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80-09-10 CITY OF MOUND Mound, Minnesota AGENDA 80-301 80-300 :M 80-298 80-299 :M 80-305 ;M 80-302 ;M 80-304 ;M 80-303 Mound City Council Wednesday, September 10, 1980 City Hall 7:30 P.M. 6 7 8 9 10 11 12 Bids - Handicap Access (Opening Monday 2 P.M.) Pg. 2023 Public Hearings - September 10 Pg. 2022 A. Subdivision of Land-Block 9, Lakeside Park, A.L.Crocker's 1st Div. B. On and Off Sale Beer Licenses for Rager's Pub C. '!981 Revenue Sharing Planning Commission Minutes Pg. 1999-2021 A. Side Yard Variance - Lots 6 & 7, Block 5, Shirley Hills Unit B B. Subdivision of Land - Lots 43-47 & P/17-19, Block 6, Pembroke C. Subdivision of Land - Part of Lot 27, Lafayette Park, Lake Mtka. D. Street Front & Side Yard Variance - Lots 1-3, Block 9, Dreamwood Street Construction A. Arbor Lane (Be out Monday) B. Easement on Railroad Property Pg. 1994-1998 C. Other Comments and Suggestions by Citizens Present (2 Minute Limit) Park Department Equipment Pg. 1993 1981 Salaries Pg. 1991-1992 Fund for Severance Pay Pg. 1990 Calling Public Hearings Pg. 1989 Payment of Bills Information Memorandums/Misc. Pg. 1979-1988 Committee Reports Pg. 2024 WATER BILLS Account # Water Used in Gallons Water Costs 22-317-3007-41 Sewer Costs Total Amount Second Quarter (Actual) 75,000 $42.65 $71.50 $114.15 If based on 1st quarter 42.65 18.40 61.05 22-321-2996-1! Second Quarter (Actual) 115,000 $60,65 $107.50 $168.15 If based on 1st quarter 60.65 13.00 73.65 22-321~3010.-01 Second Quarter (Actual) 106,000 $56.60 $99.40 $156.00 If based on 1st quarter 56.60 25.60 82.20 22~317-3032-21 Second Quarter (Actual) 63~000 $37.25 $60.70 $97.95 !'f based on 1st quarter 37.25 22.00 59.25 22-321~3005~01 Second Quarter (Actual) 93,000 No f!'rst quarter established -didn't 22-364=.2561-31 $87.70 $5O.75 return cards $138.45 Second Quarter (Actual) 74,000 $42.20 $70.60 $112.80 !f based on Ist quarter 42.20 13.90 56.10 22-337-5900-61 Second Quarter (Actual) 35,000 $23.15 $35.50 $58.65 If based on 1st quarter 23.15 16.60 39.75 9-10-80 CITY OF MOUND Mound, Minnesota September 10, 1980 INFORMATION MEMORANDUM NO. 80-79 SUBJECT: Sergeant's Negotiation We have meet twice with the Sergeants' Union, but have not come to an agreement. It appears that they will accept the same fringe benefit package as the other employees; however, there is a difference in salary. We have offered $149.00 per month - the same as patrolmen settled for. The $149.00 equals 8.3% on the patrolman's pay and the~Lw.ant the same percentage increase or $173.00 per month. Sergeants' salaries as offered would be: $2,088.00 + $149.O0 = $2,237.00 $2,200.00 + $149.00 = $2,349.00 As requested.' $2,088.00 + $173.00 = $2,261.00 $2,200.00 + $173.00 = $2,373.00 Does the Council want us to accept the higher figure? Le6nard L. Kopp -- west hennEpIn human slrvlct/ planning board - 4i00 vernon avenue south, st. louis park, minnesota SS41~ 920-5533 TO: FROM: City Manager Marcy Shapiro Please pass copies of this letter along to your City Council members and Mayor. We would appreciate participation by at least one elected official of your city. We also would appreciate your participation in this meeting. Thanks for your cooperation. t0-5533 September 4, 1980 Dear Municipal Official: West Hennepin Human Services is again having a retreat for its Board of Directors to determine program goals and objectives for the upcoming year. This retreat is an opportunity for the Board to assess what we have done over the last year and for us to look at what human service needs in the area are. We would again like to get your ideas about what directions we ought to take and what types of projects you would like to see u s wor k on. We would like your participation at a breakfast and brief meeting at the retreat. It wil 1 be on Saturday, October 4, ~980 at Lyman Lodge, 21090 Minnetonka Boulevard in Excelsior. The break- fast will be at 8:30 a.m. and the meeting will be from 9:15 to 10:30. Enclosed is a list of questions that you might consider in pre- paration for this meeting. It is very important that WHHS get municipal ideas for our acti- vities if we are to work to meet the needs of our member com- munities. We hope that you will make every effort to attend this meet ing. Please R.S.V.P. to the West Hennepin Human Services office(920- 5533) by Friday, September 26. We look forward to seeing you on October S in cerel y, Patti Betlacn Chairperson :ff u~e~qoa~ :£ ma'[ qo a cl :~ m~'[ qo a c] :I ~}qo~ :g tUal qo-:d :~ w~I qo,za :C t~I qoa8 :g u~e -~ qo a a :C ~e'[ qo,J8 WHHS Questionnaire, continued Is theue any role that West Hennepin Human Services might ,play in developing these solutions? If yes, what type of role? Probl em 1: Probl em 2: P robl em 3: Problem P robl em 5: For your information, the current areas of WHHS activities are: 1. Family Violence 2. In-Home Services for the Elderly 3. Mental Health -: 4. Transpor tat ion 5. Displaced Homemakers 6. Low income issues -food and nutrition -fuel assistance 7. Coordination of Services 8. Community Education about Services z --:o~ CITY OF MOUND Mound, M~nnesota September 8, 1980 COUNCIL MEMORANDUM NO. 80-306 SUBJECT: Street Construction Attached are two items regarding the 1980 streets. One is for construction on Arbor Lane and the other pertains to an easement in the Highlands. These two items will be discussed at the September lOth meeting. "'"'Ee~,nard L. Kopp " ' ,- --- COMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS ! LAND SURVEYOiI SITE PLANNERS Reply To: Plymouth, Minnesota 55441 (612) 559-3700 September 8, 1980 Mr. Leonard Kopp City Manager City of Mound 5341Maywood Road Mound, MN 55364 Subject: City of Mound 1980 Street Improvements Arbor Lane Job #5248 Dear Mr. Kopp: I have met with the five property owners on that portion of Arbor Lane which has the 15' right-of-way that is in this year's project. Ail five property owners agree that in lieu of the concrete curb and gutter, they would rather have an inverted crown section and a concrete border on the edges of the street. (See attached section.) The reasons for this is that almost the entire length of this portion of Arbor is presently used for off-street parking and they feel a curb is not appropriate. The inverted crown section will also carry the drainage in a more satisfactory manner. A lot of sand washes down from above this section of Arbor from the hill to the south and settles out here where the street flattens out and with an inverted crown, it will be easier for City crews to sweep this up periodically. The main advantage of the inverted crown section is that it will blend into the off-street parking areas better than the standard curb-apron section. We also discussed the drainage problem at the end of Arbor. At the present time, the drainage is supposed to go to the edge of the turnaround right-of-way and drain in a swale to the lake. Because of all the sand washing down the hill, this swale fills up very quickly. It is also difficult to maintain be- cause it is so narrow and it must be cleaned by hand. We recommend that a 13' wide inverted crown section be constructed from the end of the street to about 10' from the lake to carry this drainage. The advantage of this is that it can be swept periodically and kept open relatively easily. A storm sewer in this area is not possible because the end of Arbor is not high enough above lake level to bury a pipe. It is our opinion that the changes suggested will better blend into the adjacent properties than the curb and gutter section and will not add significantly to the cost of the project. The concrete border on the street would be assessed on the same basis as curb and gutter. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. Ly±eSwanson, P.E. LS:sj ." L.~.~"--'- ~:~?......, ...::~:~:~:~:~:~ OMBS KNUTSON ASSOCIATES, INC ~~:~: l MINNEA~US e~ HUTCHINSON.MINNESOTA I I I Ill I I SCALE ~:~:::~....