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85-04-23 CITY OF MOUND MOUND, MINNESOTA AGENDA MOUND CITY COUNCIL REGULAR MEETING 7:00 P.M., TUESDAY, APRIL 23, 1985 COUNCIL CHAMBERS 1. Camp Fire Girls Presentation 2. Approve Minutes of April 9, 1985, Regular Meeting 3., PUBLIC HEARING: Delinquent Utility Bills for April 4. PUBLIC HEARING; Application for Subdivision of Land for 4 Unit Townhouses in the 1700 Block of Commerce Blvd. (East side) Port Harrison 5. CASE $85-420: Kerry Peterson, 4798 Northern Rd., W 1/2 of Lots 1 & 22, Skarp's & Lindquist Ravenswood Request: Lot size, existing setback, zoning distrist 6. Review of Sub,division Request for Lots 21 & 22, Block 2, 1/2 Vacated Alley, Shirley Hills Unit F, 5200 Block of Eden Road 7. Request for Commons Maintenance Permit for the Installation of a Stairway behind 1546 Bluebird Lane, Mr. David Kunz 8. Comments & Suggestions from Citizens Present. 9. Review Seal Coat Bids (to be handed out) 10. Review of Water Connection Policy from Water Dept. 11. Renewal of Various Licenses 12. Payment of Bills 13. ~NFORMATION/MISCELLANEOUS A. Article on Strategic Planning B. Minutes of March 21, 1985, Minnehaha Creek Watershed District C. Minutes of April 2, 1985, Minnehaha Creek Watershed District Pg. 1006-1019 Pg. 1020 Pg. 1021-1040 Pg. 1041-1061 Pg. 1062-1069 Pg. 1070-1075 Pg. 1076 Pg. 1076A Pg. 1077A-1077M Pg. 1078 Pg. 1079-1083 Pg. 1084-1094 Page 1004 D. Agenda April 18, 1985, Minnehaha Creek Watershed District E. Annual Report - Minnehaha Creek Watershed Dist. F. Met Council Priorites Handout G. Final 1984 LMCD Report H. Ehlers & Associates Financial Newsletter ?g. 1095-1097 PB. 109B~1108 P~. Il09-1113 P~. Ill4-1116 Pg. 1117-1118 Page 1004 60 April 9, 1985 HINUTE~ REGULAR COUNCIL MEETING April 9, 1985 The City Council of Mound, Hennepin County, Minnesota, met in regular session on April 9, 1985, at 7:30 P.M. in the Council Chambers at 5341Maywood Road, in said City. Those present were: Mayor Bob Polston, Coun¢ilmembers Phyllis Jessen, Gary Paulsen and Steve Smith. Councilmember Russ Peterson was absent and excused. Also present were: City Manager Jon Elam, City Attorney Curt Pearson, City Planner Mark Koegler, City Engineer John Cameron, Police Chief Lenny Harrell, City Clerk Fran Clark, Building Inspector Jan Bertrand and the following interested citizens: Mr. & Mrs. Bill Alexander, Mr. & Mrs. Brian Schultz, Harvey Reder, William Habicht, Wendy Anderson, Joyce Nelson, Jackie Meyer, Bradley Larson, Vincent Forystek, Joyce Olson. The Mayor opened the me'ting, welcomed the people in attendance and congratulated the City Clerk for her election to the office of Treasurer in the Minnesota Clerks and Finance Officers Association. MINUTES " MOTION was made by Councilmember Jessen, seconded by Coun¢ilmember Smith, to approve the minutes of the March 12, 1985, regular Council meeting as submitted. The vote was unanimously in favor. Motion carried. MOTION was made by Councilmember Paulsen, seconded by Councilmember Jessen, to approve the minutes of the March 19, 1985, Special Council meeting as submitted. The vote was unanimously in favor. Motion carried. PUBLIC HEARING: CONDITIONAL USE PERMIT FOR CLASS ~ RESTAURANT CAPTAIN BILLY'S, 5241 SHORELINE BLVD. The City Planner s~ated that he feels there will be no impact on the neighorhood behind the building and the shortage of parking spaces will be alleviated by the use of the. vacant lot next to the Center. This vacant lot and the center ~roperty is all one tax parcel so if the owner Mr. Saliterman wanted to sell the vacant piece it would have to be subdivided and would come before the Council for approval. This will insure that the vacant lot be used for parking, if needed. April 9, 1985 The Mayor opened the public hearing and asked if there were any comments for or against the issuance of a Conditional Use Permit for a Class 3 Restaurant known as Captain Billy's. TOM COOK, 2343 Fairview Lane stated that he would like some sort of screening installed on the east if the parking'lot is going to be used. The Mayor closed the public hearing. Bill Alexander of Captain Billy's stated that he did not know how to answer Mr. Cook's request except to say that he will do everything he can to make the business as harmoneous as possible in the neighborhood. Councilmember Paulsen asked Mr. Alexander about the letter from Joan Gilchrist of the Hennepin County Health Department and the items listed that still need to be done. Mr. Alexander stated that he had spoken to Ms. Gilchrist this afternoon and she agreed to give them 3 to 4 weeks to complete the items on the list. The Building Inspector agreed to also allow them 30 days to complete the items on her list. Mayor Polston suggested adding a provision to the approval resolution stating that if the' extra lot is used for parking lot, screening will be installed. The Council agreed and also stated they would like the Health Dept.'s recommendations and the Building Inspector's recommendations incorporated in the resolution. Polston moved and Paulsen seconded the following resolution: RESOLUTION ~85-37 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR A CLASS III RESTAURANT AND GRANT A PARKING VARIANCE IN SECTION 13, TOWNSHIP 117, RANGE 24, PID #13-117-24 34 0069/00?0, AT 5241 SHORELINE BLYD., TO BE KNOWN AS CAPTAIN BILLY'S, INC. The vote was unanimously in favor. Motion carried. PUBLIC HE,kRING; ,,.TO CONSIDER, ISSUAN~E,~OF ON-SALE IN!OXICATING LIQUOR LICENSE FOR ,~APTAIN BILLY'S RESTAURANT The Mayor opened the public hearing and asked if there was anyone present who wished to speak in favor or against the issuance of this license. No one responded. The Mayor closed the public hearing. MOTION was made by Councilmember Paulsen, seconded by Councilmember Jessen to authorize the issuance of an On-Sale Intoxicating Liquor License to Captain Billy's Restaurant. The vote was unanimously in favor. Motion carried. 62 April 9, 1985 RESTAURANT, POOL TABLE, ¥IDEO GAMES, CICARETTE, ENTERTAINMENT, GAMES OF SKILL, AND DINNER DANCING LICENSES - CAPTAIN BILLY'S RESTAURANT MOTION was made by Councllmember Paulsen, seconded by Councilmember Jessen, to authorize the issuance of the following licenses to Captain Billy's: restaurant, pool table, video games, entertainment, games of skill and dinner dancing. The vote was unanimously in favor. Motion carried. PUBLIC HEARING;, TO CONSIDER ZONING ORDINANCE AMENDMENT RELATING ,TO SATELLITE DISH, ANTENNAS The City Manager stated that the Planning Commission and City Planner have come up with a concise amendment to the zoning ordinance regulating satellite dish antennas in the City. The City Planner went over the proposed amendment for the Council. The Mayor stated he is opposed to this ordinance'because he feels the dishes are not a threat or hazard to the public and that the the City should not regulate the sizes or where they can be put. Councilmember Paulsen stated that he is in favor of this ordinance and that the antennas should be treated as an accessory building. He further stated that he feels the City has to deal with this subject to protect residential property owners. Mayor Polston opened'the public hearing and asked if there was anyone present who wished to speak for or against the proposed .ordinance amendment. No one responded. The Mayor closed the public hearing. Paulsen moved and Jessen seconded the following: ORDINANCE #475 AN ORDINANCE AMENDING THE ZONING ORDINANCE RELATING TO SATELLITE DISH ANTENNAS Councilmember Smith asked if-the Council asked the Planning Commission to study this amendment. Councilmember Paulsen answered no, that the Planning Commission initiated this amendment. The vote on the amendment was 2 in favor with Mayor Polston and Councilmember Smith voting nay. Tie vote. Motion denied. The City Attorney pointed out that the am&ndment would have needed a 4 votes for approval. PUBLIC HEARING; TO CONSIDER CONDITIONAL USE PERMIT FOR ZERO LOT LINE TWIN HOMES (THREE,) IN THE 4?00 BLOCK MANCHESTER ROAD, - HARVEY REDER The City Manager explained that the Planning Commission has April 9, 1985 recommended approval with conditions. conditions with the Council. He went over the The Mayor opened the public hearing and asked if there was anyone present who wished to speak for or against the proposed Conditional Use Permit. No one responded. The Mayor closed the public hearing. The City Attorney suggested adding an additional condition that the lots be combined to have 6 taxable parcels (Lots 7 & 26, 6 & 27, 9 & 24, 8 & 25, 4 & 29, 5 & 28). The Council agreed. Polston moved and Paulsen seconded the following resolution: RESOLUTION 985-38 RESOLUTION APPROVING A CONDITIONAL USE PERMIT FOR CONSTRUCTION OF ZERO LOT LINE TWIN HOMES, LOTS ~,5,6,7,8,9,24,25,26,27, 28,29, BLOCK 9, WYCHWOOD, 4700 BLOCK OF MANCHESTER ROAD, PID $19-117-23 32 0087/0088/0089 The vote was unanimously in favor. Motion carried. PUBLIC HEARING; EXPENDITURE PLAN FOR YEAR XI COMMUNITY DEVELOP, MENT BLOCK GRAN~ FUNDS, FUNDS. AVAILABLE $76,581 The City Manager explained that there has been one change since the hearing notice was published and that i~ to budget $7,650 for the Westonka Senior Van, which would then lower the Downtown Improvement Financing to $12,350. The Mayor opened the public hearing and asked if there was anyone present who wished to comment on the proposed use of the CDBG funds. No one responded. The Mayor closed the public hearing. Councilmember Smith asked about the costs on TIF. The City Manager stated that these are the upfront costs such as legal, engineering, administrative, etc. and would be reimbursed if the bonds are sold. Paulsen moved and Jessen seconded the following resolution: RESOLUTION ~85-39 RESOLUTION APPROVING THE PROPOSED PROGRAM FOR YEAR ][I URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT FUNDS AND AUTHORIZING ITS SUBMITTAL The vote was unanimously in favor. Motion carried. REQUEST FOR LOT SUBDIVISION - BLOCK ~ SHIRLEY. HILLS UNIT F,. SUPER AMERICAN. ~ BALBOA OF MINNESOTA CO~ The.City Manager explained that the Planning Commission has 64 April 9, 1985 recommended approval of the subdivision request waiving the Park dedication fee of $7,600. The Mayor stated that he does not agree with waiving the Park dedication fee because if we do it for one we will set a precedent. The Council agreed. Paulsen moved and Jessen seconded the following resolution: RESOLUTION ~85-40 RESOLUTION TO APPROVE THE FINAL SUBDIVISION OF LAND FOR BALBOA OF MINNESOTA CO., AT CYPRESS LANE AND SHORELINE BLVD., PID ~13-117-24 34 0061/0064, AND PART OF 0065 INCLUDING THE PARK DEDICATION FEE OF $7,600 Mr. Bill Habicht, representing SuperAmerica and Balboa stated that the reason the Planning Commission recommended waiving the fee was that it was not brought up in the Conditional Use Permit, and they had not anticipated an extra cost. The project has been extremely expensive and SuperAmerica, Balboa and Mr. Ogren have been cooperative with the City in. meeting all the City's requests. The vote was unanimously in favor. Motion carried. COMMENTS ~ SUGGESTION~ FROM CITIZENS PRESENT The Mayor asked if there were any comments or suggestions from the citizens present. There were none. RECYCLING BIDS - PILOT PROGRAM Wendy Anderson explained that only 1 bid was received for the Pilot Recycling Program to be conducted in The Highlands. It was .from Beermann Services for a flat fee per month of $300.00 and an additional $35.00 for the drop-off site 1 day per month. She stated she has figured the costs for the remainder of 1985 to be $18,112.30 (after receiving Hennepin County funds and Met Council funds, it will cost the City of Mound $6,300.15). This is the Pilot Program for five months and the City-Wide program starting in September. The 1986 costs would be $22,390.80 (after funding the cost to the City of Mound will be $9,445.40) for the City- Wide program. : MOTION was made by Councilmember Jessen, seconded by Councilmember Paulsen to approve the bid from Beermann Services for the Pilot Program and also to approve the 1985 costs for the Pilot and City Wide Program (after funding) of $6,300.15. The vote was 3 in favor with Councilmember Smith abstaining. Motion carried. 65 April 9, 1985 The Council discussed the fact the recycling will probably be mandatory in a few years, but that the Legislature needs to understand what costs are involved on the local level for setting up a recycling program. Councilmember Smith stated it was difficult to vote no on recycling but that the costs are such that he feels we should let the bigger cities plo~.the ground and work out the kinks and the money we would have spent could be better spent in other places. The Council thanked the Committee for their time and work on this project. REQUEST TO SELL CITY OWNED.. LOT 15, BLOCK Iii DEVON~. TO BRADLEY LARSON (PIP. $25-1.]7-~ 11 0150) The City Manager explained that Mr. Larson would like to purchase this lot for $1,500 and combine it with his adjoining property to make his lot bigger. We have checked this out with the City Attorney and the lot is ours to sell, if the Council wishes. MOTION made by Councilmember Jessen, seconded by Councilmember Paulsen to authorize the sale of Lot 15, Block 11, Devon, PID $25-117-24 11 0150, to Bradley Larson for $1,500. City Attorney to 'Prepare the proper documents. The vote was unanimously in favor. Motion carried. .~NWOOD BLVD,. IMPROVEMENT,~ROJECT The City Engineer went over the plans and specifications for this project to be submitted the the State of Minnesota. He submitted the engineer's estimate for the total construction. It was $170,301. He further stated that this could go up because he was not sure how much it would cost to remove the Anderson Building. He also pointed out that the State will not allow all the cost of the storm sewer so the City will have to pick up about 50% of that cost. The Council needs to approve the plans for submission to the State. Jessen moved and Polston seconded the following resolution: RESOLUTION ~85-~1 RESOLUTION TO APPROVE THE PLANS AND SPECIFICATIONS AS SUBMITTED BY THE CITY ENGINEER FOR THE LYNWOOD BLVD. IMPROVEMENT PROJECT (~S.A.P. 1~5-10~-03) AND AUTHORIZING SUBMISSION TO THE STATE The vote was unanimously in favor. Motion carried. The city Manager explained that he now has all the appraisals for the project and is ready for the Council to approve the fair market values and authorize offers to be made to acquire the parcels necessary for the project. /all 66 April 9, 1985 Paulsen moved and Jessen seconded the following resolution: RESOLUTION ~85-~2 RESOLUTION ESTABLISHING JUST COMPENSATION AND AUTHORIZING OFFERS TO ACQUIRE ACQUISITION PARCELS A,B,C,D,E, LYNWOOD BOULEVARD IMPROVEMENT PROJECT {~S.A.P. 145-104-03) The vote was unanimously in favor. Motion carried. REQUEST UNDERTAKING PUBLIC IMPROVEMENT STUDY ON LOTS 25, 26~ 27, AND NORTHEASTERLY 115 FEET OF LOTS 15 & 1~, BLOCK 8, PEMBROKE - VINCENT D, FORYSTEK The City Manager explained the Mr. Forystek is requesting the City undertake a public improvement plan to extend water, sewer and improved streets to several'lots off of Paisley Road. The total preliminary, costs as figured by the City Engineer are $19,290. Mr. Forystek explained that he is buying one of these lots from his brother and the othe'r parcel he is purchasing from Hennepin County Tax Forfeit Land on a contract. He would then like to divide these lots into two buildable sites and build one house himself and sell the other lot, but he would like the road and utilities extended. He has checked with some contractors and if he provided these Smprovements he figures it would cost less than the $19,290 figure. 'The City Manager explained that the question is does the City want to act as a financial agent and assess the costs back to these lots or have the applicant finance this himself. Mr. Forsytek stated there are some drainage problems in the area which are causing water in the basement of a house on Lamberton. The Council discussed this and decided to have the City Engineer investigate the drainage problem. The City Attorney stated that the City cannot do anything on this until Mr. Forystek is the fee owner of the property. PROPOSAL TO FUND FILMING OF COUNCIL MEETINGS FOR CABLE T,¥, - JOYCE OLSON The City Manager explained that Ms. Olso'n has submitted a proposal for the filming of the Council Meetings and other additional program possibilities using part of the Franchise Fee the City receives from Dow-Sat for funding. The proposal is for 10 hours per week at $5.50 per hour or $3,160. The Council asked what other cities are doing with their Franchise Fee. The City Manager explained that the ones he has heard back from are just putting the money in the General Fund April 9, 1985 and using it, not putting it back into community access programming. MOTION made by Councllmember Smith, seconded by Councilmember Paulsen to authorize spending $5.50 per hour for the next ~ Council Meeting, not to exceed $200.00, and then review this subject again. The vote was unanimously in favor. Motion carried. TAX FORFEIT LAND REVIEW The City Manager explained that Hennepin County has notified us that 11 parcels of property are on the Tax Forfeit list. The City reviews these and approves those that meet our zoning requirements for public sale; approves those undersized parcels for private sale to adjoining property owners; or retains some parcels for drainage, park, etc. The City Engineer stated that he disagrees with one parcel on the release for public sale list. It is Lot 13A, Brookton. He feels this lot should be retained for drainage purposes because all the properties around it drain into it and there is no storm sewer to handle the water on that lot. The Council agreed. Jessen moved and Polston seconded the following resolution: RESOLUTION $85-~3 RESOLUTION AUTHORIZING APPLICATION FOR CONVEYANCE FROM THE STATE OF CERTAIN TAX FORFEIT LANDS (PID $1~-117-2~ 31 0013) LOT 13A, BROOKTON The vote was unanimously in favor. Motion carried. Paulsen moved and Jessen seconded the following resolution: RESOLUTION #85-~ RESOLUTION RELEASING CERTAIN TAX FORFEIT LANDS TO HENNEPIN COUNTY FOR PUBLIC AUCTION AND CERTIFYING THE SPECIAL ASSESSMENTS The vote was unanimously in favor. Motion carried. Paulsen moved and Jessen seconded the following resolution: RESOLUTION/$85-~5 RESOLUTION RECONVEYING (IF NECESSARY) CERTAIN TAX FORFEIT LANDS BACK TO THE STATE AND REQUESTING THE COUNTY BOARD TO IMPOSE CONDITIONS ON THE SALE OF SAID TAX FORFEIT LANDS AND TO RESTRICT THE SALE TO OWNERS OF ADJOINING LANDS The vote was unanimously in favor. Motion carried. April 9, 1985 CHANGE IN MEETING TIME APRIL 23~ 1985 The City Manager explained that it is the Campfire Girls 75th Anniversay this year and-two troops from Mound would like to come to the April 23rd Council Meeting and lead the Pledge of Allegiance and present a friendship cake. Thus he would like to start the meeting at 7:00 P.M. The Council agreed. RESCHEDULE MA~ ~8TH REGULAR COUNCIL MEETING The City Manager explained that the Board of Review will be held on May 28th and he would like to reschedule the Council Meeting for May 21st. MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to reschedule the May 28th Council Meeting to May 21st. The vote was unanimously in favor. Motion carried. BIDS TO UPGRADE SEWER LIFT STATIONS The City Manager explai.ned that this is a budgeted item and the City received two quotations for the work. They were as follows for the upgarde of the lift station at 3100 Highland Blvd.: Tri-State Pump. $9,899 'Waldor Pump $11,962 MOTION made by Councilmember Paulsen, seconded by Councilmember Smith to approve the bid of Tri-State Pump in the amount of $9,899 for the upgrade of the lift station at 3100 Highland Blvd. The vote was unanimously in favor. Motion carried. GARDEN LEASES FOR, CERTAIN CITY LOTS MOTION made by Councilmember Paulsen and seconded by Councilmember Jessen to approve a garden lease for Mr. & Mrs. Ray Kramer for Lots 10, 11, 12, Block 4, L.P. Crevier's Subd. for 1985. The vote was unanimously in favor. Motion carried. MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to approve a garden lease for Herman Schrupp for Lot 22, Block 2, Dreamwood for 1985. The vote was unanimously in favor. Motion carried Z SET DATE BID OPENING SEAL COAT PROJECT FOR 1985 MOTION made by Couneilmember Paulsen, seconded by Councilmember Smith to set April 19, 1985, at 10:00 A.M. for bid opening for the 1985 Seal Coat Program, to be considered at the April 23, 1985, Regular Council Meeting. The vote was 69 ', April 9, 1985 unanimously in favor. Motion carried. _QUOTATIONS FOR PARK SPRAYING The City Manager explained that this is the third year we have had this program in the Park Budget to contain the weeds and fertilize the grass in various parks and the cemetery. We received 2 quotations this year which are as follows: Pro-Lawns Associated on the Lake $5,520 with an additional prepayment discount of $496 making the quote $5,024.00. ChemLawn $5,969 He is recommending the quotation from Pro-Lawns at $5,024.00. Councilmember Jessen stated that Shoreview just passed an ordinance restricting fertilization of lawns because of the impact on the surrounding lakes. She stated that she knows with all the use the parks get they need these treatments, but would like the City Manager to tell the company who gets the bid to use caution in treating the parks by using less phospherous chemicals and using care to watch the weather when applying. Mayor Polston stated that he is opposed to spraying the parks because of the affect on the lakes. MOTION made by Councllmember Paulsen and seconded by Councilmember Jessen to approve the quotation of Pro-Lawns Associated on the Lake in the amount of $5,024.00 for 3 applications to various parks and the cemetery. The vote was 3 in favor with Mayor Polston voting nay, Motion carried. SET DATE FOR pUBLIC HEARING MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to set April 23, 1985, at 7:30 P.M. for a public hearing on an application for subdivision of land for 4 unit townhouses in the 1700 Block of Commerce Blvd. (PID ~13-117-2~ 22 0252). The vote was unanimously in favor. Motion carried. .PAYMENT...OF.BILL$ The bills were'presented for consideration. MOTION made by Councllmember Paulsen, seconded by Councilmember Jessen to approve the payment of bills as presented on the pre-list in the amount of $12~,332.