G.O. Improvement Bonds of 1980 Dear Len: Pursuant to conferences with Ernie Clark, I have prepared a resolution calling for the sale of bonds for July ~16. I a~ enclosing herewith two copies of the reso~;ution which includes both a long and short form notice of sale. I am also sending a copy to Ernie for his review. I will be present Tuesday evening, and if there are any questions, I can respond at that time. CAP:ih. Enclosures cc: Mr. Ernie Clark Very truly your~s~ C~]~tis A. Pearson, City Attorney Extract of Minutes of Meeting of the City Council of the City of Mound, Hennepin County, Minnesota Pursuant to due call and notice thereof a regular meeting of the City Council of the rCity of Mound, Hennepin County, Minnesota, was held at the City Hall in said City on Tuesday, June 10, 1980, commencing at 7:30 o'clock P.M. The following members were present: and the following were absent: The following resolution was presented by Councilmember who moved its adoption: RESOLUTION PROVIDING FOR T}{E ISSUANCE AND SALE OF $5,400,000 GENERAL OBLIGATION IMPROVEMENT BONDS OF 1980 BE IT RESOLVED By the City Council of the City of Mound, Hennepin County, Minnesota as follows: It is hereby determined: (a) That the following assessable public improvements (the "Improvements") have been made, duly ordered or contracts let for the construction thereof, by the City pursuant to the provisions of Minnesota Statutes, Chapter 429: Pr__~ject Designation & Descriptio__n 1980 Street Improvements Tot~ect Cost TOTAL That it is necessary and expedient to the sound financial management of the affairs of the City to issue $5,400,000 General Obligation Improvement Bonds of 1980, (the "Bonds") to provide financing for the Improvements. 2. In order to provide financing for the Improvements, the City shall therefore issue and sell Bonds in the amount of $5,325,000. In order to provide in part the additional interest required to market the Bonds at this time, additional Bonds shall be issued in the amount of $75,000. Any excess of the purchase price of the Bonds over the sum of $5,325,000 shall be credited to the debt service fund for the Bonds for the purpose of paying interest first coming due on the Bonds. The Bonds shall be issued and sold in accordance with the terms of the following Official Notice of Sale: OFFICIAL NOTICE OF SALE $5,400,000 General Obligation Improvement Bonds of 1980 City of Mound Hennepin County, Minnesota NOTICE IS }~EREBY GIVEN that the City will accept, receive and open sealed bids at 11:00 o'clock a.m. on Wednesday, July 16, 1980 and the City Council of the City of Mound, Minnesota, will meet at the City Hall in the City of Mound on Wednesday, July 16, 1980, at 7:30 o'clock p.m., C.T., to consider said bids for the purchase of $5,400,000 negotiable coupon, general obligation bonds of the City on the following terms: Pu__~ose and Security The purpose of the bonds is to provide funds for the financing of various assessable public improvements in the City. The bonds will be general obligations of the issuer, for which its full faith, credit and taxing powers are pledged. Date and Maturities The bonds will be dated August 1, 1980, will be in denomination of $5,000 each and will mature on February 1 in the following years and amounts: Year Amount Year Amount 1983 $325,000 1991 $325,000 1984 400,000 1992 400,000 1985 325,000 1993 325,000 1986 400,000 1994 400,000 1987 325,000 1995 325,000 1988 400,000 1996 400,000 1989 325,000 1997 325,000 1990 400,000 Redemption Feature Ail bonds of this issue maturing after.February 1, 1993 will be subject to prior redemption at the option of the City in inverse order of serial numbers on said date and any interest payment date thereafter at a price of par plus accrued interest to date of redemption. Interest Interest on the bonds will be payable on February 1, 1981, and semiannually thereafter on each August 1 and February 1. Ail bonds matur- ing on the same date must bear interest from date of issue until paid at a single, uniform rate, not exceeding the rate specified for bonds of any subsequent maturity. No more than eight interest rates may be specified for the issue. Each rate must be in an integral multiple of 5/100 of 1%, and no rate of interest nor the net effective average rate of the issue may exceed 12% per annum. Paying Agent Principal and interest will be made payable at any suitable bank reco,m~ended by the purchaser and approved by the Council, and the City will pay the customary charges for this service provided that such recommenda- tion is received within 48 hours after the sale and the Council will select the paying agent if the recommendation is not approved. CUSIP Numbers The City will assume no obligation for the assignment or printing~ of CUSIP numbers on the bonds or for the correctness of any nt~bers printed thereon, but will permit such numbers to be assigned and printed at the expense of the purchaser, if the purchaser waives any extension of the time of delivery caused thereby. Delivery Within 40 "days after sale, the City will furnish and deliver to the office of the purchaser or, at his option, will deposit with a bank in the United States selected by him and approved by the City as its agent to permit examination by and to deliver to the purchaser, the printed and executed bonds, the unqualified opinion thereon of bond counsel, and a certificate stating that no litigation in any manner questioning their validity is then threatened or pending. The charge of the delivery agent must be paid by the purchaser, but all other costs will be paid by the City. The purchase price must be paid upon delivery of the bonds, or within ~ive days after deposit with the delivery agent, in funds available for expe~nditure by the City on the day of payment. Legal Opinion An unqualified legal opinion on each bond issue will be furnished by Messrs. of Minneapolis, Minnesota. The legal opinion will be printed on the bonds at the request of the purchaser. The legal opinion will state that the bonds are valid and binding general obligations of the City, payable primarily from special assessments against benefited property, ~nd the City is obligated and required to levy taxes for the principal and interest thereon as the same become due without limit as to rate or amount. Type of Bid - Amount Sealed bids must be mailed or delivered to the undersigned and must be received prior to the time of said meeting. Each bid must be unconditional and must be accompanied by a cashier's or certified check or bank draft in the amount of $108,000, payable to the City Clerk, to be retained by the City as liquidated damages if the bid is accepted and the bidder fails to comply therewith. The bid authorizing the lowest net interest cost (total interest from date of bonds to stated maturities, less any cash premium or plus any amount less than $5,400,000 bid for principal) will be deemed the most favorable. No oral bid and no bid of less than $5,325,000 for principal plus accrued interest on all of the bonds will be considered, and the City reserves the right to reject any and all bids and to waive any informality in any bid. BY ORDER OF TH~ CITY COUNCIL Dated: June 10, 1980 /s/ Mary Mar~.e City Clerk 3. The City Clerk is authorized and directed to advertise the Bonds for sale in accordance with the foregoing notice of sale and to cause the abbreviated notice of sale attached hereto as Exhibit "A", to be published in the manner required by law. The City Council shall meet on Wednesday, July 16, 1980, at 7:30 o'clock p.m. for the purpose of considering bids on the bonds and taking any other appropriate action. The motion for the adoption of the foregoing resolution was duly seconded by Councilmember , and upon vote being taken thereon, the following voted AYE: and the following voted NO: whereupon said resolution was declared duly passed and adopted. Exhibit "A". NOTICE OF SALE $5,400,000 General Obligation Improvement Bonds of 1980 City of Mound Hennepin County, Minnesota These bonds will be offered and sealed bids will be received and opened at 11:00 o'clock a.m. on July 16, 1980, the City Council will meet on Wednesday, July 16, 1980, at 7:30 o'clock p.m., C.T., at the City Hall in Mound, Minnesota to. consider said bids. The bonds will be dated August 1, 1980, the bonds will mature on February 1 in the years and amounts as follows: Year Amount Year Amount 1983 $325,000 1991 $325,000 1984 400,000 1992 400,000 1985 325,000 1993 325,000 1986 400,000 1994 400,000 1987 325,000 1995 325,000 1988 400,000 1996 400,000 1989 325,000 1997 325,000 1990 400,000 Ail bonds maturing after February 1, 1993 are subject to prior redemption on said date and any interest payment date thereafter at par plus accrued interest. Interest will be payable on February 1, 1981, and semiannually thereafter. Each rate must be in an integral multiple of 5/100 of 1% and no rate,may exceed 12% per annum. Minimum price, $5,325,000. An unquali- fied legal opinion will be furnished by Messrs. of Minneapolis, Minnesota. The purpose of the bonds is to finance various assessable public improvements in the City. BY ORDER OF THE CITY COUNCIL Dated: June 10, 1980. /s/ Mary Marke City Clerk. STATE OF MINNESOTA COUNTY OF H~NNEPIN CITY OF MOUND SS. I, the undersigned, being the duly qualified and acting City Clerk of the City of Mound, Minnesota do hereby certify that I have care- fully compared the attached and foregoing extract of minutes of a regular meeting of the City Council of said City held on Tuesday, June 10, 1980, with the original thereof on file in my office and the same is a full, true and complete transcript thereof, insofar as the same relates to the issu- ance and sale of $5,400,000 General Obligation Improvement Bonds of 1980, of the City. WITNESS My hand as such City Clerk and the corporate seal of the City this day of June, 1980. (SEAL) City Clerk City of Mound, Minnesota C2]TY of B,4OUND ,June .q, 15180 5341 MAYWOOD ROAD MOU~4D, MINNESOTA 55364 (612) 472-1155 TO: Dock'Inspector Park Coordinator Subject: Chester Park Beach This morning it was reported to me that A1 & Alma's boat was on the swimming' beach either Saturday or Sunday night which effec- tively closed the swimming beach. Their. claim was that they-bring the boat onto the beach to change oil. Please check and see if this was done and if someone should ask "Bud" to see to it his men stop it. opp City Manager ELK/ms cc: A1 & Alma's City Council City Attorney CITY of MOUND June 9, 1980 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 TO: Subject: Fire Chief Dock Inspector Buildi.ng Inspector Buried Gasoline Tank in.Residential Area tt was reported to me this morning that "Bud" Nolan has a 500 gallon 9asotine tank buried in his yard' to service his boats. Is this true? Is there a permit for the tank? Ordinance does not provide for this in a residential area. Ordinance No. 294 (copy attached) establishes no boat servicing from a dock that has a permit like A1 & Alma's. Please check. L. Kopp