~.:::::..:~ OMBS-KNUTSON ASSOCIATES, INC. ~O~ ~l~i~~ ~ MINNEA~LIS~ H~CHINSON,MINNESOTA McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINEERS I LAND SURVEYORS · SITE ?LANN[R~ Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 September 8, 1980 Mr. Leonard Kopp City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 Subject: City of Mound 1980 Street Improvements Easements TH-68 Job #5398 Dear Leonard, In acquiring easements for above project, we have run into one that is going to take some money to get it signed. There are two permanent easements involved on the property. One is for a storm sewer outlet and the other is for the actual street construction. We have had numerous meetings with the property owner, Mrs. Lewis. At the last one, we offered her $500.00 contingent upon approval by the City Council. She said that she would sign the easement for that amount. We are taking approximately 1850 sq. feet in the permanent easement. Enclosed is a drawing showing the area of the perpetual ease- ment colored in red and the temporary easement colored in green. We would like to get an answer at the meeting September 10, 1980. If you have any questions please contact me. JC:ch Enclosure Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. John Cameron Minneapolis - Hutchinson- Alexandria - Granite Falls pr,r~ed r~n ;'r;c¥c;~d pa~e~ )Q '0~ LLI 9-10-80 CITY OF ~OUND Mound, Minnesota September 9, 1980 COUNCIL MEMORANDUM NO. 80-307 SUBJECT: Addendum to CM 80-301 - Bids for Handicap Access Only one bid was received for the Handicap Access for the Depot at Mound Bay Park and Island Park Park Hall. It was: Keho Construction Company $15,800.00 Keho Construction Company will deduct $1,500. from the bid amount if Alternate # 1 is accepted. Leonard L. Kopp CITY OF MOUND Mound, M~nnesota September 9, 1980 INFORMATION MEMORANDUM NO. 80-76 SUBJECT: Water and Sewer Billing We have had calls on the sewer service charges after the dry spring when people watered their lawns. When we bill water and sewer by the quarter, the third quarter (June 15 to September 15) was formerly used as the summer quarter throughout the City. When the City changed to monthly billing, (one section of the City is billed each month), we no longer could use the same 3 month period for the entire town since each section of the City is billed on a different month. The summer billing for sewer usages is as follows: Three Points and the Northern part of old Mound uses the same months for summer sewer as previous to the billing change. (June 15 to Sept.15) Old Mound uses July to October for the summer quarter (July 15 to Oct. 15) Island Park uses May to August (May 15 to Aug.15) Most of the complaints received this year came from old Mound. In trying to determine how we could keep from charging residents for sewerage charges for lawn watering, it appears that we would have to bill two quarters on the same basis as the winter quarter. o'nard L. Kopp December 11, 1979 Councilmember Polston the following resolution, RESOLUTION NO. 79-519 RESOLUTION AUTHORIZING THE INCREASE IN SEWER RATES AS RECOMMENDED BY THE ENGINEER WUEREAS, it is imperative that the City increase the sewer rate to meet increased costs, and WBEREAS, the Engineer has submitted a rate study that points out where increases would be most equable to all. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: That Council does hereby direct and authorize the following increase in Sewer Rates to be effective as of January 1, 1980: Quarterly Sewer Charge - Residential: For 10,OOO gallons or less Over 10,OOO fallons, per 1,OOO gal Minimum Quarterly Bill $13.OO Minimum Chg Qtr~y .90 $13.OO Note: The above minimum applies to each single family dwelling or apar'tment which ts in accordance with existing Sewer Department Policy. Under this policy, for example, a duplex would have a minimum m.p~zJ;J~,y charge of $26.00. Commercial - including large apartments: (more than 4 apartment'units per dwelling) Monthly sewer charges (large users) For 3,000 gallons or less Over 3,000 gallons, per 1,O00 gallons Note: Minimum monthly bill per apartment Monthly Charge $4.30 min. .90 $4.30 A motion for the adoption of the foregoing 'resolution was duly seconded by Council- member Withhart and upon vote being taken thereon; the following voted in favor thereof; Lovaasen, Polston and Withhart, the following voted against the same; Swenson, with Ulrick being absent, whereupon said resolut:ion was declared passed and--adopted, signed by the Mayor and his signature attested by the City Clerk. Mayor Attest~t~t~ CMC City Clerk 1-25-77 RESOLUTION NO. 77 - 59 RESOLUTION AMENDING RESOLUTION 74-32 Section b REGARDING SUMMER QUARTER SEWER SERVICE CHARGES WHEREAS, .City of Mound present resolution states: b. "during the summer quarter (third quarter) the sewer billing shall be based on the water consumed during the first quarter", and WHEREAS, it is recommended that if the summer quarter water usage is less than the winter usage, the summer rate will prevail, and WHEREAS, it will be the responsibility of the citizens to read and mail in their v/ater meter reading cards. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, MOUND, MINNESOTA: That Resolution 74-32 Section b regarding summer quarter sewer service charges be amended as follows: "Section b of Resolution 74-32 is, hereby, amended to read: For each residential or multiple dwelling sewage unit con- nected to municipal water for water consumption in excess of 10,000 gallons per quarter, based on the water consumed during each quarter, except during the summer quarter (third quarter) the sewer billing shall Be based on the lesser of the amount of water consumed during the first quarter or third quarter except if the meter is not read in the third quarter, then the sewer charge shall be based on the greater amount used." April 15, 1980 Councilmember Polsto~oved the following resoluti RESOLUTION NO. 80-153 RESOLUTION TO ADOPT RESOLUTION ESTABLISHING NEW WATER RATES: RATES TO BE EFFECTIVE MAY 1, 1980 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: That Resolution No. 73-79, "Resolution Establishing Water Service Rates", adopted March 13, 1973 and 76-216 dated May 25, 1976, be amended to read: The following schedule of rates for water service connection, turn- ing on or s~tting off of water, and water consumption be, and hereby is established: a. Turning on or shutting off water at curb box $5.00 b. Meter Installation 12.O0 Meter Removal 12.O0 For water consumed - Residential: Quarterly Water Consumption First 6,000 gallons or less Next 24,000 gallons Next 20,000 gallons All over 50,000 gallons per quarter Note: Quarterly Charge $6.00 (Minimum) .60 per 1,OOO gal. · 55 per 1,OO0 gal. .45 per 1,OOO gal. The above minimum applies to each single family dwelling. Where one residential meter serves more than one house- hold', each additional apartment would pay a quarterly minimum of $6.00. This minimum amount per apartment would be in addition to the above $6.00 minimum. All water us- age in excess of minimum would be billed under the above rate schedule. Seasonal users will be billed the full minimum charge for the quarter in which water is turned on and the quarter in which the water is turned off. if th~ actual usage exceeds the minimum, they should be billed the actual charges computed. Commercial, Industrial and Including Multiple Dwellings* Monthly Water Consumption First 2,000 gallons per month Next 8,000 gallons per month, per 1,O00 gallons Next 7,000 gallons per month, per 1,OOO gallons Over 17,O00 gallons per month, per 1,000 gallons Monthly Rates $1.O0 per 1,000 gal. (Minimum $2.00) .60 .55 .45 Note: More than four apartment units. (a) Minimum Monthly Bill per Apartment $2.00 (b) Minimum Monthly Bill for Commercial customers by meter size is as follows: 1 April 15, 1980 Minimum Monthly Charge 'For Commercial & Industrial is based on meter size. Heter Size Minimum Charge 3/4 inch $4.00 1" to 1½ inch 10.00 2 inch 15.00 3 inch 35.00 4 inch 60.00 6 inch 150.00 (c) Water service to customers who have more than meter shall be billed under the above rates for each meter on an individual basis. 