~8, when funds are available. A roll call vote was unanimously, in favor. Motion carried. 70 April 9, 1985 COMPARABLE WORTH UPDATE The City Manager stated that he feels there may be a way the City can do a comparable worth study without spending $4,B00 on the Control Data, FOCUS, program. He has been in contact with the State Job Match unit and they have sent the job descriptions for the study they have done which they consider for cities. Because Mound is unique in having many jobs combined we will have to do further study on this to see if we can make it work for us. He further stated that the Legislature has'had two bills introduced this session that will alter the comparable worth mandate. One is to take police and fire out of comparable worth and the other is to extend the date of having the study done for 2 years. He stated he does not want to drop out of the Control Data study at this time, but that he will continue to monitor this and see if the City can use the State Job Match program. The CounCil agreed he should keep monitoring the CDC program and go ahead with the State Job Match system. AGREEMENT WITH BALBOA ON STORAGE OF CITY EQUIPMENT The City Manager explained that now that Balboa formally owns the Tonka Building, they have submitted an Agreement to store the city equipment in the-'Tonka Building. The City Attorney stated he has gone over the Agreement and sees no reason why the City . should not enter into this. MOTION made by Councilmember Paulsen, seconded by Councilmember Jessen to authorize the Mayor and City Manager to enter into an Agreement with Balboa of Minnesota, to store city vehicles in the Tonka Building. The vote was unanimously in favor. Motion carried. SET DATES FOR PUBLIC HEARINGS MOTION made .by Councilmember Paulsen and seconded by Councilmember Jessen to' set May 1~, 1985, at 7:30 P.M. for a public hearing on the proposed vacation of a portion of Gobden, Drummond and Windsor Roads. The vote was unanimously in favor. Motion. carried. MOTION made by Councilmember Jesseh and seconded by Councllmember Paulsen to set May 1~, 1985, at 7:30 P.M. for a public hearing on a proposed amendment to the Zoning Map for Lots 1 and 9, Block 13, The Highlands. The vote was unanimously in favor. Motion carried. April 9, 1985 ,CANCELLATION OF,, CONTRACT FOR DE~D The City Attorney stated that he has prepared a Mutual Agreement for Cancellation of Contract for Deed on Lot 34, Auditor's Subdivision #167, between Mr. Steve Coddon and the City. This was done at Mr. Coddon's request. Jessen moved and Polston seconded the following resolution: RESOLUTION ~85-~6 RESOLUTION TO AUTHORIZE THE MAYOR AND THE CITY MANAGER TO SIGN A MUTUAL AGREEMENT FOR CANCELLATION OF CONTRACT FOR DEED WITH STEVE CODDON, ON LOT 34, AUDITOR'S SUBDIVISION The vote was unanimously in favor. Motion carried. MOTION made by Councilmember Smith, seconded by Councilmember Polston to reconsider the motion made approving the spraying of certain parks and the cemetery by Pro-Lawns Associated of 'the Lake. Councilmember Smith stated that he is bringing this up again because of Councilmember Jessen's comment on the use of chemicals and'the problems it causes in the lake. Councilmember Jessen stated that she knows t~e parks need the spraying because of th~ use and only brought up the subject because she wants the company doing the spraying to be particularly careful of when and how they spray. A roll call vote was two in favor of reconsidering the original motion with Councilmembers Jessen and Paulsen voting nay. Motion denied. ~I NFORMATION/M !SCE..LLANEOUS. A. Letters from MWCC regarding wastewater flow measurement in Mound. B. Article on strategic planning. C. Article on computer use. D. Leaf composting notice. E. Conference on land use notice. Minnehaha Creek Watershed District Agenda from March 21, 1985, and Minutes from February 21, 1985. G. .Revised Town Square TIF Bond Schedule. Iai2 Citizens League Report - "Building On Strength". I. Met Council Re¥iew - March 15th. March Twin Cities Labor Information. K. Letter from Hennepin County - CSAH ~125. L. Westonka Chamber Waves - April 1985. M. New Housing Update. MOTION made by Couneilmember Paulsen, Couneilmember Jessen to adjourn at 10:55 P.M. unanimously in favor. Motion carried. 72 April 9, 1985 seconded by The vote was Fran Clark, City Clerk Jon Elam, City Manager BILLS APRIE'9, 1985 Computer run dated 3/26/85---Batch 854032 Computer run dated 3/28/85---Batch 854034 Computer run dated 4/4/85 .... Batch 854035 " " " " Batch 854036 33,012.58 16,439.12 22,199.17 52,681.61 TOTAL BILLS 124,332.48 Delinquent Water and sewer 4-17-85 33. 418 262] 61 '33 ' -' ' 33 439 2431 61 -,~-,.,. 5-t- 33 472 457O o2 33 475 4679 21 33 484 4905 32 33 487 4873 61 33 487 4764 71 33 5O6 3135 81 ~ ~'~3 11~ 33 ~ 3107 ~1 ~ 3062 41' 33 593 5223 81 ~ ~ 5~]7 3~ 33 647 5211 71 33 647 5217 41 33 65O 4766 51 $133.23 204.00 187.95 87.03 79.49 114.71 ,79;19 89.43 182.91 109.99 65.46 CITY OF HOUND Mound, Minnesota NOTICE OF PUBLIC HEARING ON APPLICATION FOR SUBDIVISION OF. LAND FOR 4 UNIT TOWNHOUSES PID # 13-117-24 22 0252 TO WHOM IT MAY CONCERN: NOTICE IS HEREBY GIVEN that on TuesdaY, April 23, 1985, at '7:30 P.M. at the Mound City Hall, 5341Maywood Road, Mound, Minne- sota, a hearing will be held to consider the subdivision of land located in the 1700 Block on Commerce Boulevard for townhouses and legally described as follows: "That part'of Lot 27 described as beginning at a point on West.'linq of. Northwest 1/4 of Section 13 distant 1224.71 feet South from Northwest'corner-thereof'than South 120.67 feet than South 84 degrees 40 minutes. East distant 138.94 feet than South 65 degrees Oh minutes East. distant 100 feet than South-62.degrees 26 minutes East distant 51.9 feet than South 85 degrees 16 minutes 40 seconds East distant lO1.41 feet than North O1 degrees 21 minutes East distant 25 feet than North 88 degrees 39 minutes West distant 101.72 feet than North 180.72 feet than Vest distant.275 feet to beginning except road, all in Lafayette Park, Lake-Hinnetonka" PID #13-117-24 22 0252 Such persons as desire to be heard with reference to the above will be heard at this meeting. Francene C. Clark, City Clerk McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTING ENGINE[RS ! LAND SURVEYORS ! PLANN[R~ March 26, 1~85 Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Ns. &an Bertrand Planning and Zoning City of Mound 5341Maywood Road Mound, Minnesota 55~4 Subject: Plan Review - Port Harrison Townhomes #7305 Dear Oan: As requested we have reviewed the plans of Port Harrison Townhomes submitted for preliminary plat approval and have the following comments and recommendations. Preliminar¥ Plat The preliminary plat submitted does not include any of the easements necessary for the proposed utilities. These will be required on the final plat. It does not appear that the minimum sideyard setback of 20 feet has been met on Lot 4. A distance of 16.4 feet is shown between the lot corner and the property line but no dimension is given from the propposed building to the property line. Resolution No. 84-144 approving a conditional use permit granted variances of 4 and 8.5 feet from the B-2 residential setback requirement of 30 foot minimum. Apparently the plans submitted at that time showed a setback of over 20 feet. This problem needs to be resolved before preliminary plat approval is granted since the building permits will be issued at that time and construction started before application is made for final plat approval. gradin9 and Drainage It appears from the information in our files that final approval is still required from Minnehaha Watershed District. The last letter contained a list of items which had to be submitted before the application was acted upon. Additional details for items such as baffl~ and outlet, erosion control, etc. will need to be submitted before construction commences. printed on recycled paper Ms. Oan Bertrand March 26, 1985 Page two We are requesting that the developer have his Engineer take another look at the drainage pattern north of the driveway and parking area. The present plan shows this area draining across the driveway which is not a good idea unless the drainage area is very small. We would like to see some figures on the actual size of this drainage area since it appears to include portions of the property north of the proposed development. Sanitary Sewer and Watermain The City Council has adopted two resolutions, #84-144 granting a conditional use permit and resolution #84-191 which amended the original resolution to inciude our recommendations, see attached. These recommendations have been met except for number 3 which stated that the sanitary sewer and watermain are to be extended to the east line of the development at the developers expense. The preliminary utility plan submitted shows the last llO feet of santiary sewer and watermain as future. We can see a problem with this at a later date if these utilities are extended. We do not have a landscape plan at our disposal, but are assuming that some planting will occur in this area which would be disturbed if these utilities are extended to the east. For this reason, we are again recommending that the developer extend the sanitary sewer and watermain to their east property line. The curb stops for the water services should be constructed so they do not fall in the drivewaYs. Site Improvements Before any final site improvements such as curb and gutter, paving, etc, are commenced a final site plan needs to be submitted which include details of these items. We are also assuming that the in place entrance will be used as is. If this is not the case, an entrance permit will be required from Hennepin County. Development Contract Normally a development contract is not required until the time of final plat approval, but in this case, we would recommend that it be required as part of the preliminary plat approval. The reason being that most of the construction will be started and/or finished before the final plat is approved. The following is our estimate of the costs which should be bonded by the developer as set forth in the development contract. Sanitary sewer $ 5,300.00 Watermain 6,400.00 Storm Sewer 1,O00. O0 Site Improvements .ll.~600.O0 Total Estimated Construction Cost..$24,~00.00 The developers had previously posted a bond for the grading, which is not included in the above amount. San Bertrand March 26, 1985 Page Three Recommendations Public hearing to be held as required by Chapter 22 of City Codes. An executed development contract should be a requirement of the preliminary plat approval. A bond shall be posted with the city in the amount of $30,375.00 which is 125% of the estimated construction cost. This is a requirement of the development contract. Additional escrow monies are to be paid if the present amount of $1,000.00 is depleted. A pack deduction fee of $1,650.00 should be paid as required by the platting ordinance section 22.37 (2). This amount is 10% of the $16,500.00, the market value as determined by Hennepin County. Title opinion by the City Attorney. Developer be required at his expense to extend to the east property line of the development, the 8" sanitary sewer and 6" watermain. Final construction plans and specifications for the following need to be submitted and approved before any work commences. 1. Gradingand Drainage. 2. Utilities including sanitary sewer, watermain, and storm sewer. 3. Landscape Plan. City should be furnished with copies of current approvals from Hinnehaha Creek. Watershed District, Health Department and the NPCA. If you have any questions or need additional information, please contact us. Sincerely, OC:j WoCOWBS-KNUTSON ASSOCIATES, Inc. printed on recycled paper McCOMBS-KNUTSON ASSOCIATES, INC. CONSULTIN{~ ENI~INEERS · LAND SURVEYORS · PLANNERS April 17, 1985 Reply To: 12800 Industrial Park Boulevard Plymouth, Minnesota 55441 (612) 559-3700 Hr. Oon Elam City ~anager City of Hound 5341 Haywood Road Hound, Hinnesota 55364 Subject: Hound, Minnesota Rort Harrison Townhomes Utilities #7305 Dear 3on: I stopped and visited Monday with Oim Robin, Attorney for the developers, regarding the utility extension on the Rort Harrison Townhouse project. He gave me copies of the prices theY have been quoted for two methods of serving these units. Copies of these are attached. Proposal #1 is for extending a 6" PVC sanitary sewer service and a 2" copper water service from the existing stubs located at the County Road right-of-way. We do not think the City should even consider this proposal, since their ordinance requires separate sewer and water services from the city main to each unit. Proposal #2 is for extending the 8" sanitary sewer to Hanhole #2 and the 6" watermain to a hydrant located beside Hanhole #2 northwest of the proposed building. Attached is a copy of this proposed plan. We believe the cost for this alternate is very high and the developer could do well to get additional prices from underground contractor's such as Widmer or Oedlicki; both of whom are local. It appears that this proposal also includes the stubs already existing from the mains in Commerce to the right-of-way line. Enclosed are copies of cost estimates for two alternates A and B that we have prepared using costs from comparable projects bid this spring. You will note that these estimates also include a 10~ contingency figure. The cost estimate for Alternate A is for extending 8" sanitary sewer and 6" watermain to the east property line. The cost estimate for Alternate B would be for an extension of both sanitary sewer and watermain comparable to proposal #2 as received by the developers. As you will note, our estimates are considerably lower than their proposal even with a 10~ contingency included. ion E1 am April 17, 1985 Page Two We would still recommend that both the sanitary sewer and watermain be extended to the developers most easterly property line. The last section east of the hydrant and Manhole #2 is not absolutely necessary for this townhouse development, therefore other arrangements could be made for this expense. One possibility would be to assess this cost, approximately $4700.00 to the property to the east which would require the property owner to agree to the assessment and sign a waiver. Because of the legalities envolved, the details of this method should be verified with the City Attorney. In conclusion we have the following recommendations and the reasons for them: 1) The 8" sanitary sewer and 6" watermain be extended to the developers most easterly property line because of the narrow easement provided and the close proximity of the proposed townhomes which would make this extension very difficult in the future. 2) The developer, at the minimum, should stand the expense of the main extensions to the proposed hydrant and Manhole #2 as shown on the enclosed drawing. After acceptance by the City these mains would be the responsibility of the City of Mound, and this method would provide separate services for each townhouse as required by City ordinance. In addition, adequate fire protection would be available with good pressure and cleaner ~rater in the future with the looping of the watermain. Since the sanitary sewer becomes the City's responsibility it should be 8" with the two manholes as sho~n to facilitate maintenance. If you have any questions or need additional information, please contact US. Sincerely, McCOMBS-KNUTS~3N ASSOCIATES, Inc. $C:j Enclosure Cost Estimate Port Harrison #73O5 - Alternate A - Sanitary. Sewer 8" PVC Sewer Pipe, 8" DIP Sewer Pipe, Tree Removal Manholes O- 8' Depth 8-10' Depth O- 8' Depth 8-10' Depth Manholes, Extra Depth 8"x4" Wyes 4" Service Ripe Granular Foundation Material Contingencies 80 L.F. ~ $ 15.00/LF $ 1,200.00 93 L.F. ~ 16.00/LF 1,488.00 60 L.F. ~ 18.00/LF 1,080.00 50 L.F. ~ 19.00/LF 950.00 Lump Sum 500.00 2 EACH ~ 950.O0/EA 1,900.00 0.6 L.F. ~ 80. O0/LF 48.00 4 EACH $ 60. O0/EA 240.00 100 L.F. $ 9.00/LF 900.00 80 TON ~ 8.00/TN 640.00 894.00 ....................... $ 9,840. O0 Total Estimated Cost - Sanitary Sewer ...... Watermain 6" DIP Watermain Fittings 1" Copper Service Groups l" Copper Service Pipe Hydrant 6" Gate Valve Granular Foundation Material Contingencies 280 L.F. ~ $ 12.00/LF $ 3,360.00 470 LBS ~ 1.50/LB 705.00 4 EACH ~ llOoO0/EA 440.00 140 L.F. ~ 6.00/LF 840.00 i EACH ~ iO00. O0/EA 1,000.00 I EACH ~ 370.O0/EA 370.00 80 TON ~ 8.00/TN 640.00 735.00 ....................... $ 8,090.00 Total Estimated Cost - Watermain ........... TOTAL ALTERNATE A ................................................. $17,930.00 - Alternate B - Deduct From Alternate A Sanitary Sewer 8" DIP Sewer Pipe, Tree Removal O- 8' Depth 60 L.F. ~ $ 18.00/LF $ 1,080.00 8-10' Depth 50 L.F. ~ 19.00/LF 950.00 Lump Sum 500.00 Watermain 6" DIP 120 L.F. ~ $ 12.00/LF $ 1,440.00 Fittings 200 LBS ~ 1.50/LB 300.00 Contingencies 423.00 Total Deduct ...................................................... $ 4,693.00 TOTAL ALTERNATE B ................................................. $13,237.00 VOLK TRUCKING & EXCAVATING, INC. 8470 Galpin Blvd. CHANHASSEN, MINNESOTA 55317 Phone 474-6105 SEWER & WATER SERVICE ~L ~e.I~EDTO ~O"[ ~ Port Harrison Townhome Partners 922-4717 March 11, 1985 "R[£T JOB NAM[ 4332 Hollywood Rd. Port ~lrrtson Townhomes Sewer & Water Edina, MN 55436 il)ATE OF P~.ANS JOB I OCAIION 17XXX Commerce Blvd. Mound, MN We her~ submit specifications and estimates lot: 120' - 6" PVC 140' - 4" PVC 3 ea. - 6x4 "Y" I ea. - 6x4 Reducer 170' - 2" Copper (40' lengths) 4 ea. - couplings (2x2) 2 ea. - T's (2x2) 2 ea. - Y's (2xl) 2 ea. - reducing coupler (2xl) 1" copper - valve 1" $155.00 $88. oo $36.00 $9.75 $440.30 $184.00 $89.00 $78.00 $138.00 $49.00 $70.28 subtotal- $1337.33 + 6% tax - $1417.58 + labor (working in water) 129' @ 15.00/ft. (6" PVC) $1935.00 140' @ 15.00/ft (4" PVC) $2100.00 170' @ 10.O0/ft. water 2" $1700.00 50' @ lO.O0/ft. " " $500.00 subtotal - $6235.00 Includes Sand fill, compacted TOTAL - $7652.58 ~t) ~p[PpPJ~g hereby to furnish material and labor- complete ~ment to be made as follows: in accordance with above specifications, for the sum of: to Ix as SlXCif~KI. All wo~ to ~ C~ m · ~monlb Mil ~ el~ ~ u~n w~mefl W~. o~ Mil ~ in ~ml. ~r ~ csr~ fire. tor~ and ~her ~ m~ro~o. Signature . . . Note: This proposal may b~ withdrawn by us if not accepted within days. VOLK TRUCKING & EXCAVATING, INC. 8470 Galpin Blvd. CHANHASSEN. MINNESOTA 55317 Phone 474-6105 ~O~[ ~BM,TTED 10 ?orr Harrison Townhome Partners ~£ET 4332 Hollywood Rd. Edina, MN 55436 Coffin & Gronberg Wa hereby submit specifications and estimates for: Sewer & Water 922-4717 ! March, 11, 1985 JOB NAME Port Harrison Townhomes Sewer & Water JOB LOCATION 17XXX Commerce Blvd. J JOB Mound, MN labor !83' - 6" DIP (6.25/ft.) 1 ea. - 6" 45-degree 1 ea. - 6" 22 degree 4 - 1" corps. (14.50) 1 - Hydrant 1 - 6" Gate Valve w/box I - 6" T 1 - 6" MJ 150' - 1" copper (.98) ~ - 1" Gate Valves w/adapter 208' - 8" PVC @2.29 I - 8" PVC 45 degree L I - 8" PVC 22 degree L ~ - 8x4 PVC "Y" @17.65 4 - 4x4 45 degree L @2.60 100' - 4"'PVC @.63 .Manholes 2 w/castings Includes service Plyment to ~ ~ as follows: (i7.50) 1143.75 $74.00 $74.00 $58.00 $719.00 $289.00 $115.00 $21.50 $147.00 $70.32 $476.32 $21.25 $23.70 $70.60 $10.40 $63.00 subtotal -$3376.84 62 tax - $3579.45 208' - PVC 8" sewer @28.00/ft $5824.0 183' DIP 6" water @28.00/ft $5124.0t subtotal - $10948.0i $1960.00 material total $5539.45 COMBINED TOTAL -~$16,481,45 to Bldgs.