City Manager LLK/ms cc: A1 & Alma's City Council City Attorney ORDINANCE NO. 294 AN ORDINANCE A~ENDING SECTION 23.011 SUBDIVISION (d) OF THE ZONING CODE BY ADDING SUBSECTIONS ll A~D 12 ALLOWING PRIVATE DOCKS IN RESIDENTIAL USE DISTRICT AND PERMITTING DOCKS AS A USE BY SPECIAL PEPuMIT IN RESIDENTIAL DISTRICTS TO SERVE CO~ERCIAL PROPERTY AND ESTABLISHING STANDARDS The Village Council of the Village of Mound does ordain: Section 25.Oll, Subdivision (d) is amended to add subsection ll which sh~ll read as follows: 11. Docks Private docks const_~ucted in accordance with the regulations of the Lake Minnetonk~ Conservation District are permitted to serve one-family private dwellings. Section 25.011, Subdivision (d) is amended to add subsection 12 which sh~ll read as follows: 12. Docks Serving Commercial Property. Docks to se~ve property located in Commercial Use District, Commercial Use District A, B1 and B2 may be permitted upon securing a Special Use Permit from the council after receipt of the recommendation of the Planning Commission and a public hearing.' Said public hearing shall, be preceded by 10 days' written notice mailed to all property owners within 200 feet of any lot line of the real-' dent~l property to be used for dockage. The application for a Special Use Permit sh~ll contain the following information: A. A list of the owners of the property in the residential use district and of the property it is to serve in the commercial or business district. B. A scale drawing of the property on which the dock is to be located and the proposed location of the dock. Said draw- ing shall show all public rights of way and any structures located within or without 50 feet of the boundary line of the property for which the Special Use Permit is requested. Any special use.permi~_gr~nted by the council shall be con- ditioned as follows: The residential property on which dockage is to be located and the commercial property served shall be in common owner- ship and shall he located within 300 feet of the property line of the commercial property. B. The mooring of boats at such dock sh~ll be limited to a ximumof four'hours. · gas, oil ~r other product may be sold from the dock~ t- and no se~.~ing of bo~ts will be permitted ~ ~ One sign for identification will be allowed but it shall not exceed a total of six (6) square feet in size. E. Ingress and egress from the residential lot shall b~ re- stricted to the property held under common ownership ~nd adequate safeguards shall be provided so that persons docking will not trespass on private property or on any public property except for properly designated streets or ~ sidewalks. F. The council shall specify any special conditions that they /$ Ordinance No. Page 2 294 may require, such as fencing, lighting o= landscaping, and shall require a site plan showing the location of an~suc~ fencing, lighting or landscaping. Any lighting installed along the dock or the pathway from the residential to the commercial property sh~ll be in such a manner as to have no direct source of light visible from a public right of way or adjacent land in the residential use district. The Council may require a perfo~m~nce bond to assure constz~ction of the site improvements required by the Special Use Permit. The owner shall be required to m~intain the premises in a neat and clean manner and in accordance with the terms established by the special use permit. Attest H. The council shall determine in allowing such a Special Use Permit that this use will not be detrimental to the public welfare or injurious to other property in the neighborhood.. I' The owner shall be required to meet and comply with all the standards and requirements of the Lake Minnetonka Conserva- tion District. February 29, 1972 March ~. 1972 _ Adopted by the Village Council Published in official newspaper VILLAGE OF MINNETONKA MINNETONKA BEACH, MINNESOTA June 6, 1980 BEACH 55361 City Council - Mound 5341 Maywood Road Mound, Minnesota 55364 Dear Mayor and Council Members: Cliff Lutz of the Lutz Tree Service, Inc. has asked me to write a letter to you on the quality of service he has provided for Minnetonka Beach. Minnetonka Beach has used Lutz Tree Service, Inc. the past two years and have been very pleased with the quality of service and with the consideration to public and pri~ate property. If you have any questions, about Lutz Tree Service, please call me on 870-6576 or at home 471-9784. Tom Seun~jens Trustee TS:kj cc: Lutz Tree Service Carver, Minnesota June 5, 1980 Attached is a copy of a letter from the City of Deephaven to the Minnesota Department of Transportation. We forward this to you to express our concerns and interest in the future use of all fixed rail transportation in the area. J. Edward Quest, Mayor City of Deephaven City Offices: 20225 Cotht~eu,ood Road, D['t'l~haven, Adinnesota 55331 (612) 474-4755 May 28, 1980 Ms. Donnarae McKenzie Minnesota Department of Transportation 419 Transportation Building St. Paul, Minnesota Reference: Docket No. AB-1 (Sub-No. 91F) Dear ~s. McKenzie: We appreciate very much your official notice of the Chicago and North Western Transportation Company intention to abandon that portion of its track from Hopkins to Norwood that lies in Hennepin and Carver Counties. Our community and many others of the lake communities have a continuing concern for the preservation of fixed rail transportation capabilities from our com- munities to various destinations within the metropolitan area. There currently exists a network of rail lines that could provide the basis for a future fixed rail transportation system. While the economics of such a program may not necessarily support its implementation at this time, we most certainly can foresee the time when we must use fossil foels and electric energy. This country's waste of liquid energy in the form of petroleum is legend throughout the world. ? Accordingly ~e implore you to maintain the right of way of all these fixed rail facilities for future use, in particular we believe that the present re- quest By the Chicago and North Western Transportation Company should be one of the first to use the rail bank enabling legislation which was passed during the last session of our State Legislature. Further, we would encourage a study of the potential network of fixed rail and a long range plan insuring the availa- bility of these right of ways. ~In our opinion it would tragic if these right of ways reverted to private ownership requiring condemnation and re-acqoisition at a future date. I am sure you can appreciate the effects of inflation on such a possibility. If you would like to discuss this matter further with us we would be most happy to meet with you. We have copied the Metropolitan Council and according to your suggestion, the Interstate Commerce Commission. We would also appreciate re- ceiving any comments or information that they might wish to supply us on this matter. lince, r ly, 't, C/City of Deephaven City Offices: 20225 Colla,gczc, ood Road, D~,epha'cen, Minnesota 55331 (612)474-4755 /& ~-/ 61 BOARD OF REVIEW June ~, ~9~0 Pursuant to due call and notice thereof, The Board of Review of the City Councll Of the City of Mound, Hennepin County, Minnesota reconvened at 5341Maywood Road in said City on June 3, 1980, at 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Donald Ulrick, Robert Polston and Benjamin Withhart. Also present were [eonard L. Kopp, City Engineer Wm. McCombs and City Clerk Mary H. Marske. Dewey White, 4929 Three Points Boulevard Swenson moved and Polston seconded a motion to reduce the assessment from 5120,700.O0 to 5116,O00.O0. The vote was unanimously in favor. C. L. JOhnson, owner of 5570 Tonkawood Road Polston moved and Swenson seconded a motion to make no changes in the assessment. The vote was unanimously in favor. Willard H. Hillier, 1551 Canary Lane Swenson.moved and Polston seconded a motion to reduce the assessment from $103,100.00 to'598,900.00. The vote was unanimously in favor. Mrs. Roger Polley, 1559 Eagle Lane Swenson moved and Withhart seconded a motion to reduce the assessment from $93,200.00 to $87,500.00. The vote was unanimously in favor. Henry Stasik, 2028 Arbor Lane Swenson moved and Withhart seconded a motion to reduce the assessment from $95,100.00 to $91,400.00. The vote was unanimously in favor. A1Dolejsi, 1736 Bluebird Lane Swenson moved and Polston seconded a motion to reduce the assessment from 588,200.00 to 581,900.00. The vote was unanimously in favor. Michael Doshan, 5513 Sherwood Drive Swenson moved.and Polston seconded a motion to reduce the assessment from $166,300.00 to $162,300.00. The vote was unanimously in favor. Swenson moved and ~ithhart seconded a motion to accept the assessment roll presented by the County. The vote was unanimously in favor. June ~, T~OU Swenson move~ and :on seconded a motion to adjourn the Board of Review. The vote was unanimously in favor, so adjourned. Mary H. Marske CMC, City Clerk/Treasurer Leonard L. Kopp, City Manager - /3 7 REGULAR MEETING OF TNE C~T¥ COUNCIL June 3, 1980 Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of Mound, Hennepin County, Hinne$ota was held at 53~] Maywood Road in said City on June 3, 1980 at 7:30 p.m. Those present were: Mayor Tim Lovaasen, Councilmembers Gordon Swenson, Donald Ulrick, Robert Polston and Benjamin Withhart. Also present were City Manager Leonard L. Kopp, City Engineer Wm. McCombs and City Clerk Mary H. Marske. MINUTES The minutes of the meeting of May 20, 1980 Board of Review were presented for consideration. Swenson moved and Polston seconded a motion to approve the minutes of the Board of Review as submitted. The vote was unanimously in favor. The minutes of the meeting of May 20, 1980 were presented for consideration. Polston moved and Lovaasen seconded a motion to approve the minutes of the meeting of May 20, 1980 as submitted. The vote was unanimously in favor. PUBLIC HEARING Delinquent Utility Bills The Mayor then opened the public hearing for input on said Delinquent Utility Bills 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 move[d and Polston seconded a motion RESOLUT.ION 80-207 RESOLUTION DIRECTING THE CITY STAFF TO TURN OFF SERVICE TO DELINQUENT UTILITY ACCOUNTS The vote was unanimously in favor. NORTHERN ROAD Swenson moved and Polston seconded a motion to request the attorney prepare a resolution regarding parking on Northern Road. The vote was unanimously in favor. STREET CONSTRUCTION 1980 Street Construction Project Bids Polston moved and Swenson seconded a motion RESOLUTION 80-208 RESOLUTION ACCEPTING THE BIDS AND AWARDING THE 1980 STREET CONSTRUCTION PROJECT SECTION I TO THE LOW BIDDER - BUFFALO BITUMINOUS IN THE AMOUNT OF $1,648,803.50 Roll call vote was four in favor with Ulrick voting nay. 63 64 June Sanitary Sewer Ins~ Bids Lovaasen moved and Polston secon~e~ a motlon RESOLUTION 80-209 RESOLUTION ACCEPTING BIDS AND A~ARDINg THE SANITARY SEWER INSPECTION TO THE LOW BIDDER - EJM PIPE SERVICES IN THE AMOUNT OF $15,145.45. The vote was unanimously in favor. Special Assessment Criteria Polston moved and Withhart seconded a motion RESOLUTION 80-210 RESOLUTION AMENDING THE ASSESSMENT CRITERIA - SETTING A 25,000 SQUARE FOOT AREA MAXIMUM AND A 250 FOOT FRONTAGE MAXIMUM The vote was unanimously in favor. Ernie Clark of Miller and Schroeder reported on the current bond market. BIDS ON TREE AND STUMP REMOVAL Polston moved and Withhart seconded a motion RESOLUTION 80-211 RESOLUTION AWARDING STUMP REMOVAL TO LOW BIDDER - CEDARWOOD SYSTEMS The vote was unanimously in favor. Swenson moved and Withhart seconded a motion to table this item. The vote was unanimously in favor. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT No comments or suggestions were offered at this time. CHANGE IN AGREEMENT Withhart moved and Swenson seconded a motion RESOLUTION 80-212 RESOLUTION AUTHORIZING A CHANGE IN THE AGREEMENT WITH THOMAS PROKASKY The vote was unanimously in favor. CHANGE OF PUBLIC HEARING DATE Ulrick moved and Swenson seconded a motion RESOLUTION 80-213 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING A SPECIAL USE PERMIT FOR A CAR WASH TO BE HEARD JUNE 17, 1980 AT 7:30 P.M. The vote was unanimous]y in favor. DELINQUENT UTILITY BILLS Swenson moved and Withhart seconded a motion RESOLUTION 80-214 RESOLUTION PROVIDING FOR A PUBLIC HEARING REGARDING DELINQUENT UTILITY ACCOUNTS TO BE HEARD JUNE 17, 1980 AT 7:30 P.M. The vote was unanimously in favor. June 3, 1980 65 WATER PROBLEMS The Public Works Director reported on the status of the we]! repair. POLICE CONTRACTS Polston moved and Withhart seconded a motion to give conceptual approval to alternate #3 for the police contract. The vote was unanimously in favor. TAX COURT CASE Withhart moved and Swenson seconded a motion to request the County Attorney handle this case. The vote was unanimously in favor. TRANSFER OF FUNDS withhart moved and Swenson seconded a motion RESOLUTION 80-215 RESOLUTION APPROVING THE TRANSFER OF CERTAIN CITY FUNDS The vote was unanimously in favor. PAYMENT OF BILLS Swenson moved and Withhart seconded a motion to approve payment of the bills as presented on the prelist in the amount of $41,077.52 where funds are available. Roll call vote was unanimously in favor. RESIGNATION FROM PARK COMMISSION Councilmember Swenson submitted his resignation from the Park Commission because he feels progress is not being made on park development that should be expected. Lovaasen moved and Polston seconded a motion to accept the resignat|on. The vote was unanimously in favor. Withhart moved and Swenson seconded a motion to appoint the Mayor to the Park Commission. The vote was unanimously in favor. ADJOURNMENT Withhart moved and Ulrick seconded a motion to adjourn to the next regular meet- ing on June 10, 1980 at 7:30 p.m. The vote was unanimously in favor, so adjourned. Mary H. Marske CI.~C, City Clerk/Treasurer Leonard L. Kopp, City Manager 137q 6-10-80 CITY OF MOUND Mound, Minnesota May 28, 1980 COUNCIL MEMORANDUM NO. 80-198 SUBJECT: 1979 Street Assessment A public hearing date of June 10, 1980 has been set to hear the proposed assessment for street improvement, storm sewer, etc. of PID # 13-117-24 13 0035 (Lots 14 and 15, Block 14, Dreamwood) in the amount of $2,592.74. -Leefnard L. Kopp / ~ 5-13-80 CITY OF MOUND Mound, Minnesota May 9, 1980 COUNCIL MEMORANDUM NO. 80-173 SUBJECT: 1979 Street Assessment In error, one parcel of property~ PID # 13-117~24 '13 OO36.,was assessed for street in 1979 while P!D # 13-117-24 13 O035~ Lots 14 & 15, Block 14, Dreamwood, was not assessed. The problem was a typographical error in typing the P!D number 0036 instead of 0035. In order to correct this, two resolutions are needed; 1. A resolution cancelling the $2,592.74 assessment placed. against PID # 13-117-24 13 0036. 2. A resolution calling for an assessment hearing to assess PID # 13-117-24 13 0035 for $2,592.74, June 10th is the / hearing date recommended. 13 CITY OF HOUND Mound, Minnesota June 5, 1980 COUNCIL MEMORANDUM NO. 80-200 SUBJECT: Planning Commission Recommendations Attached is a copy of the Planning Commission minutes. Council action: Item 1. Subdivision of Land Lots 1 & 2, Block 3, The Highlands Zoned Residential A-2 6,000 Square Feet The following require The Planning Commission recommended division of the Lots. Lot 1 has 10,940 square feet. Lot 2 has 11,847 square feet. A stipulation regarding parking was made as follows: Applicant to provide 2 off street parking places other than in front of garage~ with no parking in front of garage in order to keep cars from pro- truding on the right-of-way. 2. Item was withdrawn. Street Front Variance Part of Lot 68, Mound Addition Zoned Residential B The Planning Commission recommended the variance for a deck pro- viding it never be enclosed. Lake Front & Side Yard Variance Lots 1 & 2, Block 5, A. Lincoln Addition to Lakeside Park Zoned A-1 10,000 Squ~re Feet The Planning Commission recommended a 14 foot lakefront variance and 3 foot existing sideyard variance so a deck can be constructed. 5. Tabled. 6. Conceptual Approval for Townhouses - To come to the Council for final approval later. o Sign Variance Westonka Sports Center Commerce Boulevard The Planning Commission recommended 4 foot X 8 foot sign along Com- merce Boulevard advertising the site of the new ice arena. (See copy of the Building Inspectors report attached.) Leona'rd L. Kopp ' //' MINUTES OF THE MOUND ADVISORY PLANNING COMMISSION MEETING May 27, 1980 Present were: Chairman Russell Peterson; Commissioners Gary Paulsen and Gerald Smith; Council Representative Robert Polston: City Manager Leonard L. Kopp; City Inspectory Henry Truelsen and Secretary Marjorie Stutsman. Note: No quorum as not enough members were present. BOARD OF APPEALS 1. Subdivision of Land Lots 1 & 2, Block 3, The Highlands Stephen Schmidt was present. Polston moved and Smith seconded a motion to grant subdivision contingent on applicant providing 2 off street parking places other than in front of garage; with no parking in front of garage in order to keep cars from protruding on the right-of-way. Vote of Peterson, Paulsen, Smith and Polston was in favor of motion. 2. Lot Size Variance withdrawn. Street Front Variance Part of Lot 68, Mound Addition Henry Rodriquez was present. Polston moved and Paulsen seconded a motion to grant a 5 foot street front variance with the stipulation that the deck to be built never be enclosed. Vote of Peterson, Paulsen, Smith and Polston wasin favor of motion. Lake Front and Side Yard Variances Lots 1 & 2, Block 5, A. Lincoln Addition to Lakeside Park Larry Elm was present. Polston moved and Paulsen seconded a motion to grant a 14 foot lakefront variance and acknowledge a 3 foot existing sideyard deficiency. Vote of Peterson, Paulsen, Smith and Polston was in favor of motion. Subdivision of Land Lot 14, Halstead Heights Arvin Senne was present. Polston moved and Paulsen seconded a motion to table (Bring back June 9). The vote was Peterson, Paulsen and Polston in favor; Smith voted nay. Reason: Unfamiliar with Council's wanting to avoid non-conformancy on new construction. Plannin~ Commission Minutes May 27, 1980 - Page 2 Conceptual Approval of A) 10 Foot Street Front Variance and B) Use Permit - Townhouse Lots 1-5 and 9-11, Block 9, Lakeside Park Crocker's 1st Division Tom Prokasky, Architect, was present. Conditional Polston moved that concept be approved and 10 foot variance be granted. (Based on extenuating circumstances - trees and utility lines - site will have more setback requirements in reality.) Paulsen seconded the motion; the vote was: Peterson, Polston and Paulsen in favor; Smith voted nay as not enough information. Ye Sign Variance SoW. corner of Alder Lane & Commerce Boulevard Ron Roelofs of the Westonka Sports Center Association was present. Smith moved and Paulsen seconded a motion to approve sign permit in accordance with any traffic and safety conditions being approved by the Police Chief and the'Building Inspector. Sign to be up a maximum of 1 year from date permit issued. Discussed: Sign would face Commerce and be approximately 4 feet in front of tennis court. The vote was unanimously in favor. It should be noted that Polston voted in favor as it is a temporary sign. Sign Ordinance Discussed forming a subcommittee to work on sign ordinance. Chairman will contact citizen of Mound to work with subcommittee. Car Wash Ordinance Smith moved and Polston seconded a motion to recommend approval of the car wash ordinance with the recommendation of Northern States Power on Subdivision 10 Lights. All car washes shall have lighting systems with a minimum of 2'to 5 foot candle intensity at 3 feet above ground level. The vote was Paulsen, Peterson, Polston and Smith in favor. Smith moved and Paulsen seconded a motion to adjourn. The vote was all in favor. Meeting adjourned at 9:30 P.M. Note: All of the motions of this meeting were read to Commissioner Lorraine Jackson on May 30, 1980 and she concurred with the action taken on them. Attest: ON I.AK£ MINNETONKA INDIAN BURIAl. MOUNDli 5341 MAYWOOD ROAD TELEPHONE MOUND, MINNESOTA 55364 (612) 472-1155 Date: June 2, 1980 From: City Inspector To: City Manager Subject: Westonka Sports Center Sign Location One of the representatives of the Sports Center showed me the proposed location of their sign in correlation with the application to the Plan- ning Commission meeting of 5-27-80. Sign location within the red circle appears to be and should be of no problem for traffic or safety visibility and should not impair or block line of sight for ingress to or from public right-of-way. Perhaps the existing posts might be up and the City Police Chief might like to , as required by the City. Planning Commission, make a visual obseryation of the location and forward his comments to you. Respectfully, HT/dd Henry Truelsen _ 5-Z)-oO Proposed sign ]ocation ~ports Ctr 137,F , , CITY OF HOUND From: To: Date: Building InsPector Planning Commission May 22, ]980 SuBject: Board of Appeals - Meetrng of 5-27-80 Duane Skochenski/Schm~dts' --2997 Highland Blvd, Subdivlsi'on of Lane Enclosure of street prof[le on proposed new street improvement shows the applicants garage to be 16." from structure to back of curb, Tb~s means the average vehicle would protrude 2' onto the rtght-of-w, ay, [ really. feel the garage should be changed so a vehicle would not ~bat [ constder~ backing out onto the right-of-way.. Steve Coddon -. proposed address 2531 Emerald Drive Lot size'variance No, No, a. thousand times NO, Area zoned A-1 Residenti;al and request like this ts detrimental to the area as well as the Hunlctpal Zoni?g, Henry Rodriquez - 5725'Sunset Road Street front variance Can see no problem in allowing proposed expansion of the intended deck provided it will never be covered and/or enclosed, Larry D. Elm - 2012 Villa Lane Lake front and side yard variance Noncopforming use of 7 ft side yard, Can see no problem tn allowing pro-. posedldeck to be built as the structure ils s[ttilng ~utte a dtstance from lakefront. I don't feel tn any way tt would be harmful to the.'aesthettc . outlook of the abutting property owner, Proposed deck ~tll be some 75 ft, from lakeshore. Arvin Seene - 6553 Bartlett Blvd. Subdiyision of Land I don't feel this is a favorable subdivision as it wtll have tendency to increase aon-conformancy'of the zoned area, Drs. Carlson-Romness and Tom Prokasky Conceptual approval of 10 ft street front variance and Condtt[onal Use Permit --townhouse, Note enclosure of City Planner. ~¢estonka Sports Center Assn. SW Corner of Aider Lane 8 Commerce Blvd, Sign variance No objections provided that when structure is completed that any and all sign requests come back t.o Planning Commission and Ci. ty Council for ap- proval. I. do not want them to feel that this approval is a b;lank check approval.., for anything in the future. ~/-~ 7 7 Henry Truel sen AP~CATION FOR SUBDIVISION Sec. 22.03-a VILLAGE OF MOUND LAND JCN 2 4 CITY OF '~'''~ i.' ~v, OU~D A,S-,O O' FEE OWNER PLAT PARCEL Location and complete legal description of property to be divided: ZONING To be divided as follows: (attach survey or scale drawing show~ng 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; (signature) This application must be signed b~ all the OW~ERS o[ lhe property, or an explan-' ation given why tiffs is no[ the case. PLANNING COMMISSION RECOMMENDATION: DATE /3 o x ooo,o ( ooo.o ) Denotes iron monument . Denotes offset stake Denotes existing elev..: Denotes Proposed cloy. Denotes surface drainage Proposed garage floor ele~/.