3. Sprinkler System Structures having a sprinler system shall pay in addition to the water usage rate, the following charge of the sprinkling system: Size of System Monthly Rate 2 inch $3.00 4 inch 4.00 6 inch 6.00 8 inch 15.00 10 inch 25.00 12 inch 30.00 Said rates as provided herein to be come effective May 1, 1980. A motion for the adoption of the foregoing resolution was duly seconded by Council- member Ulrick and upon vote being taken thereon; the following voted in favor thereof; Lovaasen, Polston, Swenson.and Ulrick, the following voted against the same; none, with ~ithhart being absent, whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the Acting City Clerk. Mayor Attest: City Clerk CMC CITY OF MOUND Mound, Minnesota 9-10-80 September 9, 1980 INFORMATION MEMORANDUM NO. 80-77 SUBJECT: A1 & Alma's Dock Attached is a copy of a letter from Mr. Nolan's Attorney stipulating that the dock will be put into conformance by removing sections of dock parallel to the swimming beach and not continuing the dock onto the residential property. Unless there are objections from the Council, we will consider the dock in conformance. cc: Rother Hatlie September 9, 1980 Mr. Curtis A. Pearson 1100 First National Bank Bldg. Minneapolis, MN 55402 RE: City of Mound vs. A1 & Alma's Dear Mr. Pearson: At a meeting attended by Messrs. Kopp and Rother on September 8, 1980, the following stipulation was reached: 1) That Mr. Nolan will remove that portion of the eastern- most dock bordering the swimming beach area which ex- tends beyond the 15 foot side yard set back as projected and extended into Lake Minnetonka, and that he will remove the dock sections connecting the commercial dock with the private dock located to the west of the dock facilities. The above described adjustments will be made prior to the Council meeting on September 10, 1980, in futherance of the suggestions -./' for settlement contained in your letter of August 21, 1980. Since the city survey of the area was not complete as of September 8, 1980, the above described adjustments and corrections should not be con- strued as an admission of my client's guilt in the matter of the alleged violations. Neither should they be interpreted as a waiver of any legal defense he might have against such allegations. I am advised that my client will not be required to attend the Council meeting scheduled for September 10, 1980, if the above .corrections are made by that date. I also understand that my client may now proceed to submit a comprehensive plan for the construction of a commercial dock to be used during the 1980 season. I would appreciate your confirmation of this agreement. o ...... i.-'? NMH/sk CC: Leanord Kopp P.O. Box 103 3609 Shoreline Drive Navarre, Minnesota 55392 (612) 471-7585 of P. 0. BOX 452 4349 WARREN AVENUE SPRING PARK, MN 55384 471-9051 · 471-905S September 5, 1980 Mr. Leonard Kopp, City Manager City of Mound 5341Maywood Road Mound, MN 55364 Dear Leonard: At their meeting on September 2, 1980, the City Council voted to contract police services with the City of Orono for the year 1981, thereby terminating the joint agreement for police service with the City of Mound. This will serve as official notice of cancellation as of December 31, 1980. The City Council wishes to convey their appreciation for all the time you and your staff devoted to getting budget figures so they could make a feasible decision. Also, on behalf of all the citizens of Spring Park, the Council sends their thanks to the Mound Police Department for the past eleven years of service. We commend them for their diligence and concern in patrolling the City of Spring Park. We regret that we cannot continue in this police agreement but due to the economics this is not possible or feasible. We sincerely hope this action will not reduce the compatible relationship that Spring Park has shared with Mound for these many years. SinceTly, PR/po 9-10-80 CITY OF MOUND Mound, Minnesota September 4, 1980 COUNCIL MEMORANDUM NO. 80-301 SUBJECT: Bids - Handicap Access Bids for construction of sloped concrete walks and metal railing or Handicap Access for the depot at Mound Bay Park and the Island Park Hall will be opened on Monday, September 8. The Architect will have a report at the Council meeting. ~l. eohard L. Kopp 9-10-80 CITY OF MOUND Mound, Minnesota September 4, 1980 COUNCIL MEMORANDUM NO. 80-300 SUBJECT: Public Hearings - September lO The Council has called three public hearings for Wednesday, Septem- ber 10th: 1. Subdivision of Land, Block 9, Lakeside Park, A. L. Crocker's First Division 2. "On" and "Off Sale" Beer Licenses for Rager's Pub, Lots 12 and 13, Block 2, Dreamwood - 5098 Three Points Boulevard 3. 1981 Revenue Sharing Subdivision of Land - the subdivision of land is for the townhouses to be built on the subject property. The Council has already author- ized the construction of the townhouses. Beer Licenses - The beer licenses are for what was formerly called the Three Points Inn. Revenue Sharing hearing is for imput as to how the money is to be spent. This hearing will be an exercise in futility if Congress does not extend the Revenue Sharing Program. 9-10-80 CITY OF HOUND Hound, Hinnesota September 10, 1980 COUNC!L MEMORANDUM NO, 80-.308 SUBJECT; Addendum to CM 80-300 -Public Hearings - Item 2 In addition to the "On" and "Off Sale" Beer Licenses applied for Rager's Pub, the following licenses have been requested: Restaurant Cigarette duke Box Pool Tables (2) They are also making application to the State of Minnesota for a permit to allow set ups for consumption of intoxicating liquor. !f the Council approves the beer licenses, it is recommended that the above licenses also be approved. Leonard L. Kopp ' ///- - 9-10-80 CITY OF MOUND Mound, Minnesota September 3, 1980 COUNCIL MEMORANDUM NO. 80-298 SUBJECT: Planning Commission Minutes Attached is a copy of the Planning Commission minutes. quire Council action: Item 1. Side Yard Variance Lots 6 & 7, Block 5, Shirley Hills Unit B Zoned A-1 10,000 Square Feet The following re- The Planning Commission recommended approval of the existing 5 foot side yard variance. Subdivision of Land Lots 43,44,45,46,47 & Southerly 56.6 ft. of 17,18 & 19, Block 6, Pembroke Zoned A-1 10,O00 Square Feet The Planning Commission recommended the request to divide the land into three parcels: Parcel A - So. 56.6 ft. of Lots 17,18,19 & ½ of 47 = 7,924 sq. ft. Parcel B - Lots 43 & 44 = 12,000 sq. ft. Parcel C - Lots 45, 46 & E. ½ of 47 = lO,O00 sq. ft. Subdivision of Land Part of Lot 27, Lafayette Park, Lake Minnetonka Zoned Commercial The Planning Commission recommended the subdivision requested. .4. Street Front & Side Yard Variance Lots l, 2 and 3, Block 9, Dreamwood Zoned Residential B The Planning'Commission recommended a 5.3 foot street front variance and 7.9 foot side yard variance and that the deck could be placed as requested. o Preliminary Plat - Conceptual Approval Lot 54 and Part of Lot 46, Auditor's Subdivision 168 Zoned A-1 10,000 Square Feet The Planning Commission gave conceptual approval. The Council should not have to take any action until the preliminary plans are presented for approval. MINUTES OF THE MOUND ADVISORY PLANNING COMMISSION MEETING August 25, 1980 Present: Chairman Russell Peterson, Commissioners Lorraine Jackson, Margaret Hanson and Gary Paulsen. Commissioner Gerald Smith arrived at 7:45 p.m. Also present: City Manager Leonard L. Kopp, City Inspector Henry Truelsen and Secre- tary Marjorie Stutsman. MINUTES The minutes of the August ll, 1980 Planning Commission were presented for con- sideration. Hanson moved and Paulsen seconded a motion to accept the minutes of August llth as presented. The vote was unanimously in favor. BOARD OF APPEALS 1. Side Yard Variance Lots 6 & 7, Block 5, Shirley Hills Unit B David Bruns and John O'Brien were present. Hanson moved and Paulsen seconded a motion to recommend approval of vari- ance as requested. The vote was unanimously in favor. Commissioner Smith arrived - he concurred with the action taken on Item 1 - making the vote 5 in favor. Quorum now present. Subdivision of Land Lots 43, 44, 45, 46, 47 and southerly 56.6 feet of 17, 18 and 19, Block 6, Pembroke Ron Gehring was present. Hanson moved and Jackson seconded a motion to approve the subdivision with the stipulation that any future building on the sites would have to meet all setbacks. The vote was unanimously in favor. Subdivision of Land Part of Lot 27, Lafayette Park, Lake Minnetonka Roy O'Donnell was present. Jackson moved and Paulsen seconded a motion to approve the subdivision as requested. The vote was unanimously in favor. 