& sand fill, compacted hereby to furnish material and labor -- complete in accordance with abo~ specifications, for the sum of: ). material it luarantlNC to be Is spin:ileal.. NI ~ to bi completed m · workmanlike m~ ~:co~li.I to s~clard prectic~s. Any slterabon or dev~tmn from above ~s mvoivi.I e~tre costs .ill be esKute4 only upon wr~en ~m. ~ ~11 ~ome 8n e~re cha~e Mt I~ e~ h est)mete. Ali air~ments contmleflt u~ str~t, eccMnts ~r W em ~i~ c~ ~ Wo~men'l ~Mt~ Insuri~e. / ~ 7 Note: This I~Oposal may I~ withdrawn by us if not accepted w~thin 0 LAT r r 0 PEANNING COMMISSION MINUTES April 8, 1985 Case No. 85-415 Public Hearing on Preliminary Plat for Townhouses in the 1700 Block of Comn~rce Bou!evard ~ Part of Lot 27, Lafayette Park, Lake Minnetonka PID # 13-117-24 22 0252 James H. Norby, Real Estate Agent, and James Robin, Attorney for the project were present. The Build~ng Official Jan Bertrand stated that previously the Con~nisslon had approved a Conditlonal Use Permit for a 4 unit townhouse on the site and there has been a bit of confusion on the setback and on moving the building to the north a little bit. Now there is somewhat of a discrepancy of what. we've approved previously. Now there is 16.4 feet to the north lot line. Variances have changed; it looks like a 13.6 foot variance is needed; it ai~pears to be ~ving north. She noted that the gradi0.g and drainage plan final apl>royal from the Watershed District has not been granted yet. She reviewed and commented on the Engineer's report inc)uding his recommendations which are: 1. Public hearing to 'be held as required by Chapter 22 of the City .Codes. 2. An executed development contract should be requirement of the preliminary plat approval. A bond shall be posted with the City in the amount of $30,375.00 ~hich is 1251[ of the estimated construction cost. This is a requirement- of the development cont'ract signed with the City. /4. Additional escrow mon.ies are to be paid if the present amount of $1,000.OO is depleted. 5. A park dedication fee of $1,650.00 should be.paid as requir~d by the platting ordinance, Section 22.37(2). This amount is lO:[ of the $16,500.O0, the market value as determined by Hennepin County. 6. Title opinion by the C~lty Attorney? 7. Developer be required at his expense to extend to the east property )ina of the development, the 8 inch sanitary sewer and 6 inch watermain. 8. Final construction plans and specifications for the following need to be submitted and approved before any work commences. ). Grading and Drainage 2. Utilities including' sanitary sewer, watermain, and storm sewer. 3- Landscape Plan: ~. City should be furnished with copies of current approvals from Minnehaha Creek Watershed District, Heal.th Department and the MPCA. Reese questioned v/nat the Engineer.is saying in pJragraph "Preliminary Plat"7 The Building Official explained originally they asked for a 4 foot variance (26 foot setback to building); then an 8.5 variance (21.5 foot to the building) and now distance is shown as 16.4 or 13.6 variance. Jim Robin, Attorney for the project, explaine~ that original pl~n~ were for a setback of 21 or 22 feet; then what happened was the actua) location of the : lagoon was off s)ight)y. They had to meet the SO. foot setback from the lake by pushing the building to the west and it moved over to the north a couple of feet. Actual perimeter of the building is.about )9.$, so they do need your permission to vary what was originally asked for by about l~ feet. Doesn't know whose fault that is, but )t was innocent misrepresentation and they pushed the building to the south as far as they could; this is just the way it came out/ The Chair asked if it was pos~ible to put the structure on that )ot within the required setbacks. Robin said no. Discussed size of buildings-and it was ques- tioned if they could be made smaller. All units would have to be redesigned. The Chair opened the public hearing; no one present wanted to speak for or against the prdject; the Chair closed the public hea~ing. Robin asked that the preliminary plat approval be subject to working out # 7. This talks about the developer at his own expense extending sewer and water lines to the east line of property. 'He stated the )arge p~rcel to east really should have access through.this plat, but the sewer and water bid for the Port Harrison project is $7600...The way it is laid out on the preliminary plJt increases cost to $16,500. and extending service al) the way (as proposed )n Carr~eron's letter) raises cost in excess of $24,000. They'd like to sit down with the City and property owner to the east and discuss participation of the City an~ that property owner in handl.ing these extra costs and they would like to suggest ,. he petition City to asse~s his property for those costs. Robin believes that is the cheapest and best wa~ to serve that property with sewer and water. His client would be willing to burden her property'with the easement at no cost; but feels the property owner that would benefit by the. oversized sewer lines and oversized water lines and additional length should be willing to pay the $]6,000. extra cost. They are not asking City of Hound to do anything but cooperate with them in financing the extension to the property )ina. They are asking for preliminary plat approval with staff and developer being able to work out the ~ points. Same is true with the development contract. Robin stated he spoke to the abutting property ov~3er two years ago at which .time they had offerred to buy an easement; then their development plan was tabled. The Building Official stated both properties would benefit from the watermain being looped. Discussed extension of:services and variance discrepancies briefly. Weiland moved and Byrnes seconded a motion to recommend approval subject to the recommendation of staff as well as working out Item # 7 with staff and abutting property owner. Discussed the setback variance. Reese stated he feels we're sweeping under the rug this setback variance. The Planner clarified that this property is in the B-2 Zoning District; but because t~e use is R-q, those setback guidelines are being used. The vote was: Reese against; K. Smith abstained and al) others voted in favor. Hotion carried. The public hearing has been set for APril 23, 1985. PPLICATION FOR SUBDIVISION OF LAND / ?~F' ~: i'1 Sec. 22.03-a l'! 5 1985 :.! I VILLAGE OF MOUND /.-,-,. ,. ,.,...~,, ,. -.~-.! FEE $ ' ... ., ~.~ ~, , .-.~J 150.00 FEE OWNER ( , Lucy E. Hahn PLAT PARCEL Part of Lot 27, Lafayette Park, Mound, MN Location and complete legal description of property to be divided: per attachment Port Harrison Preliminary Plat for Lucy E. Hahn of part of Lot 27, Lafayette Park as proposed by Coffin and Gr'onberg, dated March 11, 1985 ZONING To be divided as follows: Lot 1, Lot 2, LOt 3, Lot.4, Lot 5 of Block I [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 fee.t TO Square feet o Reason: /~ · .. · .,"~ . Applicant's interest in the property: ~Z~:~ "~'~'; ~'--~'-~'~3F 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 ; f"~ a TY OF i ~TA OF MOUND ~)1 I I ? 'APT, Porl of Lot ;).5 I :i I I ' {2.511 Part of NORTH~ /g 3,5- J.t' J.V'-ld '011 'ON 'H 'V' '$/~' ~,.. LL Z._Iz >.. _ 13_E..uo~ l- O ..J NO09)'-i ~r 'V '3 I I ., , : · t ~ ~ ~ . · I . *et. 'H /9008~. '1 RESOLUTION NO. 85- PROPOSED RESOLUTION CASE NO. 85-415 RESOLUTION APPROVING PRELIMINARY PLAT OF PORT HARRISON Planning Commission File No.85-415 WHEREAS, the plat of Port Harrison has been submitted in the manner required for platting of land under City Code of Ordinances Chapter 22.00 and under 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and WHEREAS, said plat is in all respects consistent with the City of Mound plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Mound, Section 22.00; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: A. Preliminary Plat Approval Request #85-415, Port Harrison Plat is approved upon compliance with the following requirements: 1. Per Plat on file in the Clerk's Office dated March 11, 1985 and marked as Exhibit "A"and "B". e Furnishing subdividers performance bond in the amount of $30,375.00 to cover A. installation of sanitary sewer, B. Installation of watermain, C. Installation of storm sewer, D. Other site improvements and noting that the grading bond has already been supplied to the City which is 125% of the estimated construction costs of said improvements; all in conformance with City approved plans and specifications at the sole expense of the subdivider in conformance with Chapter 22.00 of the City Code; or if in lieu of the developer making said improvements, the City proceeds to install any or all of said improvements, under the provisions of Chapter 429 of the Minnesota Statutes, the above mentioned corporate surety bond shall quarantee payment in full by the developer of the costs of said improvements upon completion and assessment of the improvements. Granting a waiver of the public hearing as the Conditional Use Permit hearing was heard before the City Council September 25, 1984 and the preliminary plat was discussed at that time and the parcel being . less than 5 acres. J Establish ai'Subdivider's Escrow in the amount of $1,000.00 posted with the City Treasurer to cover engineering, legal, and administrative costs incurred by the City, and if the account should run deficient agree to submit additional amounts. Payment of Park Dedication in the amount of $1,650.00 required by platting ordinance section 22.37 (2); the amount is 10% of the $16,500.00 market value as determined by Hennepin County Appraiser. Approval of Title and Covenants, Restrictions, Association under the Townhouse plat provisions by the City Attorney. Signing of the Subdivision Contract establishing performance, and requiring that the date of completion of utilities and streets be set at a date not later than the first anticipated date of issuance of the first Certificate of Occupancy. If such certificate is RESOLUTION NO. 85- CASE NO. 85-415 RESOLUTION APPROVING PRELIMINARY PLAT OF PORT HARRISON Planning Commission File No.85-415 WHEREAS, the plat of Port Harrison has been submitted in the manner required for platting of land under City Code of Ordinances Chapter 22.00 and under 462 of the Minnesota Statutes and all proceedings have been duly had thereunder, and ~,~ ~ WHEREAS, said plat is in all respects consistent with the City of Mound plan and the regulations and requirements of the laws of the State of Minnesota and ordinances of the City of Mound, Section 22.00; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Mi nnesota: Preliminary Plat Approval Request #85-415, Port Harrison Plat is approved upon compliance with the following requirements: 1. Per Plat on file in the Clerk's Office dated March 11, 1985 and marked as Exhibit "A"and "B". 2. Furnishing subdividers performance bond in the amount of $30,375.00 to cover A. installation of sanitary sewer, B. Installation of watermain, C. Installation of storm sewer, D. Other site improvements and noting that the grading bond has already, been supplied to the City which is 125% of the estimated construction costs of said improvements; all in conformance with City approved plans and specifications at the sole expense of the subdivider in conformance with Chapter '22.00 of the City Code; or if in lieu of the developer making said improvements, the City proceeds to install any or all of said improvements, under the provisions of Chapter 429 of the Minnesota Statutes, the above mentioned corporate surety bond shall quarantee payment in full by the developer of the costs of said improvements upon completion and assessment of the improvements. 4. Establish a~-Subdivider's Escrow in the amount of $1,000.00 posted with the City Treasurer to cover engineering, legal, and administrative costs incurred by the City, and if the account should run deficient agree to submit additional amounts. 5. Payment of Park Dedication in the amount of $1,650.00 required by platting ordinance section 22.37 (2); the amount is 10~ of the $16,500.00 market value as determined by Hennepin County Appraiser. 6.Approval of Title and Covenants, Restrictions, Association under the Townhouse plat provisions by the City Attorney. e Signing of the Subdivision Contract establishing performance, and requiring that the date of completion of utilities and streets be set at a date not later than the first anticipated date of issuance of the first Certificate of Occupancy. If such certificate is IV'Id '011 · I .... ! : I .i. PORT HARRISON PLAT (2) P.C. File #85-415 anticipated to be issued during the winter months, construction must be completed by November 30th. In no event, shall the term of contract exceed one year, A drainage, grading, utility, and landscape plan(s) must be approved by the City Engineer and City Planner prior to the start of construction operations. Before the Certificate of Occupancy for any homes built in this subdivision are issued, an as-built survey certificate signed by a registered surveyor must be provided. This certificate will state that all property irons are at proper grade and that final lot locations and grades are in conformance to the drainage develop- ment plan approved by the City Engineer. and Minnehaha Creek Watershed District. 10. Furnish the city with copies of current approvals from Minnehaha Creek Watershed District, Health Department and the Minnesota Pollution Control Agency, etc. 11. That failure on the part of the petitioner to submit a final plat within one year from the date of this approval shall deem the pre- liminary approval to be null and void. CITY OF MOUND Mound, Minnesota Planning & Zoning Commisssion Agenda of April 8, 1985: Case No. 85-420 Board of Appeals Case No. 85-420 Location: 4798 Northern Rd. Legal Desc.: W. ½ of Lot 27, Sub. of Lots 1 & 32 Skarps and Lindquist's Ravenswood Request: Lot size, existing setback, zoning district. Zoning District: B-2 Applicant Kerry Earl Peterson 4798 Northern Road Mound, MN Mark Koegler will be f. orwarding, with my report, his comments to the proposal from a zoning aspect. My report will be confined to the applicant's request and the construction involved to meet the building code requirements. The applicant has an undersized lot of 3,308 sq. ft., side yard setbacks of 2.7 ft. and 0 ft., 8 ft. to 10 ft. front yard, and 38 ft. + lakeshore setback to his deck. It is located in the B-2 General Business zoning district which does not list residential as permitted. In 1979, the zoning district was R-2 single family residential. The applicant has a garage which he is proposing to relocate 4 ft. from the east lot line. He presently has a loft area in his home with 5'6" + ceiling height which he is proposing to raise to 8 foot height. Minimum height by code is 7'6" inhabitable room. There is no firewall between the house and the garage. He is willing to cOnvert the garage to a carport (open on two or more sides) thereby the code allows no firewall adjacent to a carport nor does it require a concrete or asphaltic floor. The floor is gravel at this time. The garage wall less than 3 ft. to the property line would require a one hour fire rating. He is proposing to relocate the east wall 4 ft. from the property line, thereby a wall in 4 ft. from the property line would not require fireproofing. The structure on the property was constructed in 1980. The applicant was previously denied a variance under Resolution 79-429, attached. The applicant has very limited use of the property with the neighboring house on the block in a similar situation. Several structures to the west are in the public right-of-way as the street widens to 40 ft. from 20 ft. at the west property line of Mr. Peterson's lot. I would recommend that these building code items be corrected. Abutting neighbors have been notified; David Parupsky, 5025 17th Ave..So., Minneapolis, MN 55417; Phi 1 lip & Eva Hasch, P.O. Box 525, Mound, MN 55364 an Bertrand JB/nh PLANNING COMMISSION MINUTES April 8, 1985 7. 'Case No. 85-420 Variance Request for 4798 Northern Road West 1/2 6f Lot 27, Subdivision of Lots'l and 32 Skarp & Lindquist's Ravenswood Kerry Paterson was present.. The Planner Mark Koegler reviewed his report on how applicant p~evioUsly, in 1979' was denied a variance for a garage, but constructede carport on the' property in spite of the City's action which was subsequently converted into a garage. The structure encroaches on t~e neighboring property. Mr. Paterson is again requesting- a variance; he is proposing to remove the exist.lng garage and relocate a carport within 5 feet of his eastern.lot line. He is also askln9 for a variance to add a second story to his 605 square.foot home. 'This property is zoned B-2 and there- fore ts a'lawful .nonconforming use. The Zoning Ordinance states that "alterations may be made to a building containing lawful non-conforming residential units when they will improve the ]ivability thereof, provided they will not increase the number of dwelling units or bulk of the building". The .Staff recommends the Planning Con~nission approve a variance for the carport, but deny the variance to exp~nd" the existing house. The Building Official Jan Bertrand commented on the building aspects; the struc- ture is a bit over the lot line and the applicant is willing to modify the building and pull it back 5 feet from the. lot line'with the zoning ordinance allowing 2 foot overhangs. The carpor~ again would have open wa)Is on 2 sides and'would have a setback from the front lot line of. approximately 8 to )l feet. Garage would require firewall to house and concrete or asphaltic floor. If a carport, ~irtually all requirements are eliminated. The' original request in 1979 was also for a deck and fence which were denied. Variance not required for deck/patio that is less than 8 inches from the ground. She also noted street width in front of Paterson's house is 20 feet and widens out to 40 feet to the west. Houses down the street are in the right-of-way. Phil Hasch asked about the zoning? all B-2 like Martin and Son's? The appropriate- ness of some of the zoning districts were discussed briefly. This area doesn't lend itself to commercial. It was suggested thls be discussed at a future work sass ion. Reese moved and Weiland seconded a motion to recommend approving the staff's recommendations to allow the carport. The vote was unanimously in favor. MotiOn carried. This will be on the City Council agendalfor April 23,:1985. 