= Propo~d ]owest floor elev.= Proposed top of foundation elm/. BENCtt MARK: I)EMARS - GABRIEl., LAND SURVEYORS, INC. 3030 }larbor Lane No. Plymouth MN 55441 Phone: (612) 559-0908 I hereby certify that this is a true anti correct representation of a survey of the boundaries of tim above described land and of the location of all buildings, if any, thereon, ao[l all visible encroachments, if a~y, from or on said la,2cl~ ~ ~ /Minn. Rug No; / L -: · File No, Book - Pa9~ Scale i= I WE HEP. EG"t' CErz.'FIFY' TH'AT 'TIII.S I~ k 'T~LUE /xHO (Of~LP. ECT REPR. E.SENTATI0.~i OF P,. SUP.\'E'y' OF T~E bOOMDP-.P. IE~ OF THE LR:'ID ABOVE DES£1::II.~E.D ,RNO 0F-I'HE' LOCXTJ01'I OF kLL BtJ~LD~¥IG$, IF ,'XHY~ 'T~4EREOH' ~HD aLL VISIBLE IF /sHy', [~9~.4 On. obi S~,ID L,'XND. II. ~APP LICA TION FC~VARIANCE CITY OF MOUND ZONING 25. O0 B NAME OF APPLICANT Henry Rodriquez PROPER TY ADDRESS PLAT 6183O 5725 gunset Road PARCEL 3510 Address 5725 Sunset Road Telephone Number. __LOT Part of 68 472- 46~DDiTiON BLOCK 14-117-24 41 Mound 0038 INTEREST IN PROPERTY. FEE OWNER (if other than applicant) ~ ......... Telephone Number 5~R~A~7~ REQUESTED: /fl~(Y~Xf [ - ~ ACCESSORY YARD I ~--~ BUILDING NOTE: YARD LOT SIZE REAR[ I LOTSO. YARD FT- FOOTAGE N. C.U.* or 1. Attach a survey AND scale drawing ~howing location of proposed improvement in relation to lot lines, other buildings on property and abutting streets. Z. Give ownership and dimensions of adjoining property. Show approximate locations of all buildings, driveways, and streets pertinent to the application by extending survey or drawing. 3. Attach letters from adjoining affected property owners showing attitude toward re que s t. OTHER (describe) ~ I . · i~---~ ,/ ,, ~. / i} REASON FOR REQUEST: ~~:,~L ........ ~?a~' :~-:~ .... counm, resolution or ~ariance granted becomes null and void. ~W VgrianCeh are not transferable.~ ,7~Y ] Zt }9~.APPLiCANT / .:, o ..... PLANNING COMMISSION RECOMMENDATION: Grant a 5 foot street front variance with the stipulation that the deck to be built never be enclosed. DATE 5/27/80 COUNCIL ACTION: RESOLUTION NO DATE -'::non- conforming use ./ Plat of Suzvey for Zul~rt,, of Dart of' Lot Hennepin Count.f~ · 5 [//v'$E 7-' 1 Certiff e~te of S~rvey: I hereby certify that ~his is 'a true and core'eot representation of a su~-ey of the boundaries of that part of Lot 68 lying North of the South 20 feet thereof, Mound. It does oot purport to show t~prover.,ents or enCroachmeots other than an existing driveway. Scale: 1:' ~ : 4-4-?3 o : Iron m~_rker Land Su?~eyor and P~nne~ '- Minnesota ~ng ~ ~e, /3c ? APP LI CA TION Ff~VA RIANCE CITY OF MOUND ^-, ,o,ooo NAME OF APPLICANT Address PROPERTY ADDRESS 2012 Vil!a Lane Larry D Elm PLAT..~j~_?~~ PARCEL J_~9~:Li~ PID 13-117-24 31 0023 2012 Vii la Lane LOT_L_&_2_ BLOCK --5 Te le phone .. . 472-5771 ,~umoer__~ ADDITIONA Lincoln Addn Lakeside Park INTEREST IN PROPERTY FEE OWNER (if other than applicant) Address Telephone Number VARIANCE ,REQUESTED: SIDE .1 YARD S FT LOT SIZE REAR .-YARD FT. NOTE: [ 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.~ ~.~.~y extending survey or drawing. FOOTAGE--~----~)' i~_. Attach letters from adjoining affected property owners showing attitude toward OTHERN' C. U. *(describe)Or gN°nc°nf°rming Use-Side Yard REASON FOR REQUEST: !'~5 2A :b'Uil~i~g~ermit must be applies for within one year from the Sate of th-~-~'~ ; (~ ,~y i ¢o;~aCinlc~:Sfrl~tino2 ;fa~i;jan~Lgra~tea blcows null and void. PLANNING GOMIV[[SSION RECOMMENDATION : Grant a 14 foot lakefront variance and acknowledge a 3 foot existing sideyard deficiency. DATE 2~ REDSAO~EIJ TION NO.. COUNCIL AC TION: ;'.-'non- conforming use ino. i c.--: ~c c~ thuz ,9' (',,r Ii!i,.;, t,? ~lf -! ..... ¢"1"'~'%''"') ~, . ~.. "'t May 14, 1980 ?o Whom It May Concern City of Mound, MN This is a request to have placed on the agenda for the May 27th Planning Commission meeting the following item: Consideration to build a 14 ft extension to the lakefront of property at 2012 Villa Lane, in the form of a deck. The survey is in the hands of Mound Building Inspector who will bring it to the May 27th meeting. The required letter from the property owners adjacent to ou~r property is in the hands of George Stannard who Will bring the letter to the May 27th meeting after having it signed by Mrs. Stannard. If there are any questions about this request, please call either Larry Elm (645-0331) or Virginia Elm (372-4108) at their place of business during the day. ~ La~ry'~'a El~~m 2012 Villa Lane Mound, MN 55364 472-5771 1980 MOUND PLANNING COMMISSION Mound, Minnesota 55364 Gentlemen: have reviewed the variance request of Larry Elm, (Item ~4 of 5/27/80 aSenda), and it is my opinioa that we should approve this request. I am the only other property owner in this particular block; and the only reason that his house is presently further to the lake-side than mine is that mine is an older house that was built before there was any restrictions and enforcement on set-backs, Thus, mine is too close to Pike Road; and I feel it would be unfair to penalize the adjacent property owner because of this. I feel that the Elmgs request, as presented would be an improvement to his property and also enhance the entire neighborhood. G.E~ Stannard 2135 Overland Lane Mound, Minnesota 55364 APPLICATION FSVARIANCE CITY OF MOUND NAME OF FEE $ 2 Z 0 0 ZONING PROPERTY .K Uc'caL a¥ Ceftin% ADDRmSS i-C a Z/L ~ %~(J~-~ ,P LA T PARCEL Address ~, 0k ~[~)0~ ~0,~__~~,~[~L~ ~LOT BLOCK Telephone Numbe r__~ ADDITION INTEREST IN PROPERTY FEE OWNER (if other than applicant) Address Telephone Number VARIANCE REQUESTED: NOTE: FRONT YARD [ FT.] ACCESSORY [B UI LDING FT~ YARD LOT SIZE REAR ~] LOT SQ. YARD FOOTAGE N. C. U. ;:: or ~ · OTHER (describe),~ ' REASON FOR REQUEST: 1. Attach a survey AND scale drawing showing location of proposed improvement in relation to lot lines, other buildings on property and abutting streets. Z. Give ownership and dimensions of adjoining property. Show approximate locations of 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--rbn'~lding permit must be applied for within one year from the date of the 'k co;uncil res!olution or variance_granted becomes null and void. · I k~ _ [ ~ignature _ .~G:..COM~iSION RECOMMENDATION S~9. to be up a maximum of 1 yr. Approval of sign permit in accordance with any traffic & safety conditions being approved by the Police Chief & Bldg. insp. from date issuedDATE May 27, 1980 COUNCIL ACTION: RESOLUTION NO DATE ;:'-non- conforming us e /,~ooO '13 H c.~ f'0 cy Woo D r-' I'"' o0 -O ITl C, © -9. 'O O (/) rq cf) H -I 6-10-80 CITY OF HOUND Hound, Hinnesota June 6, 1980 COUNCIL MEMORANDUM NO. 80-207 SUBJECT: Cable TV The application for a territory for Cable TV made up of Mound, Minnetrista, Spring Park and St. Bonifacius has been made to the State and will come to a hearing in September. Mr. Sarrazin will appear at the June 10th Council meeting. The Council should comment on the proposal by June 20th to the Metropolitan Council. ~on~rd L. Kopp METROPOLITAN COUNCIL Suite 300 Metro Square Building, St. Paul, Minnesota 55101 MEMORANDUM June 3, 1980 TO: RE: Cities of Mound~, Spring Park, Minnetrista, St. Bonifacius, Orono, Independence, Shorewood, Victoria Townships of Laketown, Waconia, Watertown Counties of Hennepin,~ Carver Mickelson Media, Inc. Cable Service Territory Proposal for Mound Area Metropolitan Council Referral File No. 8407-1 The Metropolitan Council has received for review the Cable service territory proposal identified above. A copy of this letter of transmittal to us is attached. The Council must review this pro- posal and would appreciate your comments on the proposal, partic, ularly issues you would want examined by the Council. Such comments should be received by June 20, 1980. Referral Coordinator JKR:vv Enc. May 20, 1980 Roger Isreal Metropolitan Council 300~etro Square Building St. Paul, Minnesota 55101 Dear Mr. Isreal, Mickelson Media, Inc. (MMi) has this day submitted a cable service territory (CST) proposal for the cities of Mound, Spring Park, Minnetrista, and St. Bonifacius to the Minnesota Cable Communications Board (MCCB). As required, we are submitting a copy of the proposal to you for your co~mments. Copies of the proposal have been mailed to the cities as well as all contiguous governmental units. For your information ~,~i is also proposing a CST for the cities of Orono, Long Lake and Minnetonka Beach. Shore- wood and the smaller cities on the south bank of Lake Minnetonka are now being contacted by MMi for another seperate CST. If you have any questions regarding the proposal please call me at 612-437-3530 at your convenience. D~nnis Pellant Franchising Specialist DP/cs 1111 LYN WAY (612) 437.3530 HASTINGS, MINNESOTA 55033 MICt ( LSON MEDli , INC. Mound - Spring Park - St. Bonifacius - Minnetrista CST (Demographic Data) All communities located in Hennepin County Land Homes/ Town POP. Households Area acre Mound 9,490 3,349 1,930 1.73 Spring Park 1,610 759 275 2.76 St. Bonifacius 850 276 650 .42 MinnetliSta 3,760 1,057 16,393 .06 Households per cable mil 86 223 57 19 TOTAL 15,710 5,441 19,248 Data Sources: 1. Metropolitan Council reports of population estimates and completed housing as of April 1, 1979. 2. Metropolitan Council Resource Report ~3, June 1978 Estimated by ~LMi based upon 85% of street miles as determined by the Minnesota Department of Transportation. 1111 LYN WAY (612) 437. 