'Street Front and Side Yard Variances Lots 1, 2 & 3, Block 9, Dreamwood Merlin Woytcke was present. Paulsen moved a'nd Hanson seconded a motion that variances be approved with condition deck extend no closer than 3 feet from front of house to right- of-way. The vote was unanimously in favor. 5. Preliminary Plat Approval Lot 54 and part of Lot 46, Auditor's Subdivision No. 168 __o_,-~ .... Ron Gehring was present as a prospective purchaser. Smith moved and Pau]sen seconded a motion to recommend conceptual approval of the preliminary plat. The vote was unanimously in favor. Planning Commission Minutes August 25, 1980 - Page 2 Discussed briefly comprehensive plan and new zoning ordinance. Chairman thinks that ordinance should be worded in such a way so that cases like Item 1 of this agenda would not require a variance. The goal should be to reduce number of variances required. Also, proposed ordinance needs to be gone over - not thorough enough on details. Smith moved and Hanson seconded a motion to adjourn. All in favor, so meeting adjourned. Attest: AGENDA FOR THE MOUND ADVISORY PLANNING COMMISSION MEETING August 25, 1980 7:30 P.M. Minutes of the August ll, 1980 Planning Commission meeting. BOARD OF APPEALS 1. David Bruns/John F. O'Brien, Sr., 5053 Bartlett Boulevard Lots 6 & 7, Block 5, Shirley Hills Unit "B" - Map 5 Side Yard Variance Ronald Gehring (Property on Aberdeen Road) Lots 43,44,45,46,47 & southerly 56.6 ft. of 17,18 & 19, Block 6, Pembroke - Map 1 Subdivision of Land Roy O'Donnell - East of corner of County Road IlO on Three Points Boulevard M & B Description - Lafayette Park, Lake Minnetonka - Map 2 Subdivision of Land Merlin V. Woytcke, 1701 Bluebird Land Lots l, 2 & 3, Block 9, Dreamwood - Street Front and Side Yard Variances Map 2 o Anthony Wick, Owner/Scott Mann, Agent (Property on Grove Lane) Lot 54 and part of Lot 46, Auditor's Subdivision No. 168 - Map Preliminary Plat Approval CITY OF MOUND Date: From: To: Subject: August 21, 19BO Building Inspector Planning Commission Board of Appeals - Meeting of 8-25-80 David Bruhns/John F. O'Brien - 5053 Bartlett Blvd. Lots 6 & 7, Blk. 5, Shirley Hills Unit B - Side Yard Variance Can see no problem in allowing the property to expand provided all set backs now-in existence are adhered to, said property is now nonconform- ing use. Five foot side yard variance requested. Ronald Gehring (property on Abderdeen Road) Lots 43, 44, 45, 46,-:.47 & southerly 56.6 feet of 17, 18 & 19, Blk. 6 Pembroke - Subdivision of Land Previous Council Res. 78-147 allows the combination/subdivision of the aforestated lots into three parcels. At the time the resolution was sanctified had reservations of the City"s allowing the nonconforming parcel, with nonconforming structures on the parcels to be allowed to continue. I feel the combinati'on/subdivision on three parcels should hot be allow- ed. That the aforestated lots be subdivi'ded into two parcels only (as I have drawn and included, enclosure marked exhibit A). Note parcel mark- ed A does have a large amount of bui'ldab]e area that with existing set backs would only allow for a 21 foot wide house of which economically is not a desi'red construction. I therefore fee] it is the responsibility of City to not expand or to be a part of continuing and/or promote nonconform- ancy such as these, to expand or continue to allow.to be divided as such. Roy O'Donnel - East of corner of County Road 110 on Three Points Blvd. M & B Lafayette Park, Lake Minnetonka - Subdivision ~f land Can see no problem i'n allowing thi's subdivision. It would be a good poten- ti'al' s.i'te for a small professional bui'ldi'ng, as zoning is commercial, limit- ed busi'ness. Merli'n V. ~oytCke, 1701 Bluebird Lane - Lots 1, 2 & 3, Blk, 9, Dreamwood ~ Street Front & Side Yard Variance Can see no problem in allowing thi's proposed variance for a deck provided the deck does-not protrude closer to the right-of-way on Bluebird than exi'sti'ng si'ngle family dwelli'ngs. Board of Appeals 8-25-B0 continued page 2 Anthony Wick, owner - property on Grove Lane Lot 54 and part of Lot 46, Auditor's Subd. #168 - Preliminary Plat Approval Information submitted is I believe, to be inadequate. The property is Torrence Title to be subdivided should call for replat and information submitted should be more detailed than existing. I am taking this to the City Engineer this date and we shall be contacting the owner/agent/ prospective buyer, to make them aware of added required information. Hopefully, we shall have something more in detail by the time of the meet- lng. If information is not forthcoming by that time would llke to request Commission to table any action other than conceptual approval but require applicant to come back to Plannlng Commission with proper information for replat of land by requirements of City Ordinance. HT/dd Henry Truelsen APP LICA TION FOR~RIANCE CITY OF MOUND NAME OF 't--/ APP LICANT',,4~/~4 Address ,~'-~ ~-'~ INTEREST IN PROPERTY FEE OWNER (if other than applicant) Addre s s ~ " ZONING_ ..~ Telephone Numb e r VARIANCE REQUESTED: NOTE: FRONT [ I ACCESSORY[ I YARD FT. BUILDING FT. SIDE FT.1 T.1 YARD LOT SQ. FOOTAGE/ q?, q !,7 N. C.U.~ or 1. Attach a survey AND 'scale drawing showing location of proposed improvement in relation to lot lines, other buildings on property and abutting streets. Z. Give ownership and dimensions of adjoining property. Show approximate locations of all buildings,' driveways, and streets pertinent to the application by extending survey or drawing, 3_. Attach letters from adjoining affected property owners showing attitude toward request. OTHER (describe).,,,~ ~ ]~-~]&;:.655~i~g; permit mast be applied for within one ear from the Ck~ancil resolution or va/rf-~ce granted becomes null and void. Variance, are nottrL~>~rab~ ~ ~ · ~ APPLICANT . . DATE Signature PLANNING COMMISSION RECOMMENDATION DATE COUNCIL ACTION: RESOLUTION NO.. DATE *non-conforming use HARVEY A. CARTV~R|GHT HAROLD R. OL~ON MOUND 34BM '~' LAND SURVEYORS REGISTERED UNDr'R LAWS OF STATE: OI;' I,IINNE$OTA LICENSED DY ORDINANCE: OF CITY OF' ,~:INNE:APOLIS 345 PLYMOUTH BUILDING LINCOLN 872-1 NETKO BLDG, MOUND, MINN. MOUND 493 .,urb por' Certifiratr ~rT;~Ot OLITAN LAND SURVEYORS, ESTABLISHED INDUSTRIAl. LOT SURVEYS LAKE:SHORE PLATTING Inv, 12815 ,. 579 -27 0~ ~.~ I~1 APPL ATION FOR SUBDIVISION OF LAND Sec. 22.03-a VILLAGE OF MOUND FEE $ SO, Do PLAT PARCEL I?-I/"/-. 23-3.3 - "\l'~~'e d,wded Location and complete legal description of'~a~OlDer~[~o'oe ~ ' ' : ~o~,~ ~-I Ol&3 To be divided as follows: ~, · ,~,~J,4-- co. ,_.~.~, ~. ~/~ /~ )~,.,d/~' ~.J e~ lC (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, ation given why this is not the case. PLANNING COMMISSION RECOMMENDATION: T~. DATE c TY OF DATE COUNCIL ACTION Resolution No. DATE APPROVAL OF THIS DIVISION IS DEPENDENT ON THE LEVYING OF ANY DEFICIENT SPECIAL ASSESSMENTS BY WAIVER. THE FILING OF THE DIVISION AS APPROVED AND THE NECESSARY PAYMENT OF_TAXES BY THE FEE OWNER WITHIN I YEAR FROM THE DATE OF THE RESOLUTION OR IT BECOMES NULL AND VOID. ' ','~; ,':!I -~, ~-' ~' A list of residents and owners of property within .feet must be attached~ ~ ~.:~!:'i :'.,' ':~. ;.,..,. "..'i;"' i'~:','. AP'P~fCATION FOR SUBDIVISION QbLAND ' FEE OWNER VILLAGE OF MOUND ~ PLAT PARCEL To be divided ~,follows: - · '~~1 ~ ~]o.~-~ ~p~--~'-'~ ,~-,~-,~'L1~7:' ' -' ' ' 7 i> ' "7~Y.,, building sites, squace foot area of each new parcel designated by numbe¢) A WAIVER IN LOT SIZE IS REQUESTED FOR: New Lot No. From Square feet TO Square feet Reason: * ': . APPLICANT _ ADDRESS- couNcIL ACTION CO. nCLI~ W~ th subdivision Resolution No. 78-1~,7 ""' - T --~ (signature) - ~ -- Applicant's interest in the property~ PLANNING COMMI~ION R E COMMENDATION: Aeco--e.~ ~1.&Qe~ ~,to H~rch 3o~ 1978 i ncl ud'i .g APPROVAL OF THIS DIVISION IS DEPENDENT ON THE LEVYING OF ANY DEFICIENT SPECIAL ASSESSMENTS ElY WAIVER, THE FILING OF THE DIVISION · AS APPROVED AND THE NECESSARY PAYMENT OF:_TAXESBY THE FEE OWNER WITHIN I YEAR FROM THE DATE OF THE RESOLUTION OR IT BECOMES NULL AND VOID. : A list of residents and owners of property within .feet must be attached.' April 4, 1978 COUNCIL I.