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1995-08-08 AGENDA CITY OF MOUND MOUND, MINNESOTA MOUND CITY COUNCIL - REGULAR MEETING TUESDAY, AUGUST 8, 1995, 7:30 PM CITY COUNCIL CHAMBERS 1. PLEDGE OF ALLEGIANCE. APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 25, 1995. PG. 2177-2184 PUBLIC HEARING: CASE #95-19: MARK A. SALITERMAN, 5211 SHORELINE DRIVE, LOTS 7-20 & 26-35, PID #13-117-24 34 0073. CONDITIONAL USE PERMIT FOR DRIVE IN BANKING FACILITY. PG. 2185-2210 PUBLIC HEARING: CASE #95-30: ST. JOHN'S LUTHERAN CHURCH, 2451 FAIRVIEW LANE, TRACTS l-G, RLS 739 & P/BLOCK 2, SHIRLEY HILLS UNIT D, PID 24-117-24 12 0014, 0058 & 0059. CONDITIONAL USE PERMIT FOR ~= PARKING LOT EXPANSION. PG. 2211-2234 5. PUBLIC HEARING: CONSIDERATION OF A CONDITIONAL USE ~/~ USE PERMIT TO CHANGE THE USE FROM MOTOR FUEL STATION TO MINOR AUTO REPAIR AND OPEN SALES LOT AT 4831 SHORELINE DRIVE. PG. 2235-2272 PUBLIC HEARING: CONSIDERATION OF AN APPLICATION TO MODIFY A CONDITIONAL USE PERMIT FOR AN ADDITION TO A MUNICIPAL WELL HOUSE (FIRE DEPARTMENT STORAGE AREA) AT 2415 WILSHIRE BLVD. PG. 2273-2288 CASE 94-44: REQUEST FOR ONE YEAR EXTENSION OF VARIANCE, RESOLUTION 94-44, BY DUDLEY BARTHOLOW, 5926 BEACHWOOD ROAD, PART OF LOT 47, AUDITOR'S SUBDIVISION 168, PID #23-117-24 13 0023. PG. 2289-2301 8. COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. RESOLUTION ACCEPTING PUBLIC UTILITIES (SANITARY ~ ~SEWER, WATERMAIN AND STORM SEWER) IN THE NEW SUBDIVISION OF PELICAN POINT. PG.~2302-2304 2175 10. 11. 12. 13. APPROVAL OF AN ORDINANCE GOVERNING THE CONSTRUCTION, INSTALLATION, OPF_RATiON, RF_PAIR, MAINTENANCE, REMOVAL AND RELOCATION OF FACILITIES AND EQUIPMENT USED FOR THE TRANSMISSION OF TELECOMMUNICATIONS OR RELATED SERVICES IN THE PUBLIC GROUND OF THE CITY OF MOUND. PG. 23O5-2312 COMMONS TASK FORCE UPDATE-MARK GOLDBERG PAYMENT OF BILLS. ~/r~ ~Ii ~_5' ~_~ ~ INFORMATIONAL/MISCELLANEOUS PG. 2313-2317 PG. 2318-2332 DEPARTMENT HEADS MONTHLY REPORT FOR JULY 1995. LMCD REPRESENTATIVE'S MONTHLY REPORT FOR JULY 1995. PG. 2333-2355 PG. 2356-2357 COMMONS TASK FORCE MINUTES OF JULY 25, 1995. PG. 2358-2365 PARKS AND OPEN SPACE COMMISSION MINUTES OF JULY 13, 1995. PG. 2366-2374 INFORMATION FROM GABRIEL JABBOUR, ORONO COUNCILMEMBER RE: LMCD BUDGET FOR 1996. PG. 2375-2383 PLANNING COMMISSION MINUTES OF JULY 24, 1995. PG. 2384-2391 Ho REMINDER: NCL PHOENIX CONFERENCE - EARLY REGISTRATION IS SUGGESTED. PLEASE ADVISE ASAP IF YOU ARE INTERESTED IN ATTENDING. REMINDER: COMMITTEE OF THE WHOLE MEETING, AUGUST 15, 1995, 7:30 PM, CITY HALL. A LETTER DATED AUGUST 1, 1995, FROM PHIL KLEIN AND TOM AUNE RE: THE RELEASE OF PROPERTY OWNED BY THE CITY IN THREE POINTS AREA FROM LAST CITY COUNCIL MEETING. THEY ARE WITHDRAWING THEIR REQUEST BUT HAVE REQUESTED THE CITY COUNCIL DESIGNATE THE PROPERTY AS A NATURE CONSERVATION AREA (NCA), SINCE THIS ITEM WAS TABLED UNTIL 8/22/95, DO YOU WISH TO HAVE THIS LATEST REQUEST PLACED ON THAT AGENDA? PLEASE ADVISE. PG. 2392-2394 2176 PERSONS PRESENT AT MEETING PLEASE PRINT YOUR NAME & ADDRESS 14. 15. 16. MINUTES - MOUND CITY COUNCIL MEETING - JULY 25, 1995 The City Council of Mound, Hennepin County, Minnesota, met in regular session on Tuesday, July 25, 1995, at 7:30 PM, in the Council Chambers at 5341 Maywood Road, in said City. Persons in attendance: Mayor Bob Polston, Councilmembers Andrea Ahrens, Mark Hanus, Liz Jensen. Absent and excused: Phyllis Jessen. Also present were: City Manager Ed Shukle, City Attorney Curt Pearson, Building Official Jon Sutherland, Acting City Clerk Linda Strong and the following interested citizens: Charles Pugh, Rick and Cheryl Vogel, Gene and Brenda Peterson, Bob and Jan Mitchell, Tom Aune, Dale Woodbeck, Peter Meyer, Pat Hedman, Tom Casey, John Edwaard, Mary Pokorney, Jim Merchant, Gregory Knutson. The Mayor opened the meeting and welcomed those present. The Pledge of Allegiance was recited. 1.1 APPROVE THE MINUTES OF THE REGULAR MEETING OF JULY 11, 1995. MOTION by Jensen, seconded by Ahrens and carried unanimously to approve the Minutes of the July 11, 1995 regular City Council meeting. 1.2 PRESENTATION: SUBURBAN ALLIANCE, CHARLES PUGH, MOUND REPRESENTATIVE Mr. Charles Pugh, a board member, and Dale Woodbeck presented information to the Council about Suburban Alliance, also known as West Hennepin Human Services Planning Board. He requested funding of $2,183 from the City of Mound for 1996. The City has contributed small amounts in past years. Mayor Polston stated this request would go through the budget process. 1.3 CASE 95-24: GENE & BRENDA PETERSON, 6017 RIDGEWOOD ROAD, LOT 18, BLOCK, HIGHLANDS, PID 23-117-24 43 0031 REQUEST: VARIANCE - ADDITION Jon Sutherland, Building Official, stated the owners have applied for a variance to recognize several nonconforming issues, to allow construction of a two story entry addition and a lower level deck on the lakeside of the dwelling. Staff and the Planning Commission unanimously recommend approval. Councilmember Jensen requested conformation that a statement was to be added to the resolution regarding the impervious surface coverage is conforming at 40% for a lot of record. The Building Official was added to the resolution at the third Whereas: "The existing grading and green space created an adequate filter strip to accommodate the stormwater from this site, as required by the ordinance." Councilmember Jensen moved and Mayor Polston seconded the following resolution with the addition of new language in the third Whereas: RESOLUTION 95-68 RESOLUTION TO APPROVE A VARIANCE TO ALLOW CONSTRUCTION OF AN ENTRY ADDITION AND A DECK AT 6017 RIDGEWOOD ROAD, LOT 18, BLOCK 6, HIGHLANDS, PID 23-117-24 43 0031, P&Z CASE 95-24 The vote was unanimously in favor. Motion carried. 1.4 CASE 95-25: ROBERT MITCHELL, 4360 WILSHIRE BLVD., ISLAND PARKS FIRST DIV., PID 19-117 23 13 0014. REQUEST: VARIANCE - DECK LOT 81, PHELPS Building Official Jon Sutherland informed the Council on this item. The owner has applied for a 13 foot lakeside setback variance to replace and slightly enlarge a lakeside deck. The impervious surface was discussed. This site is slightly over 30% hardcover. However, the current drainage conditions adequately treat stormwater. The majority of water flows over an approximately 50' wide 'green strip between the house and the lake. The staff and Planning Commission unanimously recommend approval. Councilmember Ahrens moved and Councilmember Hanus seconded the following resolution: RESOLUTION 95-69 RESOLUTION TO APPROVE A LAKESIDE SETBACK VARIANCE TO ALLOW CONSTRUCTION OF A DECK AT 4360 WILSHIRE BLVD., LOT 81, PHELPS ISLAND PARK, FIRST DIVISION, PID 19-117-23 13 0014, P&Z CASE 95- 25. The vote was unanimously in favor. Motion carried. 1.5 CASE 95-26: ROXANNE LANGE & CLAUDINE DICK, 5060 GLENDALE ROAD, LOT 22 & NELY 1/2 OF 21, BLOCK 5, SHIRLEY HILLS UNIT B, PID 24-119-24 12 0034. REQUEST: VARIANCE - DECK Building Official Jon Sutherland stated the owners have applied for a 1.65 foot side yard setback variance to allow construction of a conforming deck. The impervious surface was discussed. This site is conforming with less than 30%. Councilmember Jensen moved and Councilmember Ahrens seconded the following resolution: RESOLUTION 95-70 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE AN EXISTING NONCONFORMING SIDE YARD SETBACKTO ALLOW CONSTRUCTION OF A CONFORMING DECK AT 5060 GLENDALE ROAD, LOT 22 & NORTHEASTERLY 1/2 OF 21, BLOCK 5, SHIRLEY HILLS UNIT B, PID 24-117-24 12 0034, P&Z CASE. The vote was unanimously in favor. Motion carried. 1.6 CASE 95-27: CHERYL & RICHARD VOGEL, 1779 WILDHURST LANE, LOT 3 & P/4, BLOCK 13, SHADYWOOD POINT, PID 13-117-24 14 0019. REQUEST: VARIANCE - DECK/PORCH Building Official Jon Sutherland stated the owners, Cheryl and Richard Vogel, have applied for a variance to recognize existing nonconforming setbacks to the dwelling in order to construct a conforming deck and screen porch on the lakeside. This site is conforming to impervious surface. Councilmember Hanus moved and Councilmember Ahrens seconded the following resolution: RESOLUTION 95-71 The vote was unanimously in favor. RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE EXISTING NONCONFORMING SETBACKS TO ALLOW CONSTRUCTION OF A CONFORMING DECK AND PORCH AT 1779 WILDHURST LANE, LOT 3 & P/4, BLOCK 13, SHADYWOOD POINT, PI D 13-117-24 14 0019, P&Z CASE 95-27. Motion carried. 1.7 CASE 95-29: JAMES E, MERCHANT, 5116 TUXEDO BLVD., LOT 13, WHIPPLE SHORES, PID 24-117-24 43 0061. REQUEST: VARIANCE - ADDITION & DETACHED GARAGE Jon Sutherland, Building Official, stated the owner, James Merchant, has applied for a variance to recognize an existing nonconforming lake side setback of 38 feet to allow reconstruction and remodeling of the existing house and construction of a conforming 25' x 50' detached garage. Impervious surface and storm water was discussed. This site exceeds 30% impervious surface. The owner is proposing grading and filling to improve the drainage and accommodate the new garage. It appears the work may include filling on the adjacent lot to the east. Currently, the water ponds on both lots. It was determined that a grading and drainage plan must be submitted by the applicant and approved by the City Engineer. Councilmember Jensen moved and Councilmember Hanus seconded the following resolution with the added condition that an drainage plan be provided by the applicant and approved by the City Engineer: RESOLUTION 95-72 RESOLUTION TO APPROVE A VARIANCE TO RECOGNIZE A NONCONFORMING LAKE SIDE SETBACK TO ALLOW CONSTRUCTION OF AN ADDITION AND DETACHED GARAGE AT 5116 TUXEDO BLVD., LOT 13, WHIPPLE SHORES, PID 24-117-24 43 0061, P&Z CASE 95-29. The vote was unanimously in favor. Motion carried. 1.8 COMMENTS AND SUGGESTIONS FROM CITIZENS PRESENT. There were none. 1.9 REQUEST TO RELEASE NATURE CONSERVATION AREA LOCATED AT ENCHANTED & HERON LANE, LOT 1, BLOCK 20, SHADYWOOD POINT, PID 13-117-24 11 0064. City Manager Ed Shukle stated that the two adjacent property owners to this nature area are interested in purchasing this lot. The Park and Open Space Commission wanted this parcel to remain a Nature Conservation Area (NCA). Mayor Polston asked this item to be tabled until more research could be done. Councilmember Hanus asked the two adjacent property owners to state in writing their desire to purchase the lot and to define their plans for this lot. Tom Casey, member of the Parks and Open Space Commission, spoke to the Council asking that this be voted down, that this lot is needed for drainage for that residential block. He stated that in October, 1993, the Council voted 4-0 to retain the property and not sell it. If this NCA was sold, it could set a precedent for the sale of other NCA's and the City would be out of green space. This lot was one of the specific lots designated by the Parks and Open Space Commission to be retained. The adjacent property owners, Phil Klein to the south of the lot, and Tom Aune to the west of the lot, spoke to the Council. Mr. Aune has somewhat maintained this vacant lot since he purchased his home in 1987. He stated the additional area would make his property more conforming. Mr. Klein just built a home on the two lots to the south of the vacant lot and would like to purchase the property to maintain it in a cleaner natural state. The two adjacent owners would subdivide the vacant lot and add it onto their own parcels. City Attorney, Curt Pearson, stated the proposed buyers need to define their reason for the purchase. There is a process to purchase the lot; a survey will be needed, to identify the proposed subdivision and combination, a waiver from the City Council must be applied for and conditions need to be made on the future use of the property. Peter Meyer, member of the Parks and Open Space Commission, spoke to the Council regarding the City retaining this parcel as an NCA. 20 4 City Manager Ed Shukle researched the Minutes of the Council from 1993 and determined the lot in question has not been designated by the Council as an NCA. Tom Casey stated that all of the costs related to researching this should be charged to the potential buyers, not to the City. MOTION by Polston, seconded by Hanus to table the request for release of a Nature Conservation Area at Enchanted and Heron Lane, lot 1, block 20, Shadywood Point, PID 13-117-24 11 0064, until August 22, 1995. In order to give the applicants time to submit additional information and work with staff to clarify the zoning implications and other issues. The motion carried with Ahrens, Hanus and Polston voting yes, Jensen voted no. 1.10 PUBLIC LANDS PERMIT APPLICATIONS: GREGORY KNUTSON, 4701 ISLAND VIEW DRIVE, DEVON COMMON, DOCK SITF #42077, REQUEST TO REPLACE STAIRWAY. Building Official, Jon Sutherland, stated that Mr. Knutson has applied for a Construction on Public Lands Permit to allow the reconstruction of a stairway on Devon Commons, providing access to dock site #42077. Council discussed the changing of the wording regarding the light in the 5th Whereas to read "The light must meet the LMCD regulations." Councilmember Hanus wanted to change item #2a, to read as follows: "Lights will be directed so as not to illuminate the area beyond the end of the dock or shine laterally across the water." Also, the 5th Whereas to be changed to: 'r~. ,;~. .... . ~ .r.~..,.~.~ ..... .;~...~ , ~-r~ ..... ,~+;.... TO: "The light shall meet LMCD requirements". Councilmember Hanus moved and Councilmember Ahrens seconded the following resolution as changed: RESOLUTION 95-73 RESOLUTION TO APPROVE A SPECIAL PERMIT FOR A PRIVATE STRUCTURE ON PUBLIC LAND SO ALLOW REPLACEMENT OF AN EXISTING STAIRWAY ON DEVON COMMON ABUTTING 4701 ISLAND VIEW DRIVE. LOT 1. BLOCK 7. DEVON, DOCK SITE #42077 The vote was unanimously in favor. Motion carried. GENE SMITH, 4705 ISLAND VIEW DRIVE, DEVON COMMON, DOCK SITE 42117. REQUEST TO REPLACE STAIRWAY. Building Official Jon Sutherland explained to the Council that Gene Smith has applied for a permit to reconstruct a stairway on Devon Commons. 5 Councilmember Hanus moved and Councilmember Ahrens seconded the following resolution: RESOLUTION 95-74 RESOLUTION TO APPROVE A SPECIAL PERMIT FOR A PRIVATE STRUCTURE ON PUBLIC LAND TO ALLOW REPLACEMENT OF AN EXISTING STAIRWAY ON DEVON COMMON ABUTTING 4705 ISLAND VIEW DRIVE, LOT 2, BLOCK 7, DEVON, DOCK SITE #42117. The vote was unanimously in favor. Motion carried. CITY OF MOUND, PROPOSED STAIRWAY AT AMHURST LANE, ACCESS TO DEVON COMMON. MOTION by Hanus, seconded by Ahrens to concur with the Parks and Open Space Commission to deny the installation of a new stairway at Amhurst Lane, access to Devon Common. The Council discussed the stairway installation. Councilmember Jensen stated it should be installed as their was a need with a resident having a limited ability to access her dock. Ahrens stated to find her a dock location that was flat. Hanus stated the cost was too much for the service provided. Motion carried with a 3 to I vote. AhrenS, Hanus and Polston voting yes, Jensen voting no. 1.11 RESOLUTION AUTHORIZING MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR 1995 (YEAR XXI) URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. City Manager Ed Shukle updated the Council this is procedure for the Joint cooperation Agreement with Hennepin County for the 1995 (Year XXI) Urban Hennepin County Community Development Block Grant Program (CDBG) Councilmember Ahrens moved and Councilmember Hanus seconded the following resolution: RESOLUTION 95-75 RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO EXECUTE SUBRECIPIENT AGREEMENT WITH HENNEPIN COUNTY FOR 1996 (YEAR XXl) URBAN HENNEPIN COUNTY COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM. The vote was unanimously in favor. Motion carried. 6 1.12. SET PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR ST. JOHN'S LUTHERAN CHURCH TO ALLOW A PARKING LOT EXPANSION AT 2451 FAIRVIEW LANE. SUGGESTED DATE: AUGUST 8, 1995 MOTION by Ahrens, seconded by Hanus and carried unanimously to set August 8, 1995, 7:30 pm for a public hearing to consider the issuance of a Conditional Use Permit for St. John's Lutheran Church to allow a parking lot expansion at 2451 Fairview Lane. 1.13 SET PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-IN BANKING FACILITY (RETAILING ESTABLISHMENT) IN THE B-1 CENTRAL BUSINESS DISTRICT AT 5211 SHORELINE DRIVE. SUGGESTED DATE: AUGUST 8, 1995 MOTION by Ahrens, seconded by Hanus and carried unanimously to set August 8, 1995, 7:30 pm, for a public hearing to consider the issuance of a Conditional Use Permit to allow a drive-in banking facility (retailing establishment) in the B-1 Central Business District at 5211 Shoreline Drive. 1.14. RESOLUTION APPROVING AN EXEMPTION FROM LAWFUL GAMBLING FOR OUR LADY OF THE LAKE CHURCH JULY 29-30, 1995. Councilmember Jensen moved and Mayor Polston seconded the following resolution: RESOLUTION 95-76 RESOLUTION APPROVING AN EXEMPTION FROM LAWFUL GAMBLING FOR OUR LADY OF THE LAKE CHURCH - JULY 29 & 3O, 1995. The vote was unanimously in favor. Motion carried. 1.15 PAYMENT OF THE BILLS. MOTION by Hanus, seconded by Jensen to authorize payment of the bills on the pre-list in the amount of $190,018.29, when funds are available. By roll call vote, the motion carried unanimously. 1.16. OTHER BUSINESS. Teal Pointe Councilmember Jensen stated she had received a phone call from a neighbor to Teal Pointe regarding a retaining wall. Staff informed the Council on the status of the project. 7 Flack Case Mayor Polston asked City Attorney Curt Pearson for an update on the Flack vs. City of Mound court case. City Attorney Curt Pearson stated the judge wants a copy of the transcript after hearing the referee's decision. The judge wants to see all of the testimony because he cannot rule on the information provided. The judge will receive the transcript the first part of September. Councilmembers Ahrens and Polston were concerned regarding the cost with all of this, the time and for what results. City Attorney Curt Pearson stated that the cost was within the estimate given. Councilmember Jensen stated this was an important decision, because this decision would set a precedent regarding to other private commons and their destiny in the future, which in turn will affect all of the commons shoreline in Mound. 1.17 INFORMATION/MISCELLANEOUS: A. FINANCIAL REPORT FOR JUNE, 1995 AS PREPARED BY GINO BUSINARO, FINANCE DIRECTOR. YOU HAVE ALREADY RECEIVED A BROCHURE FROM NLC: PHOENIX CONFERENCE. HERE IS A MEMO FROM OUR STATE LEAGUE RE: IMPORTANCE OF EARLY REGISTRATION. PLEASE ADVISE IF YOU ARE INTERESTED IN ATTENDING. C. MINUTES OF THE JULY 10, 1995 PLANNING COMMISSION. MOTION by Ahrens, seconded by Jensen and carried unanimously to adjourn the meeting at 9:35 PM. City Manager Attest: Acting City Clerk RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT TO /%LLOW THE OPERATION OF ~ DRIVE-IN BANKING F~CILITY IN THE B-1 CENTRAL BUSINESS ZONING DISTRICT AT 5211 SHORELINE DRIVE LOTS 7 - 20 & 26 - 35, PID #13-117-24 34 0072 P&Z CASE $95-19 WHEREAS, Mark A. Saliterman, owner of the subject property, has applied for a Conditional Use Permit to allow the operation of a Drive-in Banking Facility for a new free-standing Norwest Bank building in the parking lot area of Shoreline Plaza, next to Hardee's Restaurant, and; WHEREAS, the subject property is located in the B-1 Central Business Zoning District which allows "Drive-in Retailing Establishments" by Conditional Use Permit, and; WHEREAS, the Mound Zoning Ordinance defines "Drive-in" as, "Any use where products and/or services are provided to the customer under conditions where the customer does not have to leave the car or where fast service to the automobile occupants is a service offered regardless of whether service is also provided with a building, and; WHEREAS, Mound Zoning Ordinance Section 350:775 sets standard for drive-in businesses in all districts, and; WHEREAS, the proposed bank will contain approximately 3,600 square feet and will have a drive-in facility that includes 4 teller lanes and 1 ATM lane, and; WHEREAS, requested variances include parking space count and space size, sign placement, impervious cover, and distance between drive-in facilities and residential uses, and; WHEREAS, parking for the entire center needs to be considered. The site plan identifies a total of 176 parking spaces which is approximately 84% of the required parking amount. The present mix of uses in the Shoreline Plaza shopping center can probably be reasonably serviced by 176 parking spaces, and; WHEREAS, an impervious surface coverage variance; to increase from 88% to 98% (approximately), and; WHEREAS, Sign variance. In this case, the property has an extended frontage along County Road 15 and adequate space exists to accommodate the proposed Norwest sign in addition to the relocated shopping center sign, however, since the applicant has not provided any further details, it is assumed that the signs will conform to the City's height, area and setback criteria, and; Proposed Resolution Saliterman p. 2 WHEREAS, Rite Away Oil is located on a separate parcel, so their sign is separate, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval, with the conditions, recommended by staff. NOW, THEREFORE, BE IT RESOLVED, by the city Council of the City of Mound, Minnesota, as follows: The City Council does hereby approve a Conditional Use Permit to allow the operation of a Drive-in Banking Facility and variances pertaining to parking, impervious cover, the placement of two freestanding signs along 1 street frontage, and the electronic devices setback for a new free-standing Norwest Bank building to be located in the parking lot area of Shoreline Plaza, next to Hardee's Restaurant, subject to the following conditions: ae The applicant shall prepare the following plans for review and approval by the City Engineer and City Planner: 1) Modified Site Plan - The plan shall contain a revised layout that depicts the expansion of the bank drive-in entrance aisle, the expansion of the concrete islands and the resulting modification of the new parking lot east of the existing grocery store. Grading, Drainage and Erosion Control Plan - The plan shall contain existing and proposed contours depicting all grading and identify all required retaining walls. The plan shall also identify storm sewer modifications and improvements and include a copy of all stormwater calculations. Erosion control measures shall also be included. Landscaping Plan - The plan shall show the installation of landscaped island areas edged by poured-in-place curb and gutter in all parking lot islands shown on the site plan with the exception of the islands on either end of the 4 parking spaces on the west side of the site adjacent to Rite Away Oil Change. Landscaping shall also be shown around the bank building, in the sod island area separating Norwest Bank from the shopping center, and along the existing grass boulevard areas abutting County Road 15 and Wilshire Boulevard. Plant material quantities and sizes shall be in conformance with the standards identified in Section 350:725 of the Mound Zoning Code. Proposed Resolution Saliterman p. 3 Lighting Plan - The plan shall conform to Zoning Code Sections 350:775 and 350:730. ra d~ng, drainage and eros~n control plans shall be viewed ~ the Watershed District. C. With the exception of the placement variance for the two freestanding signs along one street frontage that is granted herein, all signage shall comply with the Mound Sign Ordinance. The signs will conform to the City's height, area and setback criteria. D. Construction of all improvements shall be in conformance with all local, state and federal ordinance and permit / requirements. E.~ The applicant shall complete and submit the required variance application form including corresponding fees prior to the time that this case is heard by the Mound City Council. Fo The applicant shall have a qualified land surveyor complete the required impervious cover calculation form and submit it to the City prior to the time that this case is heard by the Mound City Council. This Conditional Use Permit is granted for the following legally described property: That part of Certificate No. 474801. Lots 13 to 20 inclusive, Block 1, together with the North Half of the adjoining vacated alley lying between extensions across it of the East line of Lot 13 and the West line of Lot 20 and the vacated park and parking area vacated lying North of said lots between the East line of parking area vacated lying North of said lots between the East line of Lot 13 and the West line of Lot 20, and Lost 26 to 33 inclusive, Block 1 together with the vacated alley lying between Lot 31 and Lots 26 to 30 inclusive, Block 1 and the South Half of the adjoining vacated alley lying between extensions of the East line of Lot 33 and the West line of Lot 31, Block 1, also the vacated alley lying between Lots 18 and 19, Block 1, lying between extension across it of the North and South lines of said Lots 18 and 19 and the South Half of vacated alley adjoining lot 26 lying between the East line of Wilshire Drive and the Northerly extension of the West line of Lot 31 and the North Half of the vacated alley adjoining Lots 21 to 25, Block 1, lying between the southerly extension of the East line of said Lot 21 and the East line of Wilshire Drive, Block 1, all in Shirley Hills, unit F, files of Registrar of Titles, Hennepin County, Minnesota. ALSO Proposed Resolution Saliterman p. 4 That part of Certificate No. 580443. Lots 21, 22, 23, 24, and 25, Block 1, and that part of the parking area vacated lying West of the northerly extension of the East line of said Lot 21, all in Shirley Hills, Unit f, files of the Registrar of Titles, Hennepin County, Minnesota. ALSO That part of Certificate No. 474801. Lots 7 through 12, inclusive, Block 1, together with the North Half of the adjoining vacated alley lying between the extensions across it of the East line of Lot 7 and the West line of Lot 12 and the vacated park and parking area vacated lying North of said Lots between the East line of Lot 7 and the West line of Lot 12; and Lots 34 and 35, Block 1 and the South Half of the adjoining vacated alley lying between extensions of the East line of Lot 35 and the West line of Lot 34, Block 1, all in Shirley Hills, Unit F, according to the plat thereof, files of the Registrar of Titles, Hennepin County, Minnesota. This Conditional Use Permit shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. CITY OF MOUND 5341 MAYWOOD ROAD MOUN D, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PUBLIC HEA RING NO TICE CITY OF MOUND MOUND, MINNESOTA CASE NO. 95-19 NOTICE OF A PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT TO ALLOW A DRIVE-IN BANKING FACILITY (RETAILING ESTABLISHMENT) IN THE B-1 CENTRAL BUSINESS DISTRICT AT 5211 SHORELINE DRIVE NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, August 8, 1995 to consider the issuance of a conditional use permit to allow a Drive-in Banking Facility at 5211 Shoreline Drive (next to Hardee's and in front of Jubilee Foods). Variances are also being requested for the number of parking spaces and to allow a second pylon sign. The legal description of the subject property is summarized as follows: Lots 7 through 20 inclusive, also Lots 26 through 35. PID #13-117-24 34 0072. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Pla/~ning Secretary Mailed to property owners within 350' by July 2.8, 1995. Published in "The Laker" July 24, 1995. printed on recycled paper cc: 8-1-95 Mark Koegler Mark Saliterman MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JULY 24, 1995 CASE 95-19: MARK A. SALITERMAN, 5211 SHORELINE DRIVE, LOTS 7 - 20 & 26 - 35, PID #13-117-24 34 0072. CONDITIONAL USE PERMIT FOR DRIVE-IN BANKING FACILITY. PUBLIC HEARING. The Building Official reviewed the City Planners report. Mr. Saliterman is seeking approval of a conditional use permit and the issuance of variances to allow construction of a new free- standing Norwest Bank building in the parking lot area of Shoreline Plaza, next to Hardee's Restaurant. The proposed bank will contain approximately 3,600 square feet and will have a drive-in facility that includes 4 teller lanes and 1 ATM lane. The teller lanes will be accessed from the west, from the existing Shoreline Plaza parking lot and traffic will loop around the building and exit to the west near an existing driveway curb cut along County Road 15. The proposed bank will replace Norwest's present location in downtown Mound. 19o Saliterman, p, 2 of 4 Planning Commission Minutes July 24, 1995 In order to construct the new bank, the City of Mound will need to approve a conditional use permit prompted by the inclusion of the drive-in portion of the subject proposal, and the City will need to address requested variances involving parking space count and space size, sign placement, impervious cover, and distance between drive-in facilities and residential uses. COMMENTS: Staff has met with the applicant and discussed issues and concerns pertaining to grading, drainage and landscaping. Issues pertaining to grading, drainage and landscaping are largely of a technical nature and can be worked out between City staff and the applicant. Issues highlighted by the Building Official within the Planner's included: 1. A drainage plan needs to be submitted for approval by the city engineer. 2. Lighting. 3. Electronic devices. Parking for the entire center needs to be considered. The site plan identifies a total of 176 parking spaces which is approximately 84% of the required parking amount. The present mix of uses in the Shoreline Plaza shopping center can probably be reasonably serviced by 176 parking spaces. Technical Site Modifications as noted in the Planner's report, including expansion of the existing drive aisle that serves as the entrance to the bank's drive-in area, expansion of all concrete median areas around the bank, and parking lot circulation. 6. Impervious surface coverage variance; to increase from 88% to 98% (approximately). Sign variance. In this case, the property has an extended frontage along County Road 15 and adequate space exists to accommodate the proposed Norwest sign in addition to the relocated shopping center sign, however, since the applicant has not provided any further details, it is assumed that the signs will conform to the City's height, area and placement criteria. RECOMMENDATION: Staff recommended the Planning Commission recommend approval of the conditional use permit and variances pertaining to parking, impervious cover, the placement of two freestanding signs along 1 street frontage, and the electronic devices setback for Norwest Bank subject to the conditions listed in the Planner's Report. The applicant shall prepare the following plans for review and approval by the City Engineer and City Planner: A. Modified Site Plan - The plan shall contain a revised layout that depicts the expansion of the bank drive-in entrance aisle, the expansion of the concrete islands and the resulting modification of the new parking lot east of the existing grocery store. Saliterman, p, 3 of 4 Planning Commission Minutes July 24, 1995 Grading, Drainage and Erosion Control Plan - The plan shall contain existing and proposed contours depicting all grading and identify all required retaining walls. The plan shall also identify storm sewer modifications and improvements and include a copy of all stormwater calculations. Erosion control measures shall also be included. Landscaping Plan - The plan shall show the installation of landscaped island areas edged by poured-in-place curb and gutter in all parking lot islands shown on the site plan with the exception of the islands on either end of the 4 parking spaces on the west side of the site adjacent to Rite Away Oil Change. Landscaping shall also be shown around the bank building, in the sod island area separating Norwest Bank from the shopping center, and along the existing grass boulevard areas abutting County Road 15 and Wilshire Boulevard. Plant material quantities and sizes shall be in conformance with the standards identified in Section 350:725 of the Mound Zoning Code. D. Lighting Plan - The plan shall conform to Zoning Code Sections 350:775 and 350:730. 2. Grading, drainage and erosion control plans shall be reviewed by the Watershed District. With the exception of the placement variance for the two freestanding signs along one street frontage that is granted herein, all signage shall comply with the Mound Sign Ordinance. 4. Construction of all improvements shall be in conformance with all local, state and federal ordinance and permit requirements. 