3530 HASTINGS, MINNESOTA 55033 ~ 0 o 0 0 \ PROPOSAL FOR A CABLE SERVICE TERRITORY For the Cities of Mound, Spring Park, Minnetrista and St. Bonifacius Mickelson Media, Inc. of New Ulm, Minnesota hereby submits the. required documents for the above named CST. Inquiries concerning the proposal may be directed to: Hubertus Sarrazin or Dennis Pellant P.O. Box 492 Hastings, Minnesota 55033 Phone: 612-437-3530 May 20, 1980 6-10-80 CITY OF MOUND Mound, Minnesota June 4, 1980 COUNCIL MEMORANDUM NO. 80-201 SUBJECT: Bids - Tree & Stump Removal The City Council layed over for consideration the bids reported on Council Memorandum No. 80-188. This will appear on the June 10th agenda. 6-3-80 CITY OF MOUND Mound, Minnesota May 27, 1980 COUNCIL MEMORANDUM NO. 80-188 SUBJECT: BIDS - Tree & Stump Removal Bids were received on May 23rd for tree and stump removal. Bids were: Stump Removal Cedarwood Systems Neitge Cont. Company Erikkila S~ump Chipping Tree Removal Tonka Tree Service Eager Beaver Tree Service Lutz Tree Service .68¢ per diameter inch 1.90 per diameter inch 1.04 per diameter inch $57,725.00 41,363.00 * 34,650.00 * Copies of the low bids marked with an asterisks are attached. Eager Beaver bid every size at a price, Lutz bid some sizes at a price and then some sizes free, so his total bid was lower. However, Lutz' bid will end up high if no trees are removed that are between 32 inches and 42 inches in diameter. We are asking the Attorney to comment on this prior to June 3rd. ~-...l'eQnard I_. Kopp 6-10-80 CITY OF HOUND Hound, Hinnesota June 6, 1980 COUNCIL MEMORANDUH NO. 80-206 SUBJECT: Plans and Specifications Fire Station Addition Plans and specifications for the Fire Station addition will be ready for Council approva! at the June 10 meeting. d L. Kopp "1 6-10--80 CITY OF MOUND Mound Minnesota June 5. 1980 COUNCIL MEMORANDUM NO. 80-204 SUBJECT: Police Training Grant The Police Department is applying for refunds for Police Training; A resolutiOn designating the Police Chief as the local official authorized to apply for the refund is requested. It is estimated we will get $3,000 to $4,000 from the State~ We spent a total of $~,079.50 in training~ we should get 30% tO 50~ back. I TEROFFICE ME p TO: FROM: SUBJECT: Leonard Kopp- City Manager Charles Johnson - Chief of Police Needed Resolution DATE, June 5 Would you please have a resolution made up naming me as the local official authorized to apply for reimbursement funds to the Minnesota Board of Peace Officer Standards and Training. Thank you. Respectful ly, Charles Jo~in son Chief of Police CJ: 1 ao MINNF3OTA BOARD OF PEACE OFFICER STANDARDS AND TRAINING 500 METRO SQUARE BUILDING ~r. PAUL~ M~TA 55101 Mark If. Shields Executive Director (612) 296-2620 May 21, 1980 Dear Chief of Police or Sheriff: You may use the enclosed form(s) to apply for partial reimbursement of the costs that your law enforcement agency incurred in sending the named peace officer(s) to a basic law enforcement training course during the fiscal year which ends on June 30, 1980. We have already completed some parts of the form(s) from our records. Please complete the remaining parts in accordance with the following instructions: List only those costs which were actually incurred by your law enforcement agency. If all or part of an officer's salary was subsidized during the training period, state only the part of the salary that was paid out of your local budget. / The applicant is the local official who is authorized to apply for reimbursement funds. The applicant's signature must be notarized. The applicant must have been designated by a resolution of the local governing body. This resolution must have been passed within one year of the date of application, unless the applicant is the same official who was named when the city or county last applied for reimbursement funds. If you do not have a copy of a past resolution available, my staff can look up the date of the last resolution and the official who was named as applicant. When an officer's salary was subsidized, the maximum reimbursement for that officer's training is $240. In all other cases, eoual shares will be paid for each eligible officer who was trained during the past fiscal year. We will not know the exact amount per officer AN EQUAL OPPORTUNITY EMPLOYER /3 May 21, 1980 Page 2 until we have determined the number of officers whose salaries were subsidized. Payments will be less than in recent years because our reimbursement appropriation was cut from $300,000 to $200,000. Please submit your application(s) as soon as possible so that we can make prompt payments to your city or county treasurer. If you have any questions, please feel free to call this office and ask for the administrative unit. Sincerely, Mark K. Shields Executive Director MKS/JL Enclosure (s) 6~10-~0 CITY OF HOUND Mound, Minnesota June 5. 1980 COUNCIL MEMORANDUM NO. ~0-203 SUBJECTt Bicycle Safety Program Attached are two memorandums from the Police Chief relative to the Bicyle Safety Program. The action requested is~ 1. Approval of the purchase of two mopeds at 5760. 2. Approval of using some City owned land for BicyCle Racing Course. It is recommended the Council approve the purchase of the mopeds and that the selection of a site be left up to the Park Commission; /3'-t? 6~10-80 CITY OF MOUND Mound, Minnesota June 5, 1980 COUNCIL MEMORANDUM NO. ~0-203 SUBJECT: Bicycle Safety Program Attached are two memorandums from the Police Chief relative to the Bicyle Safety Program. The action requested is~ 1. Approval of the purchase of two mopeds at $760. 2. Approval of using some City owned land for Bicycle Racing Course. It is recommended the Council approve the purchase of the mopeds and that the selection of a site be left up to the Park Commission~ /3'.t2' IITEROFFICE MEI D TO: FROM: SUBJECT: Leonard Kopp - City Man.ager Charles Johnson - Chief of Police Bicycle Safety Program DATE June As I reported orally to you a few weeks ago, the grant request we submitted for assistance in implementing a Bicycle Safety Program was approved in the amount of $4,363. The city council approved submission of this grant request in December of 1979. There were 88 communities that submitted proposals and ours was one of the 20 that were approved. The initial steps in the program have already been set in motion. These include establishment of communication with the schools and receiving their much needed help and cooperation in this effort. We have given classroom instruction on bicycle safety to all kindergarten and fourth graders in the district as well as many pre-school groups so far. Educational efforts will continue through the summer, both in formal classes and one-to-one contacts. Additionally, we will be having bicycle rodeos and clinics. An important part of the Bicycle Safety Program calls for active enforcement of bicycli.ng laws through implementation of a bike safety patrol. To meet this end we have so far selected six members of the Law Enforcement Explorer Post to fill this manpower need. All of these individuals will be sent to a one week bicycle safety training Program sponsored by the state at Brainerd, Minnesota starting June 9. Upon their return the enforcement pro- gram will be implemented beginni'ng the week of Monday, June 16. The original grant application requested $960 for the purchase of two Moped type Vehicles to be used in the enforcement pr c gram. The program also showed a $960 soft match for salaries fo' department personnel and administra- tion of the p~ogram. Because the administrators of the state program were reluctant to make capital purchases with grant funds (the Mopeds), it was necessary to modify our proposal to show the Mopeds to be purchased as a ci'ty supplied soft match and that the salary expenditures would be received directly as grant monies. This modifi'cation was approved. This means the city will receive direct cash reimbursement for salary expenditures, but will be required to purchase the Mopeds. As a result, it is requested the police budget be adjusted to reflect a $960 increase for capital expenditures and reflect a $960 decrease in personnel salaries. The salary expenditures w~ll then be directly reimbursed to the city as a part of the grant. I have received two bids for two 1980 Yamahopper QT 50 Moped type vehicles. The bid from Burnsville Sports Center Ps $910 and the bid from Chaska Yamaha Inc. is $760. It is respectfully requested that we accept the bid of Chaska Yamaha. (~opies of their bids are attached.) Respectfully, Charles Johhson Chief of Police CJ:lao /3q7 700 WALNUT STREET NORTH CHASKA, MINNI::::SOTA 55318 612/448-5868 IVISIONS: CHASKA YAMAHA 700 Walnut Street Chaska, Minnesota 55318 612/448-5868 KENNY'S YAMAHA 6520 Lyndale Ave. So. Richfield, Minnesota 55423 612/869-4222 May 24~ 1980 MOUND POLICE DEPARTMENT 5341 Maywood Mound~ Minneso%a 55364 A%~en~ion: Mr. Charles Johnson Chief of Police QUOTE FOR TWO (2) 1980 YAMAHA QTS0 YA~ZAHOPPER'S ....... $760.00 Respectfully Submitted by CHASKA YAMAHA 700 Walnu~ S~ree~ Nor%h Chaska~ Minnesota 55318 E./ Schuchmann, President ES:ls ,MAHA 3200WEST HIGHWAY 13 · BURNSVILLE, MINNESOTA 55337 · PHONE: 890-4660 SALES . SERVICE. PARTS · T"EYEARAROUND /~ ~ ~' WESTONKA PUBLIC SCHOOLS MOUND, MINNESOTA 55364 May 6, 1980 TO: -- FROM: Subject: Superintendent and School Board Wayne H. Smith, Asst. Supt., Instruction and Personnel COOPERATIVE BICYCLE SAFETY PROGRAM Through the cooperative efforts of the school district and the local police department, we will be offering to students in our schools a bicycle safety awareness program which will enhance our regular unit of study in the el ementary grades. Officer Scott Racek, Mrs. Joleen Roy, and Mr. Doug Hage from our Science De- partment staff, and I met to review and plan the implementation of this program. Officer Racek had submitted a proposal to the Federal Government seeking a grant which would facilitate the implementation of an improved bicycle safety program. I am attaching to this communication his basic proposal. This spri'ng we will be using the resources outlined in the grant proposal, as well as direct contact work with the police department and our staff in relating to kindergarten and 4th grade age youngsters in the system. This is another example of how local governmental bodies do find ways to work together on mutual problems. I would compliment our local police department and Chief of Po'lice Johnson for fac'ilitating this effort. WHS:ah CC: Officer Scott Racek Chief Johnson~j I TEROFFICE MEI D TO: FROM: SUBJECT: Leonard Kopp - City Manager Charles Johnson - Chief of Police Bicycle Safety Program - Bicycle Raci.ng Course 3une 5 Over the past several years a tremendous amount of interest has generated in the bicycling sport of moto-cross racing. There are many regular races throughout the country, some'have even been televised on sports programs. Within the metropolitan area there are a number of these bike race tracks, one of the more successful being in Brooklyn Park. Locally there is a tremendous interest in this sport among the youngsters and many, if not most, have the types of bikes used in the sport. As a part of our Bicycle Safety P~ogram, it is requested that the city consider seriously the possibility of buildi.ng a bike race track that the department or other groups could utilize in sponsoring races. ! have spoken with Chris Bollis about this possibility and he was enthusiastic. He indicated that the cost would be minimal, somehwere in the area of $50 to $1OO in labor and utilizing scrap materials. The area necessary for such a course is about ½ the size of a football field. Attached you will find suggested plans for a moto cross track. It is s.uggested that the city consider use of some city owned land to build the track. Possibly the Park Commission would review this proposal and suggest an appropriate area if they .agree with the concept. REspectfully, Charles 3.ohn son "-- Chief of Police C J: lao /3'/3 'r{LACK IJiYOUT .. does hot have to be this elaborate~ or you could :~ut ].o~ more time & mOllOy illtO it ~ make it bettor )'et. ...... ~.