~MORANDUM NO. 78-106 TO: FROM: SUBJECT: The Honorable Mayor and City Council The City Manager Planning Commission Minutes Attached is a copy of the Planning Commission Minutes. require Council action: Item 1. The following items -- Subdivision of Land ~ Lots 43, 44, 45, 46, the W. % of 47 and the S. 56 ft. of the E):½ of 47, 17, P~mbroke - Zon~ A-l, !O,~ ~_ ft_- ~e PlAShing Commissionrecommends~%his be dividedi~6~th~'~e':~'~Is ..... ~--.~ with stipulations as follows: 1. Any future attached or detached garage be within the front setback, with doors opening to the side to discourage backing into the public road and minimizing any adverse effect on traffic or traffic safety. 2. Front yard setback not less than 21.6 ft. 3. Rear yard setback of not less than 7 ft. 4. Side yard setback increased to 15 ft. on each side. T~e 10ts to~-~e divided: ........ Parcel A: The S. 56.6 ft. of Lot~ 17, 18, 19 and W. ½ of 47 - 7,924 sq.ft Parcel B: Lots 43 and 44 - 12,000 sq. ft. Parcel C: Lots 45, 46 and E. % of 4i - 10,600 sq. ft. The Administration concurs with the recommendation even though one lot  is undersize.. ~ ~ ~Expand a Non-C6nforming Use - Street Front Variance of 3.6 ft. Lots 7-10, Incl., Block 1, Shadywood Point Zoned A-2 6,000 sq. ft. ~.-- The Planning Commission approved the expand'ion-- of the existing structure within the existing ~.U_~t.~;~-- ~ This allows addition of a second story and a 3.6 ft. street front variance. The Administration concurs with the recommendation. 3. Variances - Possible Appeal Street front of 5 feet; side yard of 3 feet; lot size variance of 2,433 sq.ft. Lot 9, Block 1, Shadywood Point - Zoned A-1 10,000 sq.' ft. '~ The Planning Commission voted to deny the request to expand the house to ~ the existing garage. -~''A variance exists to expand the house by moving the garage back to the proper setback from the street. .... April 11, 1978 .... ..:.~.:.~.~ , ~ utilities. The vote was unanimously in favor. ]~~NNING COMMISSION ~!NUTES ~ / Subdivision of Lots 43, 44, 45, 46 th~ ~½ of 47 and '1 E' ½ of 47, 17, 18 and 1..9, Blogk 6, Pembroke y Fenstad moved and Swenson seconded a motion Fenstad moved and Polst0n seconded a motion to table this item to allow the City Attorney, Assistant City Engineer, Public Works girector aB~ t~e pro- portent to deliberate regarding the issue of the park dedication and public the S. 56 ft. of the RSOLUTION 78-147 ,.., ~The vote was unanimously RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIVISION INCLUDING THE FOUR STIPULATIONS OFFERED BY THE PLANNING COMMISSION. in favor. Street Front Variance of 3.6 ft - Lots 7-10, Block 1, Shadywood Point Polston moved and Withhart seconded a motion RESOLUTION 78-148. RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO! APPROVE THE STREET FRONT VARIANCE AS REQUESTED. The vote was unanimously in favor. Street Froot, Side Yard and Lot Size Variance - Lot 9, Block 1, Sha~ywood Point Fenstad moved and Swenson seconded a motion RESOLUTION 78-149 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY THE VAR- IANCES REQUESTED. The vote was unanimously in favor. The petitioner was advised to apply for the building permit as soon as possible. Subdivision of Land - Lots 10, 11 and Part of 1.2 and 13, Block 14, Avalon Polston moved and. l¢ithhart seconded a motion RESOLUTION 78-150 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE SUBDIVISION AS REQUESTED. The vote was unanimously in favor. Variance - Lake Front Setback -.Lots 2, 3, 7 and 8, Block 11, Seton Polston moved and Fenstad seconded a motion RESOLUTION 78-151 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO APPROVE THE VARIANCE AS.REOUESTED RESOLUTION TO CONCUR WITH THE RECOHHENOATION OF TH~ .. PLAN~ilNG COHHISSION TO APPROVE-THE SUBDIVISION IH- .. " C[UDING THE FOUR STIPULATIONS OFFERED BY THE PLAR- '- ".: '... WHEREAS, owners.of property described as Pembroke Addition, Block 6,. Lots 43, 44, 45, 46 and West 1/2 of 47 and the South 56 feet of the ' East 1/2 of 47, 17, 18 and 19 have requested a division o~/.land, -... .'. and '~: ' "~ - WHEREAS, said land is zoned A-1 requiring lO,DOg square feet per P~ceJ,i.' WHEREAS, division' would be for three parcels identified as A, B ansi C:'. parcel A: The South 56.6 feet of Lots 17, 18, 1~. :-. ..... and West 1/2 of lot 47 = 7,924 sq. ft.- · _. parcel 8: Lots 43 and 44 - 12,OO0 square feet ' parcel C': Lots 45, 46 and East 1/2 of lot 47 - 10,6OO sql. f~. WHEREAS, Planning Commission recommends the following stipulations with ~he division of land: ~ : 1) Any future attached or detached garage be within the front setbaCk, with doors opening to the side to discourage backing into the public road and minimizing any adverse effect on t~affic or traffic safetY, .... ' 2) · Front yard'setback not less than 21.6 feet. .-. 3) 4) NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MOUND, SOTA: Rear yard setback of not less than 7 feet. That Council concurs with the recommendation of the Plannl~g:COi~~' mission to approve the subdivision of property described above the four stipulations offered by the Planning Commission as'listed be ~ncorporated ,nto sa~d approval for subdivision of land,. · _; ~. Adopted by Council this llth day of April, 1978. FEE OWNER tZ~x/ APPLICATION FOR SUBDIVISION OF LAND Sec. 22.03-a VILLAGE OF MOUND FEE / FID - PLAT PARCEL 002_ Location and complete 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 designated by number) A WAIVER IN LOT SIZE IS REQUESTED FOR: New Lot No. From Reason: Square feet TO Square feet · % APPLICANT 0 D ~ TEL. NO. (signature) 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. ~MMISSION RECOMMENDATION: DATE The ~' .%~t 1!5 feet o£ tha~ par£ of Lot 7.7, Lafayette Park, Lake Minnetonka, [yin~ ~'~est'~a.l~ne drafvn parallel ~o and 400 f~et East of the ~est ~ne of Section 13, Tow~sh~p-I-'lTi~-' ~n~ Z~, lying South of Highway and [y~ North of a [~ne drawn Daratl~l to and Z.~'feet ~orth 6f ~e Sou~h ~ne of s~d'Lot Z7, accordin~ to the p[a~ ~here~f on ~ile'and of record ~n the office of the Re~ster of Deeds, in and for {Xt ~s hereb~'i~t'ended to transfer and convey all right, title'and interest of the Grantor in and:to the above described premises, and di~t~c~s.b~Sed or cMculated rrbm.ehe original and ~r~e ~th boundary line of ~ot ) -EKGEPT that portion taken by the Village of Mound for ~umDhouse as follows: t' The Wdst.. I00~-fe'eeof;~%'North. I0~ feet of the South 530 feet of that part'Tf LOt ~7, 'Lafayette Park Lake Minnetonka", described as.beginning ~t a point which is 4bb feet East and on a lin~ erected perpendicular to ~e West line of Section 13, Townshi~ 117, Range Z4, from a point on said West line 1515 feet South of the Northwest corner of said Section 1~; thence West along'said perpendicular line las febt; thence Nora, parallel to the West line of said SectiOn 13 a ~stance of 650. Z4 feek to the Souther~ lin~ Of Wenonah Road; thence 'Easterly along ~e Southerly line of Said Road lZ7.09 feet to an intersection with a line drawn North and p~raIlel to the West line of said Section 13 from the. po~'t 0f beginning; ~ence South along ~e last described parallel line 67Z. 45 ~ee! to the point of beginning. SU~TECT. t°'khe following ea seine ~: Easement~ favor~of the Village of Mound for access, right-of-way 'drainage,'?st0rm'sewe~ and ut~hty.purposes Over the East a5.feet lyingNor~h of~e South 430 feet, and ~e East i0'fee~ l~ing Southerly _, 0f the North kine 'of ~e South 430.'feet and lying Northerly of the Northerly shore kine'of the Channel of the following described tract of iand: That part of Lot 27, "Lafayette Park Lake Minnetonka", described as.beginning at a point which is 400 feet East and on a line erected perpendicular of the West line of Section 13, Township 117, Range 24, from a point, an safd West line 1525'febt south of the Northwest corner of said Section 13; thence West along said perpendicular 'lfne.lZ5 feet; thence North paraUel to the West line of said Section 13 a ...... a~tkn~e of 650, ~4 feet to the Southerly line of Wenonah Road; thence Easterly along the Southerly line Qf s~d Rea d 127.09 feet to an inter- section ~ th a line drawn North and parallel to the West line 9f said : ..... desci*ibed parallel line 672.45 feet to tl~e point of beginning, .