5. The applicant shall complete and submit the required variance application form including corresponding fees prior to the time that this case is heard by the Mound City Council. The applicant shall have a qualified land surveyor complete the required impervious cover calculation form and submit it to the City prior to the time that this case is heard by the Mound City Council. DISCUSSION: Mueller expressed a concern about the plans not being done and having the proposal pushed through. Weiland questioned if enough information has been provided. The Building Official commented that it was staff's opinion the proposal could be approved, with the conditions noted. Bob Seeger, Project Manager, explained to the Commission that this bank will have all the amenities of an ordinary bank with the exception of a safety deposit vault. The ATM will be accessible 24 hours per day and it will be located within the first lane of the drive-thru. Mr. Seeger stated that he has been the bank architect for 15 years. Mark Saliterman clarified that Rite Away Oil is located on a separate parcel, so their sign is separate. Mr. Saliterman commented that they are on a tight budget and they did not want to spend $20,000 on plans for a proposal that may not get approved. This approval is also subject to the approval by Jubilee. Saliterman stated that he has talked with Hardee's. Saliterman, p, 4 of 4 Planning Commission Minutes July 24, 1995 Mueller expressed a concern about stormwater management and questioned why the hardcover should be allowed to be increased. Chair Michael opened the public hearing. There being no one present to speak on the issue, Chair Michael closed the public hearing. Mueller expressed his disappointed that the City Planner, Mark Koegler, was not present. Relating to Mueller's concern about stormwater management and the increase in hardcover, the Building Official stressed the fact that this proposal must also gain approval from the Minnehaha Creek Watershed District. Sutherland confirmed that no construction or grading on the property will be allowed to begin until a grading permit is issued and approval from the MCWD is received. Mueller questioned findings of fact and hardship in order to approve this request. The Building Official suggested that the City Planner can draft findings prior to review by the City Council. MOTION made by Mueller, seconded by Weiland, to recommend approval of the Conditional Use Permit and Variances as recommended by staff to allow construction of a new Norwest Bank building. MOTION carried unanimously. This case will be heard by the City Council at a public hearing on August 8, 1995. STATE OF DEPARTMENT OF NATURAL RESOURCES PHONENO. METRO WATERS, 1200 WARNER ROAD, ST. PAUL, MN 772-7910 July 24, 1995 FILE NO. 55106 RECEIVED JUL 2 6 Mr. Jon Sutherland City of Mound 5341 Maywood Road Mound, MN 55364-1687 RE: Mark A. Saliterman, Conditional Use Permit, (City No. 95-19), Lake Minnetonka (27-133P), City of Mound, Hennepin County Dear Mr. Sutherland: We have reviewed the above-referenced conditional use permit request (received July 20, 1995) and we recommend denial of the conditional use permit request as proposed. The impervious surface of the proposed banking facility would increase from 89% to 98%. This high amount of impervious surface far surpasses the 30% impervious surface limit for shoreland areas. In addition, it did not appear that the applicant has made any effort to improve the quality of runoff through stormwater treatment. We recommend that this proposal be approved only if the applicant agrees to treat the runoff from the site. The Minnehaha Creek Watershed District should be consulted in the writing and implementation of a stormwater management plan for the site. Also note that the adoption of a shoreland ordinance does not automatically creat hardship for property owners. Hardship must be demonstrated to justify receiving a variance, or conditional use permit. The approval of a conditional use permit due to hardship should be based on the following prerequisites: A. The proposed use is reasonable. Be It would be unreasonable to require conformance with the ordinance, practical difficulties may arise due to "functional and aesthetic concerns" and economic considerations alone do not constitute practical difficulty. Ce The difficulty of conforming to the ordinance is due to circumstances unique to the property, such as peculiar topography. If the problem is common to a number of properties in the area, it is not considered unique. AN EQUAL OPPORTUNITY EMPLOYER Mr. Jon Sutherland June 24, 1995 Page 2 D. The problem must not be created by the landowner. The variance or conditional use permit, if granted, must not alter the essential character of the locality. Thank you for the opportunity to comment on this project. you have any questions please contact me at 772-7910. Should Sincerely, Joe Richter Hydrologist c: City of Mound Shoreland File Ed Fick, Shoreland Hydrologist Minnehaha Creek Watershed District, Gene Strommen Hoisi~gton Koegler Group Inc. PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: July 18, 1995 SUBJECT: Conditional Use Permit and Variances - Norwest Bank APPLICANT: Mark A. Saliterman CASE NUMBER: 95-19 HKG FILE NUMBER: 95-5g LOCATION: 5229 - 5271 Shoreline Boulevard and 2330 Wilshire Boulevard EXISTING ZONING: Central Business District (B-1) COMPREHENSIVE PLAN: Commercial BACKGROUND: Mr. Saliterman is seeking approval of a conditional use permit and the issuance of variances to allow construction of a new free-standing Norwest Bank building in the parking lot area of Shoreline Plaza, next to Hardees Restaurant. The proposed bank will contain approximately 3,600 square feet and will have a drive-in facility that includes 4 teller lanes and 1 ATM lane. The teller lanes will be accessed from the west, from the existing Shoreline Plaza parking lot and traffic will loop around the building and exit to the west near an existing driveway curb cut along County Road 15. The proposed bank will replace Norwest's present location in downtown Mound. In order to construct the new bank, the City of Mound will need to approve a conditional use permit prompted by the inclusion of the drive-in portion of the subject proposal, and the City will need to address requested variances involving parking space count and space size, sign placement, impervious cover, and distance between drive-in facilities and residential uses. COMMENT: Approval of a conditional use permit involves submittal and review of a site plan and at the discretion of the City Administrator, also a grading plan, drainage plan, lighting plan and landscaping plan. A detailed site plan has been received as part of this application. Additionally, staff has met with the applicant and discussed issues and concerns pertaining to grading, drainage and Land Use / Environmental · Planning/Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 Norwest Bank CUP and Variances July 18, 1995 Page 2 landscaping. If the subject proposal is approved, it is the opinion of staff that issues pertaining to grading, drainage and landscaping are largely of a technical nature and can be worked out between City staff and the applicant. Significant technical issues will be highlighted in this report as part of the review and discussion of the required conditional use permit and variances. Mound's Zoning Code requires the issuance of a conditional use permit for any type of drive-in business operation. The standards applied to such uses are listed in Section 350:775, Drive-in Business Development Standards. Several requirements of this section need to be noted in this case. Subdivision 1 requires submittal of a drainage plan for approval by the city engineer. Subdivision 7 requires lighting to be designed "so as to have no direct source of light visible from the public right- of-way or adjacent land in residential use." The applicant can comply with both of these provisions and can demonstrate compliance with appropriate plan submittals. Section 350:775 Subd. 5 (E) states, "Electronic devices such as loudspeakers, automobile service order devices, drive-in theater car speakers and similar instruments shall not be located within four hundred (400) feet of any residentially zoned or used property, nor within two hundred (200) feet of any adjacent lot regardless of the principal structure." The proposed Norwest Bank drive-in facility lies approximately 300 feet from the existing townhouses along the south side of Eden Road and 40 feet from the Hardees property line. Although the Eden Road townhome units are located in the business district, the 400' setback provision applies to all residential uses, therefore, a 100 foot variance from the drive-in setback provisions will need to be granted as well as a 160' variance for the property line setback. Hardees Restaurant has a drive-in window that has operated for a number of years without complaints from nearby residents. The Mound Zoning Code also regulates parking. Since the proposed bank will displace parking presently available for the shopping center, parking for the entire center needs to be considered as part of the review of this request. Shoreline Plaza presently consists of two separate buildings with the proposed Norwest Bank occupying a third structure. Application of Mound's parking provisions results in the following parking requirements: Rite Away Oil Change Retail Center Norwest Bank 10 spaces (2 + 4 per bay) 190 spaces (1 per 150 sq. ft.) 9 spaces (1 per 400 sq. fi.) Total Required Parking 209 spaces The site plan submitted with the Norwest Bank CUP application identifies a total of 176 parking spaces which is approximately 84% of the required parking amount. By comparison, Commerce Place received a variance to provide 76% of the parking that is required by City Code (240 spaces vs. 182 spaces provided). Another comparative measure is the standard that is commonly employed by supermarkets and other larger retail uses who typically require a minimum of 5 parking spaces per Norwest Bank CUP and Variances July 18, 1995 Page 3 1,000 square feet of retail building space. If the 1 per 5 standard was applied to the retail portion of this project, the total shopping center parking requirement would be 161 spaces rather than 209 spaces. The present mix of uses in the Shoreline Plaza shopping center can probably be reasonably serviced by 176 parking spaces. Existing uses such as the print shop and Dominos Pizza have very low parking requirements. The Mound Liquor Store's parking needs are oriented more towards readily available, quick turn-over parking rather than a significant quantity of longer term spaces. As a result, staff's concern pertaining to parking is focused more on future uses rather than current businesses. If the center becomes occupied in the future by more "pure" retail uses, the need for additional parking may become a factor. If a parking shortage occurs in the future, how can it be handled? One method of addressing this situation would be to re-stripe the 90 degree spaces in front of the existing grocery store. An angled configuration or a 90 degree parking configuration with narrower drive aisles could supply more parking. Another alternative in the future may be the removal of the old service station that currently houses Rite Away Oil Change. As was mentioned earlier in this report, the Norwest Bank proposal raises a number of technical issues that need to be addressed through a modification of the submitted site plan as well as through submission of additional, detailed plans covering grading, drainage, lighting and landscaping. A suggested modification of the existing site plan involves an expansion of the existing drive aisle that serves as the entrance to the bank's drive-in area and an expansion of all concrete median areas around the bank. The proposed drive aisle entrance at the drive-in bank is 18 feet wide. Although this dimension will allow movement of two vehicles, it is not a "comfortable" minimum. The drive aisle in this location should have a minimum width of 20 feet. Additionally, the concrete median area that surrounds the bank on the south and east sides is shown at 3 feet in width. For safety reasons, the minimum dimension of the median in these areas should be 4 feet. Expansion of the drive-in banking entrance and the expansion of the median witdth will require a reconfiguration of the proposed new parking lot on the east side of the existing grocery store. Expanding the drive aisle and median may also result in the loss of two parking stalls in this area. The site plan also shows a connection between the shopping center and the Hardees Restaurant that lies immediately to the east. In a letter from the applicant dated July 5, 1995, it is indicated that the connection has been removed from the plan. Although it is usually advisable to connect adjacent commercial buildings, the connection is virtually impossible in this case due staff's suggested expansion of the drive-in bank entrance and concrete island, because of circulation needs within the shopping center and because of the bank's need for the drive-in facilities that are shown. The current plan does not identify a shared entrance with Hardees in the northeast corner of the site. This area presently contains a retaining wall and catch basin that collects water from both Hardees Norwest Bank CUP and Variances July 18, 1995 Page 4 and Shoreline Plaza. The site plan prepared by Boarman Kroos Pfister Rudin & Associates does not contain sufficient detail in this area to assess grading and drainage. Detail including proposed contours and spot elevations as well as a drainage plan including drainage calculations for the entire contributing area will need to be prepared by the applicant and reviewed and approved by the City Engineer. The proposed parking configuration does not match existing curb cuts. This situation is most evident along Eden Road in the southwest corner of the site. The applicant will need to modify the circulation in these areas to provide adequate drive aisle widths for two-way vehicle movement. The Mound Zoning Code limits the amount of impervious cover in commercial areas. In this particular case, most of the new improvements will occur in an area that is already covered with bituminous paving, however, parking will be expanded into the undeveloped area immediately east of the grocery store. As a result, the project will need to receive a variance from the impervious cover restrictions contained in the Mound Zoning Code. The variance will need to allow approximately 98% impervious cover of the site. Although the applicant will need to submit impervious cover calculations, it appears that the existing site has coverage of approximately 88%. The site plan identifies locations for two pylon signs along the County Road 15 frontage. The existing shopping center sign is to be relocated to a parking lot island area and a new free standing pylon sign for Norwest Banks is proposed. The letter dated July 5, 1995 differs from the site plan in that it requests that the proposed shopping center sign be placed adjacent to the road right-of-way in a location that is similar to the Hardees sign which is probably non-conforming. Any location less than 10 feet from the road right-of-way will require a sign variance. Furthermore, the Mound Sign Ordinance allows one freestanding sign per street frontage. Since Shoreline Plaza has frontage on two streets, it is allowed a total of two such signs. Placement of both signs along the same street frontage, however, requires a variance. In this particular case, the property has an extended frontage along County Road 15 and adequate space exists to accommodate the proposed Norwest sign in addition to the relocated shopping center sign along the same street frontage. Since the applicant has not provided any further details on proposed signage, it is assumed that the signs will conform to the City's height, area and placement criteria. RECOMMENDATION: Norwest Bank is an important element of Mound's business community. City staff has been working with Norwest over the past two years to keep the business in Mound by finding a site which meets their requirements. The Shoreline Plaza site and the proposal by Mark Saliterman is workable despite the need to resolve a series of minor technical issues. Therefore, staff recommends that the Planning Commission recommend that the City Council approve the conditional use permit and variances pertaining to parking, impervious cover, the placement of two freestanding signs along 1 street frontage, and the electronic devices setback for Norwest Bank subject to the following conditions: Norwest Bank CUP and Variances July 18, 1995 Page 5 The applicant shall prepare the following plans for review and approval by the City Engineer and City Planner: Modified Site Plan - The plan shall contain a revised layout that depicts the expansion of the bank drive-in entrance aisle, the expansion of the concrete islands and the resulting modification of the new parking lot east of the existing grocery store. Grading, Drainage and Erosion Control Plan - The plan shall contain existing and proposed contours depicting all grading and identify all required retaining walls. The plan shall also identify storm sewer modifications and improvements and include a copy of all stormwater calculations. Erosion control measures shall also be included. Landscaping Plan - The plan shall show the installation of landscaped island areas edged by poured-in-place curb and gutter in all parking lot islands shown on the site plan with the exception of the islands on either end of the 4 parking spaces on the west side of the site adjacent to Rite Away Oil Change. Landscaping shall also be shown around the bank building, in the sod island area separating Norwest Bank from the shopping center, and along the existing grass boulevard areas abutting County Road 15 and Wilshire Boulevard. Plant material quantities and sizes shall be in conformance with the standards identified in Section 350:725 of the Mound Zoning Code. Lighting Plan - The plan shall conform to Zoning Code Sections 350:775 and 350:730. Grading, drainage and erosion control plans shall be reviewed by the Watershed District. 3. With the exception of the placement variance for the two freestanding signs along one street frontage that is granted herein, all signage shall comply with the Mound Sign Ordinance. 4. Construction of all improvements shall be in conformance with all local, state and federal ordinance and permit requirements. 5.~he applicant shall complete and submit the required variance application form including correspoding fees prior to the time that this case is heard by the Mound City Council. The applicant shall have a qualified land surveyor complete the required impervious cover calculation form and submit it to the City prior to the time that this case is heai'd by the Mound City Council. FOOTNOTE: After this report was written, staff received a letter dated July 18, 1995 from BKPR (Norwest's architect) outlining site drainange and landscaping. The information provided on drainage /I Norwest Bank CUP and Variances July 18, 1995 Page 6 is simply a concept statement of what will presumably be developed into the grading and drainage plan which will be reviewed by the City Engineer. The landscaping statement identifies only that anticipated improvements will be in the amount of $1,000.00. The proposed landscaping budget is inadequate to meet the City's landscaping requirements. BKPR .\RC~IITE('1 IN FERI£)R DESIGN' [ July 18, 1995 John Sutherland City of Mound - Building Official 5341 Maywood Road Mound, MN 55364 RE: Proposed Norwest Bank at County Road 15 & Wilshire Blvd. Shoreline Plaza Dear Mr Suthedand; Site Drainage: Our intention is to redirect site runoff in two directions, both culminating at the northeast comer of the site where there is an existing catch basin. Highest grade will be west of the Bank's main entrance sloping north and then northeast at the drive-thru exit straight toward the catch basin. Heading south from the Bank's entrance runoff will follow the drive-thru entrance south curb, across the drive-thru lanes and then north along the east curb to the catch basin. We have incorporated drainage swails to drain the far northeast corner of the site that Hardees is currently using and also from the high point of the new southeast parking area. Landscaping: Improvements will be in the amount of $1,000.00. The landscape design is subject to the City Commission's approval. Sincerely, BOARMAN KROOS PFISTER RUDIN & ASSOCIATES, INC. Kim Simpson, Pr~ct cc: Mark Saliterman Bob Seeger John Cameron Mark Koegler fc: JB/JC/KS/1174.50 h\proJ\wSO\b\2-ksl B O A R M A N L IR () 'd') S r* F ! S T E R R U D I N &. A 5 S C) C [ A T E S Planning Commission Date: City Council Date: Distribution: VARIANCE APPLICATION CITY OF MOUND 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 t4AY 1 2 1995 May 22, 1995 Application Fee: $50.00 June 13, 1995 City Planner Public Works City Engineer r-/. Iq -q _~-'2 DNR Other Please type or print the following information: Address of Subject Property, 5229 -5271 Shoreline Blvd. Lot Lots 7 thru 20 incl. also Lots 28 thru .35' Addition Shirley Hills Unit F and 2324 - 2330 Wilshire Blvd. Block 001 PID No. 13-117-24 34 0072 District Owner's Name Owner's Address 4301 Highway 7 B- 1 Use of Property: Mark A. Saliterman. Suite 100 St. Commercial - Shopping Center Day Phone 920-8282 Louis Park, MN 55416 Applicant's Name (if other th~an owner) Address Day Phone Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure fdr this property? (X) yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions: Headliners Bar conditional use is no longer effective as the business is closed. Dominos - Application date 3/25/87 - gesOlution'# 87-80- 'Actien't~ken- Granted ... Larsan-Printin~ - Application date'8/1/88 - Resoluti,on # 88-118'- Action'taken - Granted Detailed descfipton of proposed construction or alteration (s~e, number ofstofies, type of use, etc.): One stor' buildin~ including drive up facility. Main building is approximately 3600 sq. ft. In addition; a second pylon sign is requested. Variance Application (11/93) Page 2 Case No. Do the existing structures comply with all area, height, bulk, and setback regulations for the zoning district in which it is located? Yes {(), No (). If no, specify each non-conforming use (describe reason for variance request, i.e. setback, lot area, etc.): SETBACKS': N/^ required requested VARIANCE (or existing) Front Yard: (NSEW) Side Yard: ( N S E W ) Side Yard: ( N S E W ) Rear Yard: ( N S E W ) Lakeside: ( N S E W ) : (NSEW) Street. Frontage: ~ ~ Does the present use of the property located9. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. ft. sq ft sq ft sq ft sq ft Yes (X), No (). sq ft sq ft conform to all regulations for the zoning district in which it i' If no, specify each non-conforming use: e Which unique physical characteristics of the subject property prevent its reasonable use for any of the uses permitted in that zoning district? ( ) too narrow (X) too small ( ) too shallow ( ) topography ( ) soil ( ) drainage ( ) existing situation ( ) shape ( ) other: specify Please describe: The parking necessary per code is slightly higher than the parkin§ available on the property. This is due to the problem of puttinq the bank on the ' property and achieving a proper drive through and traffic pattern along with the high number required by code. Variance Application (11/93) Page 3 Case No. Was the hardship described above created by the action of anyone having property interests in the land after the zoning ordinance was adopted (1982)2 Yes (X), No (). If yes, explain: The parkin'g requirements and signage ordiance was changed after the property was owned. Was the hardship created by any other man-made change, such as the relocation of a road? Yes (), No (X). If yes, explain: Are the conditions of hardship for which you request a variance peculiar only to the property described in this petition? Yes (X), No (). If no, list some other properties which are similarly affected? 9. Comments: 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 notices as may be required by law. ,wner's Signature /~'~~/~~'/ Date 4/29/95 Application for CONDITIONAL USE PER_NIIT City of Mound 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Planning commission Date: City Council Date: Distribution: City Planner: City Engineer: Public Works: Other: May 22, 1995 June 13, 1995 Case No. ConditiOnal Use Permit Fee: $200.00 Please t~pe or print the following information: PROPERTY Subiact Address 5229-5271 Shoreline Blvd. & 2324-2330 Wilshire Blvd. ~NFORMATION Name of Business Norwest Bank LEGAL kotLOtS 7 thru 20 incl. also Lots26 thr.u Block 001 DESCRIPTION 3 b Subdivision PID# 13-117-24 34 0072 APPLICANT The applicant is: Xownar other: Name Mark A. Saliterman Xddr,ss 4301 Highway 7 Suite 100 St. Louis Park, MN 55416 Phone (H) 544-5937 (w). 920-8282 (M) Name OWNER (if other than Address applicant) Phone (H) (W) (M) Name Bnarm~rP,-Kroos Pfister Rudin & Associates ARCHITECT, SURVEYOR, OR Address 222 North Second Street Minneapolis~ MN 55401 ENGINEER .. Phone (H) 339-3752 (VV) .... 339-6212 ZONING Circle: R-1 R-lA R-2 R-~3 (~ B-2 DISTRICT CHANGEOF FROM: B-1 (Correct Zoninq) USE TO: B-1 With a drive through facility. Bankinq rev, 12/7/94 Conditional Use Permit Application Page 2 Description of Proposed Use: I wish to build a bank facility which will be leased to N0rwest Bank with a drive through and automatic teller machine. EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps'taken to mitigate or eliminate the impacts. This use will reduce the available parking for the shopping center, however the remnval of Headliners Bar will increase available parking. Traffic at the shopping center will increase but CountS Rd 15 has been redone and can handle it. In addition, the traffic to the area will actually improve due to the relocation of Norwest Bank from downtown to Shoreline Plaza. If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the completion, of the proposed development. Estimated Development Cost of the Project: $ 250:000. to $350,000. I will personally guarantee completion of the building as I am developing the project and I own the shopping center. Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? (~ yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Headliners Bar conditional use is no longer effective as the business is closed. Dominos _ Application date 3/25/87 ~ Resolution'# 87-80 - Acti~n'taken - Granted Lars~-Printinq - Application date' 8/1/88- Res~lUti'~)n # 88-118- Action'taken - Gr;,nte~ ~pplicant' s Signature P~operty Owner's Signature 4/29/95 Date 4/29/95 Date The SAC charge is not applicable as the closing of Headliners Bar gives the property sufficient SAC charges. rev, 12/7/94 WILSHIRE BOULEVARD ~ ~lc ~A IL4. ADDRESS: ZONE: REQ, LOT AREA: EXIST. LOT AREA: SURVEY ON FILE?(YEgNO LOT OF RECORD? YES /NO/? REQUIRED STREET FRONTAGE/WIDTH: EXISTING LOT WIDTH: EXISTING LOT DEPTH: REQUIRED SETBACKS PRINCIPAL BUILDING/HOUSE FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W 15' LAKESHORE: TOP OF BLUFF: 50' {measul 50' (measured from O.H.W.) :d from O.H.W.) ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W FRONT: N S E W SIDE: N S E W 4' or 6' SIDE: N S E W 4' or 6' REAR: N S E W 4' LAKESHORE: TOP OF BLUFF: EXISTING AND/OR PROPOSED SETBACKS: PRINCIPAL BUILDING/HOUSE FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: TOP OF BLUFF: HARDCOVER CONFORMING? YES / NO / ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: TOP OF BLUFF: IS THIS PROPERTY CONFORMING? BY: This General Zoning Information Sheet only summarizes a porl~ion YES / NO / ? DATE: of the requirements outlined in the City of Mound Zonir Ordinance. For further information, contact the City of Mound Planning Department at 472-0600. EDEN I/ Hoislngton Koegler Group Inc. mc! MEMORANDUM TO: Mound City Council and Staff FROM: Mark Koegler, City Planner DATE: August 3, 1995 SUBJECT: St. John's Parking Lot - Tree Preservation Policy The City of Mound has had a tree preservation policy as a component of its Zoning Ordinance for a number of years. The purpose of the policy is to "preserve wooded areas throughout the City and with respect to future site development, to retain, as far as practicable, substantial existing tree cover." During the Planning Commission's review of the St. John's Church parking lot conditional use permit, the issues of tree preservation and the application of the policy to the proposed development were raised. As proposed, the church parking lot will require the removal of a substantial amount of existing tree cover. Removal of existing trees is not precluded by the Tree Preservation Policy. The ordinance does, however, contain a number of tests that need to be satisfied. The most significant of the tests is the requirement that "it is the duty of the person seeking the permit to demonstrate that there are no feasible or prudent alternatives to the cutting of trees on the site." At the Planning Commission meeting, representatives of the church stated that they conducted a three year study of their parking needs and potential solutions and that the current proposal emerged as the most viable option. Therefore, it can be reasonab!v concluded that they have addressed the issue of feasible alternatives. One of the conditions placed on the approval by the Planning Commission calls for the applicant to submit a landscaping plan for review and approval by staff. Review and approval of that plan will be accomplished consistent with the landscaping requirements identified in the Zoning Ordinance including the provisions found in the Tree Preservation Policy. Land Use / Environmental · Planning / Design 7300 Metro Boulevard/Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 RESOLUTION #95~~ RESOLUTION TO APPROVE A CONDITIONAL USE PERMIT FOR A CHURCH LOCATED WITHIN THE R-1 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT TO ALLOW THE CONSTRUCTION OF A NEW PARKING LOT LOCATED ON SCHOOL DISTRICT PROPERTY FOR ST. JOHN'S LUTHERAN CHURCH 2450 WILSHIRE BLVD. & 2451 FAIRVIEW LANE, T~ACTS A THROUGH G, INCLUSIVE, REGISTERED LAND SURVEY NO. 739, & THAT PART OF BLOCK 2, SHIRLEY HILLS UNIT D, PID'S 24-117-24 12 0014, 0058 & 0059 P&Z CASE #95-30 WHEREAS, St. John's Lutheran Church, together with Independent School District #277, have applied for a Conditional Use Permit to allow for the construction of a new parking lot, and; WHEREAS, the Mound Zoning Ordinance allows Churches and Public Schools to operate within the R-1 Single Family Residential Zoning District by Conditional Use Permit, and; WHEREAS, the proposal involves the construction of one new parking lot and the expansion of an existing lot. The new construction will actually occur on property owned by Independent School District #277 (Shirley Hills School) and it will be used by both the school and the church. An agreement between the two parties will be established, and; WHEREAS, the expansion of the existing parking lot will occur on church property, southeast of the existing building, and; WHEREAS, Mound's Zoning Ordinance addresses parking under Section 350:760. That section allows parking serving a principal use to be off-site providing it is controlled either by "deed or long-term lease." It is the church's plan is to lease the property from the school district and the school will have use of the facility during off-peak church hours, and; WHEREAS, Mound's Zoning Ordinance requires all new parking lots to have either concrete or bituminous surfacing and concrete curb. Both proposed parking lots comply with this requirement, and; WHEREAS, the church's building committee has investigated other parking alternatives through a three year study, and this location was found to be the best due to topography, and; WHEREAS, the Planning Commission has reviewed the request and recommended approval, with the conditions as recommended by staff. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: Proposed Resol u tion St. John's p. 2 The City Council does hereby approve a Conditional Use Permit for St. John's Lutheran Church to construct a new parking lot and expand an existing parking lot and hereby approves a parking space width variance of one foot subject to the following conditions: ae A copy of the lease agreement between the school district and St. John's Church shall be submitted to the city prior to release of the final conditional use permit resolution. Be The applicant shall submit a landscaping plan for review and approval by city staff. Said plan shall be approved prior to construction. Ce The applicant shall have a registered land surveyor prepare and submit impervious cover calculations for the two lots that contain the proposed parking lot expansion. De The project shall comply with all applicable codes and permit requirements. Eo Furnish stormwater calculations for the easterly parking lot which may require revisions to the curb openings and/or erosion control. Fe Connect the concrete curb of the proposed westerly parking lot to the curb radius of the entrances from Maywood Road. Ge The grading, drainage and erosion control plans to be approved by the MCWD. Ho Construction of all improvements shall be in conformance with all local, state and federal ordinance and permit requirements. This Conditional Use Permit is granted for the following legally described property: Church Property PID 24-117-24 12 0014: Tracts A through G, inclusive, Registered Land Survey No. 739, according to the plat thereof of record in Hennepin County, Minnesota; subject to road easement over the north 33 feet of Tracts A, B, C, and G of said Registered Land Survey; together with: Proposed Resol u tion St. John's p. 3 PID 24-117-24 12 0058: That part of block 2, Shirley Hills Unit D, lying southeasterly of the southeasterly line of Tract F, Registered Land Survey No. 739, and northeasterly of the southeasterly extension of the southwesterly line of Tract G of said Registered Land Survey No. 739, according to the plats thereof of record. School Property PID 24-117-24 12 0059: That part of Block 2, Shirley Hills Unit D, according to the plat thereof of record in Hennepin County, Minnesota, which lies northeasterly of County Road No. 125 (Wilshire Boulevard); excepting that part thereof which lies southeasterly of the southeasterly line of Tract F, Registered Land Survey No. 739, and northeasterly of the southeasterly extension of the southwesterly line of Tract G, said Registered Land Survey No. 739, according to the plat thereof of record. Subject to road easement over the north 33 feet thereof. This Conditional Use Permit shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PUBLIC HEA RING NO TICE CITY OF MOUND MOUND, MINNESOTA CASE NO. 95-30 NOTICE OF A PUBLIC HEARING TO CONSIDER THE ISSUANCE OF A CONDITIONAL USE PERMIT FOR ST. JOHN'S LUTHERAN CHURCH TO ALLOW A PARKING LOT EXPANSION AT 2451 FAIRVlEW LANE NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, August 8, 1995 to consider the issuance of a conditional use permit for St. John's Lutheran Church, located within the R-1 Single Family Zoning District, to allow a parking lot expansion. A variance to the parking stall size requirement is also being requested. The subject property is located at 2451 Fairview Lane and 2450 Wilshire Blvd. The legal description is summarized as follows: Tracts A - G, RLS No. 739, PID #24-117-24 12 0014, and; That part of Block 2, Shirley Hills Unit D, PID//24-117-24 12 0058, and; That part of Block 2, Shirley Hills Unit D, PID//24-117-24 12 0059. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. P'~-ggy ~la~ef~, Plar~ning Secretary Mailed to property owners within 350' by July 26, 1995, and published in The Laker on July 24, 1995. printed on recycled paper MOUND CITY CODE SECTION 350:725 Section 350:725. Landscapinq and Tree Preservation· SUbd. 1. Minimum Landscapinq Requirements. All open areas of a lot which are not used or improved for required parking areas, drives or storage shall be landscaped with a combination of overstory trees, ornamental trees, shrubs, flowers, ground cover, decorative walks or other similar site design materials in a quantity and placement suitable for the site. A reasonable attempt shall be made to preserve as many existing trees as is practicable and to incorporate them into the development. Sttbd. 2. Minimum Number of Trees - Landscaping. The minimum number of overstory trees on any given site shall be as indicated below. These are minimum requirements that are typically supplemented by other understory trees, shrubs, flowers and ground covers deemed appropriate for a complete quality landscape treatment of a site. ae Commercial, Industrial, and Institutional sites shall contain at a minimum, the greater of: One (1) tree per 1,000 square feet of gross building floor area, or One (1) tree per 50 lineal feet of site perimeter. Multiple Family residential sites shall contain at a minimum: one (1) tree per dwelling unit. Sub~. 3. Minimum Size of Plantings - Landscaping. Required trees shall be of the following minimum planting size: A. Deciduous trees - 2.5 inches of caliper diameter. Coniferous trees - 6 feet in height. Ce Deciduous shrubs - 2 feet in height. De Evergreen shrubs - 2 feet in height or 2 feet in width whichever applies. Subd. 4. Species -Landscapinq. ao Ail trees used in site developments shall be indigenous to the appropriate hardiness zone and physical characteristics of the site. 79 3/15/93 MOUND CITY CODE SECTION 350:725, SUBD. 4. B. Be Ail deciduous trees proposed to satisfy the requirements herein shall be long-lived hardwood species. Ce The compliment of trees fulfilling the landscaping requirements shall be not less than 25 percent deciduous and not less than 25 percent coniferous. Subd. 5. Sodding and Ground Cover - Landscaping. Ail areas not otherwise improved in accordance with approved site plans shall be sodded or seeded. Subd. 6. Maintenance - LandscaDing. In all districts, required landscaping shall be maintained so as not to be unsightly or present harmful health or safety conditions. Dead plant materials shall be replaced promptly· Subd. 7. Tree Preservation Policy - Landscaping. ae It is the intent of the City of Mound to preserve wooded areas throughout the City and with respect to future site development, to retain, as far as practicable, substantial existing tree cover. Bo Credit for the retention of existing trees which are of acceptable species, size and location may be given to satisfy the minimum number requirements set forth in this section. The following restrictions shall apply to all development occurring in wooded areas: Structures shall be located in such a manner that the maximum number of trees shall be preserved. Prior to the granting of a building permit, it shall be the duty of the person seeking the permit to demonstrate that there are no feasible or prudent alternatives to the cutting of trees on the site. Forestation, reforestation or landscaping shall utilize a variety of tree species and shall not utilize any species presently under disease epidemic. Species planted shall be hardy under local conditions and compatible with the local landscape. 80 3/15/93 cc: Mark Koegler 8-1-95 MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JULY 24, 1995 CASE 95-30: ST. JOHN'S LUTHERAN CHURCH, 2451 FAIRVIEW LANE, TRACTS l-G, RLS 739 & P/BLOCK 2, SHIRLEY HILLS UNIT D, PID 24-117-24 12 0014, 0058 & 0059. CONDITIONAL USE PERMIT FOR PARKING LOT EXPANSION. PUBLIC HEARING. Building Official, Jon Sutherland, reviewed the City Planners Report. BACKGROUND: St. John's Lutheran Church is seeking conditional use permit approval to expand parking serving the existing church. The proposal involves the construction of one new parking lot and the expansion of an existing lot. The new construction will actually occur on property owned by Independent School District #277 (Shirley Hills School) and it will be used by both the school and the church. An agreement between the two parties covering the parking area either is in place or soon will be. The expansion of the existing parking lot will occur on church property, southeast of the existing building. The primary issues raised by this proposal are related to engineering including grading and drainage. Engineering issues are being addressed by the City Engineer under a separate report. Planning issues are focused on the issuance of the conditional use permit and the issuance of required variances. Both schools and churches are conditional uses in the residential zones. Accordingly, expansion of the church's parking facilities requires the issuance of a permit. Mound's Zoning Ordinance addresses parking under Section 350:760. That section allows parking serving a principal use to be off-site providing it is controlled either by "deed or long-term lease." In this case, it is staff's understanding that the church will lease the property from the school district and the school will have use of the facility during off-peak church hours. Mound's ordinance also requires all new parking lots to have either concrete or bituminous surfacing and concrete curb. Both proposed parking lots comply with this requirement. 