~ ~d%aa~%. ' . ..A,...I.R~:.B .[urn banked thc ot;t,~. 7~ 'pq~- '%,N 2 I~.EVERSE CAr; EI,.: A '}t, mj~ at a larCe $ /]~' kQK.c//.'', - outside o~ a turn. . "~ ' I /(dS -''~/'<O~x '' TIRES: To mark course - . j'J '~" X~ a, STAKES-ROPE-I:LAC;IN(;: To keep spectators ' . J ~ ~ ''~ ocr track [ outline track For ,. '~]~ / Longer chart a b~kc a at ~ ~-- L . jl~ ~e ~ · I I 1000 FT. I , (Should be 1/8 to 1/4 lava, t-/OL D .5 TAR 7'//~ G G A*7*:* I I 1~ Gh'~,tl//b - p_y iv'o'? j J Wz-.*Z b //,IC~, ,gAT-£ CA ~V I I RZ:'>'iovED, c.. / ~ ~. . A ::: W l ~.r) /z'A C$ , /'YA )" Q 0 f-', $ F-/.~ M A $ ! A/,~c'7'/-:~ I_L. I/~/(;" A/'~I /.-_ /.. ,c. C* 7" /';) i /' ' /' - . , ~ i 1-?- I ~ o ~-.i..-~---~ .o ~ ~; ~ ]i ' ~ '~ '~ '" ~1 ' I," %(', ":-A I,''~ "i .' ' ??" ' · ' · I 1 · · ' {:"q ' · on the track. On a flat track a [~q~ h~gh and.g to 16 ~ncnes seed star, ting h~ll can be from l0 [:(~ Th~se should be 1 to 2 ft. apart. to 30 feet high. [~::..~! , ~ ...... . ' I "~~ <~:,, i'?: 1 to 3 feet high and Z to 5 feet '~',~/Z~IO/G' ' i,~q' " - '' ' ~'~,:': :~: w~ae.' nunn>, hops can be a s~ngle~:- .~ BERMS ['~':jump or 2 to 3 to'gether to make ]{~ ;f all t,,rns, They ,.till vary in [:"-:: ,~ C,t '" ,._, :] thc riders coming into the turn. [{]~{~ { /- -5% o' '/ .:~ berms as hieh as 12 feet. i;-}':.l ~~ ~~ 1'~.~ 'i . ' ~ ~ TABLE TOPS ~-- t'.:J ~rom vround level start out 1 ~;:'.'~ '15 to 4 feet high with no more ' t]"':] feet down and 1 foot back up ']than. a.d/12 pi~ch and. 6 to 8 foot ....~¥]again'- . . This will cover 8 total flac on top then back do;.'n On a .-'t feet. The pitch shouad not be '.'. ..'~fast track the table can b; longcri~7"l,~;re...;:;j than,, a"4/~255 ,.hitCh.. You may:. ~ ,,~.~.._ x · [:..,have 31.hoop-r,e-Doos ~n succesoxon.t .. Ilal. f table tops can be used to .'-'j { raise, or lo~¢er the track quickly. ] I ; :.'...' I$¥o .133~ FOR CITY OF MOUND Mound, Minnesota 6-10-80 June 3, 1980 COUNCIL MEMORANDUM NO. 80-197 SUBJECT: Request for 3.2 Beer License ApPlication has been made by the Mound Volunteer Fire Department for a license to sell 3.2 beer for three days from June 13, 1980 to June 15, 1980. /3.]7 6-10,~80- CITY OF MOUND Mound, Minnesota June 5, 1980 COUNCIL MEMORANDUM NO. 80-202 SUBJECT: Club License Renewals The Minnetonka Post 398 - American Legion and the V.F.W. Post 5113 have applied for renewal of their Club licenses. It is recommended that they be granted. 6-10-80 CITY OF MOUND Mound, ~tlnnesota June 6, 1980 COUNCIL MEMORANDUM NO. 80-205 SUBJECT: Request for Land Attached is a copy of a letter requesting the purchase of part of Lot 27, Block 1, Arden. The City has held several lots in this area for a well site. Releasing a portion of that one lot will not interfere with well site. This land is held on a tax deed and if the Council wishes to release the land a resolution returning the land to the State and authorizing the Mayor and Manager to buy the land at a private sale is required. rd L. Kopp ~' CLOCK REALTY, INC. 7324-36th Ave. No. New Hope, Minnesota 55427 Business (612) 535-5113 June 3, 1980 Mr. Kopp, City Manager 5341 Manhood Road Mound, Minn. 55364 Dear Mr. Kopp: We currently have listed that vacant lot, legal description - Lot 27, Block 1, Village of Arden. The aforementioned lot is not a bui!dable lot according to current requirements, it is our under- standing that the City of l=lound owns the adjacent ~= purchased ~' lot~ which, .. _.~ ~f a buyer in conjunction with the lot described above, would then make this a legal building site. In f=c=, it is my understand- ing that only 6' x 160' of the city lot would be needed to ma].~e the above lot legal size and saleable. I'm sure the city realizes the many benefits it would derive from having another home built in this area. I~hat I P~eed to know is: (1) Is the city willing to sell the adjacent lot or a part thereof? (2) ~hat price? (3) Under what type of financing? I would appreciate your .advising me as soon as possi- ble regarding t~_e above. Sincerely, T.., / Tom ..... ~ ' Sales Assoc CENTURY 21 Clock Realty, Inc. /33 Each Office Is Independently Owned And Operated Investment Property Sales 6-10-80 CITY OF MOUND Mound, Minnesota June 3, 1980 COUNCIL MEMORANDUM NO. 80-199 SUBJECT: Car Wash Ordinance Attached is a copy of the Car Wash Ordinance as recommended by the Planning Commission. This will be on the June 10th agenda. ORDINANCE NO. AN ORDINANCE ADDING SECTION 38.71 TO THE CITY CODE, REQUIRING LICENSES FOR CAR WASHES AND ESTABLISHING REGULATIONS RELATING TO CAR WASHES THE CITY OF ~OUND DOES ORDAIN: Section 38.71 is hereby added to the City Code and shall read as follows: Part I ~-~i '''~ · Pd~GULATIONS AND 'LICENSING CAR WASHES Section 38.71. Regulations and. Licensing of Car Washes. Subd. 1. Definitions. Type A. Coin-operated Self-service. A Coin-operated Self-service Car Wash is defined as a car wash where a person washes the car himself after depositing a coin in a machine for the use of water. Type B. Automatic Drive-through. An Automatic Drive-through is defined as a car w@sh where the person drives the car through the wash and machines clean the car. Type C. Automatic Conveyor. An Automatic Conveyor is defined as a car wash where the car is attached to a conveyor and proceeds through the line and is washed by machines and men. SUbd. 2. License Reauired. ' No person, firm or corporation shall operate any car wash in 'the City of Mound without first obtaining a license therefor and havin~ paid the license fee herein reauired. The license herein provided for shall be in addition to all other licenses which may be required by the ordinances of the City of Mound. Licenses shall be issued for a ohe year period~Jnd must .be renewed each year. Subd. 3. Application. Application for said license shall be made to the Council and filed with the City Clerk on forms prepared and furnished, by the Clerk. Said application shall be accompanied by the license fee and by a l~ritten letter from an insurance company or agency indicatin.q the insqrability of the applicant and the location. A certificate of insurance as required by this ordinance shall be filed with the City clerk prior to operation of the car wash. Subd. 4. ~sura~ce Required. The nsee of a car wash shall at all times maintain in. full f~e and effect a po]icy for liabil.ity insurance issued, by an insurer licensed to d.0 business in th% State of ° ' _O Minnesota; said policy lnsurln, the licensee, his agents and employees against liability arising from personal injury and property damage with limits not less than: A.. $300,000 for any one occurrence. $100,000 for any sin?le person. C. $25,000 for any one occurrence and property damac~e loss. Such policy shall provide that the City will be issued a Certificate of Insurance and the giving of ten (10.) days prior.notice in writing to the City of the termination or cancellation of said policy. Subd. 5. be as follows: License Fee. The license fee for each car wash shall A. Coin-Operated Self Service $ 50.00 per year B. Automatic Drive-Tnrou..h $ 75.00 per year C. Automatic Conveyor $ 100.00. per year. Each license shall expire on January 31st; applications for renewal shall be filed on or before January 10th of each year. The license fee shall be pro-rated for any fractional part of a year. Subd. 6. Zoning Requirements. A. Coin-operated self.-service and Automatic drive-through auto washes shall be allowed only in commercial or industrial' use districts by spec. ial permit. tlutomatic conveyor type auto washes shall be allowed only in commercial or industrial use dis.tr~-~ by special perm. lt. Stggd. 7. Lot Area and Setback Requirements. Bo A Coin-operated. self-service car wash shall have a minimum lot area of 10,000 square feet with a minimum of 100 feet of frontage along the major road. A Drive--through automatic car wash shall have a ~p. inimum lot area of 15,000 square feet with a minimum of 120 feet of frontage along the major road. A Conveyor automatic type car wash shall have a minimum lot area of 20,000 square feet with a minimt.n~, of 150 feet of frontage along the major roact.. Front Yard Setback. All car washes shall have a minimum 35-foot front yard setback measuring from the r~ght of way line to the front wall of the building. All other setbac~ requirements provided in the City Code for the zoning district where a particular car wash is located shall apply. Subd. 8. Protective Wall. Ail car washes shall have a 6-foot high, 8-~neh~th~e~-~k-w~-a-de~¥e-~ed-e~e~e-wa~,decorat~ve closed fence or wall at least 4 inches thick when adjacent to an exi~t~-~ residence or residential district or adjacent to an alley which abuts an existing residence or residential district. Subd. 9. Parking. The Coin-operated self-service car wash shall have a minimum of three (3) stack spaces per bay not including the wash bay spaces~ one (1) dry-off space per bay in addition to the wash bay space~ and one (1) parking spac~ per employee. A Stack space is defined as an area where the car can wait before entering the car washwhich shall consist of at least 200 s~uare feet'~ with a length of 2~ feet and a width of 10 feet. A dry-off space is defined as an area where the car can be parked after leaving the car wash area so that the car can be dried offwhich shall consist of at least 200 s~uare feet with a length of 20 feet and a width of 10 feet. The Automatic drive-through car wash shall have a minimum of five (5) stack spaces per bay an8 two (2) parking spaces for dry-off and one (1) parking space for every employee during one shift, when the maximum employees are e~loyed. The Automatic conveyor type car wash shall have a minimum of ten (10) stack ~paces ~er bay and three (3) parking spaces for dry-off and one parking space for every employee e~loyed during one shift, when the maximum employees are e~loyed. Subd. 10. Lights. Ail car washes shall have lighting systems with a minimum of ~f~~d~e,~n~e~si~y'2 to 5 candle intensity at 3 feet above