3030 Harbor Lane North, Suite 104 Minneapolis, Minnesota 55441 612/553-1950 TO: Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: April 2, 1985 SUBJECT: Variances - Carport and Home Expansion CASE NO: 85-420 VES FILE NO: 85-310-A18-Z0 APPLICANT: Kerry Peterson EXISTING ZONING: General Business (B-2) GOMPRPSFmSIVE PLAN: Commercial PROPOSAL: In 1979, Mr. Peterson applied for a variance to build a garage on his property. The variance was denied by the City. Despite the City's action, Mr. Peterson constructed a carport on the property which he subsequently converted into a garage. The garage structure encroaches on the neighboring property. Mr. Peterson's home is presently for sale. The City learned of the illegal garage construction when the building official was contacted by a prospective buyer of the property. As a result of that contact, Mr. Peterson is again requesting a variance. He pr .oposes to remove the existing garage structure and relocate a carport within 5 feet of his eastern lot line. Additionally, he is asking for a variance to add a second story to the home which presently contains 605 sq. ft. The addition would add approximately 255 sq. ft. of useable space. COMMENTS: The subject parcel is presently zoned B-2 which prohibits residential uses. As a result, the Peterson property is a lawful nonconforming use which is subject to the provisions of Section 23.404 of the zoning ordinance. Fram a planning perspective, the key element in this case is the nonconforming status. Zoning ordinances establish nonconforming.uses which are intended to either be eventually brought into conformance or removed and replaced by permitted uses. Since the Peterson property is zoned B-2, the ultimate intent of the zoning ordinance is for the subject property and the surrounding parcels to become business uses rather than residential uses. Therefore, the Mound Zoning Ordinance severely limits alteration or expansion /~ of the existinG use. Planning Commission and Staff Pa~e Two April 2, 1985 The zoninG ordinance states that "alterations may be made to a building containing lawful non-conforming residential units when they will improve the liveability thereof, provided they will not increase the number of dwelling units or bulk of the building." This statement c~n be applied to both the carport variance and the home expansion variance. It seems reasonable to argue that the carport, which by definition is open on at least two sides, improves the liveability of the parcel but technically does not increase the bulk of the residential unit. Expansion of the house, however, directly increases the bulk of the building which is contrary to the provisions of the above ordinance. If one accepts the argument that the carport does not expand the bulk of the residential unit, the merits of the setback variance itself must be examined. Northern Avenue is a narrow street with several detached garaoes located approximately 1 foot to 8 feet from the right-of-way line. Due to the fact that existing garages establish a pattern of encroachment on the front yard setback and that the street serves only 4 or 5 houses before it becomes a dead end, Mr. Peterson's variance for the installation of the carport seems consistent with the use of the surrounding properties and not injurious to the public health, safety and welfare. Therefore, it seems reasonable to approve the variance fOr the carport. RECOMMENDATION: Staff recommends that the Planning Commission approve the variance for the carport but deny the variance to expand the existing house. The carport will improve, the liveability of the house without increasing the bulk of the residential 6nit. The expansion of the home would increase the bulk of the building which is prohibited by the ordinance. --'- '; '!'.~ il CITY OF-HOUND '" ,': ii !1 "'~I~I~/1CATION TO PLANNING & ZONING COMMISSION ~"~~?-(Pllease type the following information) Street Add rely Legal Description of Property: Lot ~S~ ~ a~l*T~Tm~ ~o~ Ill'Block PID No. Day Phone No. Case No. Fee Paid ~'O. Date Filed ?~/~/,~2~'~' 4. Applicant (if other than owner): Name Day Phone No. Address .5. Type of Request: (~x~) Variance ( ) Conditional Use Permit ( ) Zoning Interpretation & Review ( ) Wetland Permit ( ) P.U.D. ( ) Amendment ( ) Sign Permit ( )*Other *If other, specify: Present Zoning District 8. Has an application ever been made for zoning, variance, or conditional use permit or other zoning procedure for this property? ~ If so, list date(s) of list date(s) of application, action taken add provide Resolution No.(s) Cop~s o¢ previous-resolut'i~lns shall accompany present request'· ~(~~~~-'t- I certify that all of the above statements and the statements contained in any required papers or plans to be submitted herewith are true and accurate· I consent to the entry in or upon the premises described in this application by any authorized official of the City of Mound for. the purpose of inspecting, or of posting, maintaining and removing such notice's as may be required by laW.of/~ Cp~ Date .Signature Applicant . ~ /~ ?'_ Planning Commission Recommen/d~ion: To approve the staff's recommendation to allow the carport. 4-8-85 Date Council Action: ResolutiOn No. Date 4-23-8~ 'Re'quest for Zonin9 Variance Procedure '(2) D. Location of: Signs, easements, underground utilities, etc. E. Indicate North compass dlrect~on F. Any additional information as may reasonably be required by the .City Staff and applicable Sections of the Zoning Ordinance. Ill. Request for a Zoning Variance A. All information below, a site plan, 'as described in Part II, and general application must be provided before a hearing will be scheduled. B. Does the present use of the property conform to all use regulations for the zone district in .which it is located? Yes ( ) No (~) If "no", specify each non-conforming use: C. Do the existing structures comply with all area~height ~nd bulk regulatqons 'for the zone district in which it is located? Yes ( ) No ~) If "no", specify each non-conforming use: D, ~hich unique physical choracteristics of ~he subject property prevent its reosonoble use for any of the u~es permitted in that zoning dis:tic:? (~ Too narrow ( ) Topography ( ) Soil : Too. small ( ) Drainage ( ) Sub-surface Too shallow ( ) Shape ( ) Other: Specify: Was the hardship described above created by the action of anyone having property interests in the land after the Zoning Ordinance was adopted? Yes ( ) No ~..~) If yes, explain: F. Was the hardship created by any other man-made change, such as the reloca- tion of a road? Yes ( ) No (~ If yes, explain: G. Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes ( ) No (~) .I.f no, how many other properties are similarly affected? H.' What is the "minimum" modification (variance) from the area-bulk regulations that will-permit you to make reasonable use of your land? (Specify, using maps, site plans with dimensi~ls and~ri~te~ e~pl~_ga~ion. Attach additional sheets, if necessary.) l I. Will granting of the variance be materially detrimental to property in the same zone, ac to the enforcement of this ordinance? ' ' N Cert~ifica~e of Survey for £er~y E. Peterson in Lot 27, Subdivision of Lo~s 1 .and 32, Skarp ~md 4indquis%'s .P~,vem~oocl He~nepin County, Nianeeeta I hereby certify th~.t this ia a .true and correct re pre eemtat~ on of a sur- re,jr. Of the ~ourr~ax-les of ~me West half of Lo~ 27, Subdivision of 4ors 1 and 32, Skarp amd 4indq~List's Ravens- ~ood, and %he location oF all exist- ing buildings, if any, thereon. It does not purport to show other im- provement~ or encroachments. 1" = 20' 8-14-79 lron ~rker Gordoa ~. Coffin P~g. ~. 6064 kirin ~. Kehd~c Reg. ~o.13295 ~ S~eyors a~ PI~ ~n~ l~ke, MA~)eso~ -I I '.1 4 0 $ Councilmember WJthhart moved 't'h~-f~'l'15gih'g--r6SO1ut'ion, RESOLUTION NO, 79 - 429 RESOLUTION TO CONCUR WITH THE RECOMMENDATION OF THE PLANNING COMMISSION TO DENY THE NON-CONFORM- ING USE WHEREAS, Kerry Peterson of 4798 Northern Road has applied for a non-conforming use variance of a 18.5 foot street front and a 4.2 foot East side yard variance plus a 12 ft lake front variance on an undersized lot of 2,697 ft. on property zoned A-2 requiring 6,000 sq. ft. and WHEREAS, said variance would allow hlm to build an attached garage, deck and fenc- Ing, and ... ' WHEREAS, Planning Commission and Bldg. Inspector.have both indicated this'would be eRtenslve variances for the general area that'has'yery little continunity ':to ordinances or possibilities of conforming to proposed setback requ;re- ment~. NOW, THEREFORE, BE IT RESOLVED. BY.THE'CITY COUNCIL OF THE CITY OF MOUND,' MOUND, MINNESOTA: That Council does hereby concur with the recommendat'ion of the Planning Commission and.DENIES the request for a Non-Conforming Use for property descrlbed as: West 1/2'of Lot 27, subd. of L~ts:,l.&' 32, Skarp & Lindquist Ravenswood, ~lat 62150 parcel 3220 " PID '# 18-~17-23 33 0026. A motion for the adoption bf the foregoing resolution was duly seconded by Councilmember Swenson and upon vote being taken thereon, the .following voted in. favor thereof; LbYaasen, Polston, Swenson and Withhart, the following voted against the same; hone, with Ulrick being absent, whereupon said resolution was declared passed and adopted, signed by the Mayor and his signature attested by the City Clerk. s/Tim. Lovaasen Mayor MC City Clerk DR. DAVID P. PARUPSKY OPTOMETRIST WAYZATA, MINNESOTA 55391 DR. DAVID P. PARUPSKY OPTOMETRIST WAYZATA, M I N N ESOTA 55391 471-7754 PROPOSED RESOLUTION CASE NO. 85-420 RESOLUTION NO. 85- RE~OLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION TO APPROVE A VARIANCE OF LOT SIZE, SETBACK, AND TO RECOGNIZE A NONCONFORMING USE OF PROPERTY AT 4798 NORTHERN ROAD, WEST 1/2 · OF LOT 27, SUBDIVISION OF LOTS 1 AND 32 SKARP AND LINDQUIST'S RAVENSWOOD PID # 18-117-23 33 0026 WHEREAS, Kerry Earl Peterson, the owner of'property described as the West i/2 of Lot 27, Subd. Lots 1 and 32 Skarp and Lindquist's Ravenswood, PID # 18-117-23 33 0026, has applied for variances to construct a garage/ carport, fence,, deck and a second story addition; and WHEREAS, the existing structure is 2.7 feet to the West property line, the lot size is 3,308 square feet with a 30 foot lot width, and the residential 'structure is in a B-2 General Business District; and WHEREAS, the City Code requires a 20,000 square foot lot area in the B-2 Zoning District, residential uses are not permitted in the district, the structure has non-conforming setbacks; and .;..~?WHEREAS, the Planning Commission has reviewed the request and does recommend granting a variance to allow a deck not to extend above the first floor and setback of 0 feet, privacy fence at the west side property line extending from the house to within 8 feet of the front property line, and does not recom- mend the second story addition', nor allow the enclosure of the roofed area (car- port only) 9 to l0 feet from the front property line and 5 feet from the east property line. NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of Mound~ Minnesota, does hereby approve a variance request to construct a carport (open on two or more sides) located 8 feet to l0 feet from the front property line and 5 feet from the west property line, allow the deck 0 feet to'the west property line not to extend above the first floor elevation of the structure, within 38 feet+ from lakeshore, allow the privacy fence enclosure along the west property line from the structure to within 8 feet of the front property line, and shown on Exhibit "A" and "B". PROPOSED R£SOLUTION CASE NO. 85-420 RESOLUTION NO, 85- RE~OLUTION TO CONCUR WITH THE PLANNING COMMISS. ION RECOMMENDATION TO APPROVE A VARIANCE OF LOT SIZE, SETBACK, AND TO RECOGNIZE A NONCONFORMING USE OF PROPERTY AT 4798 NORTHERN ROAD, WEST 1/2 OF LOT 27, SUBDIVISION OF LOTS 1 AND 32 SKARP AND LINDQUIST'S RAVENSWOOD PID # 18-117-23 33 0026 WHEREAS, Kerry Earl Peterson, the owner of'property described as the West )/2 of Lot 27, Subd. Lots 1 and 32 Skarp and Lindquist's Ravenswood, PID # 18-117-23 33 OO26, has applied for variances to construct a garage/ carport, fence,, deck and a second story addition; and WHEREAS, the existing structure is 2.7 feet to the West property line, the )or size is 3,308 square feet with a 30 foot lot width, and the residential 'structure is in a B-2 General Business District; and WHEREAS, the City Code requires a 20,000 square foot lot area in the B-2 Zoning District, residential uses are not permitted in the district, the structure has non-conforming setbacks; and .~.~WHEREAS, the Planning'Commission has reviewed the request and does recommend granting a variance to allow a deck not to extend above the first floor and Setback of 0 feet, privacy fence at the west side property line extending from the house'to within 8 feet of the front property line, and does not recom- mend the second story addition', nor allow the enclosure of the roofed area (car- port only) 9 to 10 feet from the front property line and 5 feet from the east property line. NOW, THEREFORE, BE IT RESOLVED. that the City Council of the City of Mound, Minnesota, does hereby approve a variance request to construct a carport (open on two or more sides) )ocated~'~feet to lO feet from the front property llne and 5 feet from the.)~-~ property line, allow the deck O feet to'the west property line not to extend above the first floor'elevation of the s'tructure, within 38 feet+ from lakeshore, allow the privacy fence enclosure along the west property line from the structure to within 8 feet of the front property line, and shown on Exhibit "A" and "B". I NO. 85-420 I !' I-. CASE NO. 85-421{3 k. 3030 Harbor Lane North, Suite 104 Minneapolis, Minnesota 55441 612/553.1950 TO: Planning Commission and Staff FROM: Mark Koegler, City Planner ~ DATE: April 2, 1985 SUBJ: Subdivision Request,'.~ussman Investment Company Mr. Bud Schlee of Hussman Investment Company has submitted a subdivision request as a follow up to his conditional use permit approval for eight townhouses along Eden Road. Approval of the proposed division in accordance with the proposed descriptions is recommended subject to the following conditions: The requirement of a public hearing is waived due to the lack of opposition at the previous public hearing for the conditional use permit. A performance bond in a the amount of $4,500 shall be secured to guarantee the installation of approved landscaping. Park charges shall be collected as per ordinance..¢~Z. ~_~ ~O Staff will monitor the existing escrow account and should the account become deficient, the applicant shall provide additional funds as requested bytheCity. All applicable coven~nts, bylaws and similar devices shall be subject to review and approval by the City Attorney. PLANNING COMMISSION MINUTES April 8, 1985 Case No. 85-421 Request for Waiver of Public Hearing on Subdivision for Town- houses in"~l~-'5'200 Block of Eden Road. Lots 21, 22, 23 and 24, Block 2, Shlrley Hills Unit F. Eugene G. Sch]ee was present. The Planner Mark Koegler reviewed his report recommending the approval of the proposed division in accordance with the. proposed descriptions subject to the following conditions: 1. The requirement of a public hearing is walved due to the lack of opposition at the previous public hearing for the conditional use permit. 2, A performance bond in the amqunt of $4,500 sha]l be secured to guarantee the installation Of approved landscaping. 3. Park dedication' charge~ shall be col]acted per ordinance. The amount is established at $2,560. or $320. per unit. 4. The staff will monitor the existing escrow account and should the account become deficient, the applicant shall provide additional funds as requested by the City.. .. 5. All.applicable covenants, bylaws and similar devices shall be subject to review and approva] by the City Attorney. The Building Official Jan Bertrand asked that Item 6 be added: A copy of as-built surveys be submitted before transfer of ownership. Byrnes moved and Michael seconded a motion to accept the subdivision with the recommendations of staff including Item 6. The vote was unanimously in favor. Motion carried. This will be on the City Council Agenda for April 23, i~85. APPLICATION FOR SUBDIVISION OF Sec. 22.03-a "~'~"~~~F..-OF MOUND ~".t, ~, I i ~ · , FEE OWNER [.~ ~ '/ 2:' ;.~ ~ '~ ~,. ,' r:" . ! PLAT LAND FEE $ PARCEL Location and complete legal description of property to be divided: To be divided as follows: {attach survey or scale drawing showing adjacent streets, dimension of proposed building sites, square foot area of each new parcel designated by number) A WAIVER IN LOT SIZE IS REQUESTED FOR: New Lot No. From Square feet TO Square feet Reason: APPLICANT ADDRESS Applicant'sinterestintheprope~y: (signa{ure) TEL. NO, DATE -,.22 c' o 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: TO accept the subdivi si on wi th the recommendation's of the Staff including Item 6. DATE ~1-8-85 J~:~/~,/ : 0 ° -- 0 U 0 ~ 0 0 ~ ~-t~ :.:'2 I :;3' Al~,.7, l-_.J ,I p =--'~'q ""n~ 3J,.VH D= ........ // N300 3~1HS91~ .. I , 1.. J PROPOSED RESOLUTION CASE NO. 85-421 RESOLUTION NO. 85- RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION AND APPROVE THE FINAL SUBDIVISION OF LAND FOR LOTS '2T, 22,23,24, BLOCK 2, 1/2 OF VACATED ALLEY, SHIRLEY HILLS UNIT F, PID# 12-117-24-34 0034/0035/0036/0037 (5200 BLOCK OF EDEN ROAD) WHEREAS, an application to waive the subdivision requlrements for platting& public hearing contained in Section 22.00 of the City Code has been filed with the City of Mound, by EOgene G. Schlee; and WHEREAS, said request for a waiver has been reviewed by the Planning CommisSion and the City Council; and WHEREAS, it is hereby determined that there are special circumstances affecting said property such that the strict application of the ordinance would deprive the applicant of the reasonable use of his land; and that the waiver is necessary for the preservation and enjoyment of a substantial property right; and that granting the waiver will not be detrimental to the public welfare or injurious to the other property owners· NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: A. The final subdivision.approval is granted upon compliance with the following: The aforementioned described property will be divided as shown on Exhibit "A" in the following manner: a. Lot 24, except the East 32.67 feet thereof, Block 2, and that part of the East half of the adjoining vacated alley lying between the extensions across it of the Northerly and Southerly lines of said Lot 24, Shirley Hills Unit F, files of Registrar of Titles, County of Hennepin. b. The East 32.67 feet of Lot 24, Block 2, Shirley Hills Unit F. c. The West 32.67 feet of Lot 23, Block 2, Shirley Hills Unit F. d. Lot 23 except the West 32.67 feet thereof, Blcok 2, Shirley Hills Unit F. e. Lot 22 Except the East 32.67 feet thereof, Block 2, Shirley Hills Unit F. f. The East 32.67 feet of Lot 22, Block 2, Shirley Hills Unit F. g. The West 32.67 feet'of Lot 21, Block 2, Shirl. ey Hills Unit F. h. Lot 21, except the West 32.67 feet thereof, Block 2, Shirley Hills Unit F. 2. The request of~,~- ~-~_A~ u .... ,~-~.v. _~ waiver from the plat and public hearing provisions of Section 22.00 of the City Code is granted. 3. Furnish a subdividers performance bond in the amount of $4,500 secure'd to guarantee the installation of approved landscaping. 4. Staff will monitor the existing escrow account and should the account become deficient to cover administratlv~, engineering and legal fees- the (2)~ P.C. File #85-421 applicant shall provide additional funds as requested by the City. 5. Payment of Park Dedication in the amount of $2,560.00 required by platting ordinance section 22.37 (2); the amount is 10~; of the $25,600.00 market value as determlned by Hennepin County Appraiser. 6, All applicableS'covenants, bylaws and similar devices shall be subject to review and approval by the City Attorney.'.~,.:'~ 7, Before the Certificate of Occupancy for any homes built in this subdivision are issued, an as-built survey certificate signed by a registered surveyor must be provided. This certificate will state that all property irons are at proper ~rade and that final lot locations and grades are in conformance to the drainage development plan approved by the City Engineer. The City Clerk is authorized to deliver a certified copy of this resolution to the applicant for filing in the office of the Register of Deeds or the Registrar of Titles of Hennepin County to show compliance with the subdivision regulations of this City. This subdivision is to be filed and recorded within 180 days of the adoption date of this resolution. PROPOSED RESOLUTION CASE NO. 85-421 RESOLUTION NO. 85- RESOLUTION TO CONCUR WITH THE PLANNING COMMISSION RECOMMENDATION AND APPROVE THE FINAL SUBDIVISION OF LAND FOR LOTS 21,22,23,24, BLOCK 2, 1/2 OF VACATED ALLEY, SHIRLEY HILLS UNIT F, PID# 1~-117-24-34 0034/0035/0036/0037 (5200 BLOCK OF EDEN ROAD) WHEREAS, an appllcation to waive the subdivision requirements for platting& public hearing contained in Section 22.00 of the City Code has been filed with the City of Mound, by EOgene G. Schlee; and WHEREAS, said request for a waiver has been reviewed by the Planning CommisSion and the City Council; and WHEREAS, it is hereby determined that there are special circumstances affecting said property such that the strict application of the ordinance would deprive the applicant of the reasonable use of his land; and that the waiver is necessary for the preservation and enjoyment of a substantial property right; and that granting the waiver will not be detrimental to the public welfare or injurious to the other property owners. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota: A. The final subdivision approval is granted upon compliance with the following: The aforementioned described property will be divided as shown on Exhibit "A" in the following manner: a. Lot 24, except the East 32.67 feet thereof, Block 2, and that part of the East half of the adjoining vacated alley lying between the extensions across it of the Northerly and Southerly lines of said Lot 24, Shirley Hills Unit F, files of Registrar of Titles, County of Hennepin. b. The East 32.67 feet of Lot 24, Block 2, Shirley Hills Unit F. c. The West 32.67 feet of Lot 23, Block 2, Shirley Hills Unit F. d. Lot 23 except the West 32.67 feet thereof, Blcok 2, Shirley Hills Unit F. e. Lot 22 Except the East 32.67 feet thereof, Block 2, Shirley Hills Unit F. f. The East 32.67 feet of Lot 22, Block 2, Shirley Hills Unit F. g. The West 32.67 feet'of Lot 21, Block 2, Shirl,ey Hills Unit F. h. Lot 21, except the West 32.67 feet thereof, Block 2, Shirley Hills Unit F. The request of the City of Mound for a waiver from the plat and public hearing provisions of Section 22.00 of the City Code is granted. 3. Furnish a subdividers performance bond in the amount of $4,500 secured to guarantee the installation of approved landscaping. 4. Staff will monitor the existing escrow account and should the account become deficient to cover administrat|v~, engineering and legal fees' the (2)~ P.C. File #85-421 Se applicant shall proyide additional funds as requested by the City. Payment of Park Dedication in the amount of $2,560.00 required by platting ordinance section 22.37 (2); the amount is 10% of the $25,600.00 market value as determined by Hennepin County Appraiser. All applicable covenants, bylaws and similar devices shall be subject to review and approval by the City Attorney. i.~.~-~ Before the Certificate of Occupancy for any homes built in this subdivision are issued, an as-built survey certificate signed by a registered surveyor must be provided. This certificate will state that all property irons are at proper ~rade and that final lot locations and grades are in conformance to the drainage development plan approved by the City Engineer. The City Clerk is authorized to deliver a certified copy of this resolution to the applicant for filing in the office of the Register of Deeds or the Registrar of Titles of Hennepin County to show compliance with the subdivision regulations of this City. This subdivision is to be filed and recorded within 180 days of the adoption date of this resolution. 3 April, 1985 1546 Bluebird Lane Mound, ~ 55364 City of Mound Parks Board 5341Maywood Road Mound, MN 55364 Dear Parks Board Members: My family recently purchased and moved into a newly-built house adjoining the commons area at the North end of Bluebird Lane. Our home is on the East side of the street. We have hoped to be able to build a dock on the commons along our pr6perty, along with a staircase leading down the bank to our dock. k~ile we currently own only a canoe, we have intended to purchase a small boat which we would like to dock near our house. However, in discussing this possibility with the Mound Dock Inspector, he mentioned that we would require permission from the Parks Board to build a dock and staircase along our property, since Woodland Point currently has the maximum 'number of permitted docks. We are therefore petitioning the Parks Board for the required.variance. It is our intention to build a single straight dock off the bank from the commons adjoining our property, and a staircase down the bank leading to the dock. Both the dock and staircase will be built in accordance with all existing regulations, and will be of sound workmanship and good appearance. We have submitted an application for a Dock Permit along with this letter, and would appreciate your consideration of our request for permission to put in a dock and staircase along the commons adjoining our property. Sincerely, David C. Kunz APPLICATICN FOR VARIANCE '. CITY OF MOUhrD TELEPHO~ NUMBER k~ 7 7_. - ! ~ O & SHORELENE ORTTERIA ...... 7~//~2~-- ,4 DOCK NUMBER AB~T~m PROPSRTY OWNER VARIANCE RF. QUESTED:. '~ N.'C. U. ~* Or ' ~ ~ OTI~R (describe) ADDITION DOCK SPACING ~ON-ASOTT:~O modESTY o~m ~ NOTE: 1. Att~ch.$ msp 'showing loc~tion of dock. 2;' Attsch letters from ~djoinin9 docks effected mhd owners showin9 ~ttitude tO~mrd request. -'rF ~:/'~t, ~" ',~'~.'~ ~,~ '. . ...'Zc, ~ ~--/~'~ VARIANCES 'ARE NOT TRANSFEP&BLE S ign~tur_j . PARK CCMMISSION RECOmmenDATION 'i DATE COUNCIL ACTION RES ~JT ION NO. DATE *non-conforming use lop/ .J 1985 SEAL COAT BID TABULATION - 4-19-85 Allied Blacktop Co. 10503 89th Ave. North Maple Grove, MN. 55369 Buffalo Bituminous Buffalo, MN. 55313 Preferred Paving, Inc. 24 South Olive Waconia, MN. 55387 Minnesota Roadways Box 279 Chanhassen, MN. 55316 Bituminous Roadways 2825 Cedar Avenue South Minneapolis, MN. 55407 $30,180. $31,875. $33,O75. $33,300. $36,165. CITY of MOUND 5341 MAYWOOD ROAD MOUND. MINNESOTA 55364 (612) 472-1155 March 14, 1985 TO: Jori Elam FROM: Water & Sewer Supt, SUBJECT: Water & Sewer Services I would like the City to accept these recommendations as City Ordinances. Each single family dwelling and each unit in a duplex, twin home, double bungalow and townhouse will have {ts own 1" water service tapped directly to the main. If there is an existing 3/4" service to the lot that may be used for 1 unit only. Any future water services tapped to the city water main will be I" minimum is size. A 1" minimum water service for commercial building with less than 1,500 sq. ft. of floor area. Any building with 1,500 sq. ft. or more of floor will be required to have a minimum of 1½'? water service. Each single family and each unit in a duplex, twin home, double bungalow and townhouse will have its own 4:' minimum sewer line connected to a 4" minimum stub that is connected to the city's truck line. 4. Water shut off and sewer cleanouts will not be located in driveways. Respectfully, Water & Sewer Supt. GS/jcn April 18, 1985 NEW LICENSE APPLICATION Off-Sale Beer (Non-Intoxicating Malt Liquor) Stevens Market LICENSE RENEWAL -- Expired Feb. 28, 1985. Gambling Northwest Tonka Lions To be extended to June 1, 1985 as other Gambling Licenses were. LICENSE RENEWAL -- Expired March 31, 1985. Tree Removal Lutz Tree Service New license period 4-1-85 to 3-31-86 LICENSE RENEWALS -- All expire April 30, 1985. Bowling Mound Lanes - 8 Alleys Pool'Table Captain Billy's - 2 Tables VFW #5113 - 1 Table Juke Box American Legion #398 - 1 Donnies on the Lake - ! VFW #5113 - 1 Games of Skill A1 & Alma's - 1 Captain Billy's - 2 Donnies on the Lake - 3 PDQ - 2 Restaurant A1 & Alma's American Legion #398 Captain Billy's Donnies on the Lake Hardee's House of Moy Martin & Son Boat Rental Mound Lanes Pizza Factory VFW #5113 New license period 5-1-85 to 4-30-86 BILLS APRIL 23, .1985 Computer run dated 4/16/85---Batch 854037 Computer run dated 4/18/85---Batch 854041 ,, ,, " Batch 854042 TOTAL BILLS 38,430.27 65,374.50 18,904.25 122,709.02 ,0 Z .--I N N Z ~') 5" I Z I I ,.,.,~ C3 CS ,.,.-~ 0000 0 I-.- (/I I~] Ld ;CZ ,d--I Ldw r-,o 0 U Z Z W U Z~ I mia. I.- ~.- I N w U Jjj~'jjJjjJ Z & bJ h- N U U Z U W m b. c~ W W U WI,IWW N I I.j U L~ T W Z ,7_, U y I ,..J J "2 I ~C N N W 0 Z hi 0 ILl )., I'1 ,,,< Z 4: ~ I ~-~ Ill Iii III ZZZZ C: Z U(/) I,- U I-- Z I I I I I / I 0 O0 0 0 C~ 0 I I I / I I I C3 r~d r~d C) 9-- ~"' I I I I I I I Z (~ L~J Z Ill'llllll' Iiiiiiiii Z U. i.t n~ 0 CITY OF MOUND MOUND', MINNESOTA BID SPECIFICATIONS FOR CITY WIDE TRASH PICKUP The successful bidder must provide written proof that the debris picked up in the City Wide Trash Pickup has been deposited, in its entirety, in a City approved landfill. WHERE WILL DEBRIS BE DEPOSITED? /~z~C/J V[/~' ~/l~.'h)~F[/-~ Name of Landfill ~ddress of Landfill The successful bidder must furnish liability of not less than $200,000 for each individual, $600,000 for each occurrence, and against liability for property damage of not less than $50,000 for each occurrence. Total amount bid, including dumping charges. ~'i~nature Leaf Bi~der ress of Bidder Date (5) Garage sale s]~ns will be permitted in conjunction with the sale of household Goods and materials from private residences. Such signs shall be exempt fr°m permits and fees but shall be subject to the following: (a) Signs shall not exceed four (4) sc~are feet in area. (b) The name and telephone number of the party responsible for?; 'the sale shall be Clearly marked on the si~n (c) No signs shall be placed within the public way~'nor ~halIi~:!'. they be attached to any' telephone poles or light standards.¥~k (d) Directional off premise .Garage sale signs can be placed private property providing that the property owners consent is obtained prior to the placement of such signs. (e) The use of garage sale signs shall be limited to five occasions per calendar Year per residence. (f) Boutlc~ues', craft cai. es and other sales events hand-crafted merchandise shall be subject to all garage sale signage provisions. (g) Garage' sale signs shall be limited to five (5) days per occurrence. (6) Seasonal Signs - Seasonal signs of a temporary or portable/ nature may be used in the non-residential dist. r~cts to promote or advertise on-premise seasonal services or merchandise. Such' signs shall be limited to a maximum of thirty-two (32) feet and shall not be left in place for more than a two (2) month period. Permits and fees shall be required for all seasonal signs,'and permits may be issued no more than two times per calendar year per business. Except as may be specifically authorized by this section and Su~. 3.09(6), portable signs are prohibited. ;% portable sign used for the ourpose of directing the public may be permitted under the followi~; condi t ions: · (a) Said sign is coincidental to, or used in conjuction with governmental unit or crdasl-public function: and 3.11 3.12 3.13 3.14 CITY OF MOUND MOUND, MINNESOTA BID SPECIFICATIONS FOR CITY WIDE TRASH PICKUP The successful bidder must provide written proof that the debris picked up in the City Wide Trash Pickup has been deposited, in its entirety, in a City approved landfill. WHERE WILL DEBRIS BE DEPOSITED?- ddress of Landfill The successful bidder must furnish liability of not less than $200,000 for each individual, $600,000 for each occurrence, and against liability for property damage of not less than $50,000 for each occurrence. Date Si gnature-o:l: ~der Address of Bidder Continental tries againto ncreas its telephOne By ~thony ~Hd~''~'-~<-~'*,~: '- ~"-~:? ". Yor ~ng ~¢e~ld' lon~ce~t continental e ep one asan cov r,, conuaned" · ~ked for. hi~er,.rat~ for i~ 89,000. men~ and to cover 1o~ ~om m~y e~rban and ~ C~o~em. ren~'oLphone e~utpme~t S~te regulatom' had ~ro~ out a tomembuy ~etr November rate :increase request, on' atechnicality.. ~ ~' ~ :' - ' ' In a fllin~ Frid~y before the Minne- sota Public Utilities' CommLsslon (PUC), Continental, Whose rates are the highest of any of the state's regu-- lated phone companies, asked the PUC for an additional $7.3 million, .essentially the same reque~ It made in November. Continental, which has a low number', of- ~ustomers on-its lines, in the past has been ordered to' upgrade its ser~,ic~/, thus increasing' its costs.~' '--: ~' . (: :--'? ~': If granted its iull ,ri~quest, the compa-. ny's Mound custmhers (Continental's largest exchange) would see their' phone bills increase 29 percent to · $31.50 a month, .up from $114,45. The company's busin'ess customers' bills . would tacrei~se 27 percent to $69.70, . up from a cUrreht rate of $54.95. - , · "Our reasons for making'this request are the same as those' that prompted' OUr NoV; 30 filing,", said Claade De, 'Santo,: new' President of .Continental. "The most stgrflficant .of those rea- sons is the loss that we're experienc-, tag in (tong-distance) revenues." ' ~ ; IAke. other independent telephone`· : companies,' .Continental 'is losing. .~ money/paid :by Northwestern Bell~ In addttion,'Continental ask. ed pe~--t.. mission to charge /-ates~that woul.d,~j give tls common stockholders a 16.5~., perce/tt return ~on *t herr 'inve~tment;~ _uP from a currently· authorized, r~-..,~.. _.. turn Of 1433 percent. In.its last ra~ao decisiOn in March 1984, PUC missioner Harry Crump called 16.75 percent request "entirely to~ ~ high considering today's economi~a~! climate, · In that case, thi 'pUC aWarded th~, compan~y $i',~millloa In; addition~L.ia revenues from. l,ts c~sto, me~_./:It .ha~' requested $7.2 million. --~ - ~ - If the PUC aciePts the filing, In months Continental s customers will Increase while the.case is bei~s! heard. Under the interim rates, Co~-~ tinental would' increase Mound ,.chan§e rate~ t/) $16.80 '{~ month ~o~; reside~fial customers, and $5~.55 month, for its business custome.rs..;~! The higher rates .are' meant ,to l~-.~ crease th~ company's revenues b¥:,~ the reqflesL ~'"-~ ;~ ' j,. ~ .~- . . -,:..; :;C -~ ~'-.-'*,~ '~, ~Jf~-' ;-If' ;:~' '~ ~ '-Strategic Plann,ng Fortifies Localities with~J duough vroom means m lu~*p their bt- ~~m~f~,~ e~. ~~~U.S.~ s~t ~m ~e co~ra~ ~~ assess their strenlths and weaknesses c~ fi~, 10 ~ !~ y~ ~. ~ a ~ ~ ~ W~, D.C. ~~U.S.~o~ plnnninS ~ ~. Je~yH,~,~'s~ ~ci~u ~ "W~ b ~y ~ ~ ~~of~~ ~ing pro~d in the nn~on'~ J~! P. ~, w~ ~ ~ ~ ~eir ~fi~." MunicipM fore--m, for ~ lm ~ y~. But F6~. w~ ~ ~n involv~ ~ heads the ~co~6ng fi~'s public ~tor u~ ~ ~ ~ c~. ~u~~ ~w ~of~- ~of~ S~i~~ ~ ~ May~ ~ ~ ~ future and determining how cxternil forces w~l ~ evems; · ,elet~M key issoe~ which am no, o,,Jy importam fix tbe Iocnlit~'s future, b~t are feasible: · setting a nM4iou sta~rnent or broad geeh dtq~dopment ® completing exu~nl and in.-rnnl annlyst~ wh~h look at oot~i~e fotcu (ie.. eco- non~ t~nds) and inm:'~al fo[~e~ (ie. gov- ernmental processes~ and identify sU~ngthl and weakneues .-f the IocaJit~ in · developin8 spek~¢ g~s..oje~tives and st~alag~es with t~n~J~les for achievement that n~ ~nvolved agree +o, · developing an imp[emt~tation plan; and · derek)in; a monitoring plan thax allows the strategic effort to be updated and "scan over the horizon." Ma:dxalling n~ only b~tsin~ss and mumcil~ ~ovemment leadt~, but also ptmcipanu academic, slate le~slative and cornmumt~ ~rp,,!?-~ tin:les b a taus:, according to offichJs at thc coflfcrenca. The strategic plan model can work on an), level of ~ovtrmnant. and be shaped to rne~ almost any ~t of local need~. In Wiflds~. C~m., a tow~ of 35.0~0 people. ~ together a wide range of participants in its Windsor 2000 Comn~it:ee. The comn~t~e. ~ th~ help and data provi~d not only municipal employees, but also Yale U~- MINUTES OF THE REGULAR MEETING OF THE BOARD OF MANAGERS OF THE MINNEHAHA CREEK WATERSHED DISTRICT March 21, 1985 The regular meeting of the Board of Managers of the Minnehaha Creek Watershed District was called to order by Chairman Cochran at 7:30 p.m., on Thursday, March 21, 1985, at the St. Louis Park City Hall, St. Louis Park, Minnesota. Managers present: Cochran, Lehman, Miller Manager absent: Andre, McWethy, Spensley, and Thomas Also present were Board advisors Panzer, Mahady and Richards. Absence of Quorum Chairman Cochran noted that a quorum was not present. He informed all present that the meeting would be conducted as an informational meeting, and in the event a quorum is never obtained during the course of the informational meeting, the Managers would consider rescheduling a special meeting in order for the Board to conduct its currently pending business. Introduction of Managers Chairman Cochran introduced newly appointed Manager Richard R. Miller, from Edina, Minnesota. Mr. Cochran welcomed Mr. Miller and noted that the Oath of Office would be administered to him at the first opportunity of an official meeting of the Board. Chairman Cochran also announced that Manager Lehman had been reappointed for another three-year term to the Board. Both Managers Miller and Lehman expressed appreciation for appointment to the Board and expressed their willingness about serving as managers. Minutes The Managers noted corrections for the minutes of the February 21, 1985 meeting, on the second line on page 4, to insert the words, ". . . from the City of St. Louis Park. .' after the word 'assurances" on that line. Review of Permit Applications The Managers reviewed a memorandum from the Engineer dated March 14, 1985 detailing the status of various pending permit applications. Manager Cochran recommended that those persons present '~o submit P~r~it applications be heard and that formal action that would be taken on any permit application deferred until a quorum of the Board is present. With that understanding, the following permit applications were noted and discussed: Frank Spartz -- "After-the-fact" retaining wall shoreline erosion protection, Sec. 8AC, Bantas Point, Grays Bay, Lake Minnetonka, City of Minnetonka. 