-~'--. in' Final Certificate 'Document No.. 34477Q& ~. · ......... Se'ction 131from~the point of beginning; thence South along the last created PARCEL The East 125 feet of that part of Lot 27, 'Lafayette Park, Lake Mtnnetonka lying ~/est of a line dra,dn parallel to and A00 feet East of the West line of Section 1~, Township 117, Range 2A, lying South of Highway and lying North of a line drawn parallel to and /~55 feet North of the South line of said Lot 27, according to the plat' thereof on file and of record in the office of the Register of Deeds, in and for HenneDtn County, Mfnn.~s0ta, Three Po~n~s Boule~ar 1 I I .I iI --- 2"/5.0 1 1.]5 · 40O 'PUI~P~OOSO . -/ / e ~ .. ~ , a~sc~b~d inW~rranty ~td, ~ .. ~ T · 1o9.~9 ' ~.-~" -~---I ..... %~O~q;.a- .' -~ - ~ .i . , , · .-~ ~.~,. ~.1.." .. I .... tas .... '" '1 · · ...--:~':?l'--~.l%~ .... .~Yd _.~ ~ .... ~%o ....' ..... I.~ __ ~ -- ~_. : ~:z__: ~ - --~' ~ ......... ,',' ' ~;~/.. i ...... ~o,~'7'6;~,..- '~- ~ ~.. x'.' ~ ';,' , ' ...... t ......... ~ ......... /~ · . '. · ' '..... .... ', ',?". zzt%~'~¢;v [~'~r,z.': .... : .... ' ' : '~,mt '-~.U~', _ ' B ~!'~* ......... ~ ''"~ ..... ~¢~t /~ cornGr o+ · ";~' ~'~l~.,:;~':.' / I, -- "~ ..... :": .:'-; ' '".-:P~; :', ::'; ' ;v-::," .: '': .... P 2 ..... :,:;~' ~ . ' ' "' "', :~. ' I ~ -- 716 L~nt ...... APPLICATION FO! RIANCE CITY OF MOUND NAME OF FEE $ ZONING PROPERTY%% ^DOR .SS PLAT ~ / f~(> PARCEL Addre s s ! 7 0 / /~/. L~.£-- 6','/~. ;3 INTEREST IN PROPERTY ~Z~ ~-)-,~-fA FEE OWNER (if other than applicant) Address g,~,,,*- .LOT /-2- 3' BLOCK Te le phone ~ Number_~Yz-/Ff'/ ADDITION~.'~-~-~O--~--, t.t)O~r,/ Telephone Numb e r NOTE: FT.] 1. Attach a survey AND' scale drawing showing location of proposed improvemen~ 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 YARD N. C. U.* or OTHER (describe) LOT SQ. FOOTAGE by extending survey or drawing. 3. Attach letters from adjoining affecte41 ~roperty owners showing attitude toward request. REASON FOR REQUEST: ~/~'F ~, ,1,, F ,~ / permit must be applied for within one year from the date of the olution or uariance granted becomes null and void. are nc~t_~ans.fe rable. .~NTf~~ RECOMMENDATION DATE COUNCIL ACTION: RESOLUTION NO._ DATE *non-conforming use , i ~ .... ' ~ /I ~ ~ ' , , , '~ : I I -, - J 'l t t t I i ~ ' ' '" ' -'' ~ ' ,~ I I ':'i t~..~~~ ~t -' ~'W~ l il i' ' i ~,, ~ , , . , ~ I , , ~ ~ . ' ' ' ~ , I ~ : ' , , , , I , · J , ~ , , t + ~~ , , j i ..... I , , ......... gg~Bg'gl~9 I1'0 i C:g 'l~Yd '1.9 '-'4FIN3A¥ A~l"13$ ~09 l 'OD N~'Aa T NHOf :lHl J..~ ] ~ HDNI I, APPL{~ATION FOR SUBDIVISION Sec. 22.03-a VILLAGE OF MOUND 0 Fi~[IA N D FEE $ FEE OWNER Anthony 141ck PLAT PARCEL FID 23-117-241-30031 Location and complete legal description of property to be divided: Lot 54 and part of Lot 46 of Auditors subdivision No 168 ZONING Tobedividedasfollows: As per attached drawing (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 All lots will meet zoning requirements Square feet TO Square feet Reason: APPLICANT Anthony ~/lck reoresented by__ TEL. NO. '' 471-8~57 ' (signatUre) Scott Mann ' : ADDRESS !{1:1:1: Shore i ina Drive DATE 8/I 8/80 Applicant's interest in the property: Agent 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 ENGI NEENS ~ND SUI~VEYO~S .THIS I'i K TP, UE AND CO~D~F_C.T RED~E.~ENTP~TiOIq OP. A ~UP, V'E"~ OF- THE I:5OUMDAD,.IE5 OF-THE LAND .--.O..ES-C-~tlSED -AND O'P THE IDC. R-I'ION OF rXL.L bLJILDIMG5, IF ANY', 'THEP. EON. AND ALL VISIBLE: 'IF /~qY', FI:Z~N'I, OIZ ON 5RID LKND. THIS SURVEY 15 Mt~..")F_. ONLY IN CONNECTIO'r4 WITH A t. ZO~T?,kGE lOk,',J 140? DElL,lB PL~,CED oN'TH, E PROPERTY A.,NID ~O Lhm. BI~:TY' 15 A. SSUt,/tED E'/.CEWT' TO THE HOLDED. OF .,UCH MoRTG;~GF- OP. /kN¥ OTH[D, INTED. EST tXCCIUIR. ED D,¥-T'P,E. ~ER..,ON O~ SUCH MOP-TG,"~E. IT' 15 UNDEP..STOOD A,"JD ; . MttqOE,r4 EHGINEEP. ING CO.,lt'Ic.j ,/~,... Y.-, _ :~/,. .... ,:_ . ! '1 9-10-80 CITY OF MOUND Mound, Minnesota September 4, 1980 COUNCIL MEMORANDUM NO. 80-299 SUBJECT: Easement on Railroad Property Attached is a copy of an agreement with th~ Railroad to construct a storm sewer under their tracks at Belmon-~Lane between Lynwood Boulevard and Shoreline Boulevard. Payment for the easement is $200 for the 1st ten years and $100 for each 10 years thereafter. N~. 235,213 THIS AGREEMENT, made this 1st day of September , 19 80 , between BURLINGTON NORTHERN INC., a Delaware corporation, hereinafter called "Railroad," and CITY OF MOUND, whose post office address is 5341 Maywood Road, Mound, Minnesota 55364, hereinafter called "Permittee." WlTNESSETH: Railroad, for and in consideration of the fee herein provided to be paid to it by Permittee and of the covenants and promises hereinafter made to be observed and performed by Permittee, does hereby grant to Permittee license and permission to excavate for, construct, maintain and operate a 27-inch storm sewer, hereinafter referred to as the "facility," upon, along or across the right of way of Railroad, underneath the surface'thereof, and unde'r the tracks of its railroad, as the case may be, at or near Mound Station, in the County of Hennepin , State of Minnesota , to be located as follows, to-wit: as shown colored red on the plat hereto attached, marked Exhibit "A", dated July 14,. 1980, .. and by this reference thereto made a part hereof. Permittee in consideration of such license and permission hereby covenants and promises as follows: 1. Permittee will pay in advance to Railroad for this permit the sum of Two Hundrecl Dollars ($200.00) for the first ten (10) year period and One Hundred Dollars ($100.00) for each subsequent ten (10) years that this .agreement remains in effect, also all taxes and assessments that may be levied or assessed against said facility· Railroad reserves the right to Change the said 'charge at any time while this permit remains in e~fect upon thirty (30) days' written notice: This provision for paymer~t shall in no way restrict Railroad's right of termination under Paragraph 9 hereof. ' ' 2. Permittee, at Permittee's sole cost and expense, shall excavate for, construct, reconstruct, maintain and repair the facility placing the same in accordance with the specifications provided in application dated June 27 ,' 1980, heretofore approx;e~ by the Railroad's Regional Manager Engineering· : Permittee shall fill in..the exca. v.ation, and r.estore the surface,of, the. ground to its previ,ous condition subject to the approval of the Superintendent of the Division of Railroad upon which the facility is located. Said St~perintendent shall have ,,. , '.. ; ; ~',' '~,. ~, ,..;;~.[; I',t ~J'-~ J .r ' '· ,,., .... ,..' ' '~'z .: .... ~. :;._ u'.~:.;;-q~...' l{J L;-,C.I~L~) qL*l, ~L;~J/~-I.!C,j l't:~''} !ti J~' I /;~:t./ :% y'~ /f the right at any time when in his judgment it becomes necessary or advisable, to require any material used in the work to be replaced with like material or with material of a more permanent character; also to require additional work or change of location of said facility as a matter of safety, or of appearance, or on account of additional tracks being laid, change of grade thereof, construction of a building, or for any other reason whether or not connected with the operation, maintenance, or improvement of the railway of Railroad, all of which shall be done at the expense of Permittee in the manner herein provided. 3. Permittee shall give to the said Superintendent at least two (2) days' advance notice of any work to be done by Permittee in the excavation, construction, any reconstruction, maintenance, repair, change of location or removal of the facility, and shall conduct such work in such manner as not to interfere with the maintenance and operation of the railway of Railroad. 4. In the event that Railroad, at the request of Permittee or any agent or contractor of Permittee, Or for the protection of its property and operations, does any work, furnishes any material or flagging service, or incurs any expense whatsoever on account of the excavation for, construction, any reconstruction, maintenance, repair, change of location, removal of the facility or otherwise, Permittee shall reimburse Railroad for the cost thereof within twenty (20) days after bills are rendered therefor. If the excavation for construction, any reconstruction, maintenance, repair, change of location, or removal of the facility, requires any or all of the following work: removal and replacement of track, bridging, protection of track or other railway facilities by work or flagging, engineering and/or supervision, such work is to be performed by Railroad employees and the cost borne by Permittee. " 5. In the event any cathodic electrolysis or other electrical grounding system is installed in connection with the facility which, in the opinion of Railroad, in any way interferes with any train signals, telephone or telegraph lines, or other facilities of Railroad, Permittee upon being informed by Railroad of such interference shall forthwith discontinue operation of and remove said grounding system, or take such steps as may be necessary to avoid and eliminate all such interference. Permittee further agrees to indemnify, and save harmless Railroad from and against any damages, clair~s, losses, suits or expenses in any manner arising from or growing out of interference with the signals, telephone or telegraph lines of Railroad by the operation, use or existence of any such grounding system. 6.' Permittee'shall'and hereby releases and discharges Railroad of and from an~ and all liability for damage to or destruction of the said facility, and any other property of Permittee located on or near Railroad's premises; and shall and hereby assumes any and .all liability for injury to or death of any and all persons whomsoever, including officers, employees and agents of the parties hereto, or loss of or damage to property to whomsoever belonging, including property owned by, leased to or in the care, custody and control of the parties hereto, in any manner arising from or during the construction, any reconstruction, use, maintenance, repair or removal of said facility, however such injury, death, loss, damage or destruction aforesaid may occur or be caused; and shall and hereby does indemnify and save harmless Railroad of and from any and all claims, demands, suits, actions, damages, recoveries, judgments, costs or expenses arising or growing out of or in connection with any such injury, death, loss, damage or destruction aforesaid. Permittee further agrees to appear and defend in the name of Railroad any suits or actions at law brought against it on account of any such personal injuries, death or damage to property, and to pay and satisfy any' final iudgment that may be rendered against the Railroad in any ~such suit or action. The liability assumed by Permittee herein shall not be affected or diminished by the fact, if it be a fact, that any such suit or action brought against Railroad may arise out of negligence of Railroad, its officers, agents, servants or employees, or be contributed to by such negligence. 7. Permittee shall not transfer or assign this permit without the written consent of Railroad. 8. Not. hing herein contained shall im. ply.or.,i.mport ~ covenant on the part of Railroad for quiet enjoyment, 9. It is expressly u~erstood and agre~,?at Railro~ may at any time cancel and terminate this license and permi~ion by giving to Permittee thirty (30) days' notice in writing of its intention to ~ncel the ~me and at the expiration of ~ch notice' this licen~ arid permission shall terminate. Upon receipt of such notice and before the expiration ther0of, Permittee, under the supe~ision and direction of the ~id Superintendent, or his authorlz~ representative, shall remov0 the faciti~ from the right of way of Railro~ and re~ore the right of way and premises of Railroad in a manner and to such condition as ~all be satisfactory t~.~e .~id Sup~rin~?dent of Rail[o~. ~?ermitt~e' s~l~ ~a?.to remove_._..the facility and restore the ~id ' right of way to such condition within said thirty (30) day period, Railroad at i~ option may remove the ~me ~nd restore the · ~id right of way to its previous condition, and Permittee shall pay the co~ and ex~nse thereof to Railroad, :;':~:K?;~Cf~OH [~OFJJ-=[ ~;~ It~C'~ ~.D~i~/~s,~ co~bo~p;~u' FSL6JL-~[~CL c~l;~ ,.E3~I~O~',, ~uq' C[~.~ C~ ~'C¢~7. ~ .I i PUBZ_I~ I I~. ], p. Sub-~ta. 105 o o 10. Upon any failure of Permittee punctually and strictly to observe and perform the covenants and promises made hereln by Permittee to be kept and performed, Railroad may terminate this agreement on ten (10) days' notice to Permittee, remove the facility, and restore the right of way to its previous condition at the cost and expense of Permittee. 1 1. Any notices given under the provisions of this agreement shall be good if deposited postpaid in a United States post office addressed to P ermittee at Permittee's post office address above stated or as otherwise directed by Permittee. 12. The license and permission herein granted is subject to permits, leases and licenses, if any, heretofore granted by Railroad affecting the premises upon which said facility is located. Subject to the foregoing provisions, this agreement and all of the covenants and promises thereof, shall inure to the benefit of and be binding upon the parties hereto, their respective executors, administrators, successors and assigns. IN WITNESS WHEREOF, Railroad and Permittee have executed this agreement the day and year first above written. In Presence of: BURLINGTON NORTHERN INC. By General Manager -- Leases CITY OF MOUND By Attest: Mayor Cit~ Clerk FORM 60025 1-76 9-10-80 CITY OF HOUND Mound, Minnesota September 5, 1980 COUNCIL MEMORANDUM NO. 80-305 SUBJECT: Park Department Equipment The Park Department has gotten two quotations for park equipment (Climbers with slide). They are as follows: Bob Klein & Associates Hastings, MN. 2 Climbers $4,855.00 Hamele Recreation Co. Hamel, MN. 2 Climbers $8,932.00 It is recommended that the quotation of Bob Klein and Associates in the amount of $4,855.00 be approved. ] 9-10-80 CITY OF MOUND Mound, Minnesota September 5, 1980 COUNCIL MEMORANDUM NO. 80-302 SUBJECT: 1981 Salaries Attached is a proposed resolution based on the salaries approved by the Council on August 26th. One salary not discussed at the August 26th meeting was the Attorney's. Presently his pay for meetings, etc. is $14,000 per year. It is re- commended this be increased to $16,000. for 1981. RESOLUTION NO. 80- RESOLUTION ESTABLISHIN~ WAGES, SALARIES AND WORKING CONDITIONS FOR 1981 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MOUND, MOUND, MINNESOTA: The the following wages, salaries and working conditions are adopted for the year 1981: Position Clerk Typist 0 - 6 months 7 - 12 months 13 - 18 months After 19 months Receptionist Special Assessment Clerk O - 6 months 7 - 18 months 18 - 24 months After 24 months Accounting Clerk 0 - 6 months 7 - 18 months After 18 months Utility Billing Clerk Manager's Secretary Police Secretary Police Clerk 0 - 6 months 7 - 18 months After 18 months Animal Warden O - 6 months 7 - 12 months 13 - 24 months 25 - 36 months Accountant Building Inspector Liquor Store Manager City Clerk Treasurer Public Works Director Police Chief City Manager Liquor Store - Senior Clerk Liquor Clerk Part Time Clerk Amount $710.-~-(~- )er month 783.20 851.40 1,OO4.30 1,004.30 938.30 1,004.30 1,071.40 1,138.50 ~er month ~er month ~er month ~er month ~er month ~er month ~er month ~er month 938.30 per month 1,004.30 per month 1,071o40 per month 1,232.00 per month 1,232.00 per month 1,138.50 per month 938.30 per month 1,O04.30 per month 1,071.40 per month 1,004.30 per month 1,071.40 per month 1,138.50 per month 1,272.70 per month 1,145.00 per month $22,200.00 per year 22,000.00 per year 23,500.00 per year 24,800.00 per year 28,500.00 per year 35,000.00 per year $6.96 per hour $4.50 to $6.53 per hour $3.10 to $5.00 per hour All fringe benefits for the above positions including vacations, sick leave, severance pay, insurance, etc. are to be the same as adopted in the Adminis- trative Code and as will be adopted with the Public Works Union Agreement. Attorney $16,000.O0 per year 9-I0-80 CITY OF MOUND Mound, Minnesota September 5, 1980 COUNCIL MEMORANDUM NO. 80-304 SUBJECT: Fund for Severance Pay For years the City of Mound has had severance pay which has been paid on a "pay as you go" basis. The 1980 Legislature in Chapter 600 has stated that severance pay, if paid, must be funded. Below is a synopsis of the law that is copied from a State League Publication: Severance Pay. Ch. 600 provides that all counties, cities, townships, school districts or other governmental subdivisions are authorized but not required to pay severance pay to all of their employee and to establish, prescribe and promulgate provision, rules and regulations for the payment of this severance pay on, or prior to, or subsequent to, the normal retirement date. Severance pay shall include the pay- ment of accumulated vacation leave, accumulated sick leave or a combi- nation thereof. No political subdivision may implement a plan for the payment of severance pay until a plan providing for full funding has been developed and approved by the governing body. In view of the above, it is recommended a severance pay fund be established. The new Union Contracts will increase severance pay liability. A fund could be established at $20,000. by taking funds and amounts as follows: From Liquor Fund From General Fund From Water Fund $10,OOO. 5,OOO. 5,0OO. $20,O00. Payments can be added annually to this fund. A resolution is required to establish this fund. '-T_e, bnard L. Kopp CITY OF MOUND Mound, Minnesota September 5, 1980 COUNCIL MEMORANDUM NO. 80-303 SUBJECT: Calling Public Hearings Prior to certifying charges for delinquent utility bills, tree removal and weed cutting to be put on the taxes, we need to call public hearings. It is recommended that the Council set October 7th as the date for the public hearings for the following: 1. Delinquent Utility Bills 2. Tree Removal 3. Weedcutting 9-10-80 CITY OF MOUND Mound, Minnesota September 5, 1980 INFORMATION MEMORANDUM NO. 80-74 SUBJECT: Refund of License Fees In July, Barbara Rosten and Evelyn Ramberg made application for various licenses for the "Pickin Palace" (formerly Three Points Inn), 5098 Three Points Boulevard. They have withdrawn their application and have asked for a refund of fees (letter attached). The licenses applied for were: On and Off Sale Beer Set Up Permit Restaurant Entertainment Juke Box and Pool Tables Total fees for above were $485.00. Investigation costs, legal notice for publication and mailing notices costs come to $1OO.00. The amount of the unexpended costs is $385.00. This refund will be listed with the bills for approval. cc: B. Rosten & E. Ramberg City Clerk c~ re le~ &e q 9-10-8o CITY OF MOUND Mound, Minnesota September 5, 1980 INFORMATION MEMORANDUM NO. 80-75 SUBJECT: Refund - PID 13-117-24 ll Olll Levy 6946 The subject property owner paid $1,730.69 this month for the re- maining assessment on Levy 6946. In checking, after the payment had been made, it was found that Levy 6946 in the amount of $2,166.79 was paid when the lot was purchased in September 1978 from the County. A refund of $1,730.69 will be listed on the next list of bills to recify this error. '-"Lec~nard L. Kopp cc: E. Wilson West Suburban Bldrs. McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTIN6 EN61NEEfl$ [] LANO ~UflV[YO~$ · ~I~E ~LA~[~ Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 August 29, 1980 Mr. Leonard Kopp City Manager Clty of Mound 5341Maywood Road Mound, MN 55364 Subj eot: City of Mound 1980 Street Improvements Pending Assessments Job #5280 Dear Mr. Kopp: As requested, we have recalculated the estimated assessments for the 1980 Street Improvements based on the actual bids for the work. We recommend that the following costs be used when giving out pending assessments: Unit Charge $2000 Footage Charge $11.60 Area Charge $.12 These costs are approximately 10% lower than those given-in the Preliminary Engineering Report. Very truly yours, McCOMBS-KNUTSON ASSOCIATES, INC. LS:sj Minneapolis- Hutchinson - Alexandria - Granite Falls p~ir~:e~ on ;'ecyc;ed pape~ September 2, 1980 5341 MAYWOOD [CO/' . MOUND. ~'~INNE.~C)TA ~' '. ' (612) 472-11£~ The Honorable Thomas Hagedorn 440 Cannon Office Building Washington, D. C. 20515 Dear Representative Hagedorn: I am writing about the Revenue Sharing Bill - House File 7112. As I understand it, the bill has passed out of Committee and is on the floor of the House. It would help the Minnesota Cities greatly if this could be passed by the time Congress recesses in October. We will greatly appreciate any help you can give in getting a successful vote on the new revenue sharing bill. Sincerely, -l_eopard L. Kopp City Manager LLK/ms cc: City Council Ausust 29, 1980 Members of the Mound City Council Re: Proposed zoning changes I have been watching with interest the proceedings involving the proposed zoning ordinance changes. I think the recent comments in the press are correct in that the changes will affect all Mound citizens, and for many years to come. Please, do an ordinance that protects the homeowner, not one that caters to special interest groups. We have neighborhoods that suffer from crowding and poor planning, dating to the turn of the century. These practices don't have to-continue. Strong, well-designed performance standards will act to improve the character of our city. Speculators and short-sighted developers want no controls or weak ordinances to make their life easier, but the long term cost is too great. Quality is lost when the basic corners are cut. And the home buyer pays the real costl Two points: A good designer/builder can easily conform to reasonable setback and lot coverage ~tandards; to do less is to say "I don't know how". Secondly, as any city develops the best land is used first with the least desireable plots staying vacant longest. Because of this, stronger wetlands, floodplain and use standards are necess~ary at our stage of development than before in order to protect existing propertie~ from damage.~ Just because a lot was platted a hundred years ago does not mean it is buildable. We should not have to perpetuate past errors. Thanks for listening. It took resolve to do the street projects which have done so much to improve the appe~rance of the City. A good zoning ordinance can do mo~/' //~~ ~Janle D~, age ~4, of 10364) RIc~ ·Rct. Bloomlrmt~ Su~lved Iw ~- husl~nd, ~ sot, s, D,,vld · Btoomlngto~ sister, Vlrglnla. i,.~Servk:es Wed. I PM at It~ ~'wood. Frlen4s ma,/call Tues. INNETONKA CONSERVATION L.M.C.D. MEETING SCHEDULE September, 1980 Saturday 9-13-80 Water Structures & Environment Committee 7:30 a.m., Harts Cafe, Wayzata Monday 9-15-80 Lake Use Committee 4:30 p.m., LMCD Office, Wayzata Saturday 9-20-80 Executive Committee 7:30 a.m., Spring Park Eatery, Spring Park Wednesday 9-24-80 Regular Meeting of the Board of Directors 8 p.m., Tonka Bay Village Hall 4901Manitou Road (County Road 19) 9-3-80 0 N K A DARE TO CARE Westonka 1{Ormed Parents. volunteer non political non denominational RO. Box 321 Mound Minn, 55364 September 2, 1980 N R M E D P A R E N T S Dear Sir/Madam: Westonka Informed Parents seeks to determine the need for a recreational "drop-in center" for teenagers in Mound, and invites a delegation representing your organization to attend the open forum meeting in the School Board Room at the Westonka Community Service Center, 7:30 P.M., Thurs- day, September 18th. The Westonka School District Community Services Advisory Council is willing to make a suitable premises available, if the community sees a need and is willing to provide support. We believe that to be successful,,such a venture wOuld need the support of a significant number':of local civic groups and volunteer parents and individuals. The results of a proposed survey of both junior and senior high school students, and their parents, should be avail- able at the meeting. We urge you to attend and ask that you advise by phoning 472-1120, or by writing P. O. Box 321, Mound, Mn. 55364. Yours truly,~ WESTONKA INFORMED PARENTS MO~fH OF CITY OF MOUND MOUND~ ~fNNES~TA MONTHLY ACTIVITY REPORT OF LIQUOR DEPARTMENT SALF~ THIS MONTH L~ST MONTH THIS ~AR I~ST YF~R Compa~con of Monthly Sales Month 19 ~ ~_~__ 197~___ 197~_ Month & Year ~~_~7'- 7~ /Z//. 2~ ~~ ~/ ~ 70. /~