ground level to illuminate the entire ~-~m~s~-~ wit out istur ~ng t e' sUrrounding area, Subd. 11. Drainage and Tastewater DiS 0sal. Cat h-bas .ns-shal e~-wash. Waste water from car washing shall be emitted into the sanitary sewer after flowing through a grease and mud trap. A server flow rate will be set in relation to the size of the facility. Failure to maintain acceptably l~amgrcas~..and mud~traps will be cause for revocation of the~license. leaning sewerage mains~or'trunks caused by sand and dirt from'the car'wasb~ · 's-~all be ~one at the expense o~ the Car Wash, Subd. 12, ~uilding 'Operations~. Ail operations shall be conducted ~ithin the bUildings ~x~pt for vacuuming and the dispensing of gasoline. Subd. 13. Site Plan Review. Car wash site plans shall be reviewed and recommendations made to the City Council from the Planning Commission~. the Police Department and Public Works Department. No.building permit for a car wash shall be issued unless the Planning Commission shall have first reviewed a detailed site plan of the car wash property and established a plan consistent with the provisions of this ordinance. Subd. 14. Prohibited Practices and ~egulation for Car Wash. The licensee shall keep'the premises of any car wash free at all times from debris and waste materials. Said licensee shall cause all such debris and waste materials'to be removed during each 24-hour period and as often as may be necessary to prevent any such debris or waste materials from being blown to nearby streets and premises. No person shall place or leave any debris or waste materials upon the premises of any car wash unless such debris or waste materials be placed in a waste receptacle ~rovided on the. premises for SUch purposes. No persons upon or nearby the premises of any car wash shall race the engine of any motor vehicle~ cause any horn to be blown except as a traffic warning, or cause any disturbance or loud noise upon or nearby said p~emises~. No person shall loiter and the licensee shall not ~e~mit persons to loiter upon the premises if such ~ersons are not actually engaged in washing cars, The licensee shall maintain ~uiet and order upon the ~remises. The licensee shall see that entrances and exits and abutting alleys are kept free from congestion and that this ordinance is observed. It shall be unlawful to keep any establ~'shment open for, business between the hours of 10 p.m. until ~-~q-.~.g'a.m. the following day. The premises on a car wash shall be kept adequately lighted at all times when open to the public. Lights shall be kept adequately sha¢].ed or otherwise regulated so as to prevent them from shining upon adjacent premises. Subd.. 15. Suspension and Revocation of Licenses. Whenever any licensee or agent of a licensee violates any provision of this ordinance, the license herein provid, ed for may be suspended for a period not exceeding sixty (60) days or revoked after a hearing before the City Council preceded bY reasonable notice. Subd. 16. Each Day a Separate Offense. Each day of donduct of buginess in which a violation of this ordinance occurs shall constitute a separate offense. Subd. 17. Separability. Each section and. each provisional requirement of any section of this ordinance shall be considered separable' and the invalidity of any portion of this ordinance shall not affect the validity' or enforceability of any other portion. Attest: Mayor City Clerk Adopted by the City Counci% Published in Official Newspaper CITY OF MOUND Mound, Minnesota June 4, 1980 INFORMATION MEMORANDUM NO. 80~-52 SUBJECT: 1979 Audit Attached is a copy of the 1979 Audit. If the Council wishes we can have the Auditor come to a meeting and discuss this with them. Leonard L. Kopp CITY OF MOUND Mound, Minnesota June 4, 1980 INFORMATION MEMORANDUM NO. 80-53 SUBJECT: Boathouse - Phelps Island Park 1st Division The council held over for consideration Information Memo No. 80-50 for consideration on the June 10th agenda. Lebnard L. Kopp 6-3-80 CITY OF NOUND MoUnd, Minnesota May 29, 1980 INFORMATION MEMORANDUM NO. 80-50 SUBJECT: Boathouse - Phelps Island Park 1st Division On December llth, the Council denied a variance for work on a boathouse located on the private street near Lots 55 and 56, Phelps Island Park 1st Division and further directed that the building be removed by May 15th. The building was not removed and the Manager requested informa- tion from the Attorney on how we should proceed to remove the structure. The Attorney talked to the owner and the Owner has asked his brother, an attorney, to help him fight the City. Mr. Pearson asked how much does the City wish to spend on this proceedings. The Council is therefore asked should we proceed full speed ahead and spend what is necessary or should we do otherwise? A copy of Resolution 79-529 is attached. Yeo~(ard L. Kopp ~ ~ / ~' 6-10-80 CITY OF IIOUND Hound, Minnesota June 6, 1980 INFORMATION MEMORANDUM NO. 80-54 SUBJECT: Cancellation - Special Meeting The special meeting of June 18 at McCombs-Knutson to discuss plans can be cancelled. At the first meeting the Council covered all the streets except for those on 3 ½ Section maps which the Engineer will bring to a Council meeting. (June 10th meeting) cc: McCombs-Knutson Associates /3 Z,"/ LAW OFFICES CLAYTON L. L~FEVE~E HERBERT p. LEFLER CURTIS A. PEARSON J. DENNIS O'BRIEN JOHN E* DRAWZ DAVID J. KENNEDY UOHN B. DEAN GLENN E, PURE~UE JAMES D. LARSON CHARLES L- L[FEVERE HERBERT P. LEFLER, UEFFREY J. STRAND JAMES P. O'MEARA MARY J. BJORKLUND THOMAS D. CREIGHTON WENDY L, FREEDMAN LEFEVERE. LEFLER, PEARSON. O' BRIEN & DRAWZ .. I100 FIRST NATIONAL BANK BUILDING BROOKLYN CENTER OFFICES MINNEAPOLIS, MINNESOTA 5540~: 610 BROOKDALE TOWERS TELEPHONE (61E:} 333-0543 2810 COUNTY ROAB I0 BROOKLYN CENTER, MINNESOTA 55430 June 5, 1980 Central Construction Company 715 Florida Avenue Minneapolis, Minnesota 55426 RICHARD J. SCHIEFFER Re: Mill Pond Subdivision - City of Mound Gentlemen: In 1978 Mill Pond Subdivision was approved by the Mound City Council subject to completion of.certain improvements, and to accomplish said improvements, 'the City also required a surety bond that .said work would be completed in accordance with the plans and specifications prepared by McCombs-Knutson Associates, Inc. I am now advised by the City Engineer that the "grading on the site is not completed and the grading .is not in accordance with the approved, grading plan for the site." This letter is to inform you and the bondin~ company, American Fidelity Fire Insurance Company of Woodbury, New York, that we are making demand that this work be Completed to the satisfaction of the City Engineer. We further demand, that you immediately respond. and indicate whether Widmer Brothers, Inc. will be doing this work or whether it will be necessary for the City to complete the work and make a demand under the bond against Widmer Brothers, Inc. and American Fidelity Fire Insnrance Company. The two bonds in question are performance bond subcontractor's bond no. 26842'81 and a labor and material payment bond subcontractor's bond no. 2684281. Please'respond no later than June 17, 1980. CAP:Ih cc: Ver~ truly you~ Curtis A. Pearson, City Attorney City of Mound, Minnesota Widmer Brothers, Inc. American Fidelity Fire Insurance Company Mr. Lyle Swanson Mr. Len Kopp /323 BOARD OF DIRECTORS President David Hozza St. Paul Vice Pres/den t Richard Asleson Apple Valley Past President June Demos Roseville Wayne Courtney Ed/ha J an Haugen Shorewood Sally Howard Minneapolis Richard Hullander S hakopee J ack Iri~ing Crystal Bill Joynes White Bear Stan Kehl Minneapolis J ames Krautkremer Brooklyn Park J ames Lacina Woodbury Richard Larsen Minnetonka Myra Lobeck Oakdale Dennis Sch neider Fridley v/ L 1980 Mr. Leonard J. Mound City Manager 5341Maywood Road Mound, MN 55364 / Dear Mr. Kopp: It is my privilege, as the new President, to enclose this brief note along with your Association of Metropolitan Municipalities (AMM) Dues Statement for the 1980-1981 fiscal year. I am also pleased to in- form you that due to an expanded membership base and a close monitoring of expenditures, there is no need for a general increase in the dues rate. However, the Board of Directors has adopted a dues schedule based on the current LMC dues schedule (50%.of a city's 1980 LMC dues), and hence there are some minor in- creases or decreases on a city-by-city basis (the pre- vious rate was 60% of the city's 1978 LMC dues amount). The year just completed was a good year for the ~ssociation with respect to our lobbying efforts. We accomplished about two-thirds of our legislative goals for the past Legislative Biennium. This success. is directly attributable to the ability and willingness of member cities to work together and work through the Association and League to present a united front to the Legislature. I commend and thank you for this tremen- dous support and'cooperation! I iook forward to working with you as President as we face new challenges, opportunities, and concerns during the coming year. With your continued financial support and active participation in the Association efforts, the Association will continue to be a powerful voice on behalf of the cities in the metropolitan area. Thank you. Thomas Spies Bloomington Stephen Wellington St. Paul Duane Zaun Laker/lie S~j~erely, Dick Asleson, Apple Valley Administrator and AMM President Executive D/rector - Vern Pctcrson ".~ ": i.'~(5~ 300 hanover bldg. 480 cedar street, st. paul, minnesota $5101 (612) 222-2861 HanOVi of the Board ofDirec}or~ 'the dues vc!:~dute fo/memb~ersh(? in-the'Associatio~t of "(total rounded to the nearest do!l~) or 31 o9, 3,ahiche~er ~ greater. :":: "'": .;:.:':?~;}u~el;i980 andendingMa¥31,1981"are $"l .008 ' for tbeCitY of :I~IOUND ..... ~.. '::,.~LM -dues'-2' 016 x-~o ~) :-': "',,:;..-'.,~... .... :-.:.:"-: >-,:,.*.~ · ~ .... , '-:~ ,~ .... ~.~ .......~, ,:-~ , , ., ~ ~ . - '~: ;..~. ?:': - .-;?~; ~'- ~ . '2 ~' .-' .-- -,':::; ' 5': : ". ', ~ ~'~;'" '; ~." '7 :"3:~ ; ':~L):.~=~2' .5:~,: ~:: ' ~ ~. ':,2.: :: q:(;~'~;~-~; Payment b9 pUbliC FUnds authOrized bY blinn. S~rS:;"Sgis. 465.58'and . ::';~] As ociati ":son o-f Merro '"' I' --po iran ",,': :'-'"':- ; :::-,'-"' "" ,,mmc,p:ndes for the Year'beginning '1'5,1:' ': :":! i:':' du in" the P ..':':~?::: I declare Under the p-=naItie~ of law that the foregoing ~a-n,c,_,n: is iud: and corr.: and that no part of it' hfis been .:,:~3; ,-, 2.. . Director.; . :...<....<:... ,.... , .' ..;S ... .} ., .., :.. '-. :. . . .. - ..::-~ z .... _ -': r ~: 5~..,-j .:':; ,..~:, ....: ........ .. ~-_,:.::)~.:. The records indicate tha~ Ben Withhart i~ the designated : de!e- "::--?¥' '"' . gate aaa Leonard Kopp is the designated altemkte'tb the_:.. Association of Metropolitan Municipalities from you: c[:;.'