85-14 Engineer Mahady reported that he had reviewed the plans and specifications for this proposed filling and installation of rip rapping on Bantas Point Lagoon along the northeast shoreline of Gray's Bay, Lake Minnetonka, in the City of Minnetonka. Mr. Mahady noted the Engineer's recommendation not to approve this proposed activity inasmuch as it does not appear to comply with the District's policies, criteria, guidelines, and regulations. The District Engineer also noted that certain unauthorized filling has occurred to date and recommended that the property owner be required to remove the unauthorized back-filling which has occurred to date. Mr. Frank Spartz presented additional facts and information to the Managers in support of his permit application. Mr. Spartz did, during the course of his presentation, agree to remove the presently installed materials which are approximately six feet lakeWard~of~ the ekisting sho~ei~ne.' ~'~e 'did comment that he had removed various materials from the bottom of the lagoon, to which the Managers expressed appreciation for that clean-up activity by Mr. Spartz. The District's Engineer advised the Managers that both the Minnesota Department of Natural Resources and the City of Minnetonka had recommended that this proposed filling and rip rap activity not be approved. The District's Attorney did Comment that regardless of what action the District might take in the future that currently Mr. Spartz is not in compliance with current rules and regulations, having placed various materials in public waters without securing required permits. Following discussion on this pending permit application, -2- Mr. Miller stated that he intended to move for denial of a permit at the appropriate time. All Managers present concurred in this recommendation by Mr. Miller. Formal action on this pending permit application was therefore deferred until a quorum of the Board was present to act officially on this permit application. Landform, Inc. -- grading and drainage plan for "Winston Estates" Sec. 27CBB, Gideon Bay - Lake Minnetonka, City of Tonka Bay. 85-~2 Mr. Jeff Wartman and his consulting engineer, Larry Gardner of BRW, were present to submit plans and specifications for grading and drainage activities for Winston Estates, a 24-single family lot residential development in the City of Tonka Bay. The Managers reviewed the plans and speifications, noting that minimum grading activities proposed for this development site. The Managers were advised that the various wetland areas existing on the site will be maintained. Following presentation of these plans and specifications, the District's Engineer recommended that concept approval would be appropriate by the Managers provided that final engineering plans are submitted to the District for review and approval by the District's Engineer. Mr. Miller noted that he would intend to 'offer a motion giving concept approval provided that the developer submit final detailed engineering plans and specifications for review and approval. With this proposed action noted, the matter was continued until such time that appropriate formal approval can be granted to this Winston Estates development. Stanley Gregory -- wetland alteration and dredging 27-855W, Sec. 02CCC, Shoreline Drive, City of Orono 84-146 Mr. Greg Kopischke, of Westwood Planning and Engineering Company, presented to the Managers grading and land alteration plans and specifications for a development of a single-family residence adjacent to Tangager Lake and County Road 15 in the City of Orono. The District's Engineer reported that he had reviewed these plans and specifications and found them in general compliance with watershed district policies and criteria. The Managers commented that the primary issue for the watershed district to consider is what. impact that the dredging project might have upon the water quality of waters ultimately discharging into public waters. Mr. Kopischke noted that there is to be constructed as part of this project an outlet control structure and various sedimentation basins that should assist in providing for adequate water quality of the waters ultimately discharged into Lake Minnetonka. Following consideration of the plans and specifications for this single-family residential development, Manager Lehman noted his intent to move for approval of the project provided that satisfactory conditions are met to secure adequate water quality protection of the discharge of surface --3-- water drainage off this development. The other Managers present concurred in Mr. Lehman's intended resolution and ordered the matter continued for formal action at the appropriate time. Mr. Richard Miller left the meeting at this point. Bruce Construction co. -- grading and drainage plan for Silver Ridge subdivision, Sec. 36BDD, Christmas Lake, City of Shorewood. 85-28 Mr. Gerald Backman, of Scholl and Madsen, Inc., was Present to submit plans and specifications accompanying the permit application for grading and-drainage of the Silver Ridge subdivision on Christmas Lake in the City of Shorewood. Mr. Mahady noted that this subdivision is in close proximity to the boundary of this watershed district and that of the Riley-Purgatory-Bluff Creek Watershed District. He also noted that notwithstanding the fact that the project is presently within the legal boundaries of this district, that the project primarily drains into the adjacent watershed district. Noting that the plans and specifications generally comply with the policies and criteria of this district, the. Managers stated that this matter should be referred to the Riley-Purgatory-Bluff Creek Watershed District for formal review and approval based upon the District's policies for review of projects with these drainage ~ characteristics. Accordingly, no action was recommended to be taken on this permit application until the other watershed district reviews and acts upon this proposed subdivision development. Fritz Widmer -- grading and drainage plan for Creekview Business Park, Sec. 32ACD, Six Mile Creek, City of Minnetrista. 85-29 Mr. Gerald Backman also presented the plans and specifications for a commercial development adjacent to Six Mile Creek in the City of Minnetrista proposed by Fritz Widmer and called Creekview Business Park. The Managers expressed the view that various water retention basins should be considered in this general area. Mr. Mahady reviewed the plans and specifications, noting the proposed set-back from Six Mile Creek as well as what erosion control measures are being proposed by the developer. Following consideration of this pending proposed development, the Managers instructed the District Engineer to continue to work with Mr. Backman to ensure that adequate retention ponds are designed and developed for the site, as well as requiring all necessary erosion control measures before final approval is given by the watershed district. Inasmuch as this mattter was not ripe for formal action, the Managers recommended that it be continued until the next Board's regularly scheduled meeting. -4- Schedulinq of Meeting The Managers discussed the necessity to reschedule a meeting for the Board inasmuch as a quorum was never obtained at this meeting. Recognizing that no official action could be taken to schedule the meeting at this time, the Managers instructed the District's attorney to poll all Managers in order to schedule a meeting during the first week of April. Adjournment At the conclusion of the informational meeting, Chairman Cochran declared the meeting duly adjourned. Respectfully submitted, 0522n Albert Lehman Acting Secretary -5- MINUTES OF THE SPECIAL MEETING OF THE BOARD OF MANAGERS OF THE MINNEHAHA CREEK WATERSHED DISTRICT April 2, 1985 The special meeting of the Board of Managers of the Minnehaha Creek Watershed District was called to order by Chairman Cochran at 7:35 p.m., on Tuesday, April 2, 1985, pursuant to notice, at the St. Louis Park City Hall, St. Louis Park, Minnesota. Managers present: Cochran, Lehman, McWethy, Spensley and Thomas Also present was Manager-designate Miller. Manager absent: Andre Also present were Board advisors Panzer, Mahady and Macombero Purpose of Special Meetinq Chairman Cochran noted that the purpose of the special meeting was to act on the agenda items of the regular meeting of March 21, 1985, which was conducted as an informational meeting. The minutes of the informational meeting of March 21, 1985 are attached to these minutes. Approval of Minutes The Managers reviewed the minutes of the regular meeting of February 21: 1985. With the correction noted in the minutes of the informational meeting of March 21, 1985, it was moved by Lehman, seconded by Spensley that the minutes be approved as corrected. Upon vote the motion carried. Oath of Office-Richard R. Miller The Chairman called upon the Attorney to administer the oath of office~to Richard R. Miller. Mr. Miller took the oath of office as a Manager of the Minnehaha Creek Watershed District. A copy of the oath of office is attached to these minutes. The Managers welcomed Mr. Miller as a Manager of the Minnehaha Creek Watershed District. Approval and Tabeling of Various Permit Applications The Managers reviewed a memorandum from the Engineer dated March 14, 1985, supplemented March 25, 1985, indicating that the following applications comply with the applicable standards of the District and recommending approval on the terms and conditions as set forth in that memorandum: 85-20 Kerber Garden & Nursery, Inc. -- 325 lineal feet of rip rap shoreline erosiOn protection, Sec. llCBD, eastern shore of Brackett's Point, Browns Bay - Lake Minnetonka, City of Orono. 85-23 Cal Haasken -- 50 foot setback variance, Sec. 25BAC, Cooks Bay - Lake Minnetonka, City of Mound~ The written memorandum of the Engineer recommended tabeling the following application until all required exhibits have been received: 85-18 J. ~. Strothman -- unspecified lineal f~otage of rip rap shoreline erosion protection, Sec. 26AAB, Lake Minnetonka, City of Greenwood. It was moved by Thomas, seconded by Spensley, that Applications 85-20 and 85-~3 be approved as recommended by the Engineer, and that 85-18 be tabeled as recommended by the Engineer until all required exhibits have been received. Upon vote the motion carried. Landform, Inc. -- grading and drainage plan for "Winston Estates", Sec. 27CBB, Gideon Bay - Lake Minnetonka, City of Tonka Bay. 85-22 The Engineer reviewed the application which had previously been reviewed at the informational meeting on March 21. The Engineer stated that additional exhibits have been received since the March 21 meeting and recommended approval'subject to conditions numbered 1 through 4 in the written memorandum dated March 25, 1985. Manager Thomas inquired whether drainage from the site could be directed back into the existing low area on the property to provide additional detention prior to discharge from the site. The Engineer indicated that such a modification would appear feasible. It was moved by Lehman, seconded by Thomas, that the application be approved subject to conditions numbered 1 -2- through 4 in the Engineer's memorandum and subject to the additional requirement that drainage be directed into the existing low area on the site prior to discharge from the site. Upon vote the motion carried. Stanley Gregory -- wetland alteration and dredging 27-855W, Sec. 02CCC, Shoreline Drive, City of Orono. 84-146 The Engineer reviewed the proposed wetland alteration and dredging which had been reviewed at the informational meeting of March 21, 1985. The Managers noted that the primary concern was with respect to the water quality impact of the project. Following review of the plans, the Managers stated that they would prefer that the applicant leave the marsh grasses in place at the location of the outlet from the proposed pond to improve water quality discharging from that pond. It was moved by Lehman, seconded by Thomas, that the application be'approved subject to the applicant's compliance with all permit conditions imposed by the Minnesota Department of Natural Resources and the City of Orono, with the suggestion that the applicant retain the marsh grasses in the vicinity of the pond outlet. Upon vote the motion carried. Carlson Properties, Inc. -- grading and drainage plan for Carlson Cente~ office building, Sec. 33DD, Carlson Center, 1-494 north of Wayzata Boulevard, City of Plymouth. 84-118 The Engineer reviewed the application for grading and drainage plan approval for a modification of the overall drainage plan for the Carlson Properties, Inc. approved under Permit 83-94. The Engineer advised the board that the applicant has stated that the project does comply with the comprehensive drainage plans of the Cities of Plymouth and Minnetonka. It was moved by Thomas, seconded by Miller, that the application be approved as recommended by the Engineer, subject to receipt of a letter from the City of Minnetonka that the project is in compliance with Minnetonka's comprehensive storm water drainage plan. Upon vote the motion carried. Frank Spartz -- "After-the~fact'' retaining wall shoreline erosion protection, Sec. 8AC, Bantas Point, Grays Bay, Lake Minnetonka, City of Minnetonka. 85-14 The Engineer noted that this matter had been reviewed at the informational meeting on March 21 and that Mr. Spartz had appeared before the Managers at that meeting. Mr. Spartz was again present in support of his application. Manager Miller moved, seconded by Manager Thomas, that the application be denied and that the applicant be ordered to remove the sheet piling from the bed of Lake Minnetonka as recommended by the Engineer. -3- Mr. Spartz stated that he was willing to remove the sheet piling which has been placed in the bed of Lake Minnetonka in order to comply with the District's requirements. Manager Cochran noted that the Board has. previously approved the placement of sheet pile bank stabilization on lagoon areas not fronting on the lake, and that if the sheet pile was placed below elevation 929.4, he would favor approving the application. Manager Miller suggested that the action of the applicant in placing material in the public waters without a permit represented abuse of the permitting process and suggested that the Board act to deny the permit after which the applicant could return to the Board with a revised plan. Manager Lehman suggested that he would favor staff approval of a permit for the project which would relocate the sheet pile below the water line and locate it as required by the District's standards. Manager Spensley noted that it appeared that the applicant would meet all of the District's applicable criteria if he moved the sheet piling to the appropriate location and that if that were done, the Board would probably approve it. The question was called and upon vote the pending motion to deny the application and order removal of the sheet piling from the bed of Lake Minnetonka was approved. MN Dept. of Transportation, Dist. 5 -- grading and drainage plan for the construction of interim lanes for the 1-394 project, various locations along Highway 12._%eaching from 1-494 to Theodore Wirth Parkway. 85-19 The Engineer reviewed the grading and drainage plan for construction of interim lanes for the 1-394 project located along Highway 12. The Engineer advised that the MDOT indicated that the interim lanes would be in place for two years or less and that the grading and drainage plan had.designed for a ten-year event and a fifty-year event in low areas. The Engineer noted that these drainage facilities were separate from the facilities for 1-394. The Engineer recommended approval as submitted. It was moved by Thomas, seconded by Miller that the application be approved as recommended by the Engineer. Upon vote the motion' carzied. Hussman Investment Co., c/o Bud Schlee -- grading and drainage plan for an 8-unit townhouse development, Sec. 13CDD, City of Mound. 85-21 The Engineer reviewed the application for grading and drainage plan approval for a 0.86 acre site for residential use. The Engineer stated that the applicant has commenced construction of the project under a plan submitted to and approved by the City of Mound. The Engineer stated that the proposal as submitted to the District did not meet District standards for on-site rate and quality control. The Engineer further noted that the City staff objected to the application of District standards in this case. -4- The Engineer advised that drainage from the site is to a DNR protected wetland off the site and adequate rate and water quality control were provided by that wetland. Following discussion, it was moved by Miller, seconded by Lehman, that the permit be granted and that the District waive rate and quality controls for this site because the ponding provided by the adjacent wetland is adequate to meet District standards. Manager Spensley expressed concern that the action by the applicant in commencing construction prior to the issuance of the District's permit was inappropriate and made it more difficult for the Board to properly evaluate the impact of the project and alternative drainage methods which might have been implemented at the project. Carver County Public Works Dept. -- public boat launch for Lake Minnewashta Regional Park, Sec. 4CCB, Lake Minnewashta, City of Chaska. 85-24 The Engineer reviewed the application for approval of a public boat~launch at Lake Minnewashta Regional Park° The Engineer advised that construction is substantially complete and that the existing parking area drains to an adjacent wetland which will adequately treat storm water prior to entering Lake Minnewashta. The Managers questioned the use of treated timbers 'to delineate the parking surface and suggested that the County investigate an alternative barrier which would be ecologially _ 'neutral. It was moved the McWethy, seconded_.by Thomas, that the application be approved as recommended by the Engineer with the -foregoing suggestion. Upon vote the motion carried. City of Edina -- bridge replacement on West 44th Street and Minnehaha Creek, Sec. 28AAD, Minnehaha Creek, City of Edina. 85-25 The Engineer reviewed the application from the City of Edina regarding replacement of the bridge of West 44th Street at Minnehaha Creek. The Engineer stated that the engineering staff has met with the City of Edina to maximize clearance between the Creek and the low member of the bridge. The Engineer further stated that the cross-sectional area below the 100-year flood elevation meets the District's request and recommended approval subject to the condition that temporary erosion control barriers be installed during construction. It was moved by Thomas, seconded by McWethy, that the application be approved as recommended by'the Engineer. Upon vote the motion carried. City of Mound -- dredge channel and cove area, Sec. 13BAA, Dove Cove - Jennin~s Bay - Lake Minnetonka, City of Mound. 85-26 The Engineer recommended tabeling the application pending receipt of revised exhibits as recommended in his written -5- memorandum of March 25, 1985. It was moved by Lehman, seconded by Miller, that the application be tabeled as recommended by the Engineer. Upon vote the motion carried. ~LCity of Mound - maintenance dredging, Sec. 13CAD, Harrison Bay - ake Minnetonka, City of Mound. 85-27 The Engineer reviewed the application of the City of Mound to dredge, and to provide boat access and dockage along the south shore of Harrison Bay in Lake Minnetonka. The Engineer stated that he had been informed by the City staff that this area had silted in and that the dredging requested constituted maintenance dredging under.the District's regulations. The Engineer stated that he had no evidence regarding the nature of the material in this area. Manager Thomas expressed concern about inability to determine whether or not the dredging proposed did in fact constitute maintenance dredging. Manager Thomas moved that the application be tabled pending staff investigation of the request. The motion was seconded by Manager Miller and upon vote the motion carried. Bruce Construction Co. -- grading and drainage plan for Silver Ridge subdivision, Sec. 36BDD, Christmas Lake, City of Shorewood. 85-28 The Engineer r~viewed the grading and drainage plan for a planned unit development. The Engineer stated that the project lies within the legal boundary of the Minnehaha Creek Watershed District but that all but two home sites would drain to the Riley-Purgatory-Bluff Creek Watershed District. The Engineer recommended approval subject to the applicable standards required by the Riley-Purgatory-Bluff Creek Watershed District for handling surface water runoff. It was moved by Thomas, seconded by Lehman, that the application be approved subject to the standards of the Riley-Purgatory-Bluff Creek Watershed District. Upon vote the motion carried.. Fritz Widmer -- grading and drainage plan for Creekview Business Park, Sec. 32ACD, Six Mile Creek, City of Minnetrista 85-29 The Engineer reviewed the application for development of a 23.5 acre site into a four-lot commercial development. The Engineer advised that the applicant proposes two ponds for rate and water quality control, and that no filling is proposed below elevation 931.5. The Engineer recommended approval subject to conditions numbered 1 through 6 in his written memorandum of March 14, 1985. Manager Lehman expressed concern that this development should not prejudice the District's ability to investigate alternatives and implement the Upper Watershed Storage and Retention Project in the Six Mile Creek Subwatershed. Following -6- discussion, it was moved by Miller, seconded by Lehman, that the application be approved subject to the conditions numbered 1 through 6 in the written memorandum of the Engineer and subject to the additional condition that the applicant deed a flowage easement to the City of Minnestrista for those portions of the site below the elevation 931.5 for appropriate protection of existing storage areas on the site. Upon vote the motion carried. Treasurer's Report Mr. Steve Stewart of Robert J. Lapic, Certified Public Accountant, was present to present the monthly Treasurer's report. Mr. Stewart distributed the report and reviewed the current bills presented for payment as well as the funds available for investment in the various funds of the District. Following review of the report and the bills, it was noted that on page 1 of 5 that the reference to "David F. Richardson, Linda P. Richardson and Federal National Mortgage Association" should be deleted and the State of Minnesota should be inserted in lieu thereof. It was then moved by Lehman, seconded by Thomas, that the Treasurer's report dated March 21, 1985 with the foregoing amendment, be approved and the bills paid as set forth in that report. Upon vote the motion carried. Audit'°f Financial Statements of the District for 1984 _ Chairman Cochran then called on Randall C. Lapic, Certified Public Account, to present the audit of the financial statements of the Minnehaha Creek Watershed District for the year ended iDecember 31, 1984. Mr. Lapic distributed copies of his report ated March 13, 1985 and reviewed that report with the Managers. ollowing review and discussion, it was moved by McWethy, seconded y Lehman, that the audit prepared by Randall C. Lapic, Certified Public Accountant, dated March 13, 1985 be approved and accepted by the Board and that the report be filed with the State Auditor and other State offices as required by law. Upon vote the motion carried. Election of Treasurer Manager Cochran noted that Michael R. Carroll, who had served as Treasurer to the Board, was not reappointed to the Board of Managers by the Board of Hennepin County Commissioners and that it was therefore necessary to elect a Treasurer. Chairman Cochran declared nominations open for the position of Treasurer of the Minnehaha Creek Watershed District. It was moved by Lehman, seconded by Miller, that the name of Manager Andre be placed in nomination for the office of Treasurer. There being no further nominations, Chairman Cochran declared the nominations closed. Upon motion duly made and seconded, Manager Camille D. Andre was -7- elected to the position of Treasurer of the Minnehaha Creek Watershed District. Waterway Maintenance and Repair Fund-1984 The Engineer reported that the City of Mound has submitted a request for payment for a recently completed project consisting of placement of shoreline rip rap at the Devon Commons. The Engineer advised that the work has been completed and inspected by the Engineer and recommended payment of the sum of $3,000.00 from the 1984 Waterway Maintenance and Repair Fund. It was moved by Thomas, seconded by Miller, that the sum of $3,000.00 be paid from the 1984 Waterway Maintenance and Repair Fund as recommended by' the Engineer. Upon vote the motion carried. Waterway Maintenance and Repair Fund-1985 The Engineer distributed a memorandum dated March 14, 1985 summarizing the various requests received from municipalities within the District for 'funding of maintenance projects from the 1985 fund. Chairman Cochran noted that James vonLorenZ was present in connection with one of the requested projects and called upon Mr. vonLorenz to address the Board at this time. Mr. vonLorenz ~ndicated that his interest was in Project No. 1, requested funding for maintenance dredging of a reach of Minnehaha Creek from Louisiana Avenue to Excelsior Boulevard. 'Mr. vonLorenz expressed concern about the preparation of necessary data by the City of St. Louis Park to be submitted to the District's Engineer in connection with this request. Chairman Cochran stated that the Board had previously indicated its willingness to contribute toward the funding of this project during 1985 and thanked Mr. vonLorenz for his presentation. Thereafter, the Engineer reviewed the twelve projects summarized, in his'memorandum of.March 14~ 1985 and reported that a request had recently been received from the City of Long Lake for an additional project which he identified as Project No. 13. The Engineer reviewed each of the projects for the Board and responded to questions from the Board regarding various aspects of each request. The Board noted that Projects No. 1 and 9 were in adjacent reaches of Minnehaha Creek and discussed the possibility that those two projects could be combined to minimize the costs and still accomplish the intended results of each project. The Managers expressed a desire to have the staff meet with the City of St. Louis Park staff to determine if the City of St. Louis Park would be willig to combine dredging connected with Project No. 9 with Project No. 1 under appropriate agreements with the District. -8- Following discussion and review of each of the requests and their relative priorities, it was moved by Thomas, seconded by McWethy, that the Board make the following allocations from the 1985 Waterway Maintenance and Repair Fund: Estimated DJ'strict Project Municipality Cost Allocation 2 Excelsior-shoreline $10,000 protection at Excelsior Commons Park 50% of actual construction costs not to exceed $4,000 for rip rap only 3 Minnetonka-shoreline $ 5,000 erosion protection at Burwell House 50% of actual construction costs not to exceed $2,500 Further, that the Board defer any action on further allocations from the 1985 Fund pending a report from the Engineer on the extent to which Projects 1 and 9 could be feasibly combined into a single project under an appropriate cooperative agreement with the City of St. Louis Park. Upon vote the motion carried. Gray's Bay Dam and Lake Level Report The Engineer reported that the control structure was first opened March 12, 1985 with a nominal flow and that the flow was presently being discharged through the control structure at 150 cfs. The Engineer reported that lake level now stands at 929.83. The Engineer noted that this compares with 929.65 one year ago. fMinne__~tonk~ Lak____~eTou____~r The Managers discussed the desirability of undertaking a tour of selected areas of Lake Minnetonka during the summer of 1985. The Managers tentatively set the date of Saturday, July 20, 1985 for the tour. Project CP-5 Status and Pay Request The Engineer distributed Pay Estimate #2 submitted by Crossings, Inc. in connection with Project CP-5. The Engineer advised the Board that Project No. 1, the Lake Katrina Outlet Structure, was now 99% completed; that Project No. 2, Channel Improvements in South Katrina Marsh, were approximately 90% completed; that the outlet structure at South Katrina was approximately 75% completed; that the Painter Marsh channel work was approximately 58% completed; that the flow control structure for Project No. 6 was approximately 20% completed; and, that -9- Project No. 7, the fish control barrier at Painter Drive, has not been commenced. The Engineer recommended approval of the Pay Request #2 in the amount of $48,367.32. It was moved by McWethy, seconded by Lehman, that the pay estimte be approved and paid as recommended by the Engineer. Upon vote the motion carried. The Engineer reported that he and the Attorney had met with the officers of Hamilton Bros., Inc. as directed by the Board, to determine whether a resolution could be reached for payment for easements No. 7 without taking an appeal of the Commissioners' award. The Engineer reported that following discussions with the officers of the corporation, that the officers had communicated an offer to settle the matter. The Board authorized the staff to commit the District to pay the sum with full flowage rights under the easement being provided to the District. Annual Report The Attorney distributed a revised draft of the proposed 1984 Annual Report for review"by the Board. Following review of the Annual Report, it was moved by McWethy, seconded by Lehman, that the Annual Report be approved and that the President be authorized to sign the Annual Report on behalf of the Board and that the Report be filed as required by law and distributed to interested citizens. Upon vote the motion carried. -- Correspondence The following items of correspondence were noted: Letter from Kay Mitchell, Clerk to the Board of Hennepin County Commissioners, dated March 27, 1985 supplying extracts of the Minutes of the Meetings of the Board appointing Richard R. Miller of Edina and Albert Lehman of Minnetonka to three-year terms on the Board of Managers of the Minnehaha Creek Watershed District. Letter from Judy Chumley, Deputy Clerk to the County Board, confirming that the term of Mr. Miller expires March 8, 1988, not January 31, 1988 as indicated in previous correspondence. Letter dated March 13, 1985 from the Water Resources Board to the Bassett Creek Water Control Commission regarding the pending petition for amendment of the boundary common to the Minnehaha Creek Watershed District and the Bassett Creek Water Control Commission. -10- County Road 73 Crossinq Manager McWethy inquired regarding the status of the requested investigation of the twin culverts carrying the Creek under County Road 73. The Engineer reported to the Board on the status of that investigation by the County. Adjournment There being no further business to come before the Special Meeting, Chairman Cochran declared the Special Meeting adjourned at 11:15 p.m. Respectfully submitted, John E. Thomas Secretary 0573n -11- AGENDA MINNEHAHA CREEK WATERSHED DISTRICT April 18, 1985 Wayzata City Hall 7:30 p.m. Call to order; present, absent staff. Reading and approval of minutes of informational meeting of March 21, 1985. Reading and approval of minutes of special meeting of April 2, 1985. Approval or amendment of April 18, 1985 agenda. ® Hearing of permit applications: A. 80-103 Randy Zejdlik, Baton Corporation - renewal of a building setback to allow a setback of 40 feet, Sec. 19AB, 4349-4355 Shoreline Drive, north shore of Black Lake, City of Spring Park. B. 82-13 Warren R. Hanson - beach sand mat to prevent weed growth and provide navigational access to dock area, Sec. 5AAD, Lake Minnewashta, City of Chanhassen, Minnewashta Shores. C. 82-112 Hedberg and Sons - grading and drainage plan for two office-warehouse buildings in the Hedberg Industrial Park, Lot 2, Block 4, Sec. 12CC, east of County Road 73 north of Minnehaha Creek, City of Hopkins. D. 83-05 Walter F. Helland - renewal of building setback variance allowing a building setback of 48 feet to the shoreline, Sec. 13BAC, Three Points Boulevard, Harrison Shores, Harrison Bay, City of Mound. E. 83-110 Hennepin Co. DOT - grading and drainage, roadway construction and surfacing, Sec. 17, 18, CSAH 5 and T.H. 101 Intersection, City of Minnetonka. F. 83-114 Cheyenne Land Co., Twelve Oaks Center - grading and drainage plan for a 5-lot residential subdivision. Floodplain development along Minnehaha Creek. Wetland alteration (DNR Wetland 715W), Sec. 18BBD, east of Frederick Ave. at Minnehaha Creek, City of St. Louis Park. G. 84-16 Douglas C. Trask - after-the-fact placement of fill material on a vacant lot, Sec. 16CD, north of Shoreline Drive across from the Twin Birch Health Care, City of Spring Park. H. 85-17 Hennepin Co. Dept. of Environment & Energy- maintenance dredging of 750 cubic yards in a 50' x 400' area of Spray Island Channel, ~0.0'_rip rap along southeastern shore of ~ton Channel, 100' of rip rap at both ends of Narrows Channel, 200' of rip rap at both ends of Boy Scout Channel, Spray Island Channel, Seton Channel, Narrows Channel, Boy Scout Channel, 4 locations on Lake Minnetonka. I. 85-18 J.H. Strothman - unspecified lineal footage of rip rap shoreline erosion protection, Sec. 26AAB, Lake Minnetonka, City of Greenwood. J. 85-30 Lake Auburn Home - grading and drainage plan and setback variance for an expansion of Lake Auburn Home for the Elderly, Sec. llCDB, Lake Auburn East, City of Victoria. K. 85-31 Hennepin Co. DOT, - grading and drainage and other improvements.to Excelsior Blvd., Sec. 20DAB, Excelsior Blvd. between Louisiana Ave. and Highway 100, City of St. Louis Park. L. 85-32 Richard R. Tradewell - 150 lineal feet of rip rap shoreline erosion protection. Sec. 34BBC, Gideon's Bay - Lake Minnetonk~, City of Shorewood. M. 85-33 Minneapolis Park & Recreation Board - 120 lineal feet of rip rap shoreline erosion protection, Sec. 17DCC, Minnehaha Creek, City of Minneapolis. N. 85-34 City of Long Lake - storm sewer replacement and construction of a sedimentation basin, Sec. 34ACD, Long Lake, City of Long Lake. O. 85-35 Roy Ahern- 50 foot lake setback variance, Sec. 36BBD, Christmas Lake, City of Shorewood. P. 85-36 R.'Mi Baker Co. - grading and drainage plan for a commercial development at the east end of Wayzata, Sec. 6DAC, Gleason Creek - Lake Minnetonka, City of Wayzata. Q. 85-37 Lucy E. Hahn - grading and drainage plan for a 4-unit townhouse development "Port Harr-~~homes", Sec. 13BCB, Harrisons Bay - L..ake Minnetonka~of Mound.~ -2- R. 85-38 Hilloway Corporation - grading and drainage' plan for a 12 lot subdivision "Westmarch", Sec. 5DCD, DNR Wetland No. 743W, City of Minnetonka. S. 85-39 Gary Birnbaum - 81 lineal feet of boulder retaining wall - shoreline improvement, Sec. 23DC, Priest Bay - Lake Minnetonka, ~ity of Mound. T. 85-40 Ralph O. Robinson - 50 foot lake setback variance, Smithtown Bay - Lake Minnetonka, City of Shorewood. U. 85-41 Peter S. Wattson - 88 lineal feet of rip rap shoreline erosion protection, Sec. 34BBC, Gideon's Bay - Lake Minnetonka, City of Shorewood. V. 85-42 Strgar-Roscoe-Fausch, Inc. - street and storm sewer upgrading, Sec. 3A, Co. Road 61 between Co. Road 15 and T. H. 12 , City of Minnetonka. W. 85-43 Michael J. Gorra - main dredging of existing channel and dock area in Black Lake, Sec. 19BBB, Black Lake, Lake Minnetonka, City of Spring Park. ® Report of Treasurer, Engineer and Attorney. A. Treasurer's Report - Mr. Andre. B. Engineer's Report - Mr. Panzer. C. Attorney's Report - Mr. Macomber. ® Unfinished Business. ® New Business. 9. Adjournment. 0620n -3- iINNEHAHA CREEK WATERSHED DISTRICT P.O. Box 387, Wayzata, Minnesota 55391 BOARD OF MANAGERS: David H. Cochran, Pres. · Albert L. Lehman · John E. Thomas Michael R. Carroll · Camille D. Andre · James B. McWethy · James R, Spensley LAKE MINNETONKA WATERSHED BOUNDARY / .OTA RIVER April 2, 1985 TO: Interested Citizens Re: 1984 Annual Report Dear Sir or Madam: Enclosed is a copy of the Annual Report of Minnehaha Creek Watershed District for 1984. Should you have any questions regarding the District's activities, please feel free to contact any member of the Board of Managers. Very truly yours, David H. Cochran, President Board of Managers Minnehaha Creek Watershed District 0439n Enc. MINNEHAHA CREEK WATERSHED DISTRICT ANNUAL REPORT FOR 1984 March, 1985 INDEX ,Pa~e Introduction ................................................... 1 The Managers and Meeting Information ........................... 1 Expansion of Board of Managers ................................. 2 Permit Applications ............................................ 2 Hydrologic Data Collection ..................................... 3 Gray's Bay Control Structure/Lake Minnetonka ................... 3 Water Maintenance and Repair Fund .............................. 4 Minnehaha Creek Channel Improvements/ Cascade Lane Area, Edina (Project CP-8) ........................ 4 Upper Watershed Storage and Retention Project (Project CP-5) ............................... 4 Watershed Management'Planning Chap%er 509 ...................... 5 Floodplain Regulation .......................................... 5 Boundary Amendments ............................................ 5 Maple Plain Treatment Plant/Interceptor ........................ 6 Legal/Physical Boundary Differences ............................ 6 Goals and Objectives ........................................... 6 Budget/1984 .................................................... 7 Financial Records .............................................. 7 INTRODUCTION This Annual Report of the Minnehaha Creek Watershed District provides a summary of the major activities of the Board of Managers during 1984. Any person wishing additional detail is encouraged to contact any individual manager. THE MANAGERS AND MEETING INFORMATION As of December 31, 1984, the names, addresses and terms of the managers are as follows: Camile D. Andre 10401 Cedar Lake Rd. Apt. 419 Minnetonka, MN 55343 Term Expires March 8, 1986 Michael R. Carroll 4509 Washburn Ave. So. Minneapolis, MN 55410 Term Expires March 8, 1985 David H. Cochran 4640 Linwood Circle Excelsior, MN 55331 Term Expires March 8, 1987 Albert L. Lehman 3604 West Sunrise Drive Minnetonka, MN 55343 Term Expires March 8, 1985 James B. McWethy 4380 Thielen Avenue Edina, MN 55436 Term Expires March 8, 1986 James R. Spensley 5117 Chicago Avenue Minneapolis, MN 55417 Term Expzres March 8, 1987 John R. Thomas 6326 Smithtown Road Excelsior, MN 55331 Term Expires March 8, 1986 The present officers are: David H. Cochran Albert L. Lehman John E. Thomas Michael R. Carroll President Vice President Secretary Treasurer During 1984, twelve regular meetings were held by the managers on the third Thursday of each month at 7:30 p.m. In order to make the meetings of the managers more accessible to all residents of the district, the managers meet in odd numbered months in the St. Louis Park City Hall and in even numbered months at the Wayzata City Hall. -1- Ilol The managers exchanged information with other governmental units affected by the programs and policies of the watershed district and honored requests to attend meetings of municipal, county and state officials as well as meetings of interested citizens and groups. The managers received substantial support and assistance from the Hennepin and Carver County Boards of Commissioners through the year which greatly assisted the district in carrying out its programs during 1984. During 1984, the managers continued to serve in organizations dealing with water resource issues. The Board participated in the activities of the Chapter 509 Section of the Minnesota Association of Watershed Districts to deal with issues in implementing Chapter 509, Laws 1982, and in the deliberations of the annual meeting of the Association, held November 30 - December 1, 1984. The managers supplied copies of minutes of all meetings and reports to interested citizens and to public officials throughout the district. Copies of' the 1983 Annual Report were filed in 1984 with the Minnesota Water Resources Board, the Department of Natural Resources, the Boards of County Commissioners of Hennepin and Carver Counties and with State Senators and Representatives from the area within the watershed district. EXPANSION OF BOARD OF MANAGERS On November 3, 1983, the Water Resources Board conducted a hearing on the question whether to expand the size of the Board of Managers. Following hearing, the Board ordered that the Board be expanded by two managers, both to be appointed by the Board of County Commissioners of Hennepin County. Pursuant to that authorization, the Hennepin County Board of Commissioners appointed James R. Spensley of the City of Minneapolis and James B. McWethy of the City of Edina to the two additional manager positions. Manager Spensley took the oath of office on March 15, 1984 and Manager McWethy took the oath of office on April 19, 1984. PERMIT APPLICATIONS The watershed district received 197 permit applications during 1984. in each instance, the proposed project was reviewed in detail for environmental soundness and for compliance with the district's rules and regulations. Applications were received for projects such as dredging, shoreline erosion protection, highway and utility crossings, setback variances, filling, preliminary plat review and drainage and grading for site development. A -2- summary is attached to this report showing the project location and type of application received. As in previous years, a large majority of the applications received were from the Lake Minnetonka portion of the watershed district, reflecting the continuing urbanization of that area. Ail permits granted by the watershed districts specifically require compliance with applicable municipal ordinances and, if the permit involved Lake Minnetonka, the applicable ordinances of the Lake Minnetonka Conservation District. In addition, permits issued by the watershed district require compliance with any applicable rules of the Minnesota Department of Natural Resources. The Board of Managers also took action as necessary regarding complaints, permit violations and activities which had been undertaken prior to issuance of a permit from the district. HYDROLOGIC DATA COLLECTION The district's hydrologic data collection program was continued during 1984. The data for 1983 is published in the Annual Hydrologic Data Report dated April, 1984. Copies of this report were submitted to the Minnesota Water Resources Board, the Metropolitan Council, the Minnesota Pollution Control Agency, the Department of Natural Resources, and local government officials and citizens' groups. GRAY'S BAY CONTROL STRUCTURE/LAKE MINNETONKA During 1984, the district operated the Gray's Bay Control Structure under the existing Management Policy and Operational Plan last revised and approved by the Department of Natural Resources on May 20, 1983. During 1984, the managers continued to rely heavily upon participation of each of the municipalities on Minnehaha Creek in recording creek elevations and flows and reporting that data to the district. The district prepared monthly summaries of this data and made these summaries available to interested municipalities and citizens. The assistance of each of the municipalities was invaluable to the district in making the operational adjustments required during 1984 to accomplish the management objectives of the Headwaters Control Structure. In connection with a request from the City of Minnetonka to use the surface of the dam and weir as part of a city trail, the district commenced an investigation of means to add public safety measures at the Dam. This study was pending at year end. -3- WATER MAINTENANCE AND REPAIR FUND The Board of Managers continued its practice of requesting from the municipalities within the district suggestions for maintenance projects to be paid in part from the district's Water Maintenance and Repair Fund. From the numerous requests received, the managers approved the following projects for 1984: Applicant/Location Project Description Allocation City of Mound Shoreline erosion protection 40% of actual construction costs to a maximum of $3,000 City of Long Lake Channel improvements and sedimentation basin in drainage way tributary to Long Lake 40% of actual construction costs up to $7,500 City of Orono Culvert replacement at Long Lake Creek in Orono Orchard Road 40% of actual construction costs up to $7,000 In addition to the foregoing municipal requests, the managers authorized modification of the elevations of the canoe landings on -Minnehaha Creek located at Gray's Bay, the Horse Ford, Big Willow, and County Road 73. The costs were paid from the Water Maintenance and Repair Fund. MINNEHAHA CREEK CHANNEL IMPROVEMENTS/CASCADE LANE AREA, EDINA (PROJECT CP-8) Channel improvements in the Cascade Lane area of Edina were authorized by the Board on December 19, 1983, to be paid from 1983 Water Maintenance and Repair Funds. That work was not completed by the contractor during the Winter of 1984. During 1984, the contract was amended to call for the Contractor to complete the work during the Winter of 1985. UPPER WATERSHED STORAGE AND RETENTION PROJECT (PROJECT CP-5) Aerial photography and topographic mapping were completed in the Spring of 1984 for the Upper Watershed Storage and Retention Project within the Painter Creek Subwatershed (CP-5). Topographic mapping was completed and easement descriptions were prepared. On November 8, 1984, the Board approved plans and specifications for -4- the project. Independent appraisals were obtained of all easements needed for the project and offers of payment to individual owners were made based on the appraisals. In addition, the district commenced an eminent domain proceeding to acquire those easements where voluntary agreement could not be reached with individual owners. On December 20, 1984, the Board awarded a contract for the project. Work is scheduled to commence in January 1985. WATERSHED MANAGEMENT PLANNING CHAPTER 509 During 1984, the Managers held nine special meetings regarding water management planning under Chapter 509. The managers' efforts were directed toward development of water management policies applicable on a district-wide basis. Preliminary drafts of such policies were prepared early in the year and submitted to the Chapter 509 Technical Advisory Committee and to all municipalities within the District for review and comment. Thereafter, the Managers held three meetings at various locations in the watershed district to secure comment from municipalities and interested citizens. Following review of the comments received, the Managers prepared revisions of the draft policy statements to respond to the comments received. These revised drafts were again distributed to all municipalities and interested citizens on December 20, 1984. The Managers also approved a timetable calling for the preparation of a draft Watershed Management Plan during 1985. FLOODPLAIN REGULATION The issue of floodplain filling continued to be an area of attention by the managers, particularly in St. Louis Park and Edina, where residents along Minnehaha Creek have experienced high water conditions and have brought those concerns before the managers. The managers met with municipal officials on the subject. The managers urged all creekside municipalities to amend their ordinances to prohibit any further filling in the floodplain in Minnehaha Creek, since additional encroachment in the floodplain contributes to higher peak flows thereby increasing the potential of damage to structures and property. In 1984, the managers also undertook a cooperative study with the City of St. Louis Park to determine the causes of seepage at the basement level of a private residence in St. Louis Park. BOUNDARY AMENDMENTS During 1984, the district submitted petitions to the Water Resources Board to amend the legal boundaries of the district to more closely approximate hydrologic drainage patterns. A petition was submitted jointly with the Nine Mile Creek Watershed District, -5- Riley-Purgatory-Bluff Creek Watershed District, and Lower Minnesota River Watershed District to amend portions of the common boundaries of those watershed districts. A second petition was submitted in November 1984 to amend the boundaries adjacent to the Middle Mississippi Water Management Organization, Bassett Creek Flood Control Commission, Pioneer Creek Conservation Commission, and the Carver Creek Water Management Organization. A hearing was scheduled for early in 1985. MAPLE PLAIN TREATMENT PLANT/INTERCEPTOR The Board reviewed the Environmental Assessment Worksheet prepared by the Minnesota Pollution Control .Agency on the phase-out of the Maple Plain Treatment Plant and interceptor construction. This project will remove the last remaining sewage treatment plant which discharges into Lake Minnetonka. LEGAL/PHYSICAL BOUNDARY DIFFERENCES The managers reviewed the problems associated with review of projects located within the legal boundary of the Watershed District but which drain into another watershed management organization. The managers adopted a policy to address such situations providing for the application of the standards of the receiving organization whenever possible. GOALS AND OBJECTIVES In 1984, the managers developed policy statements on surface water management in conformance with the requirements of Chapter 509. During 1985, the managers intend to prepare a draft Watershed Management Plan for review during the latter part of 1985. The schedule calls for completion of the plan by December 31, 1986. The managers plan to complete construction of the Upper Watershed Storage and Retention project of improvements in the Painter Creek Subwatershed (CP-5) in 1985. The Board also intends to complete the channel improvement work in the Cascade Lane area of Edina. The managers will continue to emphasize active use of its Water Maintenance and Repair Fund during 1985 in order to accomplish desirable maintenance projects within the dist.rict. The Board anticipates that it will continue reviewing and issuing permits pertaining to individual site developments during 1985. -6- BUDGET/1984 As required by law, the managers, pursuant to notice, held a public hearing on September 20, 1984 on proposed budgets for the district's Administrative Fund, Water Maintenance and Repair Fund, and Watershed Management Planning Fund. Following the public hearing, the managers adopted budgets for 1985 for these funds. FINANCIAL RECORDS The financial records of the district are kept by a certified public accountant. All financial transactions are recorded in the minutes of its meetings. The treasurer of the district maintained separate records for five funds in 1984: (1) the Administrative Fund; (2) the Water Maintenance and Repair Fund; (3) the Data Acquisition Fund; (4) Watershed Management Planning Fund, and (5) the Upper Watershed Project Fund (CP-5). Records for each of these funds include the dates .and amounts of all expenditures, the names of individuals receiving payment and the purposes for which payment is made. The official depository for the district is the Wayzata State Bank, Wayzata, Minnesota. During 1984, the financial records of the district were audited for the year 1983 and a copy of the audit was filed with the State Auditor for the State of Minnesota in March 1985. Respectfully submitted, 0105n David H. Cochran, President Board of Managers of the Minnehaha Creek Watershed District -7- 1984 PERMIT APPLICATIONS A B C D E F G H Chanhassen 1 2 - 3 Deephaven 4 4 Edina 1 1 2 Excelsior 1 4 1 6 Golden Valley Greenwood I 2 3 Hopkins 1 ! 2 Independence 0 Laketown Twp. 2 2 Long Lake 5 1 1 1 8 ~aple Plain I 1 Medina 2 i 3 Minnetonka 6 3 1 2 I 2 15 ~inneapolis 3 3 ~innetonka Beach 7 7 Minnetrista 3 ! 1 5 Mound 5 4 9 4 1 2~3 Orono 6 3 14 1 1 25 Plymouth 6 1 2 2 1 12 Richfield 1 1 St. Bonifacius 0 St. Louis Park 10 1 1 12 Shorewood 6 1 5 1 13 Spring Park 1 1 2 2 1 1 2 10 Tonka Bay 3 I 7 1 12 Victoria 1 1 6 2 1 11 Wayzata 3 1 6 1 11 WooUland 3 3 Total Permit A.pplicat~o~.s 62 11 4 10. 79 10 8 13 . 197 PERMIT APPLICATION CATEGORIES A - Grading and Drainage B - Bridge, Culvert or utilities C -Floodplain Development D -DreOging E - Shoreline Improvements or Rip Rap F - Shoreline Setback Variance G - Fill or excavation H - Other Categories I - Municipality Total CITY of MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364 (612) 472-1155 April 4, 1985 TO: CITY COUNCIL FROM: CITY MANAGER Enclosed is a handout from. the Metropolitan Council which outlines, in a brief way, how the Council appears to be looking at the regions priorities for' 1986. I thought you might find it interesting. JE:fc eric. METROPOLITAN COUNCIL Suite 300 Metro Square Building, Saint Paul, Minnesota 55101 DATE: TO: FROM: SUBJECT: April 3, 1985 Chair's Advisory Committee Maurice Dorton, Executive Director Major Shapers of the 1986 Budget There are a n~nber of initiatives the Council has either undertaken or proposed to undertake that will have a significant effect on the 1986 work program. Each of these areas are identified as "m.~or shapers:' of the work program. A major shaper is a significant piece of work resulting in the allocation of new resources or a shift in existing resources. 1. Waste Management The Metropolitan Council has been mandated under the Waste Management Act to undertake a n~nber of activities continuing throu<jh 1986 and beyond. These activities continue to require additional resources to meet both statutory deadlines and goals set by the Council in the newly adopted Waste Management Pol icy Plan. 0 Technical assistance to local governments and private interest groups to implement the resource recovery and abatement goals in the policy pl an. Conduct plan and permit reviews under the Waste Management Act including county solid waste plans, designation plans, certificates of need, permit reviews, and long-term processing contracts. /Ilo -2- Coordinate regional efforts in waste man'agement including data collection, public education and communication, market development, and interagency cooperation. 2. Metropolitan Governance. The Council's Regional Service and Finance Report and the Council's Metropolitan Governance legislative proposals will include the following acti vi ti es: Council annual reports to the legislature on the performance of the Council, Regiona'l Transit Board, and the Metropolitan Waste Control Commission in the areas of service delivery, finance, and management. Development and adoption of performance standards in service delivery, finance and management jointly with the RTB and MWCC. 0 Development and adoption of guidelines and administrative procedures for the Council, RTB and MWCC. 3. Transit Corridor and Light Rail Studies. The Metropolitan Council adopted recommendations to proceed with the light rail studies and to conduct additional studies of other transit corridors in the region. The activities programmed for 1986 are: HI~ -3- Joint studies with the RTB on light rail including working with the RTB and the cities in development plans in the affected corridors. Complete transit studies to evaluate additional corridors in the Metropolitan Area. 4. Heal th Care and Human Services. Continuing studies for long-term care to implement the Council's study on long- term care and additional studies in health for implementation of the Prescription for Change Report and legislation for minimum health care benefits. 5. Metropolitan Development Guide Chapters. There are several chapters in the Metropolitan Development Guide that will be revised and adopted in 1986. The Aviation Guide Chapter - An update of the guide chapter. Most of the work will be done in 1985. Final consideration and adoption in 1986. -4- o Water Resources Guide Chapter - Development of policies on water supply - Revision of the sewer section of the guide dealing with capacity for regional facilities and conform to new development policies on Development Framework approved in 1985. 6. Comparable Worth. The Council is completing a comparable worth study for completion in August of 1985, and resources to implement the recommendations will have to be programmed in the 1986 budget. 7. Research and Data Center. In 1985 the Metropolitan Council is undertaking a study to examine the need for upgrading or establishing a Regional Data Center to provide better coordination of data for the Council, local units of government, and the private sector. This study will have recommendations for reorganization of the Council's data needs and potential expansion of resources to implement the recommendations. RETRET /113 LAKE MINNETONKA 402 EAST LAKE STREET CONSERVATION WAYZATA, MINNESOTA 55391 BOARD MEMBERS Roberl Tipton Brown, Chairman Greenwood Robert P. Rascol3, Vice Chairmen Shorewood JoEIlen Hurt, Secretary Orono Edward G. Bauman, Treasurer Tonka Bay Donald E. Boynton Minrtetonka Beach Jonathan FI. Elam Mound Alan Fasching Minnetrista Flicharcl J. Deephaven Audrey Gi~vold Wayzata Ron Kraemer Spring Park Robert K. Pillsbury ainnetonka Robert E. Woodland Flichard J. $oderberg Victoria Carl H. Wei~s~t Excelsior TO: MEMBER MUNICIPALITIES DATE: .April 11, 1985 Enclosed for your records is a copy of the Financial Statement of the Lake Minnetonka Conservation District for 1984 and an additional copy for posting. The 1984 Financial Statement was accepted by the Board of Directors at its regular meeting March 27, 1985. Executive Director DISTRICT TELEPHONE 6121473-7033 FRANK MIXA. EXECUTIVE DIRECTOR jC Enc. 2 8G'~99~09~ 00'00[.' O0'~I['L[ 00'86~'~ IZ'I9~ZlI$ ~96I - Z['[60'~ (p~paem=o~ ~ou~IwR) S%NR3q~SMR~SI~ ~0 NOI%VDIRISSV'ID pun~ 0~7 punR ~86I - S%RIMDMM ~0 z°Ins~m~I~ - 0 - 00'000'6~ I0'990'IL~ ~g'gLL'£II~ oq~ ea~S Iw~o% MOIZVDI~ISSVqD LI'B9L'9~ Lg'gI9'9~ pun~ (s~np) pun& omoouI aoq30 soI3!unmmoD GDN'I omoouI aoq~O suoI~wuoG pun~ ~Mw7 oq~ OAWS punR IWaOuoo s3u~m2soAuI 9g'I~'Bg g9'816'~I £~'ZIg'9g 00'.00~ g6'61L'~g ~ 6~'6G9'86 ~ Zg'£I6'OOI ~ oou~I~ -osanqsIG sanp O~'~OZ'~6~ 00'00g Zz'zg9'Ig~ ~8-I-I ~0 ~uo~(ed ~ou~mpv Ie3O~ punR SMONV~CV~ 'S%N2Hq2IsMR~SIG 'S%RI~DMM HSVD RO %N~%V%S ~86I ~NR3qH~VZS qVIONVNI~ 3oI~3sI~ uo!~eA~aSuoo eMuo3ouuIx oM~7 · Lake Minnetonka Cdnservation District LMCD 1984 Financial Statement Page 2 CLASSIFICATION OF DISBURSEMENTS - 1984 (continued) Brought forward: Save the Lake Fund A~ministration Personal Services Salaries Auditing Services Total Personal Services General Fund $52,480.56 600.00 $53,080.56 Contractual Services Telephone Postage Printing,Publication & Advert. Utilities Maintenance: Office Equipment Janitorial Services Other Contractual Services Total Contractual Services 760.84 1,183.96 900.07 312.96 1,123.11 660.00 6,001.98 $10,942.92 Commodities & Supplies Office Supplies Books & Periodicals General Supplies Total Commodities & Supplies $1,520.21 103.20 271.59 $1,895.00 Other Charges Office Rent Insurance & Bonds Memberships Employer Contributions Mileage & Expenses Total Other Charges $3,600.00 2,621.53 215.00 9,027.54 1,194.56 $16,658,63 Capital Outlay Office Furniture, Fixtures & Equipment Total Capital Outlay $1,250.80 $ 1,250.80 Legal Legal Services Total Legal Committees & contingency Water Structures & Environment Lake Use Executive Public Information & Program Total Committees & Contingency $13,651.68 $ 49.82 1,213.43 116.75 $13,651.68 $1,380.00 Total General Fund TOTAL DISBURSEMENTS $14,918.65 $98,859.59 $113,778.24 Bid EHLERS AND ASSOCIATES, INC. FINANCIAL SPECIALISTS RST NATIONAL-SOO LINE CONCOURSE 507 MARGIUETTE AVE. MINNEAPOLIS, MINNESOTA 5540i~ 339-82S1 (AREA CODE S12) FILE: Financial Specialists: Ehlers and Associates, Inc. Please distribute to ~overnin~ body members April 1, 1985 NEWSLETTER After an excitin~ run, the BBI index of 20-year tax exempt yields reversed itself and stood at 9.71~. on February 21, up from 9.21~ on January 24. The major reason for the rise in interest rates generally is the large federal deficit. But for tax exempt borrowers a fundamental reason for hi§h interest rates is the supply of over $125 billion bonds issued annually. It is so larSe that many bonds must be priced to attract taxpayers in the lower marginal brackets mainly through mutual funds. There is a §rowin§ discussion about state and federal financin§ of local "infrastructure" (sewa§e, waterworks, streets, etc.) as. thou§h local [overnments lack the borrowing power to care for themselves. Various ideas are bein§ floated for federal interest subsidies, bond banks and other central financin§ schemes. But local governments have been, are, and will be able to finance their capital needs. Additional layers of bureaucracy to manage local affairs is an answer for which there is no problem. All local governments need to assure adequate credit at reasonable interest rates is'to get private purpose tax exempt financing off thei backs. That, and desistinS from taxin§ public purpose borrowin§. We cannot expect' to finance, at reasonable tax exempt rates, all sorts of private purpose as well as public purpose infrastructure needs. There is a real dan§er that con§ressional and public disillusionment with private purpose tax exempt financin§ might destroy tax exempt financin~ for public purpose financings, as well. There are problems with some new exotic financin§s relatin§ to lease-leaseback financings, letters of credit, variable interest rates, etc. The borrower needs to ask: "~hat could happen in the worst case" because worst cases have a way of happening. The borrower needs someone independent of any interest in under~itin~ the bonds on his or her side to help ask the risht questions and assess risks. The cost of such service can be covered by a savin~ of a few thousandths of 1~ in interest rate. I heard a cardinal the other day -- I think we'll hav~ Sprin§ by and by. /,/ - . ,,. ~NLERS AND ASSOCIATES, IN · .e