4 /l St, John's, p, 2 of 3 Planning Commission Minutes July 24, 1995 RECOMMENDATION: Staff recommended the Planning Commission recommend approval of a conditional use permit for St. John's Church to construct a new parking lot and expand an existing parking lot and hereby approves a parking space width variance of one foot subject to the following conditions: 1. A copy of the lease agreement between the school district and St. John's Church shall be submitted to the City prior to release of the final conditional use permit resolution. 2. The applicant shall submit a landscaping plan for review and approval by City staff. Said plan shall be approved prior to construction. 3. The applicant shall prepare and submit impervious cover calculations for the two lots that contain the proposed parking lot expansion. 4. The project shall comply with all applicable codes and permit requirements. In addition, City Engineer, John Cameron, recommended approval subject to the following conditions: 1. Furnish stormwater calculations for the easterly parking lot which may require revisions to the curb openings and/or erosion control. 2. Connect the concrete curb of the proposed westerly parking lot to the curb radius of the entrances from Maywood Road. 3. The grading, drainage and erosion control plans to be approved by the MCWD. 4. Construction of all improvements shall be in conformance with all local, state and federal ordinance and permit requirements. Representing the applicant were Michael Cox of Wold Architects and Bob Bonnema of the St. John's Building Committee. Mr. Bonnema stated that St. John's is in need of more parking and they have worked out an agreement with the School for this proposal. The agreement will expire in one year if the parking lot is not constructed. Mueller stated that the proposed parking lot is an inappropriate use of wooded land and he questioned the application of Mound's Tree Preservation Policy to this case, the City Planner did not address this section of the Zoning Ordinance. Mueller noted that there is plenty of optional parking available in the area, such as the GTE parking lot across the street. Chair Michael confirmed that staff will ask the City Planner to address this issue. Mr. Bonnema stated that they can try to save some of the trees. Mueller commented that recently a number of large, very nice trees were unnecessarily removed from the church property, and now they want to remove more. Weiland believes that this is a good plan for the church and school to work together on establishing and sharing this parking lot. Weiland suggested that the church could plant some trees to replace some of those which will be removed. St, John's, p, 3 3 Planning Commission Minutes July 24, 1995 Surko questioned if other parking alternatives were considered. Michael Cox explained that after a three year study, this is the solution they found. Cox noted that it would be difficult for elders and children to cross an icy street, and this location was the best due to topography. They are planning to provide some landscaping and to plant trees along the boarder of the parking lot. Michael commented that it would be nice to see a landscape plan. Surko feels that the proposed location is good for both the church and school as it is contiguous to both, and it will enable better use by the elders and children. Bonnema stated that the church will be maintaining the parking lot and plan to use a skimmer system in the winter. MOTION made by Surko, seconded by Weiland, to recommend approval of the conditional use permit to allow a parking lot expansion, as recommended by staff. It is also recommended that the City Planner address the Tree Preservation Policy and its relation to this request, prior to hearing by the City Council. Motion carried 5 to 1. Those in favor were: Surko, Weiland, Michael, Glister, and Hanus. Mueller was opposed. Mueller commented that he opposed because there was no landscape plan, the City Planner did not acknowledge the Tree Preservation Policy, and there are no hardships or findings of fact for approval. This case will be heard by the City Council on August 8, 1995. Hoisington Koegler Group Inc. PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: July 19, 1995 SUBJECT: Conditional Use Permit APPLICANT: St. John's Lutheran Church CASE NUMBER: 95-30 HKG FILE NUMBER: 95-5i LOCATION: 2450 Wilshire Boulevard EXISTING ZONING: Single Family Residential (R- 1) COMPREHENSIVE PLAN: Residential BACKGROUND: St. John's Lutheran Church is seeking conditional use permit approval to expand parking serving the existing church. The proposal involves the construction of one new parking lot and the expansion of an existing lot. The new construction will actually occur on property owned by Independem School District//277 (Shirley Hills School) and it will be used by both the school and the church. An agreement between the two parties covering the park~g area either is in place or soon will be. The expansion of the existing parking lot will occur on church property, southeast of the existing building. The primary issues raised by this proposal are related to engineering including grading and drainage. Engineering issues are being addressed by the City Engineer under a separate report. Planning issues are focused on the issuance of the conditional use permit and the issuance of required variances. Both schools and churches are conditional uses in the residential zones. Accordingly, expansion of the church's parking facilities requires the issuance of a permit. Mound's Zoning Ordinance addresses parking under Section 350:760. That section allows parking serving a principal use to be off-site providing it is controlled either by "deed or long-term lease." In this case, it is staff's understanding that the church will lease the property from the school district and the school will have Land Use / Environmental · Planning / Design 7300 Metro Boulevard / Suite 525 · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 St. John's Lutheran Church CUP July 19, 1995 Page 2 use of the facility during off-peak church hours. Mound's ordinance also requires all new parking lots to have either concrete or bituminous surfacing and concrete curb. Both proposed parking lots comply with this requirement. The only remaining planning issues are related to parking space size, landscaPing requirements and kinerVious cover restrictions. g Space Size: The Mound Zoning Code requires off-street parking spaces to have a minimum nsion of 10 feet by 20 feet. The proposed parking stalls are 9 feet by 20 feet resulting in a one space width variance. In the past, the City has typically allowed off-street parking variances to blish spaces with a minimum size of 9 feet by 18 feet. Landscaping: A landscaping plan was not submitted as part of the conditional use permit application. The applicant will need to prepare a landscaping plan and submit it for staff review and approval. Impervious Cover Restrictions: The Mound Zoning Code limits lots to a total impervious cover limitation of 30%. The new parking lot is not within the shoreland zone and therefore, is not subject to this provision. The expansion of the existing lot is within the shoreland zone so it is subject to the impervious cover limitation. It appears that the total hard surface area is approximately 23% which is under the 30% threshold. RECOMMENDATION: Staffrecornmends that the Planning Commission recommend approval of a conditional use permit for St. John's Church to construct a new parking lot and expand an existing parking lot and hereby approves a parking space width variance of one foot subject to the following conditions: A cop3, c~f the lease agreement between the school district and St. John's Church shall be submitted to the City prior to release of the final conditional use permit resolution. The applicant shall submit a landscaping plan for review and approval by City staff. Said plan shall be approved prior to construction. The applicant shall prepare and submit impervious cover calculations for the two lots that contain the proposed parking lot expansion. 4. The project shall comply with all applicable codes and permit requirements. M~MOUND~95-5~STJOHNS.RPT McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone Engineers 612_/476-6010 Planners 612/476-8532 FAX Surveyors ENGINEERING MEMO DATE: TO: FROM: SUBJECT: CASE NO.: FILE NO.: July 18, 1995 Mound Planning Commission and Staff John Cameron, City Engineer~ C.U.P. St. John's Lutheran Church 95-30 MFRA #10961 BACKGROUND: St. John's Lutheran Church is requesting approval of a conditional use permit to allow construction of a new parking lot on the Shirley Hills Elementary School property and minor expansion of the existing lot on the church property, southeasterly of the building. The new parking lot is proposed to be constructed between and connected to both the church and school's existing parking lots. COMMENTS: A grading, drainage and erosion control plan along with drainage calculations for the new westerly lot have been furnished for review. These same items have been submitted to the Minnehaha Creek Watershed District (MCWD). This same plan includes grading and erosion control for the reconstruction of the existing parking area east of the building. No drainage calculations were provided for this area. The westerly lot is designed to drain into a temporary retention pond and then to the City's existing storm sewer system in Maywood Road. This retention pond would be dry except immediately after rains. A portion of the side slope for the proposed pond is located within the right-of-way for Maywood Road which is a designated Municipal State Aid (MSA) street. The improved width of Maywood Road is presently 36' face of curb to face of curb. Minimum standards for a 2 lane, low density MSA collector street with parking on both sides requires 38'. An Equal Opportunity Employer ~ ~'~ ~ Mound Planning Commission and Staff July 18, 1995 Page 2 Therefore, if this street were to be reconstructed with MSA funds, it would need to be widened by 2 feet. The existing right-of-way for Maywood Road is 66 feet, whereas the minimum MSA requirement is only 60 feet. It appears the pond could be constructed as shown and still allow for future reconstruction of Maywood Road. The maintenance of the skimmer structure and the pond should remain the responsibility of the applicants, not the City. The proposed concrete curb and gutter along the north side is shown as ending at the edge of the existing bituminous on both the school's and church's lot. This curb should be continued north to the City street and connected to the existing curb at the two entrances. This may require curb openings to allow runoff from the existing lots to enter the pond. The proposed reconstruction of the easterly parking lot will increase the hard cover of the bituminous by approximately 30% from 8,300 S.F. to 10,800 S.F., and includes concrete curb and gutter. Two curb openings are shown as discharge points for runoff from the reconstructed lot. Drainage calculations have not been provided for this area; therefore a review cannot be completed to determine if the two curb openings and rip-rap are sufficient. RECOMMENDATIONS: The proposed parking lot construction appears to be a viable project with some minor alterations; therefore, we recommend approval subject to the following conditions: e Furnish stormwater calculations for the easterly parking lot which may require revisions to the curb openings and/or erosion control. Connect the concrete curb of the proposed westerly parking lot to the curb radius of the entrances from Maywood Road. The grading, drainage and erosion control plans to be approved by the MCWD. Construction of all improvements shall be in conformance with all local, state and federal ordinance and permit requirements. p: ms: 10961/memoT-19 A0¢ieation for CONDITIONAL USE PERMIT City of Mound 5 3 41 Maywood Road, Mound, MN 5 5 3 6 4 Phone: 472-0600, Fax: 472-0620 s.s..o, qS- O Conditional Use Permit Fee:. $200.00 Distribution: City Planner: ~' I'~-~ City Engineer: ,, Public Works: ~t Other: Please type or print the following information: INFORMATION LEaAL Lot~-----~:~ /¥'[T',;~,~c> '~'~ Block Plats DESCRIPTION APPUCANT The applicant is: __owner ~ other: I OWNER epplican~}~- ASCH~ECT, SURV~OR. OR Address ~GINEER Phone (H) (W) ~' ~ % (M) ZONING Circle:~ R~ R-lA R-2 R-3 8-1 B-2 8-3 DISTRICT us~ ~v, 12/7/94 ~ ]~.4F~ul iz61,~'~/-,tTg O~ lei-o" bulDT/4. .3~.I~ ~ Conditional Use Permit Application Page 2 EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts. If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the completion of the proposed development. Estimated Development Cost of the Project: $ Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? (~) yes, (.$ no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. f'o$ orz Applicant · Property Owner' s Signature Date rev, 12/7/94 3UL 06 '95 14:35 CLARK ENGINEERING CO .... PARKING LOT LI~ASE DESCRIi~TION St. John Lutheran Church All that part of Block 2, Shirley ~ills Unit D, accordin~ to the plat thereof o£ record in ~ennepin County, Minnesota, more particularly described as follows: Beginning at the northeast corner of said Block 2, being in the north line of the Northwest Quarter of the Northeast Quarter of Section 24, Township 117, Range 24, and being also the. northwest corner of Tract G, Registered Land Survey No. 739, according to the 2]~t ~.?r~f ~f record; thence southerly along the easterly line of said Block 2, being also the westerly line of s=id Trs~ct G, a distance of 190.00 feet; thence westerly, deflecting to the right 90 degrees 00 minutes 00 seconds, a distance of 256.17 feet~; thenc~ northerly, deflecting to the right 90 degrees 00 minutes seconds, to the north line of said Block 2, being also the north line of the Northeast Quarter of the Northwest Quarter .of said Section 24; thence easterly along said north line to the North Quarter Corner of said Section; thence easterly along said north line, being also the north line of said Northwest Quarter of the Northeast Quarter, to the point of beginning. Subject to road easement over the north 33 feet thereof. Page I of 2 CEC/J~C July 6, 1995 WP: 95001.DES / Civil disk SUL 0~ '95 1~:~5 CLR~K EHGIHEERIHG CO ~XISTING PARCEL D~$CRIPTIONS Church Property--2451 Fairview Lane, Mound MN 55364 PID 24-117-24-12-0014: Tracts A through G, inclusive, Registered Land Survey 'No- 739, according to the plat thereof of record in Hennepin iCounty., Minnesota; subject to road easement over the north 33 !feet of Tracts A, B, C, and G of said Registered Land Survey;. together with: ~ PID 24-117-24t12-0058: That part ~ ~iock 2, Shirley Hills ~nit D, lying southeasterly of the southeasterly line of Tract F, Registered Land Survey No. 739, and northeasterly of the southeasterly extension icl the southwesterly line of Tract G of said Registered Land Survey No. 739, according to the plats thereof of record. School Property--2450 Wilshire Blvd., Mound MN 55364 PID 24-117-24-12-0059 That part of Block 2, Shirley Hills Unit D, according to the plat thereof of record in HenneDin County, Minnesota, which lies northeasterly of County Road No. 125 (Wilshire Boulevard); excepting that part thereof which lies southeasterly, of the southeasterly line of Tract F, Registered Land Survey No. 739, and northeasterly of the southeasterly extension of the southwesterly line of Tract G, said Registered Land Survey No. 739, according to the plat thereof o~ record. Subject to road easement over the north 33 feet thereof. Page 2 of 2 CEC/JVC July 6, 1995 WP: 95001.DES / Civil disk il , / ./ / / / ',/ LOC ATION: Regisf,ered Land Survez NO. 739, HeF, nepin C..~un.f)', Minnesota. BENCHMARK: ¢',oo, elevation of Sh;riey H~IIs .Prirnc~ry ::,choot E!e.~of,ion = 966.'>r~,_,, k~,'."it~.., c;f Mour, d dctun-,~, GENERAL NOTES' 1. Properf'/ ,*-,rem Gross = 156,99_A sq t,'. or ~ '~ Rood. = i._'"' .... 5.63 sq ft ,-,r ,_-: 24-25 acres Net = !45,435 sq ft.. o? 3._3,317 ccres ~ Hard ~" ' · '~ ~' -~06 _ ,. ~ov,=,_r Area E;uilding = .,,~, s,2. ft..~r 0.~-,144 acres 8 A Bfq EL FR H M 1! TR Denotes tree. 1'"~.. SP Der, of. es spruce Drives and Porl~:,ng = 49.938 sq f.t .:r 0.9,398 ,';olJ,;$ = 4 A7q sq. ff or <}.1120 acre5 Denotes ,ash. Denotes birch. Dena(es butternut. [)enc,!es elm [)enotes fr_:it. ~n,)ies hOckb~rrv Dem:,tes mop e Denotes Topography from survey prepared by $choell & Madson, Inc. dated 04/29/94.' LUM~'R SPACER BLOCX$ TO ~ TOP VIEW ALL ~ .~L EXTEND 30' MIN ~IT0 ~M~ANKME~T CONNECT TO £X~t1NG 15' CUP NOT~$: i) FA~T~) WITH CADMIUM PLATrD CAU~ ALL JOINTS ALL ~ SHA~,L ~ Pr~TA-'I'R~ATED ANO S~,I~aER ELEVAIION TIMBER SIDE VIEW SKIMMER DETAIL 17- 3 ' I A F S £ STRUCTURE NEENAH SIZE TOP INVERT SIZE LENGTH ~; GRADE NUMBER CASTING (iINCHES~ ELEV. ELEV. &: TYPE &&MH 1 R- 1735 27 ~61 N 958.0 FI~S ? 12 958.0 $2' RCP '14 0.5 CB 3 R-3067 24 x 36 9613 95~,1 WEARING C_.OURS[ P~R' MN./OOT 2331,--I TACK COAT ~ MN/0OT 25~7 TYI='~ 41A I --CLASS 5 A,GGR[GAI~ (100~ ~). BINDER COURSE PER MN/DOT 2331. t F~R MN/DOT 315~ CO~AC/F..D TO AT TYPE 31A L[AST IO0~ STANDAR~ PROCTOR DF..N~TY, /, .............. , ............. ;::,:::/~,:J/~' ..:- .... . , . :;.~ ~,.. ~...:,_'..:.. ;..-.'.. ,,,. SCN~IF~ ANO I~COMPACT SU~GR~ TO AT I~AST 100~ STANDARD PROCTOR ~'-- 12' DEN~TY-PROOF ROLL PER UN/DOT 2111 BITUMINOUS PAVEMENT ALL PLaN O&~'SK)NS ~ /- AR[ TO FAC[ OF CURB 3' R~, 1/2' R ~ ,3/4' I~ FOOT~ Z ~*'-'~"" *'--~--'~ I. ~2' J. ~'J NO'II: DIR[CTION OF TRARSV[RSE OUTTF. R .~4J)PE TO MATCH D~RECTIO~ OF A~ACENT PAVEMENT SLOP[ B612 CURB AND GUTTER HANDICAP PARKING SIGN R .SOLUT ON RESOLUTION TO APPROVE A CONDITIONAL USE PEI~IT TO ALLOW THE OPEI~TION OF MINOR AUTO REPAIR FACILITY & OPEN SALES LOT IN THE B-2 GENEI~L BUSINESS ZONING DISTRICT FOR SHORELINE AUTOMOTIVE, 4831 SHORELINE DRIVE, LOTS 1-4, 21 & PART OF 5 & 20, BLOCK 1, SHIRLEY HILLS UNIT PID 13-117-24 44 0014, P&Z CASE #95-28 WHEREAS, Robert Schumack, applicant, and Robert Williams, owner have applied for a Conditional Use Permit to use the subject site for the following purposes. 2. 3. 4. 5. 6. Minor Auto Repair Tire Repair Valve Jobs Service Maintenance on Vehicles Gas Welding Open Sales Lot (Total number of vehicles not to exceed 10) WHEREAS, the Mound Zoning Ordinance defines "Automobile Repair, Minor" as, "The replacement of any part or repair of any part which does not require the removal of the engine head or pan, engine, transmission or differential; incidental body and fender work, minor painting and upholstering service when said service above is applied to passenger automobiles and trucks not in excess of 7,000 pounds gross vehicle weight." and; WHEREAS, since 1969, this property has received 9 different conditional use permits. The basis of the original permit approval is the site's use as a motor fuel station. During the past year, the principal use has changed from a motor fuel station to a minor auto repair facility and open sales lot, and; WHEREAS, all of the proposed uses are currently allowed on the site. Uses no longer being required are "motor fuel station" and "sales of small miscellaneous fishing tackle and live bait," and; WHEREAS, the location of the site is at the entrance to the city of Mound and across the street from the community sign making this business visibly prominent, and; WHEREAS, the subject property is located in the B-2 General Business Zoning District which allos Minor Auto Repair and Open Sales Lots by Conditional Use Permit, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval, with the conditions as recommended by staff. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: Proposed Resolution Shoreline Auto p. 2 The City Council does hereby approve a Conditional Use Permit for a "minor auto repair facility" replacing all previous permits and specifically allowing the following: A® B. C. D. E. F. Minor Auto Repair Tire Repair Valve Jobs Service Maintenance on Vehicles Gas Welding Open Sales Lot, limited to a total of 10 vehicles on- site, three (3) of which can be on the north side of the site and seven (7) of which may be behind the fence area. St ~ f-u~--r~o]~4~e~~ approval of the uses is subject to the following conditions: Ail signage on the property, including signs painted on windows, shall comply with the Mound Sign Ordinance. No signage shall be placed on any fencing. Be Vehicles for sale on the site shall be limited to a total of ten (10), three (3) of which can be parked in the area on the north side of the property as shown on Exhibit 95- 1 and seven (7) of which must be parked within the fence enclosure. Co Because of the limited interior garage capacity of the existing structure, vehicles allowed to be repaired and parked on the site shall be limited to automobiles, vans and light trucks. Repairs or parking on the premises of dual axle commercial trucks, semi tractors and/or trailers, buses, motor homes and similarly sized vehicles is expressly prohibited. De No major mechanical overhauls shall occur on the premises. Eo The total number of vehicles parked on the site outside of the fenced area shall be limited to a maximum of 15, not including one vehicles per employee working on the premises. Fe Vehicles parked within the fenced enclosure shall be limited only to vehicles awaiting service and a maximum of seven (7) vehicles for sale. The parking and storage of wrecked, junk or abandoned vehicles within or outside of the fenced enclosure is expressly prohibited. Ge There shall be no storage of repair or refuse parts visible to the public. Proposed Resolution Shoreline Auto p. 3 Se Wooden fencing shall be maintained in good condition at all times and worn or broken boards shall be replaced immediately. Gates shall be closed at all times except when transferring vehicles into and out of the enclosed area. J. There shall be no boat storage or repair on the premises. K. This conditional use permit shall be reviewed annually. This Conditional Use Permit is granted for the following legally described property: Lots 1 to 4 inclusive and Lots 20 and 21, and that part of the vacated alley lying Northeasterly of a line drawn from the Northwest corner of Lot 4 to the Southwest corner of Lot 20, all in Block 1, Shirley Hills Unit A. This Conditional Use Permit shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PUBLIC HEARING NO TICE CITY OF MOUND MOUND, MINNESOTA CASE NO. 95-28 NOTICE OF A PUBLIC HEARING TO CONSIDER A MODIFICATION TO A CONDITIONAL USE PERMIT TO CHANGE THE PRINCIPAL USE FROM "MOTOR FUEL STATION" TO "MINOR AUTO REPAIR AND OPEN SALES LOT" AT 4831 SHORELINE DRIVE (SHORELINE AUTOMOTIVE) LOTS 1 - 4, 21 AND P/5 AND 20, BLOCK 1, SHIRLEY HILLS UNIT 'A', PID 13-117-24 '1.~ 0014 NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, Auqust 8, 1995 to consider a modification to a conditional use permit to change the principal use of the property from Motor Fuel Station to Minor Auto Repair and Open Sales Lot at 4831 Shoreline Drive (Shoreline Automotive), legally described as follows: Lots I to 4 inclusive and Lots 20 and 21, and that part of the vacated alley lying Northeasterly of a line drawn from the Northwest corner of Lot 4 to the Southwest corner of Lot 20, all in Block 1, Shirley Hills Unit A. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. Pe~g-y J~es~ Plan~ing Secretary Mailed to property owners within 350' by July 26, 1995, and published in The Laker on July 24, 1995. printed on recycled paper OF A M'EETING OF MOUND ADVISORY PLANNING COMMI, SION JULY 10, 1995 CASE 95-28: ROBERT SCHUMACK & ROBERT WILLIAMSt SHORELINE AUTOMOTIVE, 4831 SHORELINE DRIVE, LOTS 1-4t21 &P[$ & 20, BLOCK 1, SHIRLEY HILLS UNIT A~ PID 13-117-24 44 0014. CONDITIONAL US~ PERMIT - MINOR AUTO REPAIR & OPEN SALES LOT. PUBLIC HE~RING. City Planner, Mark Koegler, reviewed the staff report. Since 1969, this property has received 9 different conditional use permits, cumulatively accounting for all of the allowed uses on the parcel. The basis of the original permit approval is the site's use as a motor fuel station. During the past year, the principal use has changed from a motor fuel station to a minor auto repair facility and open sales lot. The location of the site is at the entrance to the City of Mound and across the street from the community sign making this business visibly prominent. Staff suggested that both functional and aesthetic factors be applied when reviewing the proposed change in use of this site. The applicant's proposal involves using the subject site for the following purposes. 2. 3. 4. 5. 6. Minor Auto Repair Tire Repair Valve Jobs Service Maintenance on Vehicles Gas Welding Open Sales Lot (Total number of vehicles not to exceed 10) Ail of the proposed uses are currently allowed on the site. Uses no longer being required are "motor fuel station" and "sales of small miscellaneous fishing tackle and live bait. In the case of motor fuel stations, vehicle repairs have been a secondary rather than primary use. The change from the principal business activity being a motor fuel station to the principal activity being a minor auto repair facility will increase the potential number of vehicles to be parked on the site for longer periods of time. This raises the questions of possibly limiting the total number of vehicles allowed to be parked on the site. The proposed uses are currently allowable on the site and the permit modification is being completed in order to bring the principal business activity on the property in line with the permit. Staff recommended that the Planning Commission recommend the City Council approve a conditional use permit for a "minor auto repair facility" replacing all previous permits and specifically allowing the following: Planning Commission Minutes July 10, 1995 2. 3. 4. 5. 6. Minor Auto Repair Tire Repair Valve Jobs Service Maintenance on Vehicles Gas Welding Open Sales Lot, limited to a total of 10 vehicles on- site, three (3) of which can be on the north side of the site and seven (7) of which may be behind the fence area. It is further recommended that the approval of the uses is subject to the following conditions: Ail signage on the property, including signs painted windows, shall comply with the Mound Sign Ordinance. signage shall be placed on any fencing. on Vehicles for sale on the site shall be limited to a total of ten (10), three (3) of which can be parked in the area on the north side of the property as shown on Exhibit 95-1 and seven (7) of which must be parked within the fence enclosure. Because of the limited interior garage capacity of the existing structure, vehicles allowed to be repaired and parked on the site shall be limited to automobiles, vans and light trucks. Repairs or parking on the premises of dual axle commercial trucks, semi tractors and/or trailers, buses, motor homes and similarly sized vehicles is expressly prohibited. 4. No major mechanical overhauls shall occur on the premises. Se The total number of vehicles parked on the site outside of the fenced area shall be limited to a maximum of 15, not including one vehicles per employee working on the premises. Se Vehicles parked within the fenced enclosure shall be limited only to vehicles awaiting service and a maximum of seven (7) vehicles for sale. The parking and storage of wrecked, junk or abandoned vehicles within or outside of the fenced enclosure is expressly prohibited. Storage and/or sales of used auto parts shall be expressly prohibited. Wooden fencing shall be maintained in good condition at all times and worn or broken boards shall be replaced immediately. Gates shall be closed at all times except when transferring vehicles into and out of the enclosed area. 10. There shall be no boat storage or repair in the premises. 11. This conditional use permit shall be reviewed annually. Planning Commission Minutes July 10, 1995 It was questioned if a valve job is considered a major overhaul. Surko questioned the definition of a major overhaul. Clapsaddle questioned what are the negatives of allowing major overhauls. Chair Michael opened the public hearing. Jim Bedell stated that he is in favor of the proposal. Steve Bedell stated that he is also in favor and that he prefers to see the building occupied. Phil Hasch stated that the property is clean now and they do not want to see the property sit vacant. Robert Williams, owner of the property, stressed to the Commission that he is financially committed to the property and he want to make money because the taxes on the property are $6,000.00. He has been in the automobile business for 41 years and would like to see this property become a used car lot. He received an estimate of $30,000 to remove the gas pumps from the property, which is something he would like to do. He would like to find a way to make this property work. He wants the place to look nice. He would be willing to come back with a revised plan to make this property a used car lot. The Building Official would not sign their license for automobile sales until this conditional use permit was modified. John Fitzgerald, representing the Vern Jensen estate, stated that a used car lot will not up-grade the value of the surrounding land, and he objects to the proposal. Chair Michael closed the public hearing. Clapsaddle commented that there is nothing inherently undesirable about a used car lot, if it is properly designed. Mr. Williams commented that he would like to amend their request tonight, if possible. City Planner, Mark Koegler, stated that the public hearing notices would have to be revised to indicate that the primary use of the property would be an open sales lot. The applicant confirmed that they are not selling fuel. MOTION made by Mueller, seconded by Voss, to recommend approval of the conditional use permit, as recommended by staff, including the following conditions, as amended: All signage on the property, including signs painted on windows, shall comply with the Mound Sign Ordinance. No signage shall be placed on any fencing. Planning Commission Minutes July 10, 1995 10. 11. Vehicles for sale on the site shall be limited to a total of ten (10), three (3) of which can be parked in the area on the north side of the property as shown on Exhibit 95-1 and seven (7) of which must be parked within the fence enclosure. Because of the limited interior garage capacity of the existing structure, vehicles allowed to be repaired and parked on the site shall be limited to automobiles, vans and light trucks. Repairs or parking on the premises of dual axle commercial trucks, semi tractors and/or trailers, buses, motor homes and similarly sized vehicles is expressly prohibited. No major mechanical overhauls shall occur on the premises. The total number of vehicles parked on the site outside of the fenced area shall be limited to a maximum of 15, not including one vehicles per employee working on the premises· Vehicles parked within the fenced enclosure shall be limited only to vehicles awaiting service and a maximum of seven (7) vehicles for sale. The parking and storage of wrecked, junk or abandoned vehicles within or outside of the fenced enclosure is expressly prohibited. There shall be no storage of repair or refus~ parts visible to the public. Wooden fencing shall be maintained in good condition at all times and worn or broken boards shall be replaced immediately. Gates shall be closed at all times except when transferring vehicles into and out of the enclosed area. There shall be no boat storage or repair in the premises. This conditional use permit shall be reviewed annually. Planning Commission July I0, 1995 Koegler reviewed the definition of "Automobile Repair, Major" as written within the Zoning Ordinance. It was noted that this conditional use permit would specifically allow "valve jobs." eventhough it may be considered major auto repair. MOTION carried unanimously. This case will be heard by the City Council on August 8, 1995. 10 Hoisington Koegler Group Inc. PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: June 29, 1995 SUBJECT: Conditional Use Permit APPLICANT: Robert Schumack CASE NUMBER: 95-28 HKG FILE NUMBER: 95-5i LOCATION: 4831 Shoreline Drive (Shoreline Automotive) EXISTING ZONING: General Business (B-2) COMPREHENSIVE PLAN: Commercial BACKGROUND: Since 1969, the subject property in this case has received 9 different conditional use permits, cumulatively accounting for all of the allowed uses on the parcel. The basis of the original permit approval is the site's use as a motor fuel station. Over the years, various owners added other uses depending on their interests and market conditions at the time. During the past year, the principal use changed fi.om a motor fuel station to a minor auto repair facility and open sales lot. Accordingly, the applicant has applied for a conditional use permit reflective of this change in use. COMMENT: During the review of conditional use permits for this property over the past 10 years, the location of the property has played a key role all discussions. The location of the site at the entrance to the City of Mound and across the street fi.om the community sign makes this business visibly prominent. As a result, past reviews have focussed on proposed uses as well as the functional, visual and aesthetic impacts of such uses. Staff suggests that both functional and aesthetic factors be again applied to review of the proposed change in use of this site. 7300 Metro Boulevard / Suite 525 Land Use / Environmental · Planning / Design · Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 Shoreline Automotive Conditional Use Permit June 29, 1995 Page 2 The aPi~licant's proposal involves using the subject site for the following purpgse~: 2. Tire Repair y.~,- ~,~,~c~ / 3. Valve Jobs ~[ 4. Service Maintenance on Vehicles 5. Gas Welding 6. Open Sales Lot (Total number of vehicles not to exceed 10) All of the proposed uses are currently allowed on the site. Uses no longer being required are motor fuel station and sales of small miscellaneous fishing tackle and live bait. It is staff's understanding that the principal aspect of the business will be the repair of vehicles for either 1) private customers, 2) for other vehicle dealerships or 3) for vehicles acquired and offered for sale on the premises. The principal customer base of a motor fuel station is transient. Individuals purchase gasoline and small convenience items and are typically on-site for no more than 5 minutes. In the case of motor fuel stations, vehicle repairs have been a secondary rather than primary use. The duration of parking at a use that is principally a vehicle repair facility is significantly different, particularly if the repair is not being done for a private individual who usually wants to be without the vehicle for the shortest possible time. The change from the principal business activity being a motor fuel station to the principal activity being a minor auto repair facility will increase the potential number of vehicles to be parked on the site for longer periods of time. This raises the question of possibly limiting the total number of vehicles allowed to be parked on the site. RECOMMENDATION: As was mentioned earlier, the proposed uses are currently allowable on the site and the permit modification is being completed in order to bring the principal business activity on the property in line with the permit. Therefore, staff recommends that the Planning Commission recommend that the City Council approve a conditional use permit for a minor auto repair facility replacing all previous permits and specifically allowing the following: 3. 4. 5. Minor Auto Repair Tire Repair Valve Jobs Service Maintenance on Vehicles Gas Welding Open Sales Lot, limited to a total of 10 vehicles on-site, three (3) of which can be on the north side of the site and seven (7) of which may be behind the fenced area. It is further recommended that the approval of these uses is subject to the following conditions: All signage on the property including signs painted on windows shall comply with the Mound Sign Ordinance. No signage shall be placed on any fencing. Shoreline Automotive Conditional Use Permit June 29, 1995 Page 3 Vehicles for sale on the site shall be limited to a total often (10), three (3) of which can be parked in the area on the north side of the property as shown on Exhibit 95-1 and seven (7) of which must be parked within the fenced enclosure. Because of the limited interior garage capacity of the existing structure, vehicles allowed to be repaired and parked on the site shall be limited to automobiles, vans and light trucks. Repairs or parking on the premises of dual axle commercial trucks, semi tractors and/or trailers, busses, motor homes and similarly sized vehicles is expressly prohibited. 4. No major mechanical overhauls shall occur on the premises. o The total number of vehicles parked on the site outside of the fenced area shall be limited to a maximum of 15 not including one vehicle per employee working on the premises. Vehicles parked within the fenced enclosure shall be limited only to vehicles awaiting service and a maximum of seven (7) vehicles for sale. The parking and storage of wrecked, junk or abandoned vehicles within or outside of the fenced enclosure is expressly prohibited. 7. Storage and/or sales of used auto parts shall be expressly prohibited. o Wooden fencing shall be maintained in good condition at all times and worn or broken boards shall be replaced immediately. o Gates shall be closed at all times except when transferring vehicles into and out of the enclosed area. 10. There shall be no boat storage or repair in the premises. 11. This conditional use permit shall be reviewed annually. EXHIBIT 95-1 Parking Area. 3 "For Sale" Vehicles Application for CONDmONAL USE PERMIT 5341 ~ood Road, ~o~d~ ~ 55364. Phone: 472-0600, Fax: 472-0620 Planning Commission Date:~%~ 10,~ iqq~ · City Council Date: ~15,~- ~ lq~ Distribution- ~: '; Public ~o~ks: Othe~: Case No. ~ Conditional Use Permit Fee: $200.00 Please type or print the following information: PROPERTY Subiec, Address ~%~ \ ~~~"~_,~_ ~)%[~ INFORMATION Name of Business . DESCRIPTION / "' -- APPUCANT The applicant is: __owner ~ other: '~ In ~ ~ - / OWNER ~ epplicsnt} Phone (H) ~ ~~ (W) 3~[ '~ (M) Name ARCHITE~, SURV~OR, OR Address ~GINEER Phone (H) (W) (M) ZONING Circle: R-1 R-lA R-2 R-3 B-1 ~ B-3 DISTRICT rev. 12/7/94 Condi=ional Use Permit Application Page 2 EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts. If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the completion of the proposed development. Estimated Development Cost of the Project: $ Has an application ever been made for zoning/ variance, conditional use permit, or other zoning procedure for this property? 6/) yes, ( ) no. If yes, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Applicant's Signature Property Owner's Signature Date rev, 12/7/94 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 June 15, 1995 Mr. Robert Schumack, Owner Shoreline Automotive 4831 Shoreline Drive Mound, MN 55364 RE: REQUEST FOR ZONING APPROVAL OF USED AUTO SALES LICENSE AND STATUS OF CONDITIONAL USE PERMIT AT 4831 SHORELINE DRIVE Dear Mr. Schumack: I have again reviewed the current operation of your business and the Conditional Use Permit (CUP) history of your property with our City Planner and City Attorney. We have determined that you are not in conformance with the existing CUP for the subject property, and I cannot sign your request for zoning approval for an automobile sales operation at this time. As I stated in my last letter of May 5, 1995, the primary use allowed by the existing CUP, Resolution #93-40, is a motor fuel station associated with minor auto repairs. This CUP was issued to a Mr. Patrick Andre of Freedom Oil Co., it allowed the sale of a specific number of used cars as a secondary use on the property, the primary use was a motor fuel station. A motor fuel station has a number of associated uses that were also listed within the CUP. Motor fuel stations and auto repair shops are both conditional uses within the B-2 General Business Zoning District, this means they may be allowed with certain conditions and one must apply for a CUP to operate this type of business. You currently operate an automobile repair shop, and you are seeking to gain approval to operate an open sales lot. This operation is no longer consistent with what is permitted or contemplated by the current CUP. The impact of your business is significantly different than the previous use of the property. The nature of the business has changed, and the impact of your current use falls outside the parameters of the CUP. pr~nle~l on recycled paf3er Mr. Robert Schumack 4831 Shore#ne Drive June 15, 1996 Page 2 City staff would like to work with you to accommodate your business, and request that you submit the enclosed CUP application. In our previous discussions it was my understanding you intended to submit a CUP application as soon as possible, however you missed the deadline because the information you needed to assemble was not ready. For your reference, I have included a full history of the CUP's issued for this property, and also another CUP application for your use. Please note the next application deadline is June 22, 1995. In the event an application is not received, staff will request that the City Manager put theissue on the following City Council agenda in order to address your nonconforming business operation, and staff will suggest that enforcement action be taken. You must operate within the parameters of the existing CUP until such date that a new CUP is approved by the City Council. I would be happy to meet with you to go over the application or discuss any questions you may have. Thank you for your time and efforts in working with me on this issue. Jon Sutherla~rd Building Official JS:pj Enclosures cc: Mark Koegler, City Planner Ed Shukle, City Manager File CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (6121 472-0600 FAX (612) 472-0620 May 5,1995 Mr. Robert Schumack Shoreline Automotive, Inc. 4831 Shoreline Drive Mound, MN 55364 SUBJECT: CONDITIONAL USE PERMIT VIOLATIONS AT 4831 SHORELINE DRIVE Dear Mr. Schumack: I have reviewed the current operation of your business with our City Planner and found that you are not in conformance with the existing conditional use permit (CUP) for the subject property. The primary use allowed by the CUP is a motor fuel station associated with minor auto repairs that are typical with that type of use. There are other regulations that are outlined within the CUP that you are not in conformance with. It appears that the principal use of the property as a traditional fuel station has changed. During a recent site inspection, I found that the gas pumps were not accessible, and you confirmed they are no longer in service. You further stated that you are repairing cars for your business of used auto sales. The principal use now resembles an open sales lot. I have included a copy of the CUP (Resolution #93-40) for your reference and also a CUP application for you to submit as soon as possible. You must operate within the existing CUP until such date that a new application is processed by the City Council. I would be happy to meet with you to go over the application or discuss how you can gain temporary compliance. You are allowed no more than ten (1 0) cars for sale, and no more than three (3) cars may be parked in the location as noted on the site plan (Exhibit A to the Resolution). A majority of the cars parked on the lot during my inspection were related to your used car business, and there were 20 plus cars on the site at that time. You must reduce the number of cars on the site to be in compliance. 4831Shore/ine Drive May 5, 1995 Page 2 I am unable to sign your dealer license at this time until you are in conformance, or.a modified CUP is approved by the Council. Respectfully, Building Official JS:pj Enclosures cc: Owner: Rober~ A. Williams, 19 S. 1st St., Apt. 2003B, Minneapolis, MN 55401 91 April 13, 1993 RESOLUTION #93-40 RESOLUTION TO AMEND THE CONDITIONAL USE PERMIT FOR HARRISON BAY MOBIL IN THE B-2 GENERAL BUSINESS ZONING DISTRICT TO ALLOW AN "OPEN SALES LOT" AT 4831 SHORELINE DRIVE~ LOTS I TO 4, LOTS 20 AND 21, BLOCK 1, SHIRLEY HILL~ UNIT A, PID %13-117-24 44 0014, P&Z CASE ~93-006 WHEREAS, Applicant, Patrick Andre for Freedom Oil (Harrison Bay Mobil) has applied for a Conditional Use Permit to allow the operation of an Open Sales Lot, specifically the sale of no more than five (5) used cars at one time, at 4831 Shoreline Drive, and WHEREAS, The Mound Zoning Ordinance defines an Open Sales Lot as: "Any land used or occupied for the purpose of buying and selling goods, materials, or merchandise and for the storing of same under the open sky prior to sale." WHEREAS, The subject property is located in the B-2 General Business Zoning District which allows Open Sales Lots by Conditional Use Permit, and; WHEREAS,. Existing Conditional Use Permits on this property allows the following activities: 2. 3. 4. 5. 6. 7. 8. Motor fuel station. Minor automotive repairs. Valve jobs. Tire repairs. Service maintenance on automobiles. Gas welding. A vehicle impoundment area. Sales of small miscellaneous fishing tackle and live bait. WHEREAS, This property is located at one of the primary entrances to the City of Mound, therefore, visual impact is an issue, and WHEREAS, The impact of five additional vehicles parked on the property could be concluded to be relatively minor, however the cumulative effect of all the uses on this site could be more significant, and WHEREAS, The Planning Commission has reviewed the application and recommended approval with 7 voting in favor and 2 opposing. The motion was approved with conditions. 91 April 13, 1993 NOW, THEREFORE, BE IT RESOLVED by the City Council of the City Of Mound, Minnesota, as follows: The city Council approves the Conditional Use Permit for Harrison Bay Mobil to allow the operation of an Open Sales Lot at 4831 Shoreline Drive, contingent upon the following conditions: Ce No more than ten 10) cars shall be for sale on the premises at one time and that no more than three (3) cars be parked in the location noted on the site plan (Exhibit A). Ail future signage must conform to City Code, except for the free standing "Mobil" sign which has already received a variance. Except as modified herein compliance with those conditions in Resolutions 92-!20, 87-126, 87-27, and 86- 176, shall be adhered to and subject to the following: 1) The use of seasonal signs on the property shall be limited to 1 sign advertising the subject business (or any other business), regardless of placement location, not exceeding 48 square feet. of area, not exceeding a two month duration per occurrence and not occurring more than two times per year. Existing illegal temporary signs shall be removed immediately. 2) No major mechanical overhauls shall occur on the premises. 3) Ail wrecked, abandoned and impounded vehicles shall be stored within the fenced enclosure. There shall be no retail sales of live bait and/or sales of small miscellaneouse fishing tackle. Sales of fishing equipment, rods, reels, boats, motors and trailers shall be expressly prohibited. Storage within the fenced area shall include only abandoned, wrecked and impounded vehicles referred by the Mound Police Deparmtent and vehicles resulting from normal business repair operations. Except that there may be seven (7) cars stored in this area which are for sale. 6) Storage and sales of used auto parts shall be expressly prhobited. 92 April 13, 1993 7) Wooden fencing shall be maintained in good condition at all times and worn or broken boards shall be replaced immediately. 8) No signage shall be placed on any fencing. 9) Gates shall be closed at all times except when transferring vehicles into and out of the enclosed area. 10) The conditional use permit shall be reviewed annually. 11) There shall be no boat storage on the premises. Ail applicable ordinances and statues be complied with prior to the issuance of this Conditional Use Permit and all fees and penalties for existing building violations shall be paid prior to issuance of this permit by the City Building Official. All existing sales in violation of the Zoning Ordinance shall cease and desist within 30 days and the use shall be brought into compliance with the Ordinance and this permit within said time period. This Conditional Use Permit is granted for the following legally described property: Lots i to 4 inclusive and Lots 20 and 21, and that part of the vacated alley lying Northeasterly of a line drawn from the Northwest corner of Lot 4 to the Southwest corner of Lot 20, all in Block 1, Shirley Hills Unit A. This Conditional Use Permit shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember Jensen and seconded by Councilmember Jessen. The following voted in the affirmative: Ahrens, Jensen, Jessen, Johnson and Smith. 93 April 13, 19~3 Attest: City Clerk The following voted in the negative: ~o~e. 94 RESOLUTION #93-40, EXHIBIT 'A' Zll September 22, 1992 RESOLUTION %92-120 RESOLUTION TO APPROVE A SIGN SETBACK VARIANCE FOR HARRISON BAY MOBIL AT 4831 SHORELIN~ DRIVe, LOTS I TO 4 INCLUSIVE AND LOTS 20 AND 21, AND THAT PART OF THE VACATED ALL~Y, BLOCK 1, SHIRLEY HILLS UNIT ~, PID %13-117-24 44 0014, P&Z CASE NUHBER 92-051 WHEREAS, Pat Andre of Harrison Bay Mobil, applicant, has applied for a setback variance for a free standing sign to City Code Section 365; and WHEREAS, An existing sign base located approximately 3' from the property line and approximately 12 ' from the closest curb line is to be used; and WHEREAS, The proposed 3.5' x 8' sign will project into the public right-of-way approximately 1' resulting in a -1' setback variance request; and WHEREAS, The height (15.5') and area (28 square feet) of the proposed sign are conforming; and WHEREAS, A free standing sign at this location will not obstruct traffic along either Bartlett Blvd. or Shoreline Drive; and WHEREAS, Free standing signs in the B-2 Zoning District cannot exceed 25' in height, 48 square feet in size, and must be setback 10' from the public right-of-way; and WHEREAS, The Planning Commission has reviewed the request and recommended approval. The Planning Commission found that the variance to utilize the existing sign base is consistent with section 23.506.1 of the Mound Code of Ordinances. In reaching this conclusion, the Commission considered the following factors: 1) property was taken to accommodate intersection construction, 2) that the pole has been used historically for free standing signs and it does not obstruct vision for vehicle operators, and 3) there is an inordinately large amount of green space between the sign and the adjacent traveled right of way. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby approve a -1' setback variance for a free standing sign at 4831 Shoreline Drive upon the following conditions: 211 · 275 November 2S, 198& · '.. RESOLUTION N0..8&-' 176 RESOLUTION TO CONCUR ~/ITH THE PLANNING COIq~ISSION TO APPROVE SETBACR VARIANCE FOR PART OF LOTS 1 THROUGH ~, 20 ANO 21, BLOCK.1,'SHIRLEY HILLS UNIT A PlO I 13-117-2k q4 O01k (k831 Shoreline Boulevard) P & Z CASE NO. 86-559 ~/HEREAS, Ben Halinsl~1, c~ner of the p'roperty described as part of Lots I through ~, 20 and 21, Block !, Shirley Hllls Ll~lt A, PlO # 13-117-2k kk O01k (k831 Shoreline Boulevard)' has applled for a varlance In setback to the front' yard.to allow' the construction of .a 6 foot hlgh ~ood privacy fence.within required 30. foot front yard setback; and : I~tEREAS, Exhibit A has al'so been submitted to Indicate ~he requested setbacks of zero feet to the'east property l~ne; and · b~IEREAS, t~he Clty Code Section. 23.b,l$Ck) al'lows a four' foot fence In the front yard location In the B-'2 General Bu$1ness O~strlct; and ~/HEREAS, the Plannlng Co~nlsslon has revlewed the req...uest and does .recommend approval of the setback variance w~th conditions: "' 'NOV, THEREFORE, BE 1T RE. SOLVED that the Clty' Count11 of the City of Hound, Hinne$ota, does hereby approve the two foot fence height va~'lance to a11c a privacy fence constructed In the required 30 foot setl~ack as sho~. cm Exhibit fbr part of Lots 1 through 1~, 20 and 21, Block 1,*Shlrley H~l]s Unlt A, PI0 13-117-2~ q4 0014 (k831 Shorel. ine B'oulevard) upon the condition that ti~e cu~ adopted resolutions 70-.302, 70-302A, 70-~02~" allowlng a conditional Use permit for tl~e property be modlfled If any aban~loned vehicles are to be stored o~ the p ~'eml scs. The foregoing resolution ~as moved by CouncTlmember Smith and seconded by Councllmember Peterson. The following Counc11'members. voted ~n the afflrmatlve: dessent Paulsen, Peterson,. Polston and Smlth. The following Councllmembers voted In the negative:,. none. " I~a¥or Attest: City Clerk - 162 July 1~, 1~87 EESOLUTION NO, 87-126 RESOLUTION AUTHORIZIN~ A (IDNDITIONAL USE PERMIT FOR OPERATION OF A VEHICLE IMPOUNDMENT AREA, $~RVIC~ $TATION/VEHIC~.~. R~PAIR (MINOR) FACILITY AND SAT.~ OF SMALL MISCEL~US FISHING TACKLE AND LIVE BAIT AT 4831 $~ORELINE BOULEVARD, PID %13-117-24 44 0014, P & Z C~SE ~ 87-644 WHEREAS, the City Council on June 23, 1987, held a public hearing pursuant to 'Sectic~ 23.505 of the Mound Code of Ordinances, to consider the issuance of a Conditional Use Permit for PID .%13-117-24-440014 for the sale of · small' miscellaneous fishing tackle and live bait; and WEEREAS, the use of the subject property PID %13-117-24-440014 Ls governed by four previous Conditional Use Permits 70-302, 70-302A,. 70-30ZB and B7r27; and ~S, it is the desire of the Mound City CoUncil to consolidate the previous permits and combine them with the permit for sales of small miscellaneous fishi~.g tackle and live bait; and - ?- WEEREAS, the subject property is within the B-2, General Business Zone which allows motor fuel stations, retail sales, minor auto .repair and a'ssoc!ated vehicle storage by Conditional Use Permit; and ~ WHEREAS, the Planning Commission reviewed the request and does recommend approval; and WHEREAS, all persons wishing to be heard were heard. N~W, THEREFCRE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, that the Conditional Use Permit is hereby granted ~or the following US~S: 2. 3. 4. 5. 7. Motor Fuel Station Minor Automotive Repairs Valve Jobs Tire Repairs Service Maintenance on Automobiles Gas Welding Vehicle Impoundment Area Sales of Small Miscellaneous Fishing Tackle and Live Bait BE IT FURTHER RESOLVED that the aforementioned uses shall be subject to the following conditions: 1. No major mechanical overhauls shall occur on the premises. Ail wrecked, abandoned and impounded vehicles shall be stored within the fenced enclosure. July 1'4, 1B87 Retail sales shall be limited to llve bait and the sales of small miscellaneous fishing tackle only. Sal.es of fishin~ equipment, rods, reels, boats, motors and trailers shall be expressly prohibited~ All signage for the busines~ shall be brought into conformance with the Mound Sign Ordinance. Existing illegal temporary signs shall be removed immedlately. Storage wi:thin the fenced area shall include only abandoned, wrecked and impounded vehicles referred by the Mound Polic~ Department and ~ehicles resulting from normal business repair operations. Storage and sales of used auto parts shall be expressly prohibite~l~ ?. Wooden fencing shall be maintained in good condition at all times and worn or broken boards ~hall be replaced immediately.. 8. No signage shall be,placed on any fencing..... ~. .Gates shall be closed at all times e~.cept when transferring vehicles into and out of the enclosed area. 10. The conditional use permit shal. 1 be reviewed annually. 11. There shall be:no boat storage on the premises. 12. All applicable ordinances and statutes be complied with prior to the issuance of this Conditional Use Permit and all fees and penalti~ for existin~ building violations shall be paid prior to issuance of this permit by the City Buildin~ Official. All existing sales in violation of the Zoning Ordinance shall cease and desist within 30 days and the use shall be brought into compliance with the Ordinance and this permit within said time period. Applicabl'e provisions of Resolutions 70-302, 70-302A,. 70-302B and 87-27 are hereby incorporated into this permit...resolution rendering the four previous resolutions null and void. The foregoing resolution was moved by C~uncilmember Jessen and seconded b~ Councilmember Johnson. The following Councilmembers voted in the affirmative: Abel, Jensen, Jess.n, Johnson and Smith. The following Councilmembers voted in the negative: none · Attest: City Clerk F. ebt'uary 10, 1987 RESOLUTION NO. 87-Z7 RESOLUTION AUTHORIZING A CONDITIONAL USE PERMIT FOR OPERATION OF A VEHICLE IMPOUNDMENT AREA AND SERVICE STATION?VEHICLE REPAIR (MINOR) FACILITY AT 4831 SHORELINE BOULEVARD, PlO #13-117-24,44 0014 P & Z CASE #86-567 WHEREAS, the City Council on February 10, 1985 held a public hearing pursuant to Section 23.505 of the Mound Code of Ordinances, to consider issuance of a Conditicnal Use Permit for PID %13-117-24-440014 for the operation of a vehicle impoundment area; and W~EREAS, the use of the subject property PID %13-117-24-440014 goyerned by three urevious conditicnal use permits 70-302, 70-302A and 70-302B; WHEREAS, it is the desire of the Mound City Council to consolidate the previous permits and combine them with the permit for' operation of the impoundment area; and WHEREAS, the subject property is within the B-2, General Business Zcne which allows motor fuel stations, minor auto repair and associated vehicle storage by conditional use permit; and W~EREAS, the Planning Commission has reviewed the request and · recomme~ approval; and WHEREAS, all persons wishing to be heard were heard. NOW, THERe, BE IT RSSOL~ by the City Council of the City of Mound, Minnesota, that the conditional use permit is hereby granted for the following uses: 2. 3. 4. 5. 6. Motor Fuel Station Minor Automotive Repairs Valve Jobs Tire Repairs Service Maintenance on Automobiles Gas Welding 7. · Vehicle Impoundment Area BE IT FURTHER RESOLVED that the aforementioned uses shall be subject to the following conditions: 1. No major mechanical overhauls shall occur on the premises. e All .wrecked, abandoned and impounded vehicles shall be stored within ~he fenced enclosure. February 10, 1987 Storage within the ~enced area shall include only abandoned, wrecked and impounded vehicles re~erred by the Mound Police Department and vehicles resultin~ from normal business repair operations. 4. Storage and sales of used auto parts shall be expressly prohibited. Wooden fencing shall be maintained in good condition at all times and worn or broken boards shall be replaced immediately. No signage s~ll be placed on any fencing. Gates shall ~e closed at all times except whe~ transferring ~eh.tcles into and out of ~ enclosed area. 8. The conditional use permit shall be reviewed annually. 9. There shall be-no boa.t, storage on the p'remises. · Applicable provisions of Resolutions 70-302, 70-302A and 70-302B are hereby incorporated into this permit resolution rendering the 'three previous resolutions null and void. The foregolng resolution,was moved by Counc;lmember Jessen and seconded by.Councilmember Jensen. The'followi'ng C0uncilmembers voted in the affirmative: · ' Jensen, Je~sen, Johnson and Smith. The following Councilmembers voted in the negative: none. 'Hayer- - Attest: City Clerk RESOLUTION TO CONCUR WITH THE PLANNING C01"~15510N TO APPROVE SETBACK VARIANCE FOR PART OF LOTS 1 TI~ROUGH 20 AND 21, BLOCK.I,.SHIRL£Y' HILLS UNITA PI0 # 13-117-2k q~ OOlq (q831 Shoreline Boulevard) P & Z CASE NO. · 275 November 25~ 1~86 ', .',. RESOLUTION N0..86-;17& , WHEREAS, Ben I~allnsl~l, ovmer of the property described as part of Lots I through 4, 20 and 21, Block 1, Shlrley Hllls Unit A, PlO # 13-117-24 44 0014 (4831 Shoreline Boulevard)' has applled for a variance In setback to the front' yard.to allow the construction of a 6 foot high wood privacy fence.within .;the required 30. foot front yard setback; and ' ~4HEREAS, Exhibit A has al'so been submltted to Indicate t~he requested setbacks of zero feet to the'east property line; and · ~/HEREAS, the City Code Section. 23./+15(1+) a11o~s a four· foot fence In the front yard location In the B-'2 General Buslness District; and WHEREAS, the Plannlng Commission has revlewed the request and does .recommend approval of the setback variance with conditions: "' 'NOV, THEREFORE, BE 1T RESOLVED that the Cl'L'y' Council of the Clty of I~ound, Hinnesota, does hereby approve the L~vo foot fence height va~lance to alloy a privacy fence constructed In the required 30 foot setSack as sho~n on Exhibit f~r part of Lots 1 through ~, 20 and 21, Block 1,'Shlrley Hills Unlt A, PlO 13-117-2q h4 0014 (4831Shorel. ine Boulevard). upon the condition that t~e currm~t' adopted resolu:ions 70~302, 70-302A, 70-302B' allowing a conditlonal Use permit for t~e property be modifled If any abanUoned vehicles are to be stored on the' p6'emlses. The foregoing resolution was moved by Councllmember Smith and seconded by Councilmember Peterson. The following Councll'members voted in the affirmative: Jessen, Paulsen, Peterson,. Polston and Smlth. The following Counc$1members voted in the negative: none. .. A:test: City Clerk : RES0L~TION N0. 70-502 12-8-70 *"'" .~:.' RESOLUTION GRANTING SPECIAL USE PE~V~T (Lots 1-41*'block 1, S.H. "A#) Charles Hese has aske~ for a Special Use Permit for filling s~ation, including automotive ~epair, valv& Jobs, tire ~epair~ towing; service maintenance on automobiles and medium welding on Lots 1-4, Block 1, S. H. "A", and .W~mvAS, hearin~ was held o~ December 8, 1970," 1~, ~, BE IT RESOLVED BY THE VILLAGE COUNCIL O~ M0~ND, *]~ND~ . · ,:.:' -'[!: l special use permit be granted £o~ the £ollowing~ :...% .. :.~-' . ~ :. - ~. .~.. 1. Filling Statiop, ' ":~:'*... .... . .. ** :':';"?/. ~ .~..:....:"'. '~,". 2. Automotive Repairs 5- Valve Jobs ,.: '~ 4. Tire Repairs .. ~.. Service Maintenanoe on Automobiles 6. WeldU '". ':: lie IT FUI~HER i~SOL',,'ED~ '. ..' ' "-:~ .- . . );:. '-.. :;~',. The~e are to ~e no" m;Jox' overhauls ar/d the.'P, ermit is to be' ,;:.. :, · _.._____' sash .,_~_. : ..... ,:, . ; .....,.... -... :.. ..... .~...... ..... . .....-'- -...j[ ......· .:. ".,.: ·. :.:~e:~,:.... . '.. ',.- ..... : ·., . .: .:,.., .:. '.~[: . .;'.. :'/:~L-.~,..::!).:.~?;~.'.:f '::'..:" :::':. ...:-...',:. :.... -...,-...,,: - .. , .:...:, .:,?,.-........ .. .,.~:...':,: . .. . ..,...-......,.....:"j.; :- · ~ - :.....*.. -.: ' .. ."£J '~.,, Adopte~ b3~ the Counoil this 8th d~7 o£.Deoember, 1970, 70-302A 12-8-70 RESOLUTION NO. 70-302A P~SOLUTION TO DENY THE USE OF THE P~0PEP. TY r.~ASED BY CHAPJ~ES HESS, COM~DNLY P~EFFEP~ED TO AS ~HE PFLUG PP~PEP~Y, FOR THE STORAGE OF VEqICLES BE IT RESOLVED BY THE VILL~GE C0b~iCIL OF MOb%.~D, MDUND, MINNESOTA: That the p~operty leased by Charles Hess, com~mon~v referred to as the Pflug Property, ( Lots 5, 18, 19 and that pa~ of Lo~s 15, 16, ~nd 17 lying E of a line par ~th and l0 ft. W from ~he W line of Lot 18 and same extended incl adj vac alley lying between the extenstion of the NEly and S~.~y lines of said Lot 5 Lot 5,15,16,17, 18, ~ud 19, Block l, S.H. "A" ) should not be used for the storage of vehicles. Adopted by ~he Council this 8th day of December, 1970. 70--302B 12-8-70 P~SO~ITiO~ KO. 70-302B ~RF~OLUTION ~.~D~G P~SOLUTION NO. '7b-302 (Special Use Permit) (Lots 1-4, Block 1, S.H. "A") BI iT ?:--SOLVF~ BY Tn'E VTr. r.A(;.Z COUNCIL OF ~D, FDHD, ~E~TA: T~AT no storage of ~cked or ab~doned cars be ~tted on ~he C~n Oil P~perty (~ts 1-~, Block 1, S.H. "A".) A~opted by t~e Council this 9th day' of December, 1970. 70-302B 12-8-70 69 -67 RESOLUTION NO. 69-67 RESOLUTION GRANTING A SPECIAL USE PERMIT TO OPEN A FILLING STATION ON LOTS l, 2, 3, 4, 20 and 21, Block l, Shirley Hills Unit A, CONDITIONAL ON PLACING OF SHRUBS TO CLOSE THE DRIVEWAY ON THE POINTs and IF SUCH SHI~UBS ARE REMOVED AND TEE DRIVEWAY OPENED, THE SPECIAL USE PERMIT IS IMMEDIATELY CANCELLED the Crown 0il Company has appeared before the Planning Commission requesting a special use permit to 'operate a gasoline service station on Lots l, 2, 3, 4, 20 and 21, Block l, Shirley Hills Unit A, and the Planning Commission has recommended that a special use permit be granted for the opera~ion of a gasoline service station at this location provided that the northeast corner at Bartlett and Shore- line Boulevards be landscaped and that the most northeasterly driveway on Bartlet~ Boulevard be closed and no~ used, NOW T~ORE BE IT RESOLVED BY THE VILLAGE COUNCIL OF MOUND, MOUND, MINNESOTA: That a Special Use Permit be granted the Crown 0il Company to operate a gasoline service station on Lots l, 2, 3, 4, 20 and 21, Block l, Shirley Hills Unit A, provided the northeasterly driveway on Bartlett Boulevard be closed by placing shrubs across it,.and ., BE IT FURTW~ RESOLVED: If euch shrubs are removed and the driveway opened, the Special Use Permit shall be immediately cancelled. Adopted by the Council this 8th day of April, 1969. ADDRESS: ZONE: REQ. LOT AREA: EXIST. LOT AREA: SURVEY ON FILE? YES ~.~ LOT OF RECORD? YES / NO / ? REQUIRED STREET FRONTAGE/WIDTH: EXISTING LOT WIDTH: EXISTING LOT DEPTH: REQUIRED SETBACKS PRINCIPAL BUILDING/HOUSE FRONT: N S E W _~_ _~'~ FRONT: N S E W SIDE: N S E W · SIDE: N S E W REAR: N S E W LAKESHORE: 50' {measured from O.H.W,) TOP OF BLUFF: ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W FRONT: N S E W SIDE: N S E W 4' or 6' SIDE: N S E W 4' or6' REAR: N S E W 4' LAKESHORE: 50' {measured from 0,H,W.) TOP OF BLUFF: EXISTING AND/OR PROPOSED SETBACKS: PRINCIPAL BUILDING/HOUSE FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: TOP OF BLUFF: ACCESSORY BUILDING/GARAGE/SHED FRONT: N S E W FRONT: N S E W SIDE: N S E W SIDE: N S E W REAR: N S E W LAKESHORE: TOP OF BLUFF: HARDCOVER CONFORMING7 YES / NOL7/ ~ IS THIS PROPERTY CONFORMING? YES / NO / ? I BY: I DATE: Yhis General Zoning Information Sheet only summarizes a portion of the requirements outlined in the City of Mound Zon; Ordinance. For further information, contact the City of Mound Planning Department at 472-0600. :"'""~"g~ .......................12-65 A[J0) I ~ I '- -'-'-'----~.8";~ 3.141,9 0.3' 283.3 RESOLUTION #95- RESOLUTION TO APPROVE A MODIFICATION TO A CONDITIONAL USE PERMIT TO ALLOW /~N ~DDITION TO A MUNICIPAL WELL HOUSE BUILDING TO BE USED AS A STORAGE BUILDING WITHIN THE R-1 SINGLE FAMILY RESIDENTIAL ZONING DISTRICT FOR THE MOUND FIRE DEPARTMENT AT 2415 WILSHIRE BLVD., LOTS 9 - 13, BLOCK 3 SHIRLEY HILLS UNIT D, PID 24-117-24 21 0034 P&~ CASE #95-23 WHEREAS, The Mound Fire Department has applied for a modification to their Conditional Use Permit to allow the a 16' x 20' storage building addition to the existing well house located behind the fire station, and; WHEREAS, Local Government Buildings require a Conditional Use Permit when located within the R-1 Zoning District, and; WHEREAS, the existing well house building is adequately screened from public view because of existing vegetation and its location in the rear of the fire station. As a result, the addition should not pose negative impact to the surrounding residential properties or on City Hall, and; WHEREAS, the Planning Commission has reviewed the request and unanimously recommended approval, with the conditions as recommended by staff. NOW, THEREFORE, BE IT RESOLVED, by the city Council of the city of Mound, Minnesota, as follows: The city Council does hereby approve a Conditional Use Permit for the Mound Fire Department to construct an addition to the existing well house subject to the following conditions: In order to properly address design and code issues pertaining to the addition of a storage building to the existing well house, building permit plans shall be prepared by an Architect registered in the State of Minnesota. Be The materials and appearance of the proposed storage building addition shall match the existing structure. Ce The structure shall be completed in conformance with all building, fire and health code requirements. De Drainage plans shall be reviewed and approved by the Utility Superintendent and City Engineer. This Conditional Use Permit is granted for the following legally described property: Lots 9, 10, 11, 12 and 13, Block 3, Shirley Hills Unit "D", PID #24-117-24 21 0034. Proposed Resolution Mound Fire Department p. 2 This Conditional Use Permit shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 PUBLIC HEARING NO T/CE CITY OF MOUND MOUND, MINNESOTA CASE NO. 95-23 NOTICE OF A PUBLIC HEARING TO CONSIDER A MODIFICATION TO A CONDITIONAL USE PERMIT TO ALLOW AN ADDITION TO A MUNICIPAL WELL HOUSE BUILDING LOCATED AT THE FIRE STATION, 2415 WILSHIRE BLVD. NOTICE IS HEREBY GIVEN, that the City Council of the City of Mound, Minnesota, will meet in the Council Chambers, 5341 Maywood Road, at 7:30 p.m. on Tuesday, August 8, 1995 to consider a modification to a conditional use permit to allow the construction of a 16' x 20' addition onto a municipal well house. The addition is to be utilized for storage only. The subject property is located at 2415 Wilshire Blvd., legally described as follows: Lots 9, 10, 11, 12 and 13, Block 3, Shirley Hills Unit "D", PID #24-117-24 21 0034. All persons appearing at said hearing with reference to the above will be given the opportunity to be heard at this meeting. P~'~-g~ J~rC(e~ Pla~-r~ng Secretary Mailed to property owners within 350' by July 26, 1995, and published in The Laker on July 24, 1995. printed on recycled paper MINITF OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JULY 10, 199 C~E 95-23: MOUND FIRE DEPARTMENTt 2415 WILSHIRE BLVD. t LOTS 9 - 13, BLOCK 3~ SHIRLEY HILLS UNIT D~ PID 24-117-24 21 0034. CONDITIONAL USE PERMIT - STORAGE BUILDING· PUBLIC N~a~ING. Building Official, Jon Sutherland, reviewed the Planning Report. The Mound Fire Department is proposing to add a 16' x 20' storage building addition to the existing well house behind the fire station. Local Government Buildings require a conditional use permit in the R-1 zone. The existing well house building is in a location that is screened from public view because of existing vegetation and due to its location in the rear of the fire station. As a result, the addition should not pose any negative impact to the surrounding residential properties nor should it have any impact on City Hall. The technical aspects of the proposed building expansion can be addressed at the time of building permit issuance. Therefore, it is recommended that the Planning Commission recommend that the City Council approve a conditional use permit for the Mound Fire Department to construct an addition to the existing well house subject to the following conditions: In order to properly address design and code issues pertaining to the addition of a storage building to the existing well house, building permit plans shall be prepared by an Architect registered in the State of Minnesota. The materials and appearance of the proposed storage building addition shall match the existing structure. The structure shall be completed in conformance with all building, fire and health code requirements. Drainage plans shall be reviewed and approved by the Utility Superintendent and City Engineer. Mueller questioned if a variance should be required for the building materials. Chair Michael opened the public hearing. There being no persons present to speak on the issue, Chair Michael closed the public hearing. MOTION made by Clapsaddle, seconded by Mueller, to recommend approval of the conditional use permit, as recommended by staff, with conditions. Staff shall verify prior to the City Council meeting if a variance should be required for the building materials. Motion carried unanimously. This request will be heard by the City Council on August 8, 1995. Hoisington Koegler Group Inc. mill /ti PLANNING REPORT TO: Mound Planning Commission and Staff FROM: Mark Koegler, City Planner DATE: June 29, 1995 SUBJECT: Conditional Use Permit - Storage Building Addition APPLICANT: Lyckholm Construction (Mound Fire Department - Steve Erickson) CASE NUMBER: 95-23 HKG FILE NUMBER: 95-5h LOCATION: 2415 Wilshire Boulevard (Mound Fire Station) EXISTING ZONING: Single Family (R-1) COMPREHENSIVE PLAN: Residential (Public Building) BACKGROUND: The Mound Fire Department is proposing to add a 16' x 20' storage building addition to the existing well house behind the fire station. Local Government Buildings are conditional uses in the R-1 zone. Therefore, approval of the new storage facility will involve approval of a new conditional use permit for the property. COMMENT: The existing well house building is in a location that is screened from public view because of existing vegetation and due to its location at the rear of the fire station. As a result, the addition should not pose any negative impact to the surrounding residential properties nor should it have any irapact on the city hall building. Although the addition fits well in its proposed location, the building plans submitted with the conditional use permit application are inadequate for building permit issuance and leave a number of technical questions unanswered. For example, the plans do not identify either existing or proposed grades nor do they identify the type of roof drainage system to be used. According to the floor plan that was submitted, the addition of the storage building will require modification of the existing well house building, yet the plan does not identify the full scope of such modifications. These technical issues can be addressed with subsequent plan submittals. Land Use / Environmental · Planning / Design '~.~-'7 '~ 7300 Metro Boulevard / Suite 525 ' Minneapolis, Minnesota 55439 · (612) 835-9960 · Fax: (612) 835-3160 Fire Station Storage Building Conditional Use Permit June 29, 1995 Page 2 The Mound Zoning Code regulates appropriate building materials for commercial and industrial structures. The building materials provisions do not specifically apply to public buildings. Despite this fact, staff would suggest that in all cases, the City should hold itself to the same standards that apply to private commercial and industrial facilities. In this case, however, since the project involves an addition to an existing building, it is suggested that concrete block painted to match the existing structure is an acceptable material, particularly since the building is largely hidden from public view. RECOMMENDATION: The technical aspects of the proposed building expansion can be addressed at the time of building permit issuance as a part of appropriate plans prepared by qualified professionals. Therefore, it is recommended that the Planning Commission recommend that the City Council approve a conditional use permit for the Mound Fire Department to construct an addition to the existing well house subject to the following conditions: In order to properly address design and code issues pertaining to the addition of a storage building to the existing well house, building permit plans shall be prepared by an Architect registered in the State of Minnesota. The materials and appearance of the proposed storage building addition shall match the existing structure. o The structure shall be completed in conformance with all building, fire and health code requirements. Drainage plans shall be reviewed and approved by the Utility Superintendent and City Engineer. Application for CONDITIONAL USE PERMIT City o£ Mound 5341 Ha~ood Road· Mound· HN 55364 Phone: 472-0600, Fax: 472-0620 JUN 1 3 ~ City Council Date: Distribution: City Planner: City Engineer: Public Works: Other: II il Conditional Use Permit Fee: $200.00 Please type or print the following information: PROPER~ Subject Address _~ ~'//-_~' W/f ~ A'e ~ /3 ~ ~ INFORMATION Name of Business /z~ c ~ ~~ aW DESCRIPTION Phone (H) ~/) 2 - ,(& ~ ~ (W) ,~M~ (M) OWNER , ~ Phone (H) ~'2/- ?/j ~ (W) ~/-- ~ ~ ' ~ Name ARCHITECT, ~URV~OR, OR Address ~GINEER Phone (H)_ (W) (M) ZONING Cirole: ~R-1 ~-IA ~-2 ~-3 B-1 B-2 ~I~T~ICT ~ANGE OF FROM: USE TO: rev, 12/7/94 Conditional Use Permit Application Page 2 Description of Proposed Use: EFFECTS OF THE PROPOSED USE: List impacts the proposed use will have on property in the vicinity, including, but not limited to traffic, noise, light, smoke/odor, parking, and describe the steps taken to mitigate or eliminate the impacts. If applicable, a development schedule shall be attached to this application providing reasonable guarantees for the completion of the proposed development. Estimated Development Cost of the Project: $ Has an application ever been made for zoning, variance, conditional use permit, or other zoning procedure for this property? ( ) yes, ( ) no. If ¥e$, list date(s) of application, action taken, resolution number(s) and provide copies of resolutions. Applicant' s ~g-nature Property owner's signature Date Date rev, 12/7/94 Application for CONDITIONAL USE PERMIT City of Mound 5341 Maywood Road, Mound, MN 55364 Phone: 472-0600, Fax: 472-0620 Conditional Use Permit Fee: $200.00 Distribut ion: City Planner: City Engineer Other: Please type or print the following information: INFORMATION Nama of DI=$CRIPTION Subdivision~'~ ~' I ~ L i *PPUCANT The applicant is: __owner ow.~. j ~lf 5- ' ' ,~ ' (if other than Address ~ -'/~f,'~ ~ ' ~ ~. applicant) ,., , ~, ~ ~/-~ -~ q Name ARCHITE~, SURV~OR, OR Address ~GINEER Phone (H) (W) (M) ZONING Circle: ~R-1 ~-IA R-2 R-3 DISTRICT CHANGE OF FROM: USE TO: rev, 12/7/94 Z-~,'~ / STATION Al w4 / ~*EL. 0 ! el.T,~ PUA4P //$~'. 0 0 R£t-O" AT~. O u~uoLr, 24 %0" C LIMITS (' OF' 41 March 13, 1990 RESOLUTION NO. 90-33 RESOLUTION RECOGNIZING EXISTING PUBLIC BUILDINGS AND AUTHORIZING EXPANSION OF THE MOUND CITY HALL INCLUDING VARIANCES LOCATED ON LOTS 9, 10, 11, 12 AND 13, BLOCK 3, SHIRLEY HILLS UNIT "D", PID %24-117-24 21 0034, P & Z CASE %90-905 WHEREAS, the City Council on March 13, 1990, held a public hearing pursuant to Section 23.505 of the Mound Code of Ordinances, to consider the issuance of a Conditional Use Pe~it for PiD %24-117-24-21 0034 at 5341 Maywood Road; and WHEREAS, the purpose of the conditional use permit is to recognize existing public buildings including the Mound City Hall, Fire Station and a municipal well house and authorize the expansion of the City Hall including variances; and WHEREAS, all persons wishing to be heard were heard; and WHEREAS, the subject parcel is zoning Single-Family Residential (R-l); and WHEREAS, Section 23.604.3 of the Mound Code of Ordinances allows Local Government Buildings in the R-1 zone by conditional use permit; and WHEREAS, the existing City Hall, well house and Fire Station were constructed prior to the adoption of the Zoning Code regulating such uses by Conditional Use Permit thereby rendering the existing facilities legal, "grandfathered" uses; and WKEREAS, a citizens advisory committee of the City of Mound has determined that the operations of local government in the City of Mound require expansion of the existing City Hall which houses administrative and police functions; and WHEREAS, the Mound City Hall expansion results in the following variances: A one foot parking stall width variance from the ten foot wide parking stalls required under Section 23.716.2 of the Mound Code of Ordinances (9 foot stalls provided in lieu of the 10 foot requirement), and 42 Math 13, 1990 A two foot driveway width variance from the 22 foot maximum driveway width permitted under Section 23.716.3 of the Mound Code of Ordinances (24 foot wide drive in lieu of the 22 foot maximum), and A variance from the fencing requirements imposed by Section 23.716.3 .(5) of the Mound Code of Ordinances; and W~REAS, the Mound City Hall site is heavily wooded creating a pleasant, natural setting; and W~R~AS, the granting of the variances would not confer upon the applicant any special privilege that is denied by the City Ordinances to other commercial properties developed and owned by the private sector; and W~REAS, the Planning Commission has reviewed the conditional use permit and variances and recommends approval. NOW, T~ER~FORE, B~ IT R~SOLV~D by the City Council of the City of Mound, Minnesota, that the conditional use permit to recognize the existing public buildings and to allow expansion of the Mound City Hall is hereby granted and the variances are hereby approved subject to the following conditions: This approval is granted upon the following plans and exhibits which are incorporated as part of this permit or as are modified herein: ae Site Plan prepared by McCombs Frank Roos Associates, Inc., dated February 9, 1990. Grading add Drainage Plan prepared by McCombs Frank Roos Associates, Inc., dated February 9, 1990. Ce Landscaping Plan prepared by McCombs Frank Roos Associates, Inc., dated February 9, 1990. The City Engineer shall review the Grading and Drainage Plan and add erosion control measures where appropriate. The following variances are approved by the City Council with a finding that the site is unique and there are special circumstances which would create a hardship if the variances are not approved: 43 March 13, 1990 ae The parking stall width variance of one foot is granted. A parking stall width of nine feet is adequate to serve employee and visitor parking. Be The driveway width variance of two feet is granted to ensure public safety at the common entry for the City Hall and Fire Station. The fence required under Section 23.716.3 (5) of the Mound Code of Ordinances is hereby waived due to existing topography on the site, the presence of existing tree cover and the location of structures on adjoining properties. Additionally, the fence would disrupt the natural environment of the site. Vehicle parked in the City Hall parking lot shall be limited to those either visiting or those that are directly related to City Hall administrative office or police functions. Se This Conditional Use Permit is granted for the following legally described property: Lots 9, 10, 11, 12 and 13, Block 3, Shirley Hills Unit "D", PID #24-117-24 21 0034. This Conditional Use Permit shall be recorded with the County Recorder or the Registrar of Titles of Hennepin County pursuant to Minnesota Statutes Section 462.3595, Subd. 4. This shall be considered as a restriction on how this property may be used. The property owner shall have the responsibility for filing this resolution with Hennepin County and paying all costs for such recording. The building permit shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember Johnson and seconded by Councilmember Jessen. The following Councilmembers voted in the affirmative: Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. 44 March 13, 1990 Councilmember Ahrens was absent and excused. Mayor Attest: City Clerk ( (75) (96) (62) EDEN -.4, , ~ ('~) LOT A (32) ¢#2'7 4 ( 4 5) :'~ (20) (9) (~o) 25) 0 F (8) (4) (i2) DATA r, 15g 297..g A (5) .. $ (56) RESOLUTION #95-, RESOLUTION TO APPROVE A ONE (1) YEAR EXTENSION OF RESOLUTION #94-102 ~PPROVIN~ ~ VARIANCE FOR LOT FRONTAGE, LOT WIDTH, AND A FRONT YARD SETBACK TO ALLOW CONSTRUCTION OF A NEW DWELLING AT 5926 BE~CHWOOD ROAD, PART OF LOT 47v AUDITOR'S SUBDIVISION $168, PID $23-117-24 13 0023 WHEREAS, Owner of the subject property, Dudley Bartholow, has requested a one (1) year extension of the variance granted by the City Council on July 26, 1995, Resolution $94-102, and; WHEREAS, City Code Section 350:530, Subd. 2. E. limits all variances to one extension. Further requests for extension shall be considered a new application, and; WHEREAS, a good faith attempt to complete or utilize the use permitted in the variance has been provided, and; WHEREAS, Resolution #94-102 was filed at Hennepin County on October 28, 1994, Document #2563345, and; WHEREAS, the Declaration of Easement to establish a road access, as required by Resolution #94-102, was filed at Hennepin County on July 24, 1995, Document #2563346, and; WHEREAS, the Planning Commission has reviewed the request for the extension and unanimously recommended approval. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, to hereby approve of a one (1) year extension of the variance originally granted by Resolution #94-102. This variance will expire on July 26, 1996. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JULY 24, 1995 'CASE 94-44: REQUEST FOR ONE YEAR EXTENSION OF VARIANCE, RESOLUTION #§4-44, BY DUDLEY BARTHOLOW, 5926 BEACHWO00 ROAD, PART OF LOT 47, AUD. SUBO. 168, PID 23-117-24 13 0023. The Building Official explained to the Commission that the variance for this property, which was originally requested by Buzz Sycks is due to expire and the lot has not yet been developed. The Resolution and driveway variance have been recorded at the County, as required. Mueller commented that he is not in favor of allowing variances for lots with no street frontage to be developed, however, since this parcel was originally platted in 1927 there is nothing they can do. MOTION made by Weiland, seconded by Mueller to recommend approval of the variance extension for Resolution #94-44. Motion carried unanimously. This request will be heard by the City Council August 8, 1995. JUL 2 It 2563346 DECLaRaTION OF EASEMENT This Declaration is dated the ~I'ATE O~ MINNESOTA, COUNTY OF'HENIdF..P~ CruCified to be a ~m~ m~l correct copy of h'm JUL 2 4 IW: R Dan ~m~m, ~. of Titles 1994. WHEREAS; M.L. "Buzz" Sycks is the owner of tracts of land situated in the County of Hennepin, State of Minnesota, described as follows: rl £ Parcel 1: That part of the East 50 feet of the West 100 feet of Lot 47, Auditor's Subdivision No. 168, Hennepin County, Minnesota lying North of the South 160 feet. Parcel 2: The West 50 feet of Lot 47, Auditor's Subdivision No. 168, Hennepin County, Minnesota. me Parcel No. 1 has no access to a public road and this Declaration of Easement is made to establish a road access from Parcel No. 1 to Beachwood Road over the East 10 feet of the West ~ 0~f.e_e~_o f/Lot._ 4 !.~._.Aud i~rlA...~ ubd iv i s i o n. N o 168_ 1 y ing S outhe r 1 y of a line drawn parallel to and 190 feet North of the South line of said Lot 47 as originally platted. Said easement agreement is to be a non-exclusive and perpetual easement and to be used by the owners and occupiers of Parcel I and Parcel 2. described easement. ~f/.~ REPAIR AND ~INTENANCE II. The properties above described shall be held, transferred, sold, conveyed and occupied subject to and together with the above III. The owners of Parcel 1 and Parcel 2, on behalf of themselves, their heirs, successors and assigns, agree AND PRIOR TAXES PA. ID fAXPAYER SERVICES NSFER ENTERED 1 that the cost of maintenance of said roadway easement shall be borne equally by the owners of both Parcels, including but not limited to road repair, grading, gravel and snowplowing. Further, the owners of each Parcel, on behalf of themselves, their heirs, successors and assigns, agree that said roadway easement use shall not be used in a manner that would block or restrict the other party's normal use of the easement area for ingress and egress, and that they will not permit any parking in said easement area by themselves, their guests or invitees, nor any other service company without the specific written consent of the other party. IV. ACKNOWLEDGMENT OF EXISTING EASEMENT. It is acknowledged that said easement area is subject to an underlying easement running in favor of Minnesota Gas Company dated October 9, 1974 and filed of record with the Hennepin County Recorder as Document No. 1128727. Owners of Parcel 1 and Parcel 2 agree this roadway easement shall not be used in a manner which interferes with the easement rights given Minnesota Gas Company as referred to in Document No. 1128727. V. ARBITRATION CLAUSE. The owners of each Parcel agree that in the event the Parcel owners are unable to agree upon the necessity of or desirability of any repair, improvement, or maintenance of the roadway area, that the parties agree to submit to binding arbitration the matter under the Rules of the American Arbitration Association then in effect in the city of Minneapolis. M.L. "Buzz" SynC, Owne~ Parcel Parcel 2 above described 1 and STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) The foregoing_~instrument was acknowledged before me this .~.~/~ day of ~~.~7~~ , 1994, by M.L. "Buzz" Sycks, single. THIS INSTRUMENT PREPARED BY: William R. Koenig (#57319) KOENIG & DICKINSON, LTD. 2305 Commerce Blvd. Mound, Minnesota 55364 (612) 472-1060 3 JU# 2 6 ~ TRANSFER ENTERED HENNEPIN COUN'D' TAXPAYER SERVICES OCT tg 199A ~_ _PIN C.~_UN ,'['~INN. ~6~'.~.-~,,'V DEPUTY RESOLUTION//94-102 July 26, 1994 RESOLUTION TO APPROVE A VARIANCE FOR LOT FRONTAGE, LOT WIDTH, AND A FRONT YARD SETBACK TO ALLOW CONSTRUCTION OF A NEW DWELLING AT 5926 BEACHWOOD ROAD, PART OF LOT 47, AUDITOR'S SUBD. #168, PID//23-117-24 13 0023 P&Z CASE//94-44 WHEREAS, the owner, Buzz Sycks, has applied for a variance to lot frontage, lot width of 10' to the required 60', and also 15' to the required 30' front yard setback, in order to construct a new dwelling on the property, and; WHEREAS, the subject property is located within the R-1 Single Family Residential Zoning District which according to City Code requires a lot area of I0,000 square feet, a 30 foot front yard setback, 10 foot side yard setbacks, and a 50 foot setback to the ordinary high water, and; WHEREAS, the southerly boundary is being considered the front lot line, and this lot is not considered to be a "through lot" as it does not directly abut a right-of-way, and; WHEREAS, there is no street frontage, access is to be provided by a 10' wide driveway easement approximately 175' in length. A portion of this driveway currently serves the existing dwelling on parcel (53). There is a dwelling located on the adjacent parcel (41) that precludes the possibility of gaining dedicated frontage, and; WHEREAS, existing lot width is 50', and 00' is required in the R-1 Zone. It appears unlikely lot width can be modified at this time, and; WHEREAS, due to the length of the driveway and the topography that slopes towards the lake, the applicant is seeking a 15' variance to the required 30' setback (southerly property line). There is inadequate topographical information provided to indicate a difficulty in placing the structure in a conforming location, and; WHEREAS, this property is a separate tax parcel and is under the same ownership as the adjacent parcels (53) and (24); each parcel has a separate property identification number, and; WHEREAS, assessments for sewer and water service and street improvements needs to be verified. Sewer service is available on the lake side and water service could be provided down the driveway easement as it is available on Beachwood Road, and; 211 July 26, 1994 WHEREAS, the surveyor has noted no title work was furnished for the preparation of the survey to verify related information, proof of the driveway easement must be provided, and; WHEREAS, the hardcover will still be conforming, and; WHEREAS, this parcel is a Lot of Record, the parcel was platted in 1927, and; WHEREAS, Mr. Sycks states that a 10 foot wide driveway access easement does exist and was recorded in 1974. WHEREAS, the Planning Commission has reviewed the request and recommended approval with conditions. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Mound, Minnesota, as follows: The City does hereby grant approval of a 10 foot lot width variance and a variance for zero feet of lot frontage to allow construction of a fully conforming dwelling, subject to the following conditions: a. The proposal must be conforming to all required setbacks. bo The approval is contingent upon receipt of an updated survey that confirms all conditions as proposed. A copy of the driveway easement shall be provided prior to the release of the final resolution. The driveway easement is subject to approval of the City Attorney. de The driveway shall be brought into conformance with Zoning Code Section 350:445, as required by the Building Official prior to the issuance of any building permits. This section relates to suitable access for the fire department. Parcels 13-117-24 11 0024 and 13-117-24 11 0053 be combined prior to release of the variance resolution. The City Council authorizes the alterations set forth below, pursuant to Section 350:420, Subdivision 8 of the Zoning Ordinance with the clear and express understanding that the use remains as a lawful, nonconforming use, subject to all of the provisions and restrictions of Section 350:420. 212 o July 26, 1994 It' is determined that the livability of the residential property will be improved by the authorization of the following alteration to a nonconforming use of the property to afford the owners reasonable use of their land: Construction of single family dwelling, conforming to setbacks. 4. This variance is granted for the following legally described property: The north 348 feet of the east 50 feet of the west 100 feet of Lot 47, Auditor's Subdivision No. 168, Hennepin County, Minnesota. This variance shall be recorded with the County Recorder or the Registrar of Titles in Hennepin County pursuant to Minnesota State Statute, Section 462.36, Subdivision (1). This shall be considered a restriction on how this property may be used. The property owner shall have the responsibility of filing this resolution with Hennepin County and paying all costs for such recording. A building permit for the subject construction shall not be issued until proof of recording has been filed with the City Clerk. The foregoing resolution was moved by Councilmember Jensen and seconded by Councilmember Smith. The following Councilmembers voted in the affirmative: Jensen, Jessen, Johnson and Smith. The following Councilmembers voted in the negative: none. Councilmember Ahrens was absent and excused. Attest: City Clerk 213 4 GENERAL ZONING INFOR~tATION SIIEI~F , ADDRESS: ZO · ~ ~ ' I ~UZ~D EXISTING Required Lot Width: ~0 / (fronta, ..... improved public .treet) SETBACKS REQUIRED ~ ,ROM, . s FRONT; N S E W · LAKESHOREt me&muted from O.H.W. EXISTING I~¢D/OR PROPOSED SETBACKS: ACCESSORY BUILDIN~ FRONT; N S E W FRONT: N S SIDE; N S E SIDE; N S E W 4' or 6' PEAR: N S E W LAXESHORE: S0' /measured from O, H.W. ACCESSORY BUILDING FRONT; N S ~ W FRONT: N S SIDE~ N S E W SIDE~ N S E W REAR; N S E W LAKESRO~.E WI LL TltE PR/POSE] / M_FRO~Bi~E,~ CONFORM? YES NO 1 . Lo%.~. 141 ! I (65) (57) --' !(42) (4"5) (41) I ' 3~4.47 . (,44) - 'a C O O ID- RESOLUTION//95 August 8, 1995 RESOLUTION ACCEPTING THE PUBLIC UTILITIES (SANITARY SEWER, WATERMAIN AND STORM SEWER) IN THE NEW SUBDIVISION OF PELICAN POINT WHEREAS, the City of Mound has approved the final plat of Pelican Point, and; WHEREAS, a condition of said approval was formal acceptance by the City Council of the completed public utilities, and; · WltEREA~ the developer has requested acceptance of the public utilities, and; WHEREAS, the City Engineer and Public Works Superintendent has recommended acceptance of said public utilities. NOW, THEREFORE BE IT RESOLVED, that the City council of the City of Mound, Minnesota does hereby accept ownership of the public utilities (Sanitary Sewer, Watermain and Storm Sewer) in the plat of Pelican Point. The foregoing resolution was moved by Councilmember and seconded by Councilmember The following Councilmembers voted in the affirmative: The following Councilmembers voted in the negative: Mayor Attest: City Manager McCombs Frank Roos Associates, Inc. 15050 23rd Avenue North, Plymouth, Minnesota 55447-4739 Telephone 612/476-6010 612/476-8532 FAX Engineers Planners Surveyors FJE. CEIVIEO JUL 1 ? July 14, 1995 Mr. Edward J. Shukle, Jr. City Manager City of Mound 5341 Maywood Road Mound, Minnesota 55364 SUBJECT: Pelican Pointe MFRA #7419 Dear Ed: Enclosed is a copy of a certification letter from RLK Associates, the engineers responsible for overseeing the utility and street construction in Pelican Pointe. They are asking for formal acceptance of all the work performed by the utility and street contractor, Brown and Cris, except the bituminous wear course, which is yet to be installed. We are recommending the City accept only the utilities at this time. Because the wear course is an integral part of the total street construction we would suggest that formal acceptance of the streets be delayed until said construction is totally complete. The Engineers letter also requests a reduction in the amount of the letter of credit. Until such time a specific amount is indicated, we are unable to make any recommendation to the City regarding reduction of the letter of credit. If you have any questions or require additional information, please contact me. Very truly yours, McCOMBS FRANK ROOS ASSOCIATES, INC. John Cameron JC:mm cc: John Boyer, Boyer Construction Alan Kretman, RLK Associates, Ltd m: Jc7.13 An Equal Opportunity Employer ~- "~ ~) :~ ASSOCIATES LTD. 922 Mainstreet1 Hopkins, Mn. 55343 (612) 933-0972 fax: (612) 933-115" July 11, 1995 Mr. John Cameron, P.E. McCombs, Frank, Roos & Associates 15050 23rd Avenue North Plymouth, MN 55447 Pelican Point Addition Mound, Minnesota Dear Mr. Cameron: We respectfully reques~ that the City take action to reduce the amount of development contract.for work performed at the Pelican Point Addition to reflect the amount of construction completed to date. All sanitary sewer, watermain and storm sewer, concrete of curbing and aggregate and bituminous base donstruction, performed under contract with Brown & Cris, has been completed in accordance with the approved plans and to city standards. The installation of the bituminous wearing course is yet to be completed. We respectfully request that the City of M0und accept the completed facilities subject to a one year maintenance guarantee, bond. If you have any further, questions or require additional information, please do not hesitate to call. Sincerely, RLK Associates, Ltd; Senior Project Engineer CC: John Boyer, B°Yer Construction Alan Kreunan; RLK Associates, Ltd. · Civil Engineering · Transportation · Infrastructure Redevelopment · Landscape Architecture · Construction Management A. THOMAS WURST, P.A. CURTIS A. PEARSON, P.A. dAMES D. LARSON. P.A. THOMAS F. UNDERWOOD. CRAig M. MERTZ 1AW OFFICES WURST, PEARSON, LARSON, UNDERWOOD & MERTZ A PARTNERSHIP INCLUDING PROFESSIONAL ASSOCIATIONS ONE fINANCIAL PIAZA~ SUIte IlO0 120 SOUTH SIXTH STREET MINNEAPOLIS, MINNESOTA 55402-I803 August 1, 1995 RECEIVED AUI~- 2 ~5 Mr. Ed Shukle City Manager City of Mound 5341 Maywood Road Mound MN 55364 TELEPHONE 338-42OO FAX NUMBER (6~) 338- 26~:5 Re: Telecommunications Ordinance Dear Ed: The Le~_L~g_a ue of Minnesota __~ities recently transmitted to you copies of a proposed model telecommunications ordinance. The ordinance and the supporting data has been referred to me for review. It is my opinion that it is in the best interests of the City to adopt the proposed model ordinance which is being proposed for all of the municipalities. The League of Cities indicates that adopting a uniform ordinance for most of the cities in Minnesota will create a comfortable environment in which the telecommunication companies can operate because they need not deal with disparate and sometimes conflicting local demands. I am enclosing herewith the ordinance which has been prepared and numbered to fit into our City Code. It is my recommendation that it be forwarded to the City Council with a recommendation for passage in accordance with the League memorandum of June 6, 1995. CAP:Ih Enclosure Sincerely, City Attorney ORDINANCE NO. AN ORDINANCE GOVERNING THE CONSTRUCTION, INSTALLATION, OPERATION, REPAIR, MAINTENANCE, REMOVAL, AND RELOCATION OF FACILITIES AND EQUIPMENT USED FOR THE TRANSMISSION OF TELECOMMUNICATIONS OR RELATED SERVICES IN THE PUBLIC GROUND OF THE CITY OF MOUND The City Council of the City of Mound Hereby Ordains: Section 617 is hereby added to the City Code and shall read as follows: Section 617 - Telecommunications Permit Section 617:00. Definitions. Subd. 1. The terms defined in this section have the meanings given them. Subd. 2. Company. A natural or corporate person, business association, political subdivision, public or private agency of any kind, its successors and assigns, who or which seeks or is required to construct, install, operate, repair, maintain, remove or relocate facilities in the City. Subd. 3. Director. The City Manager, or designated representative. Subd. 4. Facilities. Telecommunications equipment of any kind, including but not limited to audio, video, paging, facsimile or similar service, not governed by Minnesota Statutes, Chapter 238, including all trunks, lines, circuits, physical connections, switching equipment, wireless communication equipment of all kinds, and any necessary appurtenances owned, leased or operated by a company on, over, in, under, across or along public ground. Subd. 5. Public Ground. Highways, roads, streets, alleys, public ways, utility easements and public grounds in the City. Section 617:05. Permit Procedure. Subd. 1. Permit Required. A company may not construct, install, repair, remove or relocate facilities, or any part thereof, in, on, over, under or along public ground without first obtaining a permit from the City. Subd. 2. Application. Application for a permit is made to the director. Subd. 3. Issuance of Permit. If the director determines that the applicant has satisfied the requirements of this ordinance the director may issue a permit to the company. An applicant may contest a permit denial or the conditions of approval by written notice to the Clerk requesting a City Council review within fourteen (14) days of the director's action. The Council shall hear any contest of the director's actions under this ordinance within forty-five (45) days of the City Clerk's receipt of the contest notice. Nothing in this ordinance precludes the City from requiring a franchise agreement with the applicant, as allowed by law, in addition to the issuance of a permit set forth herein. Subd. 4. Permit Fee. The application must be accompanied by the permit fee set by the City Council by resolution. Subd. 5. Security for Completion of Work. Prior to commencement of work, the company must deposit with the City security in the form of certified check, letter of credit or construction bond, in a sufficient amount as determined by the director for the completion of the work. The securities will be held until the work is completed plus a period of 24 months thereafter to guarantee that restoration work has been satisfactorily completed. Upon application of the company, providing such information as the director may require, if two or more work projects are to be constructed during a calendar year, the director may accept, in lieu of separate security for each project, a single security for multiple projects in such form and amount as determined, in the discretion of the director, to be sufficient to assure completion of all projects which may be in progress at any one time during that calendar year and to guaranty that restoration work will be satisfactorily completed. The security will then be returned to the company with interest if required by law and then interest at the applicable statutory rate. Subd. 6. Inspection of Work. When the work is completed the company must request an inspection by the director. The director will determine if the work has been satisfactorily completed and provide the company with a written report of the inspection and approval. 2 Section 617:10. Restoration and Relocation. Subd.1. Restoration. Upon completion of the work, the company must restore the general area of the work, including paving and its foundations, to the same condition that existed prior to commencement of the work and must exercise reasonable care to maintain the same condition for two years thereafter. The work must be completed as promptly as weather permits. If the company does not promptly perform and complete the work, remove all dirt, rubbish, equipment and material, and restore the public ground to the same condition, the City may put it in the same condition at the expense of the company. The company must, upon demand, pay to the City the direct and indirect cost of the work done for or performed by the City, including but not limited to the City's administrative costs. To recover its costs, the City will first draw on the security posted by the company and then recover the balance of the costs incurred from the company directly by written demand. This remedy is in addition to any other remedies available to the City. Subd. 2. Company Initiated Relocation. The company must give the City written notice prior to a company initiated relocation of facilities. A company initiated relocation must be at the company's expense and must be approved by the City, such approval not to be unreasonably withheld. Subd. 3. City Required Relocation. The company must promptly and at its own expense, with due regard for seasonal working conditions, permanently relocate its facilities whenever the City requires such relocation. Subd. 4. Relocation Where Public Ground Vacated. The vacation of public ground does not deprive the company of the right to operate and maintain its facilities in the City. If the vacation proceedings are initiated by the company, the company must pay the relocation costs. If the vacation proceedings are initiated by the City or other persons, the company must pay the relocation costs unless otherwise agreed to by the City, company and other persons. Section 617:15. Company Default. Subd. 1. Notice. If the company is in default in the performance of the work authorized by the permit, including but not limited to restoration requirements, for more than 30 days after receiving written notice from the City of the default, the City may terminate the rights of the company under the permit. 3 The notice of default must be in writing and specify the provisions of the permit under which the default is claimed and state the grounds of the claim. The notice must be served on the company by personally delivering it to an officer thereof at its principal place of business in Minnesota or by certified mail to that address. Subd. 2. CiW Action on Default. If the company is in default in the per- formance of the work authorized by the permit, the City may, after the above notice to the company and failure of the company to cure the default, take such action as may be reasonably necessary to abate the condition caused by the default. The company must reimburse the City for the City's reasonable costs, including costs of collection and attorney fees incurred as a result of the company default. The security posted under Section 617:05, Subd. 5 will be applied by the City first toward payment for such reimbursement. Section 617:20. Indemnification. Subd. 1. Scope. The company will indemnify, keep and hold the City, its elected officials, officers, employees, and agents free and harmless from any and all claims and actions on account of injury or death of persons or damage to property occasioned by the construction, installation, maintenance, repair, removal, relocation or operation of the facilities affecting public ground, unless such injury or damage is the result of the negligence of the City, its elected officials, employees, officers, or agents. The City will notify the company of claims or actions and provide a reasonable opportunity for the company to accept and undertake the defense. Subd. 2. Claim Defense. If a claim or action is brought against the City under circumstances where indemnification applies, the company, at its sole expense, shall defend the City if written notice of the claim or action is given to the company within a period wherein the company is not prejudiced in the defense of such claim or action by lack of such notice. If the company undertakes the defense, the company shall have complete control of such claim or action, but it may not settle without the consent of the City, which shall not be unreasonably withheld. This section is not, as to third parties, a waiver of any defense or immunity otherwise available to the City. In defending any action on behalf of the City, the company is entitled to assert every defense or immunity that the City could assert in its own behalf. 4 Section 617:25. Other Conditions of Use. Subd. 1. Use of Public Ground. Facilities must be located, constructed, installed, maintained or relocated so as not to endanger or unnecessarily interfere with the usual and customary traffic, travel, and use of public ground. The facilities are subject to additional conditions of the permit as established by the director including but not limited to (i) the right of inspection by the City at reasonable times and places; (ii) the obligation to relocate the facilities pursuant to Section 617:10, Subds. 3 and 4; and (iii) compliance with all applicable regulations imposed by the Minnesota Public Utilities Commission and other state and the federal law, including prompt compliance with the requirements of the Gopher State One Call program, Minnesota Statutes Chapter 216D. Subd. 2. Location. The facilities must be placed in a location agreed to by the City. The company shall give the City forty-five (45) days advance written notice of the company's proposed location of facilities within the public ground. No later than 45 days after the City's receipt of the company's written notice, the City will notify the company in writing of the City's acceptance or rejection of the proposed location. If the City rejects the company's proposed location, the City shall propose alternative locations. The City does not waive or forfeit its right to reject the location of facilities by failure to respond within the 45 days. Subd. 3. Emergency Work. A company may open and disturb the surface of public ground without a permit where an emergency exists requiring the immediate repair of its facilities. In such event the company must request a permit not later than the second working day thereafter and comply with the applicable conditions of the permit. In no event may the company undertake such an activity which will result in the closing of a street or alley without prior notification to the City. Subd. 4. Street Improvements, Paving or Resurfacing. The City will give the company written notice of plans for street improvements where permanent paving or resurfacing is involved. The notice must contain (i) the nature and character of the improvements; (ii) the streets upon which the improvements are to be made; (iii) the extent of the improvements and the time when the City will start the work; and, (iv) if more than one street is involved, the sequence in which the work is to proceed. 5 Subd. 5. Company Protection of Facilities. The company must take reasonable measures to prevent the facilities from causing damage to persons or property. The company must take reasonable measures to protect its facilities from damage that could be inflicted on the facilities by persons, property, or the elements. The company must take specific protective measures when the City performs work near the facilities. Subd. 6. Prior Service Connections. In cases where the City is undertaking the paving or resurfacing of streets and the facilities are located under such street, the company may be required to install service connections prior to the paving or resurfacing, if it is apparent that service will be required during the five year period following the paving or resurfacing. Section 617:30. Effective Date and Applicability to Existing Facilities. Companies with facilities in, on, over, under or along public ground on the effective date of this ordinance must take prompt action to comply with this ordinance and the permits authorized by this ordinance. A company, however, is not required to reapply for a permit obtained from the City prior to the effective date of this ordinance. A company is not required to pay the difference between the permit fee of a previously obtained permit and the equivalent newly obtained permit under this ordinance. All other provisions of this ordinance apply to existing facilities. Section 617:35. Acceptance of Requirements. By receiving a permit pursuant to. this ordinance, the company accepts and agrees to comply with all of the requirements of this ordinance. ~,..~ Section 617:40. Public Ground Other Than Riqht-of-Way. Nothing in this ordinance ~s intended to grant to the company authority beyond that given by Minnesota Statutes Section 222.37 for use of the public rights-of-way for construction and operation of facilities. If the City allows the company to use its non-right-of-way public ground, the terms of this ordinance apply to the extent they are consistent with the contract, statutory and common law rights the City owns in such property. Section 617:45. Regulations; Permit Schedules. The director is authorized and directed to prepare suitable regulations and schedules for the administration of permits issued under this ordinance. 6 Section 617:50. Severability. If any provision of this ordinance is contrary to law and therefore unenforceable, such provision will be severed and will not affect the other provisions of this ordinance. Attest: Mayor City Clerk Adopted by City Council Published in Official Newspaper 7 COMMONS TASK FORCE PROCESS August 3, 1995 Draft I. Identification of constituency groups. II. Generate full list of rights/desires and problems of each constituency group. unprioritized exhaustive as possible III. Random, quantitative survey to rank/prioritize desires and problems of each constituency~L~~gr°up~ C~ ~ J IV. Generate range of policy recommendations based on results of survey. Objective: policies that increase satisfaction of each group without detracting from key rights/desires of the other groups. COMMONS TASK FORCE CONSTITUENCY GROUP'S PROBLEMS & DESIRES (UNRANKED LISTING) August 1, 1995 Draft Constituency Group: Sub-group: NON-ABUTTERS NON-ABUTTERS IN DEDICATED AREAS (neighborhoods with commons dedicated specifically to them. DESIRES: - Lakeshore Access Inexpensive boat dockage Picnicking Fishing swimming Lake access near their house (walking distance) Resale value of home due to inexpensive dock access near house PROBLEMS: Conflicts with abutters Trespassing on docks Seniors: dock fees too high Concern that abutters are trying to take over the lakeshore and take away access RANGE OF EMOTIONS: Program works great Abutters trying to take away their access Just a few whining abutters, everyone else is happy Abutters knew the situation when they moved in Constituency Group: CITIZEN'S AT LARGE - Same as Non-abutters COMMONS TASK FORCE CONSTITUENCY GROUP'S PROBLEMS & DES[RES August 1, 1995 Draft p. 2of~ Constituency Group: Sub-groups: ABUTTERS ABUTTERS IN DEDIC&TED ~REAS (neighborhoods with commons dedicated specifically to them ABUTTERS with only their docksites in front of their house ABUTTERS with other's dock sites in front of their house ABUTTERS with encroachments DESIRES: Choice of not having someone else's dock in front of your house Backyard privacy Uncluttered lakeshore, appearance/swimming Maintenance of existing encroachments based on cost/benefit analysis Minimal contact with city government where possible More balanced level of input/authority re: bordering commons Input/control over determination of use classification of abutting commons PROBLEMS: City control being exercised at too great of a detail level Lakeshore appearance ugly - cluttered docks, tight spacing - winter storage of docks/lifts - dilapidated docks - blocked views Lakeshore usage - unusable for swimming because of so many docks Area between commons and houses in some areas is so tight that sense of privacy is being violated Concern that general public will be right in their "back yard" City government balance of rights/obligations of abutters vs. non-abutters doesn't feel balanced - abutter maintenance - abutter primary user - city government primary focus is keep the abutters from taking over - lack of recognition by city government that abutters are most greatly affected by actions taken re: commons City trying to demonstrate that commons is public, not private property. Result: micro-managing vs. abutters Existing encroachments: no balance of cost/benefit to abutter vs. benefit/hindrance to non-abutter of maintaining vs. removal of encroachments COIqI'K)NS TASK FORCE CONST%TUENCY GROUP'S PROBLEHS & DES%RES Aught 1, 1~5 Draft p. 3 of 3 ABUTTERS continued . . . RANGE OF EMOTIONS: Abutters and city government locked in battle over control. city hostile to abutters unless they obey a very restricted set of rules A significant number of abutters are happy with the current arrangement Il COMMONS TASK FORCE August 1, 1995 Draft VARIETY OF COMMONS SITUATIONS Tight quarters vs. open areas Class B vs. Class C Commons Commons dedicated to specific neighborhoods Abutters with encroachments CLIMATE Politicization, polarization. Us vs. Them Many (most) don't know what the fuss is all about. minimal impact on them and they don't really care Limited understanding of facts, lots of rumors It has OTHER ISSUES Liability Impact of LMCD, et al regarding number of boats/docks on Mound shoreline BILLS August 08, 1995 BATCH 5073 BATCH 5074 TOTAL BATCH $196,900.48 107,709.41 $304,609.89 ~' 0 Z u CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) Zt72-0600 FAX (61Z) 47Z-06ZO August 3, 1995 TO: FROM: SUBJECT: / MOUND CITY COUNCIL AND CITY MAN3)GER JIM FACICUER, Pnm s DmeCTOR JULY 1995 MONTHLY REPORT PARKS With the heat and rain, the parks crew has been busy trying to keep up with mowing and beach clean up. This last month we were able to obtain two tree trust/career start workers. These are youth who live in Mound and do manual labor such as litter pick up, push mowing and repair. Their wages are paid through the program with no cost to the City. Both youths have been very good workers and have only required minimal supervision. Work on Dundee Park has been minimal, with the installation of two benches. DOCKS Staff has been busy with the Commons Task Force. The dock inspector is already updating the 1996 applications that will be sent out at the end of the year. The docks program has been busy with the warm summer and high interest in boating. TREES Four trees were removed from City property along with one stump. There was only one call to a private property and that was already being removed as I inspected it. Weed notices are now being done through the Community Service Officers due to the fact that he has the authority to write a citation that requires immediate attention by the owner. Where as I have to send a certified letter that could take up to two weeks. JF:ls TO: FROM: RE: MAYOR, CITY COUNCILAND CITY MANAGER GINO BUSlNARO, FINANCE DIRECTOR JULY FINANCE DEPARTMENT REPORT Investment activity Balance: jUly 1, 1995 $5,161,207 Bought: Money Market First Bank 350,000 Money Market 4M 100,000 C P Dain Bosworth 5.85% 399,606 CP First Bank 5.73% 247,550 CP First Bank 5.83% 349,867 CP Sm ith Barney 5.82% 651,580 Matured: CP First Bank 6.03% (188,474) C P Sm ith Barney 6.09% (789,836) Money Market First Bank (247,550) Money Market 4M (399,918) Balance: JUly 3t, 1995 $5,634,032 1996 Budget Preparation To comply with the truth in taxation laws, the city must certify the proposed levy to the county and adopt the proposed budgetby September 15. The State Department of Revenue has provided us the necessary forms and instructions. The Local GovernmentAid for 1996 has been calculated by the State Department of Revenue and it will be in the amount of $309,740. The Homestead and Agri- cultural Credit Aid amount will be certified to us in the near future. The city departments are busy preparing their respective budgets. The finance department is assisting in the process. CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 August 1, 1995 To: From: Re: Mayor, City Council and City Manager Joel Krumm, Liquor Store Manager July 1995 Monthly Report And the heat goes on. Again the unusually warm weather has produced yet another stellar month for us. Gross sales for the month were $157,356. Last year in July they were $151,287. That puts us at, for the first seven months of the year, at $862,852. Last year at this same point we were at $834,004. We are also approximately 1,000 customers ahead of last year. Credit card usage has picked up considerably this summer. For instance, in July, we had 307 transactions totaling $8,520, for an average of $27.75 per sale. Initially I had hoped to break the $25,000 barrier for credit card sales in the course of a year, particularly, in order to reduce the percentage rate the credit card company charges us. Currently to date we've had $33,574 in credit card sales. At this rate we will double my expectations and go over $50,000. One other matter of note which would be rather obvious to you if you use this shopping center or drive down Shoreline Blvd is that we had the facility painted last month. Yes, it remained the same creamy beige with blue trim as it was before. Nothing too exciting, but yet a new paint job always gives the impression of a clean appearance. JK:kb prlnted on recycled paper CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-0620 August 3, 1995 TO: FROM: SUBJECT: MOUND CITY COUNCIL AND CITY MANAGER GREG SKINNER, UTILITY SUPERINTENDENT JULY 1995 MONTHLY REPORT STREET We spent the month getting ready for sealcoating. We finished on July 27th and it will be swept up by August 2nd. We put some granite on Three Points Boulevard, Grandview Boulevard, Moy's and Brickley's parking lot. Hopefully, this will make these roads and parking lots last a little longer than with the original buckshot that we put normally put on the side streets. Everything seemed to go well this time. We also did patching at main breaks and potholes. When the buckshot is all swept up we will finish the final coats on some of the patches and some pothole patching again. Also, possibly get started on some of the patching for next year's seal¢oat project. We also repaired some bent and down street signs, damaged by vandalism. WATER We have been working on the big meters for the businesses, these are compound heads and have both of the readings on them. We have had some problems getting both of the readings into the handheld unit and out of the computer. We have tried some things and we think its okay now. DJ has been busy with locates and traffic counts on the MSA streets. We have been working with John Cameron on this and should be through in August. SEWER We met with Tri State in regards to a few problems we have been having with the dialers on the lift station upgrades we did this year. Also, we did some warranty work on the pumps. There were some problems on who we were supposed to call first to have it done. A few dialers have been replaced and three more need to be replaced, printed on recycled paper along with some transducers. It's going good, we just need to fine tune them. MISCELLANEOUS I have given my budget to Ed for 1996. I will meet back with him for the line items hopefully sometime in the next couple of weeks. GS:Is LEN HARRELL Chief of Police MOUND POLICE 5341 Maywood Road Mound, MN 55364 Telephone 472-0621 Dispatch 525-6210 Fax 472-0656 EMERGENCY 911 TO: Ed Shukle FROM: Chief Len Harrell SUBJECT: Monthly Report for July, 1995 STATISTICS Thc police department responded to 805 calls for sen,icc during thc month of July. There were 17 Part I offenses reported. Those offenses included 2 criminal sexual conducts, 3 burglaries and 12 larcenies. There were 69 Part I1 offenses reported. Those offenses included 1 child abuse/neglect, 7 forgery/NSF check, 1 weapon, 2 narcotics, 6 damage to property, 1 liquor law violations, 5 DUI's, 4 simple assaults, 11 domestics (5 with assaults), 7 harassmcnk 4 juvenile status offenses, and 20 other offenses. The patrol division issued 110 adult citations and 3 juvenile citations. Parking violations accounted for an additional 11 tickets. Warnings were issued to 80 individuals for a variety of violations. There were 3 adults and 3 juveniles arrested for felonies. There were 27 adults and 8 juveniles arrested for misdemeanors. There were an additional 6 warrant arrests. Thc department assisted in 15 vehicle accidents, 5 with injuries. There were 26 medical emergencies and 39 animal complaints. Mound assisted other agencies on 23 occasions in July and requested assistance 12 times. Property valued at $1,850 was stolen. MOUND POLICE DEPARTMENT MONTHLY REPORT - JULY, 1995 INVESTIGATIONS The investigators were involved in 6 criminal sexual conduct cases and 2 child protection issues that accounted for 75 hours of investigative time during the month of July. Other cases included burglary, robbery, false imprisoment, forgery, theft, possession of stolen property, domestic violence, NSF checks, assault, violation of an order for protection, hit and mn accident and harassment. Formal complaints were issued for the abuse of a vulnerable adult, controlled substance, violation of a restraining order, DWI and open bottle, worthless checks, disorderly conduct, hit and mn personal injury accident, speed and no proof of insurance, marijuana in a motor vehicle, and illegal dumping. mo PersonneFStaffmg The department used approximately 77 hours of overtime during the month of July. Officers used 111 hours of comp-time, 226 hours of vacation, 26 hours of sick time, and 9 holidays. Officers earned 47 hours of comp-time. IV. TRAINING Investigator Truax attended two days of the Wilson Supervisory Leadership course in July. Chief Harrell atended an FBI conference and took part in seminars regarding violence and gambling. V. RESERVES The Mound Police Reserves donated 222.45 hours during the month of July. MOUND POLICE DEPARTMENT JULY 1995 OFFENSES CLEARED EXCEPT- CLEARF. D BY ARRESTED ~EPORTED UNFOUNDED CLEARED AP/~EST ADULT JUV PART I CRIMES Homicide Criminal Sexual Conduct Robbery Aggravated Assault Burglary Larceny Vehicle Theft Arson 0 0 0 0 0 0 2 0 0 1 1 1 0 0 0 0 0 1 0 0 0 0 0 0 3 0 0 0 0 0 12 0 1 1 2 1 0 0 0 0 0 0 0 0 0 0 0 0 TOTAL PART II CRIMES Child Abuse/Neglect Forgery/NSF Checks Criminal Damage to Property Weapons Narcotic Laws Liquor Laws DWI Simple Assault Domestic Assault Domestic (No Assault Harassment Juvenile Status Offenses Public Peace Trespassing All Other Offenses 17 0 1 2 3 3 1 0 0 1 1 7 1 0 1 1 6 0 0' ' 0 0 1 1 0 0 0 2 0 0 2 2 1 0 1 0 0 5 0 0 5 5 4 0 0 1 1 5 0 3 2 2 6 0 0 0 0 7 0 1 0 0 4 0 0 4 0 2 0 0 2 1 0 0 0 0 0 18 2 1 13 14 TOTAL 69 4 6 31 27 8 PART II & PART IV Property Damage Accidents Personal Injury Accidents Fatal Accidents Medicals ~ulimal Complaints Mutual Aid Other General Investigations TOTAL 10 5 0 26 39 23 521 624 HCCP Inspections 0 95 TOTAL 8O5 33 30 11 MOUND POLICE DEPARTMENT CRIME ACTIVITY REPORT JULY 1995 GENERAL ACTIVITY SUMMARY Hazardous Citations Non-Hazardous Citations Hazardous Warnings Non-Hazardous Warnings Verbal Warnings Parking Citations DWI Over .10 Property Damage Accidents Personal Injury Accidents Fatal Accidents Adult Felony Arrests Adult Misdemeanor Arrests Juvenile Felony Arrests Juvenile Misdemeanor Arrests Part I Offenses Part II Offenses Medicals Animal Complaints Ordinance Violations Other Public Contacts THIS YEA/~ TO LAST YEA/{ MONTH DATE TO DATE 59 505 404 45 460 305 13 122 121 28 325 233 63 384 464 11 228 206 5 25 50 4 19 41 10 57 70 5 21 20 0 0 0 4 12 18 32 190 228 3 36 32 8 84 55 17 160 195 69 417 442 26 201 169 39 385 686 95 353 320 521 4,027 5,806 TOTAL Assists Follow-Ups HCCP Mutual Aid Given Mutal Aid Requested 1,057 8,011 9,865 93 536 338 28 231 325 0 17 32 23 106 81 12 92 47 MOUND POLICE DEPARTMENT JULY 1995 DWI More Than .10% BAC Careless/Reckless Driving Driving After Susp. or Rev. Open Bottle Speeding No DL or Expired DL Restriction on DL Improper, Expired or No Plates Stop Arm Violations Stop Sign Violations Failure to Yield Equipment Violations H&R Leaving the Scene ,No Insurance Illegal or Unsafe Turn Over the Centerline Parking Violations Crosswalk Dog Ordinances Code Enforcement Seat Belt MV/ATV Miscellaneous Tags TOTAL ADULT 5 4 2 3 0 40 0 0 16" 0 2 0 3 2 14 0 0 11 0 4 6 1 0 121 JUVENI~ 0 0 1 0 0 1 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 1 3 MOUND POLICE DEPARTMENT JULY 1995 Insurance Traffic Equipment Crosswalk Animals Trash/Derelict Autos Seat Belt Trespassing Window Tint Miscellaneous TOTAL WARRANT ARRESTS Felony Misdemeanor 16 10 10 0 9 21 0 0 0 7 73 2 2 2 0 0 0 0 0 0 1 Run: 28-JUL-95 13:32 PRO03 Primary ISN's onJy: No Date Reported range: 06/26/95 - 07/25/95 Activity codes: ALL Property Status: ALL Property Types: ALL Property Oescs: Brands~ ALL Models: ALL Officers/Badges: MOUND POLICE DEPARTMENT Enfors Property Report STOLEN/RECOVERED BY OATE REPORTED Prop Prop ]nc no ISN Pr Prop Date Rptd Stolen Date Recov~d Tp Oesc SN Stat Stolen Va[ue Recov~d Value Ouantity B Prop type Totals: 370 0 D Prop type Totals: 140 0 E Prop type Totals: 6 6 0 Prop type Totals: 120 0 T Prop type Totals: 5 0 W Prop type Totals: 20 0 X Prop type Totals: 752 0 Y Prop type Totals: 437 22 **** Report Totals: 1,850 28 Act Code 4.000 1.000 2.000 1.000 1.000 1.000 3.000 4.000 17.000 Page Brand Model Off-1 Off-2 AssndAssnd R~: 28-Ju[-95 12:00 CFS08 Primary ISN's Date Reported range: 'ange each ~y: How Receive: Activity ResultS: Dispositions: Officers/Badges: Grids: Patrol Areas: Days of the week: No 06/26/95 - 07/25/95 00:00 - 23:59 All All All All All All All NOUNO POLICE DEPARTMENT Enfors Calls For Service %NC[DENT ANALYSIS BY ACTIVITY COOE ACTIVITY CODE NUMBER OF DESCRIPTION INCIDENTS 9000 SPEEDING 9001 J-SPEEDING 9008 ILLEGAL PASSING 9014 STOP SIGN 9018 EQUIPMENT VIOLATION 9020 CARELESS/RECKLESS 9032 9038 9039 9040 9100 9150 9200 9210 9211 9220 9240 J-CARELESS/RECKLESS EXHIBITION DRIVING NO PASSING ALL OTHER TRAFFIC J-ALL OTHER TRAFFIC NO SEATBELT PARKING/ALL OTHER NO TRAILER PARKING DAS/DAR/DAC PLATES/NO-IMPROPER-EXPIRED J-PLATES/NO-EXPIRED-IMPROPER NO INSURANCE/PROOF OF CHANGE OF DOMICILE LOST ARTICLES/OTHER FOUND ANIMAlS/IMPOUNDS FOUND PROPERTY 4O 1 1 2 3 2 1 2 1 2 1 1 9 2 15 1 14 2 1 10 9312 9313 Page Run: 28-JUL-95 12:00 CFS08 Primary ISN's only: No Date Reported range: 06/26/95 - 07/25/95 Time range each day: 00:00 - 23:59 Now Received: ALL Activity ResuLted: ALL Dispositions: ALL Officers/Badges: ALL Grids: ALL Patrol Areas: ALL Days of the week: ALL MOUND POL]CE DEPARTMENT Enfors CaLLs For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY CCDE NUMBER OF DESCRIPTION INCIDENTS 9314 FOUND VEHICLES/IMPOUNDED 1 9315 UNCLAINE DESTROYED ANIMALS 2 9430 PERSONAL INJURY ACC]DENTS 4 9440 H/R PERSONAL INJURY ACC. 1 9450 PROPERTY DAMAGE ACCIDENTS 10 9452 H & R ACCIDENTS ~/TICKET 2 9563 DOG AT LARGE 1 9564 DOG BARKING 1 9566 ANIMAL ENFORCEMENT TICKETS 9567 DANGEROUS DOG 9710 M~DICAL/ASU 3 9730 MED[CALS 20 97~1 MEDICALS/DX 2 97-~2 MEDICALS/CI 1 9750 FIRES 1 9800 ALL OTHER/UNCLASSIFIED 6 9801 DOMESTIC/NO ASSAULT 6 9802 PUBLIC ASS]ST 5 9904 OPEN DOOR/ALARMS 5 9920 INSPECTIONS DEPARTMENT 6 9943 PROfiLER 1 9950 INFO/INT 1 Page Run: 28-Ju[-95 12:00 CFS08 Primary ISN's on[y: Date Reported range: 'ange each day: Hou Received: Activity Resulted: Dispositions: Officers/Badges: Grids: Patrol Areas: Days of the week: ACTIVITY COOE DESCRIPTION No 06/26/95 - 07/25/95 oo:oo - 23:59 AIl AIl AIl AIl AIl ALt 9980 WARRANTS 9990 MISC. VIOLATIONS 9992 MUTUAL AID/8100 9993 MUTUAL AID/6500 9994 MUTUAL AID/ ALL OTHER A5351 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-ADLT-STR ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-CHLD-FAM A5356 ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-CHLD-STR A5502 ASLT 5-THRT BODILY HARM-NO MEAP-ADLT-ACQ A9507 TERROR-THRT INFLT BH-UNK NEAP-POLICE B3394 B3794 B3894 C1111 C2111 C3111 C37E1 08500 J2700 J2900 BURG 3-UNOCC RES FRC-U-UNK NEAP-CC~4 THEFT BURG 3-UNOCC NRES FRC-U-UNK NEAP-CC~4 THEFT BURG 3-UNOCC NRES NO FRC-U-UNK NEAP-CGM THEFT FORGERY-FE-MAKE ALTER DESTROY-CHECK-PERSON FORGERY-GM-MAKE ALTER DESTROY-CHECK-PERSON FORGERY-MS-MAKE ALTER OESTROY-CHECK-PERSON FORGERY-MS-ENDORSE-CHK-200 OR LESS-PER DRUGS-SMALL AMOUNT MARIJUANA-POSSESSION TRAFFIC-GM-DRIVE UNDER INFLUENCE OF LIQUOR TRAF-ACCID-GM-AGGRAVATED VIOLATION TRAFFIC-GM-OTHER MOUND POLICE DEPARTMENT Enfors Carls For Service INCIDENT ANALYSIS BY ACTIVITY COOE NUMBER OF INCIDENTS 6 1 10 8 5 5 1 1 1 1 1 1 1 1 2 1 1 1 2 2 1 1 Page 3 Run: 28-Ju[-95 12:00 CFS08 Primary ISN's only: No Date Reported range: 06/26/95 - 07/25/95 Time range each day: 00:00 - 23:59 How Received: Activity ResuLted: ALL Dispositions: ALt Officers/Badges: Grids: At[ Patrol Areas: AIL Days of the week: MOUND POLICE DEPARTMENT Enfors Ca~ts For Service INCIDENT ANALYSIS BY ACTIVITY COOE ACTIVITY CODE NUNBER OF DESCRIPTION INCIDENTS J2EO0 TRAF-ACC-GH-AL 10 MORE-UNK INJ-UNK VEH 2 J3500 TRAF-ACCID-MS-DRIVE UNDER INFLUENCE OF LIQUOR 2 J3EO0 TRAF-ACC-MS-AL 10 MORE-UNK INJ-UNK VEH 2 K6004 DEPRIVE OF PARENTAL RIGHTS-UNK WEAP-CHLD-FAN 1 L5077 CSC 3-UNK ACT-ACQUAINT-18 OLDER-F 1 L7051 CSC 4-UNK ACT-POS AUTH-UNDER 13-F 1 M3004 JUVENILE-PETTY OFFENDER 1 M~199 LIgUOR - OTHER 1 M5313 JUVENILE-CURFEW 2 M5350 JUVENILE-RUNAWAY 1 N3070 DISTURB PEACE-MS-PUBLIC NUISANCE 2 N3190 DISTURB PEACE-MS-HARRASSING COHMUNICATIONS 6 03882 OBSENITY-MS-OBSCENE PHONE CALL-ADULT 1 Pl110 PROP DANAGE-FE-PRIVATE-UNK INTENT 1 P3110 PROP DAMAGE-MS-PRIVATE-UNK INTENT 5 P3600 LITTER-UNLAWFUL DEPOSIT OF GARBAGE-MS 1 TF159 THEFT-201-5OO-GM-MOTOR VEH-OTH PROP 1 TG021 THEFT-LESS 200-GM-BUILDING-MONEY 2 TG159 THEFT-LESS 200-GM-MOTOR VEH-OTH PROP ~ U1017 THEFT-FE-BY CHECK-Z01-500 2 U3288 THEFT-MS-SHOPLIFTING-200 OR LESS 2 U3497 THEFT-NS-BICYCLE-NO MOTOR-201-500 1 Page Run: 28-Ju[-95 12:00 CFS08 MOUND POLICE DEPARTMENT Page 5 Primary iSN's onLy: No Date Reported range: 06/26/95 - 07/25/95 -ange each day: 00:00 - 23:59 HoM Received: ALL Activity ResuLted: ALL Dispositions: ALL Officers/Badges: ALL Grids: ALt Patrol Areas: AL[ Days of the Meek: AL[ Enfors CaLLs For Service INCIDENT ANALYSIS BY ACTIVITY CODE ACTIVITY COOE NUMBER OF DESCRIPTION INCIDENTS U3498 THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS W3950 WEAPONS-MS-OTHER ACT-EXPLOS-NO CHAR X3250 CRIM AGNST AONN JUST-NS-VIOL ORD PROTECTION **** Report TotaLs: 309 Run: 28-Ju[-95 13:~ OFF01 Primary ISN's o~Jy: NO Date Reported range: 06/26/95 - 07/25/95 Time range each day: 00:00 - 23:59 Oispositions: Activity codes: At~ Officers/Badges: A~ Grids: A~t ACT ACTIVITY COOE DESCRIPTION A5351 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-ADLT-FAM A5353 ASLT 5-[#FLICTS ATTEMPTS HRM-HANDS-AOLT-STR A535& ASLT 5-1NFLICTS ATTEMPTS HRM-HANDS-CHLD-FAM A5356 ASLT 5-INFLICTS ATTEMPTS HRM-HANDS-CHLD-STR A5502 ASLT 5-THRT BOOILY HARM-NO NEAP-ADLT-ACQ A9507 TERROR-THRT [NFLT BH-UNK NEAP-POLICE B3394 B3494 83794 B3894 C1111 C2111 C3111 C37E1 D8500 J2500 J2700 J2900 J2EO0 J3500 J3EO0 K6004 L5OTT BURG 3-UNOCC RES FRC-U-UNK NEAP-CON THEFT BURG 3-UNOCC RES NO FRC-U-UNK NEAP-COt4 THEFT BURG 3-UNOCC NRES FRC-U-UNK NEAP-CON THEFT BURG 3-UNOCC NRES NO FRC-U-UNK NEAP-CON THEFT FORGERY-FE-MAKE ALTER DESTROY-CHECK-PERSON FORGERY-GM-MAKE ALTER OESTROY-CHECK-PERSON FORGERY-MS-HAKE ALTER DESTROY-CHECK-PERSON FORGERY-MS-ENDORSE-CHK-200 OR LESS-PER DRUGS-SMALL AMOUNT MARIJUANA-POSSESSION TRAFFIC-ON-OR[VE UNDER INFLUENCE OF LIQUOR TRAF-ACCID-GM-AGGRAVATED VIOLATION TRAFFIC-GM-OTHER TRAF-ACC-GM-AL 10 MORE-UNK [NJ-UNK VEH TRAF-ACCID-MS-OR[VE UNDER INFLUENCE OF LIQUOR TRAF-ACC-MS-AL 10 MORE-UNK INJ-UNK VEH DEPRIVE OF ~ARENTAL RIGHTS-UNK NEAP-CHLD-FAH CSC 3-UNK ACT-ACQUAINT-18 OLDER-F MOUND POLICE DEPARTMENT Enfors Offense Report OFFENSE ACTIVITY DISPOSITIONS Page 1 ..... OFFENSES CLEARED .... OFFENSES UN- ACTUAL ADULT JUVENILE BY EX- PERCENT REPORTEO FOUNDEO OFFENSES PENDING ARREST ARREST CEPTION TOTAL CLEAREO 5 0 5 0 2 0 3 5 100.0 1 0 1 I 0 0 0 0 0.0 1 0 1 0 1 ~0 0 1 100.0 1 0 1 1 0 0 0 0 0.0 1 0 1 ' 1 0 0 0 0 0.0 1 0 1 0 1 0 0 1 100.0 1 0 I 1 0 0 0 0 0.0 I 0 1 1 0 0 0 0 r 1 0 1 1 0 0 0 0 0.0 1 0 1 1 0 0 0 0 0.0 2 0 2 2 0 0 0 0 0.0 1 0 1 I 0 0 0 0 0.0 1 0 1 I 0 0 0 0 0.0 1 1 0 0 0 0 0 0 0.0 2 0 2 0 2 0 0 2 100.0 2 0 2 0 2 0 0 2 100.0 1 0 1 0 1 0 0 1 100.0 1 0 I 0 1 0 0 1 100.0 2 0 2 0 2 0 0 2 100.0 2 0 2 0 2 0 0 2 100.0 2 0 2 0 2 0 0 2 1g I I 0 0 0 0 0 0 0.0 1 0 1 0 1 0 0 1 100.0 Run: 28-Ju[-95 13:08 OFF01 MOUND POLICE DEPARTMENT Page Primary ISN's only: No eported range: 06/26/95 - 07/25/95 each day: 00:00 - 23:59 Dispositions: At[ Activity codes: ALL Officers/Badges: Grids: Att Enfors Offense Report OFFENSE ACT[V[TY D%SPOS[TIONS ACT ACTIVITY OFFENSES UN- ACTUAL COOE DESCRIPTION REPORTED FOUNDED OFFENSES PENDING L?051 M3004 M4199 M5313 M5350 N3070 N3190 CSC 4-UNK ACT-POS AUTH-UNDER 13-F JUVENILE-PETTY OFFENDER LIQUOR - OTHER JUVENILE-CURFEW JUVENILE-RUNAWAY DISTURB PEACE-MS-PUBLIC NUISANCE OISTURB PEACE-MS-HARRASSING COMMUNICATIONS OBSENITY-MS-OBSCENE PHONE CALL-ADULT PROP DAMAGE-FE-PRIVATE-UNK INTENT PROP DAMAGE-MS-PRIVATE-UNK INTENT LITTER-UNLAWFUL DEPOSIT OF GARBAGE-MS THEFT-201-5OO-GM-MOTOR VEH-OTH PROP THEFT-LESS 200-GM-BUILDING-MONEY THEFT-LESS 200-GM-MOTOR VEH-OTH PROP THEFT-FE-BY CHECK-201-500 THEFT-MS-SHOPLIFTING-200 OR LESS THEFT-MS-BICYCLE-NO MOTOR-200 OR LESS WEAPONS-NS-OTHER ACT-EXPLOS-NO CHAR CRIM AGNST ADMN dUST-MS-VIOL ORD PROTECTION ..... OFFENSES CLEARED .... ADULT dUVENILE BY EX- PERCENT ARREST ARREST CEPTION TOTAL CLEARED P1110 P3110 P3600 TF159 TG021 TG159 U1017 U3288 U3498 t~5950 X3250 1 0 1 1 0 0 0 0 0.0 1 0 1 0 0 1 0 1 100.0 1 0 1 0 0 '0 1 1 100.0 2 0 2 0 0 2 0 2 100.0 1 0 1 0 0 I 0 I 100.0 2 0 2 0 1 1 0 2 100.0 6 0 6 6 0 0 0 0 0.0 1 0 1 0 0 0 I 1 100.0 1 0 1 1 0 0 0 0 0.0 5 0 5 5 0 0 0 0 0.0 1 0 1 0 1 0 0 1 100.0 1 0 1 1 0 0 0 0 0.0 2 0 2 2 0 0 0 0 0.0 4 0 4 4 0 0 0 0 0.0 2 0 2 1 1 0 0 1 50.0 2 0 2 0 1 0 1 2 100.0 2 0 2 2 0 0 0 0 0.0 1 1 0 0 0 0 0 0 0.0 9 1 8 0 7 0 1 8 100.0 TotaLs: 78 4 74 34 28 5 7 40 54.0 CITY OF MOUND 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-O6OO FAX (612) 472-0620 MEMORANDUM DATE: TO: FROM: SUBJECT: August 2, 1995 City Manager, Members of the City Council and Staff Jon Sutherland, Building Official '~t~ ~., JULY 1995 MONTHLY REPORT CONSTRUCTION ACTIVITY There were 37 building permits issued in July for a construction value of $591,839. This brings year-to-date value to $3,918,793 and this is slightly behind last year at this time. There were 34 plumbing, mechanical, and miscellaneous permits issued for a total of 71 this month and 396 year-to-date. PLANNING & ZONING There were 11 cases process this month by the Planning Commission and Council. In addition to the planning cases, there is the on-going public lands update. COMMUNITY SERVICE OFFICER (CSO) ACTIVITY The CSO's total contacts were 283 this month, with 57 being of a zoning related issue. Seventeen warning tags were issued. Additional information is in the Police Department Report. JS:pj Z55~'"" ~prmtedonrec¥cledpaper City of Mound BUILDING ACTIVITY REPORT Month: JUL~' Year: x995 THIS MONTH YEAR TO DATE ]q]c~'V~"~ u CTIO N SI.GLE FAMILY DETACHEO i 1 102,050 11 1, 161, 432 SINGLE FAMILY ATTACHED (CONDOSI 4 1, 188,000 TWO FAMILY / DUPLEX MULTIPLE FAMILY (3 OR MORE UNITS) T.A.S,E.T HSG. {.OTELS / MOTELSl SUBTOTAL 1 1 102,050 15 2,349,432 COMMERCIAL {RETAIL/RESTAURANT) OFFICE / PROFESSIONAL INDUSTRIAL PUBLIC / SCHOOLS SUBTOTAL RESIDENTIAL ADDITIONS TO PRINCIPAL BUILDING 6 95,577 22 510,647 DETACHED ACCESSORY BUiLDiNGS 2 13,920 5 69,126 DECKS 3 8,560 32 78,003 SWIMMING POOLS REMODEL- MISC RESIDENTIAL 20 73,766 113 464,919 REMODEL- MULTIPLE DWELUNGS 2 30,000 4 87,000 SUBTOTAL 33 221,823 176 1,209,695 ADDITIONS/ALTERATIONS COMME.ClAL {RETA~U. ESTAURANTI 6 75,200 OmCE / PROFESS~ON^L INDUSTRIAL 2 52,166 3 68,166 PUSUC / scHooLs 1 215,800 2 216,300 DETACHED ACCESSORY BUILDINGS SUBTOTAL 3 267,966 11 359,666 RESIDENTIAL DWELLINGS 4 NON-RESIDENTIAL BUILDINGS 1 TOTAL DEMOLITIONS 5 # PERMITS # UNITS VALUATION # UNITS VALUATION # PERMITS 15 TOTAL 37 1 591,839 *--2137-- 3,918,793 'BUILDING 37 207 FENCES & RETAINING WALLS 0 23 S~GNS 0 3 PLUMS~NG 10 66 MECHANICAL 20 65 G.ADING ] 4 S&W, STREET EXCAV.. FIRE, ETC. 3 28 TOTAL I 71 I 396 MOUND FIRE DEPARTMENT MONTHLY ACTIVITY REPORT · n~s .... .LAST ~MIS' YF, AR LAST YEAR ~0NTH OF ,~LY 1995 ~ M~ ~ ~ TO DA~ ~. OF C~ 65 57 412 355 ~OUND ~I~ 17 12 93 76 ~~ 23 ~ 150 141 ~INNETONKA BEACH ,FI~ Q ~ 6 17 ~G~ 0 O 3 ~INNETR I STA ~I~ 5 Z 25 9 )RONO FI~ 6 6 32 23 ~HOREWOOD FI~ Q O 4 0 ;PRING PARK ~I~ ~ 3 2fl 17 ,~UTUAL AID " ~I~ Q O. 3 4 ~~ O O 1 1 ~orx~ FZRE CALLS 31 ~4 l~t 149 ~OTAL EMERGENCY CALLS 34 3~ 229 ~CI~ fl 1 7 ~ID~ ~S & ~~S 9 l fl 61 F~E ~ / F~~ 12 7 63 ~. OF ~ FI~ 373 257 2039 1759 - MOUND '~~ 360 A~5 2q6~ ~ 7~3 71 2 ~l 4~3 FI~ O 24 145 - MTKA BEACH ~~ 0 0 53 ~I~ 101 21 ~ ~ 166 - M' TRISTA ~.~G~ Z3 1 5 2qq ~ ] 24 36 '9] 7 671 FI~ 148 ~5~ 828 4~7 - ORONO ~G~ ~ 96 3~ ~ ~8~ 247 1192 683 ~z~ O 0 ~o7 0 SHOREWOOD ~G~ 21 23 ~ 73 ~ 21 2~ 1 51 73 FI~ 52 57 4lO SP. PARK ~~ 90 86 821 398 ~ 142 143 ] 231 756 F~ 0 0 131 166 - ~ ~D ~G~ 0 0 17 27 T~ 0 0 148 193 TOTAL DRILL HOURS 155 172% ~]02~ 1177~ TOTAL FIRE HOURS 674 510 n~Ta TOTAL EMERGENCY HOURS ~29 67~ 4~ An~n ~ F~E & ~G~ ~S 120~ 118~ 8838 727~ ~UTUAL AID RECEIVED Q Q l ~TUA~ A~D ~IVEN O 0 4 MOUND VOLUNTEER FIRE DEPARTMENT MOUND, MINNESOTA FOR MONTH OF, JULY 1995 FIRE FIGHTERS DRILLS & MAINTENANCE FIRE & RESCUE 7/17 7/24 l~ I-IZL1RS HI1RS RACE 1 JEFF ANDERSEN ~ X 1 9.50 4 62 6.00 372.00 2 GRB3 AICOERSON(F~ X 1 9.50 2 59 6.00 354.00 3 PAUL BABB X X 2 19.00 2 46 6.00 276.00 4 DAVE BOYD X (~ 1 9.50 2 29 6 .OO 174 .OO 5 scozr m~E x x 2 19.00 2% 33 6.00 I98.00 6 DAVE CA~ON X ~ 1 9.50 0 22 6.00 ~32.00 ~~) 0 -0- 2% 43 6.00 258.00 7 JIM 8 s~rrv-~ coronas x x 2 ~9.00 0 27 6.00 162.00 9 ~0~ C'~AW~ x x 2 19.00 5~ 35 6.00 210.00 10 ~'~Y ~T x x 2 1~.00 0 23 6.00 ~.00 1I srm'~ m~C~,SON X X 2 1~,00 0 ~Z 6.5O ~S.00 12 m:m FIS~ ~ C~ 0 -0- 0 0 ~.00 -0- 13 DAN GRADY X X 2 19.00 2% 31 6.00 186.00 14 KEVIN GRADY X X 2 19.00 I 15 6_Om 90,00 15 CRAIG HENDERSON X X 2 19.00 0 42 6.25 262.50 16 PAUL HENRY X X 2 19.00 5 0 6.0Q -0- 17 JOHN LARSON E~/ X i 9.50 5~ 40 6,00 240.00 18' JASON MAAS X X 2 19.00 6 48 ~,OO 288.00 19 JOHN NA~]IS X X 2 19.00 4~ 35 6.00 210.00 20 3A~.~ wk~w X X 2 19.00 3 41 6.00 246.00 21 ~,~ARVTN N'~,.9%~ X X 2 19.00 2 27 6.00 162.00 22 RRl:Yl' N'TCCIIM ]( X 2. lq. Cf~ 5~ 4~ 6.00 ?vn.nn 23 ClOt:lq PALM X l~ 2 lq. FY) 2 AF) 6.00 2AFl AFl 24 ~.fTl~, pALM X l~ 2 lq. FD ? 26 6.00 156 FlFl' 25 TIM PAT}! w X 2 lq. Oo 2 t'~ 6.00 lqR.Fln 26 GR~G PEDERSON X × 2 ]q. OO 2 27 6.00 162.OFl 27 CHIRIS POUNI)ER X X' 2 19.00 3 47 6.00 282.00 28 TONY RASMUSSI~I X X 2 19.00 4 10 6.00 60.00 29 )fTKE SAVAGE X X 2 1~.00 1~ 22 6.00 132,00 3o Krv'r~ sz~P~').~ x x 2 19.00 2 27 6.oo 162.00 31 RON ~A~mA~ X'~ X I 9.5O 5~ 15 6.OO ~O.00 32 BRUCES SVOBODA X X 2 19.00 2 48 6.00 288.00 SWI~SON ~E~ X 1: 9.50 2 34 6.00 204.00 33 TOM 34 ED VA~Cm( X X 2 19.00 2 35 6.OO 210.O0 35 RICK IFfLLIAMS : X X 2 19.00 15)~ 26 ' 6.00 156.00 36 TIM WILLIAMS ('~ X 1 9.50 4 24 6.00 144.00 37 DENNIS WOYTCKE X X 2 19.00 0 34 6.00 204.00 ~ 72½ 82½ 155 589.00 118~ 1203 l,~ 7,254.50 155 I~rr ~.~ 589.00 ~3r_AL 9)010.50 08/03/1995 14:52 G12--4724435 TBM REESE PAGE 01 LAKE MINNETONKA CONSERVATIO. N DISTRICT 900 EAST WAYZATA BOULEVARD, SUITE 160 · WAYZATA, MINNESOTA 55391 TELEPHONE 612/473-7033 BOARD MEMBERS William A. Johnstone Chair, MlnnelOnka Douglas E. Babcock Vice Ch~', Sprln9 Perk Joseph Zwak Secretary, Greenwood Robert Rascop Treasurer, Shorewood Mike Bloom Minnetonka Beach Albert (Bert) Fo$1er Deephaven James N. Gralhwol Excelsior Duane Markus Wayzala Ross McGlasson Tonka Bay Craig Moiler Victoria Eugene Panyka Minnotrista Tom Reose Mound Herb J. Suerth Woodland Orono TO: MOUND CITY COUNCIl. DATE: AUG'UST 3, 1995 FROM: TOM REESE, LIdCD RE:PRE~ENTATIYE SUBJECT: JULY REPORT - LMCD 1.0 I. 1 At the request of Orono, A public temng yes held this n~nth on the pr~ LMCD 1996 bezi~. Sedan-al other cit7 mayors also attmt6d. Interest seemed to center on tbs proper level of financial ~ ttnt the LMCD should be retaining. Question vas also ~ on tie investtmnt strategies for the Distzict's furgs, ~ of tl~ dedu~tit~tit7 of Saw the Late coal~Jtn~oas. With rte absan:~ of both tl~ trait snd rte Tteamtm', and ~s being Ezecutiw Director Alan ~¢-dlcutt's first meetiz~ rte answers rare not available m the room. Several suggestion~ vere ~ by' 1.2 Tte Boa'd vot~ to con='it.~ ~000 o~t of rte Sav~ parti~y makn ~ for the dock ]icnn~ fe~ tint va veto raquimt by code to char~ 1.~ Alan ~rdlcutt vould like the opportunit7 to meet vita the Mound tit7 Council at some comement early date. I vould like to 2.0 Eurasion Wa__~lfoU T~k Porm~ 2.1 ~ continues, aided by azmllant vaattmr. Tbs thoroughly cut areas vhere poor ~ ~ odors have been a problent The goal veath~, coupled vith the lov breakdovn occwretm and tbs traimt crev have combkad to make this a bazmm' year for ~. To dar% 2'!5 lm:kloais of vends hav~ been remo~ from the lake. 22 The Trichlo~er (sure.or to 2-4-D) test~ in Phel~ -~ Carmm's ba~ fas ba~ con~l~ed so that ~ if needed can be 88/83/1995 14:52 612--4724435 TOM REESE PAGE 02 conduced ~i va~. TI~ Corps of ~ r~port on ~ tast viii bs pro~_~ ~10, ~i 7:0~Y/~ ~ i~rsvisv City 5.0 idound Specific Items S. 1 The Wavomi__q~ and Waufilca Commons ~ vere ~ ~. Le~ opinons from both ~ cit7 and I.~¢D alIom~ vets recei3md. It vould be advinbls ii' aL some Ix)iht I mbt vita th~ task force to ad,in thBm on th, potsnlial imImct of' lbs diffemm opiiom for ¢ommom.dcc~ so far as the LMCD codes ~re in~lved. Bill Alan Wdlc~ COMMONS TASK FORCE MINUTES OF A MEETING JULY 25, 1995 Vice-Chair Gordy Tulberg opened the meeting. New Task Force Member Michael Shearer was introduced. Task Force Members present were: Gordy Tulberg, Mike Shearer, Jim Funk, Rita Pederson, Dennis Hopkins, Marilyn Byrnes, Bev Botko, and Frank Ahrens. Rod Plaza and Mark Goldberg arrived late. Parks Director, Jim Fackler, was also present. 1. DISCUSSION: REVIEW RESULTS OF EXPLORATORY SURVEYS. At the last meeting, each task force member received a batch of surveys which were returned to the City. Each task force member was asked to summarize concerns mentioned within the surveys which they reviewed. BOTKO Abutters = 9 5 of them objected to having the responsibility of maintaining the commons, removing dock debris, paying a dock fee to do this, and it was suggested that abutters have a reduced fee for maintenance. 3 of them objected to high fees. 1 didn't like the fact that there was no privacy. 1 thought dock spacing was a problem. One statement from an abutter was quoted, "Concern that checking with the City on one issue will lead to a plethora of other problems." One suggested selling land to abutters. One wanted to know what the liabilities were if someone was on your dock and is injured. Commons 7'ask Force Minutes July 25, 1995 Nonabutters = 10 6 like it, pleased with what they have. 2 felt enforcement of the rules were not good, for example, if there is a problem they thought the dock holder should be contacted, ordered to correct it, billed, and if not corrected they should lose their privileges. I fees too high. 2 install permanent docks. 1 unimportant issues, City should be addressing other problems like the cross walk at the House of Moy. I questioned why there were specific regulations for stairways, etc., that as long as they are safe, what differences does it make if they are to-code. I lives across the street from a commons dock area and he can't get a dock. 1 Concerned about commons money used as a slush fund for the City and not used for commons maintenance. BYRNES Brighton Common North should be called Wychwood Beach down to Manchester). Wychwood Common (from About maintenance and open to the public, some people said trees are used as bathrooms. Loss of privacy. Traffic in front of house. City should clean up if they are trustees for it. Dock fees. Junk cars and trash. Dock program should be cost effective. Commons Task Force Minutes July 25, 1995 Commons are not parks. One had long letter about Three Points and the litigation going on there. HOPKINS Abutters = 9 4 unhappy 5 satisfied Nonabutters = 7 7 satisfied Unknown = 5 4 unhappy 5 satisfied Majority of people surveyed were happy, but were concerned about commons not being commons forever like they believe it should be. A lot of comments about spacing. One nonabutter suggested that he has made friends with an abutter. Most agreed that the dock program works very well and one mentioned that the Task Force is unfair and should have been established with 50% abutters and 50% nonabutters. PEDERSON There was an abutter that said, "it is June 30th and the City has still not mowed my commons." And nonabutter said, "1 think the City is doing a fine job on maintaining the commons." She believes there is some confusion. One nonabutter believed the commons should just be for people who own homes in the area, and not renters, it should be only for those people who pay taxes. Abutters - 10 All docks should be removed in the fall, and it should be more neatly done. Maintenance a big concerns, only a few who do it for everybody. Concerned about crime. Fishing contests without notification to citizens. Commons Task Force Minutes July 25, 1995 Want to be able to trim tree branches without calling the City. - Docks are too close together. - No noise after 10:00 p.m. - Permits to work on commons. - The City should enforce the ordinance we have now, but not create new ones. Raymond Richter stated that he has lived on the Woodland Point Commons since 1938 and he is happy with the commons. His three main concerns were: homeowner's privacy, fees are too high, and people are using their dock when there is an adjacent landing. Need better maintenance of commons property. Non-abutters: - Not comfortable going to dock. - Dock fees high. - Difficult for them to maintain shoreline. - Dock spaces to close. To summarize, the issues were dock spacing, dock fees, and privacy issues. FUNK Abutters = 9, nonabutters = 4, and others = 3. Basically same comments with concerns about privacy, maintenance, spacing, etc. There was one comment that encroachments should be grandfathered-in. There were several comments on abutters and nonabutters that they feel there is too much government regulation and they would rather see the program left alone than see more rules. Commons Task force Minutes July 25, 1995 SHEARER Total 17 survey replies with 9 satisfied, and 8 with questions and problems. One of the most interesting comments was a suggestion of the possibility of when licensing the permits if some courtesy guidelines could be spelled out like after-hours noise,. park hours, etc. TULBERG Did not receive any survey responses, however, took the initiative to check with 4 abutting owners in his neighborhood, and they did not seem to have many problems. Where they live it is a restrictive commons and he can see where the problems may differ from other areas. AHRENS He had 14 responses, two of which were duplicates, and out of those, 6 were abutters and 6 were nonabutters, and one was delivered to his mail box. Ahrens noted that he also looked at the entire set of surveys received, and basically what he found is that people tend to respond to the issues that were cited and concentrated on those and it was hard to tell in some cases if they were abutters or nonabutters. Nonabutters do not have any significant problems with the program, they want it to remain as is, but he did note a few nonabutting problems: Why do they need to provide a copy of their boat registration each year when it is on file from the previous year. There should be no dock fees for abutters. Abutters should always provide the maintenance. People trespassing on their docks, and it was suggested that the City use a stencil and paint "private dock," or something. Concern that land will be taken away. Concern about abutters raping the land by cutting/trimming trees. Ahrens determined there were 134 surveys received with responses, 67 abutters and 67 nonabutters. The Parks Director clarified that there are 180 abutters out of 447 dock sites, however, about 550 to 580 surveys were sent, including the commercial docks and shared dock holders Commons Task Force Minutes July 25, 1995 Ahrens feels that the Task Force already did a pretty good job identifying the issues out there. Abutters issues are: Dock spacing. Maintenance by abutters is not a major concern, but they do not like cleaning up other peoples trash. Concerns about dock fees. - Privacy. Dilapidated docks - appearance of Mound's shoreline. Ahrens proceeded to read some of the comments from the surveys. PLAZA Comments he reviewed included: People want to have a community dock system and dock fees could possible by raised to accommodate this system. One particular response was from Leonard Kopp which talked about how the different commons were deeded, and Plaza passed this around to the Task Force. People commented about how the Dock Inspector enforces ordinances. People were questioned why should abutters pay same taxes as private lakeshore owners. Privacy was a concern. People don't want dock fees to be used to subsidize other programs. Mr. Plaza stated that he found out this weekend that the big party boat that parks in front of his property is used for a charter service, it is rented out, and that is why he has so many problems. How the dock fund is utilized was discussed. Commons 7'ask t=orce Minutes July 25, 1995 Taxes were discussed. Tulberg questioned if it would be beneficial to have a County Assessor come speak to their group. Ahrens related how the County determines the taxes for commons versus private lakeshore properties. Ahrens commented that taxes are an issue because commons lakeshore properties are charged the same taxes and private lakeshore properties. Plaza continued to state some of the concerns he gathered from the surveys. Minimum dock spacing should be 35 to 40 feet. People trespassing on docks. People littering on the commons. Concern about how City maintains shoreline, riprap is bad and if abutting homeowner wants to do riprapping the permit process is very difficult. Other task force members noted that they also had comments about the riprapping. The Parks Director explained the purpose of riprapping. Ahrens commented that he would have preferred to have field stone riprap in front of his house. The task force discussed the possibility of establishing a multiple dock in order to eliminate nonabutting dock sites in front of other peoples houses abutting the commons. They talked about the City supplying and maintaining the dock. Hopkins noted that even if the commons docks are removed from the commons, the abutting owner would still not own the commons. Hopkins questioned if a street abutting the shore could be vacated. Byrnes commented that the City can vacate easements, but they cannot vacate commons. The Parks Director pointed out that commons have not been vacated because it has not been in the public's best interest to do so. Hopkins commented that he does not understand how, in front of Mark Hanus' property, a chunk can be vacated and there is still commons. Hopkins questioned if Hanus should not own the property all the way to the lake. Ahrens noted that docks are located on property other than commons, such as streets, fire lanes, and tax forfeited property. Ahrens does not believe that any platted "commons" have been vacated. Fackler stated that there was one area in the 1960's that was vacated on Fairview Lane on Harrison's Bay known as Lake Blvd., and this action is what jump started the City to protect these lands. Ahrens noted, that as a task force, one of their solutions is not to vacate commons and it should not be discussed. Commons Task Force Minutes July 25, 1995 Funk suggested that nonabutting commons docks should not be totally eliminated in front of abut~er's houses, but maybe if the spacing is increased, the number of docks lost could be relocated to a multiple dock. Goldberg suggested that encroachments also be addressed. He feels there needs to be a benefit analysis of how much the public is benefited by encroachments being removed versus the abutter harmed by that encroachment being removed. He thinks the City is operating now with the decision rule that if the encroachments makes the commons property look like private property it should be removed, and it seems like a slightly paranoid reason for removing encroachments. Ahrens agreed, and has a problem with the way the encroachments are being dealt with. Plaza noted that two Mound people asked him to raise an issue to the task force, and that is, why is there a share fee? It was their opinion that the dock holder should be allowed to share their dock if they want to, and why should the City receive an extra fee? Ahrens commented that in some areas it has to be regulated who can use the dock. Shearer and Hopkins were excused from the meeting. Goldberg summarized that at the next meeting they need to tighten up their list of problems and priorities that each constituency group has, and then present it to the Council, and then they draft the survey to find out how strongly people feel about these issues. The next meeting is Tuesday, August 1, 1995. MINUTES OF A MEETING OF THE MOUND ADVISORY PARK AND OPEN SPACE COMMISSION JULY 13, 1995 Present were: Chair Carolyn Schmidt, Vice Chair Tom Casey, Commissioners Marilyn Byrnes, Peter Meyer, Janis Geffre, and Bill Darling, Council Representative Andrea Ahrens, Parks Director Jim Fackler, Dock Inspector Tom McCaffrey, and Secretary Peggy James. Commissioner Mary Goode was absent and excused. The following persons were also in attendance: Greg Knutson, Phil Klein, Amy Hurd, Lori Marsh, Glenn Hurd, and Thomas Aune. MINUTES MOTION made by Meyer, seconded by Darling to approve the Park and Open Space Commission Minutes of June 8, 1995, as written. Motion carried unanimously. AGENDA CHANGES Chair Schmidt acknowledged a resident in the audience who requested to address the Park Commission about a concern she has at Langdon Park. Schmidt added the discussion item to the agenda as item 10.A. REQUEST TO RELEASE NATURE CONSERVATION AREA LOCATED AT ENCHANTED & HERON LANE, LOT 1, BLOCK 20, SHADYWOOD POINT, PID 13-117-24 11 0064. The Parks Director noted the letter received from the City Attorney and the Park Commission discussed the conclusions. Darling stated that he concluded from the attorney's letter that it would be okay to release the parcel with a conservation easement. Casey questioned why this should be done, and why should the City pay the attorney for more time spent on drafting an easement. Casey suggested that they recommend the status of the parcel not be changed. Casey also noted that an estimate of the costs incurred by the attorney for services rendered relating to this issue was not supplied as requested in a motion by the Park Commission. He feels that the City is mis-allocating their money by spending more time on this issue. Byrnes questioned what use this property has to the City. The Parks Director indicated that this property is utilized for drainage purposes. Geffre referred to a letter from John Cameron dated July 16, 1986 which states that the lot needs to be retained for drainage purposes. Darling stated that it would not make sense for a purchaser to buy this property with an easement on it, because then they would not be able to utilize the land for the value they are trying to get out of it. MOTION made by Casey, seconded by Meyer to recommend that Resolution #93-144 be reaffirmed to retain the parcel for conservation purposes. Byrnes is in favor of the property being sold without an easement. Phil Klein stated that he has not heard any comments from the Commission relating to his letter. It was his opinion, after the last meeting, that the Park Commission was not very familiar with the NCA program. Casey offered to reply to Mr. Klein's letter, item by item. Park and Open Space Commission Minutes July 13, 1995 SITE INVENTORY, a quote from the NCA Plan, "The remaining 30 parcels which were tax forfeited property have undergone prior review by the City. The result of the reviews that were conducted was a determination that these Parcels were of more value to adjoining property owners or other individuals than they were to the City.. . the site may be more appropriate for private ownership. In such cases, the City may consider retaining a conservation easement to protect the land..." Casey replied that the review of the 30 parcels was done prior to the adoption of the NCA plan, and since that time, the City changed its mind and created a resolution in 1992 to retain the property for conservation purposes. NCA DESIGNATION PARAMETERS, "if the potential NCA site is in an area that has significant publicly owned natural areas and unless the vegetation and features of the candidate site are truly unique, the site may be more appropriate for private ownership. In such cases, the City may consider retaining a conservation easement to protect the land." This site is directly across the street from public lakeshore commons. Casey commented that it is his opinion this site is not appropriate for ownership because it is unique, it is needed for drainage purposes, and the size of the adjacent public land is not very large. Every parcel of public space is unique and should be retained. NCA DESIGNATION PARAMETERS, "Such parcels may be more appropriately owned and used by private parties to provide additional buffering from the negative impacts." The negative impacts may in fact be more substantial by the private property owners unless we have a conservation easement that is enforceable, and the political will and money to try and enforce that. We have a problem trying to say that there are negative impacts that will be litigated by conveying that to private land owners. NCA DESIGNATION PARAMETERS, "... it would benefit both the community as well as the property owner to release such a parcel for sale..." Casey thinks it is presumptuous that there is a benefit to the City. He is a member of the Minnesota Land Trust and on the Board of Directors for the West Metro Chapter, and one of the things they want when they get conservation easements is the land to be donated and money allocated for enforcement purposes. So there could be expenses for the both the owner and the City for enforcement and possibly legal fees to resolve issues that may occur. So, money may not be saved by the City by giving the land to a private property owner. Phil Klein noted that the City recently had to remove a fallen tree from the property. The Parks Director confirmed that the cost of removal was probably $250 to $500. Phil Klein stated it is his opinion that the lot would be better off being owned by the adjoining land owner. Park and Open Space Commission Minutes July 13, 1995 Chair Schmidt read Resolution #93-144to the Commission. MOTION carried 4 to 3. Those in favor were: Darling, Casey, Meyer, and Geffre. Those opposed were: Ahrens, Schmidt, and Byrnes. This request will be reviewed by the City Council on July 24, 1995. GREGORY KNUTSON, 4701 ISLAND VIEW DRIVE, DEVON COMMON, DOCK SITE #42077. REQUEST TO REPLACE STAIRWAY. The applicant is requesting approval to replace the existing stairway located on Devon Common used to access his dock. The light located on Devon Common was approved by Resolution #92-13. The light must be shielded according to LMCD regulations. This site also contains an existing retaining wall that is in good condition at this time. Staff recommended the Park Commission recommend approval of a 5 year permit to allow construction of a stairway at Dock Site #42077, subject to the following conditions: This permit includes the existing retaining wall and the applicant shall continue to be responsible for repair and maintenance. 2. This permit includes the light pole with two spot lights, subject to the following: a. A shield shall be installed on the spot lights, as approved by the Parks Director. b. Proof of an electrical inspection be submitted to the City Building Official. The new stairway shall be in compliance with the Building Code as approved by the Building Official. 4. The applicant is responsible for the installation, costs, labor, and maintenance. The stairway shall be completed within one (1) year of City Council approval. If the stairway has not been completed within one year of the date of approval of this permit, the applicant's dock license will not be issued until compliance has been achieved. Knutson confirmed that the stereo speakers, as referred to in a previous resolution, have been removed. Knutson also confirmed that the stairway will be construct in the same location as the existing stairs, and they will be constructed to code. MOTION made by Byrnes, seconded by Darling, to recommend approval of the public land permit to allow reconstruction of a stairway on Devon Common, Dock Site #42.077, as recommended by staff. Casey commented that it is his opinion the these new stairways should not have to be built to code. It is his opinion that these stairways are over-built, over-safe, and they detract from the shoreline, they look like cattle chutes. Ahrens noted that it was the former council that 3 Park and Open Space Commission Minutes July I3, I995 voted in favor of requiring the stairs be constructed to code, and noted that if this was private shoreline, a permit would not be required. Knutson questioned the issue with his light. He stated that the bulbs are frosted, and he has checked with several places and nobody sells shields. His light does not shine into the lake, and it does not stay on all night. The Parks Director stated that he can work with the applicant on this issue, and it is his opinion that if the light is adjusted so it does not shine into the lake it is probably okay. Meyer agreed that the City could ease up on the code requirements for stairways. The Commission determined to place on the next Park and Open Space Commission meeting agenda the discussion of stairways. There was discussion relating to the requirement for an electrical inspection, and Ahrens questioned what the electrical inspector looks at when a light is existing. What is involved in an after-the-fact electrical inspection? Is it really needed? Darling no.ted that the consequences of having hazardous electrical service on the commons should be considered. MOTION carried with 6 in favor and 1 abstention. Those in favor were: Darling, Meyer, Byrnes, Schmidt, Casey, and Geffre. Ahrens abstained. This case will be heard by the City Council on July 24, 1995. The issue of electrical inspections was further discussed. Schmidt questioned the consequences of a dock license not be issued. The Parks Director confirmed that no dock licenses have been denied to-date due to noncompliance of a public land permit. Meyer suggested that the Electrical Inspector attend a meeting or provide an explanation about after-the-fact electrical inspections and inspections on commons property. The Commission agreed and directed staff to follow-through. GENE SMITH, 4705 ISLAND VIEW DRIVE, DEVON COMMON, DOCK SITE #42117. REQUEST TO REPLACE STAIRWAY. The applicant is requesting approval to replace the stairway located on Devon Common used to access their dock. The existing retaining wall received a permit in 1978 and is in good condition. Staff recommended the Park Commission recommend approval of a 5 year permit to allow construction of a stairway at Dock Site #42117,subject to the following conditions: This permit includes the existing retaining wall, and the applicant shall continue to be responsible for repair and maintenance of the retaining wall. The new stairway shall be in compliance with the Building Code as approved by the Building Official. 3. The applicant is responsible for the installation, costs, labor, and maintenance. The stairway shall be completed within one (1) year of City Council approval. If the stairway has not been completed within one year of the date of approval of this permit, the applicant's dock license will not be issued until compliance has been achieved. Park and Open Space Commission Minutes July 13, 1995 MOTION made by Dading, seconded by Geffre, to recommend approval of the public land permit to allow reconstruction of a stairway on Devon Common, Dock Site #42117, as recommended by staff. MOTION carried with 6 in favor and I abstention. Those in favor were: Darling, Meyer, Byrnes, Schmidt, Casey, and Geffre. Ahrens abstained. This request will be reviewed by the City Council on July 24, 1995. CITY OF MOUND, PROPOSED STAIRWAY AT AMHURST LANE, ACCESS TO DEVO,~' COMMON. The City of Mound is proposing to install a new stairway located on Amhurst Lane which is used to provide access to Devon Common. Public stairways that are being installed are constructed according to code. Staff recommended the Park Commission recommend approval of a permit to allow construction of a stairway on Amhurst Lane. The new stairway shall be in compliance with the Building Code as approved by the Building Official. The abutting dock site holders were notified of this request. Ahrens polled the Commission to find out who visited the site. None of the Commissioners, other than Ahrens, visited the site. Photographs were reviewed by the Commission. The Secretary informed the Commission that a phone call was received from Janet Nelson who stated that she is in favor of the stairway because recently she suffered from a stroke and it is difficult for her to walk down the steep hill. Nelson also stated that they have had a dock site there for 20 years and her children often fish from their dock. Glenn Hurd, owner of the property two houses down from the proposed stairway, stated that he never sees anyone fishing from those docks, and he thinks that this is the first year the Nelson's have had a boat on their dock. Mr. Hurd stated that they are opposed to the stairway, they are afraid that nonresidents will use the stairway to access the area for fishing. They also feel that the stairway will be too close to their neighbors house as the access is only 15 feet wide. Darling questioned staff why the stairway was proposed. The Parks Director stated that the elevation is very steep slope and this is an area where there are nonabutting dock sites. He feels it is the City's responsibility to provide for safe access to designated dock sites. The estimated cost of the stairway is $3,150, and it will have a life expectancy of 50 years. Fackler stated that a wooden stairway would cost only $1.00 less per tread, but would only last about 10 years. The number of docks which would utilize the stairway was reviewed. It was determined that there are 4 nonabutting dock sites and 2 abutting dock sites in this area. Tom Aune, who is a nonabutting dock site holders, stated that he does not feel it is worth it to spend that much money on a stairway, he is a healthy person and feels the hill is navigable. Darling noted that there is no representation to support the stairway. MOTION made by Darling, seconded by Ahrens, to recommend to the City Council that the stairway not be installed. 5 Park. and Open Space Commission Minutes July 13, 1995 Ahrens commented that anyone who lives on a steep bank and does not have a fire lane available to them is in a position to have to construct a stairway or find a way at their own expense to get down to the lake, and she believes that anytime the City is going to look at constructing public stairways, particularly in an area where there are three nonabutters, she would like to ask these people to kick in $1,000 for the stairway because this is their access to the lake. The City does not subsidize an abutting property owner to access the lake, and if these stairs are to be paid for from the dock fund, she personally objects to subsidizing anyone elses stairway when all other people have to pay for their stairways out of their own pocket. Casey would like to see some way that this public commons can be enhanced for public use to attract the public there because they are paying taxes within the community too. Ahrens disagreed, she does not believe tax monies are being spent on the commons. Casey argued that citizen tax dollars are helping to pay for the law suits involving the commons. Motion carried unanimously. CITY OF MOUND, PROPOSED STAIRWAY AT BLUEBIRD LANE, ACCESS TO WIOTA COMMON. The City of Mound is proposing to replace the existing timber stairway with a new concrete stairway located on Bluebird Lane which is used to provide access to Wiota Common. Public stairways that are being replaced are constructed to code. Staff recommended the Park Commission recommend approval of a permit to allow construction of a stairway on Bluebird Lane. The new stairway shall be in compliance with the Building Code as approved by the Building Official. The abutting dock site holders were notified of this request. Ahrens polled the Commission to find out who visited the site. None of the Commissioners, other than Ahrens, visited the site, however, three of the Commissioners noted that they are familiar with the site. Photographs were reviewed by the Commission. Ahrens stated that an abutting neighbor, Mr. Hauskins, informed her that the City filled the stairs with gravel this years, and last year Mr. Hauskins replaced some timbers last year. Ahrens agrees that the timbers are rotting. Fackler commented that he also conversed with Mr. Hauskins, and Mr. Hauskins was in favor of getting a new concrete stairway. Ahrens stated that Mr. Hauskins called her today and was told that a former home owner installed that stairway. Fackler confirmed that the City originally installed the stairway. Hauskins also commented to Ahrens that there are about 6 or 7 families on his block that use the stairway, the stairway is in a dedicated area, and he thinks it is unfair that the stairway should be paid for out of the commons dock fund because anyone who does not live in Dreamwood is barred from using that stairway. That commons is only dedicated to the residents in Dreamwood. Park and Open Space Commission Minutes July 13, 1995 Ahren's questioned if the dock fund should pay for a stairway that will only be used by dock holders within the Dreamwood addition. Ahrens also noted that the Judge will be making a decision on the Flack vs. City of Mound case which involves another dedicated commons, and this action may affect the future use of this commons. The Parks Director commented that it has always been their understanting that this area is open for general public use, except for the issuing of dock sites. MOTION made by Ahrens, seconded by Goode, to table this request until after July 18, 1995 when a decision is received on the other dedicated commons currently involved in a legal situation. Ahrens summarized the status of the Flack vs. City of Mound case. MOTION carried 6 to 1. Those in favor were: Ahrens, Meyer, Byrnes, Schmidt, Casey, and Geffre. Darling abstained. REVIEW DOCK LICENSE ORDINANCE SECTION 437 - DOCK REMOVAL REQUIREMENTS. The Dock Inspector reviewed his memorandum that listed the number of docks that were left in the lake during the winter at 158, of which 12 had only one section left in, and 7 had boat lifts. Three people were notified that they needed to remove their docks and the response was excellent. Darling summarized that it appears there are not enough problems to constitute an ordinance change. Ahrens reviewed the history of this issue. She is concerned about what debris ends up in the bottom of the lake. Casey agreed that the lakes should be protected. Schmidt noted that in the area where they have their commons dock, at Avalon Park, if there is an issue of a dilapidated dock it has been promptly cleaned up. MOTION made by Darling, seconded by Byrnes, to move onto the next issue on the agenda. The areas in which docks should be required to be removed during the winter was discussed. The Dock Inspector reminded the Commission of the Dock Map which he had color coded areas where he felt docks should be removed during the winter. It was that private docks are not regulated, so why should commons dock sites be regulated. MOTION carried 4 to 3. Those in favor were: Darling, Byrnes, Schmidt, and Geffre. Those opposed were: Casey, Ahrens, and Meyer. SET PUBLIC HEARING ON 1996 DOCK FEES FOR AUGUST 10, 1995. The Commission approved of the notice to be published. 7 Park and Open Space Commission Minutes July 13, 1995 REVIEW 1996 DOCK APPLICATION FORMS. The forms were approved with the modification of the dates being changed. Meyer requested that an explanation be added to the bottom of the "Information Sheet" explaining why fertilizer, herbicides and pesticides are discouraged. Staff will draft an explanation before the forms are submitted to the City Council for approval. PRQPOSED 1996 PARK IMPROVEMENTS. CAPITAL OUTLAY REQUESTS: Jim Fackler, Parks Director, reviewed the Capital Outlay Requests he submitted to the City Manager, summarized as follows: Parks Swenson Park play structure water fountains at Swenson, Three Points, Philbrook and Mound Bay basketball goals at Philbrook Park depot building: siding and exterior electric computer upgrade Nature Conservation Area improvements gas storage locker for parks maintenance garage skating rink resurface tennis courts at Three Points and Swenson Docks computer upgrade riprap stairway Ahrens commented, "that just because you have this dock fund and you see this balance sitting out there we are going to spend $30,000 on riprapping; this is backwards. What you should do is look for areas that you cannot afford to not riprap. You don't go look for someplace to riprap just to spend the money." The Parks Director explained that they are planning to only top dress areas that have already been riprapped. Ahrens wants to know where this top-dressing is going to be done, because she will not approve the budget unless she can go look at the areas. Fackler explained that this Capital Outlay Request has already been forwarded to the City Manager. Schmidt confirmed that they will see the final budget when it is done. REQUEST FROM JESSICA DARLING REGARDING LANGDON PARK. Chair Schmidt suggested that this was a good time to hear this request. Jessica Darling explained that there is profanity and graffiti painted on the slide at Langdon Park and it is very offensive. She requested the slide be re-painted. The Parks Director commented that he was unaware of this slide, he has seen similar situations in the past and it is difficult to keep-up on these issues. Darling suggested that they include money in the budget to clean-up the parks. Fackler commented that the Parks Department is operating with minimal staff, however, he will address this issue. 8 Park and Open Space Commission Minutes July 13, 1995 Geffre suggested that staff contact the manufacturer of the play structure for information on how this graffiti could be removed. SKATING RINK SURVEY RESULTS: The survey results were reviewed. It was noted that the results from question #1 were inadvertently transposed, therefore, 264 would use a public outdoor recreation skating rink, and 57 would not. Darling noted that since Mound Bay Park appears to be the number one choice, and $5,000 is in the proposed budget, he requested the Parks Director investigate what they can get for $5,000. UPDATE ON COMMONS TASK FORCE. This item was not discussed. DISCUSSION: WINTERFEST. Discussion on this issue was tabled. AROUND MOUND RUN/WALK Chair Schmidt read to the Commission a thank you letter received from Linda and Ernie Strong. Around Mound donated $50 to the Adopt a Green Space Program. MOTION made by Byrnes, seconded by Byrnes to adjourn the Park and Open Space Commission Meeting at 10:05 p.m. Motion carried unanimously. RECEIVED JUL 2 8 7/27/95 To: LMCD Member Cities Fi:om: Gabriel Jabbour, Orono Council Member On July 26 the LMCD held a public hearing regarding their budget. Five of the member cities were represented at the hearing by their mayors or acting mayors, plus two city adminislxators. Enclosed you will find a collection of facts which I hope will assist you in understanding some of our concerns. Please notice the fund balances in the LMCD's annual report on pages 3 and 12, the overall sum has risen despite the LMCD's unrecogxfized loss of $39,274. IfI can answer any questions please feel free to call me at 379-2321 or 471-9256. Sincerely, Gabriel Jabbour LAK~ M1NNETONKA CONSER VA TION DISTRICT COMPARATIVE COM. BZNZNG STATEMENT OF REVENUES, EX~~~ AND ~ BALA. N~-A l_l. FUND TYPES DBCEMBER 31, I994 Spedal General ReYenue Totals REV'ENUES Fund ~ 1994 1993 Municipal Dues $ 35,655 $ 64,323 $ 99,978 $ 111,140 Donations 0 33,926 2. 32.,.9~ 22,778 Interest on Investments 9,576 23,491 {~,.~.~ 32,235 Other Public Agencies and Grants 1,891 48,495 50,386 85,734 Licenses and Permits 89,676 0 89,676 90,848 Deicing 5,187 0 5,187 5,364 Variances 2,380 0 2,380 3,456 Special Events 4,490 0 4,490 3,330 Charter Boats 7,825 0 7,825 7,750 Court Fines 38,519 0 38,519 37,733 Liquor Licenses 5,900 0 5,900 B, 143 Late Fees 2,708 0 2,708 843 Other Inccme 637 3,501 4,138 495 Total Revenue 204,444 173,736 378,180 389,849 E.¥R E.¥D ITURES Administrative 117,014 40,511 157,525 159,003 Public Safety 0 4,548 4,548 6,988 Public Servtce 0 12,180 12,180 0 Public Information and Education 0 5,571 5,571 6,074 Operations 41,093 19,993 61,086 57,715 'Capital Outlay 0 0 0 1,084 Contract Fees/Mangement Plan 7,539 16,031 23,570 21,664 Legal 41,461 0 41,461 66,536 Contingency 0 1,478 1,478 4,749 ',/Unrealized investment Loss 11,375 27,899 ~ 0 Truck Service 0 22,251 22,251 20,32..4. _ Total Expenditures 218,482 150,462 368,9-~,~ 344,138 Transfer In(Out) 0 0 0 0 Increase (Decrease) in Fund Balance (14,038) 23,274 9,236 45,711 Beginning Fund Balance Ending Fund Balance 207,241 459,836 666,073 620,362 $ 193,202 $ 483.108 $ 676,310 $ 666,073 -3- LAtGE MINN'ETONKA CONSER VA TION DISTRICT C O MPARA TIYE COMBINING STA ~ OF REVENU. E.~. F_.X~ENDITUR ES AND FUND BALANCI -ALL SPECIAL RF. bTJND$ DECEMBER 31, 1994 Save the Eurasian Equipment Lake Milfoil Acquisition Totals RE VENT..TES Fgn~ Fund Fund 19~4 1993 Municipal Dues Donations Imerest on investments Other Public Agencies and Grants Other Income Total Revenues 0 $ 64,323 $ .0 S 64,323 $ 56,925 32,736 1,190 0 33,926 22,778 4,512 8,931 10,048 23,491 19,141 0 48,495 0 48,495 0 3,501 0 0 3,501 43,069 40,749 122,939 10,048 173,736 141,913 EXPE~NrDITURE. S Administrative Public Safety Public Service Public Information and Education Project Cost Service lerafions Contract Fees Unrealized Investment Loss Contingency Total Expenditures Transfer in(Out) Increase (Decrease) in Fund Balance 2,242 38,269 0 40,511 40,745 4,548 0 0 4,548 6,988 12,180 0 0 12,180 0 5,571 0 0 5,571 6,074 0 0 0 0 0 0 22,251 0 22,251 20,324 0 19,993 0 19,993 18,449 0 16,031 0 16,031 7,303 5,359 10,608 11,932 27,899 0 0 1,478 0 1,478 4,749 29,900 108,630 11,932 150.462 104,632 0 (35,000)....~ 35,000 0 0 10,849 (20,691) 33,116 23,272 37,281 Beginning Fund Balance Ending Fund Balance 88,513 196,321 175,000 459,836 422,555 99,362 $ 175,630 $ 208,116 $ 483,108 $ 459,836 -12- ;38-/7 7/26/95 For us to be able to take an objective position regarding the LMCD and its budget we must look at the lake in whole, its' needs and the various agency's roles in servicing the lake. I. LMCD is one of many agencies and organizations that collectively 'manage' Lake Mirmetonka. A. Surface Use Management 1. The Hennepin County Sheriff's Water Patrol has a budget for enforcement activity solely on Lake Minnetonka of $458,025. 2. Hennepin County spent $126,897 in 1994 on surface use controls and shoreline management, including buoy placement, channel dredging, rip- rapping, tree removal, and access maintenance. B. Environmental Management 1. Milfoil Harvesting. In 1994 LMCD spent $108,630 on its Eurasian Milfoil harvesting program. A portion of this amount was in the form of grants from other public agencies, including the DNR. In addition, Hennepin Parks contributed the use of a harvester, an in-kind contribution equivalent to 25% of LMCD's 4-harvester operation, or approximately $27,000. 2. DN-R Fish and Wildlife. Although no expense data is available, DNR provides fish testing which provides an undefined value. 3. MCWD The Minnehaha Creek Watershed District provides ongoing contributions via their various watershed enhancement projects: -Gleason Lake stormwater retention basin project, for which MCWD spent $1.72 million, with Wayzata's residents contributing an additional $1.38 million. -Long Lake Improvement Project (currently in the permit approval stage) is estimated at $2.8 million. -Proposed Painters Creek improvement project is expected to cost in the range of $5 million. MCWD's annual expense of monitoring Lake lVfmnetonka levels, administering the Gray's Bay dam, etc. is $30,000. C. Education A number of public and private organizations provide educational opportunities to improve the quality and safety of the Lake Minnetonka boating experience: - Water Patrol's juvenile testing program - Minnetonka Power Squadron's educational programs - Coast Guard's education and certification program - Local marinas offer classes LMCD's Management Plan requires that LMCD establish an education program, which has never been initiated. D. Licensing/Permits/Administrative Functions -LMCD's 1994 total administrative expenditure was $218,483. This the licensing and permitting functions as well as other administrative functions. - As a result of the recent study by LMCD's fee committee and agreement with marina operators, LMCD's license and permit fees have been established at a level that covers the cost of administering those licenses and permits, with only a small surplus. -Most other administrative functions are related to specific projects or activities of the Board or its individual members. Each project or activity may require administrative actions and expenditures (such as hearing notice publication, drafting of ordinances by the attorney, etc.). However, because LMCD has failed to build a consensus of the board before embarking on certain projects, expenditures have on occasion have been wasted when final approval from a majority of the board is not forthcoming. It is imperative that LMCD concentrate its efforts on projects and activities that have the support of the Board rather than on pet projects of individual members. II. LMCD has min/mal need for financial reserves. LMCD is a public corporation that, unlike cities, has a very predictable and stable income and expenses, and therefore a minimal need for reserve funds. -Cities continually operate under a 6-month deficit. For any given fiscal year, the first half taxes are distributed to cities the first week of July midway through the fiscal year, the second half in December near the end of the fiscal year. -Municipal operating costs are spread throughout the year, hence proper financial management includes maintaining the necessary reserves to draw from until the tax distributions occur. -Cities are subject to unpredictable expenses(ranging from infrastructure or equipment breakdowns to cuts in State Aid) which require establishment of sizable reserves. -LMCD receives the majority of its funding early in the fiscal year: -20% of license/permit income in December, prior to start of FY -25% of city levies also paid by beginning of FY -By the end of March, 95% of license/permit income has been received and perhaps 50% of city levies -LMCD's expenditures are minimal during the early part of FY, mainly administrative staff salaries. During the remainder of the year, LMCD has a specifically defined agenda of activity with a long track record of expenditure predictability. As a result, LMCD has a predictable, positive cash flow and therefore only minimal need for reserve funds. III, LMCD funding and levy policy. In the letter that accompanied the drai~ budget, Chairman Johnstone stated that, "Maintenance of the LMCD's present operations in the years 1997 and thereafter will require either greater financial assistance from the cities or securing of alternative revenue sources. We continue to believe that all of the users and beneficiaries of the lake should pay their fair share of the costs of managing it through equitable taxes or user fees. At present, they do not." Deferring the cost of operating the district away from the cities is a goal that we can all get behind. At the same time, our goal should be realistic and objective. To initiate a user fee requires repealing an existing state-wide law(see attached) giving the sole right to do so to the Commissioner of the DNR. One must consider the reception of said idea at the State legislator's level. The majority of the taxpayers which finance the district do not benefit directly and could be argued indirectly from the district activity. Only a portion of the $6.3 billion valuation of the fourteen cities comprise Lake Minnetonka shore owner/users. That value is $1.2 billion, which yields at a maximum $29,000 to the district. Some out state legislators might have a difficult time understanding the Chairman's point of view regarding the excess burden placed on the residential users. IV. Conclusion LMCD, lake cities, taxpayers would be better off'if the district, in the future, redefined its scope of operations within its' enabling legislation and refrained from excessive expenditures which results in an overlap of activities of other agencies and additional costs. LMCD should adopt a policy of levying from the cities and fund-raising from the citizens as-needed. Further, LMCD should get away from maintaining excessive funds in reserve. Save the lake should have one year reserve or fund-raise for a particular expenditure that might exceed a year in fund-raising. ]Eurasian ~lFoil fiand should have three months allocation, Equipment fi.md should have the value of one and one-half harvester(the likelihood of the district replacing four harvesters simultaneously is not likely) and General fund should have four months reserve. The above scenario is based on year-end balances. Gabriel labbour Orono Council Member '~cense o13. issued to operated for dem- ~nduc~ of s~s with- state on sioner. Dr water- , the fee ~ feet in 173 WATER SAFL:'rY, WATF. RO~,Fr, A,'~D WATERCRAFt r~:.~G ~R.~II Subd. 10. Accounting. The commissioner ~f natural resources, in agreement with the commissioner of public safety, may prescribe the accounting and procedural r~uirements necessary to assure efficient handling of watercraft registrations and license fees by deputy r~gistrars. Deputy r~gistrars shall strictly comply with these accounting and procedural requirements. History: 1990 c 391 art 9 s 24:1991 c 199 art 1 s 12; 1991 c 254 art 2 s 19; 1992 c 594 s I0; 1993 c 235 s 3 86B.421 LICENSING BY POLITICAL SUBDIVISIONS. A political subdivision may not require watercraft to be licensed. History:. 1990 c 391 art 9 $ 25 · ~- Subd. 2. Rented watercraft responsibility for lifesaving devices. The owner of a :ion' for .. business that rents, leases, or hires out watercraft must provide a personal flotation or as pro- lifesaving device of the type required by this section for each person on board the water- craft. re than ~ WATERCRAFT EQUIPMENT 86B.501 PERSONAL FLOTATION AND LIFESAVI2qG DEVICES. Subdivision 1. Personal flotation or lifesaving device~. (a) Watercraft and duck boats using the waters of this state must be equipped with the number and type of per- sonal flotation or lifesaving devices prescribed by the commissioner. (b) The commissioner may not: ( 1 ) require sailboards to be equipped with personal flotation or lifesaving devices; or (2) require persons on sailboards to wear personal flotation or lifesaving devices or have them readily available. ercraft -,:- i water dealer ' :nsc or tensed coring, s sh~ History: 1990 c 391 art 9 s 26 86B.505 WATERCRAFT C.~,PACITY PLATES. Subdivision 1. Requirement. (a) A watercraft 20 feet Or less in length'manufactured for sale in this state after December 31, 1980, except canoes, kayaks, sailboats, sail- boards, and inflatable boats, must have a capacity plate permanently alraxed to the watercraft by the manufacturer. The capacity plate must contain information relating to maximum safe carrying and power capacity specifications prescribed by the commis- sioner. The information contained on the capacity plate must, at a minimum, comply with the established standards and regulations of the United States Coast Guard. (b) For purposes of this section, "manufacture" means to construct or assemble a watercraft or alter a watercraf~ in a manner that changes its weight and carrying capac- ity. Subd. 2. Certification of correct information. The information appearing on a capacity plate is deemed to certify that the manufa~urer has correctly and faithfully specified the maximum safe carrying and horsepower capacity and that t.he information is not a deliberate or negligent misrepresentation. Subd. 3. Violation. A person who does not comply with provisions of this section commits a violation for each watercraft for which this section is not complied with. History:. 1990 c $91 art 9 s 27 86B.511 LIGHTS. Except as provided in section 169.541, a watercraft truing the water~ of this state, when underway or in use between sunset and sunrise, must carry and display the light~ prescribed by the commissioner for the watercraft. History:. 1990 c 391 art 9 s 28; 1990 c 555 $11 I! HENNEPIN COUNTY .. ", .- ' ';;' .r .-.4:' RESIDENTIAL LAKESHORE PROPERTY VALUES & COUNTS CITY BLOOMINGTON BROOKLYN CENTER BROOKLYN PARK CHAMPLIN CRYSTAL DAYTON DEEPHAVEN' EDEN PRAIRIE EDINA EXCELSIOR* GOLDEN VAt_LEY GREENFIELD GREENWOOD* INDEPENDENCE LONG LAKE MAPLE GROVE MEDICINE LAKE IVlEDINA MINNETONKA* TOTAL MOUND* ORONO" $10,927,4001 $14,119,4001 $19,658,000I $36,479,100t $7,814,9001 $8,239,700 $102,454,400 $49,926,100 $56,739,000 $11,787,700 $13,059,000 $5,600,300 $39,857,700 $23,615,600 $2,732,200 $112,231,600 $23,O64,500 $4,995,100 $43,984,700 79 $138,322 110 $128,358 122 $161,131 215 $169,670 58 $134,740 56 173 171 162 53: 44: 142 140 16 571 113 38 17; $147,138: $592,222! $291,965, $350,241 $222,409 $296,795 $279,280 $168,683 $170,763 $196,553 $204,111 $131,450 $255,725 MTKA BEACH* $49,874,500 118 $422,665 MINNETRISTA* $128,138,400 471 $272,056 881 $128,460,700 $145,812 $307,022,900 953 $322,165 445 $100,548,800 67 PLYMOUTH ROBBINSDALE $8,827,200 $97,536,000 $94,019,600 39 $225,952 $131,749 298 $327,302 $15,174,500 109 $139,216 327 $287,522 $87,225,400 ROCKFORD SHOREWOOD* SPRING PARK* TONKA BAY* WAYZATA* WOODLAND* TOTAL COUNTY i"LAKE MINNETONKA $53,579,900 $1,657,494,100 $1,158,916,400 95! $918,162 66 $811,817 6,304 $262,927' 3,S58! $300,393 F_,XCEPTIONS: 1. Minneapolis City. Lakes not included in Hmmepin County. Records 2. Some cities (Minnctonka, Mound, Minnctrista. Shorcwood) have lakcshorc beyond Lake Minnetonlm. 3. City of Victoria (Carver County) is not included in Lake Minnctonka data. MINUTES OF A MEETING OF THE MOUND ADVISORY PLANNING COMMISSION JULY 24, 1995 Those present were: Chair Geoff Michael, Commissioners Michael Mueller, Frank Weiland, Ed Surko, and Becky Glister, City Council Representative Mark Hanus, Building Official Jori Sutherland and Secretary Peggy James. Absent and excused were: Bill Voss, Lisa Crum, and Jerry Clapsaddle. The following people were also in attendance: Robert Bonnema, Michael Cox, Dudley Bartholow, Mark Saliterman, Sharon McMenamy Cook, and Bob Seeger. MINUTES The Planning Commission Minutes of July 10, 1995 were presented for approval. MOTION made by Mueller, seconded by Surko, to approve the Planning Commission Minutes of July 10, 1995 as written. Motion carried unanimously. CASE 94-44: REQUEST FOR ONE YEAR EXTENSION OF VARIANCE, RESOLUTION//94-44, BY DUDLEY BARTHOLOW, 5926 BEACHWOOD ROAD, PART OF LOT 47, AUD. SUBD. 168, PID 23-117-24 13 0023. The Building Official explained to the Commission that the variance for this property, which was originally requested by Buzz Sycks is due to expire and the lot has not yet been developed. The Resolution and driveway variance have been recorded at the County, as required. Mueller commented that he is not in favor of allowing variances for lots with no street frontage to be developed, however, since this parcel was originally platted in 1927 there is nothing they can do. MOTION made by Weiland, seconded by Mueller to recommend approval of the variance extension for Resolution//94-44. Motion carried unanimously. This request will be heard by the City Council August 8, 1995. CASE 95-19: MARK A. SALITERMAN, 5211 SHORELINE DRIVE, LOTS 7 - 20 & 26 - 35, PID #13-117-24 34 0072. CONDITIONAL USE PERMIT FOR DRIVE-IN BANKING FACILITY. PUBLIC HEARING. The Building Official reviewed the City Planners report. Mr. Saliterman is seeking approval of a conditional use permit and the issuance of variances to allow construction of a new free- standing Norwest Bank building in the parking lot area of Shoreline Plaza, next to Hardee's Restaurant. The proposed bank will contain approximately 3,600 square feet and will have a drive-in facility that includes 4 teller lanes and 1 ATM lane. The teller lanes will be accessed from the west, from the existing Shoreline Plaza parking lot and traffic will loop around the building and exit to the west near an existing driveway curb cut along County Road 15. The proposed bank will replace Norwest's present location in downtown Mound. Planning Commission Minutes July 24, 1995 In order to construct the new bank, the City of Mound will need to approve a conditional use permit prompted by the inclusion of the drive-in portion of the subject proposal, and the City will need to address requested variances involving parking space count and space size, sign placement, impervious cover, and distance between drive-in facilities and residential uses. COMMENTS: Staff has met with the applicant and discussed issues and concerns pertaining to grading, drainage and landscaping. Issues pertaining to grading, drainage and landscaping are largely of a technical nature and can be worked out between City staff and the applicant. Issues highlighted by the Building Official within the Planner's included: 1. A drainage plan needs to be submitted for approval by the city engineer. 2. Lighting. 3. Electronic devices. Parking for the entire center needs to be considered. The site plan identifies a total of 176 parking spaces which is approximately 84% of the required parking amount. The present mix of uses in the Shoreline Plaza shopping center can probably be reasonably serviced by 176 parking spaces. Technical Site Modifications as noted in the Planner's report, including expansion of the existing drive aisle that serves as the entrance to the bank's drive-in area, expansion of all concrete median areas around the bank, and parking lot circulation. 6. Impervious surface coverage variance; to increase from 88% to 98% (approximately). Sign variance. In this case, the property has an extended frontage along County Road 15 and adequate space exists to accommodate the proposed Norwest sign in addition to the relocated shopping center sign, however, since the applicant has not provided any further details, it is assumed that the signs will conform to the City's height, area and placement criteria. RECOMMENDATION: Staff recommended the Planning Commission recommend approval of the conditional use permit and variances pertaining to parking, impervious cover, the placement of two freestanding signs along 1 street frontage, and the electronic devices setback for Norwest Bank subject to the conditions listed in the Planner's Report. The applicant shall prepare the following plans for review and approval by the City Engineer and City Planner: A. Modified Site Plan - The plan shall contain a revised layout that depicts the expansion of the bank drive-in entrance aisle, the expansion of the concrete islands and the resulting modification of the new parking lot east of the existing grocery store. Planning Commission Minutes July 24, 1995 Grading, Drainage and Erosion Control Plan - The plan shall contain existing and proposed contours depicting all grading and identify all required retaining walls. The plan shall also identify storm sewer modifications and improvements and include a copy of all stormwater calculations. Erosion control measures shall also be included. Landscaping Plan - The plan shall show the installation of landscaped island areas edged by poured-in-place curb and gutter in all parking lot islands shown on the site plan with the exception of the islands on either end of the 4 parking spaces on the west side of the site adjacent to Rite Away Oil Change. Landscaping shall also be shown around the bank building, in the sod island area separating Norwest Bank from the shopping center, and along the existing grass boulevard areas abutting County Road 15 and Wilshire Boulevard. Plant material quantities and sizes shall be in conformance with the standards identified in Section 350:725 of the Mound Zoning Code. D. Lighting Plan - The plan shall conform to Zoning Code Sections 350:775 and 350:730. 2. Grading, drainage and erosion control plans shall be reviewed by the Watershed District. With the exception of the placement variance for the two freestanding signs along one street frontage that is granted herein, all signage shall comply with the Mound Sign Ordinance. 4. Construction of all improvements shall be in conformance with all local, state and federal ordinance and permit requirements. 5. The applicant shall complete and submit the required variance application form including corresponding fees prior to the time that this case is heard by the Mound City Council. o The applicant shall have a qualified land surveyor complete the required impervious cover calculation form and submit it to the City prior to the time that this case is heard by the Mound City Council. DISCUSSION: Mueller expressed a concern about the plans not being done and having the proposal pushed through. Weiland questioned if enough information has been provided. The Building Official commented that it was staff's opinion the proposal could be approved, with the conditions noted. Bob Seeger, Project Manager, explained to the Commission that this bank will have all the amenities of an ordinary bank with the exception of a safety deposit vault. The ATM will be accessible 24 hours per day and it will be located within the first lane of the drive-thru. Mr. Seeger stated that he has been the bank architect for 15 years. Mark Saliterman clarified that Rite Away Oil is located on a separate parcel, so their sign is separate. Mr. Saliterman commented that they are on a tight budget and they did not want to spend $20,000 on plans for a proposal that may not get approved._ This approval is also subject to the approval by Jubilee. Saliterman stated that he has talked with Hardee's. Planning Commission Minutes July 24, 1995 Mueller expressed a concern about stormwater management and questioned why the hardcover should be allowed to be increased. (:::hair Michael opened the public hearing. There being no one present to speak on the issue, Chair Michael closed the public hearing. Mueller expressed his disappointed that the City Planner, Mark Koegler, was not present. Relating to Mueller's concern about stormwater management and the increase in hardcover, the Building Official stressed the fact that this proposal must also gain approval from the Minnehaha Creek Watershed District. Sutherland confirmed that no construction or grading on the property will be allowed to begin until a grading permit is issued and approval from the MCWD is received. Mueller questioned findings of fact and hardship in order to approve this request. The Building Official suggested that the City Planner can draft findings prior to review by the City Council. MOTION made by Mueller, seconded by Weiland, to recommend approval of the Conditional Use Permit and Variances as recommended by staff to allow construction of a new Norwest Bank building. MOTION carried unanimously. This case will be heard by the City Council at a public hearing on August 8, 1995. CASE 95-30: ST. JOHN'S LUTHERAN CHURCH, 2451 FAIRVlEW LANE, TRACTS 1 -G, RLS 739 & P/BLOCK 2, SHIRLEY HILLS UNIT D, PID 24-117-24 12 0014, 0058 & 0059. CONDITIONAL USE PERMIT FOR PARKING LOT EXPANSION. PUBLIC HEARING. Building Official, Jon Sutherland, reviewed the City Planners Report. BACKGROUND: St. John's Lutheran Church is seeking conditional use permit approval to expand parking serving the existing church. The proposal involves the construction of one new parking lot and the expansion of an existing lot. The new construction will actually occur on property owned by Independent School District #277 (Shirley Hills School) and it will be used by both the school and the church. An agreement between the two parties covering the parking area either is in place or soon will be. The expansion of the existing parking lot will occur on church property, southeast of the existing building. The primary issues raised by this proposal are related to engineering including grading and drainage. Engineering issues are being addressed by the City Engineer under a separate report. Planning issues are focused on the issuance of the conditional use permit and the issuance of required variances. Both schools and churches are conditional uses in the residential zones. Accordingly, expansion of the church's parking facilities requires the issuance of a permit. Mound's Zoning Ordinance addresses parking under Section 350:760. That section allows parking serving a principal use to be off-site providing it is controlled either by "deed or long-term lease." In this case, it is staff's understanding that the church will lease the property from the school district and the school will have use of the facility during off-peak church hours. Mound's ordinance also requires all new parking lots to have either concrete or bituminous surfacing and concrete curb. Both proposed parking lots comply with this requirement. Planning Commission Minutes July 24, 1995 RECOMMENDATION: Staff recommended the Planning Commission recommend approval of a conditional use permit for St. John's Church to construct a new parking lot and expand an existing parking lot and hereby approves a parking space width variance of one foot subject to the following conditions: 1. A copy of the lease agreement between the school district and St. John's Church shall be submitted to the City prior to release of the final conditional use permit resolution. 2. The applicant shall submit a landscaping plan for review and approval by City staff. Said plan shall be approved prior to construction. 3. The applicant shall prepare and submit impervious cover calculations for the two lots that contain the proposed parking lot expansion. 4. The project shall comply with all applicable codes and permit requirements. In addition, City Engineer, John Cameron, recommended approval subject to the following conditions: 1. Furnish stormwater calculations for the easterly parking lot which may require revisions to the curb openings and/or erosion control. 2. Connect the concrete curb of the proposed westerly parking lot to the curb radius of the entrances from Maywood Road. 3. The grading, drainage and erosion control plans to be approved by the MCWD. 4. Construction of all improvements shall be in conformance with all local, state and federal ordinance and permit requirements. Representing the applicant were Michael Cox of Wold Architects and Bob Bonnema of the St. John's Building Committee. Mr. Bonnema stated that St. John's is in need of more parking and they have worked out an agreement with the School for this proposal. The agreement will expire in one year if the parking lot is not constructed. Mueller stated that the proposed parking lot is an inappropriate use of wooded land and he questioned the application of Mound's Tree Preservation Policy to this case, the City Planner did not address this section of the Zoning Ordinance. Mueller noted that there is plenty of optional parking available in the area, such as the GTE parking lot across the street. Chair Michael confirmed that staff will ask the City Planner to address this issue. Mr. Bonnema stated that they can try to save some of the trees. Mueller commented that recently a number of large, very nice trees were unnecessarily removed from the church property, and now they want to remove more. Weiland believes that this is a good plan for the church and school to work together on establishing and sharing this parking lot. Weiland suggested that the church could plant some trees to replace some of those which will be removed. Planning Commission Minutes July 24, I995 Surko questioned if other parking alternatives were considered. Michael Cox explained that after a three year study, this is the solution they found. Cox noted that it would be difficult for elders and children to cross an icy street, and this location was the best due to topography. They are planning to provide some landscaping and to plant trees along the boarder of the parking lot. Michael commented that it would be nice to see a landscape plan. Surko feels that the proposed location is good for both the church and school as it is contiguous to both, and it will enable better use by the elders and children. Bonnema stated that the church will be maintaining the parking lot and plan to use a skimmer system in the winter. MOTION made by Surko, seconded by Weiland, to recommend approval of the conditional use permit to allow a parking lot expansion, as recommended by staff. It is also recommended that the City Planner address the Tree Preservation Policy and its relation to this request, prior to hearing by the City Council. Motion carried 5 to 1. Those in favor were: Surko, Weiland, Michael, Glister, and Hanus. Mueller was opposed. Mueller commented that he opposed because there was no landscape plan, the City Planner did not acknowledge the Tree Preservation Policy, and there are no hardships or findings of fact for approval. This case will be heard by the City Council on August 8, 1995. CITY COUNCIL DIRECTION TO DISCUSS STREAMLINING OF VARIANCES There was concern expressed that the City Planner was not present for discussion on this issue. Hanus commented that he believes the City Planner wants the Commission to look at what information has been gathered to-date, and give the City Planner some general direction so that he may propose a sample ordinance change for review at the next workshop. Hanus commented that he raised this issue to the Council, and he found out that this item has been a goal of theirs for some time, and this it was warmly received by all the Council members. Weiland commented that he would much rather see cases go through the variance process than to get a rubber stamp. The Building Official explained that a customer at City Hall today was requesting to build a totally conforming 6' x 10' deck on the front of his house, but because of an existing nonconforming side yard setback, he was told that he needed a variance. This is an example of a case that would be rubber-stamped. Mueller suggested the Planning Commission to discuss the issue before an ordinance is drafted. 6 Planning Commission Minutes July 24, 1995 Mueller is in favor of streamlining variances for properties with a nonconforming setback that has been previously recognized by the Council, and if the proposed construction is totally conforming. He would also like to see a cut-off date at which previously approved variances will be accepted. Mueller referred to page 73 of the packet, Letter from Mark Koegler dated June 13, 1995, which states, "An example of such a modification may include allowing construction of additions onto existing conforming homes providing that the existing non- conforming setback is a minimum of 75% of the required setback." Mueller is in favor of addressing nonconforming "setbacks" only. Mueller expressed a concern about dilapidated or hazardous dwellings being allowed to be reconstructed in the same location. For instance, if a nonconforming setback of a structures has been previously recognized, would a house be allowed to be reconstructed in the same location with the same nonconforming setback? Mueller suggested that streamlining not apply to houses with unsafe conditions. On page 63 of the packet, Robbinsdale City Code, Weiland noted that Subdivisions 1 and 6 conflict with each other. The Building Official reviewed the history of two variance cases which he felt could have been streamlined, 1 ) Brubakken - the only nonconformity was the lot width, and 2) Walters - the only nonconformity was a side yard setback (by about 1 foot). Mueller also referred to a recent case (Niccum)in which a nonconforming shed setback has now been recognized, and if he wants to add a deck onto his house in the next year or two he will have to go through the same process again. Sutherland confirmed that Mr. Niccum is planning a larger deck and will have to re-apply for a variance. Mueller noted that Mound's current zoning ordinances also makes it difficult for people to obtain mortgages and insurance. Michael is in favor of Option 1, and is in favor of only allowing streamlining if a nonconformity has been previously recognized. Weiland is in favor to an extent, he does not want to see the Building Official gain administrative authority of granting variances. Surko is in favor of streamlining, and hopes this will give the Planning Commission more opportunity to work on other planning issues. Sutherland noted that in one community, the Planning Commission is the Board of Appeals and variances do not go to the Council unless there is an appeal.. This would shorten the process for both staff and the applicants. The minutes of this meeting will be forwarded to the City Planner for his review, and this issue will be further discussed at the next workshop meeting. Planning Commission Minutes STQRMWATER MANAGEMENT PLAN Mueller questioned the status of Mound developing a Stormwater Management Plan. He also questioned if this would be a Planning Commission issue and if they would have input on the plan. It is his opinion that the Planning Commission should be knowledgeable about the Stormwater Managmenet Plan since it is an issue taken into consideration when granting hardcover variances. Staff is to follow-up on this issue. MOTION made by Weiland, seconded by Surko, to adjourn the meeting at 10:35 p.m. Motion carded unanimously. Chair, Geoff Michael Attest: Phillip A. Klein and Thomas Aune August 1, 1995 RECEIVED City Manager, Ed Shukle City of Mound 5341 Maywood Road Mound, 1Vfinnesota 55364 Subject: Releasing proposed NCA:, Lot 1, Block 20, Shadywood Point, PID 13-117-24 11 0064 Dear Ed, We would like to withdraw our request for the City to release the subject lot for an adjoining lot owner's sale. The comments of the City Engineer bring forth a much more valid reason for the City to maintain ownership. I expect you to receive a report from him that will validate your reason to recommend maintaining possession. We do however insist the City take the recommendation of the Park & Open Space Commission and officially classify this lot as a Nature Conservation Area. In doing so we would like the City to remove the "No Dumping" signs, and replace the with wooden signs stating "Nature Conservation Area." Similar in style used by the State & Federal Department of Natural Resources. There is currently two signs in place now, and two of the new signs should be adequate. We would like the City Council to Vote on our newest proposal at the August 22, Council meeting when this subject was to continue. We hope we can have your support' as well as the rest of your staff~ it is our hope this issue can come to a close soon with everyo, ne happy. Sincerely, Phil Klien & Tom Aune CITY OF MOUND 1995 GREEN SPACE ADOPTION AGREEMENT 5341 MAYWOOD ROAD MOUND, MINNESOTA 55364-1687 (612) 472-0600 FAX (612) 472-O620 SPONSOR: CONTACT PERSON: ~DRESS: GREEN SPACE TO BE ADOPTED: ACTIVITIES TO BE PERFORMED: Clean up garbage and litter. Plant flowers, shrubs, and trees as approved by the Park Director. Remove non-native plants and noxious weeds by hand or by cutting as approved by the Park Director. Water the adopted Green Space regularly. TYPES 07 PU~?S TO SE PU~TED: COLORS: ADDITIONAL COMMENTS: 1995 Green Space Adoption Agreement Page 2 SPONSOR AGREES TO THE FOLLOWING: 1. Clean up the green space at least one time each season and deposit the garbage at a site designated by the City of Mound; 2. Furnish plants approved by the City Park Director; 3. Keep plant- properly watered, maintained, and weeded; 4. Refrain fr3m using fertilizers, herbicides or pesticides without written permission of the Park Director; 5. Furnish transportation and equipment for their workers; 6. Provide adult supervision for workers under 15 years of age; 7. Observe every safety precaution to protect workers from injury; 8. Obey all traffic and parking restrictions in the area people are working. Nc vehicles shall be driven or parked on green spaces except for immediate loading or unloading of materials; 9 Protect ~ · ak_ monuments, signs, and equipment; 10. Notify the Park Director at least 48 hours before starting work; 11. Return unused material and supplies furnished by the City within three days after completion of work; 12. Perform the work in a safe and attractive manner; and 13. Indemnify and hold harmless the City of Mound, its officers and employees from all liability and claims for death, injury, or property damage arising out of the performance or non-performance of said work. Sponsor(s) acknowledge that they or their volunteers are not cor. sidered to be employees of the City of Mound or any of its agencies. THE CITY O? MOU~,~D AGREES TO: 1. Furnish trash bags; 2. Pick up garbage collected by sponsor at a designated site and dispose of same; 3. To the extent possible, furnish plants if sponsor unable to do so; 4. Advise the sponsor regarding management of the green space; and ~ N~fy ~ .... ~ ---- ~..e ~n~ e~i.D~'~ ~o puD]iciy acknowie~ge sponsor's contribution. It is further agreed that the City of Mound reserves the right to te-~mtnate thi~ ~raam~.:~t at an zarli~r d~t~ ~ken, in t~ ~c!~ of the Park Director, it is found that the Sponsor has not satisfied the terms and conditions of this Agreement. Date Received By City of Mound Date