. ~,- ' ~ .,~=~s mrcrm us if our records are incorrect . ,or if your city desires to make a change in your designated delegate/alternate status. , ....... ' '" . . . _. '.' . . ;:,~ ;,.;:. ,.,, . , ....:-....,~',.. -_ . .... LETTER- LII~IINATOR Mayor Tim Lovaasen SENDER: SNAP OUT YELLOW COPY ONLY. SEND WHITE AND PINK COPIES WITH CARBON INTACT. FROM SUBJECT: Out of Town June 6, 1980J I~ESSAG~= CITY OF MOUND 5341 Maywood Road Mound, Minnesota 55364. (612) 472-1155 After the League of Minnesota Cities Conference in Duluth, June 11,12 and 13th, I plan to spend the weekend up at the North Shore and wi}l not be in Mound in case of emergencies. Please contact Bob Shanley or Department invo]ved in case of emergency. -Thanks. LLK/ms ' - CC: ~ REPLY- LETTER-LIMINATOR RECIPIENT: RETAIN WHITE COPY, RETURN PINK COPY'x'= 8700 west 36th street west 201~ 55426 st. louis park, minnesota telephone 933°2445 YOU ARE INVITED SUBURBAN PUBLIC HEALTH NURSING SERVICE ANNUAL MEETING Thursday, 3une 19~ 1980 8:00 p.m. BROOKLYN CENTER COMMUNITY CENTER-Social Hall 6301 Shingle Creek Rark~ay Parking Area: belo~ and to the right of main entrance supported by ta~ ~unds from municipalities of suburban henne~in county & the unitecl way CITY of MOUND dune /4, 1980 5341 MAYWOOD ROAD MOUND, MINNESOTA 5536¢ (612) 472-1155 Mr. Jim O'Brien Williams & O'Brien Associates 45 'South 9th Street Minneapolis, M~I 55402 Dear Jim: 'We appreciate the last letter you sent us about the roof but the Council is looking for some action. It is now the 4th of June and the contruction season is well underway and we seem to be no closer to a solution than we were a year ago. Jim, the Council wants this fixed this summer and you and I know they are correct. May I have something for them to consider this month? Sincerely, City Manager LLK/sg cc: City Council American Legion Post 398 DATE MAY 31. 1980 GAMBLING REPORT CURRENT MONTH YEAR TO DATE EXPENSES: SUPPLIFS SALES TAX _~~280.28 74.~2 PAYOUT AS PRIZES: PROFIT: $354.70 11o5_0_.,.20_ ~1324.54 DISTRIBUTION OF PROFITS: ALANO ~ O0 JR. LEG. BASEBALL INS. 1_~.70 CHECKING ACCOUNT CITY of MOUND June 4, 1980 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (512) 472-1155 Mr. E.F. "Bud" Robb, Jr., Commissioner Hennepin County Board of Commissioners A-24OO Government Center Minneapol.is, MN 55487 Subject: Tax Forfeit Land - Private Sale Dear Bud: It is our understanding that the County Board has directed the Staff to develop a policy for the private sale of tax forfeit land. It is our hope that the County will continue the private sale of undersize or unbuildable lots by the private sale approach. Mound was developed years ago with 40 foot by 80 foot lots which are just too small to hold a dwelling. Over tha.,years, a great many of these small lots in single owner- ship have gone tax forfeit. We, through private sale, have been able to combine these wi. th neighboring lots. What we do is purchase the lot and resell it at our cost to the abutting prop- erty owner. When a lot that is buildable goes tax forfeit, we always allow it to go to the auction. We are only asking for private sale of undersize lots. Bud, if you have any question on this, give me a call. Sincerely, City Manager LLK/sg cc: City Council 131/ CITY OF MOUND Mound, M[nnesota Monthly Activity Report of Street This Work Uni ts t~,onth P~t~h~n~ #?80 Sno~: Removal ~,981 Sidewalk Snow Removal ~82 Stre'etBtadino #~83 Storm'Sewer Maint. C.B.D. Maintenance #~8~ Msteri~ls Trmnsport Residential SweeDin~ #287 Clerical ~88 Street Seal Coated #~82 /~ Month of DeD~rtment & Shop Last Month C.B.D. Sweeping Sidewalk Maint. #993 Street Sand & Ice Control #~96 }ii sc. Signs Shoo Naintenance ~297 Eou,,'o. Service - Ooerators Street Light'in~' (Xmas) #390 Cemet.'~y //371 This Year to Date 0 To Date Last Year CITY OF ',' unesota Mound, Mon%h of Monthly Activity Report Sewer Department This Last, This ' Work Un{Is Month l, lonth %0 D ~~o~ ~oo ....... '~. Sewer. Mi scell,neous . to Da ~0 N£MOM ViOS~M~IN ~g~flON OMflO~ dO AiID I aSad P~fle 9 MOUND~ HZI~DIF-.SOT!t ~ Monthly Activity Report of Water Department Month o£ Work Units No. Times Checked Pumo/t1~ No. Times ~.h.cked Pumo /~2 Times Checked Pumo ~3 No. Times Ch~cked Pump No. Times Checked Pumg_~ No. Tiraes Checked Pumo ~76 No. Times Checked Pumm, ~7 Sho~ #~99 This Month Last ] This Year ~-?onth ] to Date Last Year to Data GLENN E. PURDUE JEFFREY J. STRAND JAMES P. O'MEaRA ~'v~ARY J. BJORkLUND WENDY L. FREEL)MAN LAW OFFICE:S LE:FEVERE, LEFLER, PEARSON, O'BRIEN & DRAWZ I100 FIRST NATIONAL BANK BUILDING '~BROOKLYN CENTER OFFICES MINNEAPOLIS, MINNESOTA 5540:~ iJ SlO BROOKDALE TOWERS TELEPHONE {61~} 333-0543 ~ ~810 COUNTY ROAD I0 ROOKLYN CENTE~, ~INNESOT~ 55430 {61~) 561-3E00 June 2, 1980 Ms. Barbara A. Heinitz Tribunal Administrator American Arbitration Association 1001 Foshay Tower Minneapolis, Minnesota 55402 Re: Case No. 56 10 0059 80 ThOmas & Sons Construction Co., Inc., Midland Nursery, Inc. and City of Mound Dear Ms. Heinitz: We are enclosing herewith the list of proposed arbitrators marked pursuant to your instructions. We have struck four of the names and have ranked the other seven commenci.ng with the number one through seven, the number one being our first choice. We are also in receipt of a letter from William J? Keefer repre- senting Midland Nursery who indicates that they are requesting a preheating conference. The city of Hound would join in that ~' request. Based on initial conferences between the contractor and the city without the third party being involved, i.e. Midland Nursery, Inc., it would be my estimate that this case would take a minimum of one week to present the necessary materials to the Board of Arbitration. There are a substantial number of individuals and witnesses who may wish to appear. We therefore feel that a pre- hearing conference may well benefit all parties. CAP:ms Enclosure Curtis A. Pearson City Attorney City of Mound 1311 CURTIS A. PEARSON J. DENNIS O' BRIEN JOHN ~-. ORAWZ JOHN S. DEAN GLENN E. PURDUE JAMES O LARSO~ HERBERT P. LEI~LEB, ~Z JEFfRE~' J. STRAND JAMES P. O'i~EARA THOHAS D. CREIGHTON LAW OFFICES LE:FEVERE, LEFLER, PEARSON, d BRIEN & DRAWZ I100 FIRST NATIONAL BANK BUILDING MINNEAPOLIS, MINNESOTA 5540;:) 610 BROOKDALE TOWERS BROOKLYN CENTER. HINNESOTA June 2, 19 80 i6,~ s6,-3zoo RICHARD J. $CHIEFFER Mr. William J. Keefer Attorney at.Law 2408 Central Avenue N.E. Minneapolis, Minnesota 55418 Re: Thomas vs Midland Nursery, Inc. and City of Mound Dear Mr. Keefer: This will acknowledge receipt of 'your letter of May 30, 1980. I have no objection to meeting with you to review the factual background in the City's termination of Thomas and Sons Construc- tion. I do believe .that any such meetin.g shOuld, be conducted with Mr. Rooney in attendance and. with the hope that there may be some discussions regarding settlement. Mr. Thomas is in possession of punch lists transmitted to him by the engineer during the course of 1978 and 1979. I would think it best that you make a demand upon Thomas for these documents since your contract is between Thomas and Sons and your. client and to the best of my knowledge there is no contractual relation- ship between Midland Nursery and the City of Mound. I have today written to the American Arbitration Association and agreed with your request for a preheating conference in the hope that there may be some settlement discussions. In conferences last fall with Mr. Rooney and his client we spent most of a day on a very few cases .which were in dispute. It would appear to me that any arbitration would take a minimum of a week depending upon the details to be presented to the arbitrator or upon any stipulated facts. There are .a substantial number of people in the City of Mound. who would be willing to come forward and who are desirous of testifying in this matter. If the City Council should appear and. should request citizens to come in to voice their complaint to the arbitrators, this matter could be extend, ed for a long period of }31o LAW OFFICES LEFEVERE, LEFLER. PEARSON, O'BRIEN & DRAWZ Mr. William J. Keefer Page 2 June 2, 1980 time and would, take more than a week to try. I will be happy to meet with you and Mr. RooneY to di'scuss a potential settlement either with or without the participation of the American Arbitra- tion Association. Very trUly y,o~ Curtis A. Pearson City Attorney City of Mound CAP: ms cc: Mr. Leonard L. kopp Mr. Skip McCombs Mr. Thomas Rooney 13o FRANK M. FUDALI WILLIAM J. KEEFER AbMRICAN ARBITRATION ASSOCIATION 1001Foshay Tower Minneapolis, bM 55402 May 30, 1980 2408 CENTRAL AVE. N.E. MINNEAPOLIS, MN. 55418 Attention: Barbara A. Heinitz, Tribunal Administrator Dear Ms. Heinitz: Re: Your Case No. 56 10 0059 80 Thomas & Sons Construction, Inc. and Midland Nursery, Inc. and City of Hound Please be advised of the Counterclaim of Midland Nursery against Thomas Sons Construction, Inc. and the City of Mound in the above matter. Midland Nursery was a subcontractor of Thomas & Sons and in 1978 performed substantial work under the subcontract, including work beyond the quantities specified in the contract. Midland Nursery did not receive payment for the additional work and subsequently refused to return to the job site. In 1979 Midland Nursery returned to the job site and performed a substantial amount of additional work at the request and direction of Thomas & Sons up to the time that Thomas & Sons was terminated by the City of Mound. Midland Nursery was available for work when directed subject to adverse weather conditions in 1978 and furnished labor and material beyond the contract specifications for which it has not been paid. Midland Nursery will make a claim against Thomas & Sons Construction and the City of Mound for approximately $15,000.00, plus interest, costs and attorney fees as may be allowed under the contract. Enclosed with this letter you will find a check in the amount of $400.00 as the fee for the filing of the Counterclaim. Because of the complexity of the facts, Midland Nursery requests a pre-hearing conference. Very truly yours, WJK: ss Enclosures William J. Keefer /3DF FRANK M. FUDALI WILLIAM J. KEEFER May 30, 1980 2408 CENTRAL AVE. N.E. MINNEAPOLIS, MN. 55418 CURTIS A. PETERSON, ESQ. 1100 First National Bank Building Minneaolis, MN 55402 Dear Mr. Peterson: Enclosed you will find a copy of our correspondence to the American Arbitration Association. I would appreciate an opportunity to meet with you to review the factual background in the termination of Thomas & Sons Construction. Quite frankly, we are being blamed by them for the contract failure which we feel is most inappropriate. I would like to meet with you to obtain a copy of the Thomas & Sons Construction contract, together with ali related punch lists that lead to the termination of them. We would also like to review the work performed to complete the contract to determine whether or not there is any factual, merit to their arguement. WJK:ss Enclosure - correspondence cc: Midland Nursery Att: Harvey Foss Very truly yours, MOUND VFW GROSS: POST 5113 EXPE,~ES: PAYOUT AS PRIZES: PROFIT: DISTRIBUTION OF PROFITS: 13o ~. MOUND GROSS: VFW POST 5113 / CURRENT MONTH YEAR TO DATE EXPENSES: PAYOUT,AS PRIZES: PROFIT: